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Home My WebLink About2004-07-22 WC Recorded Document #3455168 (aka 1147388)IN TRANSFER "COPM WAS ENGTON . G�a I -M% - I D _. - I—— - PR MOLLY *F&R I kEA A S LTtA a y A 11*7 V , 3455168 I 1111111111 111111111 Office of the County Recorder Washington County, MN Certified filed and /or recorded on: 2004/07/22 10:43:00 A 3455168 Cindy Kaosmann County Recorder I By. NON EXCLUSIVE EASEMENT FOR DRIVEWAY AND SIGN PURPOSES 1147388 IIIIIIII IIIIIIIII I II h IIIIIIIIIIIIIII II NegRe�nr o �Titles Washington County, MN Certified filed and/or recorded on: 2004/07122 10:39:00 AM 11 47388 Certificat : 44776 Book #: 143 Pe a #:4 Cindy Kaosmann Registrar of Titles By: Aj 0010", This indenture made this day of VA 2004 by and between the CITY OF OAK PARK HEIGHTS, a municipal corporation organized under the laws of the State of Minnesota, Grantor, and THE SHPPES OF CAIN PARK HEIGHTS, L.E.C., a limited liability corporation, Grantee. WI NESSETH: WHEREAS, the above - named Grantor is the owner in fee simple of read estate described as Outlot A. WAL- 1ART ADDITION, Washington County, Minnesota; and, WHEREAS, that in and for consideration of the sun. of One Dollar ($1.00), Grantee's conveyance of the watertower parcel to Grantor, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor has this day bargained and sold and by these presents does hereby bargain, sell and transfer unto the Grantee, its successors, heirs and assigns, the following: A perpetual nonexclusive easement that runs with and benefits Dots I and 2. Block 1 , ThQ Shoppes of Oak P Heights, for the use, construction, repair and maintenance f or driveway access, and for the construction, repair and maintenance of a sign, with the right t enter upon real estate hereinafter described at any time that the Grantee may see fit and construct, maintain and repair (1) a driveway access and (ii) sign over and across the lands hereafter described. The driveway access shall be coordinated with the Grantor's location of public trails and pathways which may intersect the driveway access from both northerly and southerly directions and shall not obstruct, but be coordinated with such public trails and sidewalks. Grantor also reserves all rights relative to subsurface location of utility lines for water, sewer storm sewer, or other municipal utilities. Grade elevations on the driveway access shall be sub. ect to the approval of the Grantor through the offices of the City Engineer. That said perpetual nonexclusive easement for driveway purposes as located within the City of oak Park Heights in the County of Washington, State of Minnesota, is hereby described as follows, to -wit: A non - exclusive, perpetual easement for ingress and egress purposes over, under and across that part of Outlot A, WAL -MAIN ADDITION, Washington County, Minnesota, described as follows: Commencing at the south corner of said Outlot A; thence North 1 degrees 52 minutes 03 seconds west, assumed bearing, along the west line of said Outlot A a distance of 121.94 feet to the actual point of beginning; thence continuing North 1 degrees 52 minutes 03 seconds west along the West line of said Outlot A a distance of 50.04 feet; thence South 89 degrees 33 minutes 51 seconds East a distance of 24.07 feet; thence easterly 77.96 feet along a tangential curve concave to the southwest having a radius of 100.00 feet and a central angle of 44 degrees 40 minutes 04 seconds; thence South 44 degrees 53 minutes 48 seconds East a distance of 15.58 feet more or less to the East line of said Outlot A; thence southwesterly along the East line of said Outlot A a distance of 60.06 feet on a non - tangential curve concave to the southeast having a radius of 380.00 feet, a central angle of 9 degrees 03 minutes 22 seconds having a chord which bears South 45 degrees 09 minutes 54 seconds west; thence North 44 degrees 53 minutes 48 seconds West and not tangent to said curve a distance of 25.63 feet; thence westerly 38.98 feet along a tangential curve concave to the southwest having a radius of 50.00 feet and a central angle of 44 degrees 40 minutes 04 seconds; thence North 89 degrees 33 minutes 51 seconds west tangent to said curve a distance of 7.83 feet more or less to the point of beginning. ( "Driveway Easement ") 0j, That said perpetual, nonexclusive easement for sign purposes, as located within the City of oak Park Heights in the County of Washington, State of Minnesota, is hereby described as follows, to wit: A sign easement lying over, under and across that part of Outlot A, WAL -MART ADDITION, Washington County Mi nnesota, described as follows: