HomeMy WebLinkAbout2003-05-21 Permanent Drainage & Pond Easement AgreementMai 21 03 10:21a Valerie Alt 651- bil-bllb Pm
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PERMANENT DRAINAGE AND POND EASEMENT AGREEMENT
THIS PERMANENT DRAINAGE AND POND EASEMENT AGREEMENT (this
"Agreement"), is made effective this 1 S 4 ' day of A:01, 2003, by and between William. J. Keefer
and Mary M. Keefer, husband and wife (collectively, the "Grantor ") and VSSA McKean West,
LLC, a Minnesota limited liability company (
WITNESSETH, that Grantor is the owner of the real property legally described on Exhibit
A attached hereto and incorporated herein (hercinafter referred to as the "Burdened Parcel");
" SETH, that Grantee is the owner ofthe real. property legally described as Lots 1 and
2, Block 1, Lot 1, Block 2 and Lot 1, Block 3, McKean Square, according to the recorded plat thereof
(hereinafter referred to as the "B enefitte d Parcel ");
WITNESSETII, that Grantor and Grantee desire to establish a permanent drainage and pond
easement over and across that portion of the Burdened Parcel described on the attached Exhibit 13
(the "Easement Area");
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements
herein contained, it is hereby agreed as follows:
1, Easement. Grantor, for themselves, their heirs, successors and assigns and as owner
of the Burdened Parcel hereby establish, grant, and consent to a permanent ponding and drainage
easement, for the benefit of Grantee and the Benefitted Parcel upon, over and across the Easement
Area.
2. Duration, This Agreement shall become effective as of the date hereof, and the
easement which is the subject of this Agreement shall be perpetual.
3. Successors and Assigns. All rights and easements ratified, confirmed, established,
granted, reserved and consented to by this Agreement are appurtenant to the Benefited Parcel and
the Burdened Parcel and shall xun with the land and, except as provided otherwise herein, shall inure
Mai 21 03 1 0:21a Valerie Alt
to the benefit of and be binding on all present and future owners of the Benefitted Parcel and the
Burdened Parcel and their respective successors and assigns.
4. Minnesota Law. This Agreement shall be construed in accordance with the laws of
the State of Min'
T WITNESS WHEREOF, Grantor and Grantee have hereunto set their hands the day and
year first above written.
Grantor:
r 7
William J Keeftr I a ry Mo eefer
Grantee:
VS SA. McKean West, LLC
13y: 7 1/1
Its: Chief Manager
STATE OF MINNESOTA )
)ss.
COUNT OF 9oi )
T h e foregoing instrument was acknowledged before me this 1$.): d a y cf A 2003, by
William J. Keefer and Mary M. Keefer, husband and wife.
E ill Ef 7l1��1� �� � y
rt ti rr,�i.,
SHERRY NOTARY PURL rO'
Camm Expires Jan, ai,2005
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651.631--6115 p
Notary Public
Mai 21 03 10:22a Valerie Alt
STATE OF :MINNESOTA
COUNTY OF EY
•
The foregoing instrument was acknowledged before me this � day of : = - /2003, by
Daniel A. Lindli, the Chief Manager of VSSA McKean West, LLC, a Minnesota limited liability
compajiy, on behalf of the limited liability company.
VALERIE JEAN ALT
NOTARV PUBLSC - MINNESOTA
M Commission Wires 1-31-2005
)95.
This lnstrimaent Was Drafted By
Leonard, O'Brien.,, Wilford, Spencer & Gale, Ltd.
100 South Fifth Street, Suite 1200
Minneapolis, Minnesota. 55402
(612) 3324030
-3-
G51-631-6115 p.4
Mai 21 03 10:22a Valerie Alt
EXHIBIT A
BURDENED PARCEL
651--G31 -A115 pmb
That part of the South Half of the Northwest Quarter of the Southeast Quarter of Section 5,
Township 29 North, Range 20 West, Washington County, Minnesota and that part of the Southwest
Quarter of the Southeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Mim esota lyingnortherly ofBAYTOWN WOODS 3AD ADDMON, according to the plat
on fie in the office of the County Recorder, Washington County, Minnesota.
