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Home My WebLink About2015-12-28 WC Recorded Document 4052558 - EasementTHOLE LAW FIRM ATTORNEYS 275 South Third Street, Suite 203 Eric C. Thole Stillwater, MN 55082 Hans E. Larson (651) 439-1112 (651) 439-1442 fax January 12, 2016 Mark Vierling Eckberg Lammers 1809 Northwestern Avenue -Suite 110 Stillwater, MN 55082 Re: Barbatsis Property Registration Dear Mark, ASSISTANT Jacqueline Boyer Enclosed you will find a copy of the easement I filed last week. Let me know if you need anything else. 22! - Eric Thole enc. cc: Phil Barbatsis JAN 15 2016 BC62ERG LAN Keceipt#310217 EAS 546.00 Return to: ERIC THOLE 275 S 3RD ST SUITE 203 STILLWATER MN 55082 EASEMENT 4052558 Certified Filed anditor recorded on: 4052558 Office of the County Recorder Washington County, Minnesota Jennifer Wagenius, County Recorder DEED OF APPURTENANT EASEMENT THIS DEED OF EASEMENT is made this day of 14-T X14 2013 b and between Barbatsis Properly LLC, a Minnesota limited liability company, (referred to as "Grantor") and the City of Oak Park Heights (referred to as "Grantee"). The following recitals of fact are a material part of this instrument. A. Grantor is the owner of the following described real estate located in Washington County, Minnesota: EXHIBIT A (hereinafter referred to as "Grantors Land"). B. Grantee maintains a park adjacent to Grantor's Land C. Grantor and Grantee desire that Grantee have exclusive rights to 20 parkin spaces along the east side of a parking lot acquired by Grantor from Northern States Power Company, a Minnesota corporation as part of a transaction with The Minnesota Department of Transportation affecting the layout and construction of the St. Croix River Crossing project D. The parties have agreed on the following with respect to the access and maintenance easement. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, Grantor hereby grants to Grantee, their heirs, personal representatives and assigns, non-exclusive easement rights to the drive access/driveway, and trail with exclusive rights to 20 parking spaces along the east side of the parking lot which shall be dedicated to city use for the park adjacent to the parking lot and depicted in Exhibit B annexed hereto and incorporated by reference herein, subject to the following conditions and covenants. 1. Grant of Non -Exclusive Easement. Grantor hereby grants to Grantee, its heirs, Personal representatives and assigns an easement appurtenant to the Grantor's Land for the benefit of its park users and residents for parking, ingress and egress over, under and across that portion of the parking lot described as follows: SEE ATTACHED EXHIBIT B 2. The Use of Easement Premises. The use of all the easement premises is allowed for the city's residents and park users, park and recreation department, city staff, public officials and others with the city's consent to park vehicles in the 20 spaces provided along the East side of the parking lot as shown in Exhibit C. RETURN TO: First American Title Insumnce Co. 801 Nlooll®t Will, SURe 1900 Minnoapplin., PAI 105 402 NCS__._ 3. Maintenance. Grantor shall have no responsibility with respect to the maintenance of the easement area which shall be the sole responsibility of Grantee, their successors and assigns. Grantee shall have no responsibility with respect to the maintenance of the balance of the parking lot area which shall be the sole responsibility of Grantor, their successors and assigns. Grantee and Grantor may, from time to time, by separate written agreement, jointly implement maintenance and repair projects in their mutual interest. Each parry shall insure their own uses and interest in the parking lot as they desire. 4. Indemnification. Subject to the limitations contained within Minn. Stat 466.04 Grantee shall defend, indemnify and hold harmless Grantor against any and all claims, demands, damages, actions, causes of action, liabilities, losses, judgments, costs and expenses of any nature whatsoever arising out of the Grantee's exercise of these easement rights by Grantee or agents, park users or contractors of Grantee. Grantor shall defend, indemnify and hold harmless Grantee against any and all claims, demands, damages, actions, causes of action, liabilities, losses, judgments, costs and expenses of any nature whatsoever arising out of the Grantor's use of the parking lot by Grantor, its business invitee's, employees or agents, or other users of the parking lot with Grantors permission. 5. Runniniz of Benefits and Burdens. All provisions of this instrument, including the benefits and burdens, run with the land and are binding upon and inure to the heirs, personal representatives and assigns of the respective parties hereto. 