HomeMy WebLinkAboutPermanent Drainage/Access Easement/Agreement h,(�D jascw�-J1
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Doc No, 4944144
Certified, filedk.and/or recorded on
4/1'/12 11:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Acting Registrar of Titles
Mark V. Chapin,+County Auditor and Treasurer
Deputy 26 Pkg ID 792696M
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
1204145
This cover sheet is now a permanent part of the recorded document.
(reserved for recording information)
PERMANENT DRAINAGE/ACCESS EASEMENT
AND AGREEMENT
AGREEMENT made this day ofunT,2012, by Edwin C. Gage,III, as trustee
of the CHRISTINE C. GAGE 1998 IRREVOCABLE TRUST, hereinafter referred to as "Grantor",
and the CITY OF ORONO,a Minnesota municipal corporation,hereinafter referred to as"C!".
The parties hereby agree as follows:
1. The Grantor is the record fee Grantor of that certain parcel of land situated in the City of
Orono, County of Hennepin, State of Minnesota, legally described on the attached Exhibit "A" (the
"subject property").
2. In conjunction with the Stubbs Bay Ravine Project, being constructed by the City, the
Grantor hereby grants the City:
• a permanent easement for public drainage and utility purposes over, across, on, under, and through
the subject property as described on the attached Exhibit"B" and depicted on the attached Exhibit
"C", including the rights of the City, its contractors, agents, servants, and assigns,to enter upon the
easement premises at all reasonable times and upon at least three (3) business days notice to
Grantor, to construct, reconstruct, inspect, repair, and maintain said public drainage and utility
systems over, across, on,under, and through the easement premises,together with the right to grade,
level, fill, drain, and excavate the easement premises, and the further right to remove trees, bushes,
undergrowth, and other obstructions interfering with the location, construction, and maintenance of
said public drainage and utility systems. By accepting this easement for public drainage and utility
1 ORONO:Stubbs Bay Ravine Project
(Gage Trust Property at 420 Tonkawa Rd.)
,
purposes, the City acknowledges that it is entering the subject property described herein at its own
risk.
• a perpetual non-exclusive easement for driveway access purposes, over, across, on, and through the
subject property as described on the attached Exhibit"B" and depicted on the attached Exhibit"C"
at all reasonable times and upon at least three (3)business days notice to Grantor for the benefit and
use by the City, its officers, employees, contractors, agents, servants, and assigns, to enter upon the
subject property for the purpose of accessing, inspecting and maintaining the Stubbs Bay Ravine on
an ongoing basis. Such grant of access easement shall be perpetual, shall run with the subject
property and shall be binding upon the successors, heirs and assigns of the Grantor. By accepting
this driveway access easement, the City acknowledges that it is entering the subject property
described herein at its own risk.
3. The foregoing easements are granted and conditioned upon the City complying with the
following requirements:
• Grantor shall have the right to review and approve any and all tree removals.
• No traffic or parking will be allowed in the driveway area serving the subject
property.
• No staging areas, rock piles or lawn landscaping destruction will be allowed in the
driveway area serving the subject property.
• Any and all damage to the subject property caused by the City's exercise of the
easements contained herein shall be promptly repaired at the City's sole cost and expense.
4. It is understood and agreed by the parties hereto that the City is solely responsible for the
Stubbs Bay Ravine Project and all costs relating thereto, including costs for all ongoing inspection,
maintenance and repair of the Stubbs Bay ravine.
5. The above named Grantor, its successors, heirs, and assigns, does covenant with the City, its
successors and assigns,that it is well seized in fee title of the above described easement premises and it has
the sole right to grant and convey the easements to the City; that there are no unrecorded interests in the
easement premises; and that it will indemnify and hold the City harmless for any breach of the foregoing
covenants.
6. All notices, demands, statements and requests required or permitted to be given or served
under this Agreement shall be in writing and shall be deemed to be effective and to have been properly
given or served, whether received or not, on the third (3rd) business day after depositing the same in the
2 ORONO:Stubbs Bay Ravine Project
(Gage Trust Property at 420 Tonkawa Rd.)
