HomeMy WebLinkAbout1990-11-13 Utilities & Storm Water Drainage Easements/Improvements MUNICIPAL UTILITIES AND STORM WATER DRAINAGE
EASFMENTS/IMPROVEMENTS
THIS INDENTURE, made this /3 day of AVdve.1.u‘¢2 ,
1990, by and between EARL W. LUDOWESE and EDNA M. LUDOWESE,
husband and wife, parties of the first part; and the CITY OF OAK
PARK HEIGHTS, Washington County, Minnesota, party of the second
part.
WITNESSETH:
WHEREAS, the above-named parties of the first part are
the owners in fee simple of the real estate hereinafter
described.
That for and in consideration of the sum of One Dollar
($1. 00) and other good and valuable consideration, the receipt of
which is hereby acknowledged, the parties of the first part have
this day bargained and sold, and by these presents do bargain,
sell and transfer unto the City of Oak Park Heights, its
successors and assigns the following:
A perpetual easement for municipal water, sanitary
sewer, public utilities and storm water drainage purposes with
the right to enter upon the real estate hereinafter described at
any time that the City of Oak Park Heights and/or the public
utilities may see fit, and construct, maintain and repair any
lines, equipment, materials, or other items of the municipal
utilities, storm water drainage area, for the purpose of
maintaining, repairing or replacing the said storm water drainage
area over, across, through and under the lands hereinafter
described, together with the right to excavate and refill ditches
and/or trenches for the location of said municipal utilities,
public utilities and storm water drainage area, and the further
right to remove trees, bushes, undergrowth, and other
obstructions interfering in the location, construction and
maintenance of said municipal utilities and storm water drainage
area.
That said temporary and perpetual easements for
municipal utilities and storm water drainage purposes is
described as follows, to-wit:
The West 40. 01 feet of the following described property:
That part of the SW-1/4 of Section 4, Township 29,
Range 20.
Beginning at a point in the west line of said
SW-1/4 166.7 feet South of the Northwest corner of
said SW-1/4; thence south along said west line a
distance of 188 feet; thence east parallel with the
north line of the Southwest Quarter (SW-1/4) a
distance of 231.7 feet; thence north parallel with
the said west line a distance of 188 feet; thence
west a distance of 231.7 feet to the point of
beginning.
TO HAVE AND TO HOLD, said perpetual easement and right-
of-way unto the City of Oak Park Heights, Washington County,
Minnesota, (as to the municipal utilities) and to the public
utilities service providers, its successors and assigns, forever.
That parties of the first part do hereby covenant with
the City of Oak Park Heights that they are lawfully seized and
possessed of the real estate above described.
It is understood and agreed that the party of thq second
part will restore said lands to as good or better a condition as
it was prior to the time of any excavation for municipal
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utilities and storm water drainage purposes or any other purpose,
and that party of the second part will restore any fencing that
it is necessary to remove or becomes damaged during the process
of any excavation.
It is further understood and agreed that party of the
second part will forthwith seed or resod all areas, where
necessary, on said lands from which it is necessary to remove or
damage the sod thereon, during the process of any excavation.
It is further understood and agreed that party of the
second part will replace all driveways and sidewalks which it is
necessary to remove or damage during the process of any
excavation.
The City of Oak Park Heights hereby agrees that parties
of the first part shall not have any development of the subject
property impaired by reason of the existence of this easement
granted to the City of Oak Park Heights. All setbacks shall be
measured from property lines not from the easement line, and any
permitted use of the property that would otherwise be' allowed on
the property will not be disallowed as a result of the existence
of this easement.
IN WITNESS WHEREOF, the said parties have caused this
instrument to be executed the day and year first above written.
IN PRESENCE OF: PARTIES OF THE F »• T :
P /
Byi I A / /_L
Earl W. Ludowese
BY '77
Edna M. Ludowe e
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STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON )
On this 13th day of November , 1990, before me,
a Notary Public, within and for said County and State, personally
appeared Earl W. Ludowese and Edna M. Ludowese, husband and wife,
to me known to be the persons described in and �exe kuted the
foregoing instrument and acknowledged that ey exec _ =d the same
as their free act and deed.
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Yotary Public
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IN PRESENCE OF: PARTY OF SECOND PART:
CITY OF OAK PARK HE ;,_ TS
By84LAALALA.AL-
. 0'
Barbara O'Neal
Acting Mayor
LaVonne Wilson
Its Clerk
STAT OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this 16th day of November , 1990, before
me a Notary Public, in and for said County and State appeared
Barbara O'Neal and LaVonne Wilson, to me personally known, who
being by me first duly sworn, did say that they are respectively
the Acting Mayor and Clerk of the City of Oak Park Heights, by
authority of the. City Council of the City of Oak Park Heights,
and said Mayor and Clerk acknowledge said instrument to be the
free act and deed of said City of Oak Park Heights.
411P
N9) aryGa?'Ublic
THIS INSTRUMENT DRAFTED BY:
Mark J. Vierling AAMLNOUR
Attorney I.D. #112823 Igri
WWWWMONOCUMM
ECKBERG, LAMMERS, BRIGGS, WOLFF -.„)s MoDim issimiloWst•174d
& VIERLING
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
8-25-44
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