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HomeMy WebLinkAbout2010-02-26 Perpetual Easement and Agreement -WC Doc. 1197439 -Receipt#: 125600 EAS 40 00 CRV Not Required Transfer Entered Exempt From Tax Return to CSM FINANCIAL LI C 500 WASHINGTON AE SO S TE 30 MINNEAPOLIS MN 554 35 PERPETUAL EASEMENT AND AGREEMENT l etum To: 46.00 1197439 Certified Filed and/or recorded on: 2126/2010 1 2-31 PM 1197439 Certificate : 62084 Office of the Registrar of Titles Property Records & Taxpayer Services Washington County, MN Kevin J Corhid, County Recorder ++xw•.w � _ DEPUTY Office of County Recorder ' SS as1iingt fn County. Minnesota 1 hereby 1'xNi inv'rurent 1." flied at loll "''# �: ' ... `:�` bar ra - ,, , rw o Js at r ( . _ r ., and was d !y recorded in ashr 'n Cron; •cords. I love hereunto set my hand ard �.`:� ; ; + c� [c; ^I �'}. •n 1� in said ceuni; i."�: � ?�, K fir' p • I ENTERED IN TRANSFER RECORD SHINGTON C I TY, MINNESOTA M O L ` , K , T D# 1 T R A1. ,% f... ! 1 L � 3 : 1 1•'fc' 3 y ' • { k '� / F � „ a: _ 41" r) .:.- i '� r 1 i • i • t f , i t • + w a ' . PERPETUAL . 4 i• i EASEMENT N AGREEMENT REEMEl 3593594 II1IIii Milli! • Office of the County Recorder Washington County, MN THIS INDENTURE, URE, made this Z of June, o, by and between CSM EQUITMS, L.L.C., a Delaware are limited liability company " SM" of th first part; party pa.r�� rid the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, party of the second part. WITNESSETH: \AREAS, C M is the owner in fee simple of the real estate described as the West 300.00 feet of the East 1013.00 feet of the North 32500 feet of the Northeast u rter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington gt County, Minnesota, as measured at a right angle to the East line and the North line of said Northeast Quai of the Northeast Quarter, Washington County, Minnesota (the "CSM Parcel"). That for and in consideration of the sum of One Dollar } 1. and other ood and valuable consideration, the receipt of which is hereby acknowledged, CSM has this day bargained �ned 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 non- exclusive easement for street, drainage and utility purposes, g including city water, storm sewer and sanitary sewer purposes with the right to enter upon that CertIlled filed IRd!or recorded on: 2006106/29 1:40:00 PM 3593594 Cihdv nou nstim Gounri Ai Undit portion of the CSIvi Parcel hereinafter described at any time that the City of Oak Park Heights may see fit, for the purpose of maintaining and/or constructing said street and/or for the purpose of maintaining, operating, repairing or replacing said city water, storm sewer and sanitary sewer lines, over, across, through and under that portion of the CSM Parcel hereinafter described, together with the right to remove (without compensation to the owner) tees, bushes, undergrowth and other obstructions interfering in the location, construction and maintenance of said rights- of-way and/or municipal utilities. That said easement and right -of -way located in the City of Oak Park Heights, County of Washington, State of Minnesota, is described as follows, to-wit: EASEMENT I SC .IPTI I A perpetual easement for public right -of -way, drainage and utility purposes over, under and across that portion of the CSM Parcel described as follows: Commencing at the northwest corner of the East 1 013.00 feet of said Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, as measured at a right angle to the east line of said Northeast Quarter of the Northeast Quarter; thence South 01 degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof a distance of 35.24 feet to the south right of way line of Trunk Highway No. 36 between boundary corners 1314 and B33 as shown in Minnesota Department of Transportation Right of Way Plat No. 82-95, which is the point of beginning for the easement to be described; thence continuing South 01 degree minutes 14 seconds East along said West line 1 85.00 feet; thence North 12 degrees 36 minutes 38 seconds East 52,32 feet; thence North 01 degrees 52 minutes 14 seconds West 81.84 feet; thence northeasterly a distance of 80.49 feet along a curve concave to the southeast and tangent with the last described line, said curve having a radius of 50.00 feet, a central angle of 92 degrees 14 minutes 03 seconds; to the terminus of s aid curve on the south right of way line of Trunk Highway No. 36 between boundary comers B14 and B33 as shown in Minnesota Department of Transportation Right of Way Plat No. 82-95, Washington County, Minnesota; thence North 89 degrees 38 minutes 11 seconds West, along said south right- of-way line, also being the tangent for said curve, a distance of 65.08 feet to the point of beginning. (Certificate of Title No. 62084) ED No. 05-029-20-11-0042 ( as depicted on Exhibit A attached hereto and made a part hereof) 2 TO HAVE AND TO HOLD, said easements and street right -of` -way unto the City of Oak Park Heights, Washington County, Minnesota, its successors and assigns, forever. CSM does hereby covenant with the City of Oak Park Heights that it is lawfully seized and possessed of the real estate above described. 114 WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. CSM EQUITIES, L.L.C. Joel [.. Manager otaty Public Notary Stamp: STATE OF MINNESOTA ) } COUNTY OF HENNEPIN ) ss The foregoing ins '- g instrument was acknowledged before me this .� day of June, 2006, by Joel L. Rietz, as Manager of CSM Equities, L.L.C., a Delaware limited liability company. JEAN M R BY NOTARY PBUG - MINNESOTA My Corn:mission Eames Jo, 31, 2010 PARTY OF THE SECOND PART: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) MARK J. VIERLt C NOTARY PUBLIC • MINNESOTA lay Commissian Epolis Jan. SI, 010 THIS INSTRUMENT DRAFTED B : Mark I. Vierling ECKBERG, LANIVIERS, BRIGGS, WOLF WOLFF & VIERLING, P.L.L.P 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439 -2878 4 CITY By: David Beaudet Its Mayor Notary Stamp seal On this day of , _, 2006, before me, a Notary Public � � ' in and for said County and State, appeared David Beaudet and Err . son, me personally known, who being by me first duly sworn, did say that they e r s eeti - the Mayor and Administrator of the City of Oak Park Heights, by authority o e City Cs rt. cil of the City of Oak Park Heights, and said Mayor and Administrator aewled; - said is: • ent to be the free act and deed of said City cif Oak Park Heights. HEIGHTS Deft /ft Owhad MP 7 ....., ,.. ........ Err.. OF i STATE ▪ I ▪ r I Thom ar FAT 1013 FAT 1•#1 H WA 1T' of THE le 1/4 CIF Nt NE IT SM. IN VW UM Cr NM DOT R M.At loo. i2-03 rrx t — oar`W wot ,rt 501 ' ' 35.24 ' c # '11 - --- 65.08 !i( 6 0 0 ui no .1: 4 1 F ii * LL t ■ ry EASEMENT AREA DETAIL O ti l • THE PROPERTY NOT TO SCALE EXHIBIT A OAK PARK HEIGHTS, MINNESOTA TA hir CO. FEC.. S T. s. 1. NAEHINCTIN CCONTY ROO 34 OYU WEN l}- 0 25 50 100 SCALE IN FEET I 3tNEQ otianxraalTtl p aiit Ali{ � LI pis