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HomeMy WebLinkAbout1988P E R M I T WHEREAS, the VILLAGE OF EDINA, a Minnesota municipal corporation, hereinafter referred to as the "Village ", has undertaken construction of and is constructing a sanitary sewer system in the Village, and in connection therewith will be purchasing or will be instituting a proceeding for the condemnation of the easement below described for sanitary sewer purposes in, on, over and across said lands; and WHEREAS, before purchase or acquisition by eminent domain of the easement below described can be completed, it will be necessary for and advantageous to the Village to enter upon the easement area below described to construct said sanitary sewer system. NOW, THEREFORE, EMIL OSTMAN and ELIN OSTMAN, husband and wife, of the County of Hennepin, State of Minnesota, hereinafter described as the "Grantors" do hereby grant unto the Village, a permit to enter on the following described lands and easements situated in Hennepin County, Minnesota, and construct part of said sanitary sewer system thereon, pending the completion of purchase thereof or acquisition thereof by eminent domain, to -wit: The West twenty (20) feet of the East four hundred and ninety (490) feet and the South ten (10) feet of the West one hundred and five (105) feet of the East four hundred and seventy (470) feet of the following described tract of land: Commencing on the West line of the SW k of the NW k of Section 31, Township 117, Range 21 at a point a distance of one thousand eight hundred forty -seven and two hundredths (1847.02) feet from the NW corner of said Section; thence East to a point on the East line of the SW k of the NW k a distance of one thousand eight hundred thirty and ninety -seven hundredths (1830.97) feet South from the North line of said Section; thence South along said East line a distance of one hundred fifty -nine and eighty -seven hundredths (159.87) feet; thence West to a point on the West line of said Section 31 a distance of one hundred fifty -nine and eighty - seven hundredths (159.87) feet South from point of beginning; thence North to point of beginning, except road. Together with temporary construction easements, twenty (20) feet in width on each side of the above described twenty (20) feat wide strip of land; also a temporary construction easement over the North twenty (20) feet of the South thirty (30) feet of the West one hundred and five (105) feet of the East four hundred and seventy (470) feet of the above described tract of land, said temporary easements shall cease and terminate on January 1, 1964. and said Grantors do hereby waive and release the Village from any claim by Grantors and any of them, and their heirs, representatives and assigns, for trespass due to entry by the Village under this permit. -1- The Grantors do not waive and specifically reserve all rights granted them under the provisions of applicable laws, except those re- lating to trespassing, and specifically but not necessarily exclusively, the following: 1. To have notice of condemnation proceedings, if any, to acquire said easements. 2. To appear, offer evidence, and be heard in said condemna- tion proceedings. 3. To have an award made by the Commissioners in said pro- ceedings. 4. To appeal from said award and from any verdict rendered as a result of any such appeal. This Permit shall be null and void, and the property restored to its present condition, if the Village has not completed the purchase of, or in the alternative has not started condemnation proceedings for, the acquisition of said easement within ninety (90) days from the date hereof. DATED: !,� /'�j �"�L �, 1963 WITNESS: Emil Ostman _r/� " (9,- f Elin Ostman STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) On this 13th day of February , 1963, before me, a Notary.Public, within and for said County, personally appeared Emil Ostman and Elin Ostman, husband and wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. i� t J. N. DALEN Notary Public, Hemepin County, Nihm, My Cnmrnission Zxpires July 24, 1�� (Notarial Seal) THE VILLAGE OF EDINA hereby accepts the above permit, subject to all of the terms and conditions above set forth. WITNES -2- VILLA" OF/ EDINA And Mayor Manager STATE OF MINNESOTA SS COUNTY OF HENNEPIN On this 13th day of February , 1963, before me, a Notary Public, within and for said County, personally appeared ARTHUR C. BREDESEN, JR, and WARREN C. HYDE , to me personally known, who, being each by me duly sworn., did say that they are respectively the Mayor and Manager of the VILLAGE OF EDINA, the municipal corporation named in the foregoing instrument; that the seal affixed to said instrument is the corporate seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its Village Council; and ARTHUR C. BREDESEN, JR. and WARREN C. HYDE acknowledged said instrument to be the free act and deed of said municipal corporation. (Notarial Seal) -3- (Gretchen S. Alden) My Commission Expires Jan.12, 1967