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Home My WebLink Aboutassignment of lease/ ROW ISs1(� c�o 2�Q (o ��P��OF MINIyFsoT9 Minnesota Department of Natural Resources o � m w '9 U � 0 500 Lafayette Road �F`,y�, Q,`�`' St. Paul, �linnesota�515>-40_ �F NATURP� �t�,Y 3, 199� Fhi? ip ?n-i `!�rc !t�rnan-i�z • 3:n; (�Than�a t� LanP Fl��.,��th, `1�I i;!�47 nn�r [,f+ccnn; l�n� j,nato !?l�a-�i- ]Fi-��+ (:n�;. T...t ? c�.r, 2�- ) 1R-23 R•,��i ri?,ht-�f-h3v fi��n��i n Co��ntv Fnrl�cn.i fjr.i a rn�C f)f f}t^. =1h'�t'n �nc�.t"1.hP!j ��51.�f)mnflt". �'�p�ct? I�PnI� t}�1� � l�nQ �:i tli ►h� r��t nf t}1� :if:t �3�.h�� RSr :�; � T"�COr� Of }�tlr �9t�,o�..�nt s,•Lth t}to Ct3tP. jf �.•�! f11�'j' •^.�`C !7'IPS�:10?1S tiT1C(_' fC7 �^�` %lf. t�lP ?t�0�'E'. flC�!.LT"CC OJ' �'3�.1 f!1� �I'. f F121 ?_O�-f1�;q. Cinr_nrolc, Fatrici? D. Kar.�iakai T,nacq CI��c±TC1SOr �-�e-L�'ii✓`-'�/ ' _ L" V' - Re: F.l?ine .och T,naC1nQ Cnt:L'Rt.�T� Fr^_1.,c,�,-�� r-!-_ II n p i�•r� F. �7 i.i�1 i f s+ J P'.}.n.t T�j�•F,CtL^^ - {i 1 �'j� i fr` F'�n�nTi�l- Cfii��ifinl<j Pnvinn � Pn�1tC ('nnrr� j*�a! pl' f�or�nt��in (�n�int�* 1ii� itnr DNR Information: 612-296-6157, I-800-766-6000 • TTY: 61'-�96-5484, I-800-657-3929 An Equal Opportunity Employer I� Printed on Recccled Paper Cont�ining a Who Values Diversity �� iinimum of 10`�Post-Consumer Waste �• STATE OF MINNESOTA ' . Department of Natural Resources ASSIGNMENT OF LEASE #144-16-534 Frederick Stinchfield, as assignor, assigns and transfers all of the assignor's interest in Minnesota Department of Natural Resources Lease �144-16-534 effective April 1, 1991 and terminating March 31, 2001, to Philip George Hernandez and Mary Hedrix Hernandez as assignee, subject to approval by the Minnesota Department of Natural Resources. Assignee accepts all duties and obligations under the terms and conditions of said lease fo� the remainder of the lease period. AScir,!�pQ AJJiu��CC Frederi Stinchfie d - � Philip George Hernandez and j� , , ; ' • ' Mary Hed ix Her ndez � `� / l�.-•`� "��4 � BY: BY: '.�-4-c. rederick tinchfield Phil p Georq Hernande . gy: BY: ary edrix Hernandez ASSIGNMENT APPROVED: State of Minnesota Department of Natural Resources gy �• ! Date y� !�� ef y C. anson, Manager Program Operations Authorized Signature for Connnissioner Rodney W. Sando APPROVED AS TO FORM AND EXECUTION: ty v�� `'` l/ . Date ��Z�'l� Authorized Signature for Attorney General Hubert H. Humphrey, III ,yA-^�55Z-02 (�ART A) Lease Numoer �� :EPARTMEN? OF 144-16-534 p�9[n1��vl.a MISCELLANEOUS LEASE Field unit � N ATURAL aesouRc¢s Wildlife-Rec This lease, executeG in quadruplicate by and between the State of Minnesota, under the authority and subject to - provisions of M.S. 92.50, 89.17, 84.153 and other applicable statutes, acting by and through its Commissioner Natural Resources, hereinafter called LESSOR and; the LESSEE as named below. LESSEE " Frederick Stinchfield LESSEE ADDRESS (�Io. b Street, RFD, Box No., City, State, Zip Code) 25645 Sunnyvale Lane; ShorewoQd, P1N 55331 LEASE FEE FEE PAYMENT SCNEDULE �2�4.00 due upon execution and g234.�0 dU2 C See term 20A Flpril 1 , 1992 and each April 1 thereafter exce t as in term 2� TERM EFFECTIVE DATE TERMINATION DATE 10 years Rpril 1 , 199i I P9arch 31 , 2GOi _ P;;RPOSE OF LEAS� Road r�gh�-of-way STATUTORY AUTNORITY: (mark appropriate box) � M.S. 84.153 � M.S. 89.17 � M.S. 92.50 IT IS AGREED AS FOLLOWS: 1. PREMISES: The LESSOR in consideration of the terms, conditions and agreements contained herein, and the payrr of the LEASE FEE to be paid by the LESSEE, hereby leases to the LESSEE, subject at all times to sale, lease and for mineral or other purposes the following described premises to wit: That part of Lot 2 , Block 1 , Wolsfeld Lake Company Ad�ition , according to the plat of record, being a strip of land 20 fieet in width lying 10 feet on each side of the following described center line: Beginning at a point in the southerly line of said Lot 2 , distan� 28 feet easterly, as measured along said southerly line, from the southwest corner of said Lot 2; thence North 15 degrees 00 minutes 44 seconds East a distance of 32.20 feet; thence North 4 degrees 23 minutes 45 seconds East a distance of 38.2n feet; thence North 0 degrees 27 minutes 54 seconds West a distance of 137.50 feet; thence Northwesterly 70.78 feet, along a tangential curve to the left, having a radius of 60.00 feet, to the westerly line of