HomeMy WebLinkAboutUntitled (2) Return to: PUBLIC WALKWAY AND BIKE PATH
Eekberg Law Firm EASEMENT AND AGREEMENT
Attn: Mark J.Vierling
1809 Northwestern Avenue
Stillwater,MN 55082
PUBLIC WALKWAY AND BIKE PATH
EASEMENT AND AGREEMENT
THIS INDENTURE,made this day of ,2006,by and
between NORTHERN STATES POWER COMPANY d/b/a XCEL ENERGY,a corporation
under the laws of the State of ,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 described in Exhibit"A"attached hereto.
That for and in consideration of the sum of Four Hundred and Thirty-Pour
Dollars, 00/100, ($434.00)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 perpetual easement for public walkway,bike path,and pedestrian crossing
purposes with the right to enter upon the real estate hereinafter described at any time that it may
see fit,and construct,maintain,repair and replace any surfaces or other elements for public
walkway, for the purpose of maintaining,repairing or replacing the 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 walkway,and the further right to remove
trees,bushes,undergrowth,and other obstructions interfering in the location, construction and
maintenance of said public walkway.
That said perpetual public walkway easement located in the City of Oak Park
Heights, County of Washington, State of Minnesota,is described as follows,to-wit:
(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,its successors and assigns, forever.
The party of the first part does hereby covenant with the City of Oak Park
Heights,that it is lawfully seized and possessed of the real estate above described.
The party of the second part shall assume all liability and indemnify,hold
harmless and compensate the party of the first part for any injury or damage to persons or
property, including Northern States Power's property or employees,resulting from the use of the
easement area by the City,its agents, invitees,pedestrians or any other third parties. The City
shall defend, indemnify and hold Northern States Power harmless against all actions, claims,
damages or demands which may be brought or made either against Northern States Power or
against Northern States Power's interest in the easement area by reason of anything done by the
City in the exercise or purported exercise of the rights and privileges granted herein.
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:
NORTHERN STATES POWER COMPANY
d/b/a XCEL ENERGY
13y:
IOo: woe
Its ti:e'e ie4 I4 /1, P7.95:0/1/
By:
Its
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STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this /c./ day of .j 4,0/4" , 2006, before me, a Notary Public,
within and for said County and State,personally appeared Uci tea{-ye'?
and ,to me personally known,who,being each by me
duly sworn did say that they are respectively the Vice rG3,4Arti 7,7a/73,47.5.5. N and
the _ of Northern States Power Company d/b/a
Xcel Energy, a corporation,named in the foregoing instrument, and that said instrument was
signed on behalf of Northern States Power Company d/b/a Xcel Energy by authority of its Board
of Director4 and.-sai _and
acknowledged said instrument to be the free act and deed of said corporation.
' SCOTT D, JOHNSON
r "; Notary Public _.,,,ti State of Minnesota 'o Pub '
My Commission Expires
January 31, 2010
IN PRESEN E OF: PARTY OF THE SECOND PART:
.1 CITY ■ ''411"'4 HEIGHTS
ii,
. .
By: :.= ..94;
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Da-vi. /
ti
& -oh i
ill IP .°/Jo1I •n
Its i /'Administrator
STATE OF MINNESOTA ) /
)ss.
COUNTY OF WASHINGTON)
7
On this L day of ,2006,before me, a Notary
Public,in and for said County and State, peared David Beaudet and Eric Johnson,to me
personally known,who being by me first duly sworn,did say that they are respectively the Mayor
4
i
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.
No . ublic
JULIE R.JOHNSON
NOTARY PUBLIC-MINNESOTA ti
1 4 �
k My Commissim Expires Jan.31.2010
THIS INSTRUMENT DRAFTED BY:
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF&VIERLING,PLLP
1809 Northwestern Avenue
Stillwater, Minnesota 55082
5
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EXHIBIT"A"
Description for 0502920110032.
Sect-05 Twp-029 Range-020 NE1/4-NE1/4 S5T29R20 BEING THE W 300FT OF THE E 1013FT OF THE S
225FT.OF N 550FT OF NE1/4-NE1/4 OF SECS AS MEASURED AT A RT ANGLE TO THE E LINE&THE N
LINE OF S0114-1/4 OAK PARK HEIGHTS CITY
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EXHIBIT"B" •
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— East Line of the Northeast Quarter of
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ECKBERGA
LAMMERS ►��
ATTORNEYS Al LAW
1809 Northwestern Avenue, Suite 110
Writer's Direct Dial: Stillwater, Minnesota 55082
(651)351-2118
(651)439-2878
Writer's E-mail:
Fax(651) 439-2923
mvierling @eckberglammers.com www.eckberglammers.com
October 6, 2006
Eric Johnson
City Administrator
City of Oak Park Heights
14168 Oak Park Blvd.N.
Oak Park Heights, MN 55082
Re: Baytown Substation—Xcel Walkway Easement
Dear Eric:
I am enclosing and returning to you for your files one of the original Walkway and Bike Path Easements
and Agreements. The second original has been sent to the Cou • - t ding and I will return that
document to you after it has been processed.
You - -ry truly,
•A -k J. Vierling
MJV/sdb
Enclosure
ECKBERG. LAMMERS, BRIGGS, WOLFF 8 VIERLING, PLLP
Family Law/ Divorce • Business and Commercial Law • Criminal Law • Personal Injury/Wrongful Death
Estate Planning/Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation
2692-1_5
SANITARY OUTFALL SEWER EASEMENT AND AGREEMENT
KNOW AT,T, MEN BY THESE PRESENTS, That NORTHERN STATES POWER COMPANY, a
Minnesota corporation, hereinafter called "NSP" for and in consideration of the
sum of One Dollar and other good and valuable consideration to it in hand paid
by the VILLAGE OF OAK PARK HEIGHTS, a municipal corporation, of the County of
Washington, State of Minnesota, hereinafter called "Grantee" and in consideration .w
of the faithful performance by the parties hereto of the covenants hereinafter
contained, to be kept and performed by said parties, does hereby grant unto said
Grantee the right, privilege, easement and authority to install, operate, maintain,
repair, replace or remove an outfall sanitary sewer line across the following
described real estate owned by said NSP in the County of Washington, State of
Minnesota, to-wit:
An easement for an outfall sewer line over part of the NW**
of the NE- of Section 3, Township 29 North, and over part of
Government Lot No. 5 of Section 34, Township 30 North, all
in Range 20 West, lying Easterly of the Easterly right of way
line of the Chicago, St. Paul, Minneapolis and Omaha Railroad,
in the Village of Oak Park Heights, Washington County, Minnesota,
being 10 feet on each side of the following described centerline:
Commencing at a point where a line drawn parallel with the North
line of the NW1 of the NEi of Section 3, Township 29 North, Range
20 West, Washington County, Minnesota, a distance of 297.66 feet
South therefrom, (being the South line of the Mill Road), inter-
sects the westerly right-of-way of the Chicago, St. Paul,
Minneapolis and Omaha Railroad; thence southeasterly along said
westerly right-of-way of the Chicago, St. Paul, Minneapolis and
Omaha Railroad on a bearing of South 36° 30' East for 384.4 feet
to the point of beginning of the centerline description of the
outfall sewer line; thence North 52° 19' 30" East for 441.08
feet; thence North 20° 45' 30" East for 235.6 feet; thence North
40° 10' 30" East for 754 feet, more or less, to the westerly
shoreline of Lake St. Croix, which is the end of the centerline
description of said outfall sewer line.
NSP also grants to Grantee a 60 foot temporary construction easement, said temporary
easement being 30 feet on each side of the above described easement centerline; said
temporary easement shall expire on the 1st day of September, 1968, subject, never-
theless, to the following terns, covenants and conditions which the parties hereto,
hereby, specifically covenant to keep and perform, to-wit:
1. The permanent easement granted herein gives the Grantee, its successors
and assigns, the right and privilege to enter upon the premises described herein at
any time they may see fit and construct, maintain and repair said outfall sewer line,
for the purpose of conveying sewage over, across through and under the lands herein-
before described together with the right to excavate and refill ditches and/or trenches
for the location of said outfall sewer line and the further right to remove trees,
bushes and undergrowth for the construction and maintenance of said outfall sewer
line.
2. It is agreed that Grantee shall restore said premises, as nearly as
possible, to the same condition as it was prior to the time of said excavation for
said outfall sewer line and in the event of repair or maintenance of said line,
restore said premises to nearly the same conditions as practical as it was prior
to said excavation. It is further agreed that Grantee will restore any fencing
that is necessary to remove or become damaged during the process of excavating or
the subsequent repair of said line.
3. It is further agreed that as part of the consideration of this grant NSP
will not be assessed for the construction, maintenance and repair of the above
described outfall sewer line.
4. Grantee agrees to assume all liability and to indemnify and compensate
NSP for any injury or damage to persons or property, including NSPts property and
employees, occasioned by, or arising in connection with, the use of the above premises
by Grantee, and Grantee further agrees to defend, indemnify and save harmless NSP
against all actions, claims, damages or demands which may be brought or made either
against NSP or against NSP's interest in the above described land by reason of
anything done by Grantee in the exercise or purported exercise of the rights and
privileges herein granted. The liability of Grantee hereunder shall not extend to
any losses sustained by acts of God, acts of NSP or its assigns, or acts of third
parties over whom Grantee has no right or control.
5. NSP reserves the right and intends to store coal on the premises described
herein, the extent of which intended use is at the present time unknown; therefore,
the Grantee agrees to construct the sewer line in a manner, and to include such
features for the protection of said sewer line and its related manholes, as shall be
necessary to protect the sewer line in respect to such use by NSP, and Grantee hereby
waives any and all claims of damage against NSP attendent upon said intended use. In
the event that it becomes necessary to relocate a portion of said coal to facilitate
repair or maintenance of said line, the Grantee agrees to reimburse NSP for its cost
of removing said coal.
6. Grantee agrees that at the written request of NSP it will relocate said
outfall sewer line to another location furnished by NSP, the cost of such relocation
- 2 -
shall be borne by NSP.
7. In the event Grantee at any time discontinues the use of the property for
the purposes granted herein, then and in such event, this easement together with
all rights and privileges granted hereunder shall terminate.
8. Grantee in its use of the property shall comply with all pertinent laws,
codes and ordinances.
9. This Easement and Agreement shall inure to the benefit of, and shall be
binding upon the successors and assigns of the parties hereto as fully as upon
themselves.
IN WITNESS WHEREOF, the said parties have caused this instrument to be
executed this A/4 day of a .,� , 1968.
In the Presence of: NORTHERN STATES POWER COMPANY
k
By •:.
,),1.-"""&"' / -4,e--e....--/-4---._1r !
Vice President-Engineering.
dAnd //''"4 , -W
Secretary ,
•
VILLAGE OF OAK PARK HEIGHTS
7a.,)„,,,, /_ 42%, �z By I. 4 _ 4."" 470//' L^ ....-.
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1,' • / ,./... S�L..a/. And .,,� `��;
1 erk
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STATE OF MINNESOTA)
) ss
COUNTY OF HENNEPIN)
On this 9 day of / < / , , me,1968 before me a Notar y
Public within and for said County, per,zonally appeared D. F. McElroy and M. D. Vance,
to me personally known, who, being each by me duly sworn, did say that they are
respectively the Vice President-Engineering and the Secretary of NORTHERN STATES
POWER COMPANY, the corporation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed in behalf of said corporation by authority of its
Board of Directors, and said D. F. McElroy and M. D. Vance acknowledged said
instrument to be the free act and deed of said corporation.
L y
/
�� 4,,„ . •
EVELYN M. ALLEI4 _ ' .
Notary Public,Hennepin Co ,Mi ,g„.� `
�
My Commission Expires Dec '968,
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8 ..
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON) .
On this / Li day of /f, , 1968, before me, a Notary
Public in and for said County and Stat-, appeared Ida y vim, ,,,,i d ,�o-ej,,f0 A
and A j' J/ew ti.€ j , to me personally known, who being by me
first duly sworn, did say that they are respectively the 777 l.,/
and (-7, )ff' of the VILLAGE OF OAK PARK HEIGHTS, the municipal
corporation described in and who executed the foregoing instrument; that the seal
affixed to said instrument is the corporate seal of said corporation; that said
instrument was executed in behalf of said corporation by authority of the Village
Council of the Village of Oak Park Heights and said ee c y tr, ail c�•'4nSd�
and 1<'p.7 J/e pfr acknowledged said instrument to be the free
act and deed of said corporation.
7"---.771,--- ./-7, /2,4--,--.,-t--re-v2.--2,-9,.._---
JAMES F. LAMMERS, Notary Public
Washington County, Minn.
My Commission Expires Dec. 6, 1973
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NOTICE OF COMPLETION OF VACATION PROCEEDINGS
TO: Mr. T.R. Greeder, Auditor, Washington County, Minnesota
PLEASE TAKE NOTICE, that the City of Oak Park Heights
completed proceedings for the vacation of the following described
utility easement in the City of Oak Park Heights, Washington
County, Minnesota:
A 30 foot wide utility easement under, over and across
part of Lot 1 , Block 1, Raymie Johnson Estates, Washington
County, Minnesota, the centerline of which is described as
follows:
Commencing at the Southeast corner of said Lot 1; thence
S 89 05'42" E (assumed bearing) 178 . 34 feet along the
South line of said Lot 1 to the point of beginning of
the centerline of the 30 foo8 utility easement to be
herein described; thence N 0 54 '18" W 232 feet to a point
here after referred to as point "B" and there terminating.
And a 20 foot utility easement under, over and across
part of said Lot 1, Block 1, Raymie Johnson Estates, the
centerline of which is described as follows:
Commencing at above described point "B" ; thence S 73°$5 ' 42"
W 94 feet; thence N 74°54 ' 18" W 114 feet; thence S 15 05 '42"
W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the side
lines of the above described 20 foot easement. The side
lines of the above described 20 foot easement are to be
shortened or lengthened to intersect with the side lines
of the above described 30 foot easement.
Said proceeding was completed on the „23 day of
, 1981. The only lands affected thereby are the
lands abutting the above-described street.
Dated at the City of Oak Park Heights, Washington
County, Minnesota, this..0.27 day of 1981.
aionne 71 son, 1 y er
1
Glenn R. Cook,P.E.B , Aosan$, 4 othaseiede4,
Keith A.Gordon,P.E.
Otto G.Boncstroo, P.E. Thomas E.Noyes,P.E.
e� 0 Robert W.Rosene,P.E. Richard W.Foster,P.E.
Joseph C. Anderlik,P.E. Robert C.Schuntcht,P.E.
.2335 ?d. %....b.X 36 Bradford A. Lemberg,P.EMan in L.Sorvala,P•E.
'9S Richard E. Turner,P.E. Donald C.Burgardr,P.E.
Si. Pawl, Miwweta 55/13 James C.Olson,P.E. Jerry A.Bourdon,P.E.
Mark A.Hanson,P.E.
Plwt..•61.2-686 4600 Steven M. Qulncey
Charles A.Erickson
May 14, 1982 drc956 — 5tiL — 198�A
Leo M. P.Olson
Leo M.
M.Olson
City of Oak Park Heights
�,.412niversary'
David E. Olson
14168 - 57th Street North
Stillwater, Mn. 55082
Re: 58th Street Sidewalk from St. Croix
Mall Parking Lot to Town
Our File No. 55
Gentlemen:
We have viewed the route of the proposed 58th Street sidewalk construction
with Mr. Frank Sommerfeldt. As per his request, we have prepared a cost esti-
mate for the construction of a four foot wide concrete walk from the Mall lot
to the driveway at the townhouse site.
constructed ad
We do recommend that a walkway be c adjacent to the Action Rental
parking lot in lieu of using the existing bituminous surfacing. We believe
this would be a desirable feature from a safety aspect for pedestrian traf-
fic. The only other specific construction problem would be the relocation of
14 very small sapling trees that conflict with the location of the proposed
walkway.
