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Home My WebLink About2004-07-22 WC Recorded Document #3455168 (& Registrar of Titles #1147388)1147388 Office of e Registrar of itles Washington County, MN Certified filed and/or recorded on: 2004/07/22 10:39:00 AM 114738$ Certificate #: 44776 Book #: 143 Pa e #: g4 Cindy Kaasmann �; • Registrar a1 Titles U 3 I By. NON- EXCLUSIVE EASEMENT FOR DRIVEWAY AND SIGN PURPOSES as This indenture made this day of J vn .c 3455168 Office of the County Recorder Washington County, MN Certified illetl and /or recorded on: 2004/01I22 10:43:00 AM 3455168 Cindy Kaosmann County Recorder s BV '�uiee . A , 2004 by and between the CITE' OF OAK PARIS HEIGHTS, a municipal corporation organized under the laws of the State of Minnesota, Grantor, and THE SHOPPES OF OAK PARIS. HEIGHTS, L.L.C., a limited li ability corporation, Grantee. wITESSETH® WHEREAS, the above -named Grantor is the owner in fee simple of real estate described as Outlot A, WAL -MART ADDITION, Washington County, Minnesota; and, WHEREAS, that in and for consideration of the sum. of One Dollar ($1.00), Grantee's conveyance of the Watertower parcel to Grantor, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor has this day bargained and sold and by these presents does hereby bargain, sell and transfer unto the Grantee, its successors, heirs and assigns, the following A perpetual nonexclusive easement that runs with and benefits Lots I and 2, B lock 1, The Shoppes of Oak Park Heights, for the use, construction, repair and maintenance for driveway access, and for the construction, repair and maintenance of a sign, with the right to enter upon real estate hereinafter described at any time that the Grantee may see fit and construct, maintain and repair (i) a driveway access and (ii) sign over and across the lands hereafter described. The driveway access shall be coordinated with the Grantor's location of public trails and pathways which may intersect the driveway access from both northerly and southerly directions and shall not obstruct, but be coordinated with such public trails and sidewalks. Grantor also reserves all rights relative to subsurface location of utility lines for water, sewer storm sewer, or other municipal utilities. Grade elevations on the driveway access shall be subject to the approval of the Grantor through the offices of the City Engineer. That said perpetual nonexclusive easement for driveway purposes as located within the City of oak Park Heights in the County of Washington, State of Minnesota, is hereby described as follows, to -wit: A nonexclusive, perpetual easement for ingress and egress purposes over, under and across that part of Gutlot A, WAL -MART ADDITION, Washington County, Minnesota, described as follows: Commencing at the south corner of said outlot A; thence North 1 degrees 52 minutes 03 seconds west, assumed bearing, along the west line of said outlot A a distance of 121.94 feet to the actual point of beginning; thence continuing North l degrees 52 minutes 03 seconds west along the west line of said outlot A a distance of 50.04 feet; thence South 89 degrees 33 minutes 51 seconds East a distance of 24.07 feet; thence easterly 77.96 feet along a tangential curve concave to the southwest having a radius of 100.00 feet and a central angle of 44 degrees 40 minutes 04 seconds; thence South 44 degrees 53 minutes 48 seconds East a distance of 15.58 feet more or less to the East line of said Outlot A; thence southwesterly along the East line of said outlot A a distance of 60.06 feet on a non-tangential curve concave to the southeast having a radius of 380.00 feet, a central angle of 9 degrees 03 minutes 22 seconds having a chord which bears South 45 degrees 09 minutes 54 seconds west; thence North 44 degrees 53 minutes 48 seconds west and not tangent to said curve a distance of 25.63 feet; thence westerly 38.98 feet along a tangential curve concave to the southwest having a radius of 50.00 feet and a central angle of 44 degrees 40 minutes 04 seconds; thence North 89 degrees 33 minutes 51 seconds west tangent to said curve a distance of 7.83 feet more or less to the point of beginning. ( "Driveway Easement ") 0) That said perpetual, nonexclusive easement for sign purposes, as located within the City of Oak Park Heights in the County of Washington, State of Minnesota, is hereby described as follows, to wit: A sign easement lying over, under and across that part of Outlot