said Lot 2 and there terminating. For purposes of this description, the westerly line of said Lot 2 is assumed to bear North 0 degrees 27 minutes 30 seconds West. The side lines of said raacf r.Taht-of-way are to be prolonged or shortened tc, terminate on the southerly ard westerly linns �f sa�d Lot 2 and herein referred to as the "Premises". parce1 1S dS dp 1^OXiR1dt 1 shown Ot1 the attached map wh1Cr� i s made a part gf thi s �e�se. TERM EFFECTIVE �� 2. TERMS: The terms LESSOR, LESSEE, LESSEE ADDRESS, LEASE FEE, FEE PAYMENT SCHEDULE, , TERMINATION DATE, PURPOSE OF LEASE and STATUTORY AUTHORITY, used herein shall be described above and are incorpor: herein. 3. LEASE PERIOD: This lease shall be in effect for the TERM, beginning on the EFFECTIVE OATE and ending on TERMINATION DATE, unless terminated earlier under provisions of this lease. 4. USE OF PREMISES: LESSEE shall use the Premises only for PURPOSE OF LEASE. 5. LEGAL OBLIGATIONS: This lease is not to be construed to relieve the LESSEE of any obligations imposed by �aw. 6. INCUMBRANCES: This lease is subject to all existing easements, right-of-ways, licenses, leases and o� incumbrances upon the Premises and LESSOR shall not be liable to LESSEE for any damages resu.lting from any ac� taken by a holder of an interest pursuant to the rights of that holder thereunder. 7. MAINTENANCE: The LESSEE shall maintain the Premises in good repair, keeping them safe and clean, removing refuses and debris that may accumulate. LESSEE shall comply with all laws affecting the Premises, including . ordinances and state regulations. No timber shall be cut, used, removed or destroyed by the LESSEE without f obtainino written permission from the LESSOR. _ _ _ . _ --., -, -;_ -_- -_ - - 3. TERM:NATION: This lease may be terminated at any time by mutual agreement. A lease entered pursuant tG Mi Stat. Sections 84.153, except those with employees of the Department of Natural Resources, or 89.11 may a� cancel at any time by LESSOR upon three months written notice. A lease entered pursuant to Minn. Stat. Section 92.50 may cancelled for just cause at �any time by LESSOR upon six months written notice. A lease to any employee of � Department of Natural Resources shall be on a month to month basis and may be cancelled at any time the employe- services may be terminated. LESSEE shall, on the TERMINATION DATE, or earlier as provided for in this lease, peacefully and quietly surren the Premises to the LESSOR in as good condition and repair as on the EFFECTIVE DATE. If the LESSEE fails to surren the Premises on the termination of this lease, the LESSOR may eject or remove the LESSEE from the Premises and LESSEE shall indemnify the LESSOR for all expenses incurred by the LESSOR. In addition, LESSEE shall remove LESSEE'S property from the Premises upon termination and any property remaining shall be considered abandoned shall be disposed of by the LESSOR according to law. If this lease is terminated prior to the TERMINATION OATE, LESSEE shall not be relieved of any obligation incurred prior to termination. 9. HOLDOVER: LESSEE shall pay to the LESSOR a sum equal to the monthly rent plus fifty (50) percent of the mont rent for each month that LESSEE holds the Premises after termination of this lease without authorization by LESS This sum shall be liquidated damages for the wrongful holding over. LESSEE acquires no additional rights by holc the Premises after termination ana shall be subject to legal action for removal. 10. LEASE PAYMENTS: The LESSEE shall pay to the Minnesota State Treasurer Chrough tne LESS�R the �EASE FEE, which due and payable according to the FEE PAYMENT SCHEDULE. The LESSOR may assess penalties and interest as provided by law or in this lease on any payments over thirty (30) days past due. 11. UTILITIES: LESSEE shall pay for all utilities furnished on the Premises for the term of this lease, incluc electric, gas, oil, water, sewer and telephone. 12. ALTERATIONS: The LESSEE shall make no changes, alterations nor improvements to the Premises or to any struc� thereon without the prior written consent of the LESSOR. Any changes, alterations or improvements in or to Premises shall be at the �ESSEE'S sole expense. � 13. NO WAIVER: No delay on the part of the LESSOR in enforcing any conditions in this lease, including terminat for violation of the terms of this lease, shall operate as a waiver of any of the rights of the LESSOR. 