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HomeMy WebLinkAbout2023-04-20 WC Recorded Document #4403614 - Public Trailway Easement and Agreement Receipt:#820133 4403614 EAS R mpt fromTax Required $46.00 I I II II I I I I I I Return to: Certified Filed and/or recorded on: E-SIMPLIFILE 4844 North 300 West 4/20/2023 10:03 AM Suite 202 4403614 Provo UT 84604 Office of the County Recorder Washington County,Minnesota Amy Stenftenagel,County Recorder Jennifer Wagenius,Auditor Treasurer NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I, the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Public Trailway Easement And Agreement By and Between Croixview Holdings LLC City of Oak Park Heights with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full,true, and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park ,eights is 4th day of April,2023. // .'.:; Eric Jo son R'` ' City dministrator = ` Return to: PUBLIC TRAILWAY Eckberg Lammers, P.C. EASEMENT AND AGREEMENT Attn: Kevin Sandstrom 1809 Northwestern Avenue Stillwater, MN 55082 PUBLIC TRAILWAY EASEMENT AND AGREEMENT THIS INDENTURE,made this Say of /'Vl ,2023,by and between CROIXVIEW HOLDINGS LLC organized under the laws of the State of Minnesota; and the CITY OF OAK PARK HEIGHTS, a Minnesota statutory city located in Washington County,Minnesota. WITNESSETH: WHEREAS,Croixview Holdings,LLC is the owner in fee simple of the real estate described in Exhibit"A"attached hereto. 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, Croixview Holdings, LLC has this day bargained and sold,and by these presents does bargain, sell,convey and transfer unto the City of Oak Park Heights,its successors and assigns the following: A perpetual easement for a public trailway 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 trails lines, equipment,materials, or other items for public trailway, for the purpose of maintaining,repairing or replacing the public trailway 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 trailway,and the further right to remove trees,bushes,undergrowth,and other obstructions interfering in the location, construction and maintenance of said public trailway. That said perpetual public trailway easement located in the City of Oak Park Heights, County of Washington, State of Minnesota,is described as follows, to-wit: An easement for trail purposes over, under,and across that part of the East 10.00 feet of the following described property: The South 262.00 feet of the North 494.00 feet of the East 233.00 feet of the Northeast Quarter of the Southwest Quarter of Section 3, Township 29, Range 20, Washington County, excepting therefrom that part taken for highway; AND All that part of the Northwest Quarter of the Southeast Quarter of Section 3, Township 29 North,Range 20 West, described as follows:Commencing at the center of Section 3, Township 29 North, Range 20 West and running thence South I degree 30 minutes East along the centerline of said Section 3 for a distance of 232 feet to the point of beginning of the land hereby conveyed;from said point of beginning continuing South on the aforesaid line extended in a straight line to the point where it intersects the west boundary of the Stillwater and Point Douglas Road also known as Highway 21;running thence Northeasterly along the West boundary of said Stillwater and Point Douglas Road to a point where it intersects a line parallel to and 232 feet South of the North line of the Southeast Quarter of Section 3, Township 29 North, Range 20;running thence Westerly in a straight line to the point of beginning,being a triangular piece of land adjacent to Easterly of and having as its northern boundary the extended North boundary of that land conveyed to Lester F. Bell and LaVerna G Bell, by deed dated August 24, 1957, recorded December 30, 1957 in Book 210 of Deeds,page 339, excepting therefrom that part taken for highway. The sidelines of said easement are prolonged or shortened to terminate on the north and south lines of said described property. Croixview Holdings,LLC does hereby covenant with the City of Oak Park Heights,that it is lawfully seized and possessed of the real estate above described and does dedicate and convey said easement unto the City of Oak Park Heights,Washington County,Minnesota,its successors and assigns, forever. IN WITNESS WHEREOF,the said parties have caused this instrument to be executed the day and year first above written. CROIXVIEW HOLDINGS LLC, Bye . ----- Timothy Sieg ied President and Chief Manager STATE OF MINNESOTA ) (( i1 COUNTY OF g (tJ 1 /V *11 ) On this Dr day of MAY KAA... ,2023,before me,a Notary Public,within and for said County and State,personally appeared Timothy Siegfried who,being duly sworn did say that he is the President and Chief Manager of CROIXVIEW HOLDINGS LLC,a Minnesota Limited Liability Company,named in the foregoing instrument, acknowledged said instrument to be the free act and deed of said company and that said person is duly empowered to co such stated interests. NATHANIAL C JONES F tNotary Public //. .,.