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Home My WebLink About2002-06-04 Fully Executed Public Walkway & Bike Path Easement and AgreementReturn to: Eckberg Law Firm Attn: Mark J. Vierling 1835 Northwestern Avenue Stillwater, MN 55082 PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT ..,�� THIS INDENTURE, of DENTURE, made this day o , 2002, by and between NET LEASE DEVELOPMENT LLC, a Limited Liability Company under the laws of the State of Delaware, party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part. W ITNE S S ETH : WHEREAS, the above -named party of the first part is the owner in fee simple of the real estate hereinafter described, a description for which is annexed to this document as Exhibit A. That for and in consideration of the sum of One and 00 /100 Dollars ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the party of the first part has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A perpetual easement for public walkway, bike path, and pedestrian crossing purposes with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain, repair and replace any lines, equipment, materials, or other items for public walkway, for the purpose of maintaining, repairing or replacing the public walkway 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 public walkway, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public walkway. That said perpetual public walkway easement located in the County of Washington, State of Minnesota, is described as follows, to -wit: See attached Exhibit B (2 sheets). TO HAVE AND TO HOLD, said perpetual easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. The party of the first part does hereby covenant with the City of Oak Park Heights, that it is lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTY OF THE FIRST PART: NET LEASE DEVELOPMENT LLC STATE OF MINNESOTA COUNTY OF HENNEPIN ) ss. By: On this 1 -04...) day of , 2002, before me, a Notary Public, within and for said County and State, appeared 4g..,, a1/4„4„,- , to me personally known, who, being duly sworn by me did say that he is the V\. of NET LEASE DEVELOPMENTA Limited Liability Company, named in the foregoing instrument, and that said instrument was signed on behalf of NET LEASE DEVELOPMENT LLC, by authority of its Board of Directors and said Q..% csk.c.agL acknowledged said instrument to be the free act and deed of said limited liability company. Notary Public v KATHLEEN M. MARTIN NOTARY PUBLIC-MINNESOTA My Commission Expires Jam 11. 2065 N PRESENCE OF: STATE OF MINNESOTA ) COUNTY OF WASHINGTON) On this c day of , 2002, before me, a Notary Public, in and for said County and State, appeared David Beaudet and Kimberly Kamper, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Acting Administrator of the City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights, and said Mayor and Acting Administrator acknowledge said instrument to be the free act and deed of said City of Oak Park Heights. SS. JULIE R. JOHNSON NOTARY PUBLIC — MINNESOTA WASHINGTON COUNTY My Comm. Expires Jan. 31, 2005 •weewwwwwwwvvvvvvvvrAwfv. THIS INSTRUMENT DRAFTED BY: Mark 1 Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 PARTY OF THE SECOND PART: By: Kimberly Kamper Its Acting City Administrator LOiti, Not Public Davi . -.udet Its Mayor ht EXHIBIT A LEGAL DESCRIPTION (36 & OSGOOD, OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA) LOTS 11, 12, 13, 14, 15, 16, 17, 18 19, AND 20 ALL IN BLOCK 0, MCMILLAN AND COOLEY'S ADDITION TO STILLWATER ACCORDING TO THE PLAT THEREOF ON FILE OR OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA, TOGETHER WITH THE VACATED PART OF WALLACE STREET IMMEDIATELY ADJOINING AND ABUTTING LOTS 11, 12, 13, 14 AND 15, BLOCK 7 OF SAID ADDITION. EXCEPT THAT PART OF VACATED VVALLACE STREET LYING EASTERLY OF THE EAST LINE OF FOURTH STREET (NOW KNOWN AS OSGOOD AVENUE NORTH) AND SOUTHWESTERLY OF A LINE BEGINNING AT THE INTERSECTION OF THE EAST LINE OF FOURTH STREET (NOW KNOWN AS OSGOOD AVENUE NORTH) AND THE NORTH LINE OF VACATED WALLACE STREET; THENCE RUN SOUTHEASTERLY TO A