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HomeMy WebLinkAboutPermanent Drainage/Access Easement/Agreement r„f.. Doc No T4943452 Certified, filed and/or reco d 4/9/12 12:00 P Office of the Regi r of Titles Hennepin Co , Minnesota Martin McCormick,, cting Registrar of Titles Mark V. Chapin unty Auditor and Treasurer Deputy 45 Pkg ID 792109M Doc Name:!Easement DocumeE eRecording Fee $46.00 Document Total $46.00 iJ Existing Certs New Certs 460916 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 of&kjq1Q1.J/ , 2012, by EDWIN C. GAGE and BARBARA C. GAGE, husband and wife, hereinafter referred to as "Grantors", and the CITY OF ORONO,a Minnesota municipal corporation("City"). 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 purposes, the City acknowledges that it is entering the subject property described herein at its own risk. 156978v02 1 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.) • 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 United States mail, addressed to the other party, postage prepaid, registered or certified mail, return 156978v02 2 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.) 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 original, all of which shall constitute one complete document. 156978v02 3 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.) i 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. SII 156978v02 4 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.) IN TESTIMONY WHEREOF, the parties hereto have signed this easement/agreement as of the day and year first above written. GRANTORS: Edwin C. Gage x 00, Barbara C. Gage STATE OF MINNESOTA ) (ss. COUNTY OF 4eji The foregoing instrument was acknowledged before me this day of f , 2012, by Edwin C. Gage and Barbara C. Gage, husband and wife,the Grantors. ]A A NOTARY PU IC CHRISTY L ULBRICH Notary Publio-Minnesota MY COM" n Expires Jan 31,2014 156978v02 5 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.) CITY OF ORONO BY: Jam•. • LJ 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 511 �- day of��— , 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. MONICAA.FADNESS RY PUBLIC-MINNESOTA NOTARY PUBLIC GWN�TA mmission Expires Jan.31.2017 DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan,Minnesota 55121 Telephone: (612)452-5000 SMM:srn 156978vO2 6 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.) I EXHIBIT "A" TO PERMANENT DRAINAGE/ACCESS EASEMENT AND AGREEMENT Property Description The following described land situated in the County of Hennepin, State of Minnesota: Tract A,Registered Land Survey No. 1305 Together with a perpetual non-exclusive easement and right-of-way for ingress and egress over Tract E of said Survey, as shown in deed Document No. 987204. [TORRENS PROPERTY—Certificate of Title No. 4609161 i 156978v02 7 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.) EXHIBIT TO "B" 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. 1305, according to the recorded plat thereof, Hennepin County, Minnesota described as follows: Beginning at the northwest 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 north line of said Tract A; thence North 85 degrees 30 minutes 00 seconds East, along said north line 69.40 feet; thence South 78 degrees 35 minutes 00 seconds East along said north line, 43.25 feet; thence South 81 degrees 06 minutes 00 seconds East along said north line, 38.25 feet; thence South 68 degrees 55 minutes 00 seconds East along said north line, 24.00 feet; thence North 68 degrees 11 minutes 00 seconds East along said north line, 40.80 feet; thence North 24 degrees 00 minutes 00 seconds East along said north line, 25.45 feet; thence North 55 degrees 42 minutes 00 seconds East along said north line, 54.80 feet; thence North 77 degrees 44 minutes 00 seconds East along said north line, 38.40 feet; thence South 69 degrees 15 minutes 41 seconds East, 34.15 feet; thence South 87 degree 35 minutes 15 seconds East, 59.78 feet; thence South 31 degrees 25 minutes 28 seconds East, 32.26 feet;thence South 59 degrees 50 minutes 13 seconds East, 44.43 feet; thence South 28 degrees 35 minutes 18 seconds East, 9.10 feet; thence South 12 degrees 38 minutes 18 seconds West, 30.35 feet; thence North 28 degrees 35 minutes j 18 seconds West, 26.33 feet; thence North 59 degrees 50 minutes 13 seconds West, 44.43 feet; thence North 31 degrees 25 