HomeMy WebLinkAbout2006-06-29 WC Recorded Document #3593594 - Perpetual Easement & AgreementENTERED IN TRANSFER RECORD
W SRINGTON Q0,14NTY, MINNESOTA
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MOL-`: F. 'ROURKE, XUD1TO.TREASURER
BY fe,:teV 7 2 -
DEPUTY
PERPETUAL
EASEMENT AND AGREEMENT
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3593594
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THIS INDENTURE, this Z 1St da 3 day of June, 2006, by and between CSM
EQUITIES, E.ELC., a Delaware limited liability company ("CSM"), ar of the first art• and the
party part;
OF OAK PARK HEIGHTS, Washington County, Miimesota, a of the second
P � part.
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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 Count
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 g ood and
valuable consideration, the receipt of which is hereby acknowledged, CSM has this day bargained
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and sold, and by these presents does bargain, sell and transfer unto the City of Oak Park Heights, its
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successors and assigns the following:
A perpetual non - exclusive easement for street, drainage and utility purposes,
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including city water, storm sewer and sanitary sewer u oses with the right to enter upon p rP g P that
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3593594
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Office of the
County Recorder
Washington County, MN
Certified filed aiu !or recorded an:
2006106/29 1:40:00 PM
Cindy Koosmenn
County Recorder
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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 Bast, 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.
(Certificate of Title No. 62084)
PID No. 05- 029 -20 -11 -0042
(as depicted on Exhibit A attached hereto and made a part hereof)
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To HAVE AND TO HOLD, said easements and street right-of-way unto the City of
Oak 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 27day of June, 2006, by Joel L.
Rietz, as Manager of CSM Equities, L.L.C., a Delaware limited liability company.
otary Public
Notary Stamp:
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JEAN M CROSBY
NOTARY PUBLIC w MINNESOTA
My CommIssIorn Expires Jan. 31, 2010
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PARTY OF THE SECOND PART:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
deed of said City of oak Park Heights.
MARK J. VIERLING
NOTARY PUBLIC MINNESOTA
My Commission Expires Jan. 31, 2010
THIS INSTRUMENT DRAFTED BY:
Mark J. Vierling
ECI BERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1835 Northwestern Avenue
Stillwater, Minnesota 55082
(651_) 439 -2878
Notary Stamp/Seal:
CITY OF
14),
By:
David Beaudet
Its Mayor
HEIGHTS
By:
Eri ohnsd
Its Adm'strator
On this , day of , 2006, before me, a Notary Public,
in and for said County' and State, appear e David Beaudet and me ersonall
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known, who being by me first duly sworn, did say that they e' respectively the Mayor and
Administrator of. the City of Oak Park Heights, by authority o _ . e City Coulcil of the City - o.f Oak
Park Heights, and said Mayor and Administrator acknowledge said jnstiiment to be the free act and
Notary Public
STATE - -:iiiiicitTeiror -n ii-TE-EAsi - 1013. ral Hi(5H %Ai .4 I
OF THE te1/4 CO THE NE 1/4 OP SEC. 5
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e-NORTK LINE OP
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EXHIBIT A
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