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HomeMy WebLinkAbout2095Ir., 1 SCENIC EASEMENT THIS INDENTURE, Made this 23rd day of February , 19 79 , by and between FOLKE R. VICTORSEN CO., a Minnesota corporation, Grantor, and CITY OF EDINA, a municipal corpor- ation under the laws of the State of Minnesota, Grantee, WITNESSETH: That the Grantor, for and in consideration of the sum of One ($1.00) Dollar and other good and valuable consid- eration, receipt of which is hereby acknowledged, does hereby grant, convey, and warrant unto Grantee, its successors and assigns, a perpetual easement to control and restrict, in accordance with the terms and conditions as hereinafter pre- scribed, the use and development of the parcels or tracts of land,hereinafter designated as the "Scenic Area," situated in the County of Hennepin and State of Minnesota, described as follows, to -wit: That part of Lots 11, 12, 13 and 14, Block 1, The Timbers, lying Southerly and Westerly of the following described line: Commencing at the Southeasterly corner of Lot 14, Block 1, The Timbers; thence South 86 degrees 17 minutes West, assumed bearing, along the South line of said Lot 14 a distance of 295.34 feet to the actual point of beginning of the line to be described; thence North 21 degrees 59 minutes 34 seconds West a distance of 313.32 feet; thence North 87 degrees 11 minutes 28 seconds West a distance of 182.83 feet more or less to a point on the most Westerly line of Lot 11,, Block 1, The Timbers and there terminating. together with the right of access to the above described Scenic Area with such men and equipment as Grantee may deem necessary, over and across the following described premises [the "Easement Area" I: FOR THE PURPOSES HEREIN: Grantee, its successors, assigns, and agents thereof, shall have the right to pass and repass over and across the Easement Area such men and equipment as it deems necessary, and right to enter upon the Scenic Area, for the purposes of inspection and enforcement of the terms and covenants contained herein, together with such right to remove from the Scenic Area any unauthorized structure, material, object, or thing. NO RIGHTS HEREIN ARE GRANTED TO THE GENERAL PUBLIC FOR ACCESS TO OR ENTRY UPON THE EASEMENT AREA OR SCENIC AREA FOR ANY PURPOSE. Grantor, for its successors and assigns, does covenant that there shall be: 1. No topographic changes or alteration of the natural landscape within or upon said Scenic Area by excavation, drain- age, filling, dumping, or any other means without prior written authorization from the City Manager of the City of Edina. 2. No building, permanent, temporary, or mobile, constructed or placed on the Scenic Area. 3. No other structures or devices, whether permanent or temporary, including, without limitation, equipment or -2- t 1 personal property, hereafter constructed, placed, or stored in or on the Scenic Area without prior written authorization from the City Manager of the City of Edina. 4. No removal of trees without prior written author- ization from the City Manager of the City of Edina. This covenant shall not apply to the removal of trees that are dead or are dying from infestation or disease. 5. No dumping of ashes, trash, junk, rubbish, saw- dust, garbage, offal, or any other material of any kind, upon all or any part of the Scenic Area. 6. No conveyance of any other easement for any pur- poses, including, but not limited to, road utility, upon, over, under, or within the Scenic Area, without prior written authorization from the City Manager of the City of Edina. 