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Home My WebLink AboutRe: Glass II Title registration/sidewalk easement 3 3 � � S l�vnx��,� ` ' HINSHAW & CULBERTSON �i� )�� PIPER IAFFRAY TOWER BELLEVILLE,ILLINOIS SUITE 3200 FT.LAUDERDALE,FLORIDA BLOOMINGTON,ILLINOIS 222 SOUTH NINTH STREET IACKSONVILLE,FLORIDA CHAMPAIGN,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 M(AMI,FLORIDA CHICAGO,iLLINOIS TAMPA,FLORIDA ]OWET,ILLINOIS fi123333434 MUNSTER,INDIANA LISLE,ILLINOIS ST.LOUIS,MISSOURI PEORIA,(LLINOIS APPLETON,WISCONSIN ROCKFORD,ILLINOIS BROOKFIELD,WISCONSIN SPRINGFIELD,ILLINOIS TELEFAX:612334.RR8R LAKE GENEVA,WISCONSIN MILWAUKEE,WISCONSIN WAUKEGAN,ILLINOIS January 7, 1998 WRTTER'S DIRECT DIAL NO. (� � ,C� (612)295-0660 1�-P��`(`�l �('' — � �� V 754641 YC�:�.a��..:al�s�� Greg Gappa City of Orono ,yQN Q $ �c�t�� 2750 Kelley Parkway Crystal Bay, MN 55323 �:".�"a�� FLL ::�;=;c::.:,.�� Re: Glass II Title Registration Sidewalk Easement Dear Greg: Enclosed please find the recorded Easement Agreement which was signed by Glass II Partners in favor of the City of Orono. This agreement was recorded November 18, 1997, as Document No. 6811756. I have also enclosed a notice and acknowledgement of service by mail relating to this registration action. Please have it signed and sealed on behalf of the City and return it to me for delivery to Bill Koenig, attorney for Glass II. Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, � � Nancy L. Chadwick Legal Assistant Enclosure cc: Christopher A. Lidstad, Esq. 267/22151719 U�l9H A PARTNERSHIP INCLUDING PAOFESSIONAL CORP02ATIONS c • `� NOTICE TO: City of Orono, 2750 Relley Parkway, Orono, Minnesota 55323. The enclosed Land Title Summons is served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgement part of this form and return one copy of the completed form to the sender within 20 days. Signinq this Acknowledgement of Receipt is only an admission that you have received the Land Title summons and does not waive any other defenses. You must sign and date the acknowledgement. If you are served on behalf of a corporation, unincorporated association (including a partnership) , or other entity, you must indicate under your signature your relationship to the entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return the form to the sender within 20 days, you (or the party on whose behalf you are beinq served) may be required to pay any expenses incurred in serving a Summons in any other manner permitted by law. COIIRT RIILES I declare under penalty of perjury, that this Notice and Acknowled ement of Receipt of the Land Title Summons was mailed on /�/9�' . . Dated: _��9� yc�. rl�� ACRNOWLEDGEMENT OF CEIPT OF LAND TITLE S ON3 I declare, under penalty of perjury, that I received a copy ✓ of the Land Title Summons regardi:�g the matter set forth therein, at 2750 Kelley Parkway, Orono, Minnesota 55323 � /� Dated: �Gn � �� "t �ig By: ti Printed Name: � � Title: f ! (7�F L(G 1��5 Its authorized agent C 1 � �l �J� On./I�t� �aln r C iG'h- U�pviRL 1 C 5 Ehv� c. �S Relationship to Entity/Authority to Receive Service of Process K e� . � �,�11'�� , _ � _ �3 �o S �an.� l►,�� EASEMENT AGREEMENT �� '� � THIS AGREEMENT, made this� day of C��t�,� , 1997, between Glass II Partners, a Minnesota general partnership, ("Owner"), and the City of Orono, a Minnesota municipal corporation ("City"). ��X�Ct ' RECITALS: A. Owner is the holder of a fee simple interest in property located in Hennepin County, Minnesota, which is legally described as: That part of Lot Five (5), Block Three (3), Townsite of Langdon Park, Hennepin County, Minnesota, described as follows: Commencing at the Southwest corner of said Lot Five (5), Block Three (3), Townsite of Langdon Park, thence easterly along the Southerly line of said Lot Five (5) a distance of 112.0 feet; thence Northerly at an angle of 89.10 degrees a distance of 100 feet; thence Westerly at an angle of 90.50 degrees a distance of 112.0 feet, more or less, to the Westerly line of said Lot Five (5); thence Southerly along said Westerly line of said Lot Five (5) 100 feet to the point of beginning, all according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County of Hennepin and State of Minnesota, ("Property"). B. The Owner has made application to the Hennepin County District Court, as evidenced in Hennepin County District Court File No. 20130, to register fee title to the Property. C. The City has maintained a sidewalk over a porti�n of the Property and received notice of the pending Title Registration