Commencing at the south corner of said outlot A; thence North 1 degrees 52 minutes 03 seconds West, assumed bearing, along the West line of said outlot A, a distance of 171.98 feet; thence South 89 degrees 33 minutes 51 seconds East, a distance of 24.07 feet; thence easterly 57.05 feet along a tangential curve concave to the southwest having a radius of 100.00 feet and a central angle of 32 degrees 41 minutes 06 seconds to the point of beginning; thence North 47 degrees 25 minutes 48 seconds East, a distance of 22.20 feet; thence South -+4 degrees 53 minutes 46 seconds East, a distance of 37.55 feet more or less to the East line of said outlot A; thence southwesterly 20.12 feet along a non - tangential curve concave to the southeast having a radius of 350.00 feet and a central angle of 3 degrees of minutes 59 seconds having a chord which bears South 51 degrees 12 minutes 41 seconds West; thence North 44 degrees 53 minutes 48 seconds East, not tangent to said curve, a distance of 15.58 feet thence northwesterly 20.91 feet along a tangential curve concave to the southwest having a radius of 100.00 feet and a central angle of 11 degrees 58 minutes 58 seconds to the point of beginning. ( "Sign Easement ") The Driveway Easement and Sign Easement are also depicted on the sketch attached hereto and incorporated herein as Exhibit A. The sign located with1*11 the ►S`i��i Easement area shall be constructed as identi zed on Exhibit B. All landscap around the sign shall be designed and maintained under 3 feet in hei�lzt to enhance visibility for traffic u • p oses as well. Final designs ns o ttlie landscy2t'ng and au uture re laceine'r-its of the Si n shall be subject to the approval of tlae City of Ouk Park Heights.. That the Grantor does hereby covenant with Grantee that it is lawfully seized and possessed of the real estate above - described, and that said real estate is unencumbered. It is understood and agreed that the Grantee will restore the lands to as good or better condition as it Was prior to the time of any excavation. for the construction of the driveway 3 or si and restore an connections to public trails and sidewalks that become dama in the process of locatin or constructin Grantee's drivewa It is further a and understood that the Grantee will forthwith resod all areas where necessar on said lands from which it is necessar to remove or dama the sod thereon durin the process of the construction and location of their drivewa It is further a and understood that this Easement shall not be modified or amended without the express written consent of both the Grantor and the Grantee. It is further a that this Easement ma be executed in one or more counterparts, each of which shall be deemed an ori but all of which shall constitute one and the same instrument. Si on this A delivered b facsimile or telecopier shall be considered ori si for purposes of effectiveness of this Lease. IN WITNESS WHEREOF, the parties have caused this instrument to be executed and dated on the date and y ear first above-written. STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON) On this 441 da of 2004, before me a Notar Public, within and for said Count personall appeared Ravi l Beaudet and Eric Johnson, to me personall known, bein each b me dul sworn did sa that the are respectivel the Ma and the Administrator of the Cit of Oak Park Hei the municipal corporation named in the fore instrument and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was si and sealed on behalf of said municipal corporation b authorit of its Cit Council and said Ma and Administrator acknowled said instrument to be the free act and deed of said municipal corporation. ■ JULIE R. JOHNSON NOTARY PUBLIC - MINNESOTA WASHINGTON COUNTY My Comm. Expires Jan. 31, 2005 STATE OF MINNESOTA ss. COUNTY OF I.d( 11v Notdr Public THE SHOPPES OF OAK PARK HEIGHTS, L.L.C. B Its P +. . �`A ,,-- k On this Qd-a of ore me a Notar , f' —,2004,be Public within f and for said Count personall appeared Ja Scott, to me personall known, bein dul sworn did sa that he is the President of THE SHOPPES OF OAK PARK HEIGHTS, L.L.C., , named in the fore instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was si and sealed on behalf of said limited liabilit compan b authorit of its Board of Gov erno-1-s and said Ja Scott acknowled said instrument to be the free act and deed of said limited liabilit compan This Instrument Drafte Mark J. Vierlin ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 Notar Public KAREN L BLIFTON N NOTARY PUBLIC -- MINNE MY COMMISSION EXPIXPI RES 1/31/2008 EXHIBIT A Ex 4i#6 f'T 1 EXHIBIT B 0 0 x 0 ""rtt tt� �e S e€ lit V►