HomeMy WebLinkAbout2005-06-03 WC Recorded Document 3517353 - Public Walkway & Sidewalk Easement Agreement 3517353
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Office of the
County Recorder
Washington County, MN
Certified filed andlor recorded on:
ENTERED IN TRANSFER RECORD 2005!06103 9:02:00 AM
WASHINGTON COUNTY,MINNESOTA 3517353
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County Recorder
MOLLY F. 'ROURIZE,AU 1 i rRER *
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BY ey.
DEPUTY
Return to: PUBLIC WALKWAY AND SIDEWALK
Eckberg Law Firm EASEMENT AND AGREEMENT
Attn: Mark J. Vierling
1835 Northwestern Avenue
Stillwater, MN 55082
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PUBLIC WALKWAY AND BIKE PATH
EASEMENT AND AGREEMENT
THIS INDENTURE, made this 22"x,day of (elj , 2005,by and
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between FOX HOLLOW LLC, a Minnesota Limited Liability Company under the laws of the
State of Minnesota,party of the first part; and the CITY OF OAK PARK HEIGHTS,
Washington County, Minnesota, party of the second part.
WITNESSETH:
WHEREAS, the above-named party of the first part is the owners in fee simple of
the real estate described as follows:
Lots 1 and 2, Block 1; Lot 1 Block 2; and Outlots A, B, and C, FOX l'-'
HOLLOW P.U.D., platted and of record in the office of the County Recorder in and for
Washington County, Minnesota"
That for and in consideration of the sum of One and 00/100 Dollars ($1.00) 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 assigns the following:
A perpetual easement for public walkway, sidewalk, 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 surfacing, materials, or other items 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 in the City of Oak Park
Heights, County of Washington, State of Minnesota, is described as follows, to-wit:
"The easterly 5.00 feet, of the westerly 23.50 feet, of Lot 1 Block 1, FOX
HOLLOW P.U.D., on file and of record in the office of the County Recorder,
Washington County, Minnesota
TO HAVE AND TO HOLD, said perpetual pedestrian walkway easement unto
the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns,
forever.
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 and will
maintain the sidewalk and pedestrian walkway and indemnify and hold the City harmless
thereon.
IN WITNESS WHEREOF, the said parties have caused this instrument to be
executed the day and year first above written.
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/ PARTY OF THE FIRST PART:
FOX HOLOW EASTLC
By: _ 78n
Jeffery . H.+ se, Chief Manager
ATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this 22' day of , 2005,before me, a Notary Public,
within and for said County and State, per, nally appeared, to me personally known, who, being
each by me duly sworn did say that he is re Jeffery G. Hause, Chief Manager of Fox Hollow LLC
a Minnesota Limited Liability Company, named in the foregoing instrument, and that said
instrument was signed on behalf of Fox Hollow LLC,by authority of its Governance Board and
said Jeffery G. Hause, acknowledged said instrument to be the free act and deed of said company.
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NOTARY PUBLIC-MINNESOTA NO Public
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PARTY OF THE SECOND PART:
CITY O O Aorp,r HEIGHTS
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By: 1���.A..-i
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David B det
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By: , 1
``E '- Johnso 1
ity Adm', *.trator
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STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this 22 day of , 2005,before me, a Notary
Public, in and for said County and State, 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
and the Administrator of the City of Oak Park Heights, by authority of the City Council of the
City of Oak Park Heights, and said Mayor and Administrator acknowledge said instrument to be
the free act and deed of said City of Oak Park Heights.
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' T S ry Public
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THIS INSTRUMENT DRAFTED BY:
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1835 Northwestern Avenue
Stillwater, Minnesota 55082
(651) 439-2878
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