HomeMy WebLinkAboutDoc # A9661970 g-75 WQ2a &
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Doc No A9661970
Certified filed and/or recorded on
..6. 6/8/11 10:08 AM
= - :� µ Office of the County Recorder
Vii`-0W.
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Hennepin County, Minnesota
Vis Michael H. Cunniff, County Recorder
MT
Jill L.Alverson, County Auditor and Treasurer
- Deputy 11 Pkg ID 715804
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Doc Name: Easement
,, 1_ Document Recording Fee $46.00
-a _-0 -� Attested Copyor Duplicate $2.00
Original
{ ty. Document Total $48.00
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This cover sheet is now a permanent part of the recorded document.
C y
•GRANT OF PERMANENT EASEMENT
CPE EXCHANGE 33968,LLC, a Minnesota limited liability company, "Grantor",in
consideration of One Dollar($1.00) and other good and valuable consideration,the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF ORONO, a
Minnesota municipal corporation, the Grantee,hereinafter referred to as th'e"City", its
successors and assigns, forever,a permanent easement for public drainage and utility purposes
over, across, on,under, and through the land situated in the County of Hennepin, State of
Minnesota, as legally described on the attached Exhibit"A" and depicted on the attached
Exhibit"B".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns,to enter
•
• upon the permanent 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 permanent easement premises,together with the right to grade, level,fill,pave,drain, and
excavate the permanent 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.
12-I ;tA,,I
Commercial Partners Title,LLC
200 South Sixth Street
Suite 1300
Minneapolis,MN 55402
157828 1
3 i6yi C' d‘ t- sir's
The above named Grantor, for itself,its executors 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; that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the easement premises; and it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor has signed this document this it day of
9^-'--)---e---- ,2011.
GRANTOR: CPE EXCHANGE 33968,LLC
°P
By /0
<'R.Peterson,Its Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 4tL day of 41 ,
2011,by Jeff R. Peterson,the Chief Manager of CPE Exchange 33968,LLC, a I esota
limited liability company, on behalf of the limited liabili company, Grant .
,---)
SHARON M RUANE,,
Notary Public
NOTARY PUBLIC-MINNESOTA
"(17, �"r My Commission Expires Jan,31,2015
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651)452-5000
SMM/jmo
157828 2
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
A permanent easement for drainage and utility purposes over,under, and across the following
described property:
That part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 118 North,
Range 23 West of the 5th Principal Meridian,described as follows:
Parcel 1:
Beginning at a point on the West line of said Southeast Quarter of the Southeast Quarter, 29.7
feet North of the Northeasterly line of the right-of-way of the Great Northern Railway Company;
thence North along the West line of said Southeast Quarter of the Southeast Quarter to the South
line of the right-of-way of the Electric Short Line Railway Company;thence Easterly along the
South line of said Electric Short Line Railway Company to the Southwesterly line of State
Highway 12, formerly No. 10; thence Southeasterly along said Southwesterly line of said
Highway to a point distant 385 feet measured at right angles from the South line of Section 35;
thence Westerly parallel with and distant 385 feet, measured at right angles from the South line
of said Section 35, a distance of 1011.05 feet to the point of beginning. Excepting therefrom that
part of the above-described property as is contained in Document No. 3964258,Hennepin
County Recorder's Office. And further excepting therefrom that part of the South Half of the
Southeast Quarter of Section 35,Township 118 North,Range 23 West,shown as Parcel 97 on
Minnesota Department of Transportation Right-of-Way Plat Number 27-134 as the same is on
file and of record in the office of the County Recorder in and for Hennepin.County,Minnesota.
Parcel 2:
All that part of the Southwest Quarter of the Southeast Quarter of Section 35,Township 118,
Range 23 lying South of the Southeasterly right-of-way line of the Electric Short Line Railway
Company and Northeasterly of the Northeasterly right-of-way line of the Great Northern
Railway Company. Excepting therefrom that part of the South Half of the Southeast Quarter of
Section 35,Township 118 North,Range 23 West, shown as Parcel 97 on Minnesota Depaitment
of Transportation Right-of-Way Plat Numbered 27-134 as the same is on file and of record in the
office of the County Recorder in and for Hennepin County,Minnesota.
The easement is more particularly described as being the 10 feet within and contiguous with the
outer boundary of said property.
