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HomeMy WebLinkAbout2575CHESTNUT & BROOKS PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 900 MIDLAND BANK BUILDING MINNEAPOLIS, MINNESOTA 55401 (612) 339 -7300 485 RICE STREET SAINT PAUL, MINNESOTA 55103 (612) 291 -1900 February 9, 1982 Mr. Fran Hoffman City of Edina 4801 West 50th Street Edina, MN 55424 RE: Arnold Easement Dear Mr. Hoffman; JACK L. CHESTNUT RICHARD C. JONES (1969) WILLIAM F. BROOKS, JR. THOMAS H. GRAHAM JAMES H. RANUM CRAIG A. ERICKSON W. BRUCE QUACKENBUSH, JR. KARL L. CAMBRONNE KEVIN S. BURKE THOMAS F. MILLER DENNIS B. JOHNSON WAYNE P. HARTMAN CORT C. HOLTEN MICHAEL T. OBERLE OF COUNSEL JOSEPH T. BURKARD SANDRA L. NEREN Enclosed please find one original copy of the agreement between Michael Halley and Scott Arnold, and the easement that was given by Scott Arnold to the City of Edina. If you have any questions with respect to these documents, please contact me. DBJ /ka Very truly yours, CH TNUT & BRC 6own enclosure LX 1� S e . op n t,J'l l t ..f lc C. tA-* C cI�— w�. ( J UALVA I i �Vcc� M AGREEMENT WHEREAS, Michael Halley, as General Partner of Oak Ridge of Edina, a partnership, hereinafter referred to as "Oak Ridge" is developing a tract of land lying behind and adjacent to the property owned by Scott Arnold and Bonnie Arnold, his wife; and WHEREAS, in order to develop said tract of land, it is necessary to run a sanitary sewer underneath the property owned by Scott Arnold and Bonnie Arnold, his wife, said property being located at 5136 Danens Drive, Edina, Hennepin County, Minnesota and legally described as: Lot 22, Block 1, Brookview Heights 1st Addition; and; WHEREAS, it is necessary that Scott Arnold and Bonnie Arnold grant an Easement for Sanitary Sewer to the City of Edina, a municipal corporation organized under the laws of the State of Minnesota (see Exhibit A attached hereto); THEREFORE, IT IS AGREED: 1. That Scott Arnold and Bonnie Arnold, his wife, shall Grant, Bargain, Sell, Convey and Warrant to the City of Edina an easement in perpetuity for sanitary sewer purposes in and over the following described property situated in the County of Hennepin and State of Minnesota, to -wit: The Southeasterly six feet lying adjacent to and parallel with the Southeasterly lot-line of Lot 22, Block 1, Brookview Heights 1st Addition. 2. That in consideration for the Easement granted to the City of Edina, Oak Ridge, shall pay to Scott Arnold and Bonnie Arnold, his wife, the sum of $4,000.00 (FOUR THOUSAND AND NO /100 DOLLARS) plus interest at the rate of 12% per annum from December 1, 1981. 3. That when Oak Ridge or the City of-ld.ina has the sanitary sewer system installed, it will utilize the method whereby a tunnel is drilled underneath the subject property as opposed to the open trench method. 4. That Oak Ridge will assume responsibility for a period of three years from the date of the easement for any damage to sod, shrubs, and trees which results from the construction of the sanitary sewer system. Dated: , cptt Arno !1 Bonnie Arnold Michael A. Halley, General Part of Oak Ridge of Edina, a Partn EASEMENT FOR SANITARY SEWER THIS INSTRUMENT, made this day of , 1982, by and betwee Scott Arnold and Bonnie Arnold, his wife, of the County of Hennepin and State of Minnesota, parties 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 parties of the first part, in consideration of One and No /100 Dollars ($1.00), to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do Grant, Bargain, Sell, Convey and Warrant to said party of the second part an Easement in perpetuity for sanitary sewer purposes, including the right to enter for the purpose of constructing, maintaining, altering, repairing and reconstructing a sanitary sewer system in and over the followi _c described property situate in the County of Hennepin and State of Minnesota, to wit: The Southeasterly six feet lying adjacent to and parallel with the Southeasterly lot line of Lot 22, Block 1, Brookview Heights 1st Addition. It is the intention and agreement of the Parties hereto that the party of the second part shall in the construction, or maintenance of said sanitary sewer replace any shrubs or sod removed by any excavation in connection with such construc- :ion or maintenance work, in as nearly as possible the same condition as before such excavation. IN WITNESS WHEREOF, the said parties of the first part have hereunto set --heir hands and seals the day and year first above written. AND :. - .. STATE OF MINNESOTA) ) ss " OUNTY OF HENNEPIN) On this day of , 1982, before me, a Notary Public within and for said County, personally appeare Scott Arnold and Bonnie Arnold, his wife, to me known to be the persons described in and who executed the foregoing ins rument, and acknowledged that they executed the same as their kee act and de 4. l� D E N N i S 8- JC i NOTARYpt3£3'�tc iAity " ?ESOTA 4"-J� 1W L 1z,' -, HENNEPtN COUNTY Not is (Notarial Seal My Comm Expires May 6, 1987 W, vv THIS DOCUMENT IS EXCEPT FROM'STATE DEED TAX This instrument was drafted by: City of Edina 4801 West 50th Street Edina, MN 55424 EXHIBIT A