HomeMy WebLinkAbout1981-03-13 Smith & OPH Agreement Re Park Property Line Improvements r'"'■ /\ $
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A G R E E M E N T
TIHIS AGREEMENT, made this day of ‘ 91 L( ,
1981, by and between JEROME H. SMITH and MARIANNE I. SMITH, husband
and wife, parties of the first part, hereinafter referred to as
- "Smith ", and the CITY OF OAK PARK HEIGHTS, a municipal corporation,
party of the second part, hereinafter referred to as "City ".
WITNESSETH:
WHEREAS, Smith is the owner of the following described real
estate, to -wit:
Lot Twenty -one (21), Block One (1), Brekke's
Garden Hills, according to the plat thereof
on file and of record in the office of the
Registrar of Titles in and for the County of
Washington, State of Minnesota;
and
WHEREAS, the City is the owner of certain real estate to the
North of the Smith real estate, which is being used as a park,
playground and skating rink for younger children; and
WHEREAS, the City has acquired the Easterly eight (8) feet of
Tract A, Registered Land Survey No. 53, according to the plat thereof
on file and of record in the office of the Registrar of Titles in and
for the County of Washington, State of Minnesota, for use as a
pedestrian walkway for access to said park and playground.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto
as follows:
1. That the City will construct and maintain a wood privacy
fence designed for air circulation six (6) feet in height, one (1) foot
West of the West boundary line of the Smith parcel from the North line
to the South boulevard line of the contiguous property to the West.
2. That the City shall maintain and keep said fence in good
repair and keep the same painted in an inconspicuous color so as to
blend as much as possible with the surrounding vegatation.
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3. That the City shall have the right to enter on the Smith
property for the purpose of constructing and maintaining said fence.
The City shall, during construction, have the right to remove certain
shrubs and trees that are located on or near the boundary line. The
City shall also have the right to trim certain trees that are located
in the proximity of the fence. However, it is understood that
during the construction the City will do no more damage than necessary
to accomplish the erection of said fence and, upon completion, the
City shall plant trees and shrubs to replace those removed and shall
restore the area to a clean and sightly condition. Subsequent to the
erection of said fence, the City shall have the right to enter the
Smith property to maintain said fence, and that said fence shall be,
maintained in a good condition as hereinbefore set forth.
4. That the City shall pay to Smith the sum of Five Hundred
Dollars ($500.00) upon execution of this Agreement as damages, receipt
of which is hereby acknowledged by Smith.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
11' I:2V/
rome H. Smith
Marianne I. Smith
CITY OF OAK P K HEIGHTS
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By JJ //� �i�
Mayor
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Attes
City Clerk
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STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this 13th day of March , 1981, before me, a
Notary Public within and for said County and State, personally appeared
JEROME H. SMITH and MARIANNE I. SMITH, husband and wife, to me known
to be the persons described in and who executed the foregoing
instrument and acknowledged that they executed the same as their
free act and deed.
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KAREN L FROZ11f:: =R Notary Public, Washington County, Minn.
(Notarial Se 1 ) . . NOT/ ( FU:,LI TJTA 5
i 11r :alli.:; CCu,iTY
L y Cor.micsion Ex,;,r:s 6'ay 15. 1935. .
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STATE OF MINNESOTA
ss.
COUNTY OF WASHINGTON) .
On this , `-�, L, day of / , 1981, before me, a
Notary Public' within and for said County and State, personally appeared
Donald Mondor and LaVonne Wilson, to me personally known, who, being
each by me duly sworn did say that they are respectively the Mayor
and,City Clerk of the City of Oak Park Heights, the corporation named
in the foregoing instrument; that the seal affixed to said instrument
is the seal of said City, and that said instrument was signed and
sealed on behalf of said City by authority of its City Council, and
the said Donald Mondor and LaVonne Wilson acknowledged said instrument
to be the free act and deed of said City.
Notary Public, Washington County, Minn.
(Notarial Seal)* �,.� •
g: KAREN L. FROEH;:ER
'' 1. - `'v NOTARY PUBLIC MINNESOTA
,. ` WASHINGTON COUNTY
My Commission Expires May 15. 1985.
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