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HomeMy WebLinkAboutUntitledr , , , 0 LAW OFFICES OF ill EeLberg, Lammers. Briggs. Wolff & Vierling. P.L.L.P. 1855 Northwestern Avenue 1 .lames I•. Lammers Stillwater, Minnesota 5508 Maul :�. Wolff RoLo11 rt G. I�r;5i*♦ (6 51) -159-2878 (191-1-1996) :N\ark .1. A ierlluss* ( )C ") I'.\\ (651) ;4.).>-_ )'_,) Lyle .1. [:ckber' Gregor,- G. Caner* t)tCoun..el Thornds •1. Weidner* Direct Dial No.: (651)351-2118 *Qualified N rutl'al .\rbitralor& \ledhalo,. Susan D. Olson* *Qualified Neutral Arbutrator David N. Snyder Ap ril 17, 2000 *(ert.f.e d Real F,tate sP ec.a f. .t Tanya L 1, uree •Qualtf■ed Neutral tedhator Registrar of Titles Washington County Government Center 14949—62nd Street North P.O. Box 6 C 0 FT Stillwater, Minnesota 55082 Re: Lots 3 and 4, Block 1, Wal-Mart Addition Dear Sir or Madame: Enclosed herewith for recording please find Easement for Roadway, Street, Bike Path,Public Walkway, Sanitary Sewer, Storm Sewer and Municipal Water Purposes as it affects the above-referenced property. It was necessary to resubmit this document to some of the parties due to incorrect notary verifications and, pursuant to instructions from your offices, the incorrect notaries have been "X'd" out. Also enclosed is this firm's check in the total amount of $22.00 for the recording fees and for preparation of an attest copy. I would request that the attest copy be returned to my offices as soon as possible. Thank you for your assistance in this matter and if you have any • questions regarding this matter,please do not hesitate to conta e. Your ery truly, V _ I Mark J. Vierling MJV/sdb Enclosure cc: Thomas Melena 1! 1 iii'ii t- 8 au H i • O p\if Return to: Easement for Roadway, Eckberg Law Firm Street, Bike Path, Public Walkway, Attn: Mark J. Vierling Sanitary Sewer, Storm Sewer, and 1835 Northwestern Avenue Municipal Water Purposes Stillwater, MN 55082 O • EASEMENT FOR ROADWAY,STREET,BIKE PATH, PUBLIC WALKWAY,SANITARY SEWER,STORM SEWER AND MUNICIPAL WATER PURPOSES THIS INDENTURE, made this f r. 'd a y of , 1999, by and between WAL-MART REAL ESTATE BUSINESS TRUST,a Delaware business trust whose principal place of business is 702 S.W. 8th Street, Bentonville, Arkansas 72716 with a mailing address of 2001 S.E. 10th Street, Bentonville, Arkansas 72712-6489 ("Wal-Mart"), party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota whose address is 14168 57th Street North, Oak Park Heights, Minnesota 55802,party of the second part. WITNESSETH: WHEREAS, Wal-Mart is the owner of that certain tract or parcel of land situated in the City of Oak Park Heights, County of Washington, State of Minnesota("Tract 1"); and WHEREAS, party of the second part has requested from the party of the first part and the party of the first part is desirous of granting to party of the second part a perpetual easement for roadway, street, bike path, public walkway, sanitary sewer, storm water and municipal water purposes more particularly described and depicted on Exhibit A attached hereto and made a part hereof ("Roadway Easement"); and WHEREAS, Retail Trust IV, a Delaware business trust ("Retail Trust") is the possessor of a leasehold interest in all or pat of that certain tract or parcel of land in the same city, county, and state identified as Tract 1, and consents to said easement; and WHEREAS, Wal-Mart Stores, Inc., a Delaware corporation ("Wal-Mart Stores") is the possessor of a subleasehold interest in all or part of that certain tract or parcel of land in the same city, county, and state indentified as Tract I, and consents to said easement. 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 party of the second part, its successors and assigns the following: A perpetual easement for roadway, street, bike path, public walkway, sanitary sewer, storm sewer and municipal water purposes with the right to enter upon the real estate hereinafer described at any time that it may see fit, and construct, maintain, repair and replace any lines, equipment, materials, or other items for public roadway and public walkway, for the purpose of maintaining, repairing or replacing the said public roadway and public walkway 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 - 1 - C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 • roadway and walkway, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public roadway and walkway. That said perpetual easement located in the County of Washington, State of Minnesota, is described as follows,to-wit: A perpetual easement for public roadway, drainage and utility purposes over, under and across Lots 3 and 4, Block 1, Wal-Mart Addition, Washington County, Minnesota, lying southerly of the following described line: Commencing at the southwest corner of said Wal-Mart Addition; thence on an assumed bearing of North 1 degree 52 minutes 03 seconds West along the west line of said Wal- Mart Addition 80.06 feet to the point of beginning of the line to be described; thence South 89 degrees 36 minutes 19 seconds East 40.03 feet to the southwest corner of said Lot 4; thence southeasterly along a tangential curve concave to the southwest having a central angle of 29 degrees 44 minutes 37 seconds, a radius of 550.00 feet and a chord bearing of South 74 degrees 44 minutes 00 seconds East to the south line of said Lot 3 and said line there terminating. Together with a perpetual easement 10 feet in width for public drainage and utility purposes over, under and across said Lots 3 and 4, described as lying between the above described line and a line parallel with and 10.00 feet to the left of said above described line and its southeasterly extension. Together with a temporary construction easement across that part of said Lot 3 which lies southerly of a line parallel with and 20 feet to the left of the first above described line and its southeasterly extension. TO HAVE AND TO HOLD, said perpetual easement and right-of-way unto the party of the second part, its successors and assigns,forever. The party of the first part does hereby covenant with the party of the second part, that it is lawfully seized and possessed of the real property above described. It is understood and agreed that no work shall be permitted within the roadway easement area during the period from Thanksgiving through Christmas. It is further understood and agreed that as to the area of the Temporary Easement the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for public walkway or any other purpose, and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that as to the Temporary Easement the party of the second part will forthwith re-sod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. -2 - C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 • • It is further understood that the party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. PARTY OF THE FIRST PART: / WAL-MART REAL ESTATE BUSINESS TRUST A • ► ST: a Delaware business trus ANL Q vii By: Ant on e L. Fuller OPV Title: Vice President PARTY OF THE SECOND PART: CITY OF OAK PARK HEIGHTS, MINNE"TA PRES NCE OF: l .l 11 By. Its ayor 4/,L)itiab By -- Its Administrator CONSENTED TO: . RETAIL TRUST IV • ATTE / by Wilmingto. i st C; pany �� ,a not '' ' in� jl�. . �acity, but solely as Corpor. e/w .., rustee By. Iii Name. ;.u.'•. 0 Title: Seni• r -3 - C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 0 • CONSENTED TO: WAL-MART STORES,INC. a Delaware corporation ATTE! : SA By: Kim Say • - Anth ny L. Fuller Assist.i ec ary Vice President CONSENTED TO: THE FIRST NATIONAL BANK OF CHICAGO ATT ST: as •rporate Indenture Trustee )1631ro, Somsrl Helmer Nam: G .11112p st Trust Officer Title: ;z , . -4- C:\DRWOOD\WINWORD\DOCS\#186I Utility Easement.doc 03/18/99 • • ACKNOWLEDGMENT STATE OF ARKANSAS ) ) § COUNTY OF BENTONN ) On this otsr"day of "\(\ min , 1999 befo e me, a Notary Public, in and for said County and State, personally appeared Anthony L. Fuller and JaeetI) , to me personally known, who being each by me duly sworn, did say that they are respectively the Vice President and of Wal-Mart Real Estate Business Trust, a Delaware business trust, named in the foregoing instru ent, and that said instrument was sign 9d on behalf of said trust by authority of its Board of Directors, and said Anthony L. Fuller and t m , ,ylerc,..J acknowledged said instrument to be the free act and deed of said trust. Notary blic (SEAL) Judy K.Joyc ,Notary Arkansas My Commission Expires: Benton iCounty, e6 3/1/2004 ACKNOWLEDGMENT STATE OF MINNESOTA ) ) § COUNTY OF WASHINGTON ) On this, day of , 1999, before me, a Notary Public, in and for said County and State, appeared Davi . Schaaf and Thomas M. Melena, 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, 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. ;``:• LISA NOTARY u�• r�s.� NOTARY PUBUC-MINNESOTA `' AhconflSSiQnExpire:Jan.31,2005 )4 Notary Public (SEAL) My Commission Expires: /-3/—OS- - 5- C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 • I ACKNOWLEDGMENT OF DELAWARE ) ' WC ) § COUNTY OF CASTLE On this Pit) day of pL,.., , 1999, before me, a Nota Public w' •' and or said County and State, personally appea;-d and s';+ tit` ` GERA to me personally known, who, being each b m• , 1 orn did say •: they are respectively the and theme Fm " e .r rust , by Wilmington Trust Company, not in its individual capacity, but solely as Corporate Owner 'ste-, •,med in the foregoing instrument, and that said instrument was signed on behalf of Ret.• - rust IV, by autho •- of its Board of Directors and said and IC." 1:4 M.GERAN acknow e.:-• said instrument to be the free act and deed of said corpor. '.n. (SEAL) Notary Public SU .1 NE M.GULA My Commission Expires NOTARY PUBLIC y p m-dy. 4l, J�'�Y 1�y Convriesiurt Expires Novemixte 21,198A ACKNOWLEDGMENT STATE OF ARKANSAS ) ) § COUNTY OF BENTON ) On this 3 rA day of ''-no,r h , 1999 before me, a Notary Public, in and for said County and State, personally appeared Anthony L. Fuller and 9'ti4ll , to me personally known, who being each by me duly sworn, did say that they are respectively the Vice President and of Wal-Mart Stores, Inc., a Delaware corporation, named in the foregoing instrument, and that said instrument was signed on behalf of said trust by authority of its Board of Directors, and said Anthony L. Fuller and acknowledged said instrument to be the free act and deed of said corporation. Notary kblic crrl- SEAL ( ) Judy K Joyce, Notary Public Benton County,Arkansas My Commission Expires:Nay Commission Ei pir a 3/1/2004 -6 - C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 • ACKNOWLEDGMENT STATE OF ) § COUNTY OF (1,40K ) On this 10- day of An' L. , 1999, before me, a Notary Public,within and for said County and State, personally appeared R. J. PRUNER and S. 1I L 3z a/k/a Somsr,i Helmer to me personally known, who, being each by me duly sworn did say that they are respectively the VICE PRESIDENT and the Trust Officer of The First National Bank of Chicago, not in its individual capacity, but solely as Corporate Indenture Trustee, named in the foregoing instrument, and that said instrument was signed on behalf of The First National Bank of Chicago, by authority of its Board of Directors and said VICE PRESIDENT and :Trust acknowledged said instrument to be the free act and deed of said corporation. o .ry Pu• it (SEAL) My Commission Expires OFFICIAL SEAL MICHELLE R IVY NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:01120/02 - 7- C:\DRWOOD\WINWORD\ROCS\#1861 Utility Easement.doc 03/18/99 • CONSENTED TO: RETAIL TRUST IV ATTEST: by Wilmington Trust Company Not in its individual capacity, but solely �,` As Corporate Owl -. Trustee 1 u y: if4A2fr Name: tf'fs� Title: S cp .t∎a — ACKOWLEDOMENT State of DELAWARE} County of NEW CASTLE j On this day of Febr t 1oYy , 2000,before me, a Notary Public, within and for said County and State, personally appeared ANN E.ROBERTS and Nyehaelei oiler j . , to me personally known, who, being by me duly sworn did say that they are respectively the ASSiStattVJGePI@$Iiient and the Financial Servjces 0clice4>f Retail Trust IV, by Wiln ington Trust Company, not in its individual capacity, but solely as Corporate Owner Trustee,named in the foregoing instrument,and that said instrument was signed on behalf of Retail.Trust.TV, by-authority of its Board. of Directors and saidAssistent Vice President .ad r--',na n c; J se rve ce s •ce i acknowledged said instrument to be the free act and deed of-said corporation. (SEAL) it •id + _ "IRA L.HENRY ' No . , Public NOTARY PUBLIC-DELAWARE My Commission Expires 44commissicit 4 2003 • • • CERTIFICATE I, Anthony L. Fuller; being duly sworn, depose and say that I am the Vice President of Wal-Mart Stores, Inc., a Delaware corporation ("Wal-Mart"), and I am authorized to make this certificate on behalf of Wal-Mart and; 1. Wal-Mart Stores, Inc., entered into a certain Lease dated November 1, 1994, ("Lease"), between Retail Trust IV, a Delaware business trust as ("Lessor") and Wal-Mart Stores, Inc., as ("Lessee"). The leased premises are located in Oak Park Heights,Minnesota. 2. Pursuant to the Lease, Wal-Mart has requested that Retail Trust IV, grant to the City of Oak Park Heights, Washington County, Minnesota an Easement for Roadway, Street, Bike Path, Public Walkway, Sanitary Sewer, Storm Sewer, Storm Sewer and Municipal Water Purposes ("Roadway Easement"). 3. Such grant of Roadway Easement will not materially reduce the Unit Value or its remaining useful life or cause the Unit to become Limited Use property. 4. No consideration is being paid for said Roadway Easement. Wal-Mart hereby acknowledges that its obligations pursuant to the Lease remain to the same extent as if the grant of the Roadway Easement had not been made. THIS CERTIFICATE is given to induce Retail Trust IV to grant the Roadway Easement, and the undersigned warrants that the statements given herein are correct. WAL-MART STORES, ► P. By: Ar An oily L. Fuller Of)\r Vice President Subscribed and sworn to before me, a Notary Public, this a3* 'day of o c cL , 1999. Public "t No Public `i Judy K.Joyce, Notary Public My Commission Expires: Benton County,Arkansas My Commission Eitplres 3/1/2004 • I CERTIFICATE I, Anthony L. Fuller; being duly sworn, depose and say that I am the Vice President of Wal-Mart Real Estate Business Trust, a Delaware business trust ("Wal-Mart"), and I am authorized to make this certificate on behalf of Wal-Mart and; 1. Wal-Mart Stores, Inc., entered into a certain Lease dated November 1, 1994, ("Lease"), between Retail Trust IV, a Delaware business trust as ("Lessor") and Wal-Mart Stores, Inc., as ("Lessee"), which lease was assigned to Wal- Mart. The leased premises are located at Oak Park Heights, Minnesota. 2. Pursuant to the Lease, Wal-Mart has requested that Retail Trust IV, grant to the City of Oak Park Heights, Washington County, Minnesota an Easement for Roadway, Street, Bike Path, Public Walkway, Sanitary Sewer, Storm Sewer, Storm Sewer and Municipal Water Purposes ("Roadway Easement"). 3. Such grant of Roadway Easement will not materially reduce the Unit Value or its remaining useful life or cause the Unit to become Limited Use Property. 4. No consideration is being paid for said Roadway Easement. Wal-Mart hereby acknowledges that its obligations pursuant to the Lease remain to the same extent as if the grant of the Roadway Easement had not been made. THIS CERTIFICATE is given to induce Retail Trust IV to grant the Roadway Easement, and the undersigned warrants that the statements given herein are correct. WAL-MART REAL EST USINESS TRUST By: Anthony L. Fuller �✓ Vice President U` Subscribed,and sworn to before me, a Notary Public, this a3 r day of r cL., 1999. Not.'∎ Public i Judy K.Joyce,Notary Public My Commission Expires: Benton County,Arkansas My Commission Expires 3/1/2004 • • EXHIBIT "A" A perpetual easement for public roadway, drainage and utility purposes over, under and across that part of Lots 3 and 4, Block 1, Wal-Mart Addition, Washington County, Minnesota, lying southerly of the following described line: Commencing at the southwest corner of said Wal-Mart Addition; thence on an assumed bearing of North 1 degree 52 minutes 03 seconds West along the west line of said Wal-Mart Addition 80.06 feet to the point of beginning of the line to be described; thence South 89 degrees 36.minutes 19 seconds East 40.03 feet to the southwest corner of said Lot 4; thence southeasterly along a tangential curve concave to the southwest having a central angle of 29 degrees 44 minutes 37 seconds, a radius of 550.00 feet and a chord bearing of South 74 degrees 44 minutes 00 seconds East to the south line of said Lot 3 and said line there terminating. Together with a perpetual easement 10 feet in width for public drainage and utility purposes over, under and across said Lots 3 and 4, described as lying between the above-described line and a line parallel with and 10.00 feet to the left of said above described line and its southeasterly extension. Together with a temporary construction easement across that part of said Lot 3 which lies southerly of a line parallel with and 20 feet to the left of the first above described line and its southeasterly extension. • r . 0 it , _____ ,, , ` .= C OWE LAW OFFICES OF —in ' 11 T R Echberg, Lammers, Briggs , Wolff & Vierli 2F.19 18335 Northwestern Avenue I./ James F. Lammers Stillwater, Minnesota 55082 y e , e •erg Robert G. Briggs** (651) 439-2878 Marl, J. Vier ling* Paul A. Wolff FAX (651) 439-2923 (1944-1996) Gregory G. Gaper* Thomas J. Weidner* Direct Dial No. : (612) 351-2118 *Qaal,fied Neutral Arbitrators Mediator *Qualified Neutral Arbitrator Susan D. Olson• *Certified Real Estate Specialist David K. Snyder April 21, 1999 *Qualified Neutral Mediator Urosh Piletich* Ms . Judy Holst Deputy Clerk City of Oak Park Heights 14168 - 57th Street North P. 0. Box 2007 Oak Park Heights, Minnesota 55082 Re : Wal-Mart Right-of-Way Dear Judy: Enclosed herewith please find four original perpetual easements from Wal-Mart with regard to 58th Street . These can all wait for Tom' s return at the end of May before execution and probably should since the notary sections have been prepared for him individually. If you would prefer to get these out beforehand, we can put on a new notary for your purposes . the present time but I do not personally see any compelling -eed 'o have the matter executed before the end of May. Yours v- ry uly, Mark J. Vierling MJV/sdb Enclosure P. S. Please have the Mayor' s signature affixed nonetheless at the present time . • 1111 EASEMENT FOR ROADWAY, STREET,BIKE PATH, PUBLIC WALKWAY,SANITARY SEWER,STORM SEWER AND MUNICIPAL WATER PURPOSES THIS INDENTURE, made this A314 day of , 1999, by and between WAL-MART REAL ESTATE BUSINESS TRUST,a Delaware business trust whose principal place of business is 702 S.W. 8th Street, Bentonville, Arkansas 72716 with a mailing address of 2001 S.E. 10th Street, Bentonville, Arkansas 72712-6489 ("Wal-Mart"), party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota whose address is 14168 57th Street North, Oak Park Heights,Minnesota 55802,party of the second part. WITNESSETH: WHEREAS, Wal-Mart is the owner of that certain tract or parcel of land situated in the City of Oak Park Heights, County of Washington, State of Minnesota("Tract 1"); and WHEREAS, party of the second part has requested from the party of the first part and the party of the first part is desirous of granting to party of the second part a perpetual easement for roadway, street, bike path, public walkway, sanitary sewer, storm water and municipal water purposes more particularly described and depicted on Exhibit A attached hereto and made a part hereof ("Roadway Easement"); and WHEREAS, Retail Trust IV, a Delaware business trust ("Retail Trust") is the possessor of a leasehold interest in all or pat of that certain tract or parcel of land in the same city, county, and state identified as Tract 1, and consents to said easement; and WHEREAS, Wal-Mart Stores, Inc., a Delaware corporation ("Wal-Mart Stores") is the of land in the same city, possessor of a subleasehold interest in all or part of that certain tract or parcel o t P P p tY, county, and state indentified as Tract 1, and consents to said easement. 