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Home My WebLink About1993-04-26 WC Recorded Document 738291 Storm Water Drainage Easement LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612) 439 -2878 JAMES F. LAMMERS FAX (612) 439 -2923 ROBERT G. BRIGGS PAULA. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG June 3, 1993 THOMAS J. WEIDNER SUSAN D. OLSON Ms. LaVonne Wilson City Administrator City of Oak Park Heights P. O. Box 2007 Oak Park Heights, MN 55082 Re: City of Oak Park Heights /ISD 834 Dear Ms. Wilson: Enclosed herewith please find the original recorded drainage easement that we received from Independe• ool District Number 834 which has now been recorded in he office of the County Recorder. This original should be ma' tained ithin your files for future reference. We, of course, ave ma' tained a bookkeeping copy for our purposes as well. Ver, tr y yours, ar J. Vierling MJV:sms Enclosures (1) 738291 STORM WATER DRAINAGE EASEMENT THIS INDENTURE, made this 72%4 day of / 1993, by and between INDEPENDENT SCHOOL DISTRICT NUMBER 834, Party of the First Part; and the CITY OF OAK PARK HEIGHTS, 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 hereinafter described: See Attached Exhibit "A" 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, 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 storm water drainage purposes with the right to enter upon the real estate hereinafter described at any reasonable time that the City of Oak Park Heights may see fit, and construct, maintain and repair any lines, equipment, materials, or other items of the municipal storm drainage utilities, storm water drainage area, for the purpose of maintaining, repairing or replacing the said storm water drainage system 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 storm drainage utilities, and storm water drainage area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said storm water drainage utilities and storm water drainage area. That said perpetual easements for storm water utilities and storm water drainage purposes is described as follows, to -wit: See Attached Exhibit "A" TO HAVE AND TO HOLD, said temporary and perpetual easement and right -of -way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. That Party of the First Part does hereby covenant with the City of Oak Park Heights that they possess marketable title to and are lawfully seized and possessed of the real estate above described. The City of Oak Park Heights hereby agrees that Party of the First Part shall not have any development of the subject property impaired by reason of the existence of this easement granted to the City of Oak Park Heights. All setbacks shall be measured from property lines not from the easement line, and any permitted use of the property that would otherwise be allowed on the property will not be disallowed as a result of the existence of this easement. ENTERED IN TRANSFER RECORD WASHINGTON COUNTY, MINNESOTA 2 R. H. TAFFORD, AUDITOR- TREASURER BY /6v64'1. DEPUTY f 7 IN WITNESS WHEREOF, the said parties have caused tY instrument to be executed the day and year first above written. IN PRESENCE OF: PARTY OF THE FIRST PART: INDEPENDENT SCHOOL DISTRICT NUMBER 834 /)<Y-A!---4— { BY: a -wv`a. l Its: Y. K - 0 BY: ji ) . 4 . 1( Its: I , _ _ _ _ . STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this /C day of e , 1993, before me, a Notary Public, ithin and for said Count an Sta , ersonally appeared and i�� to me known to b the and who executed the foregoing instrument and acknowledged that they executed the same on behalf of Independent School District Number 834 with full authority to do so. x DANIEL C. PARKER X " " NOTARY PU9UC + MINNESOTA t WASHINGTON COUNTY / 1 M Commission Expires Sept. 18, 1996 ice. / , ` �R Notary Pub i-c (Notarial Seal) 3 r IN PRESENCE OF: PARTY OF THE SECOND PART: CITY OF OAR PARR HEIGHTS o.�.