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HomeMy WebLinkAbout2002-07-30 WC Recorded Document #3253924 - Public Drainage & Utility Easements & AgreementWASHINGTON COUP r � MOL Return to: Eckberg Law Firm Attn: Mark J. Vierling 1835 Northwestern Avenue Stillwater, MN 55082 11 1 1 11 3253924 1 11 1 11 1 3253924 PUBLIC DRAINAGE AND UTILITY EASEMENTS AND AGREEMENT 1 1 1 1 Office of the County Recorder Washington County, MN Certified filed and /or recorded on: 2002/07/30 9:49:00 AM 1 Cindy Koosmenn County Recorder PUBLIC DRAINAGE AND UTILITY EASEMENTS AND AGREEMENT THIS INDENTURE, made this 11 th day of June , 2002, by and between INDEPENDENT SCHOOL DISTRICT No. 834, a public school corporation under the laws of the State of Minnesota, party of the first part; and the CITY OF OAK PARK HEIGHTS, Washington County, Minnesota, a Minnesota Statutory City, party of the second part. WITNES SETH: WHEREAS, the above - named party of the first part is the owner in fee simple of the real estate hereinafter described, a description for which is annexed to this document as Exhibit A. That for and in consideration of the sum of One and 00/100 Dollars ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the party of the first part has this day bargained and sold, and by these presents does bargain, sell and transfer unto the City of oak Park Heights, its successors and assigns the following: Perpetual easements for public drainage and utility purposes with the right to enter upon the real estate hereinafter described at any time that it may see fit, and construct, maintain and repair any lines, equipment, materials, or other items for public drainage and utility purposes, for the purpose of maintaining, repairing or replacing the said public drainage and utilities over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said public drainage and utilities, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction and maintenance of said public drainage and utilities. Further this right of entry notwithstanding, the responsibility for maintenance, expense and repair of the easements and all drainage and utility facilities thereon shall remain solely with the Grantor, INDEPENDENT SCHOOL DISTRICT No. 834, who shall indemnify and hold the City of Oak Park Heights, harmless thereon. That said public drainage and utility easements are located on the grounds of the Stillwater Area High School as the same is located in the City of Oak Park Heights, County of Washington, State of Minnesota, and are described as follows, to -wit: See attached Exhibits B and C. TO HAVE AND TO HOLD, said perpetual easements and right-of-way unto the CITY OF OAK PAR( HEIGHTS, Washington County, Minnesota, its successors and assigns, forever. The party of the first part does hereby covenant with the CITY OF OAK PARK HEIGHTS, that it is lawfully seized and possessed of the real estate above described. (THE BALANCE OF THIS PAGE IS LEFT BLANK INTENTIONALLY) 2 executed the day and year first above written. IN PRESENCE OF: witness IN WITNESS WHEREOF, the said parties have caused this instrument to be STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this O d ay of c , 2002, before me, a Notary Public, within and for said County and State, personally appeared c r c , - Y p y pP and C . , to me personally known, who, being each by me duly sworn did say that they are respectively the � y y P y ` 6�.:�o,s , C_ o. \ r- and C \ _\ of INDEPENDENT SCHOOL DISTRICT No. 834, a public school corporation under the laws of the State of Minnesota, Grantor. ', DEBRA Y HOYHTVA Q ? J : NO MY PUBLIC MNNESOTA My Commission Expires Jan. 31, 2005 PARTY OF THE FIRST PART: INDEPENDENT SCHOOL DISTRICT No. 834 By: Its C . Y By: Its c fl:3 ... u Notary Public 3 IN PRESENCE OF: Witr JULIE P NOTARY Pt NESOTA WASHNwu COUNTY My Comm. Expires Jan. 31, 2005 THIS INSTRUMENT DRAFTED BY: Mark J. Vierling Attorney at Law ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (651) 439-2878 PARTY OF THE SECOND PART: Not 4 Public By Its Administrator itu,L K , i STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , L ,Ta e. , 2002, efore me, a Notary Public, in and for said County and State, appeared DCW t Le tti,tAei and KA rn tot"( Lid , to me personally known, who being by me first duly sworn, did say that they are iiespectively the Mayor and Administrator of the CITY OF OAK PARK HEIGHTS, who executed the foregoing document by authority of the City Council of the CITY OF OAK PARK HEIGHTS, and said Mayor and Administrator acknowledge said