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HomeMy WebLinkAbout2002-05-28 CA Ltr to Applicant AttorneyMJVidcb Enclosure LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vier ling, P.L.L.P. 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 FAX (651) 439-2923 James F. Larrimers Robert G. Briggs * Mark J. Vierling •4- Thomas J. Weidner • -Susan D. Olson + David K. Snyder Timothy M. Kelley Sean P. Stokes Ms. India W. Boulton Mr. Jeffrey D. Carpenter Rider, Bennett, Egan & Arundel 333 South 7 Street Suite 2000 Minneapolis, Minnesota 55402 Dear Ms. Boulton and Mr. Carpenter: CC: Kris Danielson Writer's Direct Dial: (651) 351-2118 May 28, 2002 Yours ve M k J. Vierling Paul A. Wolff (1944-1996) Lyle J. Eckberg Of Counsel •Qualified Neutral Arbitrator *Certified Real Estate Specialist +Qualified Neutral Mediator MAY 3 1 2002 Re: Stillwater School District Application for Amendment to Conditional Use Permit and Variances Your File No. 16981-102 Our File No. 01501-9695 Drainage and Utility Easements have reviewed the work of Sunde Land Surveying as it affects the location and description of the easements to be located on the high school playing field. 1 have taken that work and incorporated it into a Public Drainage and Utility Easement agreement for review of Independent School District 834 and you, their counsel. 1 am enclosing a draft for your review and ask that you complete that at your earliest convenience and get back to me with your cornments, if any you have. If the document as prepared is acceptable to you, please proceed to have it authorized and executed by Independent School District 834 and forward the signed copy there f to this office, whereupon we shall secure the City's execution of the easement orrecord it agaitfst the real estate title. truly, Return to: Eckberg Law Firm Attn: Mark J. Vierling 1835 Northwestern Avenue Stillwater, MN 55082 PUBLIC DRAINAGE AND UTILITY EASEMENTS AND AGREEMENT PUBLIC DRAINAGE AND UTILITY EASEMENTS AND AGREEMENT THIS INDENTURE, made this day of , 2002, by and between INDEPENDENT SCHOOL DISTRICT No. 834, a public school corporation under the laws of the State of Minnesota, party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a Minnesota Statutory City, party of the second part. WITNES SETH: WHEREAS, the above -named party of the first part is the owner in fee simple of the real estate hereinafter described, a description for which is annexed to this document as Exhibit A. 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: Perpetual easements for public drainage and utility purposes with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines, equipment, materials, or other items for public drainage and utility purposes, for the purpose of maintaining, repairing or replacing the said public drainage and utilities 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 drainage and utilities, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public drainage and utilities. Further this right of entry notwithstanding, the responsibility for maintenance, expense and repair of the easements and all drainage and utility facilities thereon shall remain solely with the Grantor, INDEPENDENT SCHOOL DISTRICT No. 834, who shall indemnify and hold the City of Oak Park Heights, harmless thereon. That said public drainage and utility easements are located on the grounds of the Stillwater Area High School as the same is located in the City of Oak Park Heights, County of Washington, State of Minnesota, and are described as follows, to -wit: See attached Exhibits B and C. TO HAVE AND TO HOLD, said perpetual easements 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. (THE BALANCE OF THIS PAGE IS LEFT BLANK INTENTIONALLY) 2 IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTY OF THE FIRST PART: INDEPENDENT SCHOOL DISTRICT No. 834 By: Witness Its By: Witness Its STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 2002, before me, a Notary Public, within and for said County and State, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the and of INDEPENDENT SCHOOL DISTRICT No. 834, a public school corporation under the laws of the State of Minnesota, Grantor. Notary Public 3 IN PRESENCE OF: PARTY OF THE SECOND PART: Witness STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) THIS INSTRUMENT DRAFTED BY: Mark J. Vierling Attorney at Law ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (651) 439 -2878 CITY OF OAK PARK HEIGHTS By Its Mayor By Witness Its Administrator On this day of. , 2002, before me, a Notary Public, in and for