The following is an estimate for the construction of the concrete sidewalk:
4,300 Sq.ft. 4" thick concrete sidewalk @ $1.75/sq.ft. $ 7,525.00
370 Sq. ft. Concrete Steps including handrail @ $3.50/sq.ft. 1,295.00
14 Each Relocate small trees @ $50.00/each 700.00
48 0 Sq.yds. Sodding with topsoil in pl. @ $2.00/sq.yd. 960.00
4 Each Construct pedestrian ramps @ $50.00/each 200.00
TOTAL ESTIMATED CONSTRUCTION COST $
10 680.00
If the section of sidewalk adjacent to Action Rental was deleted, the above
total estimated cost would be reduced by about $1,530. We also point out the
walkway utilizing steps do4d5not meet the handicap code requirements and perhaps
an alternate location for a ramp might be considered.
Please let me know if you have any questions.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
c4,44„„6„
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Charles A. Erickson
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CAE: 1i r,
9690a
•
THE TENANTS OF RAYMIE JOHNSON APARTMENTS ARE INTERESTED IN
HAVING A SIDEWALK AS NOTED BY THE ATTACHED SIGNATURES.
PLEASE SIGN ON SHEETS BELOW, AND ADD YOUR APARTMENT NUMBER.
I, j:17...A1 a_____ .. ... ' Z.a--. _-------ee_______---J----__ _l_P.' 7
....:. .... .... .... . .
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_ . . 4 L.R., • . * _______C-, _SO. _ .-3., 1.
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T(7 i ____44/144% _ 4._. 1 / ..____ ...___:-____Y.. /°___ • !if) • . _.j . . „IV. ,e 6....a../
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1 .. '. * . . - .Ge/ li,"(1.--.,?1, ,Z1,,e - 7-7 ' .".. .... .:. ''.' - - - - . ..
60,4,,ALT.... __1(i.t1 .. s--,y ..-r
fi n
is..., / 4i. Otto G. Ruur;troo, P.E.1L Glenn R.Cook,P.F.
Keith A.Gordon, P.E.
Thomas E.Noyes, P.E.
I eOl"{klLf en9 ne4S p 1 Robert W. Ro.sene, Y.L.
JsepC. 4ndethk,Y.L. Richard W. Foster, P.E.
Robert G.Schunicht, P.E.
Bradford A. Lemberg, Y.E. Marvin L..Soreala, P.E.
2335 *1. T'r..+.% ryta.�y 36 Richard E. Turner, 1'.1'. Donald C. Rurgardl, P.E.
/� James C'.Olsn,;. P.F. Jerry A. Bourdon,Y.E.
St. P...� M 55113 Murk A, Hanson, P.E.
&toms:612-636-4600 �� C harle.c A.Erick.'
Leo AL Panelsk,
ercl956 - 25, - 198LA Hada,t Olson
nari,t r;./,n-,,,,
September 15, 1981 � nniversary- N
IV
City of Oak Psrk Heights
14168 - 57th Street North
Oak Park Heights, Minnesota 55082
Attn: Mr. Richard Seggelke
Re: 58th Street Sidewalk
Preliminary Cost Estimate
City of Oak Park Heights
File 55
Dear Mr. Seggelke:
We have prepared a preliminary cost estimate as requsted for installing
sidewalk on 58th Street from the hi-rise apartment building to Osgood Avenue
and on the east side of Osgood from 58th to the proposed T.C.F. property.
We have assumed a 4' wide concrete walk. The estimated costs include a minor
amount of grading, sand base and the necessary sodding along the walk. The
estimated cost is based on $1.90/Sq. Ft.
THE ESTIMATED COST IS AS FOLLOWS:
58th Street 1,100 Lin. Ft. $8,360
Osgood Avenue 600 Lin. Ft. 4,560
ESTIMATED TOTAL COST $12,920
If there are any questions on this matter please feel free to contact our
office.
Yours very truly,
BONESTROO, ROSENE, ANDERLI SSOCIATES, INC.
/ AII/d6 ,
Bradford A. Lemberg, P.E.
BAL:mb
6249a
41 $01
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. lss.
COUNTY OF WASHINGTON 1
Phil Easton ano John Easton,being duly sworn,on oath say they have and during all the
times herein stated nave beep the Publishers and Printers of the newspaper known as
Stillwater Evening Gazette and has full knowledge of the facts herein stated as follows: tl/aahog eesette,Ante S, 1151
(1)Said newspaper is printed in the English language in newspaper format and in column NOTICE OP PUBLIC HEARING ON
and sheet form equivalent in printed space to at least 900 square inches.(2)Said newspaper NOTICE VACATION EA ING ON
is a daily and is distributed Monday through Friday of each week,except holidays. (3) Said Q
newspaper has 25%of its news columns devoted to news of local interest to the community STORWS111101111 samitmort.:.WITHIN
which it purports to serve and does not wholly duplicate any other publication and is not RArMte JOHNSON ESTATES,IN THE
made up entirely of patents, plate matter and advertisements. (4) Said newspaper is CITY OF OAK PARK HEIGHTS,
circulated in and near the municipality which it purports to serve,has at least 500 copies WASHINGTON COUNTY,MINNESOTA
regularly delivered to paying subscribers,has an average of at least 9S%of its total cir-
culation currently paid or no more than three months in arrears and has entry as second- NOt'ICE 1 fstlllRBGIVEN that the City
Outlet matter in its local post-office. (5) Said newspaper purports to serve the City of Outlet of the City of Oak Park Heights,
Stillwater and surrounding area in the County of Washington and it has its known office of Washington County,Minnesota,shall hold a
issue in the City of Stillwater in said county, established and open during its regular hearinOF" 'its own motion and resolution
business hours for the gathering of news,sale of advertisements and sale of subscriptions proposkte. vacation Of the unused storm
and maintained by the publisher or persons in his employ and subject to his direction and seWee a•siWeht`.wIffIth./Myth% Johnson
control during all such regular business hours at which said newspaper is printed. (6) Said Estates at 7:30 O'clock p.m.,on the 22nd day
newspaper files a copy of each issue immediately with the State Historical Society.(7) Said of June, 1951, et the City Hall, 14161 S7th
newspaper is made available at single or subscription prices to any person, corporation, Street North,Oak Perk Heights,Minnesota.
partnership or other unincorporated association requesting the newspaper and making the
applicable payment.(8)said newspaper has complied with all the foregoing conditions for The unused storm sewer easement
at least one year preceding the-day or dates Of publication mentioned below. (9) Said p`ep**tobe vacated Is legilW described as
newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and -f0Hewe,•to.wlt:
each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and
signed by the Publisher and sworn to before a notary public stating that the newspaper is a A 30 foot wide utility easement under,
legal newspaper. over and across part of Lot 1, Block 1,
Rayml Johnson Estates, Washington
County, Minnesota, the centerline of
which is described as follows:
Notice of Public Commencing at the Southeast corner of
They further state on oath that the printed said Lot 1; thence S 19°05'42" W
(assumed bearing) 175.34 feet along the
South line of said Lot 1 to the point of
Hearing. Re. Oak Park He icrht s beginnhto of the centerline of the 30 foot
utility easement to be herein described;
• thence N'2•3210"W 290.21 feet to•point
hereinafter referred to as point"A"and
there terminating.
hereto attached as a part hereof was cut from the columns of said newspaper, and was And a20footutlHty easement under,over
printed and English language, and across part of said Lot 1, Block 1,
1 published therein in the En lish lan ua e, once each week, for Raynlle Johnson Estate*, the centerline,
of which is described as follows:
..One JairaraliWa -days; that it was first so published on
.11;71.. the 5th day of....7bl@ 19..8aaand was Commencing at above described point
"A"; thence S 73°0542" W $7.16 feet;
thereafter printed and published on every • to and including thence N 74°34'1$"W 114 feet; thence S
1$°e*42" W SS feet and there ter-
the T day of .. 19.in. and that the following is a printed minting.
copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as TM side lines of the above described 30
foot easement are to be shortened to
being the size and kind of type used in the composition and publication of said notice,to wit: terminate on the southerly line of said to
abcdefghiiklmnopgrstuvwxyz intersect with
tn sidelines of the bove
described 20 foot easement. The side
line* of the above described 20 foot
easement are to be shortened or
lengthened to intersect with ten side line*
t' .....--e.--15 of the above described 30 foot easement.
1, Dated this 27th day Of May, 1951.
•Subscribed and sworn to before me this...5.tsii..day of....}IP I 19..81 /5/ La V010e Wilson •
La Venn,W(Nan, City Clerk
/ "S
/ /
•••
;Notarial Seal) I
GUDRUN MEYERS
Notary public, Washington County, Minnesota
� ! �j My Commission Expires May 17, 1988
Printers Fee $o� •S" 0
Received Payment 19
STILLWATER EVENING GAZETTE
By
NOTICE OF PUBLIC HEARING ON
PROPOSED VACATION OF UNUSED STORM SEWER
EASEMENT WITHIN RAYMIE JOHNSON ESTATES ,
IN THE CITY OF OAK PARK HEIGHTS ,
WASHINGTON COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of
the City of Oak Park Heights , Washington County, Minnesota,
shall hold a hearing upon its own motion and resolution
proposing vacation of the unused storm sewer easement within
Raymie Johnson Estates at 7 : 30 o ' clock p .m. , on the 22nd
day of June, 1981 , at the City Hall , 14168 57th Street
North, Oak Park Heights , Minnesota.
The unused storm sewer easement proposed to be
vacated is legally described as follows , to-wit :
A 30 foot wide utility easement under, over and across part
of Lot 1 , Block 1 , Raymie Johnson Estates, Washington
County, Minnesota, the centerline of which is described
as follows:
Commencing at the Southeast corner of said Lot 1 ; thence
S 89°05 ' 42" W (assumed bearing) 178 . 34 feet along the South
line of said Lot 1 to the point of beginning of the center-
line of the 30 foot utility easement to be herein described;
thence N 2°32 ' 30" W 230 . 21 feet to a point hereinafter
referred to as point "A" and there terminating.
And a 20 foot utility easement under , over and across part
of said Lot 1 , Block 1 , Raymie Johnson Estates , the center-
line of which is described as follows :
Commencing at above described point "A" ; thence S
73°05 ' 42" W 87 . 16 feet ; thence N 74°54 ' 18" W 114 feet ;
thence S 15°05 '42" W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the
NOTICE OF COMPLETION
OF VACATION PROCEEDINGS
TO: T. R. GREEDER, Auditor, Washington County, Minnesota:
PLEASE TAKE NOTICE that the City of Oak Park
Heights has completed proceedings for the vacation of the
following described unused storm sewer easement within
Raymie Johnson Estates inthe City of Oak Park Heights ,
Washington County, Minnesota:
A 30 foot wide utility easement under, over and across part
of Lot 1 , Block 1 , Raymie Johnson Estates, Washington
County, Minnesota, the centerline of which is described
as follows :
Commencing at the Southeast corner of said Lot 1 ; thence
S 89°05 ' 42" W (assumed bearing) 178 .34 feet along the South
line of said Lot 1 to the point of beginning of the center-
line of the 30 foot utility easement to be herein described;
thence N 2°32 ' 30" W 230 . 21 feet to a point hereinafter
referred to as point "A" and there terminating.
And a 20 foot utility easement under , over and across part
of said Lot 1 , Block 1 , Raymie Johnson Estates , the center-
line of which is described as follows :
Commencing at above described point "A" ; thence S
73°05 '42" W 87 . 16 feet ; thence N 74°54 ' 18" W 114 feet ;
thence S 15°05 ' 42" W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the
side lines of the above described 20 foot easement. The
side lines of the above described 20 foot easement are to
be shortened or lengthened to intersect with the side lines
of the above described 30 foot easement.
L
Said proceeding was completed on the day
of , 1981 . The only lands affected thereby are
the lands abutting the above-described easement.
Dated at the City of Oak Park Heights, Minnesota,
this day of , 1981 .
LaVonne Wilson, Clerk
- 2 -
RESOLUTION NO.
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION VACATING UNUSED STORM
SEWER EASEMENT WITHIN RAYMIE
JOHNSON ESTATES
WHEREAS , the City Council for the City of Oak
Park Heights on its own motion and resolution has caused
public hearing to be held regarding a proposal to vacate
the storm sewer easement within Raymie Johnson Estates ,
Oak Park heights , Washington County, Minnesota, being
legally described as follows, to-wit:
A 30 foot wide utility easement under , over and across part
of Lot 1 , Block 1 , Raymie Johnson Estates , Washington
County, Minnesota, the centerline of which is described
as follows :
Commencing at the Southeast corner of said Lot 1 ; thence
S 89°05 '42" W (assumed bearing) 178 . 34 feet along the South
line of said Lot 1 to the point of beginning of the center-
line of the 30 foot utility easement to be herein described;
thence N 2°32 ' 30" W 230 . 21 feet to a point hereinafter
referred to as point "A" and there terminating.
And a 20 foot utility easement under , over and across part
of said Lot 1 , Block 1 , Raymie Johnson Estates , the center-
line of which is described as follows:
Commencing at above described point "A" ; thence S
73°05 '42" W 87 . 16 feet ; thence N 74°54 ' 18" W 114 feet ;
thence S 15°05 ' 42" W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the
side lines of the above described 20 foot easement. The
side lines of the above described 20 foot easement are to
be shortened or lengthened to intersect with the side lines
of the above described 30 foot easement.
I I
WHEREAS , said utility easement is not currently
in use by the City of Oak Park Heights for storm water or
any other utility purposes and there are no future or
present plans to utilize the said easement for any such
purpose ; and,
WHEREAS , the owners of real property within the
platted area of Raymie Johnson Estates to which the City
of Oak Park Heights does require an easement for utility
purposes , have provided the City of Oak Park Heights with
an easement over and across the following described real
property:
A 30 foot wide utility easement under, over and across part
of Lot 1 , Block 1 , Raymie Johnson Estates , Washington
County, Minnesota, the centerline of which is described
as follows :
Commencing at the Southeast corner of said Lot 1 ; thence
S 89°05 ' 42" W (assumed bearing) 178 . 34 feet along the South
line of said Lot 1 to the point of beginning of the center-
line of the 30 foot utility easement to be herein described;
thence N 2°32 ' 30" W 230 .21 feet to a point hereinafter
referred to as point "A" and there terminating.
And a 20 foot utility easement under , over and across part
of said Lot 1 , Block 1 , Raymie Johnson Estates , the center-
line of which is described as follows:
Commencing at above described point "A" ; thence S
73°05 ' 42" W 87 . 16 feet ; thence N 74°54 ' 18" W 114 feet ;
thence S 15°05 ' 42" W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the
side lines of the above described 20 foot easement. The
side lines of the above described 20 foot easement are to
be shortened or lengthened to intersect with the side lines
of the above described 30 foot easement.
- 2 -
WHEREAS , for the foregoing reasons it appears
to be in the public interest to vacate that utility easement
presently located in Raymie Johnson Estates above described;
and,
WHEREAS , the City Council has determined that
the costs incurred by the City with respect to these
proceedings have been paid for by the fee owners of the
property involved and is sufficient consideration for the
vacation thereof.
NOW, THEREFORE , BE IT RESOLVED that the following
utility easement existing within the platted area known
as Raymie Johnson Estates , Oak Park Heights , Washington
County, Minnesota, being legally described as follows:
A 30 foot wide utility easement under, over and across part
of Lot 1 , Block 1 , Raymie Johnson Estates , Washington
County, Minnesota, the centerline of which is described
as follows :
Commencing at the Southeast corner of said Lot 1 ; thence
S 89°05 ' 42" W (assumed bearing) 178 . 34 feet along the South
line of said Lot 1 to the point of beginning of the center-
line of the 30 foot utility easement to be herein described;
thence N 2°32 ' 30" W 230. 21 feet to a point hereinafter
referred to as point "A" and there terminating.
And a 20 foot utility easement under, over and across part
of said Lot 1 , Block 1 , Raymie Johnson Estates , the center-
line of which is described as follows:
Commencing at above described point "A" ; thence S
73°05 ' 42" W 87 . 16 feet ; thence N 74°54 ' 18" W 114 feet ;
thence S 15°05 ' 42" W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the
side lines of the above described 20 foot easement. The
- 3 -
side lines of the above described 20 foot easement are to
be shortened or lengthened to intersect with the side lines
of the above described 30 foot easement.
And the same is hereby vacated.