7. No use made of the Scenic Area in violation of the restrictive covenants herein. Grantee, and its contractors, and their respective agents, employees, representatives, and officers, shall have no liability or obligation of any kind for any damage done to or on the Easement Area or Scenic Area, or any trees, shrubs, sod or improvements now or hereafter on either thereof, due to entry on or over either of the same with men and equipment for -3- the purpose of exercising any of the rights hereby granted to Grantee, including, without limitation, enforcement of any of the covenants and agreements herein contained, and Grantor, for itself, and its successors and assigns, hereby waives and re- leases all claims and demands due to any such damage. These easements, and the covenants contained herein, shall run with the land, and shall be binding on and enforce- able against all persons and entities who shall at any time have any interest in, or come into ownership or possession of, the property that comprises the Scenic Area or Easement Area or any part of either thereof as described herein. The covenants and agreements herein may be enforced by proceedings at law or in equity brought by any person bene- fiting from these covenants and agreements, including, without limitation, the City of Edina, against any persons violating or attempting to violate any of these covenants and agreements, either to restrain violations or to recover damages, and, if successful, the enforcing person shall be entitled to all costs incurred in connection therewith, including attorneys' fees. Invalidation of any of these covenants and agreements as to any person or as to any circumstances shall in no way affect the enforceability of the other covenants or agreements, or all of these covenants and agreements as to any other persons or under other circumstances. -4- IN TESTIMONY WHEREOF, the Grantor has hereunto set its hand the day and year first above written. GRANTOR: FOLKE R. VICTORSEN''CO. by Its 4Q=:l THIS DOCUMENT IS EXEMPT FROM STATE DEED TAX. STATE OF MINNESOTA ] COUNTY OF HENNEPIN ] The foregoing instrument was acknowledged before me this 27!5 day of r�p brt4 19 , by F-j::De,4P P. R4 0. L' of FOLKE R. VICTORSEN CO., a Minnesota corporation, on behalf of the corporation. LINDA D. DALEN NOTARY PUBLIC _ MINNESOTA a� HENNEPIN COUNTY "�•• ' My Commission Expires OCt. 1 ®, 1p10 PREPARED BY: DORSEY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY [TSE] 2300 First National Bank Building Minneapolis, MN 55402 Q. 13503-54 REGISTERED � J/, COPY OFFICE OF THE REGISTRAR OF TITLES HCIWPIN COUNTY. MINNESOTA CERTIFIED FILED ON OCT 2 1979 By REGISTRAR OF TITLES DEPUTY 20475- U i 20475- 9 R Sim AMENDMENT TO SCENIC EASEMENT THIS AMENDMENT, Made this /l/ day of 1981, by and between FOLKE R. VICTORS EN CO., a innesota cor ora- d Mp tion ( "Victorsen "), the CITY OF EDINA, a Minnesota municipal cor- poration ( "Edina "), JOHN C. BRANDY and Patty A. BRANDY, husband and wife ( "Brandt "), and GREGORY D. PETERSON and CAROL ANN PETERSON, husband and wife ( "Peterson ") (Brandt and Peterson together herein called "Owners "), t WITNESSETH, THAT: WHEREAS, Victorsen and Edina did enter into a Scenic 4 Easement dated February 23, 1979 (the "Scenic Easement "), which Scenic Easement was filed in the office of the Hennepin County Registrar of Titles on October 2, 1979, as Document No. 1350354, and which Scenic Easement covers portions of Lots 11, 12, 13 and 14, Block 1, The Timbers, according to the recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, subsequent to the filing of said Scenic Ease- ment, Victorsen and Edina noted that the Scenic Easement did not contain a specific description of the "Easement Area" giving access to the "Scenic Area" described in the "Scenic Easement; and � WHEREAS, Victorsen has sold, by Contract for Deed dated 19. C , Lot 13, Block 1, The Timbers, to John C. Brandt; and Patty A. Brandt. WHEREAS, Victorsen has sold, by Contract for Deed dated 19k2 , Lot 14, Block 1, The Timbers to Peterson; and WHEREAS, the parties hereto do hereby desire to amend the Scenic Easement to include a legal description for the Ease- ment Area, and to release from the Easement Area all portions of said Lots 11, 12, 13 and 14, not within the Easement Area as herein described. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. The Scenic Easement is hereby amended to include a description of the "Easement Area" at the bottom of the first page thereof as follows, to -wit: A strip of land measuring 15 feet in width, the centerline of which is the property line between Lot 13 and Lot 14, Block 1, The Timbers, and extending from the Easterly end of said pro- perty line to the Scenic Area, said strip of land being shown as a drainage and utility easement on said plat of The Timbers. 2. Edina does hereby agree that the Easement Area does not exist over any part of said Lots 11 and 12, and does not exist over any parts of said Lots 13 and 14 except as de- scribed in paragraph 1 hereof. 3. All of the terms and conditions of the Scenic Easement shall be and remain in full force and effect as hereby amended. -2- IN WITNESS WHEREOF, the parties hereto have caused this amendment to be duly executed the day and year first above written. PECK T. SANDERS NOTARY PUBLIC — MINNESOTA " DAKOTA COUNTY My Commission Expires Nov. 13, 1985 STATE OF MINNESOTA SS COUNTY OF HENNEPIN FOLKE R. VICTORSEN CO. By Its - CITY OF EDINA By J Its And Its — a GREGORY D.: PETERSON CAROL ANN PETERSON The foregoing instrument was acknowledaed.this day of j�, _ 1981, by �= f "' L �� /J f a respectively the of FOLKS R, VICTORSEN CO., a Minnesq`ta corpo- ration; on behalf of said corporation, nr�Unrv,n ✓ - .rti- •• lC1 •-1 'l r)1, (It // 4 ^�r�ry � � Y JST. %.1.c. �+^'...�� / a'lF''L, t'r ✓ /'111�j': /lF• "I L.�� Notary Publ-i"c -3- STATE OF MINNESOTA SS COUNTY OF HENNEPIN The foregoing instrument was acknowledged this day of 1981, by C - GfJ A-.-.— and respectively the and of the CITY OF EDINA, a Minnesota municipal corporatio.n, corporation. CRAI- L L S N 4 . A R NOTARY Fe ,L{ NA ' r'r;U.4TY -NotarSr/P4bl-i c- Cornmi:�.cn E 15, 1984 STATE OF MINNESOTA SS COUNTY OF HENNEPIN The foregoing instrument was acknowledged this 27 day of January - , 1981, by JOHN C. BRANDT and Patty A. BRANDT, husband and wif-e. LYN A. LEA NOTAI - * IC — MIN'tNESOTA HEN — iN COUNTY fAy commission ex'i Jan. 29, 1987 STATE OF MINNESOTA SS COUNTY OF HENNEPIN ,,ty Public The foregoing instrument was acknowledged this 2-:fl d a y of 1981, by GREGORY D.. PETERSON and CAROL ANN PETERSON, husband and wife. PEG T. SANOM Punll(;v -1 NOTARY � PUWJC VMM� ko�t ry, Is DAKOTA COU"TT THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. THIS INSTRUMENT WAS DRAFTED BY: Dorsey, Windhorst, Hannaford, Whitney & Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402 (TSE) -4- 7 _j . ... .... .o UFFICE OF THE 12EGISTRAR OF TITLES -vy. MINNESOTA HENNEPIN C OU�j FILED ON haw REGISTRAR OF fl-I LES DEPUTY By 64 AMENDMENT TO SCENIC EASEMENT THIS AMENDMENT, Made this 41' day of c 1981, by and between FOLKE R. VICTORSEN CO., a Winnesota corpora- tion ( "Victorsen "), the CITY OF EDINA, a Minnesota municipal cor- poration ( "Edina!) , JOHN C. BRANDT and Patty A. BRANDT, husband and wife ( "Brandt "), and GREGORY D. PETERSON and CAROL ANN PETERSON, husband and wife ( "Peterson ") (Brandt and Peterson together herein called "Owners "), WITNESSETH, THAT: WHEREAS, Victorsen and Edina did enter into a Scenic Easement dated February 23, 1979 (the "Scenic Easement "), which Scenic Easement was filed in the office of the Hennepin