HomeMy WebLinkAboutAcess Easement Agreement Doc No T4780829
Certified, filed and/or recorded on
8/20/10 12:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Jill L. Alverson, County Auditor and Treasurer
Deputy 26 Pkg ID 648932
Doc Name: Easement
Document Recording Fee $46.00
Document Total $46.00
Existing Certs New Certs
186429
This cover sheet is now a permanent part of the recorded document.
ACCESS EASEMENT AGREEMENT
THIS AGREEMENT, made this 15 day of 1 U-It.2--- , 2010, between
RICHARD MARTIN FRANZEL a/k/a R.M. FRANZEL and DOROTHEA HOLM
FRANZEL,husband and wife, hereinafter referred to as "Owners"; and the CITY OF ORONO, a
municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as
the "City."
RECITALS
A. Owners are the holder in fee simple interest in property located in Hennepin County,
Minnesota,which is legally described in Exhibit A hereto(the"Property").
B. The City desires an easement for the purpose hereafter set forth, and the Owners
have agreed to grant such easement upon the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is
hereby agreed:
1. Grant of Easement. Owners do hereby grant unto the City, its successors and
assigns, forever, a permanent easement for public access purposes over, across, on and through that
portion of the Property as legally described on the attached Exhibit B (the "Easement Area") and
.a
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depicted on the attached Easement Survey Sketch. Including the rights of the City, its contractors,
agents, servants, and assigns, to enter upon the Easement Area at all reasonable times for the
purposes of maintaining, repairing and use of the Easement Area, together with the right to remove
trees, bushes, undergrowth and other obstructions interfering with the location and maintenance of
the Easement Area.
2. Crack Sealing. In additional consideration of the Owners granting of the foregoing
access Easement Area to the City, the City agrees to perform crack sealing, at its own expense,
within the Easement Area as scheduled in the City's Street CIP.
3. Maintenance. The City shall maintain the Easement Area at its own expense. Said
maintenance obligation shall include, without limitation, keeping the same in good and safe
condition for the purpose granted herein and reasonably free and clear of foreign objects, debris and
obstructions.
4. Owners' Covenants. Owners covenant and agree as follows:
a. That 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 Owners which would interfere with, or which would otherwise obstruct
access to the Easement Area in any manner.
b. That the Owners have the lawful right and authority, without any restriction,
to convey the Easement Area as herein granted and that there are no unrecorded interests in
the Easement Area.
C. The Owners will indemnify and hold the City harmless for any breach of the
foregoing covenants.
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5. Binding Effect. The terms, provisions and easement provided herein shall inure to
the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the
Owners. The covenants, agreements and easement contained herein shall be deemed to run with,
burden and benefit the Property.
6. Termination of Easement. In the event that the use of the Easement Area is at any
time discontinued by the City, the City shall have the right, but not the duty, to enter further upon
the Easement Area and remove all or any portion of the public access system that has been placed
thereon, subject to all of the terms and conditions herein set forth.
IN TESTIMONY WHEREOF,this Agreement has been executed by the parties hereto as
of the day ad year first above written, subject to all of the term and conditions herein set forth.
OWNERS:
dL"Vtoc a!:i�-
RICHARD MARTIN FRANZEld
a/k/a R.M. FRANZEL
<& C) &AA
DOROTHEA HOLM FRANZEL
STATE OF MINNESOTA )
(Ss.
COUNTY OF HENNEPIN ) c
The foregoing instrument was acknowledged before me this 16! day of
2010, by RICHARD MARTIN FRANZEL a/k/a R.M. FRANZEL and
DOROTHEA HOLM FRANZEL,husband and wife, as Grantors.
aaz
BARBARA G.SILOS (4w �
NOTARY PUBLIC-MINNESOTA N TARY PU LIC
My Commission Expres Jan.31,2013
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CITY OF ORONO
BY: r
041
White,Mayor
AND
Je ica Loftu ,Ci y d inistrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 12 day of
J , 2010, by Jim White and by Jessica Loftus, respectively the Mayor and City
Adminis�frator of the City of Orono,a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
BARBARA G.SILUS Jazt,
NOTARY PUBLIC-MINNESOTA
My commission Expires Jan.31,2013 NOTARY PUBIVC
DRAFTED BY:
CAMPBELL,KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
SRN
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EXHIBIT "A"
TO
ACCESS EASEMENT AGREEMENT
PROPERTY DESCRIPTION
All that part of Lot 9, Auditor's Subdivision No. 362, Hennepin County, Minnesota, lying Easterly
of a line drawn from a point on the Northerly line of said lot distant 300 feet from the Northwesterly
corner thereof to a point on the South line of said lot distant 300 feet from the Southwesterly corner
thereof,and the Northerly 12 feet of the remainder of said Lot 9,according to the plat thereof.