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 party of the second part, its successors and assigns the following: A perpetual easement for roadway, street,bike path, public walkway, sanitary sewer, storm sewer and municipal water purposes with the right to enter upon the real estate hereinafer described at any time that it may see fit, and construct, maintain, repair and replace any lines, equipment, materials, or other items for public roadway and public walkway, for the purpose of maintaining, repairing or replacing the said public roadway and public walkway 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 - 1 - C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 . • roadway and walkway, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location,construction and maintenance of said public roadway and walkway. That said perpetual easement located in the County of Washington, State of Minnesota, is described as follows,to-wit: A perpetual easement for public roadway, drainage and utility purposes over, under and across Lots 3 and 4, Block 1, Wal-Mart Addition, Washington County, Minnesota, lying southerly of the following described line: Commencing at the southwest corner of said Wal-Mart Addition; thence on an assumed bearing of North 1 degree 52 minutes 03 seconds West along the west line of said Wal- Mart Addition 80.06 feet to the point of beginning of the line to be described; thence South 89 degrees 36 minutes 19 seconds East 40.03 feet to the southwest corner of said Lot 4; thence southeasterly along a tangential curve concave to the southwest having a central angle of 29 degrees 44 minutes 37 seconds, a radius of 550.00 feet and a chord bearing of South 74 degrees 44 minutes 00 seconds East to the south line of said Lot 3 and said line there terminating. Together with a perpetual easement 10 feet in width for public drainage and utility purposes over, under and across said Lots 3 and 4, described as lying between the above described line and a line parallel with and 10.00 feet to the left of said above described line and its southeasterly extension. Together with a temporary construction easement across that part of said Lot 3 which lies southerly of a line parallel with and 20 feet to the left of the first above described line and its southeasterly extension. TO HAVE AND TO HOLD, said perpetual easement and right-of-way unto the party of the second part, its successors and assigns, forever. The party of the first part does hereby covenant with the party of the second part, that it is lawfully seized and possessed of the real property above described. It is understood and agreed that no work shall be permitted within the roadway easement area during the period from Thanksgiving through Christmas. It is further understood and agreed that as to the area of the Temporary Easement the party of the second part will restore said lands to as good or better a condition as it was prior to the time of any excavation for public walkway or any other purpose, and that party of the second part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that as to the Temporary Easement the party of the second part will forthwith re-sod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. -2- C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 • • It is further understood that the party of the second part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. PARTY OF THE FIRST PART: WAL-MART REAL ESTATE BUSINESS TRUST ATt a Delaware business trust s=py`• .�), By Ant ny L. Fuller Title: Vice President PARTY OF THE SECOND PART: CITY OF OAK PARK HEIGHTS, MINNEVTA IN PRE S�ENCE OF: , ItOiayor sifekiE%uivt A' By: Its Administrator CONSENTED TO: RETAIL TRUST IV AT S slr'/,1 by Wilmington Trust Company WPM'W,L'�i�a' not in its indiv.. ap.oty, but solely as Corporat;/a tn•/ •ste- By: TI:�L"rTi; Name: 1. % `.: . •, Title: - 3- C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 • • CONSENTED TO: WAL-MART STORES,INC. a Delaware corporation A T• T: //f/r/ . By: KI �rs. Anthony L. Fuller _ / Assi t Secretary Vice President " CONSENTED TO: THE FIRST NATIONAL BANK OF CHICAGO ATTEST: as Corporate Indenture Trustee Part Nam ` :► ., � Somsri Helmer Title: Trust Officer -4- C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 • • ACKNOWLEDGMENT STATE OF ARKANSAS ) ) § COUNTY OF BENTON ) On this 3t'i'da of a. Y nAa r cjn , 1999 befor me, a Notary Public, in and for said County and State, personally appeared Anthony L. Fuller and , to me personally known, who being each by me duly sworn, did say that they are respect vely the Vice President and ! ► ..-042i4de of Wal-Mart Real Estate Business Trust, a Delaware business trust, named in the foregoing instrument, and that said instrument was signe on behalf of said trust by authority of its Board of Directors, and said Anthony L. Fuller and acknowledged said instrument to be the free act and deed of said trust. Nota 'ublic (SEAL) Judy K.Joyce, Notary Public My Commission Expires: ®lntOn Canty,Arkansas 3/1/2004 ACKNOWLEDGMENT STATE OF MINNESOTA ) ) § COUNTY OF WASHINGTON ) On this 194(--day of 4' , 1999, before me, a Notary Public, in and for said County and State, appeared David . Schaaf and Thomas M. Melena, 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, 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. LA SCHLEUSNER ti NOTARY PU6IC-MINNESOTA Notary Public My CommisISsion Expires 1. Jan.31,2005 (SEAL) mot My Commission Expires: l-3/-0c - 5- C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 • • ACKNOWLEDGMENT STATE OF DELAWARE ) COUNTY OF NEW CASTLE ) § On this Pi') day of h , 1999, before me, a Nota .wiairedifor said County and State,personally appea d and 1111. to me personally known, w o, bei eac did say that they are respectively the and the � il �et�rust IV, by Wilmington Trust Company, not in its individual capacity, but solely as Corporate Owner Trustee, named in the foregoing instrument, and that said instrument was signed on behalf of Retail Trust I uthority of its Board of Directors and said and DENISE G acknowledged said instrument to be the free act and deed of said corporation. (SEAL) Notary Public SUS' E M.GULA NOTARY PUBLIC My Commission Expires q,,,,i), )yff 14Commillion Expires NcNwnber21,1800 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) § COUNTY OF BENTON ) On this o day of t„.te c.(n. , 1999 before me, Nota Public, in and for said County and State, personally appeared Anthony L. Fuller and jr y� .ltd.! , to me personally known, wh being each by me duly sworn, did say that they are respectively the Vice President and Wal-Mart Stores, Inc., a Delaware corporation, named in the foregoing instrument, and that said i strument was signed on behalf of said t st by authority of its Board of Directors, and said Anthony L. Fuller and . `� �"`�"` acknowledged said instrument to be the free act and deed of said corporation. ll Nota ublic (SEAL) Judy K Joyce,Notary Pubiic My Commission Expires: Banton County,Arkansas My Commission Expires 3/1/2004 -6- C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03/18/99 • S ACKNOWLEDGMENT STATE OF .i,t4 Notg ) ) § COUNTY OF ►(oto ) On this 1:t- day of OWL_ , 1999, before me, a Notary Public, within and for said County and State,personally appeared �. J. BRUNER and S. Helmer to me personally known, who, being each by me duly sworn did say that they are respectively the VICE PRESIDENT and the `Trust Officer of The First National Bank of Chicago, not in its individual capacity, but solely as Corporate Indenture Trustee, named in the foregoing instrument, and that said instrument was signed on behalf of The First National Bank of Chicago, by authority of its Board of Directors and said VICE PRESIDENT and 6 Trust Officer acknowledged said instrument to be the free act and deed of said corporation. / Not ry °ub '- (SEAL) My Commission Expires OFFICIAL SEAL MICHELLE R IVY NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:01/20/02 - 7- C:\DRWOOD\WINWORD\DOCS\#1861 Utility Easement.doc 03118199 • S CERTIFICATE I, Anthony L. Fuller; being duly sworn, depose and say that I am the Vice President of Wal-Mart Stores, Inc., a Delaware corporation ("Wal-Mart"), and I am authorized to make this certificate on behalf of Wal-Mart and; 1. Wal-Mart Stores, Inc., entered into a certain Lease dated November 1, 1994, ("Lease"), between Retail Trust IV, a Delaware business trust as ("Lessor") and Wal-Mart Stores, Inc., as ("Lessee"). The leased premises are located in Oak Park Heights, Minnesota. 2. Pursuant to the Lease, Wal-Mart has requested that Retail Trust IV, grant to the City of Oak Park Heights, Washington County, Minnesota an Easement for Roadway, Street, Bike Path, Public Walkway, Sanitary Sewer, Storm Sewer, Storm Sewer and Municipal Water Purposes ("Roadway Easement"). 3. Such grant of Roadway Easement will not materially reduce the Unit Value or its remaining useful life or cause the Unit to become Limited Use property. 4. No consideration is being paid for said Roadway Easement. Wal-Mart hereby acknowledges that its obligations pursuant to the Lease remain to the same extent as if the grant of the Roadway Easement had not been made. THIS CERTIFICATE is given to induce Retail Trust IV to grant the Roadway Easement, and the undersigned warrants that the statements given herein are correct. WAL-MART STORES, IN By: Anth ny L. Fuller „�•/ Vice President ll" Subscribeci and sworn to before me,a Notary Public, this 9,3 day of`IW\g Y C k , 1999. \ r-- Not.';M Public Judy K.Joyce, No BOnton County,Arkansas My Commission Expires: MY Oontrnlesk n Expires 3/1/2n CERTIFICATE I, Anthony L. Fuller; being duly sworn, depose and say that I am the Vice President of Wal-Mart Real Estate Business Trust, a Delaware business trust ("Wal-Mart"), and I am authorized to make this certificate on behalf of Wal-Mart and; 1. Wal-Mart Stores, Inc., entered into a certain Lease dated November 1, 1994, ("Lease"), between Retail Trust IV, a Delaware business trust as ("Lessor") and Wal-Mart Stores, Inc., as ("Lessee"), which lease was assigned to Wal- Mart. The leased premises are located at Oak Park Heights, Minnesota. 2. Pursuant to the Lease, Wal-Mart has requested that Retail Trust IV, grant to the City of Oak Park Heights, Washington County, Minnesota an Easement for Roadway, Street, Bike Path, Public Walkway, Sanitary Sewer, Storm Sewer, Storm Sewer and Municipal Water Purposes ("Roadway Easement"). 3. Such grant of Roadway Easement will not materially reduce the Unit Value or its remaining useful life or cause the Unit to become Limited Use Property. 4. No consideration is being paid for said Roadway Easement. Wal-Mart hereby acknowledges that its obligations pursuant to the Lease remain to the same extent as if the grant of the Roadway Easement had not been made. THIS CERTIFICATE is given to induce Retail Trust IV to grant the Roadway Easement, and the undersigned warrants that the statements given herein are correct. WAL-MART REAL ATE BUSINESS TRUST By: Ant ony L. Fuller V Vice President (T'' Subscribed and sworn to before me, a Notary Public, this as ra day of act. , 1999. %1NH-S4t4 Public Judy K.Joyce, Notary Pubic My Commission Expires: My Coo Benton County on H'Arkansas n . LAW OFFICES OF Eckberg, Lammers, Briggs. Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Lyle J. L:clberg Stillwater. Minnesota 55082 Susan D. 01. James F. Lammers (612) 439-2878 David K. Snyder Robert G. Briggs** FAX (612) 439-2923 Marl J. Vierling* Paul A. Wolff Gregory G. Galler• (1044-1996) Thomas J. Weidner* *Qualified Neutral Arbitrator& Mediator Direct Dial (612) 351-2118 *Qualified Neutral Arbitrator *Certified Real Estate Specialist October 24, 1997 MR MICHAEL J ROBERTSON CITY ADMINISTRATOR CITY OF OAK PARK HEIGHTS 14160 57TH STREET NORTH P 0 BOX 2007 OAK PARK HEIGHTS MN 55082 2 7 RE: Easements - Rainbow/Brackey Project Dear Mr. Robertson: I am enclosing original recorded Easements Nos . 946326, 946327 and 946328 encompassing the water/sanitary sewer and street easements recorded as part of the Rainbow/Brackey project . Please keep these original documents in a .. _ce f--safekeeping with other City original deeds . Yours ver t ly, Mark J. Vierling��-, MJV/smp Enclosures _ . 411 • 946326 MUNICIPAL WATRR UTILITY EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this 0 5 day of , She/eA de , 1997, by and between ROBERT L. BRACKEY and JANET M. BRACKEY, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part . WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners 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 Parties of the First Part have 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 municipal water utility improvements and purposes with the right to enter upon real estate hereinafter described at any time that the City of Oak Park Heights may see fit, and construct, maintain and repair any mains, laterals, lines, equipment, materials or other items of municipal water utilities, water service lines, for the purpose of maintaining, repairing or replacing the said water service lines 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 municipal water utilities, and further the right to remove trees, bushes, undergrowth and other obstructions interfering in • the location, construction and maintenance of said municipal water utilities . That said perpetual easements for municipal utilities consisting of municipal water lines are hereby described as follows ; See attached Exhibit B. TO HAVE AND TO HOLD, said perpetual easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, (as to the said municipal utilities) , its successors and assigns, forever. That Parties of the First Part do 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. It is understood and agreed that the Party of the Second Part will restore sid lands to as good or better condition as it was prior to the time of any excavation for municipal water utilities and that Part of the Second Part will restore any fencing that is % necessary to remove or become damaged during the process of any excavation. It is further understood and agreed that Party of the Second Part will forthwith seed or resod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that Party of the Second Part will replace all driveways and sidewalks which it is necessary 2 . _ . , , , III • to remove or damage during the process of any excavation. 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: Al\A C �"� r By: 21L4±.. .I. , IV p Robert L. Brackey a.„,i,,,,Le dcv g if 0 • =net M. rack STATE OF MINNESOTA ) : 8e. COUNTY OF WASHINGTON) SeeriVA&( <On this 03 day of , 1997, before me, a Notary Public,, w thin and for said County and State, personally appeared ROBERT L. BRACKEY and JANET M. BRACKEY, husband and wife, to me personally known, who, being each by me duly sworn did say that they are the Owners of the above property and have signed said Y P P Y 9n instrument as their own free act and ed. ti " CHRISTIAN R.BRACKEY NOTARY PUBLIC MINNESOTA Notary Public (:— \ - p RAMSEY COUNTY.,�.: My Commission Expires Jan.31,2000 IN PRESENCE OF: PARTY OF THE SECOND PART: CITY OF OAK PARK HEIGHTS By Dav4/44 Its Mayor ie Michas : Robertson Its City Administrator 3 VV, 1 yJ. STATE OF MINNESOTA ) : as. COUNTY OF WASHINGTON) On this 21 day of SQ�e.., , 1997, before me, a Notary Publ , in and for said County and State, appeared DAVID SCHAAF and MICHAEL J. ROBERTSON, to me personally known, who being by me first duly sworn, did say that they are respectively the Mayor and City Administrator of the City of Oak - . - - ' - .ts, by authority of the City Council of the City of • - ' Park Heights, said Mayor and City Administrator acknowl - •e said instrument to be the free act and deed of said City of • = Park Heights. Notary P ' THIS INSTRUMENT DRAFTED BY: • Mark J. Vierling I MARKJ. VIERLING ECKHERG, CANNERS, BRIGGS, WOLFF it:4 N OTARY PUBLIC-MINNESOTA & VIERLING, P.L.L.P. My Comm.Expires Jan.3N2000 1835 Northwestern Avenue ■ • Stillwater, MN 55082 (612) 439-2878 ch11TERED IN TRANSFER RECORD WASHINGTON CO , MINNESOTA 19 TA FORD, AUDIT,R-TREASURE /.`6/a _// /,„ L • _., 4 " " r • EXHIBITS A AND B TO MUNICIPAL WATER UTILITY EASEMENTS Brackey to City of Oak Park Heights EXHIBIT A The following described real estate situated in Washington County, Minnesota, to-wit: Outlot A, BRACKEY ADDITION EXHIBIT B That part of Outlot A, BRACKEY ADDITION, according to the recorded plat thereof, Washing- ton County, Minnesota, which lies Northerly of a line which is 10.00 feet Southerly of and parallel to the Southerly Right of Way Line of Trunk Highway 36, as shown on MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-83, according to the recorded plat thereof, Washington County, Minnesota; and which lies Southerly of said Southerly Right of Way Line. t.NTERED IN TRANSFER RECORD WASHINGTON COUNTY, MINNESOTA `i✓ FFORD. AUDIT:R-TREASURER 9 14.d, _// / V iris DEPt T v 1 , • • 4 1. .- .,,,,,,,,, • * t..• '. t ... ,.4:, . 0.i'..... 7 I, 14 ..V:„ 4. i.," -;.■ ... D.:..C.-:, .■ ,,, P. ,..„ _- . "',—4 •To opmi - -.- r\..) •' , CP) ,•_,-, ','r 41 Co .__,..... r.....) C.) CIO C.:, ..--..•,:;.)!,„ I.a - — • , .—, ;CV _ _...._ • i ..*S.;.17 . a-. C.0 r.....-1 .-, ta ... ,., .. ,. , , ■ 946327 STREET AND ROADWAY EASEMENT THIS INDENTURE, made this 20th day of June, 1997, by and between ROBERT L. BRACKEY and JANET M. BRACKEY, husband and wife, 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: Outlots A and B, Brackey West Addition, as platted and is of record in the Office of the County Recorder, Washington County, Minnesota. That for good 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 have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A perpetual easement for street and roadway purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights or its assigns may see fit, and construct, maintain and repair any rights-of-way or other improvements for the purpose of maintaining repairing and/or constructing said street or roadway area over across and through the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches as may be required. Notwithstanding the foregoing, the Party of the Second Part agrees that upon the land hereinafter described that there shall be no fences, barricades or other raised structures placed or maintained 111 within the easement area and no part shall be paved for purposes of creating a traveled surface thereon. That said perpetual easement for street and roadway purposes is described as follows : The South 15 feet of Outlot B, Brackey West Addition; and also, the West 12 feet of said Outlot B except the South 15 feet thereof; and also, the West 12 feet of Outlot A, Brackey West Addition. TO HAVE AND TO HOLD, said perpetual easement 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 do hereby covenant with the City of Oak Park Heights, that they are possessed of marketable title and are lawfully seized and possessed of the real estate above described. I.t is further understood that the Party of the Second Part will forthwith reseed or sod any and all areas where necessary on said lands from which was necessary to remove the damaged sod thereon during the process of excavation and construction. The City of Oak Park Heights hereby agrees that the Parties 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 the 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 . . . ID • 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: p iktA By: Robert L. Brackey ,. B di .4 a et M. e rack=© STATE OF MINNESOTA ) SS . COUNTY OF WASHINGTON) On this o3 day of .D �M,(3E 1997, before me, a y APT �. , Notary Public, within and for said County and State, personally appeared ROBERT L. BRACKEY and JANET M. BRACKEY, husband and wife, to me personally known, who, being each by me duly sworn did say that they are the Owners of the above property and have signed said instrument as their own free act and deed. o•��•. CHRISTIAN R.BRACKEY NOTARY PUBLIC-MINNESOTA bLt-"`" RAMSEY COUNTY Notary Public • ( •.w.•• My Commission Expires Jan.31,MOO IN PRESENCE OF: PARTY OF THE SECOND PART: CITY OF OAK PARK HEIGH By ✓V. David Sch of Its Mayor B Mic ael J. Robertson Its Administrator STATE OF MINNESOTA ) . SS. COUNTY OF WASHINGTON) On this day of fQ�., 1997, before me, 9 y �� �, , a Notary Public, in and for said County and State, appeared DAVID SCHAAF and MICHAEL J. ROBERTSON, to me personally known, who being • S • by me first duly sworn, did say that they are respectively the Mayor and ,Administrator of the City of Oak Park by authority of the City Council of the City of Oak P- He ' . s, and said Mayor and Administrator acknowledge said true- to be the free act and deed of said City of Oak Park . -ig . No ary Public THIS INSTRUMENT DRAFTED BY: Mark J. Vierling • ECKBERG, LAMMERS, BRIGGS, WOLFF h MARKJ. VIFRLING & VIERLING, P.L.L. P . (11704 NOTARY PUBLIC MI;`:":-70TA 1835 Northwestern Avenue WASHINGTON COUNTY My Comm.Expires Jan.31,2000 Stillwater, MN 55082 • (612) 439-2878 c.NTERED IN T1W4SC'ER M NNESOTA WASHINGTON COUNT 19/7 t2, . 4 SU P tr FORD' AUDI'S�R:10-7A,61,41 Ia/r BY - OOPOTY • •1- i .. , • r . . • , --.• * to,k;. . ■• ........... r+.• _.,.2,,..... 0, %i :..K'..'-`'' :A - : ' c- (...., * -.... .*: :-0-.0 -- .i: (-,---• rn ,1 .-..,, '4%t '"fii_,.%!tje-kb' "....: ) ,., r r * •;Vir • ---.- ... .7.-c— (...A) :71, -4:•?Iimw I . 4%) 7 ■.--;:::-..,'-,c.) 2v_rri 0,1 —i -4: 1 . . r . t . 