United States mail, addressed to the other party, postage prepaid, registered or certified mail, return
receipt requested, with respect to the City, at the City offices and with respect to the Grantor, at the
addresses maintained by the Grantor on file with the office of the Hennepin County Assessor for
delivery of real estate tax statements relating to the subject property. Rejection or other refusal to
accept, or the inability to deliver because of a changed address of which no notice was given, shall be
deemed to be receipt of the notice, demand, statement or request. At such time as any Grantor transfers
the subject property, or any portion thereof, so as to create a new Grantor, each such new Grantor shall
send notice to the City of the name and address to which notice to that new Grantor shall be sent. Until
such time as a new Grantor sends such notice, the prior Grantor who made such transfer shall be deemed
to be the agent for such new Grantor for purposes of giving or service of notices.
7. The City agrees to indemnify Grantor and its successors and assigns against and from any
and all claims, damages, demands, costs and expenses, including without limitation, mechanics' liens
and reasonable attorneys' fees, arising from exercising the rights in paragraph 2 above or from any
breach or default on the part of City in performing its obligations under this Agreement. In the event any
action or proceeding is brought against Grantor by reason of any such claim, the City upon notice from
Grantor shall defend shall at the City's expense by counsel reasonably satisfactory to Grantor.
8. Except as expressly set forth herein to the contrary, the terms of this Agreement and all
easements granted hereunder shall be perpetual and shall constitute covenants running with the land and
shall inure to the benefit of and be binding upon the signatories hereto and their respective successors
and assigns.
9. Whenever required by the context of this Agreement, the singular shall include the plural,
and vice versa, and the masculine shall include the feminine and neuter genders, and vice versa.
10. This Agreement may be executed in counterparts, each of which shall be deemed an
3 ORONO:Stubbs Bay Ravine Project
(Gage Trust Property at 420 Tonkawa Rd.)
original, all of which shall constitute one complete document.
11. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the
subject property or portion thereof to the general public, or for any public use or purpose whatsoever.
Except as herein specifically provided, no right, privileges or immunities of the Grantor hereto shall
inure to the benefit of any third-party person, nor shall any third-party person be deemed to be a
beneficiary of any of the provisions contained herein.
12. This Agreement may be amended by, and only by, a written agreement signed by the then
current Grantor and the City and shall be effective only when recorded in the county and state where the
subject property is located. Unless specifically provided for in any instrument executed by the then
current Grantor and the City, no consent to the amendment of this Agreement shall ever be required of
any occupant or other Person other than the Grantor and the City, nor shall any Person other than the
Grantor and the City have any right to enforce any of the provisions hereof.
13. The captions preceding the text of each article and section herein are included only for
convenience and reference. Captions shall be disregarded in the construction and interpretation of this
Agreement. Capitalized terms are also selected only for convenience of reference and do not necessarily
have any connection to the meaning that might otherwise be attached to such term in a context outside of
this Agreement.
4 ORONO:Stubbs Bay Ravine Project
(Gage Trust Property at 420Tonkaw Rd.)
)
IN TESTIMONY WHEREOF, the parties hereto have signed this easement/agreement as of the
day and year first above written.
GRANTOR:
CHRISTINE C. GAGE
1998 IRREVOCABLE TRUST
BY:
t6A Edwin C. Gage, III,as tee of the
Christine C. Gage 1998 Irrevocable Trust
STATE OF MINNESOTA )
(ss.
COUNTY OF .� )
The foregoing instrument was acknowledged before me this day of , 2012,
by Edwin C. Gage, III,as trustee of the Christine C. Gage 1998 Irrevocable Trust,on behalf of the rust.
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IMC;HRRISTY
L ULBRICH NOTARY BLIC
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5 ORONO:Stubbs Bay Ravine Project
(Gage Trust Property at 420 Tonkawa Rd.)
