The URL can be used to link to this page

Home My WebLink About1997-06-09 Fence Easement Agreement AGREEMENT WHEREAS, the Port of Sunnyside Club, Inc. (the "Club") has an easement over the South 100 feet of Tract I described in Exhibit A attached hereto and made a part hereof; and WHEREAS, the Sunnyside Condominiums on the St. Croix, Inc. (the "Condo") is the statutory association for the Sunnyside Condominiums on the St. Croix and is the fee owner of the land subject to the Club's Easement; and WHEREAS, the parties have agreed on the construction of a screening fence and to store materials such as blocking and cribbing, etc. behind the fence so as to be screened from the view of the Condominium Building; NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. The Club will construct an 8' screening fence approximately 75' in length parallel with the fence separating the Sewage Plant property from the Condo property per the attached drawing. 2. The fence shall be constructed with treated lumber and shall be completed within sixty (60) days of the date hereof. 3. The fence shall be the property of the Club and shall be maintained by the Club. 4. This agreement shall satisfy the Condo's objections to the issuance of a permit for the construction of the restroom facility on the property owned by the Club. 5. This agreement shall commence upon execution and shall terminate five (5) years after execution, unless earlier terminated by written mutual agreement of the parties or amended by mutual written agreement of the parties. 6. This agreement does not affect any easement rights or any prescriptive rights of the Club. Dated: to ) , 1997. PORT OF SUNNYSIDE CLUB, INC. By Its Apr SUNNYSIDE CONDOMINIUMS ON T..E ST. CROIX, INC., B4.1111141P: Y Its j)_, INDENTURE • THIS INDENTURE, made thisTf day of J �'�177 t k' , 1971, by and between Port of Sunnyside, Inc., a/Minnesota corporation, First Party, and The 158 Club, a Minnesota non- profit corporation, Second Party, WITNESSETH THAT • WHEREAS, First Party is the owner of the following described property located in Washington County, Minnesota, and hereinafter sometimes referred to as Tract I, to-wit: That part of Government Lot 4, Section 34, Town 30 N. Range 20 W, Washington County, Minnesota and Lot 1, Block 1, HERSEY STAPLES & CO'S ADD. TO STILLWATER lying East of Chicago, St. Paul, Mpls. & Omaha Railway and Westerly of a line described as follows: Com- mencing at an iron on the South line of said Lot 4 and the East line of said railway; thence East .(an assumed bearing) along the South line of said Lot 4, 553.87 feet to an iron; thence N 31° 54'28" W, 859.76 feet to an iron; thence N 27°40'31" W, 230 feet to an iron; thence N 63°56'16" W, 109.90 feet to an iron; thence N 29°16'06" W, 360 feet to an iron; thence N 34°44'57" W, 96 feet to an iron; thence Northwesterly along a tangential curve to the left, radius of 175.58 feet, central angle of 58°50' for 180.29 feet to an iron; thence S 86°25'03" W to the West line of said railway and there terminating; together with the Sonth 100 feet of said Government Lot 4 lying East of aforedescribed line; ex- cepting all that part of Lot 4, Section 34, Town 30, Range 20 described as follows: to-wit: Beginning at an iron pipe monument set at the intersection of the North line thereof with the Easterly right-of-way line of the Chicago, St. Paul & Omaha Railway Company, and running thence Southeasterly by a deflection angle of 15°53' from said North line, 143 feet to an iron pipe monument; thence Southeasterly by a deflection angle of 54°46' to the right 110 feet to an iron pipe monument; thence Westerly by a deflection angle of 103°35' , 119.3 feet to an iron pipe monument set on said Easterly right-of-way line of said railroad; thence Northwesterly along said right-of-way line 165 feet to the point of beginning; subject to easements. All that part of Lots 1 to 8, inclusive, Block 4, Elfelt's Addition to Oak Park, lying East of said railway right-of-way. and; WHEREAS, Second Party has purchased from First Party of even date herewith and is..-the owner of the following described property located in Washington County, Minnesota, and herein- after sometimes referred to as Tract II, to-wit: All that part of Government Lot 3, Section 34, Town 30 N, Range 20 W, Washington County, Minnesota lying South of the extension of the North line of Lot 5, Block 1, HERSEY STAPLES & CC'S ADD. TO STILLWATER produced Eastwardly and East of said Addition; together with that part of Government Lot 4, Section 34, Town 30 N, Range 20 W. Washington County, Minnesota and Lot 1, Block 1, HERSEY STAPLES & CO'S ADD. TO STILLWATER lying Easterly of a line • 'i• ( ,r4 : 1,11. ,; '' • ,""‘,.� • described as follows: Commencing at an iron on the South line of . said Lot 4 and the Easterly right-of-way line of the Chicago, St. Paul, Mpls. and Omaha Railway; thence East (an assumed bearing) along the South line of said Lot 4, 553.87 feet to an iron; thence N 31°54'28" W, 859.76 feet to an iron; thence N 27°40'31" W, 230 feet to an iron; thence N 63°56'16" W, 109.90 feet to an iron; thence N 29°16'06" W, 360 feet to an iron; thence N 34644. 