1 • • S 946328 MUNICIPAL SANITARY SEWER EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this , day of Wok, , 1997, by and between ROBERT L. BRACKEY and JANET M. BRACKEY, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners 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 valu- able consideration, the receipt of which is hereby acknowledged, the Parties of the First Part have 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 20 feet in width for sanitary sewer improvements and purposes with the right to enter upon real estate hereinafter described at any time that the City of Oak Park Heights may see fit, and construct, maintain and repair any lines, equipment, materials or other items of municipal utilities, for the purpose of maintaining, repairing or replacing the said sanitary sewer over, across, throu gh and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said municipal utilities, and further the right to remove trees, bushes, undergrowth and other obstructions interfering in the location, construction and maintenance of said municipal utilities. I f 40 • That said perpetual easements for municipal utilities consisting of sanitary sewer lines are hereby described as follows: See attached Exhibit B TO HAVE AND TO HOLD,said perpetual easement and right-of-way unto the City of Oak Park Heights, Washington Coun ty,Minnesota,�,�as to the municipal utilities),its successors and assigns, forever. In addition, Parties of the First Part also hereby grant to said City a temporary easement over,under and across the lands described on attached Exhibit C,for the construction and installation of said municipal sanitary sewer lines. Such temporary easement shall terminate upon completion of construction and installation of the sanitary sewer lines or June 30, 1998, whichever fast occurs. That Parties of the First Part do 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. It is understood and agreed that the Party of the Second Part will restore said lands to as good or better condition as it was prior to the time of any excavation for said municipal utilities or any other purpose, and that Party of the Second Part will restore any fencing that is necessary to remove or become during process damaged d the rocess of any excavation. g It is further understood and agreed that Party of the Second Part will forthwith seed or resod all areas,where necess ary,on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. • 2 1 • It is further understood and agreed that Party of the Second Part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. IN WITNESS WHEREOF, the said Parties have caused this instrument to be executed the day and year first above written. IN PRESEN E OF: n PARTY OF THE FIRST PART: 1� By 11 Robert L. Brackey/ "AJAIAL-19-e-A0K-g,09 • �► e M. Brackey • STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this 03 day of Saeref4Aeg, , 1997, before me, a Notary Public, within and for said County and State, personally appeared ROBERT L. BRACKEY and JANET M. BRACKEY, husband and wife,to me personally known, who, being each by me duly sworn did say that they are the Owners of the above property and have signed said instrument as their own free act and deed. CHRISTIAN R.BRACKEY NOTARY PUBLIC-MINNESOTA ; RAMSEY COUNTY Notary Public My Commission Expires An.31.2000 IN PRESENCE OF: PARTY OF THE SECOND PART: CITY OF •AK PARK HEIG S By /if 'A David Sch. , Its Mayor 1 r% -` chael J. Ro�ertson Its City Administrator 3 S • STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this 7''' day of ■,_ Pfe, , 1997, before me a Notary Public, in and for said County and State, appeared DAVID SCHAAF and MICHAEL J. ROBERTSON, to me personally known, who being by me first duly sworn, did say that the - le Mayor and City Administrator of the City of Oak Park Heights : authority of the City Counc of the City of Oak Park Heights, and said Mayor and Ci iii•s•- ator acknowledge ' strument to be the free act and deed of said City of • .•. Park Heights. .fit_ MARK J. VIERLING NOTARY PUBLIC--MINNESOTA WASHINGTON COUNTY No -_ Public--- My Comm.Expires Jan.31,2000 THIS INSTRUMENT DRAFTED BY: Mark J. Vierling ECKBERG, LAMMERS,BRIGGS,WOLFF &VIERLING, P.L.L.P. 1835 Northwestern Avenue GNTERED IN TRANSFER RECORD Stillwater, MN 55082 WASHINGTON COUNTY, MINNESOTA (612)439-2878 19_17 !- T FORD, AUDIT tR-TREASURER 3y . I/ DEPLYT v 4 • i EXHIBITS A.B AND C TO MUNICIPAL SANITARY SEWER EASEMENT Brackey to City of Oak Park Heights EXHIBIT A The following described real estate situated in Washington County,Minnesota,to-wit: Outlot A,BRACKEY ADDITION EXHIBIT B A 20.00 foot easement for sanitary sewer purposes over,under and across a part of Outlot A,BRACKEY ADDITION,according to the recorded plat thereof,Washington County,Minnesota,the centerline of which easement is described as follows: Commencing at the southwest corner of said Outlot A;thence North 02 degrees 00 minutes 03 seconds West, assumed bearing,along the west line of said Outlot A,a distance of 558.11 feet to the point of beginning of the centerline to be described;thence North 81 degrees 56 minutes 06 seconds East,a distance of 245.93 feet;thence North 15 degrees 30 minutes 50 seconds East,a distance of 472.03 feet;thence North 20 degrees 52 minutes 59 seconds East,a distance of 213.53 feet to the southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-83,according to the recorded plat thereof, said Washington County, and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said west line of Outlot A and said southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-83. EXHIBIT C A 40.00 foot temporary easement for construction purposes over,under and across that part of Outlot A, BRACKEY ADDITION,according to the recorded plat thereof,Washington County,Minnesota, lying within 50.00 feet northerly and northwesterly,EXCEPTING therefrom that part of said Outlot A lying within 10.00 feet northerly and northwesterly,of the following described line: Commencing at the southwest corner of said Outlot A;thence North 02 degrees 00 minutes 03 seconds West,assumed bearing,along the west line of said Outlot A, a distance of 558.11 feet to the point of beginning of the line to be described;thence North 81 degrees 56 minutes 06 seconds East,a distance of 245.93 feet;thence North 15 degrees 30 minutes 50 seconds East,a distance of 472.03 feet;thence North 20 degrees 52 minutes 59 seconds East,a distance of 213.53 feet to the southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO.82-83 according to the recorded plat thereof,said Washington County,and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said west line of Outlot A • and said southerly line of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NO. 82-83. 1 - r 0 S 1 „.--•,•••„. .- 4,• .::,4 . .4.,P•.2... e••, , ..„4• % , %.1 i-4'7-7..'"g)• '; %,Z•te!'y j ; tr:.' ',I.) c- ft ') .* ,, __ rTi :s.,.....:.1 , . 4;5 C'.• •....•••".- :::.,:-:L ,_ r,....) lk -,c (t , .. Cn r■,) ''.-:-,..'i'r,::.t; V• ‘"7=}- . '.... -I -in.1••• NJ . r"-:::k. ,,. coj ,.....-. I . . . '... —.I. •••- ;', A \ , 1. 1 ot 1 i 1 2 k tt it4 1 n ffitt: P-. 2 0 c, 0 c) ... z tr Z t1—___O \' 0 -■. --- , 0 0 dlb, CC — 1.l. Z ‘ & 4.1 A Aiik ' L___ 411 110 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 PAUL A.WOLFF MARK J.VIERLING GREGORY G.GALLER KEVIN K.SHOEBERG THOMAS J.WEIDNER February 24, 1994 SUSAN D. OLSON MS LAVONNE WILSON CITY CLERK CITY OF OAK PARK HEIGHTS 14168 NORTH 57TH ST OAK PARK HEIGHTS MN 55082 RE: 1501-7247 / 58th Street Improvements 1501-6953 / Municipal Services to Annexation Area Extended 1501-0564 / ISD 834 Drainage Dear LaVonne: Enclosed herewith please find the original recorded Easements that the City obtained from the following individuals: James W. and Cara N. Torseth, John C. and Corinne A. Torseth, Arthur R. and Joanne K. Torseth, Thomas E. and Beverl L. Torseth, and Delores E. and Richard H. Hodgson. Pleas= ma''ntain these original documents for your file as it relate- to t is project. Your very uly, Mark . Vierling MJV/smp Enclosures 7 67807 MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this 4Ae.- day of kiiilf,:pkbe / 1992 , by and between JAMES W. TORSETH and CARA N. TORSETH, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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 temporary and perpetual easements for storm water utilities and storm water drainage purposes is described as follows, to-wit: See Attached Exhibit TO HAVE AND TO HOLD, said temporary and perpetual easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, (as to the municipal utilities) and to the public utilities service providers, its successors and assigns, forever. That Parties of the First Part do 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. It is understood and agreed that the Party of the Second Part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal utilities and storm water drainage purposes or any other purpose, and that Party of the Second Part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that Party of the Second Part will forthwith seed or resod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. 2 . i , 411 III ., . . . . , It is further understood and agreed that Party of the Second Part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. The City of Oak Park Heights hereby agrees that Parties 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. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTIES OF THE FIRST PART: j-L4d-_ J es W. Torseth 90C/ bk.—AL 7/ 6:12ti;>114‹ Cara N. Torseth 3 eI'' • • STATE OF MI ESOTA ) ,i,.."),)) ss: 4/7N COUNTY 0 On this 9 day of , 1992, before me, a Notary Public, within and for said County and State, personally appeared James W. Torseth and Cara N. Torseth, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged t they executed the same as their free act and deed. a MAM• s ., YVON�NE C. THIESSEN / e /a V 9 :. NOTARY PUBLIC—MINNESOTA % WASHINGTON COUNTY ' `—AVALL4 Ae— - �—�' My Comm.Expires June 30, 1996 nary Public r • (Notarial Seal) IN PRESENCE OF: PARTY OF SECOND PART: CITY OF OAK PARK HEIGHTS BY: 0 t� arbara O'Neal, Mayor Anne Wilson, Clerk STATE OF MINNESOTA ) COUNTY OF WASHINGTON) On this ,;zed day of _, 1993, before me a Notary Public, in and for sai 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. -Ka t,tic.--% N Get., ar m y Public (Notarial Seal) 4 d7Y ,,<: A,, 's -16-9 3 1 ; THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney Reg. No. 112823 5 BRUCE A. FOLZ & ASSOCIA TES LAND SURVEYING • LAND PLANNING 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612 34 9-8833 June 10, 1992 DRAINAGE AND UTILITY EASEMENT FROM THOMAS '1'ORSETH, ETAL TO THE CITY OF OAK PARK HEIGHTS • A 40.00 foot wide drainage and .utility easement over, under and across that part Outlot A, BLACKWOOD, according to the plat_ on file in the office of the Courty Recorder, Wab:singtn County, 'Minnesota G` n % over that part of the Northeast Quarter, of Section 7, Township 29 North, Range 20 West, Washington County, Minnesota lying 20,00 feet each side of the following described center line: Commencing at the southeast corner of said Outlot A; thence North 49 degrees 29 minutes 56 seconds West, bearing oriented to said plat, along the northeasterly line of said Outlot A a distance of 130.27 feet to the point of beginning of the center line to be described; thence South 55 degrees 05 minutes 06 seconds West 337 feet, more or less, to the shore of Cloverdale Lake and said center line there terminate. Also, a 20.00 foot wide temporary construction easement eat over, under and across part of said Outlot A and said Northeast Quarter adjoining and lying southeasterly of the southeasterly line of said drainage and utility easement. Said temporary easement shall expire on September 1, 1993. • I h.by merit that this snowy,*near report Was prepared by me or under my dirtxt euporvislon end that I am e duly Rei,jiltered Land Surveyor under the laws of the State re Minnesota, Ot- at1UCEA.F4h.Z 04110 !L Rey.No. 9 Z 3 Z s•-■....._ 0 • • , # 6 NIL .'"\.... •14....N WI, ----------• ----,-. ....1 1.- ' , _t vi d ia) ft` 4 Go ........ ---- -,.3 LC) 11 1 •.- RECORD INNESOTA GTON CO UNTY, M 1-3 ENTERED A IN TRNSFER 19--- SURER Au*ITO"ITRE- A &ill It R. Hli FFORD, BY 4/11.1.-.-4---■-..' ■111. DEPUTY • 767805► MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this day of 3 U V G 1993, by and between JOHN C. TORSETH and CORINNE A. TORSETH, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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, S • 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 temporary and perpetual easements for storm water utilities and storm water drainage purposes is described as follows, to-wit: See Attached Exhibit TO HAVE AND TO HOLD, said temporary and perpetual easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, (as to the municipal utilities) and to the public utilities service providers, its successors and assigns, forever. That Parties of the First Part do 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. It is understood and agreed that the Party of the Second Part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal utilities and storm water drainage purposes or any other purpose, and that Party of the Second Part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that Party of the Second Part will forthwith seed or resod all areas, where necessary, on 2 S • said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that Party of the Second Part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. The City of Oak Park Heights hereby agrees that Parties 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. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTIES OF THE FIRST PART: ri. + Joh C. Torseth Corinne A. Torseth 3 `,� . • • . THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney Reg.. No. 112823 VIII 5 • 411 STATE OF MINNESOTA ) ) SS: COUNTY OF fl ) On this q day of J , 1993 , before me, a Notary Public, within and for said County and State, personally appeared John C. Torseth and Corinne A. Torseth, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. AMY J.SCHMITT IL�/I ,_�J//� NOTARY PUBLIC-MINNESOTA Notary J •/iC ANOKA COUNTY (V otailAigtormiggitIrs Feb.24,1597 IN PRESENCE OF: PARTY OF SECOND PART: CITY OF OAK PARK HEIGHTS BY: 6-4-14_4 (.4i—, Barbara O'Neal, Mayor 1,A)04442 a onne Wilson, Clerk STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) On this (.1.a. 14" day of , 1993 , before me a Notary Public, in and for sai1 �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. No ary Public (Notarial Seal) '1.ri.r c . ' ietzmann 4 !JO.AkY PUBLIC A WASHINGTON COUNTY My Commission expires 7-16-93 . .•. .. • • BRUCE A. F"Ot2 & ASSOCIAT LAND SURVEYING • LAND PLANNIES NG 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439-8833 June 10, 1992 DRAINAGE AND UTILITY EASEMENT FROM THOMAS TORSETH, ETAL ,Tb THE CITY OF 0 T AK PARK HEIGHTS S A 40.00 foot wide drainage and .utility easement over, under and across that part Outlot A, BLACKWOOD, according to the plat, on file in the office of the County Recorder, Washington County, Minnesota Uzi,) over that part of the Northeast Quarter of Section 7, Township 29 North, Range 20 West, Washington County, Minnesota lying 20.00 feet each side of the following described center line: Commencing at the southeast corner of said Outlot A; thnce minutes 56 seconds West, bearing oriented to said plate along othe northeasterly line of said Outlot A a distance of 130.27 feet to the point of beginning of the center line to be described; thence South 55 degrees 05 minutes 06 seconds West 337 feet, more or less, to the shore of Cloverdale Lake and said center line there terminate. Also, a 20.00 foot wide temporary construction easement over, under and across that part of said Outlot A and said Northeast Quarter adjoining and lying southeasterly of the southeasterly line of said drainage and utility easement. Said temporary easement shall expire on September 1, 1993. . thereby that this 1 prepared by me dn� supervision and that I am a duty R ijI direct Land Swveyot under the laws of the Stara si Minnesota, Z?- ..__________ SAUCE A.rots Oat < Z no.Nob. _ 9'2 3 Z --......., ----Z:> I ■1' I \ 0 I C) S 1 ' I , 1 - 1 - _ --- - 1 _____1......... , ''''''' 'l - , • ,) -r... " to 2 ENTERED IN TRANSFER P.'..:ECCF‘D WASHINGTON COUNTY, tag - 19.-73— R. H. STAFFORD, AUDITOR-TREA:;URER ft , _ By.4.1 , .. 1 -- DEPUTY 411 411 767806 MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this /f' "— day of 1993 , by and between ARTHUR R. TORSETH and JOANNE K. TO SETH, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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 temporary and perpetual easements for storm water utilities and storm water drainage purposes is described as follows, to-wit: See Attached Exhibit TO HAVE AND TO HOLD, said temporary and perpetual easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, (as to the municipal utilities) and to the public utilities service providers, its successors and assigns, forever. That Parties of the First Part do 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. It is understood and agreed that the Party of the Second Part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal utilities and storm water drainage purposes or any other purpose, and that Party of the Second Part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that Party of the Second Part will forthwith seed or resod all areas, where necessary, on 2 � ' 10 said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that Party of the Second Part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. The City of Oak Park Heights hereby agrees that Parties 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 P P P Y the property will not be disallowed as a result of the existence of this easement. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTIES OF THE FIRST PART: BY: ;%{ Ar r? Torseth BY:: (_ ,,d:J4-I4 %'1,f/' drf i2-G J nne K. Torseth 3 •' II! 410 , . . • STATE OF MINNESOTA ) ) SS: COUNTY OF LJo.r, ; ) 3 On this /3-44' day of (2 ,. '1,4 1991', before me, a Notary Public, within and for aid aunty and State, personally appeared Arthur R. Torseth and JoAnne K. Torseth, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Ate" .Ait' t'AAA C q� w 'g R x�o r 6 ; 1 cri e5o3. N ary blic ( 7,t 40& v - 91 t �4S/ty vvVv T 4yv4 y IN PRESENCE OF: PARTY OF SECOND PART: CITY OF OAK PARK HEIGHTS ik BY: 64.A-116.-C 6- ta_ Barbara O'Neal, Mayor BY• a nne Wilson, Clerk STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) On this ' day of 199a before me a Notary Public, in and for sai 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. a,.., A. 0.D r'j"'YLfl IT A� No ary Public , (Notarial Seal) o,;v ,. ,..:-.. ....".,d.-. ..uw.+.....^^�`, ' `�ietzmann a+NO'AKY P,.Q'IC—+AINNLSOLA 4 WASHINGTON COUNTY ', My commission expires 7-16-93 s, • 410 THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney Reg. No. 112823 5 BRUCE A.LZ & ASSOCIA TES • LAND SURVEYING • LAND PLANNING 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439-8833 June 10, 1992 DRAINAGE AND UTILITY EASEMENT FROM THOMAS TORSETH, I TAL TO THE CITY OF OAK PARK HEIGHTS A 40.00 foot wide drainage and _utility easement over, under and across that part Outlot A, BLACKWOOD, according to the plot on file in the office of the County Recorder, Washington County, Minnesota �ranaover that part of the Northeast Quarter of Section 7, Township 29 North, Range 20 West, Washington County, Minnesota lying 20,00 feet each side of the following described center line: Commencing at the southeast corner of said Outlot A; thence North 49 degrees 29 minutes 56 seconds West, bearing oriented to said plat, along the northeasterly line of said Outlot A a distance of 130.27 feet to the point of beginning of the center line to be described; thence South 55 degrees 05 minutes 06 seconds West 337 feet, more or less, to the shore of CIoverdale Lake and said center line there terminate. Also, a 20.00 foot wide temporary construction easement over, under and across that part of said Outlot A and said Northeast Quarter adjoining and lying southeasterly of the southeasterly line of said drainage and utility easement. Said temporary easement shall expire on September 1, 1993. thereby earthy that this sewer,plun.•or report Wee prepared by me or under my direct supervision end that I am a duly Ilevilvivid Land Surveyor under the laws of the Stew M' MLMavta. (ALICE A.W4Z Dale <- Z hoed.No., g'Z 3 Z --...„.... ---.....Z • lk • IS 9 `.. '`. N■,.... ''- ------ -, r""- r.' Con c) , mikiki (?... * , (.--, N TEI4E.0 IN-1 il AN S i CO E54 IIE N WASHINGTON C0'1.31\171, N111,,IhiLi,C).- ,'-', . ,.... R. qi,AFT-ORD, _ DIICA-TREASLIREti BY dii•kemao,.... i. I • II DEPUTY f - 410 4IM 767808 Y• f MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this #6 day of ✓.C(i , 1993 , by and between THOMAS E. TORSETH and BEVERLY L. TORSETH, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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, 1 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 temporary and perpetual easements for storm water utilities and storm water drainage purposes is described as follows, to-wit: See Attached Exhibit TO HAVE AND TO HOLD, said temporary and perpetual easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, (as to the municipal utilities) and to the public utilities service providers, its successors and assigns, forever. That Parties of the First Part do 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. It is understood and agreed that the Party of the Second Part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal utilities and storm water drainage purposes or any other purpose, and that Party of the Second Part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that Party of the Second Part will forthwith seed or resod all areas, where necessary, on 2 • said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that Party of the Second Part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. The City of Oak Park Heights hereby agrees that Parties 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. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTIES OF THE FIRST PART: ee BY:q4W0 19.670Val Thomas E. Torseth Oc 1:7( �z'e-td BY: ,6 Beverly ei. Torseth 3 , ,1; . 411 411 . STATE OF ) ��j §§: COUNTY OF On this �'t day of , 1 before me, a Notary Public, within and for said County and State, personally appeared Thomas E. Torseth and Beverly L. Torseth, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the sam-_.,,,,_".,._ ' and deed. �;, OFFICIAL SEAL /r� -4 ILENE BERG n ,i ( 4* MARICOPA COUNTY Q (( My comm.expires Oct.22,1996 Notary cif}td (Notarial Seal) IN PRESENCE OF: PARTY OF SECOND PART: CITY OF OAK PARK HEIGHTS BY:&L-L abx,,L, Barbara O'Nea r LaVonne Wilson, Clerk STATE OF MINNESOTA ) ) S§: COUNTY OF WASHINGTON) On this nand day of fl , , 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. h 7 � No ary Public (Notarial Seal) ■NNLSCrA 4 M 1-v Ut, k c, 'NTY ;; M r-U trnIS,Ori eXpres /-16-93 .