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HomeMy WebLinkAbout2007-02-06 WC Recorded Document #1174635 - Public Walkway & Bike Path Easement & Agreementu ry 1 � 1746 p 35 Rece ipt#: 26164 EAS $4600 II�IIIIII�IIX g1111111III�I1111I11 Return. too Eekberg Law F irm Anne Nark j9 Vlerling 180 Northwe Avenue Stillwater, MN 55 No Delinquent Taxes Certified Filed and /or recorded on: Exempt from Tax 2/06/2007 3:24 PM 1174635 Certificate #: 40498 Office of the Registrar of Titles Return to: Property Records & Taxpayer Services ECKBERG LAMMERS BRIGGS WOLFF a VIERL 1809 NORTHWESTERN AVENUE Washington Count MN y SUITE 110 Kevin J Corbid, County Recorder STILLWATER MN 55082 PUBLIC WALKWAY AND BM PATH EASEMENT AND AGREEMENT r'VUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT THIS INDENTURE, made this day of ��•¢;�,� ��� , 2006, by and between NORTHERN STATES POWER COMPANY d/b /a XCEL ENERGY, a corporation under the laws of the State of /'/ � � �& - - , party of the first part; and the CITY OF OAK PAS HEIGHTS, Washington County, Minnesota, party of the second part. WITNES SETH: WHEREAS, the above-named party of the first part is the owner in fee simple of the real estate described in Exhibit "A" attached hereto That for and in consideration of the sung. of ]dour Hundred and Thirty -Pour Dollars, 00 /1 ( 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 as si gns 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 surfaces or other elements 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 i the City of oak Park Heights, County of Washington, State of Minnesota, is described as follows, to -wit: (SEE ATTACHED EXHIBIT "1315) TO 14AVE 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 pert does hereby covenant with the City of Oak Park Heights, that it is lawfully seized and possessed of the real estate above described. The party of the second part shall assume all liability and indemnify, hold harmless and compensate the party of the first part for any injury or damage to persons or property, including Northern States Power's property or employees, resulting from the use of the easement area by the City, its agents, invitees, pe destrians or any other third parties. The City shall defend, indemnify and hold Northern States Power harmless against all actions, claims, damages or demands which may be brought or made either against Northern States Power or against Northern States Pager's interest in the easement area by reason of anything done by the City in the exercise or purported exercise of the rights and privileges granted herein. IN WITNES WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENC OP. PART` OF THE FIRST PART NORTHERN STATES POWER COMPAN d/b /a XCEL ENERGY B y: Its ENTERED IN TRANSFER RECORD WASHINGTON COUNTY, MINNESOTA 0",- t''6 10 1p-, r- 2 G ' 7Z> Cf a (� MOLLY F. O'ROURKE, AUDITS - TREASURER BY a DEPUTY LOMA Its STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ' day of - � , 2006, before me, a Notary Public, within and for said County and State, personally appeared and , to me personally known, who, being each by me dui sworn did say that the are respectively the .- - �� and Y Y y � Y the of Northern States Power Company dlbla Xcei Energy, a corporation, named in the, foregoing instrument, and that said 'Instrument was signed on behalf of Northern States Power Company dlbla Xcel Energy by authority of its Board of DirectorsaM-s�aid and acknowledged said instrument to be the free act and deed of said corporation. SCOTT D. JOHNSON . Notar public state of Minnesota My Com E January 31, 201 STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) Notary P r 1 On thus I day of 2006 before nee a Not Public, in and for said County and State, a peared David Beaudet and Eric Johnson, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor i PARTY OF TIC SECOND PART: and Admim* strator of the City of Oak Park Heights, by author'ty of the City Council of the City of Oak Park Heights, and said Mayor and Ad.m�nistratoz acknowledge said instrument to be the free act and deed of said City of Oak bark Heights. ■ THIS INSTRUMENT DRAFTED BYE Mark J. Vierling ECKBERG, LAMMER , BRIGGS, 1 809 Northwestern Avenue Stillwater, Mi 550 Notary blic 5 EXHIBIT "A" The West 300.00 feet of the East 1013.00 feet of the South 225.00 feet of the North 550.00 feet of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 Forth, Range 20 West, Washington County, Minnesota, as measured at a right angle to the east line and the north line of said Northeast Quarter of the Northeast Quarter 0 EXHIBIT "B" NOVA SCOTIA AVENUE NORTH 4. 1 z � o � zs D Cl7 ca n o z C S O { @ r� h Y @ ❑ CD C@7 r+- N �. 0 Q ❑ r- ❑ 0 Y, @ 0 -+1 • J S01'52'14 "E 55.91' _. 550.00' w :: = �, D. �.� L= Q ° � 0 a girt l � V w Z �G z z O i � 0 ,� 1 0 Q Q In G r'f' - East Line of the Northeast Quarter of �•- Northeast Quarter 0 w. •-4 S R1 � Y 7 _ Q ( 0 CCI CD C Cb OAKGREEN A VENUE NOR - r _ " [D co Q @ C -c @ S c � 1 , c a• r�l (t1 D �] :3 O --+� CD C) L❑ D S D (D �> © � C) r (D 0 @ m . 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