57LL w, • 96 feet to an iron, thence Northwesterly along a tangential curve to the left, radius of 175.58 feet, central angle of 58°50' for 180.29 feet to an iron; thence S 86°25'03" W to the Easterly right-of-way line of said railway, thence Northerly along the Easterly right-of-way line of said railway to-the,point of inter- section with the South line of Lot 2, Block 1, hERSEY STAPLES & CO'S ADD. TO STILLWATER, and there terminating; except the South • 100 feet of said Government Lot 4; subject to easeiifents. and; • WHEREAS, the parties hereto are desirous of affording certain access and utilities to Tract II owned by Second Party across Tract I owned by First Party as hereinafter described and desirous that Tracts I and II and the use thereof by the parties hereto, their successors and assigns, be subject to the covenants and agreements hereinafter con- tained; NOW, THEREFORE, 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, paid by Second Party to First Party, and further in consideration of the • mutual covenances and agreements herein contained, the parties hereto hereby agree to and do as follows: A. First Party does hereby convey and quit claim unto Second Party, its successors and assigns, upon and across the aforesaid Tract I, the following: 1. A perpetual right-of-way 675 feet in length, more or less, and 30 feet in width for access from the westerly line of Tract I so located as to include the roadway now existing across the northernmost and north- easterlymost part of Tract I, with the centerline of said right-of-way lying generally at all points 30 feet southerly and westerly from the northerly and easterly line of Tract I; provided however, that it is understood and agreed that at such time, if ever, as there shall be -2- • n• f dedicated a public street or First Party or its succes- sQrs or assigns establish and construct a hard surfaced roadway of essentially equal width, curvature , contour and grade as the roadway now existing across the northern- most part of Tract I to Tract II , either such public street or roadway providing substantially equivalent access to Tract II as is hereby provided, the aforesaid right-of- way and easement shall terminate and Second Party, its successors and assigns shall and will execute such docu- ments of release as will terminate of record the right- of-way easement herein granted. First Party is not and shall not be required to improve or maintain the hereinbefore described right-of- way as a roadway, except that if First Party or its assigns develop and improve Tract I for a mobile home court or multiple dwellings , or other purposes , First Party agrees to pay that part of the cost of maintenance of said road- way lying upon Tract I which is the same ratio to the total cost of maintenance of that part of said roadway lying upon Tract I as the average annual vehicle count across said roadway to Tract I bears to the total annual vehicle count across said roadway to Tracts I and II , j with tractor-trailers and other non-passenger vehicles being counted as multiple units , by axle ratio, or such part of the maintenance costs as the parties may other- wise %I agree in writing. Subject to the terms of the right-of-way and easement hereinbefore stated, Second Party shall have the right to improve said right-of-way for road purposes , and have the right to install under- .ground utilities within said right-of-way if not practi- -3- • 1 • cal for installation elsewhere and to the extent same can be installed without interference with improvements upon Tract I. 2. An easement for the continuation, improvement and maintenance of utility lines and pipes connected as of the date hereof across Tract I to the improvements located upon Tract II, provided however, that if improve- ments are constructed upon Tract I, said utilities shall be moved and the easement therefor relocated from time to time by First Party so as not to interfere with improvements constructed or to be constructed upon Tract I, and provided further that Second Party shall pay all costs of the continuation, improvement and maintenance of said utilities except that First Party shall pay the costs of movement or relocation incurred at the instance of First Party. 