• , r . • THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney Reg. No. 112823 5 L BRUCE A.OLZ & ASSOCIA rEs • LAND SURVEYING • LAND PLANNING 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439-8833 June 10, 1992 DRAINAGE AND UTILITY EASEMENT FROM THOMAS TORSETH, ETAL TO THE CITY OF OAK PARK HEIGHTS -1`4015 A 40.00 foot wide drainage and nd utility easement over, under and across that part Outlot A, BLACKWOOD, according to the plat on file in the office of the County Recorder, Washington County, Minnesota and over that part of the Northeast Quarter. of Section 7, Township 29 North, Range 20 West, Washington County, Minnesota lying 20,00 feet each side of the following described center line: Commencing at the southeast corner of said Outlot A: thence North 49 degrees 29 minutes 56 seconds West, bearing oriented to said plat, along the northeasterly line of said Outlot A a distance of 130.27 feet to the point of beginning of the center line to be described; thence South 55 degrees 05 minutes 06 seconds West 337 feet, more or less, to the shore of Cloverdale Lake and said center line there terminate. Also, a 20.00 foot wide temporary construction easement over, under and across that part of said Outlot A and said Northeast Quarter adjoining and lying southeasterly of the southeasterly line of said drainage and utility easement. Said temporary easement shall expire on September 1, 1993. Thereby cerslly that this teovey, plr n.•or report Wee farepered by me or under my direct euporvieion end that I am a duly Rtcilit'ci d Land Surveyor under the laws of the Stave tvlbinesota, eftUCbA.Wt.I Cate ‘".,•�9L Rea.Ne. Z 3 r -- - \ • ...0, . , . -.., '-..... \ -,, ill ( i---- a i k i (4 t., c a ■:. ____, i 4-kJ . 1.00 ENTERED IN TRANSFER I-',FCCYi-''.0 WASHY GTON COUNTY, IVIIIAT;r:„..-...cJi,cd i $ - -1,- -- ,:,..... R. H. STAFFORD, AUD TOR- RE.ASURER .--..) DEPUTY V 767sos MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS chTHIS INDENTURE, made this ,Aoj day of yfix7�iy. , 1993 , by and between DELORES E. HODGSON and RICHARD H. HODGSON, wife and husband, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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, sp, • . 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 temporary and perpetual easements for storm water utilities and storm water drainage purposes is described as follows, to-wit: See Attached Exhibit TO HAVE AND TO HOLD, said temporary and perpetual easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, (as to the municipal utilities) and to the public utilities service providers, its successors and assigns, forever. That Parties of the First Part do 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. It is understood and agreed that the Party of the Second Part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal utilities and storm water drainage purposes or any other purpose, and that Party of the Second Part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that Party of the Second Part will forthwith seed or resod all areas, where necessary, on 2 410 said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that Party of the Second Part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. The City of Oak Park Heights hereby agrees that Parties 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. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTIES OF THE FIRST PART: Y°14.- 4/14/4"" BY: %";j �-z�'- ,�,,'" ,< Delores E. Hodgson R chard H. odf g- . 3 • • STATE OF MINNESOTA ) COUNTY OF Irn On this a $ day of JA n K n R , -1-99-2p, before me, a Notary Public, within and for said Cdunty and State, personally appeared Delores E. Hodgson and Richard H. Hodgson, wife and husband, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. JOHN R. DIRKES • I NOTARY PUBLIC - MINNESOTA , ,a M RASEY COUNTY '=4 My commission Notary Public (Notarial Seal) IN PRESENCE OF: PARTY OF SECOND PART: CITY OF OAK PARK HEIGHTS Barbara O'Neal Mayor ` y. BY• ... .,rT! a onne Wilson, Clerk STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) ,� On this 2 C.Z�1 day of ` ,IoJ , 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. craft N ary Publi (Notarial Seal) 2u/ie .A thietzmann t' ti a z?PUBLIC-MINNESOTA \s,lgrr,, ETON COUNTY. 4 �r;.;, ,c mission expires 746.93 i THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney Reg. No. 112823 5 •. BRUCE Aft LZ & ASSOCIA TES LANG SURVEYING • LANO PLANNING 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (6t2) 439-883: June 10, 1992 DRAINAGE AND UTILITY EASEMENT FROM THOMAS TORSETH, ETAL TO THE CITY OF OAK PARK HEIGHTS A 40.00 foot wide drainage and _utility easement over, under and across that part Outlot A, BLACKW00D, according to the plat on file in the office: of the County Recorder, Washington County, Minnesota (sriiover that Quarter of Section 7, Township 29 North, part of the Northeast • Minnesota. lying 20.00 feet each side of the Range described center nlineunty, Commencing at the southeast corner of said Outlot A; thence North 49 degrees 29 minutes 56 seconds West, bearing oriented to said plat, along the northeasterly line of said Outlet A a distance of 130.27 feet to the point. of center line to be described; thence South 55 degrees 05 minutes 061seco dsrWest 337 feet, more or less, to the shore of Cloverdale Lake and said center line there terminate. Mao, a 20.00 foot wide temporary construction easement over, under and across that part of said Outlot A and said Northeast Quarter adjoining and lying southeasterly of the southeasterly line of said drainage and utility easement.. Said temporary easement shall expire on September 1, 1993. • • I lsaniby catsup that this sway,pioneer report Was pmperad by me or under my diroet supervision and that I am a duly Reellrerifd Land Surveyor under the lava of the Strata k' Minnesota, BRUCE A.I'Qi.2 Cale ‘--P/() Z Reg.NQ,, `�Z 3 Z r ■-...._ , ---.... 0 • . . . ., . . .. , , - ....,... qc--, •. - ,. -•.°- . -- --- GI ,c,--), 0') • crl -.:-.-- ,.., ENTERED IN TRANSFER RECORD WASHINGTON COUNTY, MINNES01 17 - 19 S R. isirit FF-ORD, AU TOR TREAA-U MP BY li DEPUTY • • LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF a VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX (612) 439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING ♦ ` _ GREGORY G. GALLER li "'-- KEVIN K. SHOEBERG I THOMAS J.WEIDNER ,11'171°� I9 SUSAN D. OLSON November 17, 1993 NOV 1,l 97 I Ms. La Vonne Wilson City Administrator City of Oak Park Heights P. O. Box 2007 Oak Park Heights, MN 55082 Re: Ruoho Easements Dear LaVonne: I am enclosing for your records the Subordination Agreements that have been recorded as it affects the Ruoho Easement that the City obtained earlier in 1992 . We originally forwarded the recorded Easement to your offices as it affects the Ruoho Easement on November, 20, 1992 and we are now p .viding you with the original Subordination Agreements as have b -n recorded. Please keep these for your records. ;+ V= y Truly yours, L,';rk J. Vierling MJV: sms • 716268 SUBORDINATION AGREEMENT The mortgage given by Paul A. and Kelly J. Ruoho to First Bank National Association, dated February 17, 1989 and recorded of record on March 21, 1989 as Document Number 596832 in the office of the County Recorder in and for Washington County, Minnesota affecting real property located within the County of Washington, State of Minnesota, being legally described as follows, to-wit: Lot 7, Block 2, Blackwood .� ������ is hereby subordinated and made junior to the Easement granted to the City of Oak Park Heights by Paul A. and Kelly J. Ruoho, the same being dated September 16, 1992and recorded October 21, 1992 as Document Number 714367 IN CONSIDERATION OF one dollar ($1. 00) and other good and valuable consideration to the undersigned paid by the City of Oak Park Heights and the execution of the attached grant of easement by the owners of the premises described in such grant, the terms and conditions of which are incorporated herein by reference and made part hereof, the undersigned being the owner and holder of all the indebtedness secured by that certain mortgage granted to First Bank National Association by Paul A. and Kelly J. Ruoho on February 17, 1989 being Document Number 596832 as recorded in the office of the County Recorder in and for Washington County, Minnesota on March 21, 1989 and conveying for that purpose the premises described in the attached grant, does hereby convey to the City of Oak Park Heights, Minnesota, its successors and assigns the same Easement described in the attached grant and : � . III ' i agrees that such Easement shall be prior to and paramount to all rights under such mortgage granted to the undersigned and that any sale under foreclosure of that mortgage shall be subject to such easement. This Subordination Agreement shall be binding upon and inure to the benefit of any successors and assigns of First Bank National Association. Dated this 8th day of October , 1992 . FIRST BANK NATIONAL ASSOCIATION f Mark Ouradnik ITS: M6`S STATE OF Minnesota ) ) SS: COUNTY OF Ramsey ) The foregoing instrument was acknowledged before me this 8th day of October , 1992 by Mark Ouradnik, the President of First Bank National Association on behalf of said First Bank National Association with full authority so to do. Notar Public (Notarial Seal) r Io-. LINDA RUNNING NOTARY PUBLIC-MINNESOTA WASHINGTON COUNTY .`_" My Comm.Expires Feb. 15,1995 r THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER MN 55082 612 4 ( ) -28 39 78 2 ATTORNEY REG. NO. 112823 1 .. • •ih '4., • • Atca.dra/naqy� en./ ttf•'/.'itr easafne,, -O.Z3A<1 Rrea fe.nrera• e.nilr.•c/i.O Ease.nen7. a earY/4ct / f- 9�C�X, c�yVP. B L O C K 2 7 e To/at Arca- `\ y V 1 z 2.61 Ac} k#1r /N /G,o O��\ ///6 w \^4.A C 'K W 0 0 �� `� b e �, > B L v1 \ ��.P r r ,,,,,o,.„ v \\\,✓y 5,,, \ , ,... '`,rp`�'. • , l C \rry.• i.4 4�r�� // I I 20.00 fee/ wilt / �\ / 'Vt. �'\ -0 /, `\o\\ I Temporeryy Cons♦rv�t1,'eq /vd,l3yy� / \ EasemgoL ., otew• /.L� ---.I- 5 —....-•"-...••• t vas‘..0 \os / 5-~� r c:n+crue,e of yo.o0-f,3',t5 % . pi �\ y r foot wide dr•inagt �'t A ' _f /NW I tlitnsiar, el / I and.,,,+i/,•1Ytasemenf 9.5 `,yilLgEx� G linedtslanito.ot,/ /o / II c/ra:n�1• a a•,� 00.-- ,1 SW'1yy el +ht NE'ly i / 1-1--1 ■∎-.+:t;+y Casement 31�'-''- S y ` \ of Ri�O en alga Dr�ut 10 / '�%_-�'!_t• Irne as..L'-lafiled .-;85' \ -r- 1 J-1 `� dra: ge an \O�\�-,� \\ �� �O -----1 t— 1 \ u+ti.' y easement I I ° -1 j. s 11 j\ \\ v�' \ 4 II I 5 �'1 1 0►�\ \ E I ,s.,\ q lit 0 31 1=,Ytl \ lo BI /�l C Y V 0 0 D drs;na t S ( \ '� easemEnt 1 1 \ ■ es plaited l 1 l l\ \ \ `\� /• \_\--.1,;'.. -,S'`TS--. / ��$ 5 j\ / Drai Ease i (Togs • � ..Ut' .-tt A' Set_ 4, q0�1/� i Nnr}h line NE /y S ereline //j �M1r 1 See.7 / coo , ,,��, '7\ /ai'n2 e ,� ,rr , i Ca semene .� j] 2 • __A r - •-■„,........ ... • • ,r ... \ a ' 41111,--'7 r 7....: .4414,0, 11'4 lic-kE CJI:7,. .,......... 1 s- 716269 SUBORDINATION AGREEMENT The mortgage given by Paul A. and Kelly J. Ruoho to Countywide Funding Corporation, dated November 28, 1988 and recorded of record on December 13, 1988 as Document Number 589793 in the office of the County Recorder in and for Washington County, Minnesota,affecting real property located within the County of Washington, State of Minnesota, being legally described as follows, to-wit: Lot 7, Block 2, Blackwood - A is hereby subordinated and made junior to the Easement granted to the City of Oak Park Heights by Paul A. and Kelly J. Ruoho, the same being dated September 16, 1992 and recorded October 21, 1992 as Document Number 714367 IN CONSIDERATION OF one dollar ($1. 00) and other good and valuable consideration to the undersigned paid by the City of Oak Park Heights and the execution of the attached grant of easement by the owners of the premises described in such grant, the terms and conditions of which are incorporated herein by reference and made part hereof, the undersigned being the owner and holder of all the indebtedness secured by that certain mortgage granted to Countywide Funding Corporation by Paul A. and Kelly J. Ruoho on November 28, 1988, being Document Number 589593 as recorded in the office of the County Recorder in and for Washington County, Minnesota on December 13, 1988 and conveying for that purpose the premises described in the attached grant, does hereby convey to the City of Oak Park Heights, Minnesota, its successors and assigns the same Easement described in the attached grant and * as assigned to Federal Home Loan Mortgage Association ("FHLMA") with Countrywide acting as Servicer for FHLMA, � 4 . • 111 • agrees that such Easement shall be prior to and paramount to all rights under such mortgage granted to the undersigned and that any sale under foreclosure of that mortgage shall be subject to such easement. This Subordination Agreement shall be binding upon and successors and assigns of Count inure to the benefit of any succ g Countywide Funding Corporation. Dated this e e day of , 1992 . COUNTRYWIDE FUNDING CORPORATION BY t\ — - ■ ITS: 0J1RR - - STATE OF f t�n. ) SS: U COUNTY OF The foregoing instrument was acknowledged before me this ; 3 c 1992 by ` \'� � and day of ���7C.�n�-r.._.- K Y �l �-e� ' z ^��.x,c the') h.c C>A y, of Countrywide Funding Corporation, with full authority so to do. °;,ti OFFICIAL AL TANIA PREY SE fii) NOTARY PUBLIC•CALIFORNIA LOS ANGELES COUNTY Notary Public My Comm.Expires Jan.7,1994 (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER MN 55082 (612) 439-2878 ATTORNEY REG. NO. 112823 2 N • • e /7rea edr:a-maq• e...! tt1.4,47 .S a frr en e.a•L i Ad l Rrea le.nperar iC°n.irf.e, ate. Essen+en 0 •arll.+e! , i / ti B L 0 C K 2 7 `E4-% \\ eve' Total Area. \ 17 40 5 6 2le � \ / / r B r" 1 C \ V V 0 0 ;$IY' \(`�P / / / •r' ..'N 40'S ��iti ) �o,e1 /e / \\ / \rg•• / y / '4) - ,'4 �< I I Tcmpee giriy Cons+r..c4:en oou,:V w;* / • 5 �a,Z 1 o•% p /0,. C.n+erf;ne oG NO.o0J t 1'' /‘ / 5--r/ f,�e.} wide dr.;na9t 13,,5/ ` -, / y / 1 and�.+iri4y caxmen+�s - `�,n -S NW Ir cXfcnaiati el X Ilne dii4 ..f IO.oa4 / I �' W'1 e+ }Ht NE�1 /_ I cirAine•11° n.•d 0Q' t'f S y Y _, ! I.rt..-/r...4:1:4Y hase.ntnt 'A2.5'�' r� ; I 7. • \ eC fl'i'p°n ald Ors 4c /. I r 1 I- Y 10 \✓1 ep 4— _ _— _— _— — Ill l' 5-drain; e and O \V' \\ "''tto. — 1 I-- , k}iii+ easemene \v �• \` i ill.1 1 1 '7 T. _.! H-5 1 1 j. Y \ 1> 5 Ij~ 1l I '10 \ 1 \ \ 4 � ( 5 111 f tv,, . \ ��., - 1 l f _ f s\ 4 ° \� R l f.5•••./ 1 \ A . \ f f v\ -31,1; "t B L O C K 1 6 f r--15 �•\ N.,s. 1_ehf \ B L C 'K W 0 0 t�r.in,99t s f \ \ I as play+ed I t \ ..E 8 `r\Y/ Ease — __ / (Torts eti ,0.11 Sou +h I:ne SE%'"" '�-... — _.__._. -- p,,••GO" tL. s«� — - tiO•\,- ` IJnr4h line NE Vy / / I Sc.7 / S °ref;nc / /j �V I /a,'nn e "/� ' � eassgrenE , l� Z 1 2 V o l C P • 0 . •• c r^'' \_ N rvi �[ i t7! -4 x • PETITION FOR IMPROVEMENTS The O.L. Kern Irrevocable Trust, the undersigned being the owner of all real property as identified in the attached Exhibit "A" which is incorporated by reference herein. Does hereby petition the City Council for the City of Oak Park Heights to undertake without public hearing under Minnesota Statute S 429.432, the following improvements along 58th Street North as located within the City of Oak Park Heights between Trunk Highway 5 (Stillwater Boulevard North) and the second (bus) access to the Stillwater area high school property, the following improvements: a. to provide fill, finish grade and bituminous surface approximately 750' of 58th Street North from its current termination point at the first driveway access of the Stillwater area high school to the second bus access of the Stillwater area high school, a distance of approximately 750 ' , together with curb and gutter, municipal utility connections and other finished improvements to be designated by the City Engineer for the City of Oak Park Heights as it affects said project for a sum not to exceed One Hundred Thirty Thousand Dollars ($130,000. 00) , and to defer the assessment of the entire cost thereof against our property abutting said improvements based on benefits received without regard to cash valuation with such deferral being without charge for or calculation of interest during the period of deferment with such deferment ending upon the development of our NO. 10 10, 11/93 10:11 E T LAW FIRM LFH 4 POL 411 property requiring extension of water and sewer utilities thereto and/or the application for a building permit thereon. The undersigned hereby waives Notice of Public Hearings otherwise required under M.S. SS 429.031 and 429.061 and waives Right of Appeal under M.S. S 429.081 and requests said improvements be made forthwith. Dated this I `ID day of 1�e.ti��F 1993. 0.L. FERN IRREVOCABLE TRUST Z)/(?/ BY: ,,,r • • i L.iI Violet E. Xe T stee BY: A Leon R. Ho , Trustee BY:4 *. B111 J. j;.a ley, Tru i tee STATE OF . NESOTA ) COUNTY OF WASH . GTON) On this day of , ,,1-993, before me, a Notary Public, within -nd far said Count s:d State, personally Y� p 1.1y appeared Violet E. Ker Leon R. Hofpalil and Bill J. Pauley, Trustees under the 0.L. Ka IrrevocAOle. Trust, to me known to be the persons described in and , 10 1.Xeeuted the foregoing instrument and acknowledged that they exec ed the same as their free act and deed on behalf of the O.L. n' .. revocable Trust. Notary Pub �c (btot'arial Seal) 2 Iii STATE OF MI TA ) ) Ss: COUNTY OF ...0-971.174 On this day . , 19 , :before me, a Notary Public within and for said County, appeared VIOLET E. RHA', Trustee under the O. L. Kern Irrevocable Trust, to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed on behalf of the C.L. Kern Irrevocable Trust. .�I % N° a i r" . . / Nora y Public c gr COVQN EXPtits MA a•too STATE OF MINNESOTA ) ) SS: COUNTY OF {mss ;�;: ) f On this J<' day ? , 19 / , before me, a Notary Public within and fo/� said County, appeared LEON R. HOFFMANN, Trustee under the O. L. Kern Irrevocable Trust, to me personally known to be the person described: in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed on behalf of the 0.L. Kern Irrevocable Trust. i if CAROLYN KOWA9 i ..s,rtf '- •T AIM=A ♦ Q y is RUMEYOOMY Mrco•Egeockis4,IW7 IIMAAIMAAAVVVIMMVWWWWWWAVV1 STATE OF MINNESOTA ) ) SS: COUNTY OF 'ree ),„ ) On this 4" day of ; r...�. , 19r5-5 , before me, a Notary Public within and for said County, appeared BILL J. PAULEY, Trustee under the O. L. Kern Irrevocable Trust, to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed on behalf of the O.L. Kern vocab e Trust. AIkb1NNAMM1nn V x L.4,1*-**. GARY 0.McDOWELL ' r Filet ,,' NOTARY PUBLIC--MIN[ OTA •r° t� HrNNEPlN COUNTY Note te° Publ.�-c My Commission Expos Feb,15,1997 x we"wwww$ 10%11/93 10: 12 ECKBERG LHw FIPM CPH N0.104 P005 • • EXHIBIT "A" That part of the East 350.00 feet Northeast Quarter of Section 6, Township 29 North, Range 20 West, Washington County, Minnesota lying Southerly of the North 801.21 feet thereof and Northerly of the North line of KERN EDUCATION ADDITION, according to the Plat on file in the office of the County Recorder, Washington County, Minnesota. Also that part of said Northeast Quarter lying Westerly of the East 350.00 feet thereof; lying Southerly of the North 801.66 feet thereof; lying Easterly of the East line of KERN CENTER, according to the plat on file in said office of the County Recorder; and lying Northerly of said North line of KERN EDUCATION ADDITION. • • ORDER CHECK .024405 CITY OF OAK PARK 5 CENTRA_I. ANK ; .'"ffi;e; `.-- a4-v,wAsHINGTotK00UNLY • .. VSTILLWATH 'MN' 55082 - OAK-PARK HEIGHTS;MN X55082 '"" 75-51TJ919. - R= • j m.�q • n ru - H.I - L N :<, ----'N'_ -44 .1:' �, :-. 1,l��iF'I;, ' Hsi 1 . DATE 67 /93 AMOUNT _ �TO THE - X �! �„ . , ! ORDEROF •:: iG;�� i w 72 ; 'era1c1 =A .S Desfiecker ;Tr,-..'& ,Mary G 1 : ` `�Schiaenecke ake.'Elmo State -Bank :; " --. �r 1 MAYOR-CLERK TREASURER w t",A, .a-, - . - - +d[+ T+�h:F ..�kjMf/R1G Y - _ —:• r s-' tape - _ - i -- -. - 9s��ic.aFSA+� W a li n S F gLra fta.1 1,.t ? Lli ` ,!!;r9 .r b . . ... CITY OF OAK PARK HEIGHTS x.. • • • • • 6/18/93 :" :::; Purchase of :Property • 12, 117.72 • 716-44444- 50 • • • • . . • • • • • L_ . . . .. , . . ',0,-..,....,,e• A'.,""-, ,'-,"...,,,,,1 .....,5". ,,,,,,,'''-'...^.,....e.."....,". '''' ..'''"cirt_OF OKYARK HEIGR CENTRAL K -- ,, --- - - - .----i-r,- -•..--,,,,,,-.-.. , ,...-'''-'`-' IA/ASfilNGTON COUNtICZ,..'"'„,- -- . - ' ' - •'''STILLWATER..MN,...5 508 2 ,, - -. - • . .... . .. , .., •i ..„, J1 ,, .1„t, .„i .,;,4,, . DATE ,.,, A °B9E59t.-:;•S t at e.. Bk of, Bayport-&'' '- -, ----..<1--.2',17.5=.1.-= --; .. . .. .. . --, -., ... , ---‘---'''''------- era1d.-S: &.•:: ' t ryn I.: lie chelke--,--_,....-z=7;,. , . , - . .- --, • . . •-= • - - ) i , , , ..,_„,„ „„, ,. , ..,,, ., ,-, .......,..... •-- . - .-MAYOR CLERK TREASURER ' •- '. -- ' 1 - NON NEGOTIABLE '' --"''''''' ',..."0-'---,--"",--"•-'-,4,-,-'-- ,, , - "-- " --, - - --, - -,-,-------,-• ,- o , .. . .- , ltvot., Ltu 91,' . - - .' - - '--...._.- - 1 .. CITY OF OAK PARK HEIGHTS - ' 0.2 . .. . - . . . . . . • • . . . . . 6/18/93 ,, - Purchase of Property " 4,320.16 716-44444-950 . . . . . . , • - , . . . • • . . . . . . . . . . . • •• • ..,. . .-. . •• _- ..., .. -r.; --- ' - - - -,,• . • - • . - -: .• • -.." • -. . • -. - -- •-• : . ..- : - • .: ..-- .• :.- . . . .. .. :. . . - - . - - . • • • • . :. - .. :. - - •-..--:.:-..: ... • ... :-::. .-: .- . ... : . ......-. . .. - . . . .. . .. : . . . • . -:-, . • - --: - . -. - --:-- • --- -..- : - • • • • °" ORDER CHECK - - Q 1 Cl�yr OF OAK P ARK ErtG TS CENTRAL BANK. � VASEiIPFGT014C0UNxY WATER MN" STILL ,$5082 "n-,V•` .tn�(mjC'PARK HEIGHTS M82 15'=511/919 N v yb i .TOTHE �f 1 ., t DATE AMOIlU ORDER OF g*yeriate ership-& John .S , % : �, � :� , Dona1d �„ ,�,,, ;y; MAYOR-CLERK-TREASURER IVt7N NEGQ " ABLE eye ..