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HomeMy WebLinkAbout2259i O e rl 4645439 EASEMENT FOR RETAINING WALL Y THIS INSTRUMENT, Made this 19th day of May , 198 -, by and between Metro Consultants, Inc. a Minnesota corporation, party 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 party of the first part. in consideration of One and No/100 Dollars ($1.00), to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does Grant, Bargain, Sell, Convey and Warrant to said party of the second part an Ease- ment in perpetuity for retaining wall purposes, including the right to enter for the purpose of constructing, main- taining, altering, repairing and reconstructing a retaining wall on, in, over and across the following described property situate in the County of Hennepin and State of Minnesota, to -wit: That part of the West 3.00 feet of Lot 1, Block 1, Edina Regency, lying North of a line perpendicular to the West line of said. Lot 1 at a point 23.86 feet South of the Northwest corner of said Lot 1, all accor- ding to the recorded plat thereof, Hennepin County, Minnesota. It is the intention and agreement of the parties hereto that the party of the second part shall replace any shrubs or sod removed by any excavation done in connection with the construction or maintenance of said retaining wall, to as nearly as possible the same condition as before such excavation. IN TESTIMONY WHEREOF, the said first party has caused these presents to be executed in its corporate name by its President ft-n-d ate the day and year first above written. tro Consultants, Inc. NO SEAL B,�7�t'� [CORPORATE SEAL] t President And Its t STATE OF MINNESOTA } SS COUNTY OF HENNEPIN ) On this 19thday of May , 1981, before me, a Notary Public, within and for said County, personally appeared John C. Brandt and I to me personally known, w o, being each by me duly sworn, did say that they are respectively the President and of the corporation named in the foregoing instrument a td --z4iamt tT c- L-RRal aft xe d to Sal: nc1 Y71TTlP]]t x(35 signed and sealed in behalf of said corporation by authority of Metro Consultants, Inc. and acknowledged said instrument to be the free act and deed of said corporation. LYN A. LEA tIOTARY UCLIC — MINNESOTA HEN;,![rIN COUNTY MV cr.."Mission expires Jon. 29, 1987 (Notarial Seal) THIS DOCUMENT IS EXEMPT FROM DEED TAX This instrument was drafted by: Dorsey, Windhorst, Hannaford, Whitney & Halladay 2300 First National Bank Building Minneapolis, Minnesota 55402 CONSENT AND SUBORDINATION The undersigned, being the holder of a mortgage on the property described in the Easement for Retaining Wall to which this Consent and Subordination is attached, which mort- gage is dated July 24 , 19 80 , and recorded as Document No. 603200 , in the office of the Registrar of Titles , Hennepin County, Minnesota, does hereby agree and consent to all of the terms and conditions of the Easement for Retaining Wall to which this Consent and Subordination is attached, and agrees, for itself and its successors and assigns, that the lien of said mortgage and the rights of the holder of said mortgage are subordinate and inferior to the rights of the City of Edina as set out in said Easement for Retaining Wall. PETRIE DEVELOPMENT CORPORATION By ,Its President ` And Its STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing Consent and Subordination was acknowl- edged befo f e this �2 dandof Yh y 19�, by respectively, of _ V d a Pre.s;detit on eha f of said corporation. LYN A. LEA f_ n z NOTARY .US[IC- �rINNESOTA NO a Public NENP:E ?IN COUNTY My commission expires Jon. 29, 1987 CONSENT AND SUBORDINATION The undersigned, being the holder of a mortgage on the property described in the Easement for Retaining Wall to which this Consent and Subordination is attached, which mort- gage is dated July 24 19 80, and recorded as Document No. 603200 in the office of the Registrar of Titles , Hennepin Countv, Minnesota, does hereby agree and consent to all of the terms and conditions of the Easement for Retaining Wall to which this Consent and Subordination is attached, and agrees, for itself and its successors and assigns, that the lien of said mortgage and the rights of the holder of said mortgage are subordinate and inferior to the rights of the City of Edina as set out in said Easement for Retaining Wall. STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) edged respec a 1) 1(- F_ NAUGLE -LECK INC. By I s Vice President And Its The foregoing Consent and Subordination was acknowl- efore me this ,,fo day of 191L, by 00 / and , ES/ Jl_= 4 - , on LYN A. LEA NOTARY , 0_�LIC —MINNESOTA HENN&rIN COUNTY MY commission exN pires Jon. 29, 1987 alt of said corporation. N Public CONSENT AND SUBORDINATION The undersigned, being the holder of a mortgage on the property described in the Easement for Retaining Wall to which this Consent and Subordination is attached, which mort- gage is dated _ .July 24 , 19 80 , and recorded as Document No. 603200 in the office of the Registrar of Titles , Hennepin County, Minnesota, does hereby agree and consent to all of the terms and conditions of the Easement for Retaining Wall to which this Consent and Subordination is attached, and agrees, for itself and its successors and assigns, that the lien of said mortgage and the rights of the holder of said mortgage are subordinate and inferior to the rights of the City of Edina as set out in said Easement for Retaining Wall. 0 Realty Development Services, Inc. And Its STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing Consent and Subordination was acknowl- edged before me this 19th day of May 19 81 , by _ Richard C. Bienapfl and , respectively, of _ Realty Development Services, Inc. a President on behalf of said corporation. N o-t arrl Public 4//V /n Ps a CONSENT AND SUBORDINATION The undersigned, being the holder of a mortgage on the property described in the Easement for Retaining Wall to which this Consent and Subordination is attached, which mort- gage is dated July 24 19 80 , and recorded as Document No, 603200 in the office of the.'- Registrar of Titles , Hennepin County, Minnesota, does hereby agree and consent to all of the terms and conditions of the Easement for Retaining Wall to which this Consent and Subordination is attached, and agrees, for itself and its successors and assigns, that the lien of said mortgage and the rights of the holder of said mortgage are subordinate and inferior to the rights of the City of Edina as set out in said Easement for Retaining Wall. RAINBrOW bEVFtC By Its President And Its STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) PMEINT' COMPANY The foregoing Consent and Subordination was acknowl- edged before me this ,jo day of 19 Y/, by G / c/5,US and rerRslac tively of pct - V'�.p M T off( I , a 17r , on behalf of said corporation. My comn LYN A� LEA M NOTARY PUBLIC — MINNESOTA HENNEr'JN COUNTY fission expirc, Jan. 29, 1987 Notar P blic 4645439 W Ict-31 5 4 3 9 s 000.0028 NO FEE REQUIRED 1981 MAY 26 AN 10: 06 4645439 %,Pui r No del!nc��-111 �3%1,ls r.1 -,�rsfer .-n-tered 7t, -AXAT'ON MAY