6. Construction. The rule of strict construction does not apply to this grant, This grant shall be given a reasonable construction so that the intention of the parties to confer usable rights of enjoyment is carried out. 7. Acceptance of Conditions. Grantee joins in executing this Deed to evidence and agree that they accept this grant of easement subject to the covenants and conditions set forth herein. IN WITNESS WHEREOF, the said grantor and the said grantee have executed this instrument as of the day and year first above written. GRANTOR: Barbatsis Property LLC Jam, By: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) ; On this t' �-I day of ` '�� _, � , 2013, before me a Notary Public, within and for said County personally appeared'!, ; /�, 7:, _, , `; and 'to me personally known, being each by me duly sworn did say that they are respectively the �) ,4.1 nt° ; and of , Barbatsis Property LLC, a Minnesota limited liability company a Minnesota Limited Partnership, named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said Limited Liability Company by authority of its Board of Governors and said and acknowledged said instrument to be the free act and deed of said Limited Liability Company. 1 �, .%� l `;J �.t Lam`` (��t..•v"- at...�-!�!�-'l Noh-y Public ^ELNESP. a Notar, Flibiic Vinn'esota My Commission :;;pirss January, 31, 2017 and GRANTEE: City of Oak Park Heights, M Comber I :-Mavor/i ,Johnson City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this Q,-) day of <,\ -} I ,! , 2013 before me a Notary Public, within and for said County personally appeared Mary McComber and Eric Johnson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instru=nt; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said: i; strument to be the free act and deed of said municipal corporation. Notary Public / V A+IARY $EIGEq NOTARY PUBLIC . MINNESOTA �. 31, 2018 THIS INSTRUMENT WAS DRAFTED BY: Mark I Vierling Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1809 Northwestern Avenue Stillwater, MN 55082 651-439-2878 EXHIBIT A GRANTOR'S COMPLETE LEGAL EXHIBIT A LEGAL DESCRIPTION All that part of the Northwest Quarter of the Northwest (quarter of Section 3, 'Township 29 North, Range 20 'West, Washiligton County, Minnesota, described as follows, to w,it: Begimlina at the northwesterly corner of said Northwest Quarter of the Nortinvest Quarter; thence on an assumed azimuth from north of 178 degrees 1.8 minutes 41 seconds, along the westerly line of said Northwest Quarter of the Northwest Quarter, 177.38 feet; thence on an azimuth of 90 degrees 37 minutes 02 seconds 210.37 feet; thence on an azimuth of 165 degrees 15 minutes 35 seconds 147.26 feet; thence on an azunuth of 90 degrees 00 minutes 48 seconds 235.98 feet; thence on an azimuth of 357 degrees 27 minutes 53 seconds 328.16 feet_ more or less, to the intersection with the northerly line of maid Northwest Quarter of the Northwest Quarter; thence westerly along said northerly line 474.55 feet, molt or less, to the point of hegirming. Excepting thereljorai all that part Iyuig Irartherly of [lie southerly Brie ofAGNNESOTA DEPARTMENT OF 1R ANSPOR"I`ATION RIGHT OF WAY PLAT NO. 82-126, as the saint, is oar file and of itcord iii the office of the Registrar of Titles in and for said Alushington County, mhmesot a. EXHIBIT B EASEMENT FOR PARKING LOT AND TRAIL That part of Tract A described below: Tract A. All that part of the Northwest Quarter of the Northwest Quarter of Section 3, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows, to wit: Beginning at the northwesterly comer of said Northwest Quarter of the Northwest Quarter; thence on an assumed azimuth from north of 178 degrees 18 minutes 41 seconds, along the westerly line of said Northwest Quarter of the Northwest Quarter, 177.38 feet; thence on an azimuth of 90 degrees 37 minutes 02 seconds 210.37 feet; thence on an azimuth of 165 degrees 15 minutes 35 seconds 147.26 feet; thence on an azimuth of 90 degrees 00 minutes 48 seconds 235.98 feet; thence on an azimuth of 357 degrees 27 minutes 53 seconds 328.16 feet, more or less, to the intersection with the northerly line of said Northwest Quarter of the Northwest Quarter; thence westerly along said northerly line 474.55 feet, more or less, to the point of beginning. Excepting therefrom all that part lying northerly of the southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-126, as the same is on file and of record in the office of the Registrar of Titles in and for said Washington County, Minnesota; which lies southerly and easterly of Line 1 described below: Line 1. Commencing at the northwesterly corner of said Northwest Quarter of the Northwest Quarter; thence on an assumed azimuth from north of 178 degrees 18 minutes 41 seconds, along the westerly line of said Northwest Quarter of the Northwest Quarter, 177.38 feet; thence on an azimuth of 90 degrees 37 minutes 02 seconds 210.37 feet; thence on an azimuth of 165 degrees 15 minutes 35 seconds 111.61 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 90 degrees 00 minutes 00 seconds 135.44 feet; thence on an azimuth of 00 degrees 00 minutes 00 seconds 42.50 feet; thence on an azimuth of 90 degrees 00 minutes 00 seconds 36.00 feet; thence on an azimuth of 00 degrees 00 minutes 00 seconds 300.00 feet and there terminating. EXHIBIT C SITE DRAWING a 3 , C -T' 1 a ; till 'Eu _ r� 4 � � L "J Cn6 J—Tt )i _ t j � I P" 3 .. .4_�1, 1j ?� i t I 't » r. 3 a 3 , C -T' 1 a ; 'Eu _ r� 4 � � L Cn6 _ t j � -__--_-- .4_�1, r• -------------- S ctL I 't » r. 1 � } z �>,1::7 } i20 Ami ✓ � t j � r, .4_�1, I r. 1 � z �>,1::7 } 1 j f 1 1� � i20 Ami