157828 3
EASEMENT DESCRIPTION SKETCH ;. .-:,
FOR: 875 WAYZATA BOULEVARD, ORONO, MN : )
NORTH
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\ PAGE 2 OF 2
® 0 105 South Fifth Avenue
LAND F O R M Suite 513
Q o Minneapolis, MN 55401
From Site to Finish
m Web: tandfonn.net
Job No. KAROOI Drawing: descKAROOI.dvq By: SCT
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, Opy
•,..
(reserved for recording information)
GRANT OF PERMANENT
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
INSTRUMENT made this 6Th day of U 1-/L , 2011, by CPE Exchange
33968, LLC, a Minnesota limited liability company, the Grantor, in favor of the CITY OF
ORONO, a Minnesota municipal corporation("City").
WITNESSETH:
The Grantor, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby creates and grants unto the City a
permanent flowage and conservation easement for the protection of wetlands, wetland buffer areas,
steep slopes, woodlands and open spaces over, under, on and across the following land within the
City of Orono, County of Hennepin, State of Minnesota and legally described on the attached
Exhibit "A" and shown on the easement description sketch attached hereto (the "easement
premises").
The Grantor,its successors and assigns,hereby covenants and agrees as follows:
1. That the following are prohibited in perpetuity within the wetland:
A. Constructing, installing, or maintaining anything made by man, including but not
limited to buildings, structures, walkways, fences, retaining walls, fireplaces,
clothes line poles, playground equipment, roads, hardcover of any kind,
underground utility lines and distribution equipment, light poles, traffic signals,
traffic regulatory signs, mailboxes; except: 1) feeders, bird houses, and other
devices intended to foster wildlife; and 2) docks or boardwalks when allowed by
City ordinance and under a valid City permit. Creation and maintenance of non-
hardcover walking paths may be allowed.
Commercial Partners Title, LLC
200 South Sixth Street
Suite 1300 1 -ORONO/Orono Senior Living
Minneapolis,MN 55402 Project No. 11-3498
B. Cutting, mowing or removing shrubs or other vegetation, and cutting, destroying
or removing trees greater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency. Grantors may remove brush,
diseased or dead trees of any size,buckthorn and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to the size,
depth or contour of the wetland; dredging, mining or removal of earth, loam,peat,
gravel, soil or any other natural material.
D. Free roaming of domestic animals (i.e. horses, sheep, chickens, etc.)
E. The deposit of waste, yard waste, or debris.
F. Activity detrimental to the screening of the neighboring properties.
G. Application of fertilizers, whether natural or chemical.
H. Application of chemicals for the destruction or retardation of vegetation.
1. The application of herbicides, pesticides, and insecticides, except for noxious
weed control by or as directed by a governmental agency.
J. Outside storage of any kind.
K. Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
2. That the following are prohibited in perpetuity within the wetland buffer:
A. Constructing, installing, or maintaining anything made by man, including but not
limited to buildings, structures, walkways, fences, fireplaces, clothes line poles,
playground equipment, roads or hardcover of any nature whatsoever, except: 1)
feeders, bird houses, and other devices intended to foster wildlife; 2) docks or
boardwalks when allowed by City ordinance and under a valid City permit; 3)
retaining walls when allowed by City ordinance and under a valid City permit.
Creation and maintenance of non-hardcover walking paths may be allowed.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or removing
trees greater than four inches in diameter, except for tree disease control by or as
directed by a governmental agency and except by special permit for maintenance
or as part of an approved vegetation management plan. Grantors may remove
brush, buckthorn, diseased or dead trees of any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to the size,
depth or contour of the wetland; dredging, mining or removal of earth, loam, peat,
gravel, soil or any other natural material.
D. Free roaming of domestic animals (i.e., horses, sheep, chickens, etc.).
2 ORONO/Orono Senior Living
Project No. 11-3498
E. The deposit of waste, yard waste,or debris.
F. Activity detrimental to the screening of the neighboring properties.
G. Application of fertilizers,whether natural or chemical.
H. Application of chemicals for the destruction or retardation of vegetation.
I. The application of herbicides, pesticides, and insecticides, except for noxious
weed control by or as directed by a governmental agency.
J. Outside storage of any kind.
K. Activity detrimental to the preservation of the scenic beauty, vegetation, and
wildlife.