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EDIT B
EASEMENT AREA
G51- 831 -G115 p.6
That p art ofthe Northwest Quarter ofthe Southeast QuarterofSection 5, Township 29 North, Range
20 West, Washington County, Minnesota described as follows:
Commencing at the southwest coiner of said Northwest Quarter of the Southeast Quarter;
thence North 01 degree 03 minutes utes 05 seconds West, assumed bearing, along the west line
of said Northwest Quarter of the Southeast Quarter a distance of 18.31 feet to . the point of
beginning; thence continuing North 01 degree 03 minutes 05 seconds West, along said west
Line a distance of 79.35 feet; thence South 88 degrees 59 minutes 00 seconds East, a distance
of 79.00 feet; thence North 63 degrees 50 minutes 00 seconds East, a distance of65.00 feet;
thence South 27 degrees 34 minutes 00 seconds East, a distance of 36.00 feet; thence South
39 degrees 12 minutes 00 seconds West, a distance of 50.00 fret; thence South 73 degrees
27 minutes 00 seconds West, a distance of 126.16 feet to the point of beginning,.
AND
That part of the Northwest Quarter of the Southeast Quarter of S ection 5, Township 29 North, Range
20 west,, Washington County, Minnesota described as follows:
Commencing at the southwest corner of said Northwest Quarter of the Southeast Quarter;
thence North 01 degree 03 minutes 05 seconds West, assumed bearing, along the west line
of said Northwest Quarter of the Southeast Quarter a distance of 618.79 feet to the point of
beginning; thence South 89 degrees 49 minutes 53 seconds East, a distance of 92.96 feet;
thence South 74 degrees 37 minutes 44 seconds East, a distance o f 124.62 feet; thence South
01 degree 03 minutes 47 seconds East, a distance of39.68 feet; thence South 73 degrees 18
minutes 25 seconds East, a distance of 42.48 feet; thence South. 87 degrees 48 minutes 57
seconds East, a distance of 32.80 feet; thence North 79 degrees 03 minutes 23 seconds East,
a distance of 61.99 feet; thence North 03 degrees 48 minutes 27 seconds West, a distance of
65.03 feet; thence North 30 degrees 13 minutes 47 seconds West, a distance of 43.29 feet;
thence North 76 degrees 28 minutes 06 seconds West, a distance of 46.19 feet; thence South
70 degrees 20 minutes 23 seconds West, a distance of 39.00 feet; thence South 53 degrees
10 minutes 42 seconds West, a distance of 35.00 feet; thence South 01 degrees 03 minutes
47 seconds East, a distance of 11.58 feet; thence North 74 degrees 37 minutes 44 seconds
West, a distance of 120.58 feet; thence North 89 degrees 49 minutes 53 seconds West, a
distance of 96.83 feet to the intersection with said west line of ate Northwest Quarter of the
Southeast Quarter, thence South 01 degree 03 minutes 05 seconds East, along said west line
a distance of 25.01 feet to the point of beginning.
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TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
TES TEMPORARY CONSVECTI ON EASEMENT AGREEMENT (this "Easement ") is
made effective this 1S of ! 2O03, by William J Keefer and Mary i1'f. Keefer, husband
and wife C'Keefcrs") and VSSA. McKean West, LLC, a Minnesota limited liability company
("VSSA'
RECITALS: •
g51- 631 -G115 p.7
AREAS, Keefers are the owners of cep real property legally describ ed on Exhibit A. attached
hereto (the "Burdened Parcel"). Keefers and any subsequent owners of the Burdened Parcel are
referred to in. this Basement as the "Grantors"; and
WHEREAS, VS SA. is the owner of certain real property legally described as Lots 1 and 2, Block
1, Lot 1, Block 2 and Lot 1, Block 3, McKean Square, according to the recorded plat thereof (the
" B enefitted Parcel "). VS SA and any subsequent owners of the B enefitted Parcel are referred to in
this Agreement as "Grantee"; and
AREAS, Grantors desire to convey a temporary construction easement over that portion of the
Burdened Parcel legally described on Exhibit B attached hereto (the "Easement Area ") to enable
Grantee to perform certain grading and construction activities.
