HomeMy WebLinkAbout2002-06-11 Fully Executed Public Walkway & Bikepath Easement & AgreementReturn to:
Ekberg Law Firm
Attn: Mark J. Vier ling
1835 Northwestern Avenue
Stillwater, MN 55082
PUBLIC WALKWAY AND BIKE PATH
EASEMENT AND AGREEMENT
PUBLIC WALKWAY AND BIKE PATH
EASEMENT AND AGREEMENT
THIS INDENTURE, made this day of , 2002, by and
between VSSA HOUSING AND COMMUNITY SERVICES, LLC, a Minnesota limited
liability company under the laws of the State of Minnesota, 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 owners in fee simple of
the real estate described in Exhibit "A" attached hereto.
That for and in consideration of the sum of one and 00 /100 Dollars ($1.00) and
other good and valuable consideration, the receipt of which is hereby acknowledged, the party of
the first part has this day bargained and sold, and by these presents does bargain, sell and transfer
unto the City of oak Park Heights, its successors and assigns the following:
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 lines, equipment, materials, or other items
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 County of
Washington, State of Minnesota, is described as follows, to -wit:
A 20,00 foot wide strip of land over that part of Lot 1, Block 2, BOUTWELLS
LANDING, according to the plat on file in the office of the Registrar of Titles,
Washington County, Minnesota, adjoining and lying northwesterly of a line
beginning at a point on the west line of said Lot 1 distant 180.00 feet southerly of
the northwest corner of said Lot 1, as measured along said west line and
terminating at a point on the northerly line of said Lot 1 distant 93.00 feet easterly
of said northwest corner of Lot 1, as measured along said northerly line.
Also that part of the South 8.00 feet of said Lot 1 lying westerly of the line which
is parallel with the west line of said Lot 1 and distant 907.00 feet easterly of the
southwest corner of said Lot 1, as measured along the south line of said Lot 1.
Also a 20.00 foot wide strip of land over that part of the Lot 1, Block 3 of said
BOUTWELLS LANDING adjoining and lying northerly of a line beginning at the
southeast corner of said Lot 3 and terminating at a point of said south line distant
152.00 feet westerly of the said southeast corner, as measured along said south
line.
Also a 20.00 foot wide strip of land over that part of Lot 1, Block 1 of said
BOUTWELLS LANDING lying 10.00 feet each side of the following described
center line:
Commencing at the southeast corner of said Lot 1; thence North 01 degree 52
minutes 09 seconds West, bearing oriented to said plat, along the east line of said
Lot 1 a distance of 1 62.73 feet to the point of beginning of the center line to be
described; thence North 88 degrees 38 minutes 44 seconds West 13.93 feet;
thence South 71 degrees 28 minutes 28 seconds West 35.85 feet; thence South 60
degrees 59 minutes 15 seconds West 33.62 feet; thence South 54 degrees 15
minutes 57 seconds West 35.25 feet; thence South 51 degrees 18 minutes 15
seconds West 90.37 feet; thence South 51 degrees 18 minutes 15 seconds West
24.32 feet; thence South 86 degrees 35 minutes 14 seconds West 24.96 feet;
thence North 69 degrees 43 minutes 22 seconds West 57.88; thence North 57
degrees 39 minutes 19 seconds West 51.11 feet to the westerly line of said Lot 1
and said center line there terminate.
Also a 15.00 feet wide strip of land over that part of said Lot 1, Block 1 lying 7.50
feet each side of the following described center line.
Commencing at the northeast corner of said Lot 1; thence South 89 degrees 44
minutes 15 seconds West, bearing oriented to said plat, along the north line of
said Lot 1 a distance of 85.57 feet to the point of beginning of the center line to be
described; thence South 01 degree 52 minutes 09 seconds East 483.54 feet; thence
South 05 degrees 45 minutes 08 seconds East 140.38 feet; thence South 01 degree
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.
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:
36 minutes 10 seconds East 81.73 feet; thence South 16 degrees 26 minutes 30
seconds East 1 6.02 feet to a point on the last center line and said center line there
terminate.
\ \10,-/A1,L
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
2 02 before me, a Notary this � day of .� � �` 0 9 ry Public
y
within and for said County and State, per j' nally appeared Daniel A. Lindh, to me personally
known, who, being by me first duly sworn did say that he is the Chief Manager of VSSA
Housing and Community Services, LLC, a Minnesota limited liability company, named in the
foregoing instrument, and that said instrument was signed on behalf of VSSA Housing and
Community Services, LLC, by authority of its Board of Governors and said Chief Manager
acknowledged said instrument to be the free act and deed of said limited liability company.
VALERIE JEAN ALT
NOTARY PUBLIC -- MINNESOTA
My Commi s un €airs 1-31
4
VSSA HOUSING AND COMMUNITY
SERVICES, LLC
By: wA: Q
Daniel A. Lindh, its Chief Manager
atu\,,L; ce,oxbv,) CLa
Notary Public
Certificate of Title No. 54932
EXHIBIT "A"
That part of Lot One (1), Block Two (2), BOUTWELLS LANDING, Washington
County, Minnesota, which lies Westerly of the following described Lines A, B
and C.
T .i n e A: Commencing at the Northeasterly corner of said Lot 1, Thence South 89
degrees 44 minutes 15 seconds West 509.27 feet along the North line of said Lot
1; Thence Westerly 10.55 feet along said North line of Lot 1 on a 550.00 foot
radius tangential curve concave Northerly with a central angle of 01 degrees 05
minutes 56 seconds to the point of beginning for said Line A to be described;
Thence South 00 degrees 17 minutes 42 seconds East 125.09 feet and said Line A
there terminating.
Tine 11: Beginning at the herein before described point of termination for said
Line A, Thence North 89 degrees 42 minutes 18 seconds East 3 7.3 2 feet; Thence
South 45 degrees 17 minutes 42 seconds East 166.03 feet; Thence South 44
degrees 42 minutes 18 seconds West 109.22 feet; Thence South 45 degrees 17
minutes 42 seconds East 6536 feet; Thence South 44 degrees 42 minutes 18
seconds West 11.32 feet; Thence South 45 degrees 41 minutes 42 seconds East
61.28 feet; Thence South 52 degrees 41 minutes 17 seconds West 155.95 feet;
Thence South 89 degrees 42 minutes 18 seconds West 35.10 feet; and said Line B
there terminating;
Line C: Beginning at the herein before described point of termination for said
Line B, Thence South 00 degrees 17 minutes 42 seconds East 150.34 feet to the
south line of said Lot 1 and said Line C there terminating.
6
IN PRESENCE OF:
9 )4.iick
JULIE R. JOHNSON
NOTARY PUBLIC MINNESOTA
WASHINGTON COUNTY
My Comm. Expires Jan. 31, 2005
THIS INSTRUMENT DRAFTED BY:
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
5
PARTY OF THE SECOND PART:
CITY O OAK PARK HEIGHTS
By: ►',.
David Beaudet
Its Mayor
By:
Damper
Its Acting City Administrator
a
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this l da y of J L -fr1 , 2002, before me, a Notary
Public, in and for said County and State, appeared David Beaudet and Kimberly Damper, to me
personally known, who being by me first duly sworn, did say that they are respectively the
Mayor and Acting 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 Acting Administrator acknowledge
said instrument to be the free act and deed of said City of Oak Park Heights.
y Public