3. Establishment and Maintenance of Wetland Buffer. The wetland buffer, as shown in the
attached easement description sketch, shall be established and improved when required
by City Ordinances to become an "acceptable buffer area" as described within City
Ordinances, and shall thereafter be maintained by Grantor in perpetuity free from
mowing or other vegetative disturbance, fertilizer application, yard or other waste
disposal, the placement of structures or any other alteration that impedes the function of
the buffer in protecting the quality of water in the wetland or buffering flows into the
wetland.
4. Grantor, its successors and assigns, further grants the City the affirmative right, but not the
obligation to do the following on the easement premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural habitat by
altering, clearing, and removing trees or other vegetation,by changing the contour
of the land, and by planting trees or other vegetation.
B. Enter upon the easement premises at any time to enforce compliance with the
terms of this instrument.
5. Grantors reserves for itself and for its successors and assigns and their invitees, the right
to enter upon the easement premises and to do and perform on the easement premises
such acts as are not inconsistent with the easement rights granted to the City herein. Such
uses shall be deemed to include,but not be limited to planting of trees, flowers, and other
vegetation consistent with a conservation easement; walking along trails and paths; bird
watching; the study of nature; and all other acts of a similar nature or purpose.
6. Grantor hereby grants, gifts, quit claims and conveys to the City a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all of the
Easement Premises.
3 ORONO/Orono Senior Living
Project No.11-3498
7. The Grantor herein does hereby remiss, release, acquit and forever discharge, forever, the
City and any and all of its officers and employees of and from any and all claims, demand
or causes of action of any kind or nature whatsoever which may arise or accrue by virtue
of any flowage or trespass with water over and upon all or any portion of the Easement
Premises.
8. Grantor does not intend that the public should have any interest in the above land by
virtue of this indenture or otherwise, except as hereinabove set forth.
IN WITNESS WHEREOF, the Grantor hereto has executed this easement effective as
of the day and year set forth above.
GRANTOR: •
CPE Exchange 33968, LLC
By:
Jeff`: erson
),tom;; 'hief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OFCYJ +j;/ )
The foregoing instrument was acknowledged before me this f'/ day of
/1441y , 2011, by Jeff R. Peterson, the Chief Manager of CPE Exchange 33968, LLC a
Minnesota limited liability company, on behalf of the limited liability company, the Grantor.
4
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
�, KARLA J JpRpgN
CAMPBELL KNUTSON = '`' •T- NOTARY P
•
" UBLIC
• Professional Association �: �` MINNESOTA
1�Y Commission Ez
317 Eagandale Office Center •-- -- - , Aires Jan.31,2015'•
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651)452-5000
SMM:sm
T:WIM-MARY\ENGELSMA LIMITED PARTNERSHIP\Orono Land-Senior Housing Project\Grant Perm Flow EasementlGrant Penn Flowage&Conserv Esmt•CPE
Exchange 33968(Clean•5.6.11).Doc
4 ORONO/Orono Senior Living
Project No.11-3498
EXHIBIT A
Flowage and Conservation Easement Descriptions
A permanent flowage and conservation easement over and across the following described
property:
That part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 118 North,
Range 23 West of the 5th Principal Meridian, described as follows:
Parcel 1:
Beginning at apoint on the West line of said Southeast Quarter of the Southeast Quarter 29.7
feet North of the Northeasterly line of the right-of-way of the Great Northern Railway Company;
thence North along the West line of said Southeast Quarter of the Southeast Quarter to the South
line of the right-of-way of the Electric Short Line Railway Company; thence Easterly along the
South line of said Electric Short Line Railway Company to the Southwesterly line of State
Highway 12, formerly No. 10; thence Southeasterly along said Southwesterly line of said
highway to a point distant 385 feet measured at right angles from the South line of Section 35;
thence Westerly parallel with and distant 385 feet, measured at right angles from the South line
of said Section 35, a distance of 1011.05 feet to the point of beginning. Excepting therefrom that
part of the above described property as is contained in Document No. 3964258, Hennepin
County Recorder's Office. And further excepting therefrom that part of the South Half of the
Southeast Quarter of Section 35, Township 118 North,Range 23 West, shown as Parcel 97 on
Minnesota Department of Transportation Right of Way Plat Numbered 27-134 as the same is on
file and of record in the Office of the County Recorder in and for Hennepin County, Minnesota.