BE IT FURTHER RESOLVED that the Clerk shall pre-
pare a Notice of Completion of these proceedings which shall
contain the name of the City, identification of the
vacation, a statement of the time of completion thereof,
and a description of the real estate and land affected
thereby. Such notice shall be presented to the County
Auditor who shall enter the same on his transfer records
and note upon the instrument over his official signature
the words "entered in the transfer record" . The notice
shall be then filed with the County Recorder all as required
by Section 368 .01 , Subdivision 25 of the Minnesota Statutes
and Section 462.358 , Subdivision 7 of the Minnesota
Statutes .
BE IT FURTHER RESOLVED that Resolution No. 8101
be and the same is hereby repealed and rescinded.
Adopted by the City Council for the City of Oak
Park Heights this day of , 1981 .
Donald Mondor, Mayor
ATTEST :
LaVonne Wilson, Clerk
- 4 -
It
t4„
RESOLUTION NO. SW/
•
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION VACATING UNUSED STORM
SEWER EASEMENT WITHIN RAYMIE
JOHNSON ESTATES •
WHEREAS, the City Council for the City of Oak Park
Heights on its own motion and resolution has caused public
hearing to be held regarding a proposal to vacate the storm
sewer easement within Raymie Johnson Estates, Oak Park Heights,
Washington County, Minnesota, being legally described as follows,
1;)
to-wit:
A 30 foot wide utility easement under, over and across
part of Lot 1, Block 1, Raymie Johnson Estates, Washington
County, Minnesota, the centerline of which is described -v
as follows:
Commencing at the Southeast corner of said Lot 1; thence
S 89°05 '42" E (assumed bearing) 178. 34 feet along the
South line of said Lot 1 to the point of beginning of the
centerline of the 30 foot utility easement to be herein
described; thence N 0°54 '18" W 232 feet to a point here r %
after referred to as point"B" and there terminating. ft
And a 20 foot utility easement under, over and across part
of said Lot 1, Block 1, Raymie Johnson Estates, the center-
line of which is described as follows:
Commencing at above described point "Be' ; thence S o 05'42" W
94 feet; thence N 74°54 '18" W 114 feet; thence S 15 05 '42" W
85 feet and there terminating.
The side lines of the above described 30 foot easement are to
`r.
be shortened to terminate on the southerly line of said Lot 1
and lengthened or shortened to intersect with the side lines
of the above described 20 foot easement. The side lines of
the above described 20 foot easement are to be shortened or 7-
lengthened to intersect with the side lines of the above
described 30 foot easement.
WHEREAS, said utility easement is not currently in use by
the City of Oak Park Heights for storm water or any other utility
•
purposes and there are no future or present plans to utilize the
i `
•
' said easement for any such purpose; and,
WHEREAS, the owners of real property within the
platted area of Raymie Johnson Estates to which the City of
Oak Park Heights does require an easement for utility purposes,
x have provided the City of Oak Park Heights with an easement over
and across the following described real property:
A 30 foot wide utility easement under, over and across
part of Lot 1, Block 1, Raymie Johnson Estates, Washington
County, Minnesota, the centerline of which is described
as follows :
'4 Commencing at the Southeast corner of said Lot 1; thence
S 89°05 ' 42" E (assumed bearing) 178 .34 feet along the
t South line of said Lot 1 to the point of beginning of, the
centerline of the 30 foot utility easement to be herein
described; thence N 2°32 ' 30" W 230. 21 feet to a point
herein after referred to as point"A" and there terminating.
And a 20 foot utility easement under, over and across part
of said Lot 1, Block 1, Raymie Johnson Estates, the center-
"`" line of which is described as follows:
i,
Commencing at above described point "A" ; thence S 730 05 '42"
W 87 16 feet; thence N 74 54 '18" W 114 feet; thence.
S 15605 '42" W 85 feet and there terminating.
The side lines of the above described 30 foot easement.'
4 are to be shortened to erminated on the southerly line of
s aid Lot 1 and lengthened or shortened to intersect with
t
the side lines of the above described 20 foot easement.
P
The side lines of the above described 20 foot easement are
e to be shortened or lengthened to intersect with the side
lines of the above described 30 foot easement.
a
'14: WHEREAS, for the foregoing reasons it appears to be
st
ia.
i.� in the public interest to vacate that utility easement presently
t :.
i'l located in Raymie Johnson Estates above described; and
xx"` WHEREAS, the. City Council has determined that the
Yrtf
costs incurred by the City with respect to these proceedings
have been paid for by the fee owners of the property involved and
VI is sufficient consideration for the vacation thereof.
-2-
1
•
NOW, THEREFORE, BE IT RESOLVED that the following
utility easement existing within the platted area known as
Raymie Johnson Estates, Oak Park Heights, Washington County,
Minnesota, being legally described as follows:
A 30 foot wide utility easement under, over and across
part of Lot 1, Block 1, Raymie Johnson Estates, Washington
County, Minnesota, the centerline of which is described
as follows:
Commencing at the Southeast corner of said Lot 1; thence
S 89°05 ' 42" E (assumed bearing) 178 . 34 feet along the
South line of said Lot 1 to the point of beginning of the
centerline of the 30 soot utility easement to be herein 4
described; thence N 0 54 ' 18" W 232 feet to a point here
after referred to as point "B" and there terminating.
And a 20 foot utility easement under, over and across part
of said Lot 1, Block 1, Raymie Johnson Estates, the center-
line of which is described as follows:
• Commencing at the abov8 described point "B" ; thence 5,73 o 05 42"
W 94 feet; thence N 74 54 '18" W 114 feet; thence S 1505' 42"
W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the Si,de
lines of the above described 20 foot easement. The side
lines of the above described 20 foot easement are to be
shortened or lengthened to intersect with the side lines of
the above described 30 foot easement.
And the same is hereby vacated.
BE IT FUTHER RESOLVED that the Clerk shall prepare a
notice of completion of these proceedings which shall contain the
name of the City, identification of the vacation, a statement of
the time of completion thereof, and a description of the real
estate and land affected thereby. Such notice shall presented
to the County Auditor who shall enter same on his transfer records
and note upon the instrument over his official signature the words
"Entered in the transfer record" . The notice shall be then filed
-3-
4'+
with the County Recorder all as required by Section 368. 01,
Subdivision 25 of the Minnesota Statutes and Section 462.358,
Subdivision 7 of the Minnesota Statutes.
Adopted by the City Council for the City of Oak
Park Heights this _ „j day of�3aamory, 1981.
Lam, ••d'` _
Dona d Mon•or, Mayor
ATTEST:
411111111. i'my to) ‘440004.0•1>froa-Adea"■.)
LaVonne Wilson, City Clerk
rr
of;,
N..
b;.
-4-
b[:,
AFFIDAVIT OF PUBLICATION
a
STILLWATER EVENING GAZETTE
OF MINNESOTA 1 Evening eiasethi,Jan a, 1161
4.
iss. NOTICE OF PUBLIC NEARING
NTY OF WASHINGTON ) ON PROPOSED VACATION OF
UTILITY EASEMENTS WITHIN
Phil Easton ano John Easton,being duly sworn,on oath say they have anti during all the RAYMIE JOHNSON ESTATES
times herein states nave been the Publishers and Printers of the newspaper known as IN THE CITY OF OAK PARK
•
Stillwater Evening Gazette and has full knowledge of the facts herein Mated as follows: HEIGHTS, WASHINGTON *
(1)Said newspaper is printed in the English language in newspaper format and in column COUNTY,MINNESOTA Ye.
,,,
and sheet form equivalent in printed space to at least 900 square inches. (2)Said newspaper
is a daily and is distributed Monday through Frrday of each week,except holidays (3) Said NOTICE IS HEREBY GIVEN that Vi
newspaper has 25%of its news columns devoted to news of local interest to the community the City Council of the City of Oak .,
which it purports to serve and does not wholly duplicate any other publication and is not Park Heights, Washington County, ..
made up entirely of patents, plate matter and advertisements. (4) Said newspaper is Minnesota,shell hold a public hearing .:
circulated in and near the municipality which it purports to serve,has at least 500 copies upon its own,Motion and Resolution
regularly delivered to paying subscribers,has an average of at least i5%of its total dr• received by the City Clerk proposing
culation currently paid or no more than three months in arrears and has entry as.Second- vacation of the utility easements in l
class matter in its local post•office. (5) Said newspaper purports to serve the City of part of Rsymile Johnson Estates.Said
Stillwater and surrounding area in the County of Washington and it has its known office of public hearing to be held at 7:00
issue in the City of Stillwater In said county, established and open during its regular o'clock p.m. on February 23, 1901,'
business hours for the gathering of news,sale of advertisements and sale of subscriptions Municipal Building, 14168 57th Street ?
and maintained by the publisher or persons in his employ and subject to his direction and North,Oak Park Heights,Minnesota. tr.
control during all such regular business hours at which said newspaper is printed.(6) Said
newspaper files a copy of each issue immediately with the State Historical Society.(7) Said That part of Raymle Johnson r
newspaper is made available at single or subscription prices to any person,corporation, Estates proposed t0 be vacated n4
partnership or other unincorporated association requesting the newspaper and making the presently affected by utility A
applicable payment.(8)said newspaper has complied with all the foregoing conditions for easements running In favor of the City ■,.
at least one year preceding the-day or dates of publication mentioned below. (9) Said 'di Oak ,Park Heights,., Is legally
newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and described'as follows,to.wlt: a
each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and
signed by the Publisher and sworn to before a notary public stating that the newspaper Is a A 30 foot wide/utility easement
legal newspaper. . under,over and across pert of Lot
1, Block 1, Rsymie Johnson
Estates, Washington County,
.Minnesota the centerline of which .
. .. �7 + t f� v •i Is described Is foltoe& i
They further state on oath that the printed .t'i P V•I+$Q.•Q+••Rata/fa Commencing at the 6outheast ,+
corner of said-Lot 1 r thence S
;1'119°05'42" ,(assumed bearing)
Hearing. 178.34 feet along the South line of 0
g said Lot t to the point of beginning ll
of the centerline of,the 30 foot k
utility easement to be herein t
described; thence N 0°5418" w
232 feet to a ,point here after
hereto attached as a part hereof was cut from the columns of said newspaper, and was referred to as point"8"and there l
terminating.
printed and published therein in the English language, once each weak, for And a 20 foal utility easement
„
Two successive weeks $(] that it was first so published on - under, over and across part of
-.Wad., 2 1Mfl
the.. t day of•.Jan AN 19.al..and was said Lot 1, Block 1, Raymle
Johnson Estates,the centerline of ,
thereafter printed and published on gQ. Wed.. tOMIg which is described as follows:
the 4th day of Feb ig... and that the following is a printed Commencing at above described r
point"B";thence S 73°05'42"W 94
copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as feeeet;thence thence SN5 40'16" W f114
being the size and kind of type used in the composition and publication of said notice,to wit: and there terminating. .
ebcdefghilkimnopgrstuvwxvz The side lines of the above
described 30 foot easement are to
be shot hilted to terminate on the
r � southerly line 0f said 1 and
i lengthened or shortened ed to In-
tersect with the side lines of the
above described 20 foot easement. ,
The side lines of the above
described 20 feet easement are to
Subscribed and sworn to before me this..:6th...day of..EPA).* 19 81 be shortened Or lengthened to '
intersect with the side lines of the ■
above described 30 foot easement.
// Dated: January 24 1981
J ,? BY ORDER OF THE CITY
/ COUf4ttL
(( By/51 La Vonne Wilson
I Notarial Seal)
GUDRUN MEYERS La Vona Willett.City Clerk
Notary public, Washington County, Minnesota. 1/266,?!4
My Commission Expires May 17, 1991.
Printers Fee S. 4 ••
Received Payment 19
STILLWATER EVENING GAZETTE
By
r '
RESOLUTION NO. 7
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
RESOLUTION ESTABLISHING PUBLIC HEARING
FOR PROPOSED VACATION OF UNUSED UTILITY
EASEMENT BY THE CITY OF OAK PARK HEIGHTS
WHEREAS, the City of Oak Park Heights presently
has utility easement rights within the platted area known as
Raymie Johnson Estates within the City of Oak Park Heights,
Washington County, Minnesota; and more specifically has a
utility easement over and across the following described property:
A 30 foot wide utility easement under, over and across
part of Lot 1, Block 1, Raymie Johnson Estates, Washington
County, Minnesota, the centerline of which is described as
follows :
Commencing at the Southeast corner of said Lot 1; thence
S 89005 '42" E (assumed bearing) 178.34 feet along the
South line of said Lot 1 to the point of beginning of the
centerline of the 30 foot utility easement to be herein
described; thence N 0°54 '18" W 232 feet to a point here
after referred to as point "B" and there terminating.
And a 20 foot utility easement under, over and across
part of said Lot 1, Block 1, Raymie Johnson Estates, the
centerline of which is described as follows:
Commencing at above described point "B" ; thence S 73°05' 42"
W 94 feet; thence N 74°54 ' 18" W 114 feet; thence S 15°05'42"
W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the side
lines of the above described 20 foot easement. The side
lines of the above described 20 foot easement are to be
shortened or lengthened to intersect with the side lines of
the above described 30 foot easement.
WHEREAS, the City of Oak Park Heights does not actually
utilize the above described easement for utility purposes at the
present time, and it has no future plans to utilize such
easement for such purposes; and,
WHEREAS, the City of Oak Park Heights uses and shall
require utility easements over and across the following described
property within the platted area known as Raymie Johnson Estates
within the City of Oak Park Heights, Washington County, Minnesota,
being more specifically described as follows:
A 30 foot wide utility easement under, over and across
part of Lot 1 , Block 1, Raymie Johnson Estates, Washington
• County, Minnesota, the centerline of which is described
as follows:
Commencing at the Southeast corner of said Lot 1; thence
S 89v05 '42" E (assumed bearing) 178. 34 feet along the
• South line of said Lot 1 to the point of beginning of the
centerline of the 30 foot utility easement to be herein
described; thence N 2°32 ' 30" W 230. 21 feet to a point herein
after referred to as point "A" and there terminating.
And a 20 foot utility easement under, over and across part
of said Lot 1, Block 1, Raymie Johnson Estates, the
centerline of which is described as follows:
Commencing at above described point "A" ; thence S 73°05 '42"
W 87.16 feet; thence N 74°54 ' 18" W 114 feet; thence S 15S
05' 42" W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the side
lines of the above described 20 foot easement. The side lines
of the above described 20 foot easement are to be shortened
or lengthened to intersect with the side lines of the above
described 30 foot easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
. Oak Park Heights as follows:
1. That the City Council for the City of Oak Park
Heights shall hold a public hearing pursuant to Minnesota Statute
462. 358, Subdivision 7, on February 23, 1981, at 7 : 00 o'clock p.m.
at the Municipal Hall, 14168 57th Street North, Oak Park Heights,
-2-
Minnesota, for the purpose of allowing all interested persons
to be heard on a proposal to vacate easements running in favor
of the City of Oak Park Heights for utility services over and
across the following described real property:
A 30 foot wide utility easement under, over and across
part of Lot 1, Block 1, Raymie Johnson Estates, Washington
County, Minnesota, the centerline of which is described
as follows:
Commencing at the Southeast corner of said Lot 1; thence
S 89°05 ' 42" E (assumed bearing) 178 . 34 feet along the
South line of said Lot 1 to the point of beginning of the
centerline of the 30 foot utility easement to be herein
described; thence N 0°54 '18" W 232 feet to a point here
after referred to as point "B" and there terminating.
And a 20 foot utility easement under, over and across
part of said Lot 1, Block 1, Raymie Johnson Estates, the
centerline of which is described as follows:
Commencing at above described point "B" ; thence S 73°05'42"
W 94 feet; thence N 74°54 ' 18" W 114 feet; thence S 15°05'42"
W 85 feet and there terminating.
The side lines of the above described 30 foot easement are
to be shortened to terminate on the southerly line of said
Lot 1 and lengthened or shortened to intersect with the side
lines of the above described 20 foot easement. The side.,
lines of the above described 20 foot easement are to be °'
shortened or lengthened to intersect with the aide lines of
the above described 30 foot easement.
