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Home My WebLink About2010-11-05 WC Recorded Document 1202658 - Public Walkway And Bike Path Easement And Agreement C r IV 1202658 Receipt#: 146540 EAS $46.00 11 11 11 I Certified Filed and /or recorded on: CRV Not Required 11/05/2010 2:26 PM Transfer Entered 1202658 Exempt from Tax Certificate #: 67188 Office of the Registrar of Titles Retum to: Property Records & Taxpayer Services ECKBERG LAMMERS BRIGGS WOLFF & VIERL Washington County, MN 1809 NORTHWESTERN AVENUE Kevin J Corbid, County Recorder SUITE 110 STILLWATER MN 55082 Return to: PUBLIC WALKWAY AND BIKE PATH Eckberg Law Firm EASEMENT AND AGREEMENT Attn: Mark J. Vierling 1809 Northwestern Avenue Stillwater, MN 55082 I , r•-•, • 0 PUBLIC WALKWAY, BIKE PATH DARINAGE AND UTILITY EASEMENT AND AGREEMENT THIS INDENTURE, made this 2 (.7 day of 0 (AD R. , 2010, by and between ALDI Inc. (Minnesota), a Minnesota corporation under the laws of the State of Minnesota, 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 owner in fee simple of the real estate described in Exhibit "A" attached hereto. The West 300.00 feet of the East 1013.00 feet of the North 325.00 feet of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota as measured at a right angle to the east line and the north line of said Northeast Quarter of the Northeast Quarter. 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 walkway, bike path, and pedestrian crossing purposes as well as a drainage and utility easement along 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 lines, equipment, materials, or other items for drainage and utility purposes, public walkway, and for the purpose of maintaining, repairing or replacing the public walkway 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 drainage and utilities and public walkway, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said drainage and utilities and public walkway. That said perpetual drainage and utility and public walkway easements located in the City of Oak Park Heights, County of Washington, State of Minnesota, are described as follows, to -wit: PROPOSED TRAIL EASEMENT AND DRAINAGE AND UTILITY EASEMENT: A perpetual easement trail purposes over and across all that part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the northeast corner of said Section 5; thence North 88 degrees 53 minutes 48 seconds West (assumed bearing) on the north line of the Northeast Quarter of said Section 5, a distance of 713.50 feet to a point on the east line of the West 300.00 feet of the East 1013.00 feet of the Northeast Quarter of said Northeast Quarter; thence South 01 degrees 03 minutes 02 seconds East on said east line, 35.67 feet to a point on the south right -of -way line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-95, according to the recorded plat thereof, said point being the point of beginning; thence South 01 degrees 03 minutes 02 seconds East on said east line, 35.03 feet; thence North 88 degrees 48 minutes 54 seconds West, 300.23 feet to a point on the east right -of -way line of Nova Scotia Avenue North, according to the recorded plat of OAK PARK COMMONS; thence North 01 degrees 03 minutes 02 seconds West on said east right -of -way line, 35.03 feet to a point on the south right -of -way line of said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-95; thence South 88 degrees 48 minutes 54 seconds East on said south right -of -way line, 300.23 feet to the point of beginning. PROPOSED ADDITIONAL DRAINAGE AND UTILITY EASEMENT: A perpetual easement drainage and utility purposes over, under, and across all that part of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the northeast corner of said Section 5; thence North 88 degrees 53 minutes 48 seconds West (assumed bearing) on the north line of the Northeast Quarter of said Section 5, a distance of 713.50 feet to a point on the east line of the West 300.00 feet of the East 1013.00 feet of the Northeast Quarter of said Northeast Quarter; thence South 01 degrees 03 minutes 02 seconds East on said east line, 70.70 feet to the point of beginning; thence South 01 degrees 03 minutes 02 seconds East on said east line, 254.53 feet to a point on the south line of the North 325.00 feet of the Northeast Quarter of said Northeast Quarter; thence North 88 degrees 53 minutes 48 seconds West on said south line, 300.21 feet to a point on the east right -of -way line of Nova Scotia Avenue North, according to the recorded plat of OAK PARK COMMONS; thence North 01 degrees 03 minutes 02 seconds West on said east right -of -way line, 104.98 feet; thence North 13 degrees 25 minutes 50 seconds East, 39.99 feet; thence South 01 degrees 03 minutes 02 seconds East, 134.07 feet; thence South 88 degrees 53 minutes 48 seconds East, 280.20 feet; thence North 01 degrees 03 minutes 02 seconds West, 244.54 feet; thence South 88 degrees 48 minutes 54 seconds East, 10.01 feet to the point of beginning. (EXHIBIT A- ATTACHED DRAWING PROVIDED FOR REFERENCE) 3 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 warrant and represent that it has the exclusive and marketable fee title to the real property described above. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. 4 IN PRESENCE OF: PARTY OF THE FIRST PART: ALDI Inc. (Minnesota), a Minnesota corporation By: / � ✓ -� fie /,- -iJ By: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ___ day of oeAt vl'x , 20,1 0, before me, a Notary Public, within and for said County and State, personally appeared ( Lifdrn Nes v)i l and , to me personally known, who, being each by me duly sworn did say that they are respectively the V (', Fret i d cat and _ of ALDI Inc. (Minnesota), a Minnesota corporation, named in the foregoing instrument, and that said instrument was signed on behalf of ALDI Inc. esot ), a.Minnesota corporation, by authority of its Board of Directors and said V V fecit C &(1 + and acknowledged said instrument to be the free act and deed of said corporation. Q, AR& . kfOok Notary Public NICOLE R. SCHLAAK ,70 NOTARY PUBLIC MINNESOTA Commlaaton Explre. Jan. 31, 2011 5 IN PRESENCE OF: PARTY OF THE SECOND PART: CITY I , • . HEIG : I / 4 By: s :I David : 'rid' I- ay. :y: i / 4 .. ‘In Its Administrator STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON) On this —4-: 14 ° day of k.)0VC vYt r , 2010, before me, a Notary Public, in and for said County and State, appeared David Beaudet and Eric 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 Heights. ,, -- I 4 a ,,( 2 ti L 0 ;, Public _ .. ti •" -' JENNIFER M. PINSKI cy - - NOTARY PUBLIC - MINNESOTA M y Commission Expires Jan 31, 2012 THIS INSTRUMENT DRAFTED BY: Mark J. 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