�/1 .IL`4, Minnesota Notary �''"'' *Ca EEir�e$Jar y 31.Z27 Public / C I F OA ' RK HEI HTS ifAfe. . ,ix....."(----) ar. , c om:-r It .yor 3 ., "re Eri or,so Its Cit Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this q day of A p.1 1 ,2023, before me, a Notary Public, in and for said County and State,`appeared Mary McComber and Eric Johnson,to me personally 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,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. rill J./;1J/lJJI/._f 4...1 -.....////' 1 ✓lull✓_/,/y^ Onh? Notary Pubh! �� MARY SEIGER ti ../ ii" a NOTARY PUBLIC-MINNESOTA 0 My Commission Expires Jan 31,2028 \ ...-_-.-t.---_-:-.-:__'�!ii-iii:,:r vriiii ✓.i✓) 4 EXHIBIT "A" Parcel#0302920310002 PARCEL Legal Description: The South 262.00 feet of the North 494.00 feet of the East 233.00 feet of the Northeast Quarter of the Southwest Quarter of Section 3,Township 29, Range 20,Washington County,excepting therefrom that part taken for highway; AND All that part of the Northwest Quarter of the Southeast Quarter of Section 3,Township 29 North,Range 20 West, described as follows: Commencing at the center of Section 3,Township 29 North, Range 20 West and running thence South 1 degree 30 minutes East along the centerline of said Section 3 for a distance of 232 feet to the point of beginning of the land hereby conveyed;from said point of beginning continuing South on the aforesaid line extended in a straight line to the point where it intersects the west boundary of the Stillwater and Point Douglas Road also known as Highway 21;running thence Northeasterly along the West boundary of said Stillwater and Point Douglas Road to a point where it intersects a line parallel to and 232 feet South of the North line of the Southeast Quarter of Section 3,Township 29 North, Range 20; running thence Westerly in a straight line to the point of beginning,being a triangular piece of land adjacent to Easterly of and having as its northern boundary the extended North boundary of that land conveyed to Lester F.Bell and LaVerna G Bell, by deed dated August 24, 1957, recorded December 30, 1957 in Book 210 of Deeds,page 339,excepting therefrom that part taken for highway. r .msµ t�7 �.�' [�k•` Vis. -:=F-. __ ..--22---J � . r t 4 5 � e 2 �^ fI a siWx•1 • t J . '. vit ,:; - �' aj i F . -5-,' :f ,.4i..1 arcel#0302920310002 i r j Y• j.2 Ni '.; L'.. .t,‘1,;•; i,t "� ( h6 ‘4, ' 1.'.4-:*-* t .t Sf • 1`3,. " n k' .. 'fes' •. 't , .-til,';':!'"...".."---'—'—' } !I� lG 1 1 • E '. . Al L K� tt„„ '4 ie . } 5 OAK PARK HEIGHTS, MINNESOTA act 5E0, 3, Jr c A' Ou r , 1 akt 1f .,,,, NQ l WP. 29 ' <i ,. 0 30 60 '',1C] SCALE IN FEE: Mt fj L'1 a��.c5• I;\ Trail r ' Easement 20 l f2"Y.i. 7 9 TRAIL EASEMENT An easement for trail purposes over,under,and across that part of the East 10.00 feet of the following described property: The South 262.00 feet of the North 094,00 feet of the East 233.00 feet of the Northeast Quarter at the Southwest Quarter of Section 3, Township 29,Range 20,Washington County,excepting therefrom that part taken for highway; AND All that part of the Northwest Quarter of the Southeast Quarter of Section 3,Township 29 North,Range 20 Went,described en follows: Commencing at the center of Section 3,Township 29 North,Range 20 West and running thence South 1 degree 30 minutes East along the centerline of said Section 3 for a distance of 232 feet to the point of beginning of the land hereby conveyed;from said point of beginning continuing South on the aforesaid line extended in a straight line to the point where it intersects the west boundary of the Stillwater and Point Douglas Road also known as Highway 21;running thence Northeasterly along the West boundary of said Stillwater and Point Douglas Road to a paint where it intersects a line parallel to and 232 feet South of the North line of the Southeast Quarter of Section 3, Township 29 North,Range 20;running thence Westerly in a straight line to the point of beginning,being a triangular piece of land adjacent to Easterly of and having as its northern boundary the extended North boundary of that land conveyed to Lester F.Bell and La Verna G Bell,by deed dated August 24,1957,recorded December 30,1957 in Book 210 of Deeds,page 339,excepting therefrom that part taken for highway. The sidelines of said easement are prolonged or shortened to terminate on the north and south lines of said described property. I iiCREBY CERTIFY TAT THS P:AN.SPiCIfICATION,Q?REPORT SURVEY WAS PREPARED 3Y ME OR UNDER MY D REQ.i SUPh,RV.SiON Sn C 173830151 3ell.d.vg AND TiiAT I AM A DULY LICENSED PROFESS"OVAL_AND SURVEYOR 5 UNDER THE LAWS OF THE STATE OF MINNESOTA. Minneapolis Office DRAWN PR'NT WW1': DANS.i.ROEBER p 733 Mcrquetle Ave DR D2.4-1/Cel,---- j� Suite ,MN S GNATURE: Minneapolis,g Suite 1000 1v11J 55402 ?ROl N0. MARC–) 2022 43'.33 ?hcno 612-712-2CCO 193830151 DATE L!C.NO. weosite:WWW.stanlec.corn 6 THIS INSTRUMENT DRAFTED BY: KEVIN SANDSTROM ECKBERG, LAMMERS PC 1809 Northwestern Avenue Stillwater, Minnesota 55082 7