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HomeMy WebLinkAbout2003-05-13 Attorney Sayre Ltr to CA Re Perpetual Easement & Agreementmas W. Newcome** .tn F. Leonard+ Eldon J. Spencer, Jr. + Michael R. O'Brient Lawrence A. Wilford* Edward W. Gale Grover C. Sayre, III+ Thomas W. Newcome III* James A. Ceske Michelle McQuarrie Colton Timothy M. Walsh* Joseph J. Deuhs, Jr. Thomas C. Atmore + Ernest F. Peake Matthew R. Burton Eric D. Cook Mark J. Vier ling, Esq. Eckberg, Lammers, Briggs, Wolff& Vierling, 1835 Northwestern Avenue Stillwater, Minnesota 55082 ,EONARD, WILFORD, SPENCER & GALE 55 East Fifth Street Suite 800 Saint Paul, Minnesota 55101-1718 Telephone (651) 227-9505 Fax (651) 251-1734 Attorneys at Law A Professional Association Internet: www.lowsg.coifi Reply to: Minneapolis May 13, 2003 Re: Perpetual Easement and Agreement Dear Mark: Enclosed herein please find the original Perpetual Basement and Agreement for execution by the City. Please obtain the necessary signatures and return a fully executed copy to me. Thank you. GCS/Ij1 Enclosure ©PFDesktop1::ODMAJGRPWISE/GWDMPLS.GWPOMPLS.MPLSLIB Very truly yours, LEONARD, O'BRIEN WILFORD, SPENCER & GALE, LTD. By 100 South Fifth Street Suite 1200 Minneapolis, Minnesota 55402-120 Telephone (612) 332-1030 Fax (612) 332-2740 E-Mail: s avre C. Sayre, III lows . coin Peter J. Sajevic Justin P. Weinberg Kerry A. Evans Anna M. Burgett Of Counsel George B. Ingebrand, Jr. + Also admitted in Wisconsin Also admitted in Arizona Also admitted in Iowa t Qualified Neutral (Rule 114) * Certified Real Property Law Specialist (Minnesota State Bar Associa(ion) ** Retired Status VIA MESSENGER PERPETUAL AL EASEMENT AND AGREEMENT INDENTURE made this 2/4 'clay of May, 2003, b THIS � � g � y by and between VSSA HOUSING AND COMMUNITY SERVICES, LLC, a Minnesota limited liability company, party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part. WITNE S SETH: WHEREAS, the above -named party of the first part is the owner in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($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 street and roadway purposes, and municipal water, sanitary sewer and storm sewer improvements and purposes with the right to enter upon real estate hereinafter described at any time that the City of Oak Park Heights may see fit, and construct, maintain and repair an y rights-of-way, lines, equipment, materials or other items of municipal utilities, storm water g drainage area, for the purpose of maintaining and/or constructing said streets and/or pathways and for the purpose of maintaining, operating, repairing or replacing the said storm water drainage area over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches as may be required, and further the right to remove trees, bushes, undergrowth and other obstructions interfering in the location, construction and maintenance of said rights-of-way and/or municipal utilities. That said easement and right-of-way located in the City of Oak Park Heights, County of Washington, State of Minnesota, is described as follows, to -wit: An easement that is described in its entirety on EXHIBIT "A," which is attached hereto and by this reference made a part hereof. TO HAVE AND TO HOLD, said 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. IN WITNESS WHEREOF, the said parties have caused this instrument the day and year first above written. r 'u ► r' DAVID A HILLERT - NOTARY PUBLIC - MINNESOTA my Commission Expires 1/31/2005 2 PARTY OF THE FIRST PART: VSSA HOUSING AND COMMUNITY SERVICES, LLC By: Its: ch; *'J 1.. STATE OF MINNESOTA ) ifEWNEeiti ) ss. COUNTY OF ) within and for said County this 44 day of May, 2003, before me, a Notary Public, with y and State, personally appeared MA4k- , to me personally known, who, p y Pp being by me duly sworn did say that he is the C& I c /1/1A of VSSA HOUSING AND COMMUNITY SERVICES, LLC, a Minnesota limited liability company, named in the foregoing instrument, and that said instrument was signed on behalf of VSSA HOUSING AND COMMUNITY its Governors and said �4d SERVICES, LLC, by authority of its Board of Ooverno s a acknowledged said instrument to be the free act and deed of said limited liability company. ft & v (L- Notary Public IN PRESENCE OF: T STATE OF MINNESOTA COUNTY OF WASHINGTON . before me, a Notary Public On this � ?r- day of "� , 2003, be ry" , in and for said County and State, appeared David Beaude nd Eric N. 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 H g SANDRA KAY KRUSE NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2005 Mark J. Vierling EC BERG, LAMMERS, BRIGGS, WOLFF & VII RL1NG, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 ) ss 3 PARTY OF THE SECOND PART: CITY Bv: Its: avid Beaudet N. Johnson Its: City Ad if inistrator Notary Public HEIGHTS EXHIBIT A That part of Lot 1, Stock 4, BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota lying southeasterly of the following described line: Commencing at the southeasterly most corner of said Lot 1; thence South 68 degrees 11 minutes 35 seconds East, assumed bearing along the southwesterly line of said Lot 1, a distance of 186.36 feet to the point of beginning of the line to be described; thence northeasterly 44.23 feet along the are of a non - tangential curve, concave to the southeast, having a radius of 50.00 feet, a central angle of 50 degrees 41 minutes 10 seconds, the chord of said curve bears North 57 degrees 54 minutes 47 seconds East, to the intersection with the southeasterly line of said Lot 1, and said described line there terminating.