The URL can be used to link to this page

Home My WebLink About2016-03-24 Declaration of Drainage & Utility Easement DECLARATION OF DRAINAGE AND UTILITY EASEMENT THIS DECLARATION OF EASEMENT is made this ,2 day of March, 2016, by Minnwest Bank, formerly known as Minnwest Bank MV, a Minnesota banking corporation (hereinafter "Declarant"). WHEREAS, Declarant is the owner of the tract of land in the City of Oak Park Heights, County of Washington, State of Minnesota, legally described as follows: Lot 2, Block 1, Oak Park Station; WHEREAS, the Declarant has submitted for approval the plat of SWANSONVILLE, which is situated within Lot 2,Block 1, Oak Park Station and legally described as follows: Beginning at the eastern most corner of said Lot 2; thence North 54 degrees 53 minutes 35 seconds West on a northeasterly line of said Lot 2, assumed bearing, 183.47 feet to the easterly right of way line of Morning Dove Avenue; thence North 67 degrees 38 minutes 30 seconds West on the southerly line of said Morning Dove Avenue,60.00 feet;thence 119.79 feet westerly and southerly on a non-tangential curve, concave to the east, having a radius of 55.00 feet, a central angle of 124 degrees 47 minutes 36 seconds, a chord bearing of South 16 degrees 54 minutes 21 seconds West and a chord distance of 97.48 feet; thence South 37 degrees 21 minutes 18 seconds West, 255.24 feet; thence South 54 degrees 53 minutes 35 seconds East, 207.60 feet to the most southeasterly line of said Lot 2; thence North 37 degrees 21 minutes 18 seconds East along said most southeasterly line, 317.06 feet to an additional southeasterly line of said Lot 2; thence North 37 degrees 04 minutes 41 seconds East on said additional southeasterly line, 44.09 feet to the point of beginning; WHEREAS, Declarant desires to grant and dedicate to the City of Oak Park Heights for public use forever an easement 15 feet in width for drainage and utility purposes only, over that portion of Lot 2, Block 1, Oak Park Station legally described below, which will adjoin on the west the westerly property line of SWANSONVILLE. {0935131,1} Page 1 of 2 NOW THEREFORE, said Declarant hereby declares and grants to the City of Oak Park Heights for public use forever the following Easement: A 15.00 foot easement for drainage and utility purposes only, over, under and across all that part of Lot 2, Block 1, Oak Park Station, according to the recorded plat thereof, Washington County, Minnesota, described as follows: Commencing at the southeast corner of Lot 1, Block 1, said Oak Park Station; thence North 54 degrees 53 minutes 35 seconds West, assumed bearing, on the southwesterly line of said Lot 1, a distance of 183.47 feet to the southwest corner of said Lot 1;thence South 49 degrees 57 minutes 42 seconds West, 109.50 feet to the point of beginning; thence South 37 degrees 21 minutes 18 seconds West, 255.24 feet; thence North 54 degrees 53 minutes 35 seconds West, 15.01 feet; thence North 37 degrees 21 minutes 18 seconds East, 259.92; thence southeasterly 15.60 feet on a tangential curve concave to the northeast having a 55.00 foot radius, a central angle of 16 degrees 15 minutes 12 seconds, and a 15.55 foot chord that bears South 37 degrees 21 minutes 51 seconds East to the point of beginning. The southeasterly line of said easement is to be contiguous with the northwesterly line of Lot 1, Block 1,of the proposed plat of SWANSONVILLE. IN WITNESS WHEREOF, Declarant has executed this Declaration of Easement on the day and year first above written. Minnwest Bank By' Douglas Karsky Its President STATE OF MINNESOTA ) ) ss. COUNTY OFisltti ) The foregoing instrument was acknowledged before me this ..` day of March, 2016 by Douglas Karsky, the President of Minnwest Bank, formerly known as Minnwest Bank MV, a Minnesota banking corporation, on behalf of the banking corporation. Notary Public This instrument was drafted by: Thomas R. Haugrud,Esq. «R-Alle wlaysAr+M"�'*1"ws�"'.a°^"+r Leonard, O'Brien, Spencer, Gale& Sayre, Ltd. KELLI ANN SORENSON 100 South Fifth Street, Suite 2500Notary Public-Minnesota Minneapolis, MN 55402 ` My CammissiaraExpires Jan 31,2017 tixns1311.i Page 2 of 2 LEONARD, O'BRIEN SPENCER, GALE & SAYRE Brian F.Leonard Eldon J.Spencer,Jr.+ Michaele T.Joliat� T.Joliet Michael R.O'Brien Paul M.Shapiro Edward W.Gale+t Attorneys at Law ap Grover C.Sayre,1110+ A Professional Association Erika M.Peterson YJenny(Chi)Zhang Thomas W.Newcome 111* Thomas R.Haugrud' Thomas W.Newcome Peter M.Rosene£ 100 South Fifth Street (1923-2011) Joseph J.Deuhs,Jr. Suite 2500 - Also admitted in Arizona Thomas C.Atmore+* Minneapolis,Minnesota 55402-1234 w Also admitted in California Ernest F.Peakef Telephone(612)332-1030 u Also admitted in Illinois Matthew R.Burtono Fax(612)332-2740 0 Also admitted in Iowa James M.Jorissen+ § Also admitted in Montana Peter J.Sajevic,III ± Also admitted in North Dakota Pamela H.Nissen + Also admitted in Wisconsin Scott S.Pa an[oo Internet: www.losgs.com Board Certified Civil Trial Specialist YZ (Minnesota State Har Association) Stacey L.Drentlaw§+ t Board Certified Civil Trial Specialist Jordan W.Sayre (National Board of Trial Advocacy) Patrick J.Lindmark March 25,2016 * Certified Real Property Law Specialist (Minnesota State Bar Association) £ Fellow,American College of Employee Benefit Counsel Mr. Mark Vierling Via UPS Next Day Air and E-mail Eckberg Lammers 1809 Northwestern Avenue Stillwater, MN 55082 RE: Minnwest Bank(Seller)and All Things Are Possible PR, LLC (Purchaser) Portion of Lot 2,Block 1, Oak Park Station, Washington County,Minnesota Our File No. 290000 - 70618 Dear Mr. Vierling: As discussed this morning, I received today the original Declaration of Drainage and Utility Easement executed by Minnwest Bank. The original is enclosed herewith. Thank you. Very truly yours, LEONARD, O'BRIEN SPENCER, GALE& SAYRE, LTD. By Thomas R. Haugrud Attorney at Law Email: thaugrud@losgs.com Enclosure cc: Ernest L. Swanson, Sr. (w/enclosure) (via email)