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MIST RE VOL__!._7a.�...,PAGE.
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COP
A �.
OFFICE OF REGISTRAR OF TITLES
STATE OF MINNESOTA a
COUNTY OF HENNEPIN
I hereby certify that the within 'l9trUmerd
was filed in this office on tho
g day of. MAY A.D. 1975 at
3;,.so o'clock M.
40 {
R TRAR OF TITLES
EPUTY REGISTRAR dF 'i,6tg
��w
t' Or
4'
EASEMENT AND WAIVER OF DA1•MAGES
For and in consideration of the sum of One Dollar. ($1.00) and
other valuable consideration, the receipt whereof is hereby acknowledged,
NOVA CONSTRUCTION COMPANY, a Minnesota corporation (herein called "Grantor "),
does hereby grant, bargain, sell, convey and warrant to the City of
Edina, a municipal corporation (herein called "Edina "), in the County of
Hennepin, State of *Minnesota, the following:
1. A perpetual easement over and in the property hereinafter
described (herein called "Easement Area ") for the purpose of protecting
the hydraulic efficiency and natural character and beauty of the Easement
Area and of the bed and water of any body of water adjoining or on the same,
and no motorized vehicles shall be used or allowed on'any part of the Ease-
ment Area, except official vehicles of Edina, or those authorized by Edina for
accomplishment of the purposes of this easement; and the right, and privilege to
enter upon the Easement Area; with such men and equipment as are necessary, in the
opinion of Edina,. for the doing of such acts, including the construction,
reconstruction and maintenance of such structures, as Edina deems necessary,_
or desirable for accomplishment of the purposes of this easement.
2. All rights of Grantor to construct any building or improvement
of any kind on, or to dump upon, fill, otherwise grade or change the level
of the Easement Area.
The easements and rights hereby granted, bargained, sold, released
and warranted are over, upon, across and in, the tracts of land situated in
Hennepin County, Minnesota, described as follows, to -wits
TRANSFER F+ITErRE
APR 30 1
VENN
DlkpU1i
sY
That part of Lot 8, Block 1, Otto's 3rd Addition, lying
Northeasterly, Southeasterly and Easterly of a line
described as follows: Commencing at a point on the Northerly
�9) line of Lot 8, said point being 45.0 feet Westerly from the
Northeast corner thereof, thence Southeasterly 51.41 feet to a
> point 20.0 feet Westerly from the Easterly line of said lot as
measured perpendicular from said Easterly line; thence Southerly
to the most Southerly corner of said lot and there terminating.
All according to the plat thereof on file in the office
of the Registrar of Titles, Hennepin County, Minnesota.
Also,,
That part of Lot 9, Block 1, Otto's 3rd Addition, lying
Southerly and.Southeasterly of a line described as follows:
Commencing at a point on the Southerly line of Lot 9, said point
being 45.0 feet Westerly from the Southeasterly corner thereof;
thence Northeasterly to a point on the Easterly line of said lot,
said point being 30.0 feet Northerly from the Southeasterly corner
thereof, and there terminating.
All according to the plat thereof on file in the office
of the Registrar of Titles, Hennepin County, Minnesota.
Grantor does covenant with Edina, its successors and assigns, that
it is well seized in fee of the Easement Area aforesaid, and has good right
to sell and convey the same in manner and form aforesaid, and that the same
are free from all incumbrances. And the said Easement Area in the quiet
and peaceable possession of Edina, its successors and assigns, against all
persons lawfully claiming or to claim the whole or any part thereof, the
Grantor will warrant and defend.
It is further agreed that the Grantor herein does hereby remise,
release, acquit and forever discharge on its behalf and on behalf of its
successors, representatives, grantees or assigns, forever, Edina, and any
and all of its officers and employees, of and from any and all claims,
demands, or causes of action of any kind or nature whatsoever, which may
-arise or accrue by virtue of any entry upon or use of the Easement Area for
the purt:oscs of this easement.
All of the provisions hereof shall run with the land and shall
extend to and bind and inure to the benefit of the heirs, representatives,
successors, grantees or assigns of the respective parties hereto. The use
of singular neuter gender herein shall include the feminine and masculine
gender and the plural number, when applicable.
This instrument is exempt from State Deed Tax.
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0
IN WITNESS WHEREOF, the Grantor has executed these presents this
day of
--!;i - , 197
NOVA CONSTRUCTION COMPANY
By
Its
And
Its
STATE OF MINNESOTA
SS:
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day
of Zle 5
of NOVA CONSTRUCTION COMPANY,,a Minnesota corporation, on behalf of the
corporation.
H GORDON TAYLOR
NOiARY PUBLIC — MINNESOTA
HENNEPIN COUNTY
My Commission Expires Nov. 5, 1980
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