[TORRENS PROPERTY-Certificate of Title No. 1864291
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EXHIBIT`B"
TO
ACCESS EASEMENT AGREEMENT
EASEMENT AREA
A permanent easement for public access purposes over, under and across that part of Lot 9,
AUDITOR'S SUBDIVISION NUMBER 362, according to the recorded plat thereof, Hennepin
County,Minnesota, described as follows:
Beginning at the southeast corner of said Lot 9; thence North 78 degrees 50 minutes 34
seconds East, assuming the south line of said Lot 9 bears South 88 degrees 04 minutes 14
seconds East, a distance of 17.76 feet;thence North 87 degrees 48 minutes 34 seconds East,
24.60 feet;thence South 89 degrees 02 minutes 44 seconds East, 92.60 feet;thence South 87
degrees 45 minutes 20 seconds East, 139.13 feet; thence South 87 degrees 40 minutes 44
seconds East, 196.80 feet; thence North 87 degrees 32 minutes 59 seconds East, 50.08 feet;
thence North 78 degrees 40 minutes 44 seconds East, 129.69 feet; thence North 89 degrees
33 minutes 34 seconds East, 17.62 feet; thence South 63 degrees 54 minutes 57 seconds
East, 7.39 feet; thence South 09 degrees 43 minutes 56 seconds East, 14.43 feet; thence
South 89 degrees 16 minutes 31 seconds East, 10.71 feet; thence North 15 degrees 53
minutes 00 seconds East, 15.35 feet; thence North 04 degrees 52 minutes 35 seconds East,
17.54 feet;thence North 51 degrees 51 minutes 24 seconds West, 7.24 feet; thence North 06
degrees 03 minutes 53 seconds East, 15.39 feet; thence North 87 degrees 09 minutes 24
seconds West, 21.85 feet; thence South 18 degrees 48 minutes 10 seconds West, 13.34 feet;
thence South 65 degrees 48 minutes 53 seconds West, 38.01 feet; thence South 78 degrees
53 minutes 53 seconds West, 115.67 feet; thence South 87 degrees 44 minutes 57 seconds
West, 50.61 feet;thence North 87 degrees 29 minutes 07 seconds West, 272.44 feet; thence
North 88 degrees 44 minutes 39 seconds West, 149.16 feet; thence North 85 degrees 55
minutes 39 seconds West, 34.16 feet;thence North 78 degrees 36 minutes 17 seconds West,
16.25 feet to the west line of said Lot 9; thence South 24 degrees 42 minutes 14 seconds
East along said west line 23.17 feet to the point of beginning.
Said access easement contains±8,926 square feet.
(Torrens Property)
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SEE ATTACHED EASEMENT SUR VEYSKETCH
CITY OF ORONO
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Existing sewer
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a11s 11 South line of Lot 9. I e�093 yah c
N 1 AUD. SUB. N0: 362 y
1 I (bears 588°04'1"E).
1 Southwest corner
-of Lot 9, AUD.
SUB. N0. 362
Access Easement
An easement for access purposes over, under,and across that part of Lot 9,AUDITOR'S SUBDIVISION NUMBER 362,
according to the recorded plat thereof, Hennepin County,Minnesota, described as follows:
Beginning at the southeast comer of said Lot 9; thence North 78 degrees 50 minutes 34 seconds East,assuming the
south line of said Lot 9 bears South 88 degrees 04 minutes 14 seconds East, a distance of 17.76 feet;thence North 87
degrees 48 minutes 34 seconds East, 24.60 feet; thence South 89 degrees 02 minutes 44 seconds East,92.60 feet;
thence South 87 degrees 45 minutes 20 seconds East, 139.13 feet;thence South 87 degrees 40 minutes 44 seconds
East, 196.80 feet; thence North 87 degrees 32 minutes 59 seconds East, 50.08 feet; thence North 78 degrees 40 minutes
44 seconds East, 129.69 feet;thence North 89 degrees 33 minutes 34 seconds East, 17.62 feet;thence South 63
degrees 54 minutes 57 seconds East,7.39 feet; thence South 09 degrees 43 minutes 56 seconds East, 14.43 feet;
thence South 89 dejrees 16 minutes 31 seconds East, 10.71 feet;thence North 15 degrees 53 minutes 00 seconds East,
15.35 feet;thence North 04-degrees 52 minutes 35 seconds East, 17.54 feet;thence North 51 degrees 51 minutes 24
seconds West, 7.24 feet;thence North 06 degrees 03 minutes 53 seconds East, 15.39 feet; thence North 87 degrees 09
minutes 24 seconds West, 21.85 feet; thence South 18 degrees 48 minutes 10 seconds West, 13.34 feet;thence South
65 degrees 48 minutes 53 seconds West, 38.01 feet; thence South 78 degrees 53 minutes 53 seconds West, 115.67 feet;
thence South 87 degrees 44 minutes 57 seconds West,50.61 feet; thence North 87 degrees 29 minutes 07 seconds
West, 272.44 feet; thence North 88 degrees 44 minutes 39 seconds West, 149.16 feet; thence North 85 degrees 55
minutes 39 seconds West, 34.16 feet; thence North 78 degrees 36 minutes 17 seconds West, 16.25 feet to the west line
of said Lot 9;thence South 24 degrees 42 minutes 14 seconds East along said west line 23.17 feet to the point of
beginning.
Said access easement contains*8,926 square feet.
-LEGEND: Na 50 100
Narttontal Sear In Fed
® Access Easement
FILE NAME 13910000V602-FRANZEL.dwg I Pao]. NO. 13910000 IDRAWN djr ISURVEY
I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION,OR REPORT
WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION i1�Yl�O0
AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR SL
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 .b1-636-1311
SIGNATURE: yVwwWw.tlofleSd'n0 cDI11
DATE 04/12/2010 c.No. 43133
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