3. If Second Party hereafter acquires in fee, by lease, or by any other device whatsoever, the land and shoreline lying immediately to the south of the southerly 100 foot part of Tract I lying south of Tract II, First Party hereby grants to Second Party a 40 foot wide right-of-way across said southerly 100 foot part of Tract I, with the easterly line of said right-of-way to be fixed by the parties on a straight line as near as practicable to the St. Croix River on the same general elevation as the southernmost part of Tract II. -4- 4. For so long as the boat ramp, barges and rail- road tracks at the south end of Tract II or any part thereof, or of the existing roadways thereto, are located easterly of or upon any part of the southerly 100 foot portion of Tract I, lying south of Tract II, an easement for access to said ramp, barges and railroad tracks, and including an easement for the placement of said ramp, barges and railroad tracks, and the roadway thereto upon Tract II as and where located as of the date hereof. Said easement shall include the right of storage of boats upon said railroad tracks now existing during non-boating seasons and the right of placem,44/a2y time during the boating season of not more than oneAtime for the purpose of boat maintenance and service. Said easement shall be across only that 100 foot portion of Tract I lying south of Tract II. Second Party agrees that persons residing upon Tract I shall have the right, without charge, to the use of the aforesaid boat ramp for the launching of boats, provided that no commercial use of such right or parking of vehicles upon Tract II by such persons shall be per- mitted. B. First Party and Second Party agree that the aforesaid Tract I and Tract II, and their respective use thereof shall be and hereby are subject to the covenant, restriction and agree- ment that all equipment, trash, junk and other possibly offen- sive personal property, shall be stored upon or removed from each said Tract to the extent reasonably and practically pos- sible so as to maintain each said Tract and its appearance in- offensive to the view from and use of the other said Tract. IT IS FURTHER UNDERSTOOD AND AGREED that the rights-of-way, . easements and rights hereby granted are subject to any and all prior easements and restrictions of record affecting Tract I. All rights and obligations by this indenture granted and prescribed -5- . I 6 ._........Zf. _. ya._....�:.1.. ._ :....i.:. .-...�_....._..r_...- -.:r1I+.W7..... a.ddSiau,}.r.'rfaCl ll_l:.ura..-...i•.a::...-.».:.ti...:'41s rnt.[u.r9:.r:.r:.�:.4-.:......ri.:::e �.nY....a..rrrr wr.:_...a.✓.....Y«.r.. .. -•........._ _.r.-..._....-.._ 00 binding upon and shall be to the benefit of the respective �, �k (..i,us , their successors and assigns , IN WITNESS WHEREOF , the said parties hereto have executed ; t i, ( o instrument the day and year first above written . - AZ/''? ,.- . C . .}, By.';',------7-K 7/ ... ,----...._ 1 11., Present osorporate seal ) - s A i I� Yt ��ttt�:3 ` •: By k/e. lr '�� - I Secretary :k / /117 FIRST PARTY is _. ...• �' • r.. ::' __ 58 ,tBir f i.. 61,4) 74 (no corporate seal ) Its President ., ' 'A :tn s s : / By G .. i 4 / AA/A-tr.-el �� r:' Its Secretary '�. i j I M1 , i • ,;, , SECOND PARTY This instrument was dgted by :lame James W . Brehl .• 'Address 332 Hamm Bldg . , St . Paul , Minn . State Deed Tax Due $ 2 . 20 . ' STATE OF MINNESOTA ) :',1 ) SS ,•Jai k. . COUNTY OF Ramsey ) .h • fir;, 15th November On this day of , 1971 , before Iv me ,me , a Notary Public within and for said County , personally appeared Henri G. Foussard and Joseph A . Maun ,;, to me personally known , who , being each by me duly sworn did------ ' � � -4ay that they are respectively the President and the Secretary • , ')f PORT OF SUNNYSIDE , INC . one of the corporations named herein ; '.' ':hat the seal affixed to said instrument is the corporate seal '4f said corporation , and that said instrument was signed and ':r,aled in behalf of said corporation by authority of its Board ', r Directors and said Henri G. Foussard _ and ', J'>>oph A . Maun acknowledged said instrument to be :'ra ' he free act and deed of said corporation . it!'it,. . /''''' ' / . .-_ r> ZAPP Z/—"Vt"-- —._ . ''' • o . ry Pub l c =•3, .a .f� •11:. 'i, 'a.: • • • ';r e Y - • • • • • STATE OF MINNESOTA ) SS COUNTY OF Ramsey • On this 15th day of November , 1971 , before me , a Notary Public within and for said County , personally appeared Robert T. Olson and Edward L. Bronstien, Jr. to me personally known, who, being each by me duly sworn did say that they are respectively the President and the Secretary of THE 158 CLUB, one of the corporations named herein; that there is no seal of said corporation and that said instrument was signed in behalf of said corporation by authority of its Board of Directors and said President and Secretary acknowledged said instrument to be the free act and deed of said corporation . tart' Publicr1A , fes= µM V • • • • • • 7 -7- • 1.. 7 il�fiL I , L 1 ILIIIIIMPITI ...•. \\T.btutt C I z .r �s 11 i.L W AT e rte. -.-�, ' I I c `' • 7A Nr-01-i.y:c• ,,5r 0 7_ ~ly F S 1 i My II / 9e '�i' ..._ .i—.. �.... 1 7- _ r'.J ; RRe�+ f A.• - ._ .5_' 1 7 IfCJ , 1 ,r'4-N'J 1 til -► 'ARE 1 t0 C'.1 -mac - 0 ael6 z t� g '1 m / z x ,_ _M v 3 c L • iX i i1.4' fJ / ) 1 T * CS '-1- l ' 1 1' 0 C GI Zf,. % '1 1 + r T r; r • n ~- t o '� 3 -1N 1 , . • z l• n ?° g P1A RAJA — •t } , ; Co✓,rAI YA.0 T m -1 .-‘..E7 -..-A e;� • 0 0 ..."."../.../it • ��....._ 0 • 0 co