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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 3 L 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; - i 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 _ I 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 it 6 r EXHIBIT"B" • , • NOVA SCOTIA AVENUE NORTH m .-- 501'52'14"E 55.91' _ 41 ,n Lg f CD ° 0 C --, 1 0 la a � 0 o��wrn joT , 3 5•o m m 3m -, oo .� -ooA" . co .- . -r�,G. 't i- - 70 0 7 m O 0 n- �,, .ti 0 Z y 0 •N..,: •mil A A' �' Si' (0 f'.}_ 9. , ''( ,o ,�..5- 0 Z D s O �i 'ry Yi N -i S tp O 0 N • �_ _ .iL ;' r,. ,M1 . N00 0 _ 0 1,' .+ rri w Q N-, to to 1n an •0 C O ..- o O .i i ` . A � 0 _ - ',ti 'A t O p r J o 0 0 Z N o• S(D 0 i ''i •11, - - d o 0 Z Z Ol•N f O Z J ...- '� _ S f-1'rt O0 rn-..O-tp (SH N 0 o_ N- • O - oU00 Co N C 0 0-1 O n '�N S 0 CO O CD.Q j N 7 9 O .CT; - 550.00' - - -� o °_3 to 0 o t • o rt N N- - .+2.• CD CD I — East Line of the Northeast Quarter of i' Northeast Quarter of Section 5, / f / Township 29 North, Range 20 West , LI OAKGREEN AVENUE NORTH • • ° o o °) s ° o N v o _ °� n C1 1J D @ CI o t' = in4 °—• o m = sc m m = 5s ° 0 o °c.cu :: - _o Rl rn IT1 ^ cn7• C m '` o o 5ro =` o co 2.o o 0 3 !/� M 5' m � m2; vo ° 3pma0c0 Ko w CD C) ° g w oo m m w m •& HHHPJ w ° CA) R ,, -, ro c cr a. N a,0 O 0 CA ca CD > � m ° moco (mOSt5 • 003 o �mroc ro m 0 ) °, m O o 0 ro ° ° ° uwi ccDD 0 0 0 ut`� ° .( m o ° m ro s o o ai J • a owm (Oawc ° m9'(o .a. wD) ° o • • • 1.1.1. 0) ro C ro ca 2-(o QJ N N• N --1 Z (0 FD O SP, • D) E. y , O. a) 9-(o U) 0. 0. Z O CD C O- S N O W O y 7 2 0 CD m a ao � � � 5im� � � m (roi� �n� oom � U - - H Wp� • ai o o CD cr a m D m o m 1 m v 5 co o m0 z -tiro � .' o' C I' 5 ((!I- m a) (1) O . O • 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^ ....-. M. • 4 . F_. i 1,' • / ,./... S�L..a/. And .,,� `��; 1 erk - 3 - . • . 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, r d is i f 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 6a n,?1 - 4 - co A ' 4 = • ƒ Ems : \ - H 7 k / \ \ / / - - n «,..,k,.., AJ 0 7 � C+ IA� � } \ \� e \ \\ -D. - , owƒ - t / @ ` o > ■ _a Cl). . k+ / \ ' { co } g c —, c ro. / PO\ \ ( t /i) 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„ �C c GO Charles A. Erickson L '4�� ` �g�2 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 ....:. .... .... .... . . •L L C , .._,. _._� _. __...__� a/._.0_ . /7 57 . - -_ . !._so -)'": ..-0 A4117 .---.‘"- ---____________: -.- ;2/ ..). ',..)r ■ _ . . 4 L.R., • . * _______C-, _SO. _ .-3., 1. ./1. .-trIzfL____ .-. ":_e_______, _ _._____IL) T(7 i ____44/144% _ 4._. 1 / ..____ ...