BE IT FURTHER RESOLVED, that the City Clerk is hereby
directed to publish and post notice of said hearing as required
by law.
Adopted by the City Council for the City of Oak Park
Heights this " 6 day of January, 1981.
Dona. d Mondor, Mayor
ATTEST:
4;; Iie°412 son, City Clerk
-3_
NOTICE OF PUBLIC HEARING ON PROPOSED
VACATION OF UTILITY EASEMENTS
WITHIN RAYMIE JOHNSON ESTATES
IN THE CITY OF OAK PARK HEIGHTS,
WASHINGTON COUNTY, MINNESOTA
NOTICE IF HEREBY GIVEN that the City Council of the
City of Oak Park Heights, Washington County, Minnesota, shall
hold a public hearing upon its own Motion and Resolution received
by the City Clerk proposing vacation of the utility easements in
part of Raymie Johnson Estates. Said public hearing to be held
at 7 :00 o'clock p.m. on February 23, 1981, Municipal Building,
14168 57th Street North, Oak Park Heights, Minnesota.
That part of Raymie Johnson Estates proposed to be
vacated presently affected by utility easements running in favor
of the City of Oak Park Heights, is legally described as follows,
to-wit:
A 30 foot wide utility easement under, over and across
part of Lot 1, Block 1, Raymie Johnson Estates, Washington
County, Minnesota, the centerline of which is described
as follows:
Commencing at the Southeast corner of said Lot 1; thence
S 89°05 '42" E (assumed bearing) 178 . 34 feet along the
South line of said Lot 1 to the point of beginning of the
centerline of the 30 foot utility easement to be herein
described; thence N 0°54 '18" W 232 feet to a point here after
referred to as point "B" and there terminating.
And a 20 foot utility easement under, over and across part
of said Lot 1, Block 1, Raymie Johnson Estates, the
centerline of which is described as follows:
Commencing at above described point "B" ; thence S 73°05' 42"
W 94 feet; thence N 74°54 '18" W 114 feet; thence S 15°05 '42"
W 85 feet and there terminating.
I.
The side lines of the above described 30 foot easement
are to be shortened to terminate on the southerly line
of said Lot 1 and lengthened or shortened to intersect
with the side lines of the above described 20 foot ease-
ment. The side lines of the above described 20 foot
easement are to be shortened or lengthened to intersect
with the side lines of the above described 30 foot ease-
ment.
Dated: January 2 A, 1981 BY ORDER OF THE CITY COUNCIL
B pt L2 I I
LaVonne Wilson, City Clerk
-2-
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A
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
.
On this 13th day of March , 1981, before me, a
Notary Public within and for said County and State, personally appeared
Y Y p
JEROME H. SMITH and MARIANNE I. SMITH, 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.
.,/' l /I
f .KA�� F� -R Notary Public, Washington County, Minn.
(Notarial Seal lY. t<oT.,,,1 P ::!_i_. . =-3TA <.
w�...
I ;CGr � on r s 15, I
Y ■
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this < _ day of :/./,: , 1981 , before me, a
. Notary Public within and for said County and State, personally appeared
Donald Mondor and LaVonne Wilson, to me personally known, who, being
each by me duly sworn did say that they are respectively the Mayor
and ,City Clerk of the City of Oak Park Heights, the corporation named
in the foregoing instrument; that the seal affixed to said instrument
is the seal of said City, and that said instrument was signed and
sealed on behalf of said City by authority of its City Council, and
the said Donald Mondor and LaVonne Wilson acknowledged said instrument
to be the free act and deed of said City.
/ Ii
Notary Public, Washington County, Minn.
(Notarial Seal)°"'^"At °
s r, KA Ef! L. FRCENER
a t4•.` NOTARY PUBLIC—MINNESOTA a• WASHINGTON COUNTY
My Commission Expires May 15,1985.
x it
-3-
c
A G R E E M E N T
THIS AGREEMENT, made this day of lAL •
1981, by and between JEROME H. SMITH and MARIANNE I. SMITH, husband
and wife, parties of the first part, hereinafter referred to as
- "Smith", and the CITY OF OAK PARK HEIGHTS, a municipal corporation,
party of the second part, hereinafter referred to as "City" .
WITNESSETH:
WHEREAS, Smith is the owner of the following described real
estate, to-wit:
Lot Twenty-one (.21) , Block One (1) , Brekke' s
Garden Hills, according to the plat thereof
on file and of record in the office of the
Registrar of Titles in and for the County of
Washington, State of Minnesota;
and
WHEREAS, the City is the owner of certain real estate to the
North of the Smith real estate, which is being used as a park,
playground and skating rink for younger children; and
WHEREAS, the City has acquired the Easterly eight (8) feet of
Tract A, Registered Land Survey No . 53, according to the plat thereof
on file and of record in the office of the Registrar of Titles in and
for the County of Washington, State of Minnesota, for use as a
pedestrian walkway for access to said park and playground.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto
as follows:
1 . That the City will construct and maintain a wood privacy
fence designed for air circulation six (6) feet in height, one (1) foot
West of the West boundary line of the Smith parcel from the North line
to the South boulevard line of the contiguous property to the West.
2. That the City shall maintain and keep said fence in good
repair and keep the same painted in an inconspicuous color so as to
blend as much as possible with the surrounding vegatation.
3 . That the City shall have the right to enter on the Smith
property for the purpose of constructing and maintaining said fence.
The City shall, during construction, have the right to remove certain
shrubs and trees that are located on or near the boundary line. The
City shall also have the right to trim certain trees that are located
in the proximity of the fence. However, it is understood that
during the construction the City will do no more damage than necessary
to accomplish the erection of said fence and, upon completion, the
City shall plant trees and shrubs to replace those removed and shall
restore the area to a clean and sightly condition. Subsequent to the
erection of said fence, the City shall have the right to enter the
Smith property to maintain said fence, and that said fence shall be
maintained in a good condition as hereinbefore set forth.
4 . That the City shall pay to Smith the sum of Five Hundred
Dollars ($500. 00) upon execution of this Agreement as damages, receipt
of which is hereby acknowledged by Smith.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
YJL
/ rome /1,2)t-Z
H. Smith
' /
/
Marianne I. Smith
CITY OF OAK P K HEIGHTS
F �i ,/
By �% �iw
Mayor
At tes C
City Clerk
-2-
3/8'
A G R E E M E N T
THIS AGREEMENT, made this day of 0/-CILc�--/
1981, by and between THOMAS C. NELSON and CONSTANCE M. NELSON, husband
and wife, parties of the first part, hereinafter referred to as
"Nelson", and the CITY OF OAK PARK HEIGHTS, a municipal corporation,
party of the second part, hereinafter referred to as "City" .
WITNESSETH:
WHEREAS, Nelson is the owner of the following described real
estate, to-wit:
Tract A, Registered Land Survey No. 53,
according to the plat thereof on file and
of record in the office of the Registrar
of Titles in and for Washington County,
Minnesota;
and
WHEREAS, Nelson has this day conveyed the East eight (8)
feet of said above-described parcel of land to City to provide a
walkway for pedestrian traffic to the park, playground and skating
rink located North of the Nelson property.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto
as follows:
1 . That the City will construct a chain link fence (1 t 4-
feet in height, one (l) foot East of the [Nest line of the East eight (8)
feet of said above-described parcel conveyed to City..
2 . That the City shall maintain and keep said fence in good
repair at all times.
3. That the City shall have the right to enter upon the
Nelson property for the purpose of constructing and maintaining said
fence. The City shall, during construction, have the right to remove
certain shrubs and trees that may be located near the boundary line
so as not to interfere with the construction and maintenance of said
fence. However, it is understood that during the construction the
City will do no more damage than necessary to accomplish the erection
of said fence and, upon completion, the City shall plant trees and
shrubs to replace those removed and shall restore the area to a clean
and sightly condition. Subsequent to the erection of said fence,
the City shall have the right to enter the Nelson property to maintain
said fence, and that said fence shall be maintained in a good
condition as hereinbefore set forth.
4. That the City shall pay to Nelson the sum of Three Thousand
Five Hundred Dollars ($3, 500. 00) upon execution of this Agreement
as damages and in consideration of the said conveyance, receipt of
which is hereby acknowledged by Nelson.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
Thomas C. Nelson
Y7' ,14`7-4----
Constance M. Nelson
CITY OF OAK- PARK S
By � /�.�./ //I/11�. /
Mayor
Attes-C
City Clerk
-2-
-.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of //)/ /{,/1.-.1..k. , 1981 , before me,
a Notary Public within and for said County and State, personally
appeared THOMAS C. NELSON and CONSTANCE M. NELSON, 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.
x nnnr✓vwv n rrnn■
, -. . LYLE J. ECK `� ?G ` y-
S'" ? NOTE Y , 'i_iC— K!::::- ? ,/C- C `'
, _ ' „-, TO�� COUNT ? �No ary Public, �7ashing n County, MN
(No tar'al Seal:Y-1'Lxpres June%;,1,:s2
xWVVW W1vv v✓WVv\WV1iV vvvvw va
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
On this ,°,7)/;.f,, _,, day of 7';;1,%4L.-<:- , 1981 , before me, a
Notary Public within and for said County and State, personally appeared
Donald Mondor and LaVonne Wilson, to me personally known, who , being
each by me duly sworn did say that they are respectively the Mayor
and City Clerk of the City of Oak Park Heights, the corporation named
in the foregoing instrument; that the seal affixed to said instrument
is the seal of said City, and that said instrument was signed and
sealed on behalf of said City by authority of its City Council , and
the said Donald Mondor and LaVonne Wilson acknowledged said instrument
to be the free act and deed of said City.
+_,
.M ^^^^^^^^ -Alotary Public, Washington County, MN
(Notarial Seal NOT=.r, ,;L F _SOTA
w,IS.. Gd:,CNI;:_a7G`1 CaiNfY
My Commission Expires I,:ay 15, 1935.
Y
t
-3-
DEED OF DRAINAGE EASEMENT
THIS INDENTURE Made this 12th day of February , 1981, between the
undersigned DELMAR E. and DORRIS C. FREEMAN, husband and wife, and WILLIAM E. and
SUSAN M. GRAMENZ, husband and wife, parties of the first part and CITY OF OAK PARK
HEIGHTS, a Municipal Corporation, in the County of Washington, State of Minnesota,
party of the second part;
WITNESSETH: That parties of the first part in consideration of the sum of
One Dollar ($1.00) and other good and valuable consideration in hand paid by the
party of the second part, receipt of which is hereby acknowledged, do hereby grant,
bargain, sell and convey to the party of the second part forever, a perpetual and
appurtenant easement for storm sewer and drainage purposes over, under and across
certain lands in the County of Washington, State of Minnesota, described as follows:
South 5 feet of Lot 13, Block 5, Brekke Heights Second Addition
to Oak Park Heights, MN;
Also, a temporary construction easement over the following described land:
South 15 feet of Lot 13, Block 5, Brekke Heights Second Addition
to Oak Park Heights, MN;
TO HAVE AND TO HOLD THE SAME, together with all the appurtenances belonging
and in any way appertaining to this easement; and the first parties, their heirs,
executors and administrators do promise that they are well seized in fee of the
lands and premises aforesaid and have a good right and title to convey the lands,
subject only to encumbrances of record.
IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands
the day and year first above written.
IY. liSt.A2-1,,„_,__-_=>
Delmar E. Freeman
Dorrip C. Freeman
Wi liam E. Gr enz�
usan M. Gramenz
By execution of this agreement, the City of Oak Park Heights hereby certifies
that it is authorized to accept this instrument and that its covenants and agreements
constitue legal and binding obligations of and are enforceable against the City
jff of Oak Park Heights.
CITY OF OAK PARK HEI HTS
BY /mot ems^ U. 4+
l Mayor
81�,' r — .rL.��y✓
Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ,2 day of
bee, , 1981, by Delmar E. and Dorris C. Freeman, husband and wife, and William
E. and Susan M. Gramenz, husband and wife. %It
NOTG Dffi —MINNESOTA � tary Publi
` WASHINGTON COUNTY
• My Commission Expires July 17,1982
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this 12th day of February,
19 8 1,, by Frank OSommerfeldt and La Vonne Wilson , Mayor and
y
Clerk, respectively, for the City of Oak Park Heights, Minnesota.
e icknd O Won No ary Public
NOT?.? FUnIC-MINNESOTA
WASHINGTON COUNTY
y i&i'f )uion ucpir s Nor.25,19N
THIS INSTRUMENT WAS DRAFTED BY:
Howard R. Turrentine
TURRENTINE & MAGNUSON
Suite 203
Oak Park Heights State Bank Bldg.
Stillwater, MN 55082
(612) 439-9464
AlmmomiL
DEED OF DRAINAGE EASEMENT
THIS INDENTURE, made this 12th day of February , 1981, between
the undersigned THOMAS D. and LINDA L. MARTIN, husband and wife, parties of the
first part and CITY OF OAK PARK HEIGHTS, a Municipal Corporation, in the County
of Washington, State of Minnesota, party of the second part;
WITNESSETH: That parties of the first part in consideration of the sum of
One Dollar ($1.00) and other good and valuable consideration in hand paid by the
party of the second part, receipt of which is hereby acknowledged, do hereby grant,
bargain, sell and convey to the party of the second part forever, a perpetual
and appurtenant easement for storm sewer and drainage purposes over, under and
across certain lands in the County of Washington, State of Minnesota, described
as follows:
North 5 feet of Lot 14, Block 5, Brekke Heights Second Addition
to Oak Park Heights, MN;
Also, a temporary construction easement over the following described land:
North 15 feet of Lot 14, Block 5, Brekke Heights
Second Addition to Oak Park Heights, MN;
TO HAVE AND TO HOLD THE SAME, together with all the appurtenances belonging
and in any way appertaining to this easement; and the first parties, their heirs,
executors and administrators do promise that they are well seized in fee of the
lands and premises aforesaid and have a good right and title to convey the lands,
subject only to encumbrances of record.
IN WITNESS WHEREOF, the parties of the first part have hereunto set their
hands the day and year first above written.
46.71041, //2#41.. .
Thom D. Martin
) 7
Linda L. Martin
By execution of this agreement, the City of Oak Park Heights hereby
certifies that it is authorized to accept this instrument and that covenants
and agreements constitute legal and binding obligations of and are enforceable
r
against the City of Oak Park Heights.
CITY OF OAK PARK HEIGHTS
BY i -=x.2 17 G ''l
�- ` „t..:,. e'l'V
j: Mayor
lerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this c22"44 day of
,) , , 1981, by Thomas D. and Li . rtin, husband and wife.
G. CL SWAGER
NOTARY PUBLIC-MINNESOTA
6
tr: �� wASH1lvoTOp couNrr Notar Public
My Commission Expires July 17,1982
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this 12th day of
February , 1981. by Frank 0 Sommerfeldt and La Vonne Wilson
Mayor and Clerk, respectively, for the City of Oak Park Heihts, MN.
4 1-1.A. ItALLIV 0- il_AZ P.,1 j
�I. cRicraTd G, TV CtPublic
A, NOIA,,,Y r` tIC MINNESOTA
} WASHINGTON COUNTY
MY commis,ion expires Nov,25,1986
THIS INSTRUMENT WAS DRAFTED BY:
Howard R. Turrentine
TURRENTINE & MAGNUSON
Suite 203
Oak Park Heights State Bank Bldg.
Stillwater, MN 55082
(612) 439-9464
r
iMMIIIIII
DEED OF DRAINAGE EASEMENT
THIS INDENTURE made this 12th day of February , 1981. between
the undersigned GERALD J. and MARLENE G. SHELLEY, husband and wife, parties of
the first part and CITY OF OAK PARK HEIGHTS, a Municipal Corporation, in the County
of Washington, State of Minnesota, party of the second part;
WITNESSETH: That parties of the first part in consideration of the sum of
One Dollar ($1.00) and other good and valuable consideration in hand paid by the
party of the second part, receipt of which is hereby acknowledged, do hereby grant,
bargain, sell and convey to the party of the second part forever, a perpetual
and appurtenant easement for storm sewer and drainage purposes over, under and
across certain lands in the County of Washington, State of Minnesota, described
as follows:
North 5 feet of the East 20 feet of Lot 15, Block 5,
Brekke Heights Second Addition to Oak Park Heights,
MN;
Also, a temporary construction easement over the following described land:
North 15 feet of the East 30 feet of Lot 15, Block 5,
Brekke Heights Second Addition to Oak Park Heights,
MN;
TO HAVE AND TO HOLD THE SAME, together with all the appurtenances belonging
and in any way appertaining to this easement; and the first parties, their heirs,
executors and administrators do promise that they are well seized in fee of the
lands and premises aforesaid and have a good right and title to convey the lands,
subject only to encumbrances of record.