� .333.... _ _ _- _ - .0 a.. _ 4 . ,:: :. • :.CITY OF OAK PARK HEIGHTS f.�' f 2 E 6/18/93 •;Easement 1,500.00 71(-44444-950 • • • . w:..z • • • • . • S 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 , PAUL A.WOLFF MARK J.VIERLING I C @ U C1 GREGORY G.GALLER L� 1 liii June 17, 19 9 3 ;± SUSAN D.OLSON ' 8 1993 i iii I 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/Cloverdale Partnership Dear Ms. Wilson: Enclosed herewith you will find six (6) Municipal Utilities and Storm Water Drainage Easements signed by the individual members and their spouses of the Cloverdale Partnership. (You will note that there is a duplicate as to the Hodgson documents, but we wish them signed in duplicate at this time. ) Please affix your signature and have the Mayor execute where indicated in the Easement document, having your respective signatures notarized within your office and returning all originals directly to this office. Also, please direct the Deputy Cler o prepare a ch.ck to the Cloverdale Partnership and John S. Mc%onald, its attorne , in the amount of $1,500.00 as and for co sensation of the e- ement as acquired and return that directly t. this office with e executed Easements. truly rs, Mar J. Vierling MJV:sms Enclosures (6) • 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 PAUL A. WOLFF --- --- MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER June 17, 1993 8 n SUSAN D.OLSON ' 18 1993 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/Cloverdale Partnershi Y Partnership Dear Ms. Wilson: Enclosed herewith you will find six (6) Municipal Utilities Y ( ) P and Storm Water Drainage Easements signed by the individual members and their spouses of the Cloverdale Partnership. (You will note that there is a duplicate as to the Hodgson documents, but we wish them signed in duplicate at this time. ) Please affix your signature and have the Mayor execute where indicated in the Easement document, having your respective signatures notarized within your office and returning all originals directly to this office. Also, please direct the Deputy Cler. o prepare a ch=ck to the Cloverdale Partnership and John S. Mc%onald, its attorne , in the amount of $1,500.00 as and for co sensation of the e- ement as acquired and return that directly t4 this office with e executed Easements. truly • rs, Mar J. Vierling - MJV:sms Enclosures (6) P SIG/ 111 MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this *YI day of , 3 �.. 199/, by and between THOMAS E. TORSETH and BEVERLY L. TORSETH, husband and wife, Parties of the First Part; and the CITY OF OAK Ltt 64='. , PARK HEIGHTS, Washington County, Minnesota, Party of the Second x Part. if WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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, • u,' a • •x MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this 994 day of ILIL4mEdLef_____, 199 , by and between JAMES W. TORSETH and CARA N. TORSETH, husband R �^�,' ya and wife, Parties of the First Part; and the CITY OF OAK`: PARK • '.,04 HEIGHTS, Washington County, Minnesota, Party of the Second Part. ,; WITNESSETH: j . WHEREAS, the above-named Parties of the First Part,are the owners in fee simple of the real estate hereinafter descried:-;,;1,-�. ` See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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 MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS r: THIS INDENTURE, made this /V day of Claxrziz„,4,ei 199/, by and between ARTHUR R. TORSETH and JOANNE K. TORSETH, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the, . Second Part. WITNESSETH: . F.i WHEREAS, the above-named Parties , of the First Part are,,the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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, . MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this day of 3 00 e 1993, by and between JOHN C. TORSETH and CORINNE A. TORSETH, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. f WITNESSETH: WHEREAS, the above-named Parties of the First Part are the 45 owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter t.' , described at any time that the City of Oak Park Heights and 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, MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this iTt(-) day. of / 1/4.7 / 199, by and between DELORES E. HODGSON and RICHARD H. HODGSON, wife and husband, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: :g A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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, I.- ( 0 • - 3 MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS k Y } THIS INDENTURE, made this 26- day of ' 'AtT 1992, by and between DELORES E. HODGSON and RICHARD H. HODGSON, wife and husband, .Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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, 6 9 i . _ __ __ ___________ _____________ S • • 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 PAUL A. WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER November 20, 1992 Ms. LaVonne Wilson City Administrator City of Oak Park Heights P. O. Box 2007 Oak Park Heights, MN 55082 Re: Ruoho - Easement Agreement Dear Ms. Wilson: Enclosed herewith please find the original Easement granted by Mr. & Mrs. Paul A. Ruoho to the City of Oak Park Heights. As you will note, the Easement has already been r corde4 in the Office of the Washington County Recorder and I - ,I -returning the original to you at this time for placement in e City's les. No other action need be taken by you at this me. Very ruly - rs, rte__ J. Vierling MJV:sms Enclosures (1) 1 714367 MUNICIPAL UTILITIES AND STORM WATER DRAINAGE EASEMENTS/IMPROVEMENTS THIS INDENTURE, made this l 6 day of �10J-est, (,.c.1 1992, by and between PAUL A. RUOHO and KELLY J. RUOHO, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners in fee simple of the real estate hereinafter described: See Attached Exhibit 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for storm water drainage purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and 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 . S 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 temporary and perpetual easements for storm water utilities and storm water drainage purposes is described as follows, to-wit: See Attached Exhibit TO HAVE AND TO HOLD, said temporary and perpetual easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, (as to the municipal utilities) and to the public utilities service providers, its successors and assigns, forever. That Parties of the First Part do 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. It is understood and agreed that the Party of the Second Part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal utilities and storm water drainage purposes or any other purpose, and that Party of the Second Part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that Party of the Second Part will forthwith seed or resod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. 2 • It is further understood and agreed that Party of the Second Part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. The City of Oak Park Heights hereby agrees that Parties 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. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTIES OF THE FIRST PART: BY: 116 c')1/4,4bAW Pa6 A. R BY: tG O Kel HI/ii .t454 u S TATE OF MINNESOTA ) ) §§: COUNTY OF (,J* rn roN ) On this /t day of .57e/o4k.•4..Z , 1992, before me, a Notary Public, within and for said County and State, personally appeared Paul A. Ruoho and Kelly J. Ruoho, husband and wife, to me 3 . , , • III known to be the persons described in and who exe . ed the oregoing instrument and acknowledged that they execu 4, the . e as their free act and deed. ■ is IMARK J.V1ERUNG NOTARY PUBLIC-MINNESOTA '�� r WASHINGTON COUNTY public My Commission Expires July 14,1997 ✓ x (Notarial Seal) IN PRESENCE OF: PARTY OF SECOND PART: CITY OF OAK PARK HEIGHTS BY: �-C. CLtaL. Barbara O'Neal, Mayor 9,,CL 1,, ,i • k t 111'7 1 K 0 B� r d/"N,......_'44.).,.. 07. aVonne Wilson, Clerk STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) On this /Y day of 61c , 1992, 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 authori • " City Council of the City of Oak Park Heights, and s_ ' . Mayor a . Clerk acknowledge said instrument to be the free t and • - . of said City of Oak Park Heights. IgNAMMONVONAMMANWANWNWON 4110 MARK J.VIERLING t.. i`��t NOTARY PUBLIC-MINNESOTA �'°— ;� WASHINGTON COUNTY My Commission Expires July 14,1997 NOta y Public (- r Is (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney Reg. No. 112823 4 10 tai BRUCE A. FOLZ & ASSOCIATES LAND SURVEYING • LAND PLANNING 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439-8833 June 10, 1992 DRAINAGE AND UTILITY EASEMENT FROM THE OWNER OF LOT 7, BLOCK 2, BLACKWOOD TO THE CITY OF OAK PARK HEIGHTS A 40.00 foot wide drainage and utility easement over, under and across that part of Lot 7, Block 2, BLACKWOOD, according to the plat on file in the office of the County Recorder, Washington County, Minnesota lying 20.00 feet each side of the following described center line: Commencing at the southeast corner of said Lot 7; thence North 40 degrees 51 minutes 59 seconds West, bearing oriented to said plat, along the northeasterly line said Lot 7 a distance of 20.00 feet to the point of beginning of the line to be described; thence South 49 degrees 08 minutes 01 second West, parallel with the southeasterly line of said Lot 7 a distance of 244.14 feet to the northwesterly extension of a line distant 10.00 feet southwesterly of the northeasterly line of McDonald Drive as dedicated on said plat of BLACKWOOD; thence South 31 degrees 13 minutes 29 seconds East along said line 13.79 feet to said southeasterly line of Lot 7 and said center line there terminate. Also, a 20.00 foot wide temporary construction easement over, under and across that part of said Lot 7 adjoining and lying northwesterly of the northwesterly line of said drainage and utility easement. Said temporary easement shall expire on September 1, 1993. 1 hetr,der.ify that this survey, pLn. c ►ay}a.1 Wa3 prepared by ma or under my d'arst supervision and than I am a duty Rat t t;f i Land Surveyor under the laws of the Stara cd bSlnnesot3 c���-c 9'AVCEA fOt2 Dato 6-/o -9Z Beg.Na. 9 2 3 2 ENTERED IN TRANSUFER RECORD MINNESOTA '9C/t"' 19-2—t-77— WASHINGTON CO R. H. STAFFORD, AUDITOR-TREASURER BY ' - DEPUTY -.........„, \ . e so ■ N.J . 1 . \ C.-..., . ....... on c:, --r--C: OA }-4 , :...;„..:■"." -----rn ,,,... -7,,,, 1 "■} .„. de% CO CI t( 4.)7' . . . • 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 PAUL A. WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER November 19, 1992 Ms. LaVonne Wilson City Administrator City of Oak Park Heights P. 0. Box 2007 Oak Park Heights, MN 55082 Re: Temporary Easements Dear Ms. Wilson: Enclosed herewith you will find two temporary easements, one executed by Elmer L. and Ruth A. Haase, the other granted and executed by the O.L. Kern Irrevocable Trust via Violet Kern. Both affect the area of temporary easement needed for the 58th Street construction for related utilities. Ple;aseeii.avethe Mayor and yourself execute where indicated, retapial the originals for your file and forwarding back to this offige a photocopy for our file. Thank you for your prompt atte tion to this matter. Ver tr yours, Mark . Vierling MJV:sms Enclosures cc: Joe Anderlik ?J./LI/ 74) V J ( 410 TEMPORARY EASEMENT FOR STREET, WATER, SEWER, STORM SEWER, DRAINAGE AND MUNICIPAL UTILITIES THIS INDENTURE, made this 9A day of /I/o✓c.N.AL•, 1992, by and between ELMER L. HAASE and RUTH A. HAASE, husband and wife, Parties of the First Part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, Party of the Second Part. WITNESSETH: WHEREAS, the above-named Parties of the First Part are the owners 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 Parties of the First Part have this day bargained and sold, and by these presents do bargain, sell and transfer unto the City of Oak Park Heights, its successors and assigns the following: A temporary and perpetual easement for street, water, sewer, storm sewer drainage and municipal utilities purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and/or the public utilities may see fit, and construct, maintain and repair any lines, equipment, materials, or other items of the municipal utilities, storm water drainage area, for the purpose of maintaining, repairing or replacing the said storm water drainage area 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 municipal utilities, public 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 municipal utilities and storm water drainage area. TO HAVE AND TO HOLD, said temporary and perpetual easement and right-of-way unto the City of Oak Park Heights, Washington County, Minnesota, (as to the municipal utilities) and to the public utilities service providers, its successors and assigns, forever. That Parties of the First Part do 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. It is understood and agreed that the Party of the Second Part will restore said lands to as good or better a condition as it was prior to the time of any excavation for municipal utilities and storm water drainage purposes or any other purpose, and that Party of the Second Part will restore any fencing that it is necessary to remove or becomes damaged during the process of any excavation. It is further understood and agreed that Party of the Second Part will forthwith seed or resod all areas, where necessary, on said lands from which it is necessary to remove or damage the sod thereon, during the process of any excavation. It is further understood and agreed that Party of the Second Part will replace all driveways and sidewalks which it is necessary to remove or damage during the process of any excavation. 2 . • The City of Oak Park Heights hereby agrees that Parties 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. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. IN PRESENCE OF: PARTIES CF THE FIRST PART: -�r�- Elmer L. Haase Ru h fir. Haase STATE OF MINNESOTA ) COUNTY OF 494-3-#7L97/-/ ) On this V" day of AX:ae..441u2 , 1992, before me, a Notary Public, within and for said County and State, personally appeared Elmer L. Haase and Ruth A. Haase, husband - i e, o me known to be the persons described in and who ex-- • ed the fo -going instrument and acknowledged that they exec -ed the sal- as their free act and deed. Y IN MARK J.VtERLING NOTARY PUBLIC-MINNESOTA :�+►� YVASHlNGTON COUNTY t1 My Commission Expires July 14,1997 / ota y Public x (Notarial Seal) 3 S • IN PRESENCE OF: PARTY OF SECOND PART: CITY OF OAK PARK HEIGHTS BY: 60=-41 B r ara O'Neal, Mayor aVonne Wilson, Clerk STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) . /J On this 07 h day of ,/v6Zti r+t.1 - , 1992 , 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.HULyY //-/oye,.art- : �.✓�� •• NOTARY PUBLIC -MINNESOTA :a� WASHINGTON COUNTY My Commission Expires 1.17.96 No r ry ' i b l i c (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MN 55082 (612) 439-2878 ATTORNEY REG. NO. 112823 4 1 hereby certity that this survey, greet, or report repared by me or under my direct s ision end that I am a duly fiegis.srad ,, • EXHIBIT "A" La, Surveyor under the lays of the State of Minnesota, BRUCE A. FOLZ& ASSOCIATES Ga rc4c. et .tee Res f''9z34 LAND SURVEYING • LAND PLANNING BRUCE A.FOLZ D Gr. /9, /99Z 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439-8833 October 19, 1992 TEMPORARY CONSTRUCTION EASEMENTS TO THE CITY OF OAK PARK HEIGHTS FROM ELMER HAASE Using the center line of 58th Street described as follows: Beginning at the intersection of the center line of 58th Street and Trunk Highway 5 as dedicated on KERN'S EDUCATION ADDITION, according to the •, •'plat on file in the office of the County Recorder, Washington County, Minnesota, begirt engineer's station 0+00; thence South 55 degrees 42 minutes 48 seconds East, bearing oriented to said plat along said center line 671.88 feet to engineer's station 6+71.88; thence southeasterly and easterly along said center line and a tangential curve, concave to the northeast, having a radius of 700.00 feet and a central angle of 35 degrees 31 minutes 30 seconds' a distance of 434.02 feet to engineer's station 11+05.90; thence North 88 degrees 45 minutes 42 seconds East along said center line and along tangent 100.00 feet to engineer's station 12+05.90; thence easterly and northeasterly along said center line and along a tangential curve, concave to the northwest, having a radius of 700.00 feet and a central angle of 44 degrees 04 minutes 17 seconds a distance of 538.43 feet to engineer's station 17+44.33; thence North 44 degrees 41 minutes 25 seconds East along said center line and along tangent 100.00 feet to engineer's station 18+44.33 feet; thence northeasterly and easterly along said center line and a curve, concave to the southeast, having a radius of 700.00 feet and a central angle of 45 degrees 04 minutes 12 seconds a distance of 550.63 feet to engineer's station 23+94.96 feet; thence North 89 degrees 45 minutes 37 seconds East along tangent 1243.92 feet to engineer's station 36+38.88; thence South 89 degrees 36 minutes 32 seconds East 710.66 feet to engineer's station 43+49.54; thence easterly and southeasterly along a tangential curve, concave to the southwest, having a radius of 340.00 feet and a central angle of 20 degrees 00 minutes 00 seconds a distance of 118.68 feet to engineer's station 44+68.22 feet and said center line there terminate. Temporary construction easements over that part of Tract G of REGISTERED LAND SURVEY NO. 114, according to the Registered Land Survey on record in the office of the Registrar of Titles, Washington County, Minnesota described as follows: A 35.00 foot wide strip of land adjoining and lying southerly of a line 40.00 feet southerly of the above described center line from engineer's station 31+00.00 to 34+00.00. Also, a 20.00 foot wide strip of land adjoining and lying southerly of a line 40.00 feet southerly of the above described center line from engineer's station 34+00.00 to 39+00.00. Also, a 120.00 foot wide strip of land adjoining and lying southerly of a line 40.00 feet southerly of the above described center line from engineer's station 39+00.00 to 43+49.54. Also, a 100.00 foot wide strip of land adjoining and lying southerly of a line 40.00 feet southerly of the above described center line from engineer's station 43+49.54 to 44+68.22. The above described temporary construction easements shall expire on June 1, 1994 . EXHIBIT "A" I • III 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 PAUL A.WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J.WEIDNER November 19, 1992 Ms. LaVonne Wilson City Administrator City of Oak Park Heights P. O. Box 2007 Oak Park Heights, MN 55082 Re: Temporary Easements Dear Ms. Wilson: Enclosed herewith you will find two temporary easements, one executed by Elmer L. and Ruth A. Haase, the other granted and executed by the O.L. Kern Irrevocable Trust via Violet Kern. Both affect the area of temporary easement needed for the 58th Street construction for related utilities. Ple. --'`-havethe Mayor and yourself execute where indicated, reta' the orig'nals for your ll file and forwarding back to this offi• a photoco y for our file. Thank you for your prompt atte tion to • is matter. Ver tr yours, Mark .'Vierling MJV:sms Enclosures cc: Joe Anderlik 110 411 v.. • TEMPORARY EASEMENT FOR STREET AND PUBLIC UTILITY CONSTRUCTION PURPOSES THIS INDENTURE, made this /( day of 7ZL/ 1 Trustee of the 0. L. Kern Irrevocable Trust 1992, by and between VIOLET KERN, a single person,/ 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 temporary easement for street and public utility construction purposes with the right to enter upon the real estate hereinafter described at any time that the City of Oak Park Heights and may see fit, and construct, maintain and repair any lines, equipment, materials, or other items for the purpose of maintaining, repairing or replacing 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 street 110 and public utilities and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said street and public utilities area. That said temporary easement for street and public utilities purposes is described as follows, to-wit: See Attached Exhibit "A" TO HAVE AND TO HOLD, said temporary 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. IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and year first above written. 2 • IN PRESENCE OF: PARTY OF THE FIRST PART: 4)11)02j II Violet Kern 44iZ(1N'A STATE OF WINNEee`1zA ) COUNTY OF /h jicofla ) On this /0 day of devomFs 2- , 1992 , before me, a Notary Public, within and for said County and State, personally appeared Violet Kern,* to me personally known to be person who executed the foregoing instrument. a single person, Trustee of the 0. L. Kern Irrevocable Trust l Notary di lic My Commission Expires Oct.31, 1993 (Notarial Seal) IN PRESENCE OF: PARTY OF SECOND PART: CITY OF OAR PARK HEIGHTS B rbara O'Neal, Mayor BY: J.ck...r_ G+■+ �— aVonne Wilson, Clerk 3 i STATE OF MINNESOTA ) ) §,S: COUNTY OF WASHINGTON) ti On this p74 ' day of 44 , 1992 , 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. 