� . `,1;4nrinnit ) BY: LIB& c UU Barbara O'Neal, Mayor � r tonne Wilson, — Clerk STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) On this ' `� `� day of , 1993, before me, a Notary Public, in and for said County and State appeared Barbara O'Neal and LaVonne Wilson, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights, and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Oak Park Heights. JUDY L HOLST NOTARY PUBLIC -MINNESOTA NO P blic WAS HINGTON COUNTY rY My Commission Expires 1 -17 -96 (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue 4 Yiw I. • .;i Iii • BRUCE A. FOLZ & ASSOCIATES GL -d- /24.5 4" 923 LAND SURVEYING • LAND PLANNING 6. ( ` :: O GT. /`J / 9 Z 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439 -882 EXHIBIT "A" October 19, 1992 EASEMENTS FROM INDEPENDENT SCHOOL DISTRICT 834 TO THE CITY OF OAK PARK HEIGHTS A perpetual 40.00 foot wide drainage and utility easement over, under and across that part of the Northeast Quarter and that part of the Southeast Quarter of Section 6, Township 29 North, Range 20 West, Washington County, Minnesota lying .20.00 feet each side of the following described center line: Commencing at the northwesterly corner of Outlot A of KERN'S EDUCATION ADDITION, according to the plat on file in the office of the County Recorder, Washington County, Minnesota; thence South 55 degrees 42 minutes 48 seconds East, bearing oriented to said plat, along the northeasterly line of said Outlot A a distance of 20.00 feet to the point of beginning of the center line to be described; thence South 34 degrees 17 minutes 12 seconds West, parallel with the northwesterly line of said Outlot A, a distance of 534.47 feet; thence South 01 degree 47 minutes 11 seconds West 99.51 feet; thence South 08 minutes 44 minutes 22 seconds West 241.72 feet; thence South 02 degrees 00 minutes 21 seconds West 155.25 feet; thence South 07 degrees 22 minutes 19 seconds East 581.42 feet; thence North 86 degrees 31 minutes 22 seconds East 158.23 feet; thence North 89 degrees 19 minutes 36 seconds East 260.40 feet; thence South 71 degrees 50 minutes 58 seconds East 394.71 feet; thence South 05 degrees 14 minutes 08 seconds East 198.74 feet; thence South 09 degrees 42 minutes 11 seconds West 112.17 feet and said center line there terminate, containing 2.41 acres, more or less, in addition to the existing drainage and utility easements dedicated on said plat of KERN'S EDUCATION ADDITION. Also, a perpetual easement for drainage and ponding purposes over that part of said Southeast Quarter described as follows: Commencing at the northwest corner of Lot 1, Block 1, BLACKWOOD 3RD ADDITION, according to the plat on file in said office of the County Record; thence South 88 degrees 54 minutes 15 seconds West, bearing oriented to said plat, along the westerly extension of the north line of said Lot 1 a distance of 200.00 feet to the point of beginnintg; thence continue South 88 degrees 54 minutes 15 seconds West along said westerly extension 576.53 feet; thence. North 27 degrees 00 minutes 00 seconds East 344.00 feet; thence South 74 degrees 00 minutes 00 seconds East 406.98 feet; thence South 09 degrees 00 minutes 00 seconds East 185.59 feet to the point of beginning, containing 2.79 acres, more or less. Also, a perpetual easement for drainage and ponding purposes over that part of said Northeast Quarter described as follows: Commencing at the southwest corner of said Outlot A; thence South 34 degrees 17 minutes 12 seconds West, bearing oriented to said plat of KERN'S EDUCATION ADDITION, along the southwesterly extension of said northwesterly line of Outlot A and along the southeasterly right -of -way line of Trunk Highway 5 a distance of 70.00 feet to the point of beginning; thence continue South 34 degrees 17 minutes 12 seconds West along said southeasterly right - of -way line 400.00 feet; thence South 55 minutes 42 minutes 48 seconds East 194.00 feet; thence North 65 degrees 00 minutes 00 seconds East 146.84 feet; thence North 02 degrees 00 minutes 00 seconds West 339.62 feet; thence North 55 degrees 42 minutes 48 seconds West 68.00 feet to the point of beginning, containing 1.73 acres, more or less. EXHIBIT "A" . . 738291 t • LT, 23 1? [;1 738291 c44., L t . --d-e(-4- e /7-4/