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HomeMy WebLinkAbout2032s � ,,. 43335% EASEMENT FOR UTILITIES THIS INSTRUMENT, Made this 3-4 day of by and between Alice Simpson, Widow , of the County of Hennepin and State of Minnesota, parties of the first part, and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, party of the second part; WITNESSETH, That the said parties of the first part, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for utility purposes, including the right to enter for the purpose of construct- ing, maintaining, altering, repairing and reconstructing utility systems in and over the following described property situate in the County of Hennepin and State of Minnesota, to -wits That part of Lot 7, Auditor's Subdivision No. 176 described as a strip of land 30 feet wide and running along the Easterly side of and parallel with the right -of -way of the Minneapolis, Northfield and Southern Railway. hLI -IiVE IN COJi;i i "Y, ANN. DEPUTY It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction, or maintenance of said utilities replace any shrubs,trebd removed by any excavation in connection with such construction or maintenance work, in as nearly as possible the same condition as before such excavation. THIS DOCUMENT IS EXEMPT FROM DEED TAX IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seals the day and year first above written. c e� AND Alice Simpson IN PRESENCE OF: WITNESS: This instrument was drafted by: City of Edina 4801 West 50th Street Edina, Minnesota 55424 STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) WITNESS: On this _�"` day of �. ter, ��— A.D. 1977 before me, a Notary Public within and for said County, personally appeared Alice Simpson, Widow a"& 70-51 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. peso- ELIZABETH DRAKE NOTARY PUBLIC — MINNESOTA HENNEPIN COUNTY My Commission Expires Mar. 21.1981 (Notarial Seal) 43335 f ..:......4 OFFICE OF COUNTY REUI.�i HENNEPIN COUN I Y. MINN CERTIrrf) FILED AND C- RECD TIE70 ON 1977 NOV 16 U 9.24 ASDOCUMENTIV ` 333566 0y 2 5 0 E p u 1, y loom m 4 • �` rr' w r,• r is Doo. lie'• 1236390 Piled Dot. .list. 1v24 at 4 o'clock i Thle Iadeature0 waft this fifth day of December in the year of our Lord ono thousand &tae bmmUed emd tweall -four (19241 between Louise D. Rutledge* a widow, or the County or ■ommapta asid State or KI=wseta. }arty of the first part, and wesley J. Rutledge and Cleweatiss Rutledpa, huebaad gad wifes of the County or Hennepin and State of Minnesota parties or the "good part wdtzesseth. That the said parties of the first partg for and in gonelderstion of the sea or dap (l1.001 Dollar and other valuable consideration to her in nand paid births said parties or the second part, the receipt whereof is hereby ,rcknowledgod, do hereby Grant AarRaia, Sell and Convey nano the sail p,.rtlee or the second part as point tenants and Rot as tenants in common, or the it assigns, and to the sury iv or or said parties and the moire and ass igas or the survivor, Forever, all that tract or Wool of land lying and being to the County or Hennepin azd State of kinuesota described as follows. to -welt: Cosmencing at a point on the North line or Forty - fourth (44th) 3treet, as opened by the Village or Edina. Eight Hundred and Fifteen (915) het west from cow Fast line or Section Twenty -eight (2•3); Township One Hundred and Seventeen (117) Range 'Nsenty -one ;21) tnezce west along Forty- foutta (44th) Street a distance of One Hundred and Tnree (103) root to the Easterly 11:* of the kiureovolis. Northfield and Southern Railway; thence ruz,ning Northerly along the Easterly line or said Rignt of way Oze Hundred and Fifty (150) root; thence East at right angles Out Hundred Deng The" (103) feet more or less to a point due North of the point of beginning; thez►ce South at right angles One Hundred and Fifty (150) feet to the point of beginning. It is nereby understood and agreed by and between the parties to this conv @yance that as a part or tnw consideration tbpreof a strip of land Thirty (3C) root wide and rurming along the Easterly side of and parallel with the said Rie;nt or way shall be opened, kept opens ,need and maintadzed as a private street for the Ingress and @dross or taw abutting owners who shall p,ty the expenses for tre said opening and maint&n:e or that portion or the sold private street rronting on their respective properties. Further that the said private street shall not be closed -up, abandoned or vacated except by the writteza cozseut or all the town abutting owners tnereor. This covenant shall be binding upon the putties heretoo their heirs. executors and Administrators. To Have end to Hold the Sams. Together with all trio nereditamsnts an,d appurtenances thereunto belorAgiz:g or in azyyalse appertaining to the said parties or tae seeon.d part or their assig" and to the survivor or said parties and the mire ao,i asslgus or the survivor.Forever the said parties or tor* second part taking as point tenants and not as tenants in common. And the said Louiss D. Rutledge, a widow, party of the first part, for herself, her heirs, executors and administrators does covenant with the said parties of the second part or their assigns and the survivor of said par ties and the heirs and ass stns of the survivor trAt she is well seised in fee or the lands and prealses aroreoald, and nas good right to se l l and convey the b. • in wanner and fors aforesaid. and that the same are rree from all ineumbrances whatsoever. &ud the above bargained and granted lands and r ;-ai•as iu trA quiet and peaceable possession or the said parties or the second past. and wai the survivor or said parties and tae heirs and assigns or the survivor against all persors lawfully ®Q11 claiming or to olalm tae whole or Dena port theroof. -aid tae said party of the first part will Warrant And Defend. In Testimony whereof, Tae 0a14 party of toss first M-t hass rgreunto set her band 3 ��i,miu�LC�.ILLG�J�;.:Y:.s�...,. _ .�.•_�aYaJe�a..r�.�_�tWa.� :.�.. �.a.,�„�.G.�..c.,: -.,,. ., � ,._ . r,v .. _ ... , . �> . , c s. sad seat the d V' year first •Roos • . ittsr. __ . _. SWAd. 3*&'*d MW Delivered In presence, of Arthur A. Loge1y11 ) Gilbert ff. Dockea ) Louin D. Rutl•Es (goal) State st Waiseots )sa. County of ffehaspia ) on this 20th doy of December A. P. 1424 • before, W, • Notary pool lc witbia and for said County* l+ersoaally apflared Loulse, D. Rutledp . •widow• tow known to be the person described in aid who 6"cuted the tore,going lnatzuwet and a0fio*led-ed tAat nsr eueoute,d the saes as her free art and deed. Arthur A. Logef*ll Arthur A. Loge,feil Notary Public. fMruspiL County, 1,1". by COMISMlon expires Nov. (Notarial %Ill) 3SSS33.3333 3 333.33,33S