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HomeMy WebLinkAboutGrant of Permanent Easement for Public Drainage and Utility Purposes Nab( ad 01 a.uivou-of (reserved for recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINAGE AND UTILITY PURPOSES TIMOTHY J. HADDEN and JULIANN M. HADDEN f/k/a JULIANN M. JOHNSON, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF ORONO, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over, across, on, under, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached sketch. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times 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. 149952v01 J SRN:02/02/2010 The above named Grantors, for themselves, their successors, heirs, and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this day of , 2010. GRANTORS: TIMOTHY J. HADDEN JULIANN M. HADDEN f/k/a JULIANN M. JOHNSON STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2010, by Timothy J. Hadden and Juliann M. Hadden f/k/a Juliann M. Johnson, husband and wife, Grantors. NOTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651)452-5000 SMM/srn 149952v01 2 SRN:02/02/2010 EXHIBIT "A" to GRANT OF PERMANENT EASEMENT EASEMENT DESCRIPTIONS A 10.00 foot easement fur drainage and 1141,ity puupos s ov_r, undrr, and across the foD owing descr ,_,.1 Property: That t•<:i rt of Lot 22 -nd 23, PHEAS.ANT RIDGE, according to the record-•! plat at,ereof, Hennepin County, Mlinnes,•.t ,, lying northerly ui a straight line drawn from a int in the southeasterly line of said Lot 22 distant 27.00 feet southw: -telly of, measur=41 along said south-;stsrly pine of said Lot 22 from the northeasterly corner said Lot 22, said hereinafter referr,It to as Point W% W,to a t•*int in the northwesterly line . said Lot 23, distant 30.00 feet northeasterly of, measured along said n•rthwesterly line of said Lot 23 from to ie most westerly corner of said Lot 23, said line hereinafter referr=.! to as Line waw The centerline of said 10.00 foot drain,11;e and utility r,,ement is described as follows: Commencing at said Point wryw; thence No, 57 d_lrses 45 minut •,r, seconds West, assum,-,,•t bearing along =:id Line°°AW, a distance •�f 51.73 feet; tai Renee No, 32 d trees 14 minutes . seconds East, 5.00 feet to t' e t••Int . beginning of t!•e centerline to be described; t'i!ence No,u 57 d ,trees 45 minutes •n., seconds West, 58.* l feet; N.rth 49 degrees 33 minutes 13 seconds West, 37.27 feet; thence Nor1127 d,.!rel-s 13 minutes 30 seconds West, 25.16 feet;thence North 13 degrees 01 minutes 53 seconds West, 29.91 feet; to en s,:: North 05 d ttrees 23 minutes 17 seconds West, 24.78 feet and -+id centerline ii ere terminating. Tit nether with , 30.00 foot easement for drainage and utility purposes over, under, and across the first above described properly,the centerline •` said easement is described as follows: Beginning at 'at lole terminus of the above describ,= centerline; talence continuing North 05 d,-trees 23 minutes 17 secon.k West, 2.72 feet; at pence North 00 d-:•cress 58 minutes t•t. seconds East, 23.59 feet; thence North 10 degrees 22 minutes 39 seconds East, 22.08 feet and said centerline there terminating. Tui;- ler with a 10.00 foot easement for drainage and WV purposes over, under, and across the first above describ-•i t.resperty, the centerline of said easement is describ •! as follows: Beginning at the terminus ,•„the above descrit., ', centerline; tit fence continuing N•rth 10 d.uress 22 minutes 39 seconds East, 20.45 feet;thence No NI 12 degrees 09 minutes 51 seconds West, 9.46 feet; thence No til, 29 Vega es 42 minutes 07 seconds West, 8.53 feet to t;'.a northeasterly line of said Lot 23 and said a interline t t iers terminating. The sidelin,: .(last dt:scribed 10.00 foot easement are to be prolong,-u•t or shortE_ned to terminate at the northeasterly line s t said Lot 23. Said drain.-ge and tality easement contains±3, ::;1 square feet. 149952v01 3 SRN:02/02/2010 CITY OF ORONO RO�'3 S�e�\y 1,Y nila. 6 1,locerol PNS�p,VBk 1,129429 4w 5. i -t; ` 'YFgof.°St6� I P '2.--,•--s, \ ,P Zof y \ r \0,223 "� 'tT 23 Ani N v" yrin_ n '''4V220, 8 Niti, 00 i. eN i N70� c.:r -50. E t..`-1^ \I 235 i 15 15;. 