minutes 28 seconds West, 26.65 feet; thence North 87 degrees 35 minutes 15 seconds West, 52.34 feet; thence North 69 degrees 15 minutes 41 seconds West, 39.98 feet; thence 88 degrees 09 minutes 40 seconds West, 25.58 feet; thence South 55 degrees 42 minutes 00 seconds West, 48.09 feet; thence South 24 degrees 00 minutes 00 seconds West, 26.67 feet; thence South 68 degrees 11 minutes 00 seconds West, 39.20 feet; thence North 75 degrees 50 minutes 11 seconds West, 71.64 feet; thence North 86 degrees 09 minutes 44 seconds West, 41.56 feet; thence South 85 degrees 30 minutes 00 seconds West, 68.30 feet; thence South 74 degrees 50 minutes 00 seconds West, 76.91 feet; thence South 89 degrees 59 minutes 57 seconds West, 17.82 feet to said west line of Tract A; thence North 00 degrees 00 minutes 00 seconds East along said west line, 5.53 feet to the point of beginning. Said permanent drainage, utility and driveway access easement contains±7,588 square feet. I 156978v02 8 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.) EXHIBIT "C" TO PERMANENT DRAINAGE/ACCESS EASEMENT AND AGREEMENT Location of Drainage,Utility and Driveway Access Easement CITY OF ORONO i �1e ha1= I ser•uWE ss.>e monh R cmma F'j rTba�R,,RL513es re.x Na5SB•pXsgn e 4� • �1- Ov 521341 Nes' mrms'ls�W� C e3W41s% N,s1��,y ses^soeaw ,c.i.N�s�a yep t'D'w a'�'` Lw w \ TRACT A 11011 1 1 w.cunsaTreaa fllr`\ ms1305 thM LEGEND: Permanent DmInage and Utility Eawment �® Ndhanbl SCO N leer i 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.1305, according to the recorded plat thereof,Hennepin County,Minnesota described as follows: Beginning at the northwest comer of said Tract A;thence North 74 degrees 50 minutes 00 seconds East,assuming the west One of said Tract A bears South,a distance of 93.60 feet along the north line of said Tract A;thence North 85 degrees 30 minutes 00 seconds East, along said north line 69.40 feet;thence South 78 degrees 35 minutes 00 seconds East along said north line,43.25 feet;thence South 81 degrees 06 minutes 06 seconds East along said north line,38.25 feet;thence South 68 degrees 55 minutes 00 seconds East along said north line,24.00 feet;thence North 68 degrees 11 minutes DO seconds East along said north line,40.80 feet;thence North 24 degrees DO minutes 00 seconds East along said north line,25.45 feet;thence North 55 degrees 42 minutes 00 seconds East along said north One,54A feet;thence North 77 degrees 44 minutes DD seconds East along said north line,38:40 feet thence South 69 degrees 15 minutes 41 seconds East,34,15 feet;thence South 87 degree 35 minutes 15 seconds East,59.78 feet;thence South 31 degrees 25 minutes 28 seconds East,32.26 feet;thence South 59 degrees 50 minutes 13 seconds East,44.43 feet thence South 28 degrees 35 minutes 18 seconds East, 9.10 feet;thence South 12 degrees 38 minutes 18 seconds West,30.35 feet;thence North 28 degrees 35 minutes 18 seconds West,26.33 feet;thence North 59 degrees 50 minutes 13 seconds West,44.43 feet;thence North 31 degrees 25 minutes 2B seconds West,26.65 feet; thence North 87 degrees 35 minutes 15 seconds West,52.34 feet,thence North 69 degrees 15 minutes 41 seconds West,39.98 feet; thence 88 degrees 09 minutes 40 seconds West,25.58 feet,thence South 55 degrees 42 minutes 00 seconds West,48.09 fleet thence South 24 degrees 00 minutes DO seconds West,26.67 feet;thence South 68 degrees 11 minutes 00 seconds West,39,20 feet;thence North 75 degrees 50 minutes 11 seconds West,71.64 feet;thence North 86 degrees 09 minutes 44 seconds West,41.56 feet thence South 85 degrees 30 minutes DO seconds West,68.30 feet thence South 74 degrees 50 minutes 00 seconds West,76.91 feet;thence South 89 degrees 59 minutes 57 seconds West,17.82 feet to said west line of Tract A;thence North 00 degrees 00 minutes 00 seconds East along said west line,5.53 feet to the point of beginning. Said permanent drainageand utility easement contains+7,588 Square feet #193800286 FILENAME 13911049V603.dwg 1PROJ.NO. 139'11049 DRAWN DJR SURVEY 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 ft9d oflfoe UNDER THE LAWS OF THE STATE OF MINNESOTA 2335 West Flighway 36 PRINT NAME DANIEL J.ROEBER St,Paul,MN 55113 Phone:651-636-4600 SIGNATURE: Fax:651-636-1311 DATE JANUARY 30,2012 uc.No. 43133 stmoc 156978v02 9 ORONO:Stubbs Bay Ravine Project SRN:04/01/2011 MPG:02/03/2012 (Edwin Gage Property at 460 Tonkawa Rd.)