HomeMy WebLinkAbout1993-09-01 CA Ltr Forwarding BRAA Consent to Enter & Waiver of Trespass Agreement LAW OFFICES OF
C PY
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING
1835 NORTHWESTERN AVENUE
STILLWATER, MINNESOTA 55082
LYLE J. ECKBERG (612) 439 -2878
JAMES F. LAMMERS FAX (612) 439 -2923
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING
GREGORY G. GALLER September 1, 1993
KEVIN K. SHOEBERG
THOMAS J. WEIDNER
SUSAN D. OLSON
Mr. Joe Anderlik
Bonestroo, Rosene, Anderlik
& Associates, Inc.
2335 West Highway 36
Roseville, MN 55113
In Re: Daniel & Lois Hall
14201 53rd Street North
Oak Park Heights, MN 55082
Dear Joe:
Enclosed please find a copy of a Consent to Enter and
Waiver of Trespass Agreement to be signed by Mr. and Mrs. Hall so
that you can begin the project on their property. Should you
require any adjustments or amendments to the Agreement, please feel
free to contact me.
Yours very truly,
Mark J. Vierling
MJV:dmr
Enclosure
c: Roger Benson
•• ift py
CONSENT TO ENTER AND
WAIVER OF TRESPASS AGREEMENT
A
DANI *L A. HALL and LOIS J. HALL, husband and wife, being
the record owners of certain real estate located at 14201 53rd
Street North in the City of Oak Park Heights, County of Washington,
State of Minnesota, the same being hereby described as follows:
Part of Tract K, Registered Land Survey No. 7, lying
southerly of the south line of - 53rd Street North as
platted, Swager Bros. 9th Addition.
PIN 61342 -2750
and hereby consent to allow the CITY OF OAK PARK HEIGHTS, a
municipal corporation, and its duly authorized agents to enter upon
said property for the following purposes:
To bring upon fill to be located upon the aforedescribed
property pursuant to the plans and drawings prepared by
the office of Bonestroo, Rosene, Anderlik & Associates,
a true and correct copy of which is annexed hereto and
incorporated by reference herein.
The City of Oak Park Heights and its authorized agents,
upon completion of the performance of the items to be performed and
implemented upon the property, shall return the property to a
similar natural state as existed prior to the improvement with the
exception of grade elevation adjustments, losses of grasses,
plantings, small trees, and other vegetation that may have to be
altered or removed in the process of performing the above project.
The above -named record fee owners expressly waive any
claims for trespass which they may otherwise have against the City
of Oak Park Heights, its authorized agents and others acting at
their direction for the acts of the City of Oak Park Heights and
their agents for entering upon the above - described property and
performing the above improvements.
The record fee owners understand that due to existing
weather conditions, the City of Oak Park Heights will not be able
to re -seed or re -sod the area that needs to be disturbed for
purposes of making the improvement as promptly as the City would
otherwise desire. As soon as weather permits, the City shall
restore the area in terms of sod or seed. In the interim, the City
will also leave in place during the period of time of the
construction or grade elevation change, reasonable erosion control
measures, and other protection devices determined necessary by the
City Engineer.
OS 10
IN WITNESS WHEREOF, the undersigned have caused this
instrument to be executed this /4 day of 5' � , 1993.
6 c 4 L 4 Q '" , /
Dani&l A. ,Hall
Lois . all,/
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this /9 day of ;� , 1993, before me, a
Notary Public, within and for sa d County, personally appeared
DANIAL A. HALL and LOIS J. HALL, husband and wife, who executed
the foregoing instrument and acknowledged that they executed the
fl .y e -s their , F - T , -4d deed.
,�°•'•M,, ROBERT A. BEEDLE
.�} • NOTARY PUBUC - MINNESOTA
WASHINGTON COUNTY /kW \ -'
My Commission Expires May 8,1994 Nota i blic
(Notarial Seal) 411
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs,
Wolff & Vierling
1835 Northwestern Avenue
Stillwater, MN 55082