___:-____Y.. /°___ • !if) • . _.j . . „IV. ,e 6....a../ )__ 47U-k- .4 !I 1' . _ �L - Q/''yam /� J ,1 - -.1__. .._4_4!<_,_4-'1___&_____._____'___ ______1_0_3_ i 10 .. . .. .. . .. .. • ; 7 - 4/ • , ifolf 1 rj -- - ,..".ze=!./ -• .., -. ./ -e•;/„42- -* 4. 2 . _ , . _ _ __ „ . .t .,,, ../ _37, > t Or -. - j R {,� ____.. , 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 —\\\ 4'1. ‘ u \... , _\ 1\ . 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- ■ (..D ---______ 30.3 0 C7 I o, --NI / N 00 / .p m ro < 1 w 56th S CD .......... /` T _ r.,Z 1 a m , 39. r8 1/ 4 o ;0 \ / • < • r_. 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'•.•;• -.C:: •f• :1.5'G.\iW. ... �: R•.'• s• + r 3• 7).':•'..';;;;.:<'.,'..:.e,-4',A.." PM! -t�': 9 , 'C, :�} � .4 .�,y i ,=. :,t�r4 +'�' :4}.• ::'T.• Y�i t ..l ,, ; 4 s �. a _�_. , w ., yf,a, 's - °3-. t a;1 _ >a— ^`i - -{t.(T+ �L ' ��,. - _ ,.,., y. ."F, i p. - "ra •4.-- ,.,,4' ,a•�; f fi •4,n.' `w. s ,,t. !} t -4,,,y:,;, x t .Ab f.+ f T.^ ,lK,... 'd' t '- ,!W _l -1t> ' c:,:,,A' _ ..,' 3 . y\:_fi_i'" fi 44% . 4 .. r.• 'R:Xc'' v:• 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 r, '' "D!',,"4-.,- 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 ,_ ,�,�,. . . 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" ---• •"' 4"'r'-;.'- -1. -''' '" -.' s tt.t etitek 4ita' r3-• a -)1.-, a*. -- --i 1 •--'' -'... - - -`,"--1• and in such event.;-, ttt pe.,,tiesem,r,!....,t, tt ,t.s.,_i,_ ...,., , ..,,,i,_„-1.a.‘11,.,/i.,... .-:•.„. ,,;,, _ ,....,...,„,.;!,.: .., .-,, :. ...... . _ ,..... , , ..... ... ,;,;.-a-- -tr-4-- 1-"..:)-ectki-i,vi-..-44...---0-rds--• .4- 051. .., • '' .,••...-7_, .,- - privileges 5. ran,..)t.. iiiii_,.. . „ ibi4 ...ta nk • ,.. , . .- - and pr ik.,,g. ,_.t14)4.--1,...T'1',:k rt ti..•, - .-7 ,.kt.'.1.'-%:, .e...4,.v,•- Z; -,,i,-•e‘,. ..';-„No.414...,14.‘.#• lk kir-* +4-` ..A, .„.,4p., . . ' . \ ". ...If."'44.47:eriit• irr •' 4lf!'.':' -'....._ '' ''2_..• :-'.t.7-:"..-''-. .4...•,...-.• - •N ';',/:.int„,tnn.‘"'.r.ii,VIZ.:. -4.- 4.1 T 't c ili:-.1..# ...4, . . v., i•-.V.t•-•‘-- • --,,t`v" •-•••9"-, - 17"., 1.4 -•;-.4 '"--111--iji 4.tet.:. tta415. ..ireenW. " 1,.Vje --, ' •. '. .1'4.1.**.s...',3.-„,_-*****;741...21'.....-re.."..*-21 • c..:?...-V. ..;:-/a.lit.i.,"--1., •'....2-'1›/Z-altiv 'I"' • • • ' .i_ ..ltr*'. -fltiri. . t' .4 It, . -.?.r.--- 7214..%,. .s.r' -4- 4/3e. .-t..,..•i..% '.! ---4, $1,• ..,-.• .="" -,e-_ ...- -' --wt.--7.•x .P'' - 1, - ...4 'NV} -., . . *.T\''' 9..'..V ...44..-'iq-ec..:,-,_ .. ..t:,..-__,_ ._ ...ia41.