HomeMy WebLinkAbout2018-01-29 WC Recorded Document #4143468 - Easement Agreement Receipt:#387569 4143468
AGR
$46.00
Re urn to ILE II MI
1111
I I II II
4844 North 300 West
Suite 202 Certified Filed and/or recorded on:
Provo UT 84604 1/29/2018 3:36 PM
4143468
Office of the County Recorder
Washington County,Minnesota
Jennifer We genius,County Recorder
RETURN TO: PUBLIC STREET,DRAINAGE AND UTILITY
Mark J.Vierling EASEMENT AND AGREEMENT
Eckberg Lammers,P.C.
1809 Northwestern Avenue
Stillwater,MN 55082
PUBLIC STREET, DRAINAGE AND UTILITY
EASEMENT AND AGREEMENT
THIS INDENTURE, made this 4day of t ft Lt.& , 2018, by and
between the City of Oak Park Heights, hereinafter the Grantor; and Creative Home Construction
Investments,LLC,hereinafter the Grantee.
WITNESSETH:
WHEREAS, the above-named Grantor is the owner in fee simple of the real estate
described as follows:
That part of the Southwest Quarter of the Northwest Quarter (SW 'A of NW ''A) of Section 4,
Township 29 N, Range 20 W, described as follows: Beginning at a point on the West line
thereof 153 feet South of the Northwest corner; thence East parallel with the North line
485.52 feet more or less to intersect the West line of Tract A of Registered Land Survey No.
70; thence South along said West line of said Registered Land Survey 100 feet; thence West
parallel with the North line of said Southwest Quarter of the Northwest Quarter (SW%4 of NW
'A) to the West line thereof; thence North along the West line 100 feet to the beginning.
That for and in consideration of the sum of One Dollar and other good and valuable
consideration, the receipt of which is hereby acknowledged, the Grantor has this day bargained and
sold, and by these presents does bargain, sell and transfer unto the Grantee its successors and
assigns the following:
A non-perpetual easement for public street, drainage and utility purposes with the
right to enter upon the real estate hereinafter described at any time that it may see fit, and construct,
maintain and repair any ponds, lines, equipment,materials, or other items for street,public drainage
and utility purposes, for the purpose of maintaining, repairing or replacing the said public street,
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ponds, drainage and utilities 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
ponds,drainage and utilities,and the further right to remove trees,bushes,undergrowth,and other
obstructions interfering in the location,construction and maintenance of said public street,drainage
and utilities.
That said public street drainage and utility easement located in the County of
Washington,State of Minnesota,is described as follows,to-wit:
A 66.00 foot wide perpetual easement for public roadway,municipal water,sanitary sewer,and
storm sewer purposes to construct,operate,maintain and repair same over and across the
following:
That part of the Southwest Quarter of the Northwest Quarter(SW%4 of NW%4)of Section 4,
Township 29 N,Range 20 W,described as follows: Beginning at a point on the West line
thereof 153 feet South of the Northwest corner;thence East parallel with the North line
485.52 feet more or less to intersect the West line of Tract A of Registered Land Survey No.
70;thence South along said West line of said Registered Land Survey 100 feet;thence West
parallel with the North line of said Southwest Quarter of the Northwest Quarter(SW%4 of NW
A)to the West line thereof;thence North along the West line 100 feet to the beginning.
The centerline of said perpetual easement is described as commencing at the northwest corner
of said Southwest Quarter of the Northwest Quarter;thence on an assumed bearing of South 01
degrees 52 minutes 14 seconds East along the west line of said Northwest Quarter a distance of
219.99 feet to the point of beginning of the line to be described;thence North 89 degrees 36
minutes 06 seconds East 39.24 feet;thence northeasterly 1 57.16 feet along a tangential curve
concave to the northwest having a central angle of 26 degrees 25 minutes 09 seconds and a
radius of 340.82 feet;thence North 63 degrees 10 minutes 57 seconds East tangent to last
described curve a distance of 67. 31 feet;thence northeasterly 59.95 feet along a tangential
curve concave to the southeast having a central angle of 6 degrees 00 minutes 00 seconds and
a radius of 572.43 feet;thence easterly 221.72 feet along a compound curve,having a central
angle of 40 degrees 00 minutes 00 seconds and a radius of 317.59 feet and said line there
terminating.
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TOGETHER WITH
A 50.00 foot wide perpetual easement for public roadway, municipal water, sanitary sewer, and
storm sewer purposes to construct, operate, maintain and repair same over and across the
hereinbefore described property:
The centerline of said perpetual easement is described as commencing at the southwest corner
of the hereinbefore described property; thence on an assumed bearing of South 89 degrees 35
minutes 02 seconds East along the south line of the hereinbefore described property a distance
of 251 .06 feet to the POINT OF BEGINNING of centerline to be described; thence northwesterly
22.47 feet along a non-tangential curve concave to the southwest having a radius of 1 50.00
feet, a central angle of 8 degrees 34 minutes 56 seconds, and a chord bearing of North 21
degrees 44 minutes 06 seconds West; thence North 26 degrees 01 minutes 34 seconds West a
distance of 38.00 feet and said centerline there terminating.
TO HAVE AND TO HOLD, said perpetual non-exclusive easement and right-of-
way unto the Grantee, its successors and assigns, forever subject however to this easement
terminating upon the Grantor adopting a Right of way Plat inclusive of the areas which are the
subject of this easement.
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r t
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: Grantor: City of Oak Park Heights
a(/,g By /.' ' ' ',A_�'�-{--`—�'
'Its or
1 ),4b"i' By //
dministrator
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this9M t h day of`ja.L (A (`i; , 2018, before me, a Notary Public,
in and for said County and State, appeared Mary Mcber and Eric Johnson, to mersonall
1� Y
known, who being by me first duly sworn, did say that they are respectively the Mayor and
Administrator of the City of Oak Park Heights, who executed the foregoing document by
authority of the City Council of the City of Oak Park Heights, and said Mayor . . Administrator
acknowledge said instrument to be the free act and deed of said City of'6 Park - ts.
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,;.. My Commission Expires Jan 31,2022
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