said County and State, appeared and , 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, who executed the foregoing document 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 4 Ehat'patt of the Northr t quarter of Section 6, Toxnahi 1 North, Range 20 West, Washington Coun:iy., Hinnesota, deh__ibed as follows) Beginning at the Northeast corner of t1te South 496,00 feat of sold Northeast. Quarter, as mennurnd at a right angle lo tho South line of said Northeast Quarter; thence South Ag { degrees 45 minutoa 42 seconds Weat, assumed bearing, along said North line 2342.42 fast to the mentor line of Trunk Highway 5, As presently loent;ed and traveled: thence North 34 degrees 17 minutes 12 seconds East along said center lino 536.45 feet; thence South 55 degrees 42 minutes 48 Seconds East 278.00 feet to the North line of the Sou . of said Northeast quarter, as measured At a tight an 1e to said South [h 771.07 feet dagKOes 45 minutes 42 seconds Ea,t. along s aid North g o �t line; thence North 88 said Kort�tea�,t Qu4i�ter� thence South �� lino 1800.79 feet to the Ilea;; line of South 02 degrees 00 minutes 03 seconds Loot along 'aid East line 275.07 feet, more or lona, to the point of beainntn , containin lens, g g 14.79 sexes, Mora or Subject to Trunk Highway 5 along the Northwesterly 70,00 feet thereof rn$triatiottn and oaaematitn of record, and subject to Together with an easement for the purposes of construction, Lunt/Illation, maintenance and repair of utl.litins under, upon and over the E+liotorly 30 .feet, as manrur ©d at ri g ht an 16. to the Easterly lino thereof of the following described property= 6 That part of the Northeast quarter of Section 6, Township 29 North, /tango 20 Kest, Washin ton County, Hinneaotn, dencribed an fol1own t g Beginning at the Northeast corner of the South 771.07 feat of said Northeast quarter, es measured fit a right angle to the South line of said Northeast Quarters thence South 88 degrees 45 minutes 42 seconds West, assumed bearing, along said North line 1800.79 feet;; thence North 55 degrees 42 minutes 48 second* West 278.00 feet to the center 1it►e of Trunk Highway 5, as presently located and traveled; thence North 34 degrees 17 minute, 12 seconds Eaatatr along said center Line 1165.28 feet to the South line of the North 601 feat of said Northeast Quarter as ;treasured at A right Angle to the North line of maid Northeast Quarter; thence North 09 degrees 54 minutes 56 n couda East along said South line 1353.19 feet to said Host lino of the Northeast quarter! thenan South 02 dogrnae 00 minutes 03 second■ Rest along said East lino 1017,.03 feet to the point of beginning, containing 41.20 acres, more or less. Subject to Trunk Highway 5 along the Northweaterly 70.00 feet thereof and subject to restrictions and easements of record. AND That part of the Vest Half of the Southiires t uarter o the 8auttieast Quarter of Section 6, R f Section 5, that part of Southwest Quartet that part of tie Northeast Quarter of the Ruartet of said Section 6, that part of the Southeast o Northwest Quartet; of maid ter tion 6 and that art of the Q f the said Suction 6 all in Township 29 North, Range 20 Went, Nartttae,t Quarter of Htnnnnota, described as follows; S t, Washington ()aunty, Commencing at the flouLhneat cornier of sold Want Half of tiro Sot►iitwemt quarter of Section 5; thence North 01 degree 40 mtr►utoe 09 ueebnda Wrist, naarutttod bearing, along the Ens; line of said Went half of the Southwest quarts;; a d 11 ri:re 1733.20 feet to the point of beginning; thence South 89 degrees 50 trtntit n 41 seconds West parallel With the South; line of geld Vent Southwest st distance a distnce of 1.32 ,.19 feet to the 1leaterl li� a Half of the nut:we Southwest quarter; � Y p of sei,d feat Half of the thence South 88 degrees 54 minutes 15 seconds Went a - a with the South line . of maid Section 6 a l distance . of 3332,47 fast t 4 a �. .t lino of Old Trunk l�igli�ny' 212 as �.located � , o trig Center add traveled itt 1923; thence `Nartrh 33 degrees 26 minutes 30 sepondn gnpt s 12 sees ,aloe s aid oe No tai 34 de�rags 17 mitiut: � rtter lino 996.03 feat; thence to the North line of said ads goat along said neater line 1110.41 fast: c Northeast quarter af, the s Southwe 't uarter; t South 00 degrees 45 minutes 42 seconds West tanner nni 1 u....�.t. 1.