44- JUUY L.HOLST , - �Gk%I 1/, - ' " NOTARY PUBLIC•MINNESOTA -� •11 ti* WASHINGTON COUNTY NOt r y P C \Its,. MY Commission Expires 1-17.96 (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439-2878 Attorney Reg. No. 112823 4 •W • • • •• • EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENTS TO THE CITY OF OAK PARK HEIGHTS FROM VIOLET KERN Using the center line of 58th Street described as follows: Beginning at the intersection of the center line of 58th Street and Trunk Highway 5 as dedicated on KERN'S EDUCATION ADDITION, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, begin engineer's station 0+00; thence South 55 degrees 42 minutes 48 seconds East, bearing oriented to said plat along said center line 671.88 feet to engineer's station 6+71.88; thence southeasterly and easterly along said center line and a tangential curve, concave to the northeast, having a radius of 700.00 feet and a central angle of 35 degrees 31 minutes 30 seconds a distance of 434.02 feet to engineer's station 11+05.90; thence North 88 degrees 45 minutes 42 seconds East along said center line and along tangent 100.00 feet to engineer's station 12+05.90; thence easterly and northeasterly along said center line and along a tangential curve, concave to the northwest; having a radius of 700.00 feet and a central angle of 44 degrees 04 minutes 17 seconds a distance of 538.43 feet to engineer's station 17+44.33; thence North 44 degrees 41 minutes 25 seconds East along said center line and along tangent 100.00 feet to engineer's station 18+44.33 feet; thence .northeasterly and easterly along said center line and a curve, concave to the southeast, having a radius of 700.00 feet and a central angle of 45 degrees 04 minutes 12 • seconds a distance of 550.63 feet to engineer's station 23+94.96 feet and said center line there terminate. Temporary construction easements over that part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West, Washington County, Minnesota described as follows: t A 20.00 foot wide strip of land adjoining and lying northerly of a line 40.00 feet northerly of the above described center line from engineer's station 0+00. to engineer's station 17+44.33. Also, a 50.00 foot wide strip of land adjoining and lying northerly of a line • 40.00 feet northerly of the above described center line from engineer's station 17+44.33 to 20+00.00. Also, a 35.00 foot wide strip of land adjoining and lying northerly of a line 40.00 feet northerly of the above described center line from engineer's station 20+00.00 to 22+00.00. The above described temporary construction easements shall expire on February 28 , 1994 • • • • Li - 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 PAUL A.WOLFF MARK J.VIERLING GREGORY G.GALLER _ - �'4 KEVIN K. SHOEBERG i! II THOMAS J.WEIDNER October 29, 1992 1 �'j 1.11/�1 Mr. Paul Dove - 1 Attorney at Law 5881 Cedar Lake Road Minneapolis, MN 55416 Re: Your Client: Violet Kern Our Client: City of Oak Park Heights Our File No. : 1501-7247 Request for Grant of Temporary Construction Easement Dear Mr. Dove: Enclosed you will find a proposed temporary easement for street and public utility construction purposes as well as a legal description and survey prepared by Mr. Bruce Folz indicating the area of temporary construction easement that we are requesting permission from your client for. We would propose to have the temporary construction easement in force for a period of approximately a year and a half and, although that period of time is certainly far more than what is needed, the City has not yet firmly established a construction date on 58th Street itself and, therefore, we would request the year and half period of time. • The City will be constructing utilities within the area in order to serve the Stillwater Senior High School in the very near future and the engineer is requesting the area of temporary easement so as to facilitate that construction as well as the street. If you could please review this matter with your client and advise me as to any concerns or comments that you might have, I would sincerely appreciate it. Very truly yours, Mark J. Vierling MJV:sms Enclosures cc: Mayor Barbara O'Neal LaVonne Wilson • • (-7 LAW OFFICES OF - ` ECKBERG, LAMMERS, BRIGGS, WOLFF 8c VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (6121439-2878 JAMES F. LAMMERS FAX (612) 439-2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J, WEIONER October 15, 1992 Mr. & Mrs. Paul Ruoho 12640 - 53rd Street Stillwater, MN 55082 Re: Final Payment Regarding Easement Acquisition Dear Mr. & Mrs. Ruoho: Enclosed herewith you will find the City of Oak Park Heights ' check made payable to your order in the amount of $1, 800.00. This office has received and is in the process of recording two Subordination Agreements from the mortgage lenders affecting your homestead premises. All other obligations of the City as it affects replacement of vegetation is best coordinated through the office of the city engineer drawn to the attention of Mr. Joseph Anderlik at he can be reached at 646-4600. Thank you for the cooperation that you have shown during the course of this process and, as always, should you have any other concerns as it affects this matter, please feel free to contact me directly. • Very truly yours, • Mark J. Vierling MJV:sms Enclosures (1) cc: Mayor Barbara O'Neal • CITY OF OAK AK PARK HEIGHTS MINUTES OF MEETING HELD TUESDAY, OCTOBER 13, 1992 Staff Reports were discussed at 6 :15 p.m. Regular meeting called to order at 7 : 00 p.m. by Mayor O'Neal. Present: Doerr, Carufel, Seggelke, Vierling, Anderlik and Wilson. Absent: Kern. Carufel, seconded by Seggelke, moved to direct Charles Dougherty to request Ordinance text amendment to allow a Bed & Breakfast in a R-2 zone and to request a wine on-sale license. Public hearing to be scheduled Monday, November 9, 1992 at 7 :00 p.m. based on the application being submitted and fees paid. 4 aye votes. Carried. Clerk read public hearing notice , presented affidavit of publication and mailing list for request submitted by Larry Palmer for a Conditional Use Permit for a Home Occupation License. Mayor called for comments and discussion ensued. Doerr, seconded by Carufel, moved to close hearing. 4 aye votes. Hearing closed. Seggelke, seconded by Carufel, moved to grant the above request subject to Home Occupation regulations and Mr. Palmer ' s documentation provided to the city. 4 aye votes. Carried. Doerr, seconded by Seggelke, moved to approve low bid from Layne Minnesota Co. , Inc. in the amount of $15 , 940.00 for Well Pump No. 1 Repair with monies to be expended from Water Fund. Clerk to retain two lowest bids and return remaining three. 4 aye votes. Carried. Canvas of election is scheduled for Wednesday, November 4, 1992 at 7 :00 p.m. Employee workshop to follow at approximately 7 :15 p.m. Park Commission will meet Monday, November 19, 1992 at 6 :30 p .m. at City Hall. Carufel, seconded by Seggelke, moved to appoint Temporary Deputy Police Chief Lindy Swanson to Police Chief effective January 1 , 1993 . 4 aye votes. Carried. Carufel, seconded by Doerr, moved to adjust above salary $200.00 per month based on 1992 base salary effective January 1, 1993 . 4 aye votes. Carried. Seggelke, seconded by Doerr, moved to direct City Attorney to transact easement contract with Mr. & Mrs. Ruoho. 4 aye votes. Carried. • CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this 13th day of Oc ,bon , 1992 by and between: GERALD SCHOENECKER, JR., a single person, and MARY C. SCHOENECKER, a single person, hereinafter referred to as "Owners", and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, the Owners are fee owners of record of certain properties situated within the City; and WHEREAS, the City desires to construct a street/detached frontage road and storm water relief system, over, under, across and through that certain real property owned by Owners in City; and WHEREAS, the parties hereto desire to facilitate the early construction of said detached frontage road and storm water relief system pending final approval for the same by the Minnesota Department of Transportation and final resolution of damages arising therefrom, if any. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owners hereby grant unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in the City more particularly described in the Exhibit A attached hereto and incorporated herein by reference and shown as the area denoted as Temporary and Permanent Easements in the August 4, 1992 survey prepared by McCombs, Frank, Roos and Associates, a true and correct copy of the same S S being attached hereto and incorporated herein by reference to Exhibit B for the purpose of constructing a storm water relief system over, under, across and through said real property. 2) That the Owners hereby specifically waive any claim they may have for trespass arising out of activities of the City in constructing said proposed detached frontage road and storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to tY g g g enter upon Owners' property for the purpose of completing construction of said detached frontage road and storm water relief system in an expeditious manner. 4) The City shall provide reasonable access at all times to Owners' property during the construction contemplated herein. 5) That the Owners do not waive their right to just compensation for the taking of said permanent and temporary easements granted hereunder and that the City undertakes to expedite the determination of just compensation due Owners and, in the event that the City and Owners cannot agree as to just compensation, that the City shall initiate proceedings in eminent domain in an expeditious manner. 5) That for purposes of computing just compensation, the date of taking shall be the date hereof. 6) The City shall indemnify, hold haLuless and defend the Owners, their heirs, successors and assigns from any claims, damages or liability (including attorney fees) of any kind arising out of, incident to, or in connection with the use, non-use, ownership, condition, design or construction provided for herein or any part hereof, whether or not due to the negligence of the City or any contractor or its or their employees, servants or agents except for liability arising out of the intentional acts or gross negligence of the Owners, their heirs, successors or assigns. • 11 IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. Gerald Schoenecker, Jr. ..1,1 Diary C. hoenecker STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) th The foregoing instrument was executed before me, a notary public, on this J!' day of 0 ter , 1992, by Gerald Schoenecker, Jr. and Mary C. Schoenecker. c!�7 otary Public CITY OF OAK PARK HEIGHTS, Washington County, Minnesota RICHARD C. � � •:OTARY PUBLIC- I, WASHINGTON yc a m.bp. 0%IOW By 8 -` a,La_. Its Mayor JJ Its i Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was executed before me, a nota public, on this i3t day of ( j , 1992, by `l nct (H. 0`/g , Its Mayor, and a (Inn,u L1 )4cril Its City Clerk, of the City of Oak Park Heights, on behalf of said City. No ry cPublicc o /1 guile c T retzmaRR Iv 'A6,1'PUBLIC—MINNLSOIA ' 5H,?1GTON COUNTY ccrnrnissiorexpires "1.16-93 This Instrument Drafted By: r'w 1� 411 onT 7 1992 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 PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER October 6, 1992 Ms. LaVonne Wilson City Clerk Oak Park Heights City Hall 14168 - 57th Street North Oak Park Heights, MN 55082 Re: Consents to Enter and Waiver of Trespass Dear LaVonne: Enclosed herewith please find original Consents to Enter and Waiver of Trespass executed by: a. Jerald S. and Kathryn L. Mechelke; b. Stillwater Aerie No. 94; c. Gardner J. Thomas; and d. Wal-Mart Stores, Inc. Copies of these documents have been prov. . -4 to the appropriate parties who have executed same and the orig. als should be kept within your file. Yours ery ruly, +fir• �' '""'„_ � R a17, J. Vierling MJV:sms Enclosures (1) 410 411 CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this 22nd day of September , 1992 by and between: Jerald S. Mechelke and Kathryn L. Mechelke, husband and wife, hereinafter referred to as "Owner" , and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipalcorporation, hereinafter referred to as "City" . WITNESSETH: WHEREAS, the Owner is fee owner of record of certain properties situated within Oak Park Heights, Washington County, Minnesota; and WHEREAS, the City desires to construct a street/detached frontage road and storm water relief system over, under, across and through that certain real property owned by Owner in Oak Park Heights; and WHEREAS, the parties hereto desire to facilitate the early construction of said detached frontage road and storm water relief system pending final approval for same by the Minnesota Department of Transportation. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owner hereby grants unto the City, its agents, employees, successors and assigns the right to enter upon that real . . , . property situated in Oak Park Heights more particularly described in the area denoted as temporary and permanent easement in the August 4, 1992 survey prepared by McCombs, Frank, Roos & Associates, Inc. , a true and correct copy of same being attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief system over, under, across and through said real property. 2) That the Owner hereby specifically waives any claim he may have for trespass arising out of activities of the City in constructing said proposed detached frontage road and storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owner's property for the purpose of completing construction of said detached frontage road and storm water relief system in an expeditious manner. 4) City will provide reasonable access to Owner ' s property at all times during construction herein. IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. . . :d, .mo t Jerald S. Mechelke rikaike_ 'a ry idi, Y, Mechelke Subscrib- • and s •rn to before me t i day of , A�a MARK J.VIERUNG ll INOTARVPUBUCMNESOTAI N• Public WASHINGTON COUNTY (Nota a l Seal) - My Commission Expires July 14,1997 timmNAmmAmmAmmmommAmmNs 2 • ` . CITY OF OAK PARK HEIGHTS, Washington County, Minnesota BY: 4A1)0_,La_ IV a, Its: Mayor BY: ( _-, GIL) .rut.K.i.• ' Its: City Clerk STATE OF MINNESOTA ) ) §§: COUNTY OF WASHINGTON) The foregoing instrument was executed before me, a notary ublic, on this (,/ day of U , 1992 , by coG a. /1. 0//).zed , Its Mayor, and k vac L,U,r &, Its City Clerk, of the City of Oak Park Heights, on behalf of said City. JUDY L HOLST // d UTARY PUBLIC•MINNESOTA /' WASHINGTON COUNTY Commission Expires 1-17-98 No y P/.l lc (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 Attorney Reg. No. 112823 3 110 111 CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT Tpri4VTER AND nTA VER OF TRESPASS AGREEMENT is entered into this 61, 1 day of , Q.kJ, 1992 by and between: Stillwater Aerie No. 94, Fraternal Order of Eagles, a Minnesota Nonprofit Corporation, hereinafter referred to as "Owner", and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, the Owner is fee owner of record of certain properties situated within Oak Park Heights, Washington County, Minnesota; and WHEREAS, the City desires to construct a street/detached frontage road and storm water relief system over, under, across and through that certain real property owned by Owner in Oak Park Heights; and WHEREAS, the parties hereto desire to facilitate the early construction of said detached frontage road and storm water relief system pending final approval for same by the Minnesota Department of Transportation. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owner hereby grants unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in Oak Park Heights more particularly described II! 411 in the area denoted as temporary and permanent easement in the August 4, 1992 survey prepared by McCombs, Frank, Roos & Associates, Inc. , a true and correct copy of same being attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief system over, under, across and through said real property. 2) That the Owner hereby specifically waives any claim he may have for trespass arising out of activities of the City in constructing said proposed detached frontage road and storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owner's property for the purpose of completing construction of said detached frontage road and storm water relief system in an expeditious manner. 4) City will provide reasonable access to Owner's property at all times during construction herein. Further, if construction work enters into areas on Owner's property not within the easement, then the City will restore the condition of such areas to that which existed prior to such entry. IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. STILLWATER AERIE NO. 94 - FRATERNAL ORDER OF EAGLES 2 r _y � BY. ,. i,,•-�r_�,, - „ , sc- - s; Secretary Trus -- 2 • • Subscribed a ,corn to before me th.,- --� day of „ F / , 1992. Notary Pub ' .c (Notarial Seal) TRACEY LYNN RILEY CITY OF OAK PARK HEIGHTS, Washington County, Minnesota NOTARY PUBLIC-MINNESOTA WASHINGTON COUNTY MY COMMISSION EXPIRES JULY 12,1998 --;24 BY: Gub Its: Mayor Its: City Clerk STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) The foregoing instrument was executed before me, a notary ublic, on this Cow''` day of Q , 1992, by GU���tu,u L)% 4ti , Its Mayor, and Its City Clerk, of the City of Oak Park Heights, on behalf of said City. JUDY I_ - ///-42-e-44 NOTARY PUBLIC MINNESOTA WASHINGTON COUNTY My Commission Expires 1-17-96 No(y P ,•1 i c (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 Attorney Reg. No. 112823 3 111 CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this 30th day of SeptemhPr , 1992 by and between: Gardner J. Thomas, a single person, hereinafter referred to as "Owner" , and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipal corporation, hereinafter referred to as "City" . WITNESSETH: WHEREAS, the Owner is fee owner of record of certain properties situated within Oak Park Heights, Washington County, Minnesota; and WHEREAS, the City desires to construct a street/detached frontage road and storm water relief system over, under, across and through that certain real property owned by Owner in Oak Park Heights; and WHEREAS, the parties hereto desire to facilitate the early construction of said detached frontage road and storm water relief system pending final approval for same by the Minnesota Department of Transportation. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owner hereby grants unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in Oak Park Heights more particularly described in the area denoted as temporary and permanent easement in the August 4, 1992 survey prepared by McCombs, Frank, Roos & Associates, Inc. , a true and correct copy of same being attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief system over, under, across and through said real property. 2) That the Owner hereby specifically waives any claim he may have for trespass arising out of activities of the City in constructing said proposed detached frontage road and storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owner's property for the purpose of completing construction of said detached frontage road and storm water relief system in an expeditious manner. 4) City will provide reasonable access to Owner ' s property at all times during construction herein. IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. Gardner -0++0'' omas Subscribed - . swo to before me this `"� day of mot - , 1992 . ! q x MARK J.VIERLING � 'NOTARY PUSLIGMINNESOTA ' WASHINGTON COUNTY Notar Pu• iC My Commission Expires July 14,199) w AMAAAM )1 (Notarial Seal) 2 . . 411 CITY OF OAK PARK HEIGHTS, Washington County, Minnesota BY: a/C- c Its: Mayor BY:/' 11„ Jr„�.�—, t4. Its: City Clerk STATE OF MINNESOTA ) ) 5§: COUNTY OF WASHINGTON) The foregoing instrument was executed before me, a notary ublic, on this (0,-/k- day of Q441-C1-4,1. , 1992 , by C(4. )�. 01/1-e,41) , Its Mayor, and (Jy,z-roc_ fitJ,�Q,a.,�n Its City Clerk, of the City of Oak Park Heights, on behalf of said City. 4 JUDY L HOIST NOTARY PUBLIC-MINNESOTA t, WASHINGTON COUNTY /i7/eA62- lP My Commission Expires t-t 7-96 No ,:ey P e lc ■ (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 Attorney Reg. No. 112823 3 110 The undersigned parties to real estate transactions taking place on this 36 --day of A .m1 L , 1992, affecting real property located within Washington County, State of Minnesota, consisting in part as follows: Lot 1, Block 1, WAL-MART ADDITION Part of Tract G Registered Land Survey No. 57, files of the Register of Titles, Washington County, Minnesota. The parties hereto agree that if requested by any party hereto the others shall reasonably cooperate and adjust for clerical and surveying errors, if any, reflected within any closing deeds and documentation executed by the parties as of this date. Th e par ties will execute documentation so as to assure that the deeds executed as of this date will conform and be acceptable in the market place P p in the instance of transfer, sale and conveyance. IN WITNESS WHEREOF, the parties have hereunto executed the foregoing instrument as of the day and year first above written. WAL-MART STORES, INC. BY: lir Brill Or Attorney CITY OF OAK HEIGHTS BY: Arkiagimii1111111 Ma k J. Vierling I .s: Attorney Gardner Thomas SEP 2 -92 TUE 16,61 SBG & D LAW FIRM - MPLS, FAX NO, 612+339+6591 P, 02 69/22015:08 $ 812 439 2878 ',RC L 8 if d V it 02 T 79_,A102.011 AAA WAIVER O E SA THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this 23rd , day of _September , 1992 by and between; Wal-Mart starve, Inc. a corporation, hereinafter referred to ae "Owner", and CITY OF OAK PARK HEIGHTS, Washington County . Minnesota, a lth 'icipa'i'cosporati:'oi , hereinafter rued to as " i,t, ��♦ ri { ..:. i �JL. �. ve" 7:W i•. l� �d WITNESSETH: WHEREAS, the Owner is foe owner of record of certain properties situated within Oak Park Heights, Washington County, Minnesota; and WHEREAS, the City desires to construct a street/detached I r frontage road a xd'storm water relief system over', .under,. across'and' through that certain real property owned by Owner in OM perk Heights, and ' WHEREAS, the parties hereto desire to faoilitate the early construction of said detached frontage road and.,storm water relief eyetem pending final approval for same by the Minnesota Department of Transportation. ` NOW, TNEtEFORE, it is agreed by and between the parties as follows; 1) That Owner hereby grants unto the City, ' its agents, employees, successors and assigns the right to enter upon that real property situated in Oak Park Heights more particularly' described t SE-1-4-92 CUE 16:o SBG & 0 LAiW' FIRM - NPLS. FAX NO 612+339+6591 P. 03 @9/22411 15:@7 a 812 439 2878 •ERGLBW & V 93 • in the area denoted as temporary and permanent easement in the AugnM 4, 1992 survey proparod by McCembe, Frank, i laws do Associates, Inc. , a true and correct copy of same being attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief system over, under, across and through said real property. 