A. WAL -MART ADDITION, Washington County, Minnesota, described as follows: Commencing at the south corner of said Outlot A; thence North I degrees 52 minutes 03 seconds West, assumed bearing, along the West line of said Outlot A, a distance of 171 feet thence South 89 degrees 33 minutes 51 seconds East, a distance of 24.07 feet; thence easterly 57.05 feet along a tangential curve concave to the southwest having a radius of 100.00 feet and a central angle of 32 degrees 41 minutes 06 seconds to the point of beginning; thence North 47 degrees 25 minutes 48 seconds East, a distance of 22.20 feet; thence South 44 degrees 53 minutes 46 seconds East a distance of 37 .58 feet more or less to the East line of said Outlot A; thence southwesterly 20.12 feet along a non - tangential curve concave to the southeast having a radius of 380.00 feet and a central angle of 3 degrees 01 minutes 59 seconds having a chord which bears South 51 degrees 12 minutes 41 seconds West; thence North 44 degrees 53 minutes 48 seconds East, not tangent to said curve, a distance of 15.58 feet; thence northwesterly 20.91 feet along a tangential curve concave to the southwest having a radius of 100.00 feet and a central angle of I I degrees 58 minutes 58 seconds to the point of beginning. ( "Sign Easement ") The Driveway Easement and Sign Easement are also depicted on the sketch attached hereto and incorporated herein as Exhibit A. The si n located within the Easement area shall be constructed as identified on Exhibit B. All larzdscapirzQ around the si n shalt be desi ned and maintained under 3 Leet in he' ht to enhance visibi or tra zc p urposes as well. Final des' ri s o the lan dsca iii a� d a�� afore re lacein efx is _ of the Si Ign shall be su to th e . y2proval o the CLq Oak Park Hei h ts.. That the Grantor does hereby covenant with. Grantee that it is lawfully seized and possessed of the real estate above - described, and that said real estate is unencumbered. It is understood and agreed that the Grantee will restore the lands to as good or better condition as it was prior to the time of any excavation for the construction of the driveway 3 or sign, and restore any connections to public trams and sidewalks that become damaged in the process of locating or constructing Grantee's driveway. It is further agreed and understood that the Grantee will forthwith resod all areas where necessary on said lands from which it is necessary to remove or damage the sod thereon during the process of the construction and location of their driveway. It is further agreed and understood that this Easement shall not be modified or amended without the express written consent of both the Grantor and the Grantee. It is further agreed that this Easement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Signatures on this agreement delivered by facsimile or telecopier shall be considered original signatures for purposes of effectiveness of this Lease. IN WITNESS WHEREOF, the parties have caused this instrument to be executed and dated on the date and year first above - written. e C� n M STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON On ary this / da J Idu 2004 before me a Not Public , within and for said County personally appeared Davi Beaudet 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 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 municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. . ..; JULIE R. JOHNSON NOTARY PUBLIC - MINNESOTA WASHINGTON COUNTY My Comm. Expires Jan. 31, 2QQ5 � r STATE OF MINNESOTA COUNTY OF Ca-,t �C' ) SS. No ry Public THE SHOPPES OF OAK PARK HEIGHTS, L.L.C. By Its C'Al C- r On this _ � day of � � �� , 2004, before me a rotary Public, within and for said County personally appeared Jay Scott, to me personally known, being duly sworn did say that he is the President of THE SHOPPES OF OAK PARK HEIGHTS, L.L.C., , 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 Jay Scott acknowledged said instrument to be the free act and deed of said limited liability company. This Instrument Drafted hva Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1535 Northwestern Avenue Stillwater, Minnesota 55082 Notary Public KAREN L RUFTON `'OTARY PUBLIC -- WNNE5OTA MY COMMISSION EXPIRES 1/31/2008 yy' Nit.i4]SI EXHIBIT A Tw /f 1 9 4 'I r Q 0 VI V .� � 14 rs "� ►. ll I N I SM 8 � 0 c A i.l j 1 M LL— ��p U i LLJ Of LLj LL- c", LL- EXHIBIT B Y . t# 'g �C L� w ■ ............ ■ w. 11wrl .�4 sg� C 4 w. 7