__ .. �... ,, thence EXCEPT that part thartof being the tract tJescri—id in Document to 468927 recorded and on file i.n .tho office of the County Recorder, Washington County, Minnesota, Subject to Trunk Highway 5 along the Northwesterly lime thereof. The total area of this parcel is 118.00 tiaras, more or loss. Subject to restrictions and easements of record and subject to n drainage and pending en bemont over that part of the Vorthenst Quarter of Section 6, township 29 North, itantg© 20 Went, Wanhin ton County, Hit#nenota lying Easterly of the Easterly right of litre Trunk Highway 5 daaoribod an follows; Commencing at tha intersection of center line of nntd Trunk Highway 5, as pruriently tra veled, and she South line of the North linif of said Section 6, thence North 34 degrees 17 minutes 12 seconds Enat., assumed hearing, along said cantor lino 208.70 Coot to the point: of beginning: thonce South ;t 55 c1ngraos 42 minutes 48 necoitds Mast 05 , 00 f e t thence South 1i dogrnon l t2 mini Eant 115.00 foot; thence South 04 dnitrnen 42 minutes /i8 nonoiidn rant 110.00 fact; thence North 00 dogreaen 21 minutes 42 seconds Ennt 240.93 feet; tt►enne North 35 dogrefs 42 minutes 40 seconds Went 125.00 feet to naid ceritor lino; thence South 314 degrees 17 minutes 12 seconds West along said minter line 104.00 feet to the point of beginning, con t:aitiLi g 0.71 acres; more or inns. MW Outlet 'A' and Outlot ° II' , Kern's Education Addition, as platted and on file and of record in the Office of the County Recorder of wi.shurigion County, Minnesota. EXHIBIT "B" Q 05/23/02 THU 16:10 FAX 612 340 7900 ff CD - - s ' a - ■ , ,.° - . ,° n - - . . ) • . . . - , ) t D . ' 4 0 :2 .. ,.." 4° ,i., . - 7 ..., , _._ 5(a) ifs : ( jo r ,) i z� , 4 � ,cD 5, t` ❑ �w to 0 c - co o c) c -- 4' 6" co b < a '.�, -{ • - C -, rp r p D in '' -- O.. q D V) 0 CD f.--1-- ,.. ' C.' g 3- Lc' 2 ,..f ,....'" 0 ' dz 2 n t° pd..'" 2, -4 1 — :,, . 0 : 5 : cD : — — 4- cl, I: (4 r ei "-' rD ,... cg. -5; ii ,,--,: .l.. ❑ i o tD +-� n 3 C] c r ... 9 ' "� iii y ---t- tp 0 i 0 N.) C 1 ,, mu g c, +++.� {U tt� .-- ow 2 e1 2 a 5 4 ,,,,... ;c ! \ _ y.,..) 5 _ o ro co CA CD 5 - hr 0 Li 5 ..-- 0 ' CD .11 iz : ....a. . 1-n o N., (:).. i'-z"b u1 ..--i : _ , ez ; ,... 6 :: po U)(1) '4.)*- 8 ? " I'C' 0 CD -4. tt ti) 2 s .,, 7 ,_ c cii =- ... „ - . 2, „,<— (i) ut .45:. , e 0- 0 0 — . 2 - (9)d- w cb 2 -- °- ' : ,,_ 32: 5 ., 5 -P■ ° ° F-1- —T r a) a -,0 6 0 ' `� ' W e a , ,... 0 „0 5 - op tc, ..., vl _ 14;) n al. 0 ., ,O ' tz CI cy - co to CD o t.0 ") 8 4 _ .� 0 e0 Q � -4 rip C3 O -, 4 _ Cif -, (-4 Q a - - ,, .-+ 5 a - C 4 V3 ,a [€r 0 0 ... = D n Ut 0 0 cD 0 cn 0 1 PatV vati F j a ►..I'!. L Wyk ! SCALE: 1 Inch 50 Feet RIDER BENNETT r -144 z rrl m 0 NORTH 18.E 16' '. 0 -31 ,, — c_. ri '.- -4. 6. -:..- ?lid. -p , ,,,e. .%..4., ,".\-,- ,, .„,4,4) / < 0 , 4Re r, rr 6,r,, ..‘. ci L f1�" a w h►'fp� !.0 7 ....511 ;; x'1.,1 Y r WEST_ fr ti 9 ■ 8 • , cit si 4' J J � • - i -I RCP RCP ST f T I - i ! J-51114kr . : 90' — . 4 WTb / 1.21 ' -: } Y! i ! t ` 1 i_t� i = + = - `a� -7 y i �••• L Z Y 1 r • • . � : > m cn z m C - - r 0 :2 W (4 2, z iii.Ahh . 1 ''' gi rii I' 1 i F: 4'4 ro. I N rsi iiii i .,.. ) % Ai% • FT. F A1N LINK FENCE dN CONC. BASE taci CP ST S s4 J003 OS/23/02 THU 16:10 FAX 612 340 7900 --226A tP 0 '40 1 p A - •••••••.6. • •••• — 1 EASEMENT SKETCH • ,- • .S8943 A 20.00 foot wide easement over under and across port of the Southebst Quarter of Section 6. Township 29 North. Range 20 West, Washington County. Minnesota. The centerrine of said easement is described as commencing at the northwest corner of Lot 1, Block 1, BLACKWOOD 3RD ADDITION. according to the recorded plat thereof, Washington County, Minnesota; thence on an assumed bearing of South 89 degrees 43 minutes 29 seconds West. along the westerly extension of the north line of said Lot 1, a distance of 1206.21 feet; thence North 00 degrees 15 minutes 31 seconds West o distance of 412_16 feet to the point of beginning of the centerline to be described; thence North 23 degrees 39 minutes 34 seconds West t:J distance of 121,26 feet and said centerline there terminating. 1..:71 c Ze n e fTh k- f r'N pi A / v RIDER BENNETT We hereby certify that this sketch, plan or report was prepared by me or and my instruction and that am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 23rd day of May. 2002 SUNDE LAN SURVEYENG PROPOSED STORM SEWER EASEMENT Mork S. Hanson, R.I.S. Minn. Reg.. No. 15480 1206.2/ WtY EXTENSION OF THE N LINE OF LOT I NW CORNER OF LOT I, BLOCK BLACKWOOD 3RD ADDITION 4 /-- v 4 : .4 I/ L • r 4 r r-,,--r-LeArA / 1 v ,)13 41] 002 11111 e and Surveying, LIC. 9001 East (B loomington Freewcy (5W) Suite 118 Bloomington, Minnesota 55420-3455 T2.9, R20, 5.6 20 0 1 226A01.DW6' 0,63P BuEiness: 9 52-881-2455 * FAX: 952-588-9525