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Home My WebLink About2006-06-22 Applicant Ltr to CA Re Road & Utility Easement Agreements3)EVEL-01.'INcl REAL PE01'1,1?„, 33 US:13'.41S4i. 6t 0:010 Mark J. Vier ling Eckberg Law Firm 1809 Northwestern Avenue Stillwater, Minnesota 55082 Telephone: (651) 439-2878 Direct Dial No: (651) 351-2118 mvierling@eckberglammers.com RE: OAK PARK HEIGHTS Road and Utility Easement over the Sigstad Parcel Nova Scotia Avenue North adjacent to Oak Park Commons Grantor: CSM Equities, L.L.C. Dear Mr. Vier ling, Enclosed are two originals of the Perpetual Easement and Agreement between CSM Equities, L.L.C., and the City of Oak Park Heights, executed on behalf of CSM Equities, L.L.C. The signature on behalf of the City is required prior to recording. When the document have been recorded in the Office of the Registrar of Titles in Washington County and memorialized on Certificate of Title No. 62084, please send to me a copy of the recorded document at the following address: CSM Corporation, Attn: Jean Crosby 500 Washington Avenue South, Suite 3000 Minneapolis, Minnesota 55415 If you have any questions, or need anything further, please contact me. 'Sincerely, Jean Crosby Legal Assistant 612-395-7168 FAX: 612-395-2782 *crosb s csincor met CC: Scott Tubman, CSM Corporation June 22, 2006 BY: U.S. MAIL FOR YOUR INFORMATION CSM CORPORATION CSM LODGING 500 WashIngton Avenue South, Suite 3000 Minneapolis, KIN 554,15 Telephone, (612) 395.7000 Fax (612) 395.7001 www.csrncorp.net PERPETUAL EASEMENT AND AGREEMENT THIS INDENTURE, made this day of June, 2006, by and between CSM EQUITIES, L.L C., a Delaware limited liability company ("CSM"), party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part. WITNE S SETH : WHEREAS, CSM is the owner in fee simple of the real estate described as 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, Washington County, Minnesota (the "CSM Parcel "). 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, CSM 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 non - exclusive easement for street, drainage and utility purposes, including city water, storm sewer and sanitary sewer purposes with the right to enter upon that 1 portion of the CSM Parcel hereinafter described at any time that the City of Oak Park Heights may see fit, for the purpose of maintaining and/or constructing said street and/or for the purpose of maintaining, operating, repairing or replacing said city water, storm sewer and sanitary sewer lines, over, across, through and under that portion of the CSM Parcel hereinafter described, together with the right to remove (without compensation to the owner) 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: EASEMENT DESCRIPTION A perpetual easement for public right- of-way, drainage and utility purposes over, under and across that portion of the CSM Parcel described as follows: Commencing at the northwest corner of the East 1013.00 feet of said 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 of said Northeast Quarter of the Northeast Quarter; thence South 01 degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof a distance of 35.24 feet to the south right of way line of Trunk Highway No. 36 between boundary corners B14 and B33 as shown in Minnesota Department of Transportation Right of Way Plat No. 82 -95, which is the point of beginning for the easement to be described; thence continuing South 01 degree 52 minutes 14 seconds East along said West line 185.00 feet; thence North 12 degrees 36 minutes 38 seconds East 52.32 feet; thence North 01 degrees 52 minutes 14 seconds West 81.84 feet; thence northeasterly a distance of 80.49 feet along a curve concave to the southeast and tangent with the last described line, said curve having a radius of 50.00 feet, a central angle of 92 degrees 14 minutes 03 seconds; to the terminus of said curve on the south right of way line of Trunk Highway No. 36 between boundary corners B14 and B33 as shown in Minnesota Department of Transportation Right of Way Plat No. 82 -95, Washington County, Minnesota; thence North 89 degrees 38 minutes 11 seconds West, along said south right-of-way line, also being the tangent for said curve, a distance of 65.08 feet to the point of beginning. (CertificateofTitle No. 62084) PID No. 05- 029 -20 -11 -0042 (as depicted en Exhibit A attached hereto and made a part hereof) 2 To HAVE AND TO HOLD, said easements and street right-of-way unto the City of OA Park Heights, Washington County, Minnesota, its successors and assigns, forever. CSM 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 to be executed the day and year first above written. CSM EQUITIES, L.L.C. By: Joel Manager STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this off/ day of June, 2006, by Joel L. Rietz, as Manager of CSM Equities, L.L.C., a Delaware limited liability company. / "1.-e Notary Public Notary Stamp: ss JEAN M CROSBY NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 _. 3 PARTY OF THE SECOND PART: STATE OF MINNESOTA COUNTY OF WASHINGTON THIS INSTRUMENT DRAFTED BY: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 4 CITY OF OAK PARK HEIGHTS By: David Beaudet Its Mayor By: Eric Johnson Its Administrator On this day of , 2006, 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. Notary Public Notary Starry /Seal: • ••••'••••••••...,......,, Dulsr maiya STATE.: Dog Mono Drawn By; 000044-14-444sonwt MAN Oio: ' Stoic 05/04/0 SCALE 1%.54 THE EAST 1013 FEET HRH 36 OF THE NE 1/4 OF THE NE 114 OF SEC, 5 .---501J1H RAY LINE MN OOT R/W PLAT Nil 82—$5 -N ORThLrWEONi/4 N 59 1013.72— SEC. § T. 20 2C1, , s: :•, - enanTA7EA'"' ....SEE DETAIL BELOW . ,"• THE PROPERTY NOT TO SCALE Chatkad two EASEMENT AREA DETAIL • Lri : no .i" , j c9, EXHIBIT A OAK PARK HEIGHTS, MINNESOTA 0 NE CDR. SEC, 5 T. 2,S, R. 20 (WASHINGTON MINTY CAST IRON MONIMENT)— SCALE 25 50 IN 100 111111111111111111111 11111111111111111111 1111111111111111111111111111111111111111111111111111 FEET ALLIANT ENGINEERING CDIP0111141't ASS PAN AVM 41114 %OM 1130 16415 illiffnisisimenta (11•64 Mg