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N C.0 7 FACFMFMT THIS INDENTURE, Made this day of , 1980, between LAUKKA & ASSOCIATES, INC., a Minnesota corpo- ration, party of the first part [ "Laukka "], and CITY OF EDINA, a municipal corporation under the laws of the State of Minnesota, party of the second part [ "City "], WITNESSETH: That City, in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, does hereby Grant, Bargain, Quitclaim and Convey unto Laukka, its successors and assigns, a non- exclusive easement on the terms and conditions 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 the following described land: Outlot A, Dewey Hill Third Addition, according to the plat thereof on file or of record in the uff.ce of the Registrar of Titles, Hennepin County, Minne- sota; Outlot C, Dewey Hill Second Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles, Hennepin County, Minne- sota, except that part of said Outlot C embraced within said Dewey Hill Third Addition; and Tract E, Registered Land Survey No. 1431, files of the Registrar of Titles, Hennepin County, Minne- sota, except that part of said Tract E embraced within said Dewey Hill Third Addition; Lying southeasterly of the following described line: Beginning at the southwest corner of said Outlot A, Dewey Hill Third Addition; thence northeasterly to a point on the north line of said Outlot A, distant 120.00 feet easterly from the northwest corner of said Outlot A; thence northeasterly to the north- westerly corner of Outlot B, said Dewey Hill Third Addition, and there terminating [hereinafter called the "Easement Area "]. The purpose of this easement is to grant to Laukka, and its successors and assigns, the following rights [the "Ease- ment Rights "] on the following terms and conditions: (i) to dredge and maintain the pond partially on the Easement Area and partially on property to the South thereof (the "Laukka Pond "), (ii) to maintain and repair the weir now constructed and located on the Easement Area, and (iii) to develop and maintain a path- way upon the Easement Area for use by present and future owners and occupants of all or any part of the property in the plat of Dewey Hill Third Addition, according to the recorded plat thereof, Hennepin County, Minnesota, and other members of the public. li u ac uorupiish the foiegoing, Laukka and City, for themselves and their respective successors and assigns, do hereby covenant and agree as follows: 1. No building or structure of any kind shall be erected, placed or stored, permanently or temporarily, on any part of the Easement Area by Laukka, its successors or assigns, except for said weir, and no topographic changes or alteration of the Easement Area by excavation, filling, dumping, or by any other means, shall be done by Laukka, its successors or assigns. 2. Nu pian-Lb, Ji1rubs ur sud ("'Landscaping") shall be placed upon the Easement Area by Laukka, its successors or assigns, unless, and only as, first approved in writing by City. 3. The pathway shall be developed only in a loca- tion and of materials, and pursuant to plans, first approved in writing by City. 4. The Easement Area, including the pond, the landscaping and said pathway, shall be maintained at all times by Laukka, its successors and assigns, in a neat and clean condition and in full compliance with all applicable ordinances of City now or hereafter enacted. 5. The said weir shall not be relocated or replaced without, in each instance, the prior written approval of City. 6. That this easement shall not and does not grant to Laukka or any other person or persons any rights or interest -2- in the pond partially on the Easement Area and partially on property to the North thereof (the "City Pond ") and connected to the Laukka Pond by the weir referred to at (ii) above, and none of the Easement Rights shall be exercised or exercisable on the City Pond. 7. Laukka shall have sole responsibility and the sole obligation for the water level of the Laukka Pond, and for the control and removal of aquatic vegetation and growth on and in the Laukka Pond and City shall have no duty or re- sponsiblity for such water level or such control or removal of aquatic vegetation and growth. 8. Laukka, and its successors and assigns, (i) shall hold City, its officers, officials, employees and agents, harmless from and indemnified against any loss, cost, damage and expense, including attorneys' fees, due to any claim of any kind whatsoever arising out of or claimed to arise out of the entry by Laukka, its successors and assigns, upon the Easement Area to exercise or perform any one or more of the Easement Rights, and (ii) shall promptly repair and replace, without cost to City, all damage and injury done to the Ease- ment Area or to any landscaping or structures, including, without exception, said weir, now or hereafter located on the Easement Area. 9. 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, City may prosecure any proceedings at law or in equity against the person, firm or corporation violating or breachinq, 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, City, in the event of such violation or breach, without notice, may, at its option, undertake to perform the term, covenant or condition so vio- lated or breached, and the cost incurred, including attorneys' -3- fees, with interest at the highest rate then allowed by law, shall be payable on demand by Laukka, its successors and as- signs, and the then owners of Lots 1 and 2, Block 1, and Outlots C and D, of said plat of Dewey Hill Third Addition, and, in ad- dition. to other remedies then available for collection of such cost and interest, the party of the second part may charge such cost and interest against all or any of said Lots 1 and 2, Block 1, and Outlots C and D, of said plat of Dewey Hill Third Addition, in the same manner as special assessments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against said property payable in the year following the year such costs and interest are so charged, and if not paid, said property may be sold and conveyed in the same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 10. The terms, covenants and conditions hereof shall run with the land and shall be binding on and inure to the benefit of City and Laukka, and their respective suc- ces,ors and assigns, and all future owners of all or any part of said Lots 1 and 2, Block 1, and Outlots C and D, said plat of Dewey Hill Third Addition. 11. This easement shall not operate to grant Laukka, its successors and assigns, or future owners of all or any part of said Lots 1 and 2, Block 1, and Outlots C and D, said plat of Dewey Hill Third Addition, the right to use the Easement Area as a private park or any similar use, and the City and members of the public shall have full right to use the Easement Area for any and all uses not inconsistent with the Easement Rights hereby granted. 12. The Easement Rights hereby granted and this ease- ment grant, may be amended, modified or released at any time and from time to time by the City and by the owner of Outlot D, said plat of Dewey Hill Third Addition, without the con- sent or joinder of any other party, and specifically, with- out limitation, without the consent or joinder of any owners -4- or encumbrancers of said Lots 1 and 2, Block 1, and Outlot C, said plat of Dewey Hill Third Addition. TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in any- wise 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 parties hereto have caused this instrument to be duly executed the day and year first above written. TRANSFER ENTERED DEPARTMENT OF PROPERTY TAXATION DEC `` iron HEN NEPt1Y COUNTY, MINN. BY DEPUTY STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) CITY OF EDINA its uierK LAUKKA & ASSOCIATES, INC. BY C� Its--— And Its The foregoin instrument was acknowledged before me this `day of Qe2 {RrAnyi , 1980, by James Van Valkenburg and Florence Hallberg, respectively the Mayor and Clerk of the CITY OF EDINA, a Minnesota municipal corporation, on behalf of said municipal corporation. CRAIG L. LARSEN NOTARY PUBLIC • Mji' NESGTA taY P 1 HENNEPIN COU ^2TY My Commission Expires Sept. 15, 1994 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) 1` The fore oing nstrument was acknowledge b fore me this day of JZm� 1980, by LAl/�P.c%� acrd -_ respectively the e.'Z ' 'e,v of LAUKKA & ASSOCIATES, INC., a Minnesota cor- poration, on behalf of said Corp tion. «; GORDA M. OLSEN N ary Public iA.l �! NOTARY PUBLIC - MINNESOTA TY '1`� ' nnr cDAKOTAxCOUNTY Aug, s, uses THIS INSTRUMENT WAS DRAFTED BY: Dorsey, Windhorst, Hannaford, Whitney & Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402 m 1409'700 z 1-5 7 REGISTERED 6'' nbE �4 LLU1.2 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIE FILED ON DEC 311980 REGISTRAR OF TITLES pSPU13