IN WITNESS WHEREOF, The parties of the first part have hereunto set their
hands the day and year first above written.
Gerald J. S r ey p,
Mar -ne . helley- _
"a
By execution of this agreement, the City of Oak Park Heights hereby
certifies that it is authorized to accept this instrument and that its covenants
and agreements constitute legal and binding obligations of and are enforceable
/
/
I` against the City of Oak Park Heights.
CITY OF OAK PARK HEIGHTS
—- 7,-.......-cii IQ,i1,......,......„......., J.44--
Mayor
R
Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this :2M day of
.t$L... , 1981, by Gerald J. and Marlene G. Shelley, husband and wife.
--1 b, ,,,60,
G. D. SWAGER
1 , .A../N..
PNOTARY PUBLIC—MINNESOTA
WASHINGTON COUNTY Notary Public
My Commission Expires July 17,1982
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this 12thday of
February , 19811 by Frank O. Sommerfeldt and La Vonne
Wilson Mayor and Clerk, respectively, for the City of Oak Park Heights, MN.
k.
.1 c i aza G. Wien oiii
`. Not AS NGttc—MINNESOTA
�+,� WASHI NGTON come( Notary Public
Y curttniesienveapires Nov.25,1911I
THIS INSTRUMENT WAS DRAFTED BY:
Howard R. Turrentine
TURRENTINE & MAGNUSON
Suite 203
Oak Park Heights State Bank Bldg.
Stillwater, MN 55082
(612) 439-9464
r
DEED OF DRAINAGE EASEMENT
THIS INDENTURE made this 12th day of February , 19814 between the
undersigned, EVELYN M. SWAGER, an unmarried person, party of the first part and
the CITY OF OAK PARK HEIGHTS
a Municipal Corporation, in the County of Washington,
State of Minnesota, party of the second part;
WITNESSETH: That party of the first part in consideration of the sum of
One Dollar ($1.00) and other good and valuable consideration in hand paid by the
party of the second part, receipt of which is hereby acknowledged, do hereby grant,
bargain, sell and convey to the party of the second part forever, a perpetual
and appurtenant easement for storm sewer and drainage purposes over, under and
across certain lands in the County of Washington and State of Minnesota, described
as follows:
South 5 feet of the East 20 feet, of Lot 12, Block 5,
Brekke Heights Second Addition to Oak Park Heights, MN;
Also, a temporary construction easement over the following described land:
South 15 feet of the East 30 feet of Lot 12, Block 5, Brekke
Heights Second Addition to Oak Park Heights, MN;
TO HAVE AND TO HOLD THE SAME, together with all the appurtenances belonging
and in any way appertaining to this easement; and the first party, her heirs,
executors and administrators do promise that they are well seized in fee of the
lands and premises aforesaid and have a good right and title to convey the lands,
subject only to encumbrances of record.
IN WITNESS WHEREOF, the party of the first part has hereunto set her hand
the day and year first above written.
Evelyn M.: S) wager /}
By execution of this agreement, the City of Oak Park Heights hereby certifies
that it is authorized to accept this instrument and that its covenants and agree-
ments constitute legal and binding obligations of and are enforceable against the
City of Oak Park Heights.
CITY OF OAK PARK HUGHTS
BY ,C.4-14- e-.ali e
t
Mayor
Clerk
i
•
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of
.J�x.• , 1981, by Evelyn M. Swager, an unmarried person.
G. !IMAGER NOTARY KWIC MINNESOTA
IC—MINNESOTA ..
-
WASHINGTON COUNTY Notary Publ
My Commission Expires July 17,1982
e+N1
STATE OF MINNESOTA )
) 88.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this 7.- - day of
, 1981, by Frank 0 Sommerfeldt and La Vonne
Wilson the Mayor and Clerk, respectively, for the City of Oak Park Heights,
Mi ^1 �
cRhd
, NOlA6Y M10LiC• MiNNESOiA l 1 Al ,l�'J�i'(�` 'd �_(-',�" 4(,.-+'�(
J WASHINGTON CCIUN17 �r "N_
Mycomn►ission�xpins Nov.25,1986 Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Howard R. Turrentine
TURRENTINE & MAGNUSON
Suite 203
Oak Park Heights State Bank Bldg.
Stillwater, MN 55082
(612) 439-9464
7/g
%
LAW OFFICES OF
ECKBERG, LAMMERS. BRIGGS, WOLFF & VIERLING
it 126 SOUTH SECOND STREET
P. O. BOX 40
STILLWATER. MINNESOTA 55082
439-2878
LYLE J. ECKBERG
JAMES F. LAMMERS April 11, 1984
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING
JAMES I. MOBERG
Ms. LaVonne Wilson
City of Oak Park Heights
14168 57th Street N.
Stillwater, MN 55082
Re: Lawrence Larson Registration Matter
Dear LaVonne:
Enclosed herewith please find copy of my
letter of April 2 to Joe Anderlik, copies of two
drainage easements to the City of Oak Park Heights,
and Mr. Anderlik' s reply of April 6, 1984. Since
these two easements are no longer required for public
purposes, I would request on behalf of Lawrence Larson
and Mark Tuenge and Timothy Marlow as contract purchasers
of the Millroad Inn that these easements be vacated.
If you need a formal application or any fees in this
regard, please advise.
Yours ver truly,
Robert G. Bri gs
RGB:bg
Enclosures
cc: Lyle J. Eckberg
• _
44-510
Statement
���mauv��xn��no�
CITY MF OAK pr2' SE'CATS
14168 No. 57th St.
Stillwater, MN 55082
Date June 14, 1984
Lawrence C. Larson
�o�_--_'_____-__-__-___-----_------ -- -- - -------
15500 North 59th Street
^----------�--- --`--^--'----------�------------ ----� -
Oak Park Heights , MN. 55082
E � 2O9 9�
.��.^ c��ec, �,� �,�.'` `��`,/ ,,�.n� =x�yu�r,c�mzn:o� �—_------__�____--_-__
} �
5 84 may Engineering_ Charges 90 bo
5 84 Gazette Public Hearing Not. 77 2`
. _ .
' 5 84 Gazette Notice of Vacation 42J32
Total 209 i94
| � ' c '
!
! |
| | �
�- 4---�'------------'----- ----� ^ - -- - � -- - '
ri)
1/2,
� �h9 // purCo*:u|ovnu'Recy¥(
Aon4/J�f/Loa, Rise, / 7 014.4. 4 & 4 • , #sc Glenn R.Cook,P.E.
C_:K/4��y J a Keith A.Gordon,P.E.
Otto G.Boncstroo,P.E. Thomas E.Noyes,P.E.
eC 0 I Robert W.Rosette,P.E. Richard W.feaster,P.E.
vv v Joseph C.Anderlik,P.E. Robert G.Schunicht, P.E.
2335?I/ `7 d/ 36 Bradford A. Lemberg,P.E. Marvin L.Sorvala,P.E.
"F�i1ei Richard E. Turner,P.E. Donald C.Burgardt.P.E.
St. pa.a, A...r«a&55/13 James C.Olson.P.E. Jerry A.Bourdon,P.E.
Mark A.Hanson.P.E.
P 612-636.4600 May 1984 Charles A.Erickson
Leo M. Pawelsky
Harlan M.Olson
City of Oak Park Heights
14168 - 57th Street North
Stillwater, Minnesota 55082
RE: File No. 55
General
INVOICE NO. D I2O
FOR ENGINEERING SERVICES RENDERED April 1 thru April 30, 1984
Review Site Plan for 57th Street four-plea units Prin.Engr. 2 Hrs . @ $45.00 $ 90.00
Review Mill Road Inn easement description for
vacation Prin.Engr. 2 Hrs. @ $45.00 90.00
Review contamination of well by Northern States
Power Prin.Engr. 1 Hrs. @ $45.00 45.00
,$225.00
4
f
All bills due and payable within 30 days. Interest will be charged at the annual rate of 12%after 60 days.
I declare under the penalties of perjury that I am the person making the within claim;that I have examined said claim and that the same is just and true;that the
services therein charged were actually rendered and were of the value therein charged;that the fees therein charged are official and are such as are allowed by law;
and that no part of said claim has been paid.The effect of this verification shall be the same as if subscribed and sworn to under oath.
BONESTROO,ROSENE,ANDERLIK&ASSOCIATES,INC.
by .
Signature of Claimant
S i ILLVVN I LK t V tIV IIVIu LaALt I I t
• STATE OF MINNESOTA 1
Iss.
COUNTY OF WASHINGTON I
John Easton,being duly sworn,on oath says during all the times herein stated he has
been the Publisher and Printer of the newspaper known as Stillwater Evening Gazette and lei**i . if '
has full knowledge of the facts herein stated as follows: (1)Said newspaper Is printed in the
English language in newspaper format and in column and sheet form equivalent in printed .• i4O'I"legi 011,iftfiLitiliAIISI14.:
space to at least 900 square inches.(2)Said newspaper is a daily and Is distributed Monday '
through Friday of each week, except holidays: (3) Said newspaper has 25% of its news NOTICE,IS REPIEBt GIVEN that a
columns devoted to news of local interest to the community which it purports to serve and public hearing will be held before the City
does not wholly duplicate any other publication and Is not made up entirely of patents, Counei(oftheCIty*OAK P,rk lgfft son
plate matter and advertisements. (4) Said newspaper Is circulated in and near the Monday,May 14,19114(;it 1.00H'R: tn:tit the
municipality which is purports to serve, has at least 500 copies regularly delivered to Municipal Building'atw,t41611 3hh Street
paying subscribers,has an average of at least 75%of its total circulation currently paid or North,Oak Perk-Heltlhfs;Minnesota,to,
no more than three months In arrears and has entry as second-class matter In Its local post- consider the vocation et the fellOwhtpsur•
office.(5)Said newspaper purports to serve the City of Stillwater and surrounding area in 'feet Water drainage'ealien silted
the County of Washington and It has its known office of Issue in the City of Stillwater In said '
county,established and open during its regular business hours for the gathering of news, ..t,taae riltatereizOrded OdcbM t6a.
sale of advertisements and sale of subscriptions and maintained by the publisher or per- in'Book 302 of Deedi,date 831;$8'DOett-
sons in his employ and subject to his direction and control during all such regular business want No.. 20774, .;thei.f alowi try
hours at which said newspaper is printed. (6) Said newspaper files a copy of each Issue described property;., •I''‘,
immediately with the State Historical Society. (7) Said newspaper is made available at
single or subscription prices to any person, corporation, partnership or other unin- 1;Af 6asefneMt itilie iitir,0414 water
corporated association requesting the newspaper and making the applicable payment.(8) i,,- • drainage line of r thettgaft of the'
Said newspaper has complied with all the foregoing conditions for at least one year Northweit Chtt ,N1 1/4)df1fia
preceding the day or dates of publication mentioned below. (9) Said newspaper has filed Northeast ( starter (NE164) end '.
with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 the Northeast Quarter (NE1/4)of
thereafter an affidavit in the form prescribed by the Secretary of State and signed by the ;:the Northwest•Quarfer(NW1/•4)of„
Publisher and sworn to before a notary public stating that the newspaper Is a legal •• " Seet100 Three"(3) hi':ThWfl hip '
newspaper. "v Twenty. lne'(29) Wirth'Of Range'
:;'_Twenty,(20)+1W 1 Of,.he Fourth;.,;•
' (4th) Meridian, bovflied.!as., i
follow&to Wtti '
•
, S.. 'i `"�d•�jt„a'r ''r, '1�r g1.v..1
He further states on oath that the printed Notice of Public ,. BOOM! eth t 33i Where the isMd„
Intersects the.East iota,ed -the
Hearing , °;know and'i�!°fieto'rd 10. the,d
Government';;Roads, thine*`'•
'1 rSoufherly:.slent the,East,line of
Res Oak Park Heights 17)rd s anFOUr Seventeen and
�B East..to the Wei III**UM right. ..
hereto attached as a part hereof was cut from the columns of said newspaper, and was
printed and published therein in the English language, once each week, for >ofwNay a p of the Oleagma`$ta l iPaul,v:-
;
"
compehyt the hcel4O hatI WWII
Two - Weft Ilfte df•Saldf:rtW*tOfWby.to
successive week ; that it was first so published on I the
ed♦ the 2nd• day of May 19 and was I•.111 '`31. 5F� el ,,
"Nterth(itta,of ter Owlet,Thee*(31
thereafter printed and ',:to the hit;
published on �9S�a lio of,tteiglnning. ept,s. .,.
piece of land in the Northwest car- .
the...912... day of...MOY 19. and that the following is a printed .",k theregHedestribtM'astellewsd
B
Beginning en,the North;llmi of said, .r.
copy of the lower ease alphabet from A to Z,both inclusive,and is hereby acknowledged as .• Section Three (3)where the same.•
Intersects the East line Of the
being the size and kind of type used in the composition and publication of said notice,to wit: 'Stillwater:{-POff DOuOter Riled/') ;
` thence;StWfherly:along.the:East'....4
abcdetghtlklmnopgrstuvwxyz line of said Road Oflef'fitndre'dflfty- •,
A,' three.(14)*it to a plla ae thM m*
Vest Iwo hundred and thirty (230)
feet to;a points'thence North one
hundred forty-eleht •ofid'$7/100 .
(14.27) feet Mato Oe'less,.to�riii
•.• •• .••. North, line of said Section Three'• -. y (3)s,•theryce West along the North
line Of said Section Three(3)to the
Subscribed and sworn to before me this 9th day of May 19..E `'s point Of beginning?'Also sxcet)t a
1 strip of-ground.thirty ,(3b)t feet'
y.,Wade turtling from North tit South-,
through the said premises ton-
' tithe State Of Mintfestita by'.
deed recorded In Book 680*Deeds*' •
%"AI Pegs 328rlctereing to the United sttyases Gpverllmint Survey•
/
Notarial Seal I : gteydltnb�tf retoi�de0 Atiust ld,' p,
)n SoOk.SO/of beside;pa(ie 104,its Doeu-
GUDRUN MEYERS meat Nog,2611214 oVer 11*-Atbllewldg
Notary public, Washington County, Minnesota
My Commission Expires May 17, 1988
`111#iatili*Amy for`a Au ilei`d►silat►
-7 drainage Ilse over_pert of the Ner•
Printers Fee S I /' `� thwest one fourth(1/4)of the Net-
• ' • theast one fourth Wet Of Seetlai
Received Payment 19 'To
Three(3).' wnship TWeftY,NMt 4
(29) Flange Twenty(20),•descrtb
STILLWATER EVENING GAZETTE edOafelloWil,tq-Wit
By 'a West of the one fourth(1//4 post on ,
• _the North line of said Section'
f...Three (3), thence South fourteen
' (14) degrees, thirty (30) minutes
''East one hundred Mid' 'SO feet •
<(130)s•thence,East;two;hundred ,
)'' and Oath point twenty
04'sevett(14.27)feet more or less to
'.,the,North'I ifne.;of said„Section .,
Three(3):.ittente West oils said last
'mentioned line to the place of
beginning: said easement being
• 1,4 described d8 toltO ►s►tl wlt �,.,• 0,
f,•, Nerd'frf't't'10)`'NNII'i1)► hater,; •,i_.
twenty,(20) feet-Of the.prepetty 'F i'
above described.
Dated this 26111 day or Ii ilk
f /sv}loa°VOitii,tfitatt ll
, "sJ •^3 sF,„'.
tfi +
La'1/t tVlfi °y t, ,
"I1.I1 tot c �f k. i sc
BY,: l" ., eJ, '-,,I ° i* y
'l its South Second; (�� t';i, ''
' P.O. BOX C +t , ' l'.4' '4
Stillwater.MN SSCdt ' ri
AFFIDAVIT OF PUBLICATION
STILLWATER EVENING GAZETTE
STATE OF MINNESOTA i
iss.
