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Home My WebLink About2007-02-06 Public Walkway & Bike Path Easement & Agreement (WC Doc #1174635) 1174635 Receipt#: 26164 • EAS $46.00 No Delinquent Taxes Certified Filed and/or recorded on: Exempt from Tax 2/06/2007 3:24 PM 1174635 Certificate#: 40498 Office of the Registrar of Titles Return to: Property Records&Taxpayer Services ECKBERG LAMMERS BRIGGS WOLFF&VIERL Washington County,MN 1809 NORTHWESTERN AVENUE SUITE 110 Kevin.1(orbid,County Recorder STILLWATER MN 55082 Return to: PUBLIC WALKWAY AND BIKE PATH Eckberg 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 f y day of ,,x/,•71,,,ti Le , 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-Four 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 By: Its Ce As TI4,i' 135 w By: Its ENTERED IN TRANSFER RFCORD WASHINGTON COUNTY, MINNESOTA e't- t e C 3 (a MOLLY F. O'ROURKE,AUDITOh-REASURER BY 0 GZ 1.1 DEPUTY 3 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this Jq day of Sef,k,,,iieo ,2006,before me, a Notary Public, within and for said County and State,personally appeared 2o,,� .Y,9,,,.- and ,to me personally known,who,being each by me duly sworn did say that they are respectively the (/,'e A s;,-/;-,,,,-; Trr,�5, 7,s 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 Directors -said - and acknowledged said instrument to be the free act and deed of said corporation. SCOTT D. JOHNSON :' '- Notary Public State of Minnesota �lre .� My Commission Expires ,r-�sc January 31, 2010 Nom' IN PRESEN . OF: PARTY OF THE SECOND PART: /// CITY • ,* . P•+' HEIGHT. . � y By. - _ �� _ 7Davi. t ea . :%/ It A ao -(7) 114. , : : f- Jo- son t• Ci• Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this `k day of / , 2006, before me, a Notary Public, in and for said County and State, appeared 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 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. C)A Notary ' blic 14- JULIE R.JOHNSON I'd: PUBLIC-MINNESOTA \, . "°.:: My Commission Wires Jan.31.2010 THIS INSTRUMENT DRAFTED BY: Mark J. Vierling ECKBERG, LAMMERS, BRIGGS, WOLFF &VIERLING, PLLP 1809 Northwestern Avenue Stillwater, Minnesota 55082 1 5 EXHIBIT "A" The West 300.00 feet of the East 1013.00 feet of the South 225.00 feet of the North 550.00 feet of the Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington County, Minnesota, as measured at a right angle to the east line and the north line of said Northeast Quarter of the Northeast Quarter 6 EXHIBIT "B" - NOVA SCOTIA AVENUE NORTH • m 501'52'14"E 55.91' --\ ,-..,:... _--fie 4O 1•w m In :i >:'<'':.' ''';'s4�'"3.,0`=,b�.80O,Z L.£l=O `■\ \ • O .':.yr.:9S9Sl ,00 94L-a 1 \ co ru C \� Z�I CD o C ° 7' ZOO ° I ° zT 0 3 0 o �co W (� * ° p 5'O (- cA -' r tn 7 O r ,5 Cr) CD " aa O 5- o ti) CD O Z ..-.- ', Q p , O 0 - K CD -I a'0 Z 0 ` r i r r i J N O a O Z I Is Cr)� i - O Q . ----1 Z 7 o S Do p 1 v rn p a +? ° ' '' ° Q U (n N En la in -c � Z : O O D O 0. O C , .i r, 'A" (D N rt O III 'n 0 S r -. ' N.t° 0 0 3 O N_ ! _ U ZO t , D _ N J D �° h -- (.+ O TT N o p Z S to N (D N s05Z I 7Ua o (0-6 O O O p .O-�N 0) p C7 r-.N oN ., 0 CD) O 0 0`; - 550.00' - 3 -� 30 N7 a o °sco wO tO '* O NO O cl)/-- East Line of the Northeast Quarter of 1 i I I 7 Northeast Quarter of Section 5, I / Township 29 North, Range 20 West I i �1 / _ li/ OAKGREEN AVENUE NORTH - U) 0 Q n U' Zm moo (nmm � o 3 a) o C� 0 �-o > -o r .70« M- c o (no 7- c (a ai o c o 3 c a) o -o Rl 5- +n 5 m w° o co m `° (nom m m (D vm) 5- m ,s -T, + -"' 3 2) 0 M 3• rn -h av o 00, m „ , 7 v Z (n `+ m A o oE o •n h � Z °- � ° rn m Cii O N -0 ° f0 d) 7 (f1 ry 0 to O > > O O ,7� `�•° co (A) W N 00.N N N 5 N O• (OD N N 00 S w (O/1 a S Ce m E .a a (n ((D O -Oa, 0" (D (A 7 0 a O 7 r s O j ' (O!1 _ O -0 W N Oo o_ '* -n O- 7 (D N O (D m z CD O p m rnO .. 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ATTORNEYS AT LAW Writer's Direct Dial: 1809 Northwestern Avenue, Suite 110 (651)351-2128 Stillwater, Minnesota 55082 (651)439-2878 Fax(651)439-2923 www.eckberglammers.com March 6, 2007 Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd. N. Oak Park Heights, MN 55082 Re: Xcel Energy Public Walkway and Bike Path Easement and Agreement Dear Eric: Enclosed herewith for your files please find the original recorded Public Walkway and Bike Path Easement and Agreement which has been recorded as Document No. 1174635 in the office of the Washington County Recorder. Y. •rs very truly, _ 10 andy .- Assistant to Mark J. Vierling /sdb Enclosure cL,,i0crf L 5c ai'ci'() (f uo. L.auie_5 ti ECKBERG, LAMMERS, BRIGGS, WOLFF &t VIERLING, PLLP e, UN& Scuba Arc.) 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