2 v tf06 �9 °St � p"Sa g 24 1 a i Py£er of tem/y ���e 4 N1, �� �- /� Np5�2317 �s'In gS1Nl �qt 23 \� �9' �y.5� ,, z °� N c_ � �g ,6 �E �" OWNER: T J HADDEN & J M JOHNSON PID: 21-117-23-23-0023 Drainage and Utility Easement , 'a, 6)" `66160 . ,,,!4 A 10.00 foot easement for drainage and utility purposes over,under,and across the followig described property: 'O1 1 IP O-�� i�o That part of Lot 22 and 23,PHEASANT RIDGE,according to the recorded plat thereof,Hemepin County,Minnesota, '�\ ��ti y../� lying northerly of a straight line drawn from a point in the southeasterly line of said Lot 22 distant 27.00 feet ,go southwesterly of,measured along said southeasterly line of said Lot 22 from the northeasterly corner of said Lot 22, ',O, E'(.1- said point hereinafter referred to as Point"A",to a point in the norttrvresGay fine of said Lot 23,distant 30.00 feet 2°cf 4' northeasterly of,measured along said northwesterly line of said Lot 23 from the most westerly corner of said Lot 23, Pi , ct said line hereinafter referred to as Line"A". N6�41.> `�' \�/ 60 \ The centerline of said 10.00 foot drainage and utility easement is described as follows: AD�'it e 1 w \1 Commenting at said Point"A";thence North 57 degrees 45 minutes 04 seconds West,assumed bearing along said 4*.-i' I Line"A",a distance of 51.73 feet;thence North 32 degrees 14 minutes 56 seconds East,5.00 feet to the point of degrees beginning of the centerline to be described;thence North 57 45 minutes 04 seconds West,58.04 feet;North I N Q 49 degrees 33 minutes 13 seconds West,37.27 feet;thence North 27 degrees 13 minutes 30 seconds West,25.16 I_n A\A/n r r i s y o , feet;thence North 13 degrees 01 minutes 53 seconds West,29.91 feet;thence North 05 degrees 23 minutes 17 rev-J2 seconds West,24.78 feet and said centerline there terminating. o•�� Together with a 30.00 foot easement for drainage and utility �o�2� a9 purposes over,under,and across the first above Q described property,the centerline of said easement is described as follows: Beginning at the terminus of the above described centerline;thence continuing North 05 degrees 23 minutes 17 0 50 100 seconds West,2.72 feet;thence North 00 degrees 58 minutes 06 seconds East„23.59 feet;thence North 10 degrees 22 minutes 39 seconds East,22.08 feet and said cerngfne there terminating. Hcrizontd Seale In Feet Together with a 10.00 foot easement for drainage and utility purposes over,under,and across the frst above described property,the centerline of said easement is described as follows: Beginning at the terminus of the above described centerline;thence continuing North 10 degrees 22 minutes 39 seconds East,20.45 feet;thence North 12 degrees 09 minutes 51 seconds West,9.46 feet thence North 29 degrees LEGEND: 42 minutes 07 seconds West,8.53 feet to the northeasterly line of said Lot 23 and said centerline there terminating. The sidelines of last described 10.00 foot easement are to be prolonged or shortened to terminate at the northeasterly line of said Lot 23. Drainage and Utility Easement Said drainage and utility easement contains+3,581 square feet. No field work was completed for this description & sketch. FILE NAME 13910000V601-HADDEN.dwg'PRo3. NO. 13910000 'DRAWN djr 'SURVEY I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION amu'Office AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. 2335 West Highway 36 PRINT NAME: DANIEL J. ROEBER St. Paul, MN 55113 �. Phone: 651-636-4600 / , - Bonestroo : 651-636-1311 SIGNATURE: www.bonestrloo.00m DATE 01/20/2010 c. NO. 43133 CONSENT TO EASEMENT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation, which holds a mortgage on all or part of the property more particularly described in the foregoing/attached Grant of Permanent Easement, which mortgage was recorded on August 2, 2006 as Document No. 4289314 with the office of the County Registrar of Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing/attached Grant of Permanent Easement. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. BY: Its AND Its STATE OF MINNESOTA ) (ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2010, by and by the and of Mortgage Electronic Registration Systems, Inc., a Delaware corporation, on behalf of said corporation. NOTARY PUBLIC DRAFTED BY: CAMPBELL,KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651)452-5000 SMM:srn 149952v01 4 SRN:02/02/2010 LEGAL DESCRIPTION As—Built first floor elev.