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HomeMy WebLinkAbout2009-08-07 WC Recorded Document #3753857 - Perpetual Easement & AgreementReceipt #: 109085 \ N EAS Attest Copy CRV Not Required Transfer Entered Exempt from Tax 3753857 $Zoo � 11 11111 N SIN Certified Feed and/or recorded on: 8I07/2009 222 PM Return to: ECKBERG LAMMERS BRIGGS WOLFF & 1809 NORTHWESTERN AVENUE SUITE 110 STILLWATER MN 55082 WINFAURI UMUTACTAIX 1 Office of the County Recorder Property Records & Taxpayer Services Washington County, MN Kev J (. "nr•hic1, CO3111711 Recorder PINE GROVE GARDENS ASSOCIATION PERPETUAL EASEMENT AND AGREEMENT THIS INDENTURE, made this da of &Arvory, 2009, b and between PINE GROVE GARDENS ASSOCIATION, A MINNESOTA NONPROFIT CORPORATION, part of the first part; and the CITY OF OAK PARK HEIGHTS, Washin Count Minnesota, part of the second part. WIGS SETH: W"HEREAS, the above-named part of the first part is the owner in fee simple of the real estate hereinafter described. 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 hereb acknowled the part of the first part has this da bar and sold, and b these presents does bar sell and transfer unto the Cit of Oak Park Hei its successors and assi the followin A perpetual easement for sanitar sewer purposes with the ri to enter upon real estate hereinafter described at an time that the Cit of Oak Park Hei ma see fit, and construct,, maintain, repair and replace sanitar sewer lines, e materials or other items of related munic' al utilities, and for, operatin repairin or replacin the said sanitar sewer line over, across, ip throu and under the lands hereinafter described, to with the ri to excavate and reconstruct said sewer line as ma be re in future y ears and further the ri to remove obstructions interferin in the location, construction and maintenance of said sanitar sewer line. That said permanent easement and ri located in the Cit of Oak Park Hei Count of Washin State of Minnesota, is described as follows, to-wit: See EXHIBIT "A," which is attached hereto and b this reference made a part hereof. TO HAVE AND To HOLD, said easement unto the City of Oak Park Heights, Washington County, Mm* nesota, 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 having unrestricted marketable title thereto. In fixrther consideration for the grant of this easement the city of oak Park Heights shall take over the ownership, management and control of the sanitary sewer line operating same as �vith any municipal utility and. provi for its maintenance, repair and replacement a with any municipal utility. Should the grantor, its heirs or assigns ever construct a replacement roadway over and above the easement area it shall provide the City with 90 days advance notice thereof so that the City may determine if it is feasible or desirable to take that opportunity to replace the sewer line at the same time. Should Grantor fail to give such notice any subsequent replacement/repair implemented by the city shall result in the road surface being restored by way of patching of bituminous surfaces consistent with city public works practices. This easement shall only become effective upon execution by both parties and recording in the office of the County recorder, Washington County Minnesota. IN WITNESS WHEREOF,, the said parties have caused this instrument the day and year first above written. PINE GROVE GLENS ASSOCIATION A MINNESOTA NONPROFIT CORPORATION By* Its: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) r On this � "("""day of w: 2009, before me, a Notary Public, within and for said ' , to me personally known, County and State, personally appeared ry �.