2) That the Owner hereby specifically W&iVes any claim he may have for trespass arising out of activities of the City in constructing said propo': 'ed detatil'ed front age raid storm water relief eyStettr: ;; 3) That the City, its agents, employees, aucceseots and aesigno have the right to enter upon Owner's property for the pt}rpoae of completing construct on of sa .d .deter 4 frontage' road:. aril'storm water' relief system in an expeditious` manner 4) City'will' provide °reasonable acces's to Owner''s property at'e'li times 'during' construction herein: Upson obtaining' required and/or necessary periiite from MnDOT and other state or,local. agencies as well as conveyances from adjoining landowners necessary to the construction of a detached frontage road as shown in the August 4, 1992 Survey of MoComba, Frank, Roos & Associates, Inc. , the City of Oak Puit Heights shall proceed with:due diligence to construct the detached frontage road at Novell Avonue in the manner Specified by the City E 'ineer. ' 6) See below * y Y 7) Wal-Mart may not revoke this Waiver'of Trespass and Right of ;Entry until Such time as the Minnesota Department of Transportation has completed all of the terms and conditions of its Vie; i * City agrees to indemnify, defend and hold .Wal-Mart Stores, Inc. harmless fr'om'an and all claims, demands, damages, and causes oft action including reasonable attorney's fees, at any time arising from the construction of the street/detached frontage road and ����.�..• storm water relief system referred to above. it •• 1 SEP-22-92 TUE 16:53 SBG & D LAW FIRM - MPLS. FAX NO 612+339+6591 P, 04 e9,24)15:07 0 612 439 2878 •ERC L B W & V la 04 responsibilities to the City of Oak Park Heights pursuant to the Supplemental Agreement and permits to be issued to and eXecutes between the City of Oak Park Heights and MnDOT so AS to allow the oonetruotion of the detached frontage road at Horan Avenue and Trunk Highway 35 by the City of Oak Park Heights on behslf of ° MnDOT. IN WITNESS WHEREOF, the parties hereto have set their handa all as of the day and year first above written. WAL-MART STORES, C. V' 4: ,e40, 4 BY: Its: ass r �',`t�� ,,e6-,,,D6--„t„ ; Subdoribedj and sworn ta befc�i~e. r :... . i ! tip.., day or _ f 1992.: ! i All airy Publ o i My CommissionExpires My1✓,1U 3 (Notarial Seal) CITY OF OAK PARK HEIGHTS, WasshAngton County, Minnespta e BY: , _ V� Its: Mayor clL J _ Its: City Clerk 3 'l , SEP-2 -92 TUE 16:53 S G & D LAW FIRM - MPLS. FAX NO. F12+339+6591 P. 05 09/2 16:08 II 612 439 2878 •ERC L B R & V 0 05 STATE OP MINNESOTA ) COUNTY OF WASHINGToN�50 The foregoing instrument was executed before me, a notary •ublic, on th ie -"ti day of 1892, by . • , Ite Mayor, an• is C ty C erk, of the City of Oak Par He�ts, oh beha •f said City. JUOY L HOLST _ NOTARY plJgltC•MINNESOTA � Q � aR ; My Co mittlionT'ON COUNTY 4—m - }I 6'`L�l -`' Expires 1-17-96 Not.,,?` Pu T a (Notarial T$IS,.IN$TRpMENT DRAF'T�D BY: ,RR, VIERLING ECKSERG,' LAMMERS, BRIGGS, wow"! y m orth eetet n Ave»u� . ,, . / Stir water, Dpi 55002 Attorney Reg. No 112823 4 ; 411 411 CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this 5th day of Otobx , 1992 by and between: THOMAS E. TORSETH and BEVERLY L. TORSETH, husband and wife, hereinafter referred to as "Owners" , and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipal corporation, hereinafter referre d to as "City" . Cit y . WITNESSETH: WHEREAS, the Owner(s) are fee -owners of record of certain properties situated within Baytown Township, Washington County, Minnesota; and WHEREAS, the City desires to construct a storm water relief system over, under, across and through that certain real property owned by Owners in Baytown Township; and WHEREAS, the parties hereto desire to facilitate the early construction of said storm water relief system pending final resolution of damages arising therefrom. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owner(s) hereby grant unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in Baytown Township more particularly described in the Exhibit A attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief 411 . system over, under, across and through said real property. 2) That the Owner(s) hereby specifically waive any claim they may have for trespass arising out of activities of the City in constructing said proposed storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owner(s' ) property for the purpose of completing construction of said storm water relief system in an expeditious manner. Upon the completion of the construction thereof, the City shall restore Owners' property to a condition equal to or better than the condition before construction on Owner(s' ) property by re-establishing the natural grades free of surface rocks and debris and to back seed the same so that the disturbed areas envisioned hereunder shall be restored to said original condition. 4) That the Owner(s) do not waive their rights to just compensation for the taking of permanent and temporary easements granted hereunder and that the City undertakes to expedite the determination of just compensation due Owner(s) and, in the event that the City and Owners cannot agree as to just compensation, that the City shall initiate proceedings in eminent domain in calendar year 1992 . 5) That for purposes of computing just compensation, the date of taking shall be the date hereof. 6) City undertakes to provide reasonable access to Owner(s' ) property at all times material herein. 2 410 411 • . IN WITNESS WHEREOF, the P arties hereto have set their hands all as of the day and year first above written. OWNERS 14,1414(2 4, THOMAS E. TORSETH r � y L sc 1..:n r e-4 BEVERLY L. TORSETH Su•s t and s gor( to before is , - o 1 .J _A1 1992 - AfWAFF Nota ra': is_ _ ��',. (Notarial Seal) " -- MICHELLE MAGNUSON NOTARY PUBLIC- MINNESOTA WASHINGTON COUNTY CITY OF OAK PARK HEIGHTS, Washington My mmrshokm wpm WNW County, Minnesota BY: f Its ayor BY. ZC„.J/� w.r✓ It tnager STATE OF MINNESOTA ) ) §§: COUNTY OF WASHINGTON) The foregoing instrument was executed before me, a notary public, on this LS'�'� day of �� , 1992, 3 �► • by a.i:. a Q%�,e-cc,(, Its Mayor, and ,a.,4y:nu- (,[ .� ,A. Its Manager, of the City of Oak Park Heights, on behalf of said City. .i' NOTARY PUBLIC CH MINNESOTA WASHINGTON COUNTY No y P lie • MY Commission Expires 1.17-96 (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 Attorney Reg. No. 112823 4 14k '' 411 CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this 5th day of Octobe,t , 1992 by and between: JAMES W. TORSETH and CARA N. TORSETH, husband and wife, hereinafter referred to as "Owners", and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipalcorporation, hereinafter referred to as "City" . WITNESSETH: WHEREAS, the Owner(s) are fee owners of record of certain properties situated within Baytown Township, Washington County, Minnesota; and WHEREAS, the City desires to construct a storm water relief system over, under, across and through that certain real property owned by Owners in Baytown Township; and WHEREAS, the parties hereto desire to facilitate the early construction of said storm water relief system pending final resolution of damages arising therefrom. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owner(s) hereby grant unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in Baytown Township more particularly described in the Exhibit A attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief • r . system over, under, across and through said real property. 2) That the Owner(s) hereby specifically waive any claim they may have for trespass arising out of activities of the City in constructing said proposed storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owner(s' ) property for the purpose of completing construction of said storm water relief system in an expeditious manner. Upon the completion of the construction thereof, the City shall restore Owners' property to a condition equal to or better than the condition before construction on Owner(s' ) property by re-establishing the natural grades free of surface rocks and debris and to back seed the same so that the disturbed areas envisioned hereunder shall be restored to said original condition. 4) That the Owner(s) do not waive their rights to just compensation for the taking of permanent and temporary easements granted hereunder and that the City undertakes to expedite the determination of just compensation due Owner(s) and, in the event that the City and Owners cannot agree as to just compensation, that the City shall initiate proceedings in eminent domain in calendar year 1992. 5) That for purposes of computing just compensation, the date of taking shall be the date hereof. 6) City undertakes to provide reasonable access to Owner(s' ) property at all times material herein. 2 � � ! • r IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. OWNERS e 777— * JAM W. TORSETH /// fi(,j , f f1 r \ �(f CARA N. TORSETH Subscribed and sworn to before this , day of(,lr. a., 1992. ,JEANNEM.MITaL obli nvtnmrrue►ac-WnCH n► a ii 1 'K/k t-.€ 1`C*71tdelf*C-20,_, Notary Public (Notarial Seal) CITY OF OAK PARK HEIGHTS, Washington County, Minnesota BY: e Its ayor By t4 a 1210a_d_efie _ ager STATE OF MINNESOTA ) ) §§: COUNTY OF WASHINGTON) The foregoing instrument was executed before me, a notary public, on this t_4".`it day of 424jni?. , 1992, 3 F , ,• . III by lil.uti t,u ,9. L//2,,,,, , Its Mayor, and /A./la-v.-I.-A-4— ‘l-i-G1.4., Its Manager, of the City of Oak Park Heights, on behalf of said City. JUDY 1.HOLST..... [ 'C.L/l , NOTARY PUBLIC-MINNESOTA WASHINGTON COUNTY Not..►' P ;- Ic My Commission Expires 1-17-96 (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 Attorney Reg. No. 112823 4 CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this 5th day of O tobe>c , 1992 by and between: ARTHUR R. TORSETH and JOANNE K. TORSETH, husband and wife, hereinafter referred to as "Owners", and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipal corporation, hereinafter referred to as "City" . WITNESSETH: WHEREAS, the Owner(s) are fee owners of record of certain properties situated within Baytown Township, Washington County, Minnesota; and WHEREAS, the City desires to construct a storm water relief system over, under, across and through that certain real property owned by Owners in Baytown Township; and WHEREAS, the parties hereto desire to facilitate the early construction of said storm water relief system pending final resolution of damages arising therefrom. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owner(s) hereby grant unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in Baytown Township more particularly described in the Exhibit A attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief • system over, under, across and through said real property. 2) That the Owner(s) hereby specifically waive any claim they may have for trespass arising out of activities of the City in constructing said proposed storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owner(s' ) property for the purpose of completing construction of said storm water relief system in an expeditious manner. Upon the completion of the construction thereof, the City shall restore Owners' property to a condition equal to or better than the condition before construction on Owner(s' ) property by re-establishing the natural grades free of surface rocks and debris and to back seed the same so that the disturbed areas envisioned hereunder shall be restored to said original condition. 4) That the Owner(s) do not waive their rights to just compensation for the taking of permanent and temporary easements granted hereunder and that the City undertakes to expedite the determination of just compensation due Owner(s) and, in the event that the City and Owners cannot agree as to just compensation, that the City shall initiate proceedings in eminent domain in calendar year 1992 . 5) That for purposes of computing just compensation, the date of taking shall be the date hereof. 6) City undertakes to provide reasonable access to Owner(s' ) property at all times material herein. 2 • . IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. OWNERS 6 AR R. TORSETH /`‘/42tf, JO E K. TORSETH Subscribed and sworn to before this .15C4. day ofjedzetak) 1992 . Notary Public AAAAMAAAA BARBARA t. BRANOT (Notarial Seal) Notary Put)iic-Minnesota .L_. My ConHennepin on res 8/1/97 CITY OF OAK PARK HEIGHTS, Washington County, Minnesota BY: �� �" 2./e Its a or I Manager STATE OF MINNESOTA ) ) §§: COUNTY OF WASHINGTON) The foregoing instrument was executed before me, a notary public, on this ,5' t'� day of 1992, 3 • • • • by Its Mayor, and Its Manager, of the City of Oak Park Heights, on behalf of said City. JUDY L HOIST k NOTARY PUBLIC-MINNESOTA WASHINGTON COUNTY Asr My Commission Expires 1-17-98 Not:►y P :11c (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 Attorney Reg. No. 112823 4 ✓ .. 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(1)lil to Q p tis ' Ot E3a. If . A A. RUC —It „I toli + ER `if Y ' ` Et G A CORRECT a I SURiVEY Ate. . : m IS NAVE SEEN .4 r RVEY OR PLAN 'WAS P tEP - 1 A DULY RI 'O,�E TIME . A-TE OF MINNESOTA, 1815NORTHWESTERN T 111 411 CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this 5th day of Octabex , 1992 by and between: DELORES E. HODGSON and RICHARD H. HODGSON, husband and wife, hereinafter referred to as "Owners" , and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipal corporation, hereinafter referred to as "City" . WITNESSETH: WHEREAS, the Owner(s) are fee owners of record of certain properties situated within Baytown Township, Washington County, Minnesota; and WHEREAS, the City desires to construct a storm water relief system over, under, across and through that certain real property owned by Owners in Baytown Township; and WHEREAS, the parties hereto desire to facilitate the early construction of said storm water relief system pending final resolution of damages arising therefrom. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owner(s) hereby grant unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in Baytown Township more particularly described in the Exhibit A attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief • system over, under, across and through said real property. 2) That the Owner(s) hereby specifically waive any claim they may have for trespass arising out of activities of the City in constructing said proposed storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owner(s' ) property for the purpose of completing construction of said storm water relief system in an expeditious manner. Upon the completion of the construction thereof, the City shall restore Owners' property to a condition equal to or better than the condition before construction on Owner (s' ) property by re-establishing the natural grades free of surface rocks and debris and to back seed the same so that the disturbed areas envisioned hereunder shall be restored to said original condition. 4) That the Owner(s) do not waive their rights to just compensation for the taking of permanent and temporary easements granted hereunder and that the City undertakes to expedite the determination of just compensation due Owner(s) and, in the event that the City and Owners cannot agree as to just compensation, that the City shall initiate proceedings in eminent domain in calendar year 1992 . 5) That for purposes of computing just compensation, the date of taking shall be the date hereof. 6) City undertakes to provide reasonable access to Owner(s' ) property at all times material herein. 2 • IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. OWNERS DELORES E. HODGSON RICHARD H. HODGSOlo/ Subscrib and sworn to before this ; day of , 1992 . /Ai wtikewitAA,P.A...wovvve. Ala ill tit 40. •tart' Public . D:.36Ln:; C::t,NTY M;Co oaniaar r1«4uaa Aug.6,MS (Notarial Seal) CITY OF OAK PARK HEIGHTS, Washington County, Minnesota BY: /2 _ 1''` ` A_Lak Its Mayor • BY• �410404 wa Its Ma ager STATE OF MINNESOTA ) ) §§: COUNTY OF WASHINGTON) The foregoing instrument was executed before me, a notary public, on this � ` day of �� ,z, , 1992, 3 • • byU , /-7f 0 „�c. / , Its Mayor, and . a Lc- 14./ -vi Its Manager, of the City of Oak Park Heights, on behalf of said City. j"'1 JUDY L HOLST 3 /76--674-- NOTARY PUBLIC•MINNESOUI (�, VYASt1tNGTON COUNTI/ No ry P 1 lc `4s.:: Mr Commission Ex**1-1746 (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 Attorney Reg. No. 112823 4 • • I , CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this S day of -5;" (p•T- , 1992 by and between: JOHN C. TORSETH and CORINNE A- TORSETH, husband and wife, hereinafter referred to as "Owners" , and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipal corporation, hereinafter referred to as "City" . WITNESSETH: WHEREAS, the Owner(s) are fee owners of record of certain properties situated within Baytown Township, Washington County, Minnesota; and WHEREAS, the City desires to construct a storm water relief system over, under, across and through that certain real property owned by Owners in Baytown Township; and WHEREAS, the parties hereto desire to facilitate the early construction of said storm water relief system pending final resolution of damages arising therefrom. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owner(s) hereby grant unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in Baytown Township more particularly described in the Exhibit A attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief • • system over, under, across and through said real property. 2) That the Owner(s) hereby specifically waive any claim they may have for trespass arising out of activities of the City in constructing said proposed storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owner(s' ) property for the purpose of completing construction of said storm water relief system in an expeditious manner. Upon the completion of the construction thereof, the City shall restore Owners' property to a condition equal to or better than the condition before construction on Owner(s ' ) property by re-establishing the natural grades free of surface rocks and debris and to back seed the same so that the disturbed areas envisioned hereunder shall be restored to said original condition. 4) That the Owner(s) do not waive their rights to just compensation for the taking of permanent and temporary easements granted hereunder and that the City undertakes to expedite the determination of just compensation due Owner(s) and, in the event that the City and Owners cannot agree as to just compensation, that the City shall initiate proceedings in eminent domain in calendar year 1992 . 5) That for purposes of computing just compensation, the date of taking shall be the date hereof. 6) City undertakes to provide reasonable access to Owner(s' ) property at all times material herein. 2 • • III 411 IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. OWNERS LE-2 ' O. --*'` (JOHrC. TORSE H CC -- e.-4 4..,,,t — A- ` ! 6-�--J__e_ '.(__. CORINNE l}. TORSETH Subscribed and sw ,rn to before this cj G4 day of (�� , 1992 . LUL 'I Ck r u Notary Publi �` J'" (Notarial Seal) litNV1MAWAMMAIWA se pEBRAJO CHELBERO NOTARY PU�UC-t NWE8O1A CH SAGO COUNTY My Commission ExpirasJu!y 18,1997 CITY OF OAK PARK HEIGHTS, Washington '^N* County, Minnesota BY: ),,,/ c 4-e-4-L. Its Mayor 1 BYY"'1 _, J A04101 r m.- ' Its"Flanaager STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) The foregoing instrument was executed before me, a notary public, on this ,„S T a. day of , 1992, 3 • r . • by Zj p,t,(,t "/1 av' t, Its Mayor, and �Jrzz.c. 41-1,4;62.&r`. Its Manager, of the City of Oak Park Heights, on behalf of said City. ^' 4 PLJB i HOLST 07./9/ f� NOTARY PUBLIC MINNESOTA t( WASHINGTON COUNTY `�s.,: My Commission Expires 1.17-96 Not y P 1C (Notarial Seal) THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 Attorney Reg. No. 112823 4 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 PAUL A.WOLFF MARK J.VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER September 8, 1992 Ms. Barbara O'Neal, Mayor City of Oak Park Heights 14168 - 57th Street North Oak Park Heights, MN 55082 Re: Torseth/Cloverdale/Easements Dear Mayor O'Neal: I have been advised by the attorney for Mr. Torseth that they have reviewed the appraisal which set their damages at $1, 000. 