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HomeMy WebLinkAbout2247� � l Z Z y7 GRANT OF TEMPORARY ACCESS EASEMENT AND AGREEMENT THIS INSTRUMENT, Made this day of Tu Lll , 1984 by and between Louis J. Regan and Frances L. Regan, husband and wife, of the County of Hennepin and State of Minnesota, "Grantors" and the City of Edina, a municipal corporation organized under the laws of the State of Minnesota, "Edina ". WITNESSETH, that Grantors, in consideration of One and No /100 Dollar ($1.00), to them in hand paid, the receipt whereof is hereby acknowledged by Grantors, do hereby Convey and Quit Claim to Edina a Temporary Easement for the purpose of crossing and recrossing over and across the following described property (the "Easement Area ") with workers and equipment for the purpose of cutting, harvesting and removing aquatic vegetation from Mirror Lake: That part of the East 100 feet of Lot 34, Auditor's Subdivision No. 325 lying north of Blake Road, Hennepin County, Minnesota. Said Temporary Easement is granted subject to the following conditions, restrictions and agreements which Edina hereby accepts and agrees to: 1) The Temporary Easement shall cease and terminate upon the earlier of (a) that date which is ten years after the date of this Grant of Temporary Access Easement and Agreement set forth above; or (b) the date of record- ing of a deed whereby the above described property is conveyed by Grantors, their heirs or representatives; whichever first occurs. 2) Only employees and contractors of Edina and employees and agents of such contractors may enter upon the Ease- ment Area and then only for the purposes above stated. - 3) The Temporary Easement shall not grant to Edina or the public the right to use the Easement Area as a public park or for any other purpose except that for which the Temporary Easement is specifically granted as des- cribed above and members of the public shall not acquire any access to Mirror Lake or the right to make any im- provements on the Easement Area for public park or other purposes. 4) Edina hereby agrees to indemnify Grantors and their heirs and representatives against and to hold Grantors and their heirs and representatives harmless from, any and all claims, demands, losses, expenses (including reasonable attorneys fees), actions or causes of action of any kind, which may be suffered by or made or brought against Grantors and their heirs and representatives, or any one or more of them, and which arise from or in connection with or, in any manner, are related to, the use of the Easement Area by Edina its employees or contractors or the etitplo e`s or ag.ants of such con- tractors or any act or neglect occuring in connection with, during or related to such use. 5) Edina may undertake improvements to the Easement Area as are necessary to allow the use of the Easement Area by Edina for the purposes authorized by this Temporary Easement provided that Edina first secures the permission in writing from Grantors to such improvements and pro- vided further that Edina shall have constructed a barri- cade adjoining Blake Road to prevent access by the gen- eral public to the Easement Area. 6) By executing this Grant of Temporary Access Easement and Agreement, Edina represents to Grantors and their heirs and representatives that such execution has been duly authorized by all necessary action of the Edina City Council and any other required municipal officer, agency or body and that the covenants and agreements on the part of Edina herein contained are valid and binding obligations of Edina enforceable against it in accordance with its terms. -2- IN WITNESS WHEREOF, Grantors and Edina caused t' -is instrument to'be duly executed the day and year first above written. Louis J. Regan �AX -A-e -a `I . / el ,sue✓` Frances L. Regan CITY OF EDXNA By EM STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN J On this Z(Tktray of 'Jc A.D. 1984, before me, a Notary Public within and for sa'd County, personally appeared Louis J. Regan and Frances L. Regan, 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. CRAIG L. LAR EN NOTARY PUBLIC A1INNESOTA HENNEPIN COL•' "1TY Not 1 C My Comrnission Expires Sept. 15, 1984 ,N�,p{WIOIAF� STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do/�herby certify that on th i day appeared before me �' . Vti U� l ewe Ne and jVl • r-� ardSo� known to me to be the Mayor an Manager, respectively, of the CITY OF EDINA, who signed and ackndwledged the foregoing instru- ment in their official capacities as officers of said municipal corporation. Given under my hand and notarial u.Ej , 1984. / L. LA^.SEN i° NOT, ^,.IY PUBLIC • 1'A1N7;ESOTA AALL c COM. "Y •�� AfyC9 :rr.�is:i�nE•:;icesSe�rt.15.1984 al this l day of THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: Gray, Plant, Mooty, Mooty & Bennett 3400 City Center Minneapolis, Minnesota 55402 -3- TRANSFER ENTFUD DEPARTMENT Of PROPERTY TAXATION ION OCT. 17 14 H �% UNTY MINN. By EPUT'Y .. ZZy7 49349'79 4 ac 17 pM 9: 00 198