- 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 - 2 - ,.. .;#;•-••••'4'- --'• . N.,:,:`, . . ,:.,t;.!' ,fr-".; • t • 269774 ( / .... * i / . / I ' - 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 - -.. • .. ^ Paz.. OX• • J I Register ct DeNis : 4r 1 .. ,• . .. Deputy X c 4.f ;• ,- - '"- -''''''''-: . . Eckberg & Lammers $3.00 NO CHARGE VILLAGE OF OAK PARK HEIGHTS r 1 f, ______ : 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 .,- -..--' ,... :•:,•..0--7..;.... •4, . :•:1:7;-,17:i; f• .440t .1 ..12' ., ,,s , ...14K1'4„ .. i..,-.k•isif • : . .1... • .. •••••-> 4 ,......:4":, '",,e,•_,::,•::4.-•'..-.4%xj.44....',.,. ..•1„....i.r,:s.,..it. 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I.. . .. ..- .... tawiLf tr , . , ....- ,, .,,,,, ,..... .„ ......4. ..,, ..,..., ' ■Ir A . . . . _ ,: „ •. .., 1 .,,,.._ t.....c...11.4 4 •":"....:_•.:i 4_1 4 p..11,,P i,r.i. ,m-A•ii .„,-•;;-,',,,,,' 4):04"10,....nasipri 4 , -.. no ' - ..YL' '''•i ,La ---' 1:4.1- ti,,. • ,„ .,. -„,T. 1 t.14, _I - _ -.-.- 1- ----r---.;iricftitif•rir- ,.. .,..ft. r•.' :- -....;it. 110 4r,,.. .C.1.• - ...•'' - " over across, thro-ap and. under th•-iana 120.r • • or*.-- -...r „*.6.4'../ ‘ ,- -q21; • _ ............4.-..-.•-..,--...A..-4...--A.,......„----.....40:r....t.-Jar...0....--.--. ..,..-.4..P.r`...a.. .w- X,-.5.„f ...-4, v .--, _ - ./,.•-•-.... ' '- - -.,......,- .rl -• ...thi-nt as.....t -.''e--e- . -11,1 -..vw‘,..- - •■• {'c 1.4"4.2i• , • -.- 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 .:-7.4.4,- 4-. -- -...;• -'-.4"`•'-:- - -.• -----: -_:2- •,:--I--,--r- AN-7:-zt .-ri :‘-.7:: •4..• ,, %oz., 0.,,,,,gift ' -- •,•-' ' 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. .• ' . '_ . - '•-•:._ .._. f:( -.74.- ..i."%i•o• '. •' -•.;V,......r'1.'I:1 s.-. 14,4‘,4Z". '..„.Z'ft."*`•:;, ''_ftt..k.-tFat .1.!:"=!".f_ 1-4.rj et;.".•- .--,a_-..• • - • ,• ..-44.,...4,,,, ....I. -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. _,, ....., . . . bushes and undergrowth for the construc 162 an tion -... -.----.---1`..:,:s -..!.•..r. -' ' - -"*- -4A.4 .• , 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 1 . . .. .*- -:,• 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. .' , , • IN nTITNES,r, viliEREOF, the said parties have caused this ir.stru:tent to to executed this � `� day of ;c:�� 1`361:. U j --P iv,:g.„. d -„ Richard L. hcwr-.an -- . i I 7‘rlene Newnan i IN TiiL Pi E..;E!.CE OF:. ,1.Cret /I .---! r May-yt.• ,- -7 .." I -4.1 . .- -•-: /JJ/By -71-..y.--L 172,. �3 '`.t-'- C 1 ' i • ■ I .,_ r 4 S • '*" .1''' • .. . . _ _ • I . .. . . ii, 7 268214 1 . .• ..., . ... ov.,... . v.., _.. -. .. i• . .. . . ,... .s 4 . —. .. . r —. Y- . c . . . ... Z;:tr'..• y - , .7... r 1;." :':74' 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 1 .... '.t.. Bckl)erg & Lamers Stillwat,ers Iiinn. ... -:- ii• Charge ,,- -*- —_,.....