HomeMy WebLinkAbout2018-08-03 WC Recorded Document #4163434 - Amended Easement Agreement Receipt:#404603 4163434
EAS $46.00
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E-SIMPLIFILE II III III II I III I I II
4844 North 300 West
Suite 202 Certified Filed and/or recorded on:
Provo UT 84604 8/3/2018 8-.57 AM
4163434
Office of the County Recorder
Washington County,Minnesota
Jennifer Wagenius,County Recorder
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Amended Easement Agreement
DRAFTED BY/RETURN TO:
Mark J. Vierling
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
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AMENDMENT TO EASEMENT AGREEMENT
THIS IS AN AMENDMENT TO THE EASEMENT AGREEMENT being made and
entered into as of this (g th day of June, 2018, by and between CITY OF OAK PARK
HEIGHTS, a statutory city organized under the laws of Minnesota, hereinafter referred to as
"Grantor", and RADUENZ DEALERSHIP PROPERTIES, LLC, a Minnesota limited liability
company, hereinafter referred to as "Grantee". This Amendment to the Easement Agreement
amends the former Easement Agreement dated December 11, 2009 being recorded in the offices
of the Washington County Recorder on December 17, 2009 as Document # 3772058 to replace
the easement area as described therein and substitute the easement description below in its
entirety.
WITNESSETH:
For and in consideration of the sum of$1.00 and other good and valuable consideration,
receipt of which is hereby acknowledged Grantor and. Grantee agree to amend the Easement
Agreement dated December 11, 2009 being recorded in the offices of the Washington County
Recorder on December 17, 2009, as Document # 3772058 (the "2009 Easement Agreement") to
substitute the legal description for the easement area as set forth below for that which was
originally granted in the 2009 Easement Agreement. Therefore Grantor hereby grants to Grantee,
and its successors and assigns forever, a perpetual right-of-way and easement for the
installation, construction, erection, continued maintenance, alteration, operation, repair,
inspection and replacement of an underground sanitary sewer line (the "Sanitary Sewer Line")
and an underground water service line (the 'Water Service Line') (the Sanitary Sewer Line and
the Water Service Line are collectively referred to herein as the ''Service Lines"), including any
attachments or fixtures incident to its continued use, under, over, across and upon the premises of
Grantor described as follows to wit:
A STRIP OF LAND BEING TWENTY(20)FEET WIDE, TEN(10)FEET ON EACH SIDE
OF THE FOLLOWING SAID CENTERLINE, LOCATED IN LOT ONE(1),BLOCK ONE
(1)OF STILLWATER MOTORS ADDITION,ALSO
BEING A PART OF THE NORTHEAST QUARTER(NE1/4)OF SECTION SIX(6),
TOWNSHIP TWENTY-NINE(29) NORTH,RANGE TWENTY(20)WEST,CITY OF OAK
PARK HEIGHTS, WASHINGTON COUNTY,MINNESOTA AND BEING FURTHER
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 1/2"IRON PIPE LOCATING THE NORTHWEST
CORNER OF SAID LOT 1 OF STILLWATER MOTORS ADDITION; THENCE S00° 18'
20"W, 174.66 FEET ALONG THE WEST LINE OF SAID LOT 1;THENCE S63° 12' 41"E,
53.51' TO THE RIGHT-OF-WAY OF MEMORIAL AVENUE NORTH AND THE POINT
OF BEGINNING; THENCE N47° 28' 29"E, 55.49 FEET;THENCE N90° 00' 00"E, 99.89';
THENCE S51° 17' 53"E, 31.83'; THENCE S89° 46' 41"E, 31.97', MORE OR LESS, TO
THE EAST LINE OF SAID LOT 1 AND THE POINT OF TERMINATION. SAID
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PROPOSED 20-FOOT-WIDE SANITARY AND WATER EASEMENT CENTERLINE
CONTAINS 219.18 LINEAR FEET,MORE OR LESS,AND IS SUBJECT TO ANY AND
ALL EASEMENTS OR AGREEMENTS,RECORDED OR UNRECORDED. SIDELINES
OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED TO BEGIN AT THE
EAST RIGHT-OF-WAY OF MEMORIAL AVENUE NORTH AND END AT THE EAST
LINE OF SAID LOT 1.
(Attached drawing for reference is provided as Exhibit A)
Grantee releases and relinquishes any and all interest in and to the easement area originally
described as the easement area being contained within that Easement Agreement dated December
9, 2009 being recorded in the offices of the Washington County Recorder on December 17, 2009
as Document# 3772058.
The balance of the terms and conditions expressed within that Easement Agreement dated
December 11, 2009 being recorded in the offices of the Washington County Recorder on
December 17, 2009 as Document # 3772058, with the exception of the above described easement
area, shall be retained.
IN WITNESS WHEREOF, the undersigned hereunto set their hands and seal the day and
the date first above written.
GRANTO' . GRANTEE:
CIT OF 0 ••I ARK HEIGHTS RADUE DEALERS 'RO' .RTIES,LLC
B / / B B . Z t. _ // �/= - ,
Eric Jo/ son Daniel J. uenz
Its: Ci /Administrator Its: Pre c nt
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
On this 18 day of J t) ,2018, before me, a Notary Public, within and for said County
and State, personally appeare Daniel J. Raduenz,being by me duly sworn, did say that he is the President
of Raduenz Dealership Properties,LLC,a Minnesota Corporation and who upon being duly sworn, signed
the foregoing instrument and acknowledged said instrument intending it • b- the free act and deed of said
corporation. / o
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,-/"YLY./l/J!I-/_,�f- !!/!.//_%..-
Not. Pubh�
x. "49:=: MARY SEIGER
;:. •"i NOTARY PUBLIC-MINNESOTA
,, 'My Commission Expires Jan.31,2023
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STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this t3 day of J ✓kAi , 2018, before me, a Notary Public, within and for
said County and State, personally appeared Eric Johnson, to me personally known, who being by me first
duly sworn, did say that is the City Administrator of the City of Oak Par. ' eights, by authority of the City
Council of the City of Oak Park Heights, he acknowledges s a instru - to br ; free act and deed of
said City of Oak Park Heights. 5
1. 1. x . 11111L._
`Neta Publ
4' MARY SEIGER
ilm)- NOTARY PUBLIC-MINNESOTA
', .. My commission— Expires Jan.31,2023
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Exhibit A
Reference Drawing
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