COUNTY OF WASHINGTON ) `
John Easton,being duty sworn,on oath says during all the times herein stated he has f ..,,
been the Publisher and Printer of the newspaper known as Stillwater Evenin Evening and
has full knowledge of the facts herein stated as follows: (1)Said newspaper is printed in the " vehi tttazette. May t1 M
English language in newspaper format and in column and sheet form equivalent in printed ti,';':.: „.> ' .. "' t'4 (.... -N
space to at least 900 square inches.(2)Said newspaper is a daily and Is distributed Monday •.NOTItE OF.Al AtsON .4.
through Friday of each week,except holidays. (3) Said newspaper has 25% of its news aaOF SURFACE*At R DRAMA iE,
columns devoted to news of local interest to the community which it purports to serve and 4 EASEMENTS "'
does not wholly duplicate any other publication and is not made up entirely of patents, ,�.yy'r
plate matter and advertisements. (4) Said newspaper is circulated in and near the ,,'%NOTICE IS EREBY.b YEN*et,
municipality which is purports to serve, has at least 500 copies regularly delivered to 4 Ae 14th day of May 19841tfe$ity r Icil
paying subscribers,has an average of at least 75%of its total circulation currently paid or Of the C(ty,of Oak Park Heights did,StY
no more than three months in arrears and has entry as second-class matter in its local post- -resolution duly''adopted an geld.. atr^.
office.(5)Said newspaper purports to serve the City of Stillwater and surrounding area in vacate the following. at
the County of Washington and it has its known office of issue in the City of Stillwater in said ;:adrainage easements:; 6 -' - -.1:
county,established and open during its regular business hours for the gathering of news, ^. ?t , , i y•
sale of advertisements and sale of subscriptions and maintained by the publisher or per- .'1.Easement recorded October 17,A E
sons in his employ and subject to his direction and control during all such regular business In'Book 302 of Deeds,Page t31, s Docu
hours at which said newspaper is printed. (6) Said newspaper files a copy of each issue 1 ment $lo 269774, +overehe lowing
immediately with the State Historical Society. (7) Said newspaper is made available at described operty . ;. ( s;,' _
single or subscription prices to an y person, corporation, p artnershi p or other unin- " 3$,,.e�' Ny"
'
corporated association requesting the newspaper and making the applicable payment.(8) An easement ,_for a,i orface.: #ater t
Said newspaper has complied with all the foregoing conditions for at least one year il.drainage tine over that Marl of the Nod"
preceding the day or dates of publication mentioned below. (9) Said newspaper has filed r thivest Quarter(NW1/4)of**Northeast
with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 Quarter r;4NE1/4)end The Northeast •
thereafter an affidavit in the form prescribed by the Secretary of State and signed by the ,,,,Quarter AN E1/4)'-of the filorthwest.
Publisher and sworn to before a notary public stating that the newspaper is a legal ' Quarter(NW1/4)of Section Three(3)In
newspaper. -'Township'Twenty-nine (29) North 'of
x Range Twenty (20) west of the Fourth .
. (4th) Meridian,bounded as foilor,to-
snit } ' . .�-
He further states on oath that the printed
Notice of Vacation of "Beginning on the �lortl►One -d$ec-
tion Yhree33)where,I�kee nz tersects
the East;one of-,yheetltlweia+''.s
Douglas Road,known and referred toes
Surface Water Drainage Easements; City of Oak The Government Road;thenceSouffierly
elong the bast line Of sa read Seventeen'
vi(17)rods nd POW=t4) ks)tp'b.
thence East tithe W in**Me fight:
Park Heights `0:'efway of Ttte;.iChIcapo, St #eat11 1, jilin-
neapolls and Omaha-Railway Y
hereto attached as a part hereof was cut from the columns of said newspaper, and was thence Northerly<alone West Maid 4
°right-of-way tote North lineef itald,S�ecc--��
printed and published therein in the English language, once each week, for ;Von Three(3),;)Itlence West i e aid
4lorth line'Of'said Sectjpn h ` )fp°tbe'
PM 3g[c3i8CStX gIi days; that it was first so ublished on .'point of beet ing except a piece
Thur s • the 1! th day of Mal 19..1°.4 and was follows;R t corner thereof, i
p+ed as inning on the aIofn)Ilne
thereafter printed and published on every — to and including ;. aaidSeetio hree tAe#aZtne
intersects t he test itAe i iwitel"
the — day of 19.7.. and that the following is a printed t T'O(nt Douglas Road; Thence•Southerly,
*ION the East One of said Stoadtant Misrl-
copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as i'Wed fifty-three (123) 4 , ,,
' thence East two hund�3
being the size and kind of type used in the composition and publication of said notice,to wit: f-feet to a point;thenceelorth gne
forty-eight and 27/100 ' ?!J 4 ti e
abcdefghilkimnopgrstuvwxyz __. �-Yiess,to-the North NneetleoNfrgslotg
Three(3); thence est �t
r of said+uetflbfl,�e
, beginning;41tot o''oh ►elf
thirty OW Wide running fratn x
.acpnve a South-through aj
veyed,so d Y
Qptetd recorded `Took Lewis,s,
��77 323, accordirty.. o tihe.,Uni lith
Subscribed and sworn to before me this....t 1•.day of..,.. a� 19.Y _Government S Y `�-r Vti
Easement recorded August 16,1968,
ie
.. k 902 of Deeds,Page 108 ips'19ocu
meat .NO 268214, rover "foOlowin g
-, ribed property . ,.,G
/ jAn easement fore.surface water ."
...A1",(11-"X") •.• a'_drainage line over Part of the Nor,
- othwest One fourth(1/4)of the,Nor
Notarial Seal i ` . .y;i theast one fourth (1/4)"of Section 1
`.''Three(3),Township Twenty Nine
GUDRUN MEYERS ;i,;,(29),Range Twenty g),descrtb-
Notary public, Washington County, Minnesota 4 ag follows,t0 wit'_) 4 jr
My Commission Expires May 17, 1988 t,;, i !>, H.
• i . n •;gods and twenty.. point 1)'seven th
�(y aS/ prods and twenty one (21),•tMgi'hs c.
Printers Fee S•. �� '. festoftheonefourth(1/4) ton
�Ihe North fine of said"' ection ''`•
Received Payment 19 -"""17tree (3),"thence South fourteen <<.
STILLWATER EVENING GAZETTE U) degrees, thirty{30)minutes i ast one Ilandned,end 30 t. -
30 a d ,thence
By (230)feeti thence North one
w
hundred forty eight'point twenty 1
seven (148.27)feet More or less to' lI
the North line of said Section
roanr114amptuyanasuo{ecttohisdirectionandcontrol during all suchregularbusiness
hours at which said newspaper is printed, (6) Said newspaper copy I in Book o.,26 of Deeds,page h31,as rein
paper files is co of each issue matt, ed pro 9y74, over• fhe followtn¢
immediately with the State Historical Society. (7) Said newspaper is made available at dasCrtpgd'"
„single or subscription prices to any person, corporation, ProPe�L n n
p partnership or other unfn-
corporated association requesting the newspaper and making the applicable payment-(8) C Ats easement' for a. surface (vats
0, Said newspaper has complied with all the foregoing conditions for at least one year drainage line over that part'of the Na .7
preceding the day or dates of publication mentioned below. (9) Said newspaper has filed th(vest Quarter(NW1/4)of the Northeasiei
with the Secretary of State of Minnesota prior to January 1, 1966 and each January t Quarter= (NE1/4)and the Northeast:.,
thereafter an affidavit in the form prescribed by the Secretary of State and signed by the Quarter(NE1/4).'of the Northwest*
Publisher and sworn to before a notary public stating that the newspaper is a legal Quarter(t4W1/4)of Section Three(3) In
newspaper.
Township`, iTwenty-nne (29); North of.'
Range Twenty (20) west of the Fourths .
(4th) Meridian.:bounded as,foliovrs, to-,-1,
wit:- .
He further states on oath that the printed Notice of Vacation of Bootoolowofethe North line of said Seo•;'
eon Threef(3)where the same intersect;_
Ms East Ater of the Stillwatee. . .
Surface Water Drainage Easements; City of Oak tMGoverhee,tR� tdhenceso,theery
along the firte eftSeid Said road Sevens
(17)rods ,IF O(., .,(inks'14 ai poin
Park Heights thence E tether W�line of the tilde,
ofway°or ttokchkage $ti,Paul, MM.
hereto attached as a part hereof was cut from the columns of said newspaper, and was °neapolteapd Omaha-Railw -Company):''
thence Ni therty along Wesf Iitl ` sal
printed and published therein in the English language, once each week, for right-Of-Wee North line of
Thredl(3),fflence West elan se
QZ11 .10CClioc -days; that it was first so published on :Ypo' oebfettitInsex,t gperat desc P.
Thurs• the �j !-In Qf b l{ngt ex�h aft pteE " 1
17th day of May 19... and was s,'.th �ca'Mrr'ffieraof ......
thereafter printed and published on eve " e1i611i1frtR.
ry to and including ,,i ,A..,,.,,...u,, ,, ,
the day of — 19.:'.. and that the following is a printed i jf9M►R Rbedthefice- I
a the East fine of gild R
copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as fNfy-thee a(13� •f MIX/ '
being the size and kind of type Beat Mwhendred (r
•
ype used in the composition and publication of said notice,to wit: fltit toe pofntj thence Wiley huiWrett<
abcdef hi'klmno y-eight end 27/100 1 feet mot
9 I pgrstuvwxyL 4
less to the North ifiia:oR said Semi
ree,(3);_ West al the.N
10of sett on Thette to The
beginning' °`AISE except a strip oa,:
,g�eund-th(rtyl�(30)feet wide running
, faii,fsi"Spufh throe said
F
*Yet 4 prom'
Subscribed and sworn to before me this....1 th Ma t'.': a ccardl t th1 ( mat a
.....day of...�.... i9.. �� y�� VI
�a ti recorded August le 19W 96rii,=
Deeds?paint 1 as- ,
.i'<Cele4(-4C) , , '''''.}g Ni. 2611214 oyes foil
4 a. .
h;'..141(• operfy ;i k r ,
aaslenf i▪F surf a water
/ • ° '_a lifte o port ,•(Notarial Seal)
onefo flat(1//)ofherfa(ie
hre t3);Tomtit Tw Settiai' s
GUDRUN MEYERS r• TT 4i eMy Nine
Notary -+ 'OW follows, ientyA20,)sdets:cr)b �:•.
y public, Washington County, Minnesota .t ed'as follows.to-wit4; i� 31
My Commission Expires May 17, 1988 1.l.yi,w
"
P y :•.{ i.L Commencing at a point seven (7);t- twenni. ,. t 1) lengthsi q*v 4fot foi(/4poton-
CA O T u
19 `..: hrl N 4tt
3) theneai( #ousates
(th fau ct
reefio .i Received Payment
STiLLWATER EVENING GAZETTE ' th 30 ,. ,„#..
By '•• 'U3athf�ltaorle
:",� Mimed fertn'&Ott point twenty
*
-
c,,'' even'tti .27)toot ore or ir 3 I ,,sil a ,
'a Three( / h�eSt(Nt said
mentioned line'to the place=of
, •beginning. saly easement being am"a denerlinnte, of �4 The Nortfr fa ( et o `two(21 ot the a .aboveid�r(b , +
� .� ,�� de of
r -
t s 1,--,: °i r l/ kLV WIO▪n i a
r�vofne wit%ctir
S k
-;:{° ` yr.
i Ai't....k v
*x . .iAj� L h�L. 4.
.� 6 a�-°j �ti 3,a a r 'e
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i.
k" fi ,9. '.�' t .d, .' 7
•
I
CITY OF OAK PARK HEIGHTS
/ MINUTES OF MEETING HELD MONDAY, MAY 14 , 1984
t
Call to order by Mayor Sommerfeldt at 7: 00 P.M. Present: O'Neal ,
Carufel, Doerr, Seggelke, Eckberq and Wilson. Absent: None.
Seggelke moved to conduct a public hearing on the application of
Swager Bros . for a conditional use permit for the lower mall expansion
project. Hearing to be held Monday, June 25, 1984 at 7: 00 P.M.
Hearing for V & H Auto Parts Store to be held at the same time.
Seconded by Carufel. 5 aye votes . Carried.
Clerk read public hearing notice and presented affidavit of publication
for request from Lawrence Larson for vacation of two surface water
drainage easements . Mayor called for comments. Seggelke moved to
close the hearing, with Carufel seconding. 5 aye votes. Hearing
closed.
Seggelke, seconded by O 'Neal, moved to adopt Resolution #84-5-9
approving the vacation on the above easements . Roll call vote taken
with 5 aye votes cast. Resolution adopted.
David Mechelke and Realtor Ann Jordan appeared before the Council
to discuss P
septic tank problem at the Mechelke residence. No decision
P
was made by the Council.
O' Neal , seconded by Seggelke, moved to approve the minutes of April
9th and 23rd. 5 aye votes. Carried.
Carufel , seconded by O' Neal , moved to adopt Resolution 484-5-10
resolving that the City of Oak Park Heights assumes and accepts the
contractual and other legal responsibilities of the Township of Baytown
and relieves the Township of Baytown from their duties and responsi-
bilities set forth in an agreement with the State of Minnesota,
Department of Transportation, for the purposes of the installation and
maintenance of a traffic control signal with street lights and signing
on Trunk Highway No. 212 and. County Road No. 66 in accordance with the
terms and conditions set forth and contained in Traffic Control Signal
Agreement No. 59387 which has heretofore been approved by the Department
of Transportation and authorizing Mayor and Clerk to sign same.
Roll call vote taken with aye votes cast by O 'Neal, Doerr, Sommerfeldt
and Carufel . Nay vote cast by Seggelke. Resolution adopted.
O' Neal, seconded by Doerr, moved to authorize the Park Commission to
hire temporary help for the parks over Memorial Day weekend. 5 aye votes.
Carried.
Carufel, seconded by Seggelke, moved to approve Treasurer ' s report and
payment of bills presented with the exception of Jerry ' s Auto Detail
check. 5 aye votes. Carried.
Doerr, seconded by Seggelke, moved to appoint Carufel and O ' Neal to
the committee studying the frontage roads along T.H. 36 . 5 aye votes.
Carried.
CITY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MONDAY, APRIL 23 , 1984
Call to order by Mayor Sommerfeldt at 7 : 00 P.M. Present : O' Neal ,
Carufel , Seggelke, Eckbero and Wilson. Absent : Doerr.
Clerk read public hearing notice and presented affidavit of publication
on amending Ordinance #601. 02 affecting dogs running at large and
adding the use of restraints on dogs off owner premises . Mayor called
for comments . Discussion ensued with O ' Neal moving to close hearing.
Seconded by Carufel . 5 ave votes . Hearing closed.
Carufel, seconded by O' Neal, moved to adopt Ordinance #601 . 02. Roll
call vote taken with 5 aye votes cast. Ordinance adopted .
Continued hearing on V & H Auto Parts Store CUP request was opened.
Carufel , seconded by Seggelke, moved to continue hearing plus
discussion on the lower mall expansion at next meeting May 14 , 1984 .
5 aye votes. Carried.
Seggelke, seconded by O' Neal , moved to approve in principle a resolution
agreeing to maintain street lights at Oakgreen Ave. and Highway #36
and assume the City ' s obligation to Baytown Township. 5 aye votes.
Carried.
Doerr, seconded by Carufel , moved to reject the variance application
from S . La Venture until he is in compliance with the court order.
Mr. La Venture to present council with plans prior to any further
applications being accepted. 5 aye votes . Carried. Clerk to return
fees.
Seggelke, seconded by O ' Neal , moved to accept preliminary plans for
Brekke Park Development and authorize necessary boring samples.
5 aye votes. Carried.
Seggelke, seconded by Doerr, moved to schedule a public hearing
Monday, May 14, 1984 at 7 : 00 P.M. on the request of Lawrence Larson
for the vacation of two easements . 5 aye votes. Carried.