00. Mr. Torseth advised his counsel that he would be willing to accept the payment of the sum of $2, 000. 00 for the easements to be acquired as it affects the Cloverdale Partnership property. This is not based on any appraisal that they have obtained that I have seen, and I tend to think it is perhaps a knee jerk reaction to the appraisal that was completed and prepared by the City. The statute does allow Mr. Torseth the opportunity to secure a second appraisal for which the City would be obligated to pay the sum of $500. 00 towards, should he desire to do so. Consequently, the minimum of the City's outlay with regard to these easements could run $1, 500. 00 and if he should secure an appraisal that would differ in opinion from the value of the taking involved than was originally established within the City's appraisal, there could also be some degree of further negotiation in the amount. At this stage, I do need some direct' -- from the ouncil in this matter in terms of a counter-prop, al or other offers to resolve this matter in terms of value to .e paid to -e Cloverdale Partnership for the easements involved Very t• ly = ibrs, Mar J. Vierling - MJV:sms • • CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this 2W day of June, 1992 by and between: PAUL A. and KELLY J. RUOHO, husband and wife, hereinafter referred to as "Owners", and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, the Owner(s) are fee owners of record of certain properties situated within Baytown Township, Washington County, Minnesota; and WHEREAS, the City desires to construct a storm water relief system over, under, across and through that certain real property owned by Owners in Baytown Township; and WHEREAS, the parties hereto desire to facilitate the early construction of said storm water relief system pending final resolution of damages arising therefrom. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owner(s) hereby grant unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in Baytown Township more particularly described in the Exhibit A attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief ' • system over, under, across and through said real property. 2) That the Owner(s) hereby specifically waive any claim they may have for trespass arising out of activities of the City in constructing said proposed storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owner(s' ) property for the purpose of completing construction of said storm water relief system in an expeditious manner. Upon the completion of the construction thereof, the City shall restore Owners' property to a condition equal to or better than the condition before construction on Owner(s' ) property by re-establishing the natural grades free of surface rocks and debris and to back seed the same so that the disturbed areas envisioned hereunder shall be restored to said original condition. 4) That the Owner(s) do not waive their rights to just compensation for the taking of permanent and temporary easements granted hereunder and that the City undertakes to expedite the determination of just compensation due Owner(s) and, in the event that the City and Owners cannot agree as to just compensation, that the City shall initiate proceedings in eminent domain in calendar year 1992 . 5) That for purposes of computing just compensation, the date of taking shall be the date hereof. 6) City undertakes to provide reasonable access to Owner(s' ) property at all times material herein. 2 , 410 410 IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. i) -cssi , ,, , . Jur- P (.il A. Ru o Ke l,.y JJ Ru o Subscribed and sw rn to before this ,.;(G day of W _ ,L , 1992. . f rr Al 6",c le''. (- tots y Public ' S M. SOMAITEL Homy CITY OF OAK PARK HEIGHTS, Washington *" Mr carnet. $' 1991 County, Minnesota • BY 78Ae.=lam- IL &e___Ak Its Mayor B op..... 1.1-64.4,04..... /4...4.1.4.0-34) I - •.artagAdministrator STATE OF MINNESOTA ) ) SS: COUNTY OF WASHINGTON) The foregoing instrument wads executed before me, a notary public, on this (04-- day of ,1 1992, by C3cxrhara. 1-1 O 'Neclt , Its Mayor, and l_(rlo�re-�. .\mac}<\ , Its ighfPfera9tforthe City of Oak Park Heights, on behalf of said City. Notary Public SANDRA K.* MJpI 3 'i NO?ARY 6t My Comia• IWO O.INS 410 41! THIS INSTRUMENT DRAFTED BY: MARK J. VIERLING ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING 1835 Northwestern Avenue Stillwater, MN 55082 Attorney Reg. No. 112823 4 • I BRUCE A. FOLZ & ASSOCIATES LAND SURVEYING • LAND PLANNING 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439-8833 June 10, 1992 DRAINAGE AND UTILITY EASEMENT FROM THE OWNER OF LOT 7, BLOCK 2, BLACKWOOD TO THE CITY OF OAK PARK HEIGHTS A 40.00 foot wide drainage and utility easement over, under and across that part of Lot 7, Block 2, BLACKWOOD, according to the plat on file in the office of the County Recorder, Washington County, Minnesota lying 20.00 feet each side of the following described center line: Commencing at the southeast corner of said Lot 7; thence North 40 degrees 51 minutes 59 seconds West, bearing oriented to said plat, along the northeasterly line said Lot 7 a distance of 20.00 feet to the point of beginning of the line to be described; thence South 49 degrees 08 minutes 01 second West, parallel with the southeasterly line of said Lot 7 a distance of 244.14 feet to the northwesterly extension of a line distant 10.00 feet southwesterly of the northeasterly line of McDonald Drive as dedicated on said plat of BLACKWOOD; thence South 31 degrees 13 minutes 29 seconds East along said line 13.79 feet to said southeasterly line of Lot 7 and said center line there terminate. Also, a 20.00 foot wide temporary construction easement over, under and across that part of said Lot 7 adjoining and lying northwesterly of the northwesterly line of said drainage and utility easement. Said temporary easement shall expire on September 1, 1993. hereby certify that this survey, pi;n.o tur;.-41 was prepared by me or under my direst supervision and that I am a dt.y Ret;tsti,,tw5 Land Surveyor under the laws of the Stato cd Mlttnesots'Q��G�e- __.____ MUCEA.Foi.z Rata 6-As 9.Z ample. 92 3 2_ l� in N • /Area_era;naq! and 1.4.11-,1,4 7 easrr,en f= O.23 Aa1 1 \1re� 1empora r yCons4.x,,.• c.0.. Eases,en f . o: /,4c± / f. y %• O ',e i�3CcG �C<-X, c�'%,<-v rt. B L 0 C K 2 7 % \\ a / d To+al Arcs. \ h 2.6I Acf 'Vnit /\'' ti 41‘04.vl \*- 5 I.��\1r `� \ / ' vi .� 5 f' o ), t. BLAC � woo / ,0 =�yo V \ ` i,\ \ / 'eO •, , .,, �\\ , /,• y eK / / \ �. I 20.00 fool. wide �� �\t Ir./ ;:y ��\ v',� //�o\�\ I I Temporary Cons ,..^.(.-'on V otI hcj" / \ - I Easement q �`1q � / Q�� r-5 / 5--"I Cen+er�ine. of 'yo.00f\3•`3���� �j /\°, foot wide dra,n�9t 3i S NW'1 eziensior, e / I and k...+ilify easemenf,t- ny• v,,r Tine dis+an+ I0.00 /o I I1 �3 a i drainer e and p0�� •,3 \ SW Iy�D{on DEiae /_` l,∎-l+ili+y -tasement 3?5%-- t:.!>------- 3 O .y. , \ of Rf 0 o o ,\ \ "i I `----1'c—eC li0e a �Iatfec _ — '""' c- 1 �,$ ' :. \\ 10 - _ 1 drainage and \0 �� 2�, ---I I--- 1 u,+ili�y easemenci \p i Vi. ze --1. 1.4-5 \ 1 \\ `�'s P• . I I 1 o 01.1\ \ p 4 I � 5 \1�` �,� ' '�\ ���� \ 1 '�" s\ ; \ X .. 1 \ 15-J ; 0\ .0...,_K ■ 6 3 Z it- B L 0 C r-'S �`\ p� �:� 1 0 I \ ;moo \ C i � 3� \ c I = 0► \ Center) ne t► I \ .6 BLACKW003 ' dram, e S easerntnt I I \ as pia++ed I \\\\ 9\ \'.v0 \-tc•\\., , \ ,fF S 8 / Orai \� Ease i 50k line. s V- -- —Sec . G } u 6 1o(Tog s 0:II A ik/ ` '1�ti/ '` __— ' No1-41 line NE 14 Sec. 7 2 S/cr elin e / ,i � ��/ /ainq e C i , `f 2 C • • • 0 D LAW OFFICES OF ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLIN 1835 NORTHWESTERN AVENUE STILLWATER. MINNESOTA 55082 LYLE J. ECKBERG (612)439-2878 JAMES F. LAMMERS FAX (612) 439-2923 ROBERT G. BRIGGS PAUL A.WOLFF MARK J.VIERLING GREGORY G.GALLER KEVIN K.SHOEBERG THOMAS J.WEIDNER June 23 , 1992 Mr. Paul Ruoho Ir 12640 - 53rd Street Stillwater, MN 55082 Re: Stillwater High School Utilities Engineer's File: 55100 Our File: 1501-0200 Dear Mr. Ruoho: I received by courtesy a copy of the letter directed to you from Mr. Anderlik as it affects your driveway and its replacement as well as the replacement of the trees along the area of the easement that the City needs. I trust that that letter y rovides you with the written P commitment that you were looking for as it affects the driveway and, if not, I would appreciate a phone call from you so that we can discuss the matter further at your convenience. If that letter does satisfy your need for written commitment from the City, I would ask that the Waiver of Trespass and Consent to Enter form that we provided you be executed by you and your wife and provided to the City of Oak Park Heights at this time unless, of course, you have any questions or concerns with regard to same in which event, I would be more than happy to discuss same with you at your convenience. Very truly yours, Mark J. Vierling MJV:sms cc: LaVonne Wilson Joe Anderlik • • D ` 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 PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER June 29, 1992 Ms. LaVonne Wilson City of Oak Park Heights City Hall 14168 - 57th Street North Stillwater, MN 55082 Re: Paul A. and Kelly J. Ruoho - Consent to Enter and Waiver of Trespass Dear LaVonne: Enclosed please find the original Consent to Enter and Waiver of Trespass which has been executed by Paul A. and Kelly J. Ruoho. Please secure the necessary signatures for the City of Oak Park Heights and complete the process regarding same. A copy of the document has been faxed to Joe Anderli is date. If you have any questions, ple•.se d• of hesitate to contact me. Ver t- ly yours, J 'ark J. Vierl ' - MJV:sms Enclosures r rk „,„ / F • . • CONSENT TO ENTER and WAIVER OF TRESPASS THIS CONSENT TO ENTER AND WAIVER OF TRESPASS AGREEMENT is entered into this day of June, 1992 by and between: PAUL W. BISCHOFF and DORIS A. BISCHOFF, hereinafter referred to as "Owners", and CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, the Owners are fee owners of record of certain properties situated within Baytown Township, Washington County, Minnesota; and WHEREAS, the City desires to construct a storm water relief system over, under, across and through that certain real property owned by Owners in Baytown Township; and WHEREAS, the parties hereto desire to facilitate the early construction of said storm water relief system pending final resolution of damages arising therefrom. NOW, THEREFORE, it is agreed by and between the parties as follows: 1) That Owners hereby grant unto the City, its agents, employees, successors and assigns the right to enter upon that real property situated in Baytown Township more particularly described in the Exhibit A attached hereto and incorporated herein by reference for the purpose of constructing a storm water relief system over, under, across and through said real property. 2) That the Owners hereby specifically waive any claim they may have for trespass arising out of activities of the City in constructing said proposed storm water relief system. 3) That the City, its agents, employees, successors and assigns have the right to enter upon Owners' property Y for the purpose of completing construction of said storm water relief x manner. Upon completion system in an expeditious the of the construction thereof, the Y P P P City shall restore Owners' property to a condition equal to or better than the condition before construction on Owners' property by re-establishing the natural grades free of surface rocks and debris and to back seed the same so that the disturbed areas envisioned hereunder shall be restored to said original condition. 4) That the Owners do not waive their rights to just compensation for the taking of permanent and temporary easements granted hereunder and that the City undertakes to expedite the determination of just compensation due Owners and, in the event that the City and Owners cannot agree as to just compensation, that the City shall initiate proceedings in eminent domain in calendar year 1992. 5) That for purposes of computing just compensation, the date of taking shall be the date hereof. 6) City undertakes to provide reasonable access to Owners' property at all times material herein. IN WITNESS WHEREOF, the parties hereto have set their hands all as of the day and year first above written. IL° Paul W. :isc off / 1 �•' d. oris A. Bischoff Subscribed and sworn to before me this I a. day of , 1992. Notary ' blic Le441i:' DAVID K.HEBERT NOTARY PUBLIC.MINNESOTA YrASHINGTON COUNTY My Comm.Exp.Oct 12,1992 M • S CITY OF OAK PARK HEIGHTS, Washington a.County, Minnesota By / Its Mayor By Its =MX City Clerk STATE OF MINNESOTA ) ) ss COUNTY OF WASHINGTON ) The foregoing instrument was executed before me, a notary public, on this i-h day of June, 1992, by e1,-y,, . c`n Q }_ , Its Mayor, and x,, L. . 1 t.)t �� Its 1 n , of the City of Oak Park Heights, on behalf of said City. City Clerk 11. . '' .L rrrl[k rt.,wt No ,ry Public i ,i,, /I. '_,T)ietzmann 8,(C-_MiNNCS0IA ∎✓A.SHiNGTON COUNTY ,., .y commission ex0res 746.93 This Instrument Drafted By: Bannigan & Kelly, P.A. John F. Bannigan, Jr. Attorney No. 4546 Midwest Federal Building 50 E. 5th Street St. Paul, MN 55101 t rtereby certtry that WIZ survey, n :e, ;d #00.Allo was prepared by me or undi:r my d:•r - r 1111rned SMsturovn e yaonr al u ntld Minnesota tiaet r tI hte m la w s a duty y th R eSguv x BRUCE A. FOLZ & ASSOCIATES 6—Al/-9 L LAND SURVEYING • LAND PLANNING 88UCEA.FOLZ �2 L.S. . y 2 3 L 1815 NORTHWESTERN AVE. • STILLWATER, MINNESOTA 55082 • (612) 439-8833 June 10, 1992 DRAINAGE AND UTILITY EASEMENT FROM PAUL W. AND DORIS A. BISCHOFF TO THE CITY OF OAK PARK HEIGHTS A 40.00 foot wide drainage and utility easement over, under and across 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 southwest corner of Lot 1, Block 1, BLACKWOOD 3RD ADDITION, according to the plat on file' in the office of the County Recorder, Washington County, Minnesota, also being a point on the north line of 53rd Street as dedicated on the plat of BLACKWOOD 2ND ADDITION, according to the plat on file in said office of the County Recorder; thence South 87 degrees 42 minutes 30 seconds West, bearing oriented to said plats, along said north line 258.00 feet; thence North 02 degrees 17 minutes 30 seconds West 160.00 feet to the point of beginning of the center line to be described; thence South 02 degrees 17 minutes 30 seconds East 140.00 feet; thence South 87 degrees 42 minutes 30 West, parallel with said north line, a distance of 189.82 feet; thence South 65 degrees 29 minutes 41 seconds West 149.33 feet to the northeasterly extension of a line distant 20.00 feet northwesterly of the southeasterly line of Lot 7, Block 2, BLACKWOOD, according to the plat on file in the office of said County Recorder; thence South 49 degrees 08 minutes 01 seconds West along said line 631.15 feet to the northeasterly line of said Lot 7 and said center line there terminate. Also, a 20.00 foot wide temporary construction easement over, under and across that part of said Southeast Quarter adjoining and lying westerly and northwesterly of the westerly and northwesterly line of y said drainage and utility easement. Said temporary easement shall expire on September 1, 1993. Also, a drainage and ponding easement over, under and across that part of said Southeast Quarter described as follows: Commencing at the northwest corner of said Lot 1, Block 1, BLACKWOOD 3RD ADDITION; thence South 88 degrees 54 minutes 15 seconds West, bearing oriented to said plat, along the westerly extension of the north line of said a Lot 1 a distance of 200.00 feet to the point of beginning; thence continue South 88 degrees 54 minutes 15 seconds West along said westerly extension 7 Y 5 6.53 feet; thence South 01 degree 00 minutes 00 seconds West 54.00 feet; thence South 46 degrees 00 minutes 00 seconds East 81.00 feet; thence South 72 degrees 00 minutes 00 seconds East 224.00 feet; thence North 85 degrees 00 minutes 00 seconds East 82.00 feet; thence South 25 degrees 00 minutes 00 seconds East 150.00 feet; thence South 65 degrees 00 minutes 00 seconds East 40.00 feet; thence North 79 degrees 00 minutes 00 seconds East 99.00 feet; thence North 35 degrees 00 minutes 00 seconds East 123.00 feet; thence North 06 degrees 00 minutes 00 seconds East 63.98 feet; thence North 18 degrees 0 g 00 minutes 00 seconds West 160.80 feet to the point of beginning. • ,y� CITY OF OAK PARK HEIGHTS A MINNESOTA STAR CITY FAX TRANSMITTAL FORM TO: Math Vime i.ng FROM: La Vonne CV,iLson DATE: June 1, 1992 RE: Sdischa1('4 4uLe. names. TOTAL NUMBER OF PAGES (including cover sheet) : 1 If all pages are not received, call La. Vonne at (612) 439-4439 . Pain. Wa.P-e't Danis Ann 14168 North 57th Street • Box 2007 • Oak Park Heights, Minnesota 55082-2007 Phone: 612-439-4439 • Fax: 612-439-0574 RAPID NOTE DATE 6/17/92 FROM TO City Oak Pate f e i_q h t4 o� riatth Vivaing OK to ra ix otc,Oinat to WT.. ranrunan: No Exhibit A. SIGNED TOPS NO. 3702 LITHO U.S.A. S BANNIGAN & KELLY, P.A. ATTORNEYS AT LAW 409 MIDWEST FEDERAL BUILDING 5TH AND CEDAR SAINT PAUL, MINNESOTA 55101 (612) 224-3781 JOHN F. BANNIGAN,JR. FAX(6121 223-3019 PATRICK J. KELLY JAMES J. HANTON JANET M. WILEBSKI JOHN W. QUARNSTROM June 10, 1992 • Mr. Mark J. Vierling Attorney at Law 1835 Northwestern Avenue Stillwater, MN 55082 RE: Paul W. Bischoff/City of Oak Park Heights Consent to Enter and Waiver of Trespass Dear Mr. Vierling: Per our previous communications, I have sent an original and one copy of the Consent to Enter and Waiver of Trespass to our clients for their signature. They have indicated that they will take both copies to City Hall, sign before a notary public and leave the documents with the City for the its execution. I ask that you return to me a fully executed copy after the May and Manager have signed off on the Consent. Thank you for your courtesies extended in this matter. Sincerely yours, BANNIGAN & KELLY, P.A. John Bannigan JB:cge C: Mr. Paul Bischoff • C 1 U L), RANUM LAW OFFICES, P.A. 104 NORTH MAIN STREET '- `-^w �-•- ^°• - STILLWATER, MINNESOTA 55082 ALBERT E. RANUM TELEPHONE KARL M. RANUM (612)439-4143 ERIC J. RANUM October 8 , 1991 /h c '- "/? Ms . Lavonne Wilson City Administrator/Treasurer e 1 City of Oak Park Heights h a P . O. Box 2007 14168a-57th Street North Stillwater, MN 55082 Re: City of Oak Park Heights Highway 36 Minicipal Utility Extension Project Dear Ms . Wilson: On behalf of the Stillwater Aerie 94 FOE, please be advised that the Aerie accepts your appraised value of the easement that the City is seeking to acquire from it. Further, the Aerie 94 does not want the value of the appraised damages applied to payment of upcoming assessments . Rather, the Aerie 94 requests that the total property damages of $4 , 125 .00 be paid directly to Aerie 94 . For internal reasons, the Aerie would rather have this cash amount paid directly to them. For your reference, I have included a copy of that section of the appraisal which affects the Aerie 94 property. Feel free to contact me if there are any questions . Sincerely, RANUM LAW OFFICE P .A. "". / Eric J . Ranum Attorney for Aerie 94 EJR:ka Enclosure cc: M. Vierling G. Schleusner 6ETTEIDORE'RDHRER'R\CiCHE Parcel No. 3 Property Address: 13523 N. 60th Street County Tax Parcel No. : 61450-2150 Property Owner: Stillwater Aerie No. 94 FOE Total Land Area: 50,895 SF or 1. 17 Acres Buildings and Use: Single story, wood and face brick Eagles hall that is owner occupied. The manager of the facility is Jack Melstrom. Zoning: B-2 General Business Project Easement Land Areas: Perpetual Easement: 32' x 150 ' = 4,800 SF Temporary Easement: 20 ' x 150 ' = 3,000 SF Estimated Land Value: Fee simple value of $2.75/SF Estimated Property Value Damages: Perpetual Easement: 4,800 SF x $2.75 x 25% = $3,300 Temporary Easement: 3,000 SF x $2 .75 x 10% = $ 825 Total Property Value Damages: $4, 125 50 v. r 1;\ 0110 OCT 2F1991 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 PAUL A. WOLFF MARK J.VIERLING October 23, 1991 VICKI L.GIFFORD � GREGORY G. GALLER ;�` e C ) '� V KEVIN K. SHOEBERG THOMAS J.WEIDNER Mr. Eric J. Ranum Attorney at Law Ranum Law Offices, P.A. 104 North Main Street Stillwater, Minnesota 55082 RE: Highway 36 Utility Expansion Project Dear Mr. Ranum: I am in receipt of a copy of your correspondence directed to La Vonne Wilson of October 8, acknowledging the appraisal of your client's property damages in the above-referenced expansion project. I had previously provided to your client copies of the easements that will need to be signed. Please advise if you have reviewed them and when we can set up a closing date on this matter. In anticipation of such a closing date, we also will require from your client waivers or releases to the described land from any mortgagee or lien holder on the property, or a title opinion from your office indicating that you have examined title and there are no lien holders or mortgage lenders on the property. Please contact me directly to set up a time and date to close this matter. Very truly yours, r/s/ Mark J. Vierling Mark J. Vierling City Attorney for the City of Oak Park Heights MJV:kmk Enclosures cc: Barbara O'Neal, Mayor La Vonne Wilson, Administrator P.S. In the event that your client happens to be the owner of registered land, we will also need to have you secure and bring with you to the closing the Owner's Duplicate Certificate of Title.