Proceeding described above. D. The City desires certain easements for the purposes hereafter set forth, and Owner has agreed to grant such easements upon the terms and conditions contained herein. E. The City and Owner desire to avoid the cost and delay associated with the City asserting a claim in the pending Title Registration Proceeding. NOW, THEREFORE, in consideration of the foregoing recitals and and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: TRANSF�ER ENTERED ME'MNEPIN COUNTY TAXPAYER SERVIC�6 �tC1 38 �' � �tmnw. �� r�t � . i l� � �I � ♦ AGREEMENTS 1. Grant of Easements. Owner hereby grants to the City for the benefit of the public, a permanent, nonexclusive easement over, across and upon that portion of the Property legally described as: Lying north of a line drawn from a point on the West line of said property, distant 42.54 feet northerly of the South line of the Southeast 1/4 of Section 17, Township 117, Range 23, to a point on the East line of said property distant 42.82 feet northerly of the South line of said Southeast 1/4 and southerly of a line drawn para11e1 with and 47 feet northerly of said South line. (the "Easement Area") for the purposes of constructing, reconstructing, maintaining, repairing and use of a public sidewalk and a11 appurtenances thereto (hereinafter referred to as "Public Improvement"). 2. Maintenance. The City sha11 maintain the Easement Area in accordance with the applicable standards for the maintenance of such public amenities. 3. Owner's Covenants. Owner covenants and agrees that: a. The Easement Area shall not be encroached upon by fill, excavation, paving or concrete, erection of buildings or permanent enclosures, fences or walls, or other obstructions by Owner which would interfere with, or which would otherwise obstruct access to the Public Improvement in any manner by Owner or the public. Such obstructions shall specifically include any and all obstructions over, on or under public sidewalk which are prohibited pursuant to the terms of the City Ordinances of the City of Orono. b. Owner has the lawful right and authority, without restriction, to convey the easements as herein granted, that the Easement Area is not subject to any other interest other tha.*:the interests �f Qwner, ar.d that the Easement A.rea is embraced vrrholly within the Property. 4. Binding Effect. The terms, provisions and easements provided herein shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Owner. The covenants, a�reements and easements contained herein shall be deemed to run with, burden and benefit the Property. 5. Termination of Easements. In the event that use of the Easement Area is at anytime discontinued by the City, the City sha11 have the right, but not the duty, to enter further upon the Easement Area and remove all or any portion of the Public Improvement which has been placed upon, over or under the Easement Area. 2 .Z ,� �� ,� , . . � , � r 4 �r.. IN-�VITI�ESS WHEREOF, this Agreement has been executed as of the day and year first above written, dubject to all of the terms and conditions herein set forth. CITY OF O�ONO OWNER By.' � GLASS II PARTNERS S; ts yor � And By � i/�'c • By �, l ts City Cler Its� ' '�"$�., � STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPiN ) The foregoing instrument was acknowledged before me this�day of d��-Y, , 1997, by Gabriel Jabbour and Dorothy M. Hallin, the Mayor and City Clerk, respectively of the City of Orono, a Minnesota municipal corporation, who executed this Agreement and acknowledged that they executed the same on behalf of the City of Orono. C�( .,cJCx. � Notary Publ' � '"'• GREGORYA.GAPPA STATE OF MINNESOTA " �V"� r` � ) C�,. � ;.. '! ; NOTARY PUBLIGMINNESOTA �, .�� .• HENNEPIN COUNTY ) ss ; " � My Commission Expires dan.31.2000 COLJNTY OF HENNEPIN ) ` �-��..- . -� �.;-�� The foregoing instrument was acknowledged before before me this'1��.day of _�+o��_. 1997, by James D. rlacKinn�n __�___ __ __, the general partner�of Glass II Partners, a general partnership under the laws of Minnesota, on behalf of the general partnership. otary Public This Instrument was Drafted By: �:aF nw �ILYN BERENS � *'�' NOTJ1RIf Pl�l�'i-MRBrE50TA Hinshaw&Culbertson `� �N pp�y 3200 Piper Jaffray Tower � �'�� '• WCoeaiia+E�aJn3t,2000 222 South Ninth Street Minneapolis,MN 55402 (612)333-3434 3 .�� 5� .:. p t,. ;� � ,, -� :,.r : �. � �� '�Nflta9'f 3 ��: A��11?S� �f�n :�Y ;,. " ' � - t 3Nt]�U9'1?��L �trS11?��+ C�tl�` #1 t, ;.,�:� � �� <�; �s� � . 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