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Home My WebLink About2015-12-31 WC Recorded Document 4053177 - Utility Easement Receipt:#310658 4053177 EAS $46.00 Exempt from Tax d III 1111 I1 I I III 1111111 II 1111 Return to: Certified Filed and/or recorded on: E-SIMPLIFILE 4844 North 300 West 12/31/2015 11:44 AM Suite 202 4053177 Provo UT 84604 Office of the County Recorder Washington County,Minnesota Jennifer We genius,County Recorder Kevin Corbid,Auditor Treasurer Fitt's 1.1 \-4u.„7"-- oN, '6JA NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned,being duly qualified and acting as City Administrator for the City of Oak Park Heights,Minnesota DO HEREBY CERTIFY that the attached document: City of Oak Park Heights Washington County,Minnesota Permanent Drainage& Utility Easement Lot 2, Block 1, Oak Park Station made and entered into the 28th day of December,2015,by and between the City of Oak Park Heights and Minnwest Bank (Lot Owner),has been placed on file at the offices of the City of Oak Park Heights,and that the same is a full, true and complete original of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Par. H: • , this 30th day of December,2015. ric Jo ' son, City Administrator PERMANENT DRAINAGE AND UTILITY EASEMENT This Drainage and Utility Easement (this "Agreement") is made and entered into this Z p day of December, 2015 by and between Minnwest Bank, a Minnesota banking corporation (the "Lot Owner") and the City of Oak Park Heights, a Minnesota municipal corporation(the "City"). RECITALS: A. The Lot Owner warrants to the City that Lot Owner owns currently holds marketable fee title to the land legally described as Lot 2, Block 1, OAK PARK STATION, City of Oak Park Heights, Washington County, Minnesota(the "Property"). B. The Lot Owner is completing an administrative lot split of the Property into two (2) separate parcels, Parcel A and Parcel B, as set forth and legally described in the attached Exhibit A and depicted therein (the "Lot Split") and, as a condition to a approving the Lot Split and the proposed development on Parcel A, the parties have determined that there needs to be a dedication of a permanent drainage and utility easement that will be located on Parcel A as set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing Recitals that are fully incorporated into this Agreement, and for other good and valuable consideration, the parties hereby agree as follows: 1. Grant of Permanent Easement. Lot Owner owns the Property in fee simple and hereby grant and dedicates unto the City a permanent easement over and across those portions of the Property as legally described in the attached Exhibit B-1, and depicted in the attached Exhibit B- 2 (the "Easement Areas"). The Easement Areas shall be for drainage and utility purposes. The grant of the foregoing Easement includes the right of the City, its contractors and agents, to enter upon the Property at reasonable times , to construct, reconstruct, inspect, repair, replace and maintain pipes, conduits, drainage systems and mains; and further the right to remove trees, brush, undergrowth and any other obstructions necessary thereto. After completion of such construction, maintenance, repair or removal, the City shall restore the Property to a level rough grade and establish turf absent landscaping elements, trees, shrubs and other surface improvements, if any. The property owner shall be responsible for , any further private improvements, landscaping or other elements. The City shall not be responsible to repair, maintain or replace any private elements placed within the City's easement. 2. Miscellaneous. a. If any provision of this Agreement is held invalid, the validity of the remainder of the Agreement shall not be affected thereby. b. No provision contained in this Agreement shall be deemed to have been abrogated or waived by any reason of any failure to enforce the same. c. The terms and conditions contained in this Agreement shall run with the • land and be binding upon the owners of the Property or any lot located within the boundaries of the Property,their heirs, successors and assigns. d. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. e. The headings of sections of this Agreement are for convenience of reference only and do not form a part hereof and in no way interpret or construe such paragraphs. 3. Counterpart. This Agreement may be executed in several counterparts, each of which shall be deemed an original. The signatures to this Agreement may be executed and notarized on separate pages, and when attached to this Agreement shall constitute one complete document. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [Signature Page to Drainage and Utility Easement] IN WITNESS WHEREOF,the undersigned have placed their hands the date and year first above written. LOT OWNER: MINNWEST BANK,a Minnesota banking corporation By: 1t / J2 Name: 1QN$ (c s /4 Ka✓ tt� Title: '2-1 Q/(5 STATE OF MINNESOTA ) ) ss COUNTY OF ZeAWu_yd ) This instrument was acknowledged before me on b, , 2015, by \p6O.vskA( , the 1 ' ç,DrccicUAt of Minnwest Bank, a Minnegota banking corporation, for an on behalf of the corporation, the party described in this Agreement as the Lot Owner. KELLI ANN SORENSON • Notary Public—Minnesota Notary Public C�•~';%' My,Commission Expires Jan.31,2017 [Signature Page to Partial Vacation of Drainage and Utility Easement and Relocation of Easement] IN WITNESS WHEREOF,the undersigned have placed their hands the date and year first above written. THE CITY: CITY OF OAK PARK HEIGHTS ) ill — 1 y i4 /J / Name: ,� � ' Witness Title: Mayor And by: By: Na e: 1" /LL'I#WSOA/ Witness Title: G f`y nori//ti//SP,.la-- STATE OF MINNESOTA ) ) ss COUNTY OF ',,,',St l l VI T fl) y� The foregoing instrument was acknowledged before this 2=f4day of Dee, 2015, by kA(,v'tj Jk,kceCiRLc(and ( ..V1t 301(1 (S CO , the Oa, �,1r and c i-� t A I S 1I,� f c respectively of the City of Oak Park Heights, a Minnesota municipal'corporation, on behalf of the municipal corporation. `, i - jjNo\t\gry Public THIS INSTRUMENT WAS PREPARED BY: JENNIFER M.PINSKI GERSTEIN-TIMM PLLC(BGT) ` ,, - r NOTARY PUBLIC•MINNESOTA • . My Commission Expires Jan.31,2017 100 Prairie Center Drive, Suite 210 Eden Prairie,MN 55344 EXHIBIT A LEGAL DESCRIPTION OF ADMINISTRATIVE LOT SPLIT-AND DEPICTION ATTACHED PARCEL A: The Southwesterly 386.52 feet of Lot 2,Block 1,Oak Park Station,according to the recorded plat thereof, Washington County,Minnesota. Parcel B: Lot 2,Block 1, Oak Park Station, according to the recorded plat thereof,Washington County, Minnesota. EXCEPTING THEREFROM the Southwesterly 386.52 feet of said Lot 2. EXHIBIT B-1 LEGAL DESCRIPTION OF NEW LOCATION OF DRAINAGE A Drainage and Utility Easement over, under and across the Northeasterly 5.00 feet of the Southwesterly 386.52 feet of Lot 2, Block 1, OAK PARK STATION, according to the recorded plat thereof, Washington County, Minnesota and the Southeasterly 10.00 feet of the Southwesterly 386.52 feet of said Lot 2, Block 1, lying northeasterly of the northeasterly line of the existing drainage and utility easement as dedicated on said OAK PARK STATION. 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