instrument to be the free act and deed of said CITY OF OAK PARK HEIGHTS. EXHIBIT A Legal Description That part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Beginning at the Northeast corner of the South 496.00 feet of said Northeast Quarter, as measured at a right angle to the South line of said Northeast Quarter; thence South 88 degrees 45 minutes 42 seconds West, assumed bearing, along said North line 2342.42 feet to the center line of Trunk Highway 5, as presently located and traveled; thence North 34 degrees 17 minutes 12 seconds East along said center line 536.45 feet; thence South 55 degrees 42 minutes 48 seconds East 278.00 feet to the North line of the South 771.07 feet of said Northeast Quarter, as measured at a right angle to said South line; thence North 88 degrees 45 minutes 42 seconds East along said North line 1800.79 feet to the East line of said Northeast Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 275.07 feet, more or less, to the point of beginning, containing 14.79 acres, more or less. Subject to Trunk Highway 5 along the Northwesterly 78.00 feet thereof and subject to restrictions and easements of record. Together with an easement for the purposes of construction, installation, maintenance and repair of utilities under, upon and over the Easterly 30 feet, as measured at right angles to the Easterly line thereof of the following described property: That part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West, Washington. County, Minnesota, described as follows: Beginning at the Northeast corner of the South 771.07 feet of said Northeast Quarter, as measured at a right angle to the South line of said Northeast Quarter; thence South 88 degrees 45 minutes 42 seconds West, assumed bearing, along said North line 1800.79 feet; thence North 55 degrees 42 minutes 48 seconds West 278.00 feet to the center line of Trunk Highway 5, as presently located and traveled; thence North 34 degrees 17 minutes 12 seconds East along said center line 1185.28 feet to the South line of the North 801.66 feet of said Northeast Quarter as measured at a right angle to the North line of said Northeast Quarter; thence North 89 degrees 54 minutes 56 seconds East along said South line 1383.19 feet to said East line of the Northeast Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 10 17.03 feet to the point of beginning, containing 41.20 acres, more or less. Subject to Trunk Highway 5 along the Northwesterly 78.00 feet thereof and subject to restrictions and easements of record. AND That part of the West Half of the Southwest Quarter of Section 5, that part of the Southeast Quarter of Section 6, that part of the Northeast Quarter of the Southwest Quarter of said Section 6, that part of the Southeast Quarter of the Northwest Quarter of said Section 6 and that part of the Northeast Quarter of said Section 6 all in Township 29 North, Range 20 West, Washington County, Minnesota, described as follows: Commencing at the Southeast corner of said West Half of the Southwest Quarter of Section 5; thence North 01 degree 48 minutes 09 seconds West, assumed bearing, along the East line of said West Half of the Southwest Quarter a distance of 1733.20 feet to the point of beginning; thence South 89 degrees 50 minutes 41 seconds West parallel with the South line of said West Half of the Southwest Quarter a distance of 1325.39 feet to the Westerly line of said West Half of the Southwest Quarter; thence South 88 degrees 54 minutes 15 seconds West parallel with the South line of said Section 5 a distance of 3332.47 feet to the center line of Old Trunk Highway 212 as located and traveled in 1923; thence North 33 degrees 26 minutes 30 seconds East along said center line 996.03 feet; thence North 34 degrees 17 minutes 12 seconds East along said center line 1 00.41 feet to the North line of said Northeast Quarter of the Southwest Quarter; thence South 88 degrees 45 minutes 42 seconds West along said North line 3.69 feet to the center line of Trunk Highway 5 as presently located and traveled; thence North 34 degrees 17 minutes 12 seconds East along said center line 609.44 feet to the North line of the South 496.00 feet of said Northeast Quarter; thence North 88 degrees 45 minutes 42 seconds East along said North line 2342.42 feet to the East line of said Northeast Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 496 feet, more or Tess, to the Northwest corner of said West Half of the Southwest Quarter; thence North 89 degrees 46 minutes 17 seconds East along the North line of