The URL can be used to link to this page

Home My WebLink About2011-09-19 WC Recorded Document #1208590 - Utility, Public Walkway & Bike Path Easement & Agreement 1208590 • Receipt#: 171113 I J EAS $46.00 CRV Not Required Certified Filed and /or recorded on: Transfer Entered 9/19/2011 3:12 PM Exempt from Tax 1208590 Certificate #: 67781 Office of the Registrar of Titles Retum to: Property Records & Taxpayer Services ECKBERG LAMMERS BRIGGS WOLFF & VIERL Washington County, MN 1809 NORTHWESTERN AVENUE SUITE 110 Kevin J Corbid County Recorder STILLWATER MN 55082 UTILITY, PUBLIC WALKWAY AND BIKE Return to: PATH EASEMENT AND AGREEMENT Eckberg Law Firm Attn: Mark J. Vierling 1809 Northwestern Avenue Stillwater, MN 55082 j o 13 (p RECEIVED OCT 0 3 2011 DRAINAGE, UTITLITIES, PUBLIC WALKWAY AND BIKE PATH EASEMENT AND AGREEMENT THIS INDENTURE, made this 23 da of A- wc , 2011, by and between AutoZone Development Corporation, a Nevada corporation under the laws of the State of Minnesota, party of the first part; and the CITY OF OAK PARK HEIGHTS, a Minnesota statutory city located in 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. 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 drainage and utilities, public walkway, bike path, and pedestrian crossing purposes 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 public walkway, 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 public walkway, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public walkway. That said perpetual public walkway easement located in the City of Oak Park Heights, County of Washington, State of Minnesota, is described as follows, to -wit: (SEE ATTACHED EXHIBIT `B ") 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 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. 3 AutoZone Development Corporation: c.e ,_E .,..u, By: ',.� . 4 � 9 -1- . ur n ri By: R I. M Executive Vice President, -•CM 2 e. General Counsel I ieoreary STATE OF MINN cnTA ) LQ ) ss. COUNTY OF ) On this `)...S of t` .,(..`-- , 2011, before me, a Notary Public, within and for said County and State, personally appeared }{ t try L - rwo U s. -t i-kL and James C. Griffith , to me personally known, who, being each by me duly sworn did say that they are respectively the £m-, Vice Pfligdent and the Vice President of AutoZone Development Corporation, a Nevada corporation, named in the foregoing instrument, and that said instrument was signed on behalf of .k- v+0 rc.G - IeVekop#s u ..n rP. , by authority of its Board of Directors and said f . Vico President and VICO Prajdont acknowledged said instrument to be the free act and deed corporation. \ 0uu1rU11ii \\`' a � STATE _ Notary OF tary Public TENNESSEE 1 = - ___ NOTARY PUBLIC ' 4.‘S % ., y FLBy CO� ` Ii ∎w" 4 r _ CIT ?ay '�.� � HEIGH By: ` ��I Davi ; : eauM Its Ma s By. // Eric Jo - n Its Ci : dministrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this IV of SQ V.,,M Q11 , 2011, 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 s be the free act and deed of said City of Oak Park Heights. r- .'- - •tary 'ublic W JENNIFER M. PINSKI 'yt " NOTARY PUBLIC • MINNESOTA S J 4 My Commasian Expires Jan 3120 f✓ THIS INSTRUMENT DRAFTED BY: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, PLLP 1809 Northwestern Avenue Stillwater, Minnesota 55082 5 EXHIBIT "A" Lot Two (2), Block One (1), WAL -MART ADDITION, EXCEPT the North 18.48 feet thereof according to the plat on file and of record in the office of the Registrar of titles, in and for the County of Washington, and State of Minnesota 6 EXHIBIT "B" The North 53.48 feet of Lot Two (2), Block One (1), WAL -MART ADDITION, except the North 18.48 feet thereof, according to the plat on file and of record in the office of the Registrar of titles, in and for the County of Washington, and State of Minnesota 7 HARRY,S. JOHNSON Easement Survey CA LAND SURVEYORS for 9063 Lndale Ave.' So. Bloomington, MN. 55420 utollone phone: 952-884-5341 fax:952- 884 -5344 60TH S TR��T �:� WAL MART ADDITION BLOCK 1, d I_ / \\1L_i I I\JI V \ �� u,t u,t WC u,t - -- -u,c -� ,nc I uK i► ;r4;4;4 * *1;491 ;4 Is 474.W►i{1��► **74 ��. W r r r- ,. ; Ar-- t- -_ � � C- �- - t ' 0 14•, ►_- ,•L�.e14•. ;. - ► ��O I►` �4► I` �. A` � ��I��OI' F � �I• �4' Ir �`► I I "'C4'I•''Pi�'i ►�PI��ii4'I'i��I� `,_ 4 4.4 44COI #4"444.4 '�0�� ►O: 4 444104 � 4.4,4•4044°444.40444.444•444.44•444.40 �441040444.44 �01��0��:4 OII� Oi W $ ( 0.14t# * **S ..0.4 Imo' 4:41 �#4.0rl 0.4.41102 *44.`441, Air 0j i �0 1 03 L -- , cc SOUTH UNE OF NORTH 53.48 FEET I 1 OF LOT 2, BLOCK 1, WAL -MART ADDITION, O_ , I W I a I Y Mt o Erl • ° ge ; W I ,C kn o Ln ° i s( it _I • N .. N • O C 7 3 ■ i 'S � rk I W ` . N O I mCC X LJ V V _ ccN ` H I 0 z I 1 j r --- I ��OI��j�� Denotes / �� FY/A& / / s*: Easement Area , `�1 N 89'51'28" W 199.94 (PLAT) 24.15 EAS.) PROPERTY LEGALLY DESCRIBED AS: / 1 Lot Two (2), Block One (1), WAL -MART ADDITION, EXCEPT the North 18.48 feet LEO thereof according to the plat on file and of record in the office of the Registrar of Titles, in and for the County of Washington and State of Minnesota. ® Catchbasin PROPOSED 36 FOOT DR UMW MD 11RAL EASEMENT DESCRIBED AS: ® Sanitary Manhole The North 53.48 feet of Lot Two (2), Block One (1), WAL -MART ADDITION, m Storm Manhole EXCEPT the North 18.48 feet thereof, according to the plat on file and of Concrete Curb record in the office of the Registrar of Titles. in and for the County of — .. — w — Overhead Electric Washington and State of Minnesota. - - - -- Underground Electric CERTIFICATION y certify that • r at this survey, plan or report was prepared by me or under my direct supervision Water I her and that I am a duly Registered Land Surveyor der the laws of the State of Minnesota. " Gas . _ Elate: February 22, 2011 TFlnas L 6 k L. , ii _— .— Sanitary Sewer E. Hodorff, S. / ' f N Reg. No. 23677 —vw— Storm Sewer JOB NO: 2010265.02 REV: 08/15/2011