CITY OF ORONO
BY: cel- -e • Its
Lili Tod McMillan,Mayor
AND
Linda S. Vee, City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this A(a day of�Amcj/L— , 2012,
by Lili Tod McMillan and by Linda S. Vee, respectively the Mayor and City Clerk of the City.of Orono, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
----------------
MONIEAA.SADNESS
NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC
My Commissar Bores Jan.31,200
1,2017
�:.jx. 7
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
13 80 Corporation Center Curve
Eagan,Minnesota 55121
Telephone: (612)452-5000
SMM:srn
6 ORONO:Stubbs Bay Ravine Project
(Gage Trust Property at 420 Tonkawa Rd.)
EXHIBIT "A"
TO
PERMANENT DRAINAGE/ACCESS EASEMENT
AND AGREEMENT
Property Description
The following described land situated in the County of Hennepin, State of Minnesota:
Par 1: Lot 1, Block 1, "Claremont Heights".
Par 2: Lots 8, 9, 10, 11, 12, 13;
The South 15 feet of Lot 14; and
The West 1/2 of that part of the vacated alley, lying Southerly of an extension across it of
the Northerly line of the South 30 feet of Lot 14;
All in Block 2, "Hillside Park".
Par 3: Tract A, Registered Land Survey No. 576, Hennepin County, Minnesota.
The South line of said Lot 1 being marked by judicial landmark at the Southwest corner of said Lot 1 and at
a point in the South line of said Lot 1, distant 557.96 feet East of the Southwest corner thereof, (as to land in
Par 1);
The North line of said Lot 13 being marked by judicial landmarks at the Northwest and the Northeast
corners of said Lot 13; (as to land in Par 2);
The East line of said Lot 13 being marked by judicial landmark at the point of intersection of said East line
and the Westerly extension of the North line of the South 30 feet of said Lot 14. The North line of the
South 30 feet of said Lot 14 being marked by a judicial landmark at a point in said North line, distant 191.8
feet East of the East line of said Lot 13 are established by the judicial landmarks (see Order Doc. No.
485552); (as to land in Par 2). j
[TORRENS PROPERTY—Certificate of Title No. 12041451
7 ORONO:Stubbs Bay Ravine Project
(Gage Trust Property at 420 Tonkawa Rd.)
EXHIBIT "B"
TO
PERMANENT DRAINAGE/ACCESS EASEMENT
AND AGREEMENT
Drainage, Utility and Driveway Access Easement Description
A permanent easement for public drainage, utility and driveway access purposes over, under, across and
through that portion of the subject property described in the foregoing Exhibit"A" legally described as
follows:
That part of Tract A, REGISTERED LAND SURVEY NO. 576, according to the recorded plat thereof,
Hennepin County, Minnesota described as follows:
Beginning at the southwest corner of said Tract A; thence North 74 degrees 50 minutes 00 seconds East,
assuming the west line of said Tract A bears South, a distance of 93.60 feet along the south line of said
Tract A; thence North 85 degrees 30 minutes 00 seconds East, along said south line 69.40 feet; thence
South 78 degrees 35 minutes 00 seconds East along said south line, 43.25 feet; thence South 81 degrees
06 minutes 00 seconds East along said south line, 38.25 feet; thence South 68 degrees 55 minutes 00
seconds East along said south line, 24.00 feet; North 68 degrees 11 minutes 00 seconds East along said
south line, 40.80 feet; thence North 24 degrees 00 minutes 00 seconds East along said south line,25.45
feet; thence North 55 degrees 42 minutes 00 seconds East along said south line, 54.80 feet; thence North
77 degrees 44 minutes 00 seconds East along said south line, 38.39 feet; thence North 69 degrees 15
minutes 38 seconds West, 6.59 feet; thence South 88 degrees 09 minutes 43 seconds West, 35.40 feet;
thence South 55 degrees 42 minutes 00 seconds West, 59.59 feet; thence South 24 degrees 00 minutes
00 seconds West, 24.23 feet; thence South 68 degrees 11 minutes 00 seconds West, 24.59 feet; thence
North 75 degrees 50 minutes 11 seconds West, 66.95 feet; thence North 68 degrees 09 minutes 44
seconds West, 44.83 feet; thence South 85 degrees 30 minutes 00 seconds West, 71.63 feet; thence
South 74 degrees 50 minutes 00 seconds West, 76.12 feet; thence South 89 degrees 59 minutes 57
seconds West, 15.16 feet to the west line of said Tract A; thence South 00 degrees 00 minutes 00
seconds West, along said west line of said Tract A, 14.47 feet to the point of beginning.