NOW THEREFOR, in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is acknowledged:
AGREE TS:
Grantors hereby convey to Grantee a temporary easement for access, storage, grading and
construction purposes over, under, across and through the Easement Area The grant of the
foregoing easement includes the right of Grantee, and its employees, agents and authorized
contractors to perform grading, construction, related activities and associated work within the
Easement Area.
1
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Grantee hereby agrees to indemnify, defend, and save Grantors harmless of and from all liability,
loss, damages, cosh or expenses, including reasonable attorneys' fees, on account of injuries to the
person or property ofGrantors or Grantee, or to any agent, contractor, employee or invitee of grantee
or to any thirdperson on or about the Easement Area, where the injuries are caused by the negligence
or misconduct of Grantee, Grantee's agents, servants, invitees, contractors or employees or of any
other person entering upon. the Easement Area under express or implied invitation of Grantee.
Grantors further acknowledge that the total compensation set forth above includes payment in full
for all impacts and damages resulting from the Easement other than those damages resulting from
to indemnification set forth above.
This Easement shall terminate at 11 :59 o'clock p.xn on
r
Dated.
_. . _ C 2003
Grantors:
(,41
rte~
J. Keefer
STATE OF MINNESOTA )
ss.
COUNTY OF 1 20M S )
Grantee:
651-631-6115
00 57
VSSA McKean West, LLC
By:
STATE OF MINNESOTA )
ssd
COWCY OF )
The foregoing instrument was acknowledged before me this day of
1 Keefer and Mary M. Keefer, husband and wife.
Etatriehkittdh '-
Its: Chief Manager
; 2003, by William
SHERRY R. ELAN
NOTARY PUBLIC
MINNESOTA
v , , t � � ' = ; . . . } . f y Cornrn!ssian 4 0 0 3 Jan. 31, 2005
The foregoing instrument was acknowledged before me this I day of .A , 2003, by
A. Liudh, the Chief Manager ofVSSA McKean West, LLC, a Minnesota limited liability
company, on behalf of said limited liability company.
P-8
Mai 21 03 10:23a Valerie Alt
■
VALERIE JEAN ALT
NOTARY PUBLIC MINNESOTA
My Commission Expires 1-31-2005
nuS DOCUMENT WAS DATED BY:
Grover C Sayre, III
Leonard, O'Brien, Wilford, Spencer & Gale, Ltd.
100 South Fifth Street, Suite 1200
Minneapolis, Minnesota 55402
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651-G31-6115 p.9
Mai 21 03 1O :23a Valerie Alt
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EDIT A.
iEEEER PROPERTY
651-931-6115 p.10
That part of the South Half of the Northwest Quarter of the Southeast Quarter of Section 5,
Township 29 North, Range 20 West, Washington County, Minnesota and that part of the Southwest
Quarter of the Southeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
Cormty, Minnesota lying northerly of B AYTOWN WOODS 3RD ADDITION, according to the plat
on file in the office of the County Recorder, Washington County, Minnesota.
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EDIT B
EASEMENT AREA
651-631-G115' p.11
The West 30.00 feet of the North 660.0 feet of the Southeast Quarter of Section 5, Township 29
North, Range 20 West, Washington County, Minnesota.
The West 50.00 feet of the South 60.00 feet of the North 720 feet of the Southeast Quarter of Section
5, Township 29 North, Range 20 West, Washington County, Minnesota.
The West 20.00 feet of the South 165.00 feet of the North 885.00 feet of the Southeast Quarter of
Section. 5, Township 29 North, Range 20 West, Washington County, Minnesota.
Mai 21 03 10:21a
2845 Harnline Avenue North
Roseville, MN 55113
651 - 631 -6120
To: ERIC JOHNSON
Fax 651 439-0574
Phone:
Re:
SIGNED REEFER EASEMENTS
THANKS
MARK
Valerie Alt
Pages: 11
Presbyterian Homes
Services
From: Mark Meyer (fax # ® 651 - 631 -6108)
Date: 5/21/03
CC:
651-G31
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