said West Half of the Southwest Quarter a distance of 1324.32 feet to the Northeast corner of said West Half of the Southwest Quarter; thence South 01 degree 48 minutes 09 seconds East along said East line of the West Half of the Southwest Quarter a distance of 910.86 feet to the point of beginning. EXCEPT that part thereof being the tract described in Document No. 468927 recorded and on file in the office of the County Recorder, Washington County, Minnesota. Subject to Trunk Highway 5 along the Northwesterly line thereof. The total area of this parcel is 118.00 acres, more or less. Subject to restrictions and easements of record and subject to a drainage and ponding easement over that part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West, Washington County, Minnesota lying Easterly of the Easterly right of line Trunk Highway 5 described as follows: Commencing at the intersection of center line of said Trunk Highway 5, as presently traveled, and the South line of the North Half of said Section 6; thence North 34 degrees 17 minutes 12 seconds East, assumed bearing, along said center line 288.78 feet to the point of beginning; thence South 55 degrees 42 minutes 48 seconds East 85.00 feet thence South 11 degrees 42 minutes 48 seconds East 115.00 feet; thence South 84 degrees 42 minutes 48 seconds East 110.00 feet; thence North 00 degrees 21 minutes 42 seconds East 248.93 feet; thence North 55 degrees 42 minutes 48 seconds West 125.00 feet to said center line; thence South 34 degrees 17 minutes 12 seconds West along said center line 180.00 feet to the point of beginning, containing 0.71 acres, more or less. AND Outlot 'A' and Outlot 'B', Kern's Education Addition, as platted and on file and of record in the Office of the County Recorder of Washington County, Minnesota. O Q3 a., Nig ( i) 3SV8 '3NO3 h 33N3J NN1 Nid11#0 1J 9 (.0 - : •. . •: j:: w ,: It) 4 . f ) , . q v ) t . II:. : • • . • - . - 1 - . . , , •ate • • I ii:: S IS d06..*• j 1 : J O k% PI: . Z v (I) ' 1. I: =Z W Ii' w LL-1- U (W 1 : o01 j. I i :. I1 i : i : 0 m �. err •.� • • • 6 6. W Ird 8 p ok z • • • ►— EXHIBIT B _ . rC81 a6 �A ;-. V 3M 4(4 Y "cti / 49 ch co A (rtrrL. / 7 l a 1 fl•ry IY4 J -L. ► nr7 �I �ur7L7 VVtJIrr...1, V IL, laa 09 = Ipul 1 :31VOS 0 a Q) 0 c c 0 C.] to o 0 Q? 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G am ) a Q as .N L. > t_ Q) cno ,co 0 O _o 0 Q) ,w t7 a3 O .c v w v . .0 . 0 ►"" p c t o❑ 0 C 0 0 `+-'- ca r r v �t a 0 , � - cc › ,VcZo N v00a00— cn.c0:,ov`-ovvvO)000V0v 0, omEtfE0 E c 0c on ...0 0cc : 3 E u o, u 0 v v ,c rn 4n - o v� cn �ty�� .00000c0 a... a... .c .O .n... 0 ❑ < H 0 a v o Q) 4-+ -�-' E `C7 'n T3 -+-� `v "0 in o X3O 7E9 t > Q) U q ...... � � 0 -4 C L. { -4-.' CD r �i 4— CII:i 04 e a t — (k) CN rn 0 - I _ U7 00 to f; : cr) co ill4 in N t 0 �in 0 0 v � * L i 2 t ) c � � o M NI rn .g. 0 co E —' °° a � 1 ' 0 a Ilig B oa) to a 0 m 14 W Qi r C 4111) 0 0 0) CO Ili 0 Ig co Qin 2001 -226A +# nn -J ii u_ 0 11 s U 0 f2}' K 0 EASEMENT SKETCH T29, R.20, 5.6 � EXHIBIT C r -- S89 ° 43'29 "W PROPOSED STORM SEWER EASEMENT A 20.00 foot wide easement over, under and across port of the Southeast Quarter of Section 6, Township 29 North, Range 20 West, Washington County, Minnesota. The centerline of said easement is described as commencing at the northwest corner of Lot I, Block 1, BLACKWOOD 3RD ADDITION, according to the recorded plat thereof, Washington County, Minnesota; thence on an assumed bearing of South 89 degrees 43 minutes 29 seconds West, along the westerly extension of the north line of said Lot 1, a distance of 1206.21 feet; thence North 00 degrees 16 minutes 31 seconds West a distance of 412.16 feet to the point of beginning of the centerline to be described; thence North 23 degrees 39 minutes 34 seconds West a distance of 121.26 feet and sold centerline there terminating. We hereby certify that this sketch, plan or report was prepared by me or under my instruction and that I am a duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this 23rd day of May, 2002 SUNDE LAN SURVEYING,. LLC. By: Mark S. Hanson, R.L.S. Minn. Reg. No. 15480 1 4 1/ 1, f\ .4 - ► L• L.P1 t.., r7 1 1'1 1 A l r I vI V W EXTENSION OF THE N LINE OF LOT I NW CORNER OF LOT I , BLOCK I, BLACKWOOD 1206.21 - - -- _ _ 3RD ADDITION ti t ! rf r n 4) ►-� L .L.I- ti����rvvu S .Vt..l, r f n'r 4 L.411 r r, rr°► 4 A ► I7 UL,/ 1 / L!► V 1 1 Sunde Land Surveying, LLC. , 900 1 East Bloomin Freewoy (35W) e Suite 118 Bloomington, Minnesota 55420-3435 2001226A01.DWG DBP Business: 952-881-2455 • FAX: 952- 888 -9526