Due to the Holiday May 28th, O ' Neal moved to schedule the council
meeting Tuesday May at 7 : 00 P.M. Seconded by Carufel . 5- aye
votes . Carried.
Receipt is acknowledged of the letter received from Robert Miller,
School District #834, regarding Community Education Compliance
meeting.
Carufel moved to ann.rove license for two video games at Canelake ' s
Restaurant. Seconded by Seggelke . 5 ave votes . Carried.
Seggelke, seconded by O ' Neal , moved to delete $10 . 21 from utility
account #91040 . 5 aye votes. Carried.
Sommerfeldt , seconded by Seggelke, moved to adjourn. 5 ave votes . Adjourne
Vonne Wilson
Administrator/Treasurer
•
RAPID NOTE • ME April 27, 1984
NOM • TO
Stiliwater Gazette
La Yonne Wilson
City of Oak Park Heights
Please publish the attached public hearing notice one time
Wednesday, May lid and one time Wednesday, May 9th.
Thank you.
SIGNED . �by._tr,.
TOPs.NO.3702
LITHO U.S.A.
,
. . NOTICE- OF PUBLIC HEARING
•
NOTICE IS HEREBY GIVEN that a public hearing
will be held before the City Council of the City of Oak 1
Park .Heights on Monday, May 14 , 1984 , .at' 7: 00 p.m. at the
Municipal Building at 14168 57th Street North, Oak Park
Heights, Minnesota, to consider the vacation of the follow-
` ing surface water- drainage °easements:
•
1. Easement :recorded October 17, 1968, in Book
302 of Deeds, page 831, as Document No. .269774 , over the
following described property:
An easement fora surface wster drainage line over
• that part of the Northwest Quarter (PIWq) of the
. Northeast Quarter (NF3 ) and. the Northeast Quarter
- (NE g) of- the Northwest Quarter--(NWT) of Section .
Three (3)• in Township Twenty-nine '(29) North of . . .
•. • Range Twenty (20). west of. the Fourth (4th) Meridian, •
•• bounded as follows, to-wit: • . • • •
Beginning on the North line of said Section Three
(3) where the same intersects the East line •of the .
Stillwater - .Point Douglas Road, known and referred
• to as the Government Road; thence Southerly along •
- the Bast line of said road Seventeen (17) rods and .
•
Your (4) links to a point; thence East to the West •
• .. line of the right-of-way of the Chicago, st. Paul, ' . •
. _ Minneapolis and Omaha Railway Company; thence Northerly ' .
.along West line of said right-of-way to the forth line •
. • . . . . • of Section Three (3) ; thence West along said North . _
• - •..-line of .said .Suction Three (3) to the point of beginning '
• , except a piece of land in the Northwest corner thereof,
'- ' • . described as follows: Beginning on the North line of ' ,
• ';. ••. • • said Section Three (3) where the same intersects the •...
. -• : ' • East line of the Stillwater •- .Point Douglas Road; thence .
" Southerly along the East -line of said Road one hundred •
fifty-three ' (153) feet to is point; thence East .two . . .
•• • hundred and thirty (230) fee_ t to a point; • thence .North ' '
• _ : • one hundred forty-eight 4nd 27/100 (148.27) feet•more • .
• _ot••1eaa,-•to the-North line of said Section Three (3) 1,.' • ••
- . 'thence .West along the North line of said Section Three - • :% •
- •(3)'..to the point .of beginning; '•Also except' a strip of •
• ,groan& thirty (30) -feet wide runni=Sg from Nort • to •• -
Soutli through the said premises conveyed to-016-State-of.• . - -
Minnesota by deed recorded in Book 68 of Deeds, page 325,
acaoxdina to the United States Government Survey thereof.
2 . Easement recorded August 16 , 1968, in Book
302 of Deeds, page 108, as Document No. 268214 , over the •
following described property:
•
.
An easement for a surface water drainage line.
over part of the Northwest one fourth (1) of the
Northeast one fourth (:) of Section Three (3) ,
Township Twenty Nine (29) , Range Twenty (20) ,. •
•
•
described as- follows, to-wit:
•
•
Commencing at a point seven (7) rods and twenty
one (21) lengths •::est of the one fourth (4) post
on the North line of said Section Three (3) , thence
South fourteen (14) degrees; thirty (30) minutes
East one hundred and 50 feet (150) ; thence East
two hundred and 30 (230) feet; thence North one
• hundred forty eight point twenty seven (148.27)
- feet more or less to. the North line of said Section
Three (3) ; thence West on said last mentioned line
to the place of beginning, said easement being described
•
as follows, to-wit:
The North ten (10) feet of the South twenty (20)
feet of the property above described. •
Dated this Z G day of April 1984.
• e� CJa-r�.t— c,�Qrr—J .
LaVonne Wilson, Clerk
•
THIS INSTRUMENT WAS DRAFTED BY:
Robert G. Briggs
126 South Second Street
P.O. Box C _
Stillwater, MN 55082
- 2 -
•
LAW OFFICES OF
ECKBERG. LAMMERS, BRIGGS, WOLFF & VIERLING
126 SOUTH SECOND STREET
P. O. BOX 40
STILLWATER. MINNESOTA 55082
434.2878
LYLE J. ECKBERG April 17, 1984
JAMES F. LAMMERS
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING
JAMES I. MOBERG
Ms. LaVonne Wilson
City of Oak Park Heights
14168 57th Street North
Stillwater, MN 55082
Re: Vacation of Two Easements on Lawrence
Larson Property
Dear LaVonne :
Enclosed herewith please find Notice of Public
Hearing to consider the vacation of the two surface
water drainage easements on the Lawrence Larson property.
It is my understanding that this matter will be placed
on the agenda for the April 23 meeting, at which time
the hearing will be set for May 14. The enclosed Notice
of Public Hearing must be published two times prior to
the May 14 hearing. It is my understanding that you will
take care of the publication and will bill the same to
Lawrence Larson.
Also enclsoed is a proposed Notice of Vacation
which should be executed following the Council action on
May 14. I will record the original of this document with
the County Recorder. If you have any questions, give me
a call.
Yours very truly,
frbff
Robert G. Briggs
RGB:bg
Enclosures
cc: Lawrence Larson
RAPID NOTE DATE May 15, 1984
FROM - TO
Stillwater Gazette
La Vonne Wilson
City of Oak Park Heights
Please publish the attached "Notice of Vacation" as soon as
space permits. Thank you.
SIGNED
TOPS NO. 3702 •
LITHO U.S.A.
s
I
I
•
NOTICE OF VACATION
OF SURFACE WATER DRAINAGE EASEMENTS
NOTICE IS HEREBY GIVEN that on the 14th day of
May 1984 the City Council of the City of Oak Park Heights
• did, by resolution duly adopted on said date, vacate the
following surface water drainage easements:
1. Easement recorded October 17, 1968, in Book
•
302 Of Deeds, page 831, as Document No. 269774 , over the
following described property:
•
An easement fora surface water drainage line over
that part of the Northwest Quarter CT") of the
Northeast Quarter (NF1) and. the Northeast Quarter •
418 ) of• the Northwest •Quarter- -(NWT) of Section
Three (3r in Tou-aship Twenty-nine '(29) North of .
. Range Twenty (20)' west of. the Fourth (4th) Meridian,
. . bounded as follows, to-wit:
•
Beginning on the North line of said Section Three
(3) where the same intersects the East line 'of the
Stillwater - _Point Douglas Road, known and referred • •
. to as the Government Road; thence Southerly along
• the East line of said road Seventeen (17) rods and
Four (4) links to a point; thence East to the West • -
line of the right-of-way of the Chicago, St. Paul, -
Minneapolis and Omaha Railway Company; thence Northerly
• . .along West line of said right-of-way to the ;Borth line •
of said Section Three (3) ; thence West along said North
line of said Section Three (3) to the point of beginning
• _ except a piece of land in the Northwest corner thereof, •`'
described as follows: Beginning on the North line of '
- said Section Three (3) where the same intersects the
last line of the Stillwater .- .Point Douglas Road; thence .
' Southerly along the East line of said Road ons hundred ,
ee ' 153 feet to it Dint thence East.two 'fifty-thr ( ) point: two . . .
•
and thirty (230) feet to a point: thence .North • •
hundred Y ( ) ; North
Po
one hundred forty-eight 4nd 27/100 (148.27) feet•more -
or leas; 'to the' North line of said Section Three (3) ;,.'•
alon the North line of said section. -
thsnce Pest g on Three
(3)' .to thi point .of beginning; '-Also except' a strip of
groans• thirty (30) feet wide runniiSg from North.;to
south through the said premises conveyed t.c5-t1 -State of
Minnesota by deed recorded in Book 68 of Deeds, page 325,
according to the United States Government Survey thereof.
2. Easement recorded August 16, 1968, in Book
302 of Deeds, page 108, as Document No. 268214 , over the
following described property:
An easement for a surface water drainage line.
over part of the Northwest one fourth (fit) of the
Northeast one fourth (s) of Section Three (3) ,
Township Twenty Nine (29) , Range Twenty (20) ,. •
described as follows, to-wit:
Commencing at a point seven (7) rods and twenty
one (21) lengths Nest of the one fourth (h) post
on the North line of said Section Three (3) , thence
South fourteen (14) degrees; thirty (30) minutes
East one hundred and 50 feet (150) ; thence East
two hundred and 30 (230) feet; thence North one
hundred forty eight point twenty seven (148.27)
feet more or less to. the North line of said Section
Three (3) ; thence West on said last mentioned line
•
to the place of beginning, said easement being described
as follows, to-wit:
The North ten (10) feet of the South twenty (20)
•
feet of the property above described.
7.b
Dated this /‘-'''day of May, 1984.
• LaVonne Wilson, Clerk
THIS INSTRUMENT WAS DRAFTED BY:
Robert G. Briggs
126 South Second Street
P.O. Box C
Stillwater, MN 55082
- 2 -
Bo , ^ fie, An e cc 4sc , n�� Glenn R.Cook,P.E.
,`J 7l�/ J Keith A.Gordon,P.E.
Otto G.Bonesrroo,P.E. Thomas E.Noyes,P.E.
I _ /�. gYnt� 0 � Robert W.Rosene,P.E. Richard W.Foster,P.E.
A '"L""""" 04tdN/�t .T""�I— Joseph C.Anderlik,P.E. Robert G.Schunicht,P.E.
.2335 W /•unh r/'y^ 36 Bradford A.Lemberg,P.E. Marvin L.Sorva/a,P.E.
n/ d/ Richard E. Turner,P.E. Donald C.Burgordt,P.E.
Si. /+ate M1w3 55f/3 • James C.Olson,P.E. Jerry A.Bourdon,P.E.
nl'o v. 612-636-4600 Mark A.Ronson,P.E.
Ted K.Field,P.E.
Michael T.Rautmann,P.E.
Robert R.Plelferie,P.E.
David Loskota,P.E.
April 6, 1984 Charles A.Erickson
Leo M.Pawelsky
Harlan M.Olson
Mr. Robert G. Briggs
Eckberg, Lammers, Briggs, Wolff & Verling
126 So. Second Street
Stillwater, Mn. 55082
Re: Oak Park Heights Easements
Lawrence Larson Registration
Our File No. 55 -
Dear Mr. Briggs:
We have reviewed the easement descriptions submitted on property owned by
Lawrence Larson in Oak Park Heights. These easements were-granted to the City
of Oak Park Heights for 'surface water drainage purposes.
The easement granted by Document Number 269774 has never been used by the City
and is not required for drainage purposes.
The land obtained by easement described in Document Number 268214 contains a
storm sewer pipe which was used in the past to convey storm water from
Stagecoach Trail to the Highway 95 ditch system. A recent storm sewer project
rerouted this drainage with the installation of a new pipe within the
right-of way of Stagecoach Trail and 59th Street with discharge to the Highway .
95 ditch system. The pipe within the easement has been abandoned by the City
and the easement is not required for public drainage purposes. However, the
pipe is still in place and may be in use for drainage of the Mill Road Inn
property. The easement is not required for public purposes and could be
vacated.
If yq ou have any questions on this matter, please do not hesitate to call.
y
Very truly yours,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
/ ;144zek O. at.,‘,.aatit
oseph C. Anderlik
JCA:mb
0232c
April 2, 1984
Mir. Joe Anderlik
Iionestroo, :tosene , Anderlik
and Associates , Inc.
2335 West Trunk }Highway 36
St. Paul, MN 55113
Re: Lawrence Larson Registration Matter
Dear Joe:
I a : in the nroces s of rorli sterina the title
to some nroperty oned by L?,rrence Larson in Oak rark
Ileichts , part of w)iici is being ourchasecd by 'hark
T'uenc,e and Tint'-v 'iarlow an-1 known- as the "illroad
Inn. A copy of the Certificate of Survey of Joel Anez
is enclosed t•Thic?h sholTs parcels A B and C which are
being registered. In addition, I have enclosed a copy
--� of _a portion of the Examiner of Title ' s '?eport which
makes reference in p_ aragraphss 2a. and 2h. under Liens
and Encumbrances of easements to Oak Park ':eights.
There is a hearing on the registration action
scheduled f yr Friday April 13. I c?i:;cu. ced this with
Lyle and he suggested I send you in`or ation
since he was of the opinion that these easements may
no longer be needed by the City, I would appreciate
if you could review the enclosures at your earliest
convenience and give me a call so we can discuss this
further.
Yours very truly,
Robert G. Briggs
RGB:bg
Enclosures
f �� ' nS �A • .'� ..y�+y �y,. j - •±.• a -,:r:� • t amt • .
y _ /Maria! V'A'PEB DRA }S AGIC �S AND AGREE? r!. �,�' • .r •,. �:
+.r�J�, -^ a �,aL• � •
.fir. •� •, .i At a:1.+.t�� •": 1. .�da�•
`r'* 11 ` '_ MOK ALL Mal BY TEE= PRESENTS,' That�Lawrenc_a C. _.arson;'-,K.
1:r-1 •"hereinaf ter-called `Grantor'' for and -in coneidsrat.ion of the sus; --...-c: -..
[
u �� i r gip_ ...�_ ..' .--► �.L.-
• - - • - -- :-- -� .•-. . dlr.. i • �r 2`Ca.� :: • "A...0
n
,, - of One.Dollar and other good and .valuable�:considesataon toth.� 'e`'`_
- .�!'
ir - r IL hand psid`by`t ie-Village--of Oak Park Aelgbts a ltinicipa,1s• '
a sh.v-
'r% r' _ , h,r`r ._. ..�i , ! '?t TA 7....1_,..'�'�`vr'-• T-,ar ► 4 ..,•
A a' • •
...�;t -corporat• ion, of the County of Washington, •State..of-inn�esotaj,„ ' ,••1. - u.- • '�, r. tG.•
W- 'r ,' hereinafter called `aran%.eet and in considetati ' •� e feithfu�r`r'
�A----7.•:{4-0...---....--...„.-...-.' .. _ ..-,:s ,t • i 1.-. r.•f•v '..r.-:-.;. .�f— �7 :.-. li t-tr
d a=,v.1ra p rtvr_sa• nee_ _by the •parties-hereto of_•the 'covenants her_a nsfteK,. .t v.1
'" contained, to be kept and performed by said parties, does hereby-,-. "' •
,
-
'-s • i grant unto eai?�.:arantee the f right, priirilege, easement and ,_•
Y
P.
'. . _`• `' authority to install,.`°operate, maintain, repair, replace or 1. .
L 7:. - ._....;,',.•••'s - , . .- , . ..
1.-.-- remove a surface water drainage 13ne across the following described - -
r - real estate owned by said Grantor in the County of Washington,
's . State of Minnesota, to-wit:
L
`` An easement for a surface water drainage line over
that part of the Northwest Quarter WW1) of the
Northeast Quarter (NEB) and the Northeast Quarter
(NA) of- the Northwest Quarter -(NWT) of Section .
...; .;t. . - Three (3)*• in Township Twenty-nine "(29) North of .
