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Home My WebLink About18074 EASEMENT THIS EASEMENT, Made and entered into this day of July, 1975, by and between HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota, herein referred to as "Grantor ", and KIMBERLY ANN LUND, RUSSELL T. LUND III, SHAUNA LYNN LUND, ROBERT T. LUND and the ESTATE OF CHRISTIANA LUND, deceased, herein collectively referred to as "Grantee "; WITNESSETH THAT: WHEREAS, Grantee has this date sold and conveyed to Grantor the following described premises (hereinafter referred to as the "Subject Premises "),. to -wit: All that part of the South Half of Lot 35, Auditor's Subdivision Number 172, according to the recorded plat thereof, lying West of the East 13 feet thereof, except that part thereof lying South of a line drawn parallel_ with and 126.0 feet North of the South line of said Lot 35 and except that part of the Westerly 74.20 feet thereof lying South of a line drawn parallel with and 160.30 feet North of the South line of said Lot 35. Also, all that part of the East 22 feet of the South Half of Lot 36, Auditor's Subdivision Number 172, lying North of a line drawn parallel with and 150.30 feet.North of the South line of said Lot 36. WHEREAS, Grantee is the fee owner of the following described premises (hereinafter referred to as the "Benefitted Premises "), to -wit: All that part of the South Half of Lot 35, Auditor's Subdivision Number 172, Hennepin County, Minnesota, according to the recorded plat thereof, lying West of the East 13 feet thereof, except that part thereof lying North of a line drawn parallel with and 126.0 feet North of the South line of said Lot 35 and except that part of the Westerly 74,20 feet thereof lying North of a line drawn parallel with and 160.,30 feet North of the South line of said Lot 35, Also, all that part of the East 22 feet of the South Half of Lot 36, Auditor's Subdivision Number 172, Hennepin,County, Minnesota, lying South of a line drawn parallel with and 150.30 feet North of the South line of said Lot 36, except that part thereof described as follows: Beginning at a point on the South line of A said Lot 36 which point is distant 22 feet West from the Southeast corner of said Lot 36; thence North parallel to the East line of said Lot 36 a distance of 150.14 feet; thence East parallel to the South line of said Lot 36 a distance of .55 of a foot; thence Southerly to a point on the South line of said Lot 36, which point is .10 of a foot East of the point of beginning; thence West .10 of a foot to the point of beginning, the West line of said excepted parcel being marked by Judicial Landmarks set pursuant to Torrens Case No. 16224. WHEREAS, In partial consideration for the conveyance by Grantee to Grantor of the Subject Premises, Grantor has agreed to grant this easement to Grantee. NOW, THEREFORE, In consideration of the premises, Grantor does hereby grant, bargain, sell and convey unto Grantee the following easements over the Subject Premises, for the benefit of the Benefitted Premises, on the following terms and conditions: 1. An easement to maintain, repair, and reconstruct the downspouts now existing on the building located on the Benefitted Premises, so long as such building shall exist. 2. An easement to temporarily use from time to time so much of the Subject Premises as may be necessary to place ladders and other equipment thereon for the purpose of maintaining and repairing any building now or here- after located on the Benefitted Premises. 3. A perpetual easement to maintain, repair, construct, and recon- struct the footings and foundation of the building located on the Benefitted Premises to the extent the same may extend into the Subject Premises, including the right to use such footings and foundation for the construction of any building hereafter erected on the Benefitted Premises, and the right to enter upon the Subject Premises, and to use and disturb so much of the surface thereof and improvements, including shrubbery, trees and other landscaping materials thereon, as is necessary for the purpose of such maintenance, repair, construc Lion, or reconstruction. -2- 4. Any and all disturbance of and damage to the surface of the Subject Premises and any improvements, including shrubbery, trees and other landscaping materials thereon, shall promptly be repaired and replaced by Grantee at its sole cost and expense, to as nearly as possible the condition it was in prior to such disturbance or damage. Any use of the surface of the Subject Premises hereby allowed shall be done in such manner as to interfere as little as possible with the use thereof by Grantor and the public, and shall be limited only to such area and such time period as is required for accomplishment of the purposes for which such use is allowed p, ursuant hereto. 