Said permanent drainage, utility and driveway access easement contains±4,521 square feet.
I
8 ORONO:Stubbs Bay Ravine Project
(Gage Trust Property at 420 Tonkawa Rd.)
EXHIBIT
TO
PERMANENT DRAINAGE/ACCESS EASEMENT
AND AGREEMENT
Location of Drainage,Utility and Driveway Access Easement
CITY OF ORONO
North line of
�r Tract A,RLS 576
y
� 588°09'43"W
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`Southwest comer of
Tract A,RLS 576
\ -LEGEND:
N I
Permanent Drainage
and Utility Easement
s®
Hatmnbl SW.In feet
PERMANENT DRAINAGE AND UTILITY EASEMENT
A permanent easement for drainage and utility purposes over,under,and across that part of Tract A,REGISTERED LAND SURVEY NO.576,
according to the recorded plat thereof,Hennepin County,Minnesota described as follows:
Beginning at the southwest corner of said Tract A;thence North 74 degrees 50 minutes 00 seconds East,assuming the west line of said
Tract A bears South,a distance of 93.60 feet along the south line of said Tract A;thence North 85 degrees 30 minutes DO seconds East,
along said south line 69.40 feet;thence South 78 degrees 35 minutes 00 seconds East along said south line,43.25 feet;thence South 81
degrees 06 minutes 00 seconds East along said south line,38.25 feet;thence South 68 degrees 55 minutes 00 seconds East along said
south line,24.00 feet;North 68 degrees 11 minutes 00 seconds East along said south line,40.80 feet;thence North 24 degrees 00 minutes
00 seconds East along said south line,25.45 feet;thence North 55 degrees 42 minutes 00 seconds East along said south One,54.80 feet;
thence North 77 degrees 44 minutes DO seconds East along said south line,38.39 feet thence North 69 degrees 15 minutes 38 seconds
West,6.59 feet;thence South 88 degrees 09 minutes 43 seconds West,35.40 feet;thence South 55 degrees 42 minutes 00 seconds West,
59.59 feet;thence South 24 degrees 00 minutes 00 seconds West,24.23 feet;thence South 68 degrees 11 minutes 00 seconds West,24.59
feet;thence North 75 degrees 50 minutes 11 seconds West,66.95 feet;thence North 68 degrees 09 minutes 44 seconds West,44.83 feet
thence South 85 degrees 30 minutes 00 seconds West,71.63 feet thence South 74 degrees 50 minutes DO seconds West,76.12 feet;
thence South 89 degrees 59 minutes 57 seconds West,15.16 feet to the west line of Bald Tract A;thence South 00 degrees 00 minutes 00
seconds West,along said west line of said Tract A,14.47 feet to the point of beginning.
Said permanent drainage and utility easement contains*4,521 square feet
#193800266 �
FILENAME 13911049V601.dwg PRo,.No. 139-11049 DRAWN DJR is,RvEY
I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION,OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION
AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR SL Paul O filo
UNDER THE LAWS OF THE STATE OF MINNESOTA. 02335 West Highway 36
PRINT NAME: DANIEL J.ROEBER St Paul,MN 55113
Phone:651-636-4600
SIGNATURE: ✓�' Fax:651-636.1311
DATE JANUARY 30,2012LIC.No. 43133
9 ORONO:Stubbs Bay Ravine Project
(Gage Trust Property at 420 Tonkawa Rd.)
II