. Range Twenty (20)' west of. the Fourth (4th) Meridian,
bounded as follows, to-wit: - -
- Beginning on the North line of said Section Three -
.,,, (3) where the same intersects the East line .of the
Stillwater - Point Douglas Road, known and referred
, to as the Government Road; thence Southerly along
• the East line of said road Seventeen (17) rods and
Four (4) links to a point; thence East to the West
line of the right-of-way of the Chicago, St. Paul,
. Minneapolis and Omaha Railway Company; thence Northerly
t . along West line of said right-of-way to the North line
•:, of said Section Three (3) ; thence West along said North _
_ . line of said Suction Three (3) to the point of beginning
t'r-
=��s._ " except a piece of land in the Northwest corner thereof,
" described as follows: Beginning on the North line of - !
said Section Three (3) where the same intersects the '
• i:r:,y ,_
,�,�,. . . East line of the Stillwater - .Point Douglas Road; thence '`
_ Southerly along the East line of said Road one hundred
fifty-three (153) feet to ,a point; thence East two .
*`s-•'''. _ '• hundred and thirty (230) fee_ t to a point; thence North
F - ti-. one hundred forty-eight and 27/100 (148.27) feet more
k;.7:•.;,z;R, �`- of -leas; to the' North line of said Section Three (3) 1.- • , • _
t - the North line of said Section Three -
''���• "' • '-thence West along .•&=. .r'.-'_- • > ti (3) to -the- point of beginning; Also except a strip of , • _ -
-�'" T ground thirty (30) feet wide running fray North :to•
,,,........411.yv Y •
+[ 11
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. , ,
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INWITat,'sS WHEREOF, the said party has caused this
instrument to be executed this - 40, day of A iT
1968. (�
•
IN THE PRESENCE 071
F }
2
Lawrence C. Larson
VILLAG OF OAK PARK HEIGHTS--
_! By 1%
f Mary- r
_ • / By 0 �l •1�
- rk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGT'DN)
On this ` ' day of , 1968, before me,
a Notary Public within and for said county, personally appeared
Lawrence C. Larson„ to me known to !N° the person described in,
and who executed t=he foregoing instrument, and acknowledged that
they executed the same as their free act and deed.
, ,. .. , _
Notary Public, Wash. Co. , Minnesota
JAMES F. 1AMtaRS, Notary P•,rblk
STATE OF MINNESOTA ) Washinpt.n C3un:r. A:inn :
s s. ray t.7*missian bpares Det. 6. 1973
L_
COUNTY OF WASHINGTON)
On this _% -/ day of .�*ice �_{ ,, 1968, before me,
a Notary Public in and for said County and State, appeared
Raymond N. Johnson and Kenneth Heuer, to me personal) known,y �3v1 savor l' "'n. who
being by me first Y n, did say that they are respective)
the Mayor and Clem= of the Village of Oak Park Heights, the respectively
municipal corporat=on described in and who executed the
foregoing
instrument; that trle seal affixed to said instrument was executed
in behalf of said Corporation by authority of the Council of the
Village of Oak Pant Heights and said Mayor and Clerk acknowledged
be the free act a g
said instrument to ct and deed of aid corporation.
•
• t Notary Public, Wash. Co. , Minnesota-
-3- U.MF,T F. LAMM
FcS, Nt:•ery Aum4
•
side lines of the above described 20 foot easement. The
side lines of the above described 20 foot easement are to
be shortened or lengthened to intersect with the side lines
of the above described 30 foot easement.
Dated this `4-/ day of Alal 1981 .
ccC/
LaVonne Wilson, City Clerk
II
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,.. .;#;•-••••'4'- --'• . N.,:,:`, . . ,:.,t;.!'
,fr-".; • t • 269774
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Lice ot Regiate.c - Lc_ds i ss . .
lhaoingtc.n onmy. !....finesota
. I height certoty that the rr.'t•in i^.1 ...rc.,,rt
- l nac Wee in this Ottoce St S11:..ate. t-t -. -1 -,
the 17th eta),co Oct. •.A 'S." ;'. 68
,
•.t 9s00 c-cfn,i, 1.,,,,/.a^c1 A 7-1.: ,. ,...V.d
302 . nt DEEDS - -..
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^ Paz.. OX• •
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Register ct DeNis
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Deputy
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Eckberg & Lammers $3.00
NO CHARGE VILLAGE OF OAK PARK HEIGHTS
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______
: 126891.4
e ,
SURFACE WATER DRAINAGE EASEMENT AND AGREEMENT
• KNOW ALL MEN BY THESE PRESENTS, That Richard L.
Newman and Arlene Newman, husband and wife, hereinafter called
"Grantors" for and in consideration of the sum of One Dollar and
other good and valuable consideration to them in hand paid by
the Village of Oak Park Heights, a municipal corporation, of
the County of Washington, State of Minnesota, hereinafter .called
"Gr antee" and in consideration of the faithful performance by
the parties hereto of the covenants hereinafter contained, to
be e ke t and performed by said parties, do hereby grant unto said
Grantee the right, privilege, easement and auchority to install,
•
operate, maintain, repair, replace or remove a surface water
following drainage line across the f 9 described real estate owned
Grantors in the County of :7ashington,
State of Minnesota,
by said
to-wit:
a
An easement for a surface water . rainage line
over part of the Northwest one fo urth (¼) of the
Northeast one fourth ( ,) of Section Three (3) ,
Township Twenty Nine (29) , Range Twenty (20) ,
described as follows, to-wit:
Commencing at a point seven (7)
rods and twenty
one (21) lengths :•est of the one fourth (4) post
on the North line of said Section Three (3) , thence
South fourteen (14) degrees, thirty (30) minutes
East one hundred and 50 feet (150) ; thence East
two hundred and 30 (230) feet; thence North one
hundred forty eight point twenty seven (148.27)
feet more or less to the North line of said Section
Three (3) ; thence West on said last mentioned line
to the place of beginning, said easement being described
as follows, to-wit:
The North ten (10) feet of the South twenty (20)
feet of the property above described.
the parties hereto, hereby, specifically covenant to keep and
perform, the following terms, covenants and conditions, to-wit:
46
_ .
. •"` • •-..1-• '. • ',t- '2I0 .,-
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its and assigns,- • .--• WI
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over across, thro-ap and. under th•-iana 120.r • • or*.-- -...r „*.6.4'../ ‘ ,-
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described together latb.. ,,,•• riet-,t..9_ exceyaraisloit ,1%;$4....,- ,..4:,z..•
• - - - --...rz-- --..- --, ..- --•....,A,..... ,---•,,N.,
.:.- . ,'.' •-•-- -_ --=-;...-„--t, .„- ,,r.• 1...;,i•....c_ ,..:Zrt". 14.t&,4:,.:"'Sea./''re.:7-'-',..."3.4i,.•VI?" .41..‘",;" •r•4 0.• . '. .- ,, 4 .i.r,,,.. i
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' -- •,•-' ' ditc.hes andjor- treplates..for ttn•-location_.of 11113.a. ,F4.4,6rir. •4
-•• - •;' -. '......- -• •••• ..:•-•- •'. * -•(•-- '''#4.!•1 :/••••1r -.-• A '•::.'rrl , ^',...7"12. .4 44.?61: ttti •t" ti't '. .41:rnf. .•
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-water'drainago- line and thii 'faithei- right t4,) rorany• wz-e•ar •-,...otio,
. l- :. '--..' ■.• ' „.. •:.,4.,'... 4,, _ •'i ""-=.:-7-4:7,,,,.,,-14..;:i;.a..4)r.._4'&,...-.,4: ;i; 7;;•71-`,.1110;.0;. ''-‘ - . .-g.'' ',If- •
. .- . -7:'ad.,:..,...:„.•:,......- .. - a ,,..,.. •'''...• .. `• . 4,.. ••• ..- r••••!-,x--. .- •• -,c-.---,... -..c- te-Arr - K., ,..1 ....,.i. _,, .....,
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bushes and undergrowth for the construc 162 an tion
-...
-.----.---1`..:,:s -..!.•..r. -' ' - -"*- -4A.4
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said surface water drai " oaA
' ' -.- • - -. - -.1, ...."-‘ "vg---.. 4 ..... JS-1,i•'..
- • , k .t_ , ..,......„. _• •..,.,c •• -,c 4cc,..."44"...• •• "•-a • .'Ir., • -f*,...,....,
.-- of nisg*. iinet.b.,,
. .4.". -4,.... •••••,%-s•••••-. , ...7 . .-)1„. .r. , ---
- , ,- - -2. --..-. •• .Z.''--. .V: ...--It --'-'--_,--1.-- -.2 r'-•"'`Sr-.F...--- „J.-0*g' ''V:. -•-• •1'5,16-7"---:•-•414:--
. .._ _ , •- ; - .-•,. 4,--IA,..*:if-..----. ----,..4-.,,I.,.•.,...---1,- %.
2i-._s- I.t. _i s agr eed that Grantee
.- Gr...a ii;e- siall. -ie s rs.1..... s a3•i..r74l ,c-h-.tir t....--2-,-ms,,,e,..„1.t.,f.-y c-..-•:-;
, - •.r-"4...'„-,dai f,„.„...,.
-•-.-4.-‘ -.:%:* ,...."• ".... "4-z-A.1-...';1 -""'Pt....., ''' '...: " A.„
premises, as nearly as possible
s • owe . 1,66:10.- - .. •4Pf.,„ Aer
. - . . - . - - ..4-. ..... --,-%.- .-- * f-rev., •••••-11›:•"-
- -- -. - - .• . -• - 2-. • i't..7, ...•,...."?=" ...''., ' ,:a"..%.11. " - --"-- -
. . . -• • -_--......: - . .:-.--.-,- -N•••• ----.....›.1.,.. -:-• 7,.e,-4.17.. 't.-... •
it was prior to the time of said excavation for said .snrfaco.,!...:„,-,..-i--4 --2,1i.11.
-:: -- ft.- •••I- '•‘.'-'.v'•■••.'r,„,,'•,tr-A. - •1-...:',:•',„„.:0'--....r:-.74G
. , ._, .sas_, -,-:•:,• .„,.2.it' „,,..... . -•:.:;-.:,;/ -,.:,-A,,,--4,11 ..f..„
. .
water drainage line and in the event of repair or mainteninc,:x-.4,i7-7-4).:!...k
. .a...•a .e.v. %-:..• •^.414,,,a• --3., ..•- -
, .
of said line; 'restore said premises to nearly thil isamft.--;.1.■-.,..,,i .4.5 .e,..,,,.40„. ..„
. . . , ,......., ...... .,..,,,,. .t...,,,,-.;...,.--_-,..,4....1.z.".c..• . ..,. ..
conditions as practical it was pii.- _./
O i.io saideXcavat.#.1a ,,v.*-
irt, "r-tCx"..,.,--7---..,.3--11-txt.,•-•-, --.•
• . - . - • - -' -- - --.- - ..1,-,....-, .- :-.2.4<, .1..-s.....-.;i7r=Aut•;,,.-, ....!?-.m....13
- -. . .. -
It ii is further agreed that Grantee will restora any.lfencing ._?...11„...,A„.,-*-_,....,.„--i.
: ....v.- ... ., ,.-: --..-.... .:r-..,:;;;..-,...„,--.:.,„ p;..„, _--*,-4,...
• • • - • ---,-.: • ':---r".... ''. --...•-...."...- , .••• ......sFy4
• -- •-`-"7-4 '-i-.,.. • k -
that is necessary to remove or become• damaged during"..th• .. .
_ • . .. . . ....,..4).45. -4-.. •, .e.-...:.... .......‘,4 '-, •-"A. --4
. f.". - .3, --.2 -1.1,4..-• -..q,c.•,,,,dA
process of excavating or th-e subsequentrepsir`pfseidlin•...‘I...m..i..„--',..•-,v. ....."14.,::
, .. ;.. - - , .%.•--,4,--,,,-.: „..,:-..1-... --%•,-,:-"'"Z.V4•44#‘-•'A-"*.f •..*••
.' •--t,-1.„ the
A.. -•••• r -,...1-...c.zr.-0-.• _,„,, -,,,,,k,-
....
3. It is further agreed that as part' of'thii-.iL„--1...i4..;-"•-,v-4,- .ti.,1,-,- "...i•
-., . - _..,:z., -:.::•• -••••••..r.' __
- ...._... A ..,1.• --..
consideration of this grant, Grantor:swill not bo assessed -,.1....-_-_,•-z„.„, „I.Ici
. :-1 -...' . --- • f------...';'.., i-IT'r:T•5--1'
' ....':,•:, ,..7: - i - - .,...-r•s_ ... "2:-...-4....:4_v'.2s..y,..,...-00.p.1..-■
.
.-.- for the construction, maintenance and repair of the above;.,„.....-4,-...,4:.„1:,,-1,2 -
• ,, . . ..... ..... .-: ,.---....,,, •. ---k. • 6'""c.."-z.v.3-1
.1. •
lin --.•,,,,-... E--- „...... ,.... :1-.- • -....-...v.•,,,,,;,S-• 4..„
. - describad surface water drainage ••- . . . .,....;• 1..„_
A _
-. . - -..- '--.tt"----1t----- -..--: .- -,'!•-••-•--4a-"i; --‘--;!-..**--4...."'W:i...,- . 0
- . -0,:...; , rt--, ..- - 1:-?- •• • . ,,. _ ...,:- _..t0;4,:-,-=';',
. ,4N-.._v.-%
4. In the event Grantee.,at any time d.i.scontiriu•182:.,. ...,,,,...”‘.
• - - •••Ar.-- ....,r.r.• 4. Al..-7..ellt
r----
-. .,
-.• -, Ai, :";--:' : -:. •„ 7- - . ‘`•• „ Itv••-y„..• ,,e• s.-N,• ...
• • ••.•-• ' Z-4 :r•i.'..1/4""1- s,.'`- *--' ''
..,- .: ;:ki,,,••• - • •--• '-•_: . -• , .,.. . ,„, , -,,,,..„--_•. ot
`., the use af the property for the purposes granted herettr„,-.:"-.7471f..--.. . . ....z
■
- CP- . "..... . , • ••• .."."....' . .*"...:. . * 2.- a" -...p. "W'A. •
1,* •
then and in such event, -thisi easement together %dill 11111 :. .'e4I * i..,...t. ,..■
•-.4, ts.--..., 1 • ..: 1-t -r--...-•••.- • _ =-.--. . ---,-4.-.,--,.
a.• , - • `...., e ..4 .4'...-v ehall t 4i
ges ted h ate= tj
rights and priv reanar
... ....• . '
'.. '''-.C.V ^ "...: •
ileaned - , ,A.
..... „.....,t. ,1,-. ,..e ek•S-jr, . 0:),1,49
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. .. .*- -:,• f..- 4. ... '
- • Giantee'in 'Ito! 'Use'of the property shall,comPlliit-
- 4, • % 4, I % 1- f I l f ••.•.,...LI - r i .--,--.." . ,. , .,4"....-....-i_,, -.4,:ip...,..,
,..... „ 4 41, •• 4.q- -., --ir • .1-1'• - .-IC *....711.'It+.••f• -.4.•rr-•••••.)." s•••al,
er. s•'•- `.. 't 'it - ••,• ...Et 1 - 4
with all pertinent laws, codes and or co..- ,...t--'-.• - .._,e1 .54-.• R,-, ik ._,k•: .03/P
. ' . V' •-"
.-,, v A-..,:4-4-..-r -_-....=:-.7..,..":7,1: r. ..,,.---s---,--
rte tf. .'
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,
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IN nTITNES,r, viliEREOF, the said parties have caused
this ir.stru:tent to to executed this � `� day of ;c:��
1`361:. U
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iv,:g.„. d -„
Richard L. hcwr-.an --
.
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7‘rlene Newnan i
IN TiiL Pi E..;E!.CE OF:.
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office a Re44.6, a Deed. tss
riVasLington County. Minnesota
I twieby artily that theArthin inst-ornell
•
was tiled in this Office it $titsatet log tecord
-the 16.01.___day ot..AMILIP.t.__A.0_19._NPSP
-4 23.0 .o'cloc.k.JLe../.and weed*recorded
•Book...302 ..—__BI—._1?.9.q4A.—.--..
TOiS -
1 i J. F.SIMONET.
Register of Dree.a .
DePutY
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'.t.. Bckl)erg & Lamers
Stillwat,ers Iiinn.
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ii• Charge
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