5. If Grantee should fail or refuse to promptly repair and replace any disturbance or damage as required by paragraph 4 hereof, then Grantor may do such repair and replacement work, and charge the costs thereof to Grantee, including reasonable attorneys' fees incurred in so doing, and including interest at 8% per annum on such costs from the date incurred until paid, which costs, with interest, shall be payable on demand and shall be recoverable in a civil suit, and Grantee also agrees to pay reasonable attorneys` fees incurred in recovering such costs and interest, whether suit be brought or not. 6. Grantee shall hold Grantor harmless from and indemnified against any and all loss, cost, damage, and expense, including attorneys' fees, due to any claim arising out of or claimed to arise out of any willful or negligent act by Grantee, or Grantee's agents, employees, or representatives, in connection with the use of any of the easements or the exercise of any of the rights hereby granted. 7. The easements hereby granted, and the rights and duties herein set out, shall run with the title to the Subject Premises and Benefitted Premises and be binding on and inure to the benefit of the respective heirs, representatives, successors and assigns of Grantee and Grantor. -3- IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed the day and year first above written. HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA By Char s W. Freeburg, Its Chai n And Lawrence W. Rixe, Its Se a ry This Instrument is Exempt From State Deed Tax STATE OF MINNESOTA) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this f✓� day of.July, 1975, by CHARLES W. FREEBURG, Chairman, and LAWRENCE W. RIXE, Secretary, of the Housing and Redevelopment Authority of Edina,, Minnesota, a body politic and corporate under the laws of the State of Minnesota, on behalf of said Authority. [Notary Seal] Notary Public LYNNAE CAROL NYE 11•' NOTARY PUBLIC • MINNESOTA Ift HENNEPIN COUNTY My Commission Expires Apr. 30, 1981 Vywhani, W04 �;ai id�tx�oiurt k �1r3g. 5 P j -4- REPRESENTATIVE'S DEED THIS INDENTURE, Made this day of July, 1975, between H. TED LUND, JR., as Guardian of the Estates of Kimberly Ann Lund, Russell T. Lund III, Shauna Lynn Lund and Robert T. Lund, minor wards, and as Administrator, of the Estate of Christiana Lund, deceased, party of the first part, and HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate under the laws of the State of Minnesota, party of the second part. WITNESSETH, That whereas the Probate Court of Hennepin. County, Minnesota, in the matter of the Estates of Kimberly Ann Lund, Russell T. Lund III, Shauna Lynn Lund and Robert T. Lund, minor wards, and the Estate of Christiana. Lund, deceased, did on the 3rd day of July, 1975? enter its order pursuant to Minnesota Statutes, Section 525.67, authorizing and empowering the party of the first part, as such Guardian and Administrator, to make private sale of the real estate hereinafter described, and directing the said party of the first part to convey said real estate to the party of the second part. NOW, THEREFORE, The said party of the first part, by virtue of said order, and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, to him in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, does hereby Grant, Bargain, Sell and Convey, unto.the said party of the second part, its successors and assigns, forever, all the tract or parcel of land lying and being in the County of Hennepin and State of Minnesota, described as follows, to -wit: All that part of the South Half of Lot 35, Auditor's Subdivision Number 172, according to the recorded plat thereof, lying West of the East 13 feet thereof, except that part thereof lying South of a line drawn parallel with and 126.0 feet North of the South line of said Lot 35 and except that part of the Westerly 74.20 feet thereof lying South of a line drawn parallel with and 160.30 feet North of the South line of said Lot 35. Also, all that part of the East 22 feet of the South Half of Lot 36, Auditor's Subdivision Number 172, lying North of a line drawn parallel with and 150.30 feet North of the South line of said Lot 36. TO AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, to the said party of the s cond part, its successors and assigns, forever. IN T STIMONY WHEREOF, The said party of the first part has hereunto set his hand t e day and year first above written. _e;p H. Ted Lund, 6jr . As Guardian of the Estates of Kimberly Ann Lund, Russell T. Lund III, Shauna Lynn Lund and Robert T. Lund, minor wards, and as Administrator of the Estate of Christiana Lund, deceased. This Instrument is Exempt from State Deed Tax. STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this day of July, 1975, before me, a notary public, within and for said County, personally appeared H. TED LUND, JR., as Guardian of the Estates of Kimberly Ann Lund, Russell T. Lund III, Shauna Lynn Lund and Robert T. Lund, minor wards, and as Administrator of the Estate of Christiana Lund, deceased, to me known to be the person described in, and who executed the fore- going instrument, and acknowledged that he executed the same as his free act and deed for the purposes therein expressed. [Notary Seal] Notary Public LYNNAE CAROL NYE NOTARY PUBLIC - MINNESOTA � HENNEPIN COUNTY This Instrument was drafted by: 'S F Cor^mi sin Fxpires Apr. 30, 1981 .Dorsey, Marquart, Windhorst, West & Hall'a"CyA§yVyM" YYVMVT YYX 2300 First National Bank Building Minneapolis, Minnesota 55402