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HomeMy WebLinkAbout2116filed in Registrar of Titles office, Hennepin County, Minnesota, on November 16, 1970, as Document No. 982601 2� SCENIC AND OPEN SPACE EASEh1ENT GRANT • �� THIS INDENTURE, made this day of , 1970, William J. Sime and Winona S. Sime, his wife; P C H CO., a partnership con - betweenu�ihVESTMFNT'ffMPAPY. d Minnesota cnr,2r� inn, Fran R. i Cardarelle and Ernest 0. Hartwick, parties of the first part, and VILLAGE OF EDINA, a municipal corporation r 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 (! Dollar ($1.00) and other good and valuable consideration, receipt of which ` J �5 i" is hereby acknowledged, do hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, Forever, a Scenic and Open Space Easement on the terms hereinafter specified over 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 Outlot C, Walnut Ridge Third Addition, accord - ing to the recorded plat thereof, Hennepin County, Minnesota, lying East of a line described as follows: Commencing at the point of intersection of the North line of said Outlot C and a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C; thence Southerly along a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C to the point of intersection of said parallel line with the Northerly line, extended Westerly, of West 60th Street as shown on the plat of Walnut Ridge and Vlalnut Ridge First Addition; thence Southwesterly to the point of intersection of the Southerly line, extended Westerly, of said West 60th Street with a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C; thence Southerly along a line drawn parallel with and 80 feet Westerly of the East line of said Outlot C to the Southerly line of said Outlot C and there terminating, (herein- after called the "Easement Area "). The purpose of this Scenic and Open Space Easement is to assure that the above described Easement Area shall at all times remain as open space and constitute scenic surroundings. To accomplish such purpose, parties of the first part, for themselves and their respective heirs, successors and assigns, do hereby covenant and agree as follows: 1. No building`or structure of any kind shall be erected or placed on any part of the Easement Area. 2. The'Easement Area shall at all times be left in a wild, natural and undeveloped condition and state. t A 3. Subject to the provisions of paragraph 2 hereof, .the Easement Area shall be used, occupied and enjoyed at all times by parties of the first part, their heirs, successors and assigns, in full compliance at all times with all applicable ordinances of Edina now or hereafter enacted. 4. If there shall be a violation or breach, or an attempt to violate or breach, any of the terms, covenants or conditions of this easement grant, the party of the second part may prosecute any proceedings at law or in equity against the person, firm or corporation violating or breaching, or attempting to violate or breach, any such term, covenant or condition, to either prevent such violation or breach or to recover damages for such violation or breach. Also, party of the second part, in the event of such violation or breach, without notice, may, at its option, undertake to perform the term, covenant or condition so violated or breached, and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law, shall be payable on demand by the then owners of said . Outlot C, and, in addition to other remedies then available for collection of such cost and interest, the party of the second part may charge such jcost and interest against said Outlot C in the same manner as special assess - imeats (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against said Outlot C payable in the year i following the year such costs and interest are so charged, and if not paid, t said Outlot C may be sold and conveyed in the same'manner as lands forfeited • for nonpayment of real estate taxes are sold and conveyed. 5. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners of said outlot C, and shall inure to the benefit of party.of the second part, its successors and assigns. This Scenic and Open Space Easement shall not operate to grant the party of the second part the right to use the above described property as a park or any similar use, and the party of the second part and members -2- of the public shall not acquire any right to make any improvements upon i or to make any physical use of the above described tract. This easement hereby granted may be amended, modified or released at any time and from time to time by the Village Council of Edina. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. This instrument is exempt from State Deed Tax. IN TESTIMONY WHEREOF, the said parties of the first part have caused these presents to be executed the day and year first above written. I Pr send of: Winona S. Sime P�H CO- a nartnarchin F by R.H.P. INVESTMENT by y H. Peterson President — Partner Partner Frank R: Cardar Ile fJ STATE OF XXX)ESOXA) b rl /� partner t C - /C C L< i de61. ;�n.U) SS. rnest . Hartwick COUNTY 0 k On this %* day of Gljfe %lljEQ, 1970, before me, a Notary c'ub'ic within and for said County, personally appeared William J. CimP Winona S. Sire, and a and his wife , to 1a known to be the persons described in and who executed the foregoing ffattwMnt and a c knowl ed ged that they executed ed the sam e as their frea act as! tawt. � � l Wary Public County, Florida yy commission expires 19_ NOTAC7 FBI, V, SPATE GF FWIJA AT LANE 91 COMMILSIGN EXPIREZ AUG. 7, 2.973 BONDED Ir J FRED W. DItS1LLRO1iSF s • —3— I • i. STATE OF MINNESOTA) ' ) SS. COUNTY OF HENNEPIN) On this day of 1970, before me, a Notary Public within and for said County, personally appeared and to me personally known, who, being each by me duly sworn did say that they are respectively the and the of , the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. This Dorsey, MsrSuar!, Y1i.._.. ., \': •= u 2100 le! C.�, r, ' Minneapolis, Nonnasota 55402 STATE OF MINNESOTA SS. COUNTY OF HENNEPIN On this 6th day of November 1970, before me, a Notary Public within and for said County, personally appeared Roy H. Peterson to me personally known, who being by me duly sworn did say that he is•the President of R. H. P. INVESTMENT COMPANY, one of the partners of P C H CO., a partnership, the corpora - tion named in the foregoing instrument, and that the seal affixed to said instru- ment is the corporate seal of said R. H. P. INVESTMENT COMPANY, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Roy H. Peterson acknowledged said instrument to be the free act and deed of said corporation and the free act and deed of said partnership. Glenn G. Nybeck Notary Public, Hennepin County, Minn. My commission expires Dec. 3, 1972. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this 6th day of November 1970, before me, a Notary Public within and for said County, personally appeared Frank R. Cardarelle and Ernest 0. Hari.wick, two of the partners of P C H CO., a partnership, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the sari as their free act and deed and the free act and deed of said partnership. Glenn G. Nybeck Notary Public, Hennepin County, Minn. My commission expires Dec. 3, 1972. —4—