Parcel 2:
All that part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 118,
Range 23 lying South of the Southeasterly right-of-way line of the Electric Short Line Railway
Company and Northeasterly of the Northeasterly right-of-way line of the Great Northern
Railway Company. Excepting therefrom that part of the South Half of the Southeast Quarter of
Section 35,Township 118 North, Range 23 West, shown as Parcel 97 on Minnesota DepaL talent
of Transportation Right Of Way Plat Numbered 27-134 as the same is on file and of record in the
Office of the County Recorder in and for Hennepin County, Minnesota.
The easement to be described is more particularly described as:
Lying Westerly of the following described line:
Commencing at the intersection of the Northwesterly line of Parcel 97 as shown on
Minnesota Department of Transportation Right of Way Plat No. 27-134 and the
Southerly right-of-way line of the Electric Short Line Railway Company; thence North
82 degrees 45 minutes 49 seconds East, along said Southerly right-of-way line, a distance
of 477.30 feet to the point of beginning; thence South 52 degrees 49 minutes 51 seconds
East, a distance of 103.49 feet; thence South 64 degrees 10 minutes 23 seconds East, a
distance of 91.55 feet; thence South 60 degrees 38 minutes 43 seconds East, a distance of
50.49 feet; thence South 53 degrees 21 minutes 13 seconds East, a distance of 70.60 feet;
5 ORONO/Orono Senior Living
Project No.11-3498
thence South 82 degrees 48 minutes 36 seconds East, a distance of 41.06 feet; thence
South 58 degrees 14 minutes 57 seconds East, a distance of 44.03 feet; thence South 37
degrees 44 minutes 27 seconds East, a distance of 62.64 feet; thence South 35 degrees 21
minutes 55 seconds East, a distance of 60.49 feet; thence South 86 degrees 27 minutes 23
seconds East, a distance of 57.66 feet; thence North 65 degrees 12 minutes 04 seconds
East, a distance of 78.19 feet; thence North 64 degrees 17 minutes 47 seconds East, a
distance of 100.00 feet; thence South 67 degrees 16 minutes 18 seconds East, a distance
of 44.02 feet; thence South 47 degrees 13 minutes 15 seconds East, a distance of 102.44
feet; thence South 50 degrees 28 minutes 30 seconds West, a distance of 89.75 feet;
thence South 70 degrees 00 minutes 27 seconds West, a distance of 122.64 feet; thence
South 03 degrees 40 minutes 02 seconds East, a distance of 58.01 feet to a point
hereinafter'referred to as Point A, said point also being on the South line of said Parcel 1
and said line there terminating.
AND
Lying Southerly of the following described line:
Commencing at the aforementioned Point A; thence South 89 degrees 08 minutes 04
seconds East, along the South line of Parcel 1, a distance of 97.01 feet to the point of
beginning; thence North 12 degrees 18 minutes 19 seconds East, a distance of 43.58 feet;
thence North 79 degrees 37 minutes 04 seconds East, a distance of 60.41 feet; thence
North 70 degrees 18 minutes 29 seconds East, a distance of 98.44 feet; thence South 47
degrees 13 minutes 51 seconds East, a distance of 72.83 feet; thence South 58 degrees 23
minutes 08 seconds East, a distance of 32.69 feet to the East line of said Parcel 1 and
there terminating.
AND
Lying Easterly of the following described line:
Commencing at the Northeast corner of said Parcel 1; thence South 82 degrees 45 minutes 49
seconds West along the North line of said Parcel 1, a distance of 0.85 feet to the point of
beginning;thence South 13 degrees 55 minutes 03 seconds West, a distance of 102.15 feet;
thence South 01 degrees 47 minutes 57 seconds West, a distance of 55.98 feet; thence North 33
degrees 35 minutes 58 seconds East, a distance of 42.38 feet; thence South 32 degrees 36
minutes 36 seconds East, a distance of 79.00 feet; thence South 47 degrees 13 minutes 51
seconds East, a distance of 93.13 feet; thence North 69 degrees 00 minutes 11 seconds East, a
distance of 17.19 feet to the East line of said Parcel 1 and there terminating.
6 ORONO/Orono Senior Living
Project No.11-3498
EASEMENT DESCRIPTION SKETCH
FOR: 875 WAYZATA BOULEVARD, ORONO, MN NORTH
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PACE 3 OF 3
• • 105 South Fifth Avenue
L A N D F 0 R M Suite 513
_ ,,, Iii Minneapolis,MN 55401
From Site to Finish
at °i• Web: landform.net
Job No. KAR001 Drawing: deacKAR00I.dvq By: SCT