�� �� �. ��� �.: :._�� � � � who being nee duly sworn did say that (Ishe is the �� �� j ." ' �$ ct C. � � - of PINE GROVE � y Y Y GARDENS ASSOCIATION a Minnesota nonprofit Corporation, named in the foregoing instrument, and that said instrument was signed on behalf of PINE GROVE GARDENS ASSOCIATION, by authority of its Board of Directors and said acknowledged said ' , I .., to be the free act and deed of said limited liability company. _ -. � �.... ''�..- C - .a.. �,r� s� . �i. �•_'R � �_ -. Notary � •ate � �!: IN PRESENCE OF: STATE OF MINNESOTA ) )ss COUNTY OF WASHINGTON ) PARTY OF THE S PART: CIZ il= kr Its ° Ma • •i•} � �.� 4 �Y ftr` .tr X ■r RX- rS- KK 6 f ` Erie �. Johnson Its t: Clty Administrator z 4 S a� On this )_)f . _ . , 2009, before me, a Notar Pu blic, in and for said County and State, appeared David Beaudet and Brie . Johnson, to me personally known, who p a bemn b me first duly sworn, did say that they are respectively the Mayor and Adm of the C it y � 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 JENNIFER M. PINSK[ NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2012 EXHIBIT A PROPOSED LEGAL DESCRIP TION A 30.00 foot wide strip of land over, under and across the following described property: OUTLOT A, PINE GROVE GARDENS, according to the recorded plat thereof, on file and of record in the Office of the County Recorder, Washington County, Minnesota. The center line of said strip of land being described as follows: Conunencing at the, southwest corner of said OUTLOT A. PINE DROVE GARDENS 5 thence North 01 degrees 52 minutes 14 seconds East (bearings based on the recorded plat of PINE GROVE GARDENS), along the west line of said OUTLOT A, a distance of 135.83 feet to the point of beginning of the centerline to be described; thence North 89 degrees 48 minutes 09 seconds East a distance of 240482 feet; thence Forth 89 degrees 13 minutes 15 seconds East a distance of 138.17 feet to a point on the east line of said OUTLOT A which is 135.91 feet northerly of the southeast corner of said OUTLOT A, and said centerline there terminating. The sidelines of said 30 foot wide strip of land are to be prolonged or shortened to terminate at said west and east lines of OUTLOT A, PINE GROVE GARDENS. 7 a m c GO w A� q� 1 f 00 a Z P -4 °off �U4P� sN30VO 3AO�D 3NId d j01n0 1 a.ull 150M 'JA V Q 0 © [f) o W c .a 0 0.)� W Ch 0 Q 41 0 a V) a W a 0 U W 7 W to d rn N w q ti O •� U N D : O w s W u 4 to 0 r 0 v a SW(INVO 3n0W 3N3ci V j01n0 ;0 aulj }s03 c� 16'c-;!2 l .3,,* t.n. ION --. ti 0 m w r - - r r.r 0 8Z 00'BZ 00'8Z - DQ'6Z CN r2 0077 � a a S , 4t 16 ww a r 0 0 �► "tl H I on � 0 v b •41RZ 00'BZ 00'SZ v Ho I y ° o � tij 0� k U R < 11 y3�„ 1+4 w Qd cam v ° $ `� ❑ o Q 0 CA � r 24, 0 . -e 4-9 bo In m 44 Z. ++ Q G PA W `p M w a E\ Off] 'CS (� v ry� rAi� u W U u w � � Ci 1011, co a _ • d •!? �!.� H iV�J � •� N Fi ( ❑ � lu] M17 � FM � PS . w y •� V �y I O , c n n K3 u' a C7 0 D� 7.� U'cs�w,,3 � w C14 r w - O \ 0 _ u7 N W x Ui a C?] sN30VO 3AO�D 3NId d j01n0 1 a.ull 150M 'JA V Q 0 © [f) o W c .a 0 0.)� W Ch 0 Q 41 0 a V) a W a 0 U W 7 W to d rn N w q ti O •� U N D : O w s W u 4 to 0 r 0 v a SW(INVO 3n0W 3N3ci V j01n0 ;0 aulj }s03 16'c-;!2 l .3,,* t.n. ION --. ti - - r r.r - - - -- °--- --,- -- - --- S 8Z 00'BZ 00'8Z QD'9 DQ'6Z D0'ZF � 0077 � a a Mo 16 a r 0 0 •41RZ 00'BZ 00'SZ 00 QO'SZ OU'ZF z 0 0 OQ'ZL x � r 00'ZL 0 i N I � w a E\ � rn 00' w � � 1011, co C Q) 1 DD'ZL 0 rA I O , c n n K3 u' a N 007L D� 7.� 0 DD2L C14 r w - O \ 0 (J Cy u7 N W x Ui a C?] p c Cc x� OOIZL 1 Cd m _� c ti z Cq ❑ L t I r•� \ - 00 2L I 0 00'ZL 0 R �1 N cd co t3{}ZL k p I 0 00'ZL Sl 00 1 r N 007L � �. \ flOZL 3„- l,Z9J0N �. sN30VO 3AO�D 3NId d j01n0 1 a.ull 150M 'JA V Q 0 © [f) o W c .a 0 0.)� W Ch 0 Q 41 0 a V) a W a 0 U W 7 W to d rn N w q ti O •� U N D : O w s W u 4 to 0 r 0 v a THIS INSTRUMENT DRAFTED BY; Mark J. Vierl%ng ECKBERG, LAMMERS, BRIGGS, WOLFF & VIER LING, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 550$2 (651) 439 -2578