14. TAXES: The LESSEE shall pay, when due, all taxes assessed against or levied upon the Premises or upon fixtures, improvements, furnishings, equipment and other personal property of the IESSEE located on the Prem, during the TERM of this lease. 15. LIABILITY: This lease shall not be construed as imposing any liability on the LESSOR for injury or damage to person or property of the LESSEE or to any other persons or property, arising out of any use of the Premises, or ur any other easement, right-of-way, license, lease or other incumbrances now in effect. The LESSEE shall indemnify hold harmless the LESSOR from all claims arising out of the use of the Premises whether such claims are assertec civil action or otherwise. 16. NdTICES: Any notice given under this lease shali be in writing and served upon the other party eitner person or by depositing such notice in the United States mail with the proper first class postage and address. Service s• be effective upon depositing the notice in the United States mails. The proper mailing address for the purpose� serving notice on the LESSOR shall be to the Comnissioner, Department of Natural Resources, 500 Lafayette R�: St. Paul, Minnesota 55155-4037, and on the LESSEE it shall be as stated in the LESSEE'S ADDRESS. 17. TRANSFERS: This lease shall extend to, and bind the successors, heirs, legal representatives and assigns of LESSOR and LESSEE. In addition, the LESSEE shall not without LESSOR'S prior written consent: a) assign, con mortgage, pledge, encumber or otherwise transfer this lease or any interest under it; b) allow any transfer or lien upon the LESSEE'S interest by operation of law; c) sublet the Premises or any part thereof; d) permit the us occupancy of the Premises or any part thereof by anyone other than the LESSEE. 18. PUBLIC RECREATIONAL USE: The LESSEE agrees and understands that the public lands leased herein shall be ope public recreational uses, as defined by M.S. 87.021, not inconsistartt with the purposes of this lease. The LE shall not unreasonably refuse permission to any person to enter upon the lands leased hereirt for reasonable pu recreational uses without first obtaining the written permission of the LESSOR. If the LESSOR authorizes prohibition of any public recreational uses, the prohibition shall apply to all persons including the LES 19. CONSTRUCTION OF LEASE: If any clause or provision of this lease is or becomes illegal, invalid or unenforce because of present or future laws or any rule or regulation of any governmental body, the intentions of the LESSOR , ««� ti,�, ;� �ti,+ rhu romainln� oarts of this lease shall not be affected thereby. � - : �- �r:�*.tw.._. ..- .. .�� Y- -iA'fi'{r��" 7- - ..r5�+�-''z'� i _ , . -r.f:^ . . ._. . ; . '�+r��c ':.+ . . �.sr•. . �"•- . . 't ` b 9 -��,, . O�� ' �fr\�f� sro � -t o� '�' 'DY -s`�, 0 � '��``�/£'��>`, b�cy oo•s�.N�� r�� .3„y;��.��T � `�� ` ' - �� /D ' • 1 � ^� r� `� /L� !� ��i a� •�s�.�'c.4•N� , I �ooi ��i, _ �\ �� .�� O�%r�'r . gz gE ,f I o ., � c -� � i � �� 9Ss'�• ��'�-d'. I yl � • � y \\ `/r O` D, ,\ � � � � �.�� , ( n� !`1 i � � �� //i � �� . � � , �ir � � i ' � � . ; , � o ' ;`�I ,;.. ' � 1 "�\ � �,V , q i �► ��V1 I ', � i ' o ' �'O' ,� i I - a , �i � � � i , 3 I : ,�� ; Z � � , ; - ---- - `�i 7''� ;�- �oo� A � � � oo•a � �- _ J I . .. , - , ►;r � � , , ,\ , _ . . �� ' ; -- ..sY g o;,,'�� i . . ; � ,_ I j u ; ; y? i ' , �p� i `� �� j ' i10 �� - , �� i � � � � v N� ' �� . - � � . � ' � - - I � I I � I � I " � I � I i , " .OS=../��'7t�'Jr' I .� _.;_: �' .� � _ . . ; 1. i . ; • , � . � 1N�L✓�SY� a�9b'Nil�bY!��C1/'7/1n JlO�f � � -� -- -� �� i '---- 00'06/ —� . '�.•9/•BSe B9'S'- .' . ^. va-��0�b2-02 ;�aRT 3) ?�. ,��DITICYAL �c�M�: . ,�. ) Lessor may adjust� the annual rental effective �pril l , 19�6 based upon the Lessor's appraised value of the premises and the Lessor shall give the Lessee written notice of any such change. TESTIMONY �rIHEREOF, the parties have set their hands. STATE OF MINNESOTA OEPAR7MENT OF NATURAL RESOURCES �I��U�� `�.S�i�1Ufl COMMISSIONER Authorized Signature for the Co missioner Oate � � �z Zo son, e1 L ss (I dividu 's a or me f 'ty) Date �,�..�C, 9 `�/ thorized Signatur Title (if an Entity) Date Authorized Signature & Title (if an Entity) Date APPROVEO AS TO FORM AND EXECUTION HUBERT H. HUMPHREY. Ilt ATTORNEY GENERAL Oate Spe 'al sistant.Attor ey G neral Signature � , � 1 /z��' y,