County Registrar of Titles on October 2, 1979, as Document No. 1350354, and which Scenic Easement covers portions of Lots 11, 12, 13 and 14, Block 1, The Timbers, according to the recorded plat thereof, Hennepin County, Minnesota; and WHEREAS, subsequent to the filing of said Scenic Ease- ment, Victorsen and Edina noted that the Scenic Easement did not contain a specific description of the "Easement Area" giving access to the "Scenic Area" described in the Scenic Easement; and WHEREAS, Victorsen has sold, by Contract for Deed dated 6 , 19 �0, Lot 13, Block 1, The Timbers, to John C. Brandt; and Patty A. Brandt. WHEREAS, Victorsen has sold, by Contract for Deed dated 945�', Ila , 190 , Lot 14, Block 1, The Timbers to Peterson; and WHEREAS, the parties hereto do hereby desire to amend the Scenic Easement to include a legal description for the Ease- ment Area, and to release from the Easement Area all portions of said Lots 11, 12, 13 and 14, not within the Easement Area as herein described. NOW, THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. The Scenic Easement is hereby amended to include a description of the "Easement Area" at the bottom of the first page thereof as follows, to -wit: A strip of land measuring 15 feet in width, the centerline of which is the property line between Lot 13 and Lot 14, Block 1, The Timbers, and extending from the Easterly end of said pro- perty line to the Scenic Area, said strip of land being shown as a drainage and utility easement on said plat of The Timbers. 2. Edina does hereby agree that the Easement Area does not exist over any part of said Lots 11 and 12, and does not exist over any parts of said Lots 13 and 14 except as de- scribed in paragraph 1 hereof. 3. All of the terms and conditions of the Scenic Easement shall be and remain in full force and effect as hereby amended. -2- IN WITNESS WHEREOF, the parties hereto have caused this amendment to be duly executed the day and year first above written. C)MY PEG T. SANDERS NOTARY PUBLIC — MINNESOTA DAKOTA COUNTY Commission Expires Nov, 13, 1985 STATE OF MINNESOTA SS COUNTY OF HENNEPIN FOLKE R. VICTORSEN CO. e & f Its CITY OF EDINA By Its And Its The foregoing instrument was acknowled ed this IV_ day of /' 1981, by %��,(�� GIZC- MAP tF ,/ avid ' respectively the Is of FOLKE R. VICTORSEN CO., a MinnesgYta corpo- ration, on behalf of said corporation. 1NV/VVVVVVVN gnfl rVV`PR n.,1., qnnM♦ Z' B �j�A J 0L"4&-'CA- 0 �Lle�af') Notary Pub My C..r'r is :ten E • 3 F,,r,l 30, 1986 r r vwN Vim' �N� � vv °:-wwv � dwvwvvwv -3- .y STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged this day of 1981, by It . Chi and 6, respectively the��;� and of the CITY OF EDINA, a Minnesota municipal corporation corporation. CRAIG L. LARSEN to NOTARY PUBLIC - MINNESOTA FlGidiJE ^IfJ COUidTY 4f. ar •.: My Ccmmissicn Expires Sept. 15, 1984 STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged this 27 day of January , 1981, by JOHN C. BRANDT and Patty A. BRANDT, husband and wife. LYN A. LEA NOT," ' IC — MINNESOTA HEN IN COUNTY My commission ex'ires Jan, 29, 1957 �._ .... .. .. � ..,- .,rte.. STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument day 1981, by GREGORY PETERSON, husband and wife. PEG T. •111 s r TJ NOTARY /IAM DAOTA any Comn�UMNIlNArMw1�� -. WatVy Public was acknowledged this ,,2^J D. PETERSON and CAROL ANN otar Publc;v THIS INSTRUMENT IS EXEMPT FROM STATE DEED TAX. THIS INSTRUMENT WAS DRAFTED BY: Dorsey, Windhorst, Hannaford, Whitney & Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402 (TSE) -4- 1414669 REGISTEFtM� . ........... PASL Co OFFICE OF THE REGISTRAR OF TITLES ESOTAt HENNEPIN COUNTY. MINN CERTIFIED FILED ON FEB 101981 / IQY" REGISTRAR OF TITLES DEPUTY BY T -7) A Ina