Loading...
HomeMy WebLinkAbout1999-11-23 CA Ltr to OPHJames F. Lammers Ro Lert G. Briggs*• Pkdr1{ Vierling* Gregory G. Gall,• Thomas j. Weidner* Susan D. Ols.• DdVid K. Snyder Tanya E. lot...rice LAW OFFICES OF Eckberg, Lammers, Briggs, W01f1 Vierling Ms. Kris Danielson Community Development Director City of Oak Park Heights 14168 - 57th Street North P.O. Box 2007 Oak Park Heights, Minnesota 55082 Dear Kris: Enclosed herewith for your review please fii have prepared regarding Diversy, Inc. Please review t any questions or comments you may have. MJVisdb Enclosure Re: Diversy, Inc. 1835 Northwestern Avenue Stillwater. Minnesota 55082 (651) 439-2878 FAX (651) 439-2923 Direct Dial No.: (651) 351-2118 November 23, 1999 Mar J. Vierling Tzj \:\f77 "Y 2 4 1999 1.] ft park easement and contact me with Pa - iv (I 914-1996) L J. kelcherg O f Counsel *Qualified Neutral Arbitrator & Mediator •Qualified Neutral Arbitrator *Certified Real Estate Specialist •Qualified Neutral Mediator Return to: Eckberg Law Firm Attn: Mark J. Vierling 1835 Northwestern Avenue Stillwater, MN 55082 PUBLIC PARKLAND EASEMENT AND AGREEMENT PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT THIS INDENTURE, made this day of , 1 999, by and between DIVERSY, INC., a corporation under the laws of the State of Wisconsin, 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 hereinafter described. 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 park, parkland, playground, trail and related park uses 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 equipment, materials, or other items for public parkland, for the purpose of maintaining said public parkland 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 trails and walkways, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public parkland. That said perpetual public parkland easement located in the County of Washington, State of Minnesota, is described as follows, to -wit: A perpetual easement for public park and walkway purposes over, under and across all that part of Lot Three (3), Block One (1), ST. CROIX MALL P.U.D. 2 ADD., Washington County, Minnesota, described as follows, to wit: Beginning at the northwesterly corner of said Lot Three (3), thence on a recorded bearing of North 89 degrees 36 minutes 13 seconds East, along the northerly line thereof, 118.90 feet; thence South 01 degree 51 minutes 45 seconds East 218.84 feet, more or less, to the southerly line of said Lot Three (3); thence westerly along said southerly line 118.74 feet, more or less, to the southwesterly corner of said Lot Three (3); thence northerly along the westerly line of said Lot Three (3) a distance of 219.18 feet, more or less, to the point of beginning. Easement contains 26015 square feet, more or less. Subject to easements and agreements of record. TO HAVE 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 part does hereby covenant with the City of Oak Park Heights, that it is lawfully seized and possessed of the real estate above described. It is understood and agreed that the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for public parkland or any other purpose, and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation.. It is further understood and agreed that the party of the second part will forthwith re-sod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood that the party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. 3 IN PRESENCE OF: STATE OF MINNESOTA ) SS COUNTY OF WASHINGTON) PARTY OF THE FIRST PART: DIVERSY, INC. By: By: On this day of , 1999, before me, a Notary Public, within and for said County and State, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the and the of Diversy, Inc., a Wisconsin corporation, named in the foregoing instrument, and that said instrument was signed on behalf of Diversy, Inc., by authority of its Board of Directors and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public 4 IN PRESENCE OF: PARTY OF THE SECOND PART: STATE OF MINNESOTA ) ss. COUNTY OF WASH- IINGTON) On this day of , 199, before me, a Notary Public, in and for said County and State, appeared David D. Schaaf and Thomas M. Melena, 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. THIS INSTRUMENT DRAFTED BY: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439 -2878 Notary Public 5 CITY OF OAK PARK HEIGHTS By: David D. Schaaf Its Mayor By: Thomas M. Melena Its Administrator