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HomeMy WebLinkAboutDevelopment Application - Supplemental Information1,1 11 November 20, 2001 I/ '1 C City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 13481 - N. 60th Street Oak Park Heights, Minnesota 55082 (651) 275 a Fax (651) 275 To Whom It May Concern: Montanari Homes, Inc. herby gives authorization to Mark Gossman to represent us in the application and development process for proposed construction of a commercial building on our property located at 13481 N. 60 St., Oak Park Heights, Minnesota. Sincerely; galf6nari President r iz cJ • Cr... fr r • - • 1' cxD , CD . 7 CO 21 LC") CD 71, L7; Zi Ei - — EST' - F • DOLI C) V • • • — kasssammemainas < o CD D.' CD Return To: Attorney's Title of Stillwater 1835 Northwestern Avenue Stillwater, MN 55082 WARRANTY DEED CORPORATION OR PARTNERSHIP TO INDIVIDUAL STATE DEED TAX. DUE HEREON: $ Date: June 1s 2001 FOR VALUABLE CONSIIDERATION, C & D Enterprises, a general partnership under the laws of the State of Minnesota, Grantor, hereby convey(s) and warrant(s) to BART J. MONTANARI, A SINGLE PERSON Grantee (s), real property in Washington County, Minnesota described as follows: Attached legal hereto made a part of The seller certifies that the seller does not know of any wells on the described real property. (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: easements, restrictions, reservations, covenants of record, if any. STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this June 1 2041 by Chad C. Junket , a Partner of C & D ENTERPRISES, under the laws of State of Minnesota on behalf of the partnership, JUDITH A, SIDDY NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2005 Notarial Stamp or Seal This Instrument Drafted By: Attorney's Title of Stillwater 1 835 Northwestern Ave. Stillwater, Mn 55082 Bv: ENTERPI Its Partne Chad C. Junker ` St nat re of Person Taking Acknowledgement Tax Statements for the real Property described in this Instrument should be sent to (name and address of Grantee) ...r 'Ave „ilia MolltaILari LegaiDeSCTipj! i " Exh ibit A " "Tract known as Lot A), Registered Land Survey Number 57, according to the duly Txac� A kx�a �� g . ed plat on file in the Register of Titles in and for Washington County, State of Minnesota, z�ord � � . EXCEPT all that portion lying Northeasterly of the following described line: Beginning at a point on the East line of said "Tract A" a distance of 34.50 feet South of the Northeasterly corner said A"; thence Westerly to a point on the West line of said "Tract A" a distance of of said Tract ,�. , th y � 21.26 f eet Southerly utherl of the Northwest corner of said line there terminating, Washington County, State of Minnesota Street eet Address Known As : 13481 60 street North, Oak Park Heights, Minnesota. Property Propeity Identification Numbers : 05- O29- 20-- 21 -001 l and 05- 029 -20-21 -0012 Return to: Robert G. Briggs 1835 Northwestern Avenue Stillwater, MN 55082 DECLARATION OF CROSS EASEMENTS RECITALS 1. Stillwater Aerie No. 94 of Fraternal Order of Eagles of Stillwater, (hereinafter "J3agles" ), and Bart Montanari, (hereinafter "Montanari "), are owners of adjoining property in Washington County, Minnesota. 2. The Eagles are the owners of property at 12969 North 60 Street, Oak Park Heights, Minnesota 55082 legally described on Exhibit A attached hereto and made a part hereof (hereafter referred to as the "Eagles Property"). 3. Montanari is the owner -of rop� e at 13481 North 60 Street, Oak Park of property Heights, Minnesota 55082, legally described on Exhibit B attached hereto and made a part hereof (hereafter referred to as the "Montanari Property"). 4. Both properties have bituminous surface parking lots and the parties desire to provide for the use of the parking lots by the adjoining property owner during certain hours of the day. NOW THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the undersigned hereby create the easement and covenants hereinafter set forth. 