=946.3 That pat of Lots 22 and 23,•Pf9"ASANT LAWN'lying methey of a shdght be drawn from a point in the southeasterly Bre of said Lot 22,&staid 27 feet southwesterly of,measured deg and southeasterly ire at said Lot 22 from the northeasterly coma of said lot 22 to a paint in the northwester ire at Lot 23, I1ffftSMMT LAW,tetont 30 feet northeasterly of,measured along said northwester ire of said Int 23 from the most este),soar of said Lot 23. Edge or Bituminous HENNEPIN COUNTY ROAD NO. 19 (SHADYWOOD ROAD) \\ Sump Catch Basin Rim=946.64 Il Inv.E.'.944.40 _ Sumps939.67(6.0 feet debris filled) 20 0 20 40 — _ Poii d Bening line A' Rim-944.35 in MI =MM. — /-- Inc.E..935,66 . Ili II M MOM= \ re 0(udot % 0\e�q� L=126.70 R=1785.00 Eanuno Son.MIL Edge of Bituminous 114 00 Scale t =20' s��p\�R,43�S �, • \ .�ro�>B P o ver ———t ,.tae———>——>— CurbvStop v.,.v. .• \ 2.0 6I \ — ���,.`s�_ '\ \ _,�T- 9 \%a`b\ —Pond d Began'tne B' JR ,:. \a0.'4r\ Bel ♦ �� \ �' \ I \ — y ) t' CO . ♦ Bituminous \ 4f ` \ Driveway %,{/ /�• ° o , Ung Q- - 0.-P\ -\Pont el Beene lie C "+J 'N.'4**1 Millpr �� '-=';;;,, (938D!Nl!) \'CC' \ sed //q%/ o • C Of L.l...• T ii \\\•\ \ \ 929.4 929. °t4 �r \\ / ` I l / 0yy ♦ e \ , ifir-\ - � Iato 'p.' �ta \ ?i ��� / N /�7."--Z----;;;:r":ar_. �� 1 4....-,, //''$ ` �`� 2E/6�. bVa> 77.05 __'__ ' —E —Q fll' lro f RR4Fo S SQ46' Pk. \c—'l. � _ — / \ ^�/ __ —————— _fo hat or.'one r9^�Eneenenf W�ao0 No.Mee 6399— ———— • X N� 1 — 264.86 'r _ ��NkA La _--- �"d � 366.69 / -Pc: O A d romosonenat ',— / /17 fir? /tz /" C.v/ / / lie A'is darted es=minting eta pod m the na0nnter Fred odd Lot 23,feted 30.00 Net northeasterly of,as me>rred Barg odd relmesterer be of sail / / Bauge ad Uhl/tome-2655 Slydyeood Band Let 23,Ian the most rater=nit of said Pot 2$these etheetey,74.76 ted dung said northeestey Lie,said ire beg a are,mama b the southeast hodng o roars of 48534 fed,a coed age el 8 degem 49 minute 32 seconds,a deed&etas of 74.69 fat and an ammed dad being d Muth 70 dryer 54 mietes M rimed fa&rarity ad uhSty puposa req ude and guar tle pmpedy dmbd a blas 69 oboes East Uma=beg dreg odd nalhaday he,North 75 degrees 21 mute 18 seeds Ecol,tar d to tet des shed are,7430 feet Mea=Wag/ okg to nxttneesterer and mr ey feed said Id 23,a Mae 3610 fed dog o awn-IagnOd arse,canoe to Be mdse&berg a naw at 4173 fed e Bede mgr d 41 degrees 10 mina 27 same,a dad dstmce d 3510 feet ad a dad baby d South 72 deem 09 mortes 32 woes East,to Be paid d a: 30 l pal of Ids 22 ad 23,7fFdeg said wrig t mesa/b a a eight be Ban he a paid n the sadhadey ie d said let 22,data&Zl fol sadtaeder d, bey d Be center ie b be deabut Baa South 22 degas 18 minutes 19 seconds Ed 8.40 fed;Bence Seth 5 degrtes 11 minute 30 seconds Eat 9.46 fat nemaed along aid at,nedey be el sdd let 22 Econ the northeasterly coma et said Lot 22 to a pod's the northwesterly feed let 23, 'MONT UMe',delcel 30 led ietheder d,awmed day said natlndey be d add thence South 17 degrees 21 minutes 00 seaside best 2045 fat ad said lie A'there terminating. I Id 23 horn the host watery omit of said tet 21 'Line B'to dented as tapering at the Menus d said line A•;Frame Sae 17 degas 21 mina 00 sands Bat 2208 feet Mac Sae 7 degrees 40 minutes Said scourer hang 10.00 feel n with hang a mdeie hereinafter dented as tine A'. 13 seeds'Mat 24.64 feel and odd line B'Bea leafing. y` Together eh an easement 3600 feet in width hang a cenleie hereiefer deeded es lie B'. lie C'n dmbed as begriming d the teniae of mid lire it;thence South 1 degree 35 misda 04 smalls let 2646 feet thence South 6 degas 03 mutes 32 aaads lot 3.91 feet Boa Sore 20 degrees 15 nines 69 read lest 25.16 fat thence Sae 6 degrees 03 redo 32 womb Ere 29.91 feet Bene Sae 42 Together eBe en ascot 1800 feet in width hong a=deie herebefe demented as lie C. degree 34 mutes 53 seconds let 31.05 fat Boa See 6 degas 03 metes 32 secede lel 2991 feet theca Sod 50 degree 46 mete 44 seconds lest 55 fat mere a Less,is the share Be of Ida lieddta,c d there temixfng file so. PREPARED FOR: DEMARS-CABRISL 1,,,•'=",,16::::,,,t7,,,=1,77,ted' Lona 13431c0u ean srrn9Brone INC. "- ^., '° , ,,�° TIMOTHY & JULIANN HADDEN L 3030 Harbor Lane No. f' '4Bg°° Drainage & Utility Exhibit 2655 SHADYWOOD ROAD Plymouth,MN 55447 An,M E Cloak Phano(763)559-0908 sods ORONO, MN 55331 For (763)559-0479Fearua17 11,2011 inn lop.no._ ore. /