POINT ON THE SOUTH LINE OF SAID VACATED WALLACE STREET 160.2 FEET EASTERLY OF ITS INTERSECTION WITH THE EAST LINE OF FOURTH STREET (NOW KNOWN AS OSGOOD AVENUE NORTH) BEING THE NORTHWEST CORNER OF LOT 11, BLOCK 7, MCMILLAN AND COOLEY'S ADDITION TO STILLWATER. AND ALSO EXCEPT THOSE PARTS OF LOTS 15 AND 16, BLOCK 6, MCMILLAN & COOLEY'S ADDITION TO STILLWATER, WHICH LIE WESTERLY OF "LINE A ". ALSO EXCEPT THAT PART OF VACATED WALLACE STREET WHICH LIES NORTHERLY OF THE NORTHERLY LINE OF THE HIGHWAY RIGHT OF WAY PARCEL AS DESCRIBED IN BOOK 318 OF DEEDS, PAGE 92, ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA AND WHICH ALSO LIES WESTERLY OF "LINE A ". SAID "LINE A" IS DESCRIBED AS FOLLOWS: "LINE A" BEGINS AT A POINT ON THE SOUTH LINE OF THE NORTH 12.00 FEET OF THE SOUTH 30.00 FEET OF SAID VACATED EUGENE STREET WHICH ACCURED TO SAID LOT 15, BLOCK 6, SAID POINT BEING 3.00 FEET EASTERLY OF A NORTHERLY EXTENTION OF THE WEST LINE OF SAID LOT 15; THENCE SOUTHERLY ON A STRAIGHT LINE TO A POINT ON THE SOUTH LINE OF LOT 16 OF SAID BLOCK 6, SAID POINT IS 12.00 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 15, BLOCK 6 AS MEASURED ALONG THE SOUTH LINE THEREOF; THENCE CONTINUING SOUTHERLY ON AN EXTENSION OF THE LAST COURSE TO THE INTERSECTION WITH THE NORTHERLY LINE OF THE HIGHWAY RIGHT OF WAY PARCEL AS DESCRIBED IN BOOK 318 OF DEEDS, PAGE 92, ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA AND SAID "LINE A" THERE TERMINATING. ABSTRACT PROPERTY 59543 .Doc EXHIBIT "B" PROPOSED EXHIBIT SHEETIOF2 MICHAEL E. CANNO License. No. 40035 ■ 1 0 5 C R. OF LOT 16, 6LK. 6 ,' Dote 1 t•� s s •ti ♦ r" r� te r � r'� r•• ..a.. F+ i f l ..1.• 1til 1.• ' f Ht ■• F• l VACATED PER BK.15, t-SC, PACE 7 r N'LY EXTENTION OF THE W. LIt OF WT 15, 131.E. 6 — "LINE A" . I hereby certify that this survey, pion or report was prepared by me or under my drect supervision and that l am o duly ilcensed Land Surveyor under the lows or the State or Mnnesota. i xr N.: FT. OF T 5. 30 3.40 .---5. LINE aF FT OF VACATED EEJGENE ST.. 5 o 1 s sr 5 -23-02 i • (.c::P2OP0SE 5.00 WIPE • TPA1L. EASEMENT ♦ (� , w ♦ , 1 ♦ v 1.7 • JOB //: 5D01025 ♦ t a l -50 ► t .. 111! 1 1 f i I► 1 h• '� � VACATED PER BK -15, tlSC, PAGE 715 063-cRZED 8.‹. 3 18 1 40 Th)r 17.1 P AWNNC NAME: EXHIBIT NORTH LANDFORM M1NNEAPOL1S•PHOEN 510 First AW nua hkxih, Butler North B , 9, Sure 650 Minneapolis. MN 554034610 Poor. 612.252.9070 Fax 612.252 -9077 4647 North 32nd SSreel, Park Place Bailor. Suite 125 Pilot. c, AZ 65018 Phone 502452.9154 Fax 602.952.9155 PROPOSED EASTY1FNT EXHIBIT SHEET 2 OF 2 PROPOSED TRAIL EASEMENT A 5.00 WIDE EASEMENT FOR TRAIL PURPOSES OVER AND ACROSS THOSE PORTIONS OF LOTS 15 AND 16, BLOCK 6, MCMILLAN AND COOLEY'S ADDITION TO STILLWATER, WASHINGTON COUNTY, MINNESOTA, THE SOUTH EIGHTEEN FEET OF VACATED EUGENE STREET AND THAT PART OF VACATED WALLACE STREET LYING NORTH OF THE NORTHERLY RIGHT OF WAY LINE FOR STATE HIGHWAY NO. 36. SAID EASEMENT. LIES EASTERLY AND COINCIDENT WITH THE FOLLOWING DESCRIBED "LINE A ": "LINE A" BEGINS AT A POINT ON THE SOUTH LINE OF THE NORTH 12.00 FEET OF THE SOUTH 30.00 FEET OF SAID VACATED EUGENE STREET WHICH ACCRUED TO SAID LOT 15, BLOCK 6, SAID POINT BEING 3.00 FEET EASTERLY OF A NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 15; THENCE SOUTHERLY ON A STRAIGHT LINE TO A POINT ON THE SOUTH LINE OF LOT 16 OF SAID BLOCK 6, SAID POINT 15 1 2.00 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 16, BLOCK 6 AS MEASURED ALONG THE SOUTH LINE THEREOF; THENCE CONTINUING SOUTHERLY ON AN EXTENSION OF THE LAST COURSE TO THE INTERSECTION WITH THE NORTHERLY LINE OF THE HIGHWAY RIGHT OF WAY PARCEL AS DESCRIBED IN BOOK 318 OF DEEDS, PAGE 92, ON' FILE AND OF RECORD IN' THE OFFICE OF THE COUNTY RECORDER, WASHINGTON COUNTY, MINNESOTA AND SAID "LINE A" THERE TERMINATING. JOB #: OkAWINC NAME: 5001025 EXHIBIT LANDFORM M 1 NNE AP ❑L .* S• PHO-EN i X 510 Fiat Meru. MM. 4547 Noah 32n4 5tr i, Buries Nvrtri Buli.g. $ ■ 650 Pad: Race 61uking. SI.. 125 tdinxugp0l1s, M14 55403 -1640 per¢ . Z 508 154 Phone 612.232 -9070 Fax 612.252-0077 Far 502. 952.9155