1. Grant of Easement. The Eagles hereby grant and convey to Montanari a temporary easement for parking purposes only over ,the bituminous surface area of the Eagles Property now used as a parking lot. 2. Grant of Easement. Montanari hereby grants and conveys to the Eagles a temporary easement for parking purposes over the bituminous surface area of the Montanari Property now used as a parking lot. 3. Limitation of Easement. The easements granted herein shall be limited as follows: The Eagles shall have the right to use the Montanari parking lot easement described above during the hours of 5:30 p. m. until 7:00 a.m of each day. Montanari -shalt be allowed to use the parking easement on the Eagles property during the hours of 7 :00 a.m. until 5:30 p.m. of each day. 4. Repair and Maintenance. The owners of their respective properties shall have the sole obligation and responsibility for the repair and maintenance of the parking surfaces on their property. Such repair and maintenance shall include the resurfacing of the parking area, the plowing of snow and the application of salt and/or sand as needed. Bach party represents and agrees that it will maintain their respective parking surface in good condition of repair. 5. Easement not to be obstructed. It is expressly understood and agreed that the easements herein created are for the sole purpose of parking. The owners of the parcels shall use the rights granted by this instrument with due regard to the rights of others and their use of such easement shall'be such that it will not obstruct passage or drainage thereon. 6. Easement Term. This easement shall be for an indefinite term but may be terminated by either party by written notice to the other 60 days in advance of termination. Such.notice shall be delivered personally or by certified mail to the addresses in p aragraphs 2 and 3 of the Recitals set forth above. A copy of the Notice-of Termnination;and Affidavit of Service shall be recorded in the office of the Washington Comity Recorder if this easement document has been recorded. 7. Amendment. The parties agree that the provisions of this Declaration of Cross Easement may be modified or amended in whole or in part only with the consent of all of the owners of the parcels by amendment in writing executed and acknowledged by all of those parties. If a party has a mortgage on its parcel this Declaration of Cross Basement and any amendment without the written consent of said mortgagee shall not be enforceable against or binding upon that mortgagee. 8. Easement to run with the land. The grant of the easements herein shall run with the land and be binding upon and inure to the benefit of the owners of the parcels, their heirs, successors and assigns unless terminated as hereinabove provided. IN WITNESS WHEREOF this Declaration of Cross Easement has been executed on the day of , 2002. By: Its: Stillwater Aerie No. 94 of Fraternal Order of Eagles of Stillwater Bart Montanari State of Minnesota ) )ss. County of Washington) The foregoing instrument was acknowledged before me this day of , 2002, by , the of Stillwater Aerie No. 94 of Fraternal Order of Eagles of Stillwater, a fraternal organization, on behalf of the organization. State of Minnesota ) )ss. County of Washington) Drafted by: Robert G. Briggs Eckberg, Lammers, Briggs, Wolff & Vierling, PLLP 1835 Northwestern Avenue Stillwater, MN 55082 Notary Public The foregoing instrument was acknowledged before me this day of , 2002, by Bart Montanari. Notary Public EXHIBIT A ( "Eagles Property ") Tract B, REGISTERED LAND SURVEY NO. 57, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota; EXCEPT part that art of Tract B, REGISTERED LAND SURVEY NO. 57, lying northerly of the following described line: Beginning at a point on the east line of said Tract B, distant 129.04 feet south of the g� g p n ortheast corner of said Tract B; thence northwesterly to a point on the west line of said Tract B distant 34.50 feet south of the northwest corner of said Tract B and said line there terminating. TOGETHER with an easement over, under and across Tract N, Registered Land Survey No. v. 57 on file and of record in the office of the Registrar of Titles in and for Washington County, Minnesota. EXHIBIT B ( "Montanari Property ") Lot A, Registered Land Surrey No. 57, except all that portion lying northerly of the following described line. Beginning at a point on the East line of said Tract A distant 34.50 feet South of the northeasterly corner of said Tract A; thence westerly to a point on the West line of said Tract A, distant 21.26 feet Southerly of the Northwest corner and said line and there terminating.