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HomeMy WebLinkAbout2012 - Easements II 1111 111 Doc No T5011544 Certified,filed and/or recorded on 11/7/12 3:36 PM Office of the Registrar of Titles ' Hennepin County,Minnesota Rachel Smith,Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 879653C Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1358735 This cover sheet is now a permanent part of the recorded document. (reserved for recording information) GRANT OF PERMANENT FLOWAGE AND CONSERVATION EASEMENT AND RESTRICTIVE COVENANT FOR WETLAND AND WETLAND BUFFER INSTRUMENT made this 27 day of Mil NLoff- , 2012, by CINDY L. NELSEN, MARK J. NELSON, AND DANIEL A. SON, TRUSTEES FOR THE EDITH L. NELSON FAMILY TRUST, the Grantors, in favor of the CITY OF ORONO, a Minnesota municipal corporation("City"). WITNESSETH: The Grantors, in consideration of good and valuable consideration paid by the City, the receipt and sufficiency of which is hereby acknowledged, hereby create and grant 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 survey exhibits attached hereto(the"easement premises"). The Grantors,their successors and assigns,hereby covenant and agree 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 165556v1 1 ( i 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, 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. 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. 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: I) 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. 165556v1 2 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. 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 Exhibit A, 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 Grantors 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. Grantors,their successors and assigns,further grant 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 reserve for themselves and for their 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 165556v1 3 trails and paths; bird watching; the study of nature; and all other acts of a similar nature or purpose. 6. Grantors hereby grant, gift, quit claim and convey 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. 7. The Grantors herein do 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 within terms of these agreements. 8. Grantors do not intend that the public should have any interest in the above Iand by virtue of this indenture or otherwise,except as hereinabove set forth. IN WITNESS WHEREOF, the Grantors hereto have executed this easement effective as of the day and year set forth above. GRANTORS: Cindy L.Nel n,Trustee Mark J.Nelson,Tivlstee D 'el A.Nels ,Tru ee 165556v1 4 f ' STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 0.-i" day of , 2012,by Cindy L.Nelsen as Trustee of the Edith L.Nelson Family Trust, Grantor. � 1l� Notary 'i•Iic JOHN A ROSS STATE OF MINNESOTA ��:::;r�: , Noir PU811C-MINNESOTA ,� !c'IN Commission Evires Jan.31,2015 )Ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this n i'day of ,2012,by Mark J.Nelson as Trustee of the Edith L.Nelson Family Trust, Grantor. ' ' ": JOHN A ROSS STATE OF MINNESOTA ) NOTARY PORNO-MINNESOTA Ss. n-.;? Commission Expires,lan.31,2015 COUNTY OF HENNEPIN ) "- ' The foregoing instrument was acknowledged before me this d..��day of ,2012,by Daniel A.Nelson as Trustee of the Edith .Nelson Family Trust, Grantor. Notary P is 4:0„, JOHN A ROSS NOTARYPu811C-MWNESOTA INSTRUMENT WAS DRAFTED BY: . ;;mycommissionExpiresJan.31,2015 CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: 612 452-5000 SMM/cjh 165556v1 5 EXHIBIT A GRONEERG&ASSOCIATES,INC •ywvt�wo.o,a w Iww��w uwo�1MMtIN ,.nwm LAN.KINX•sm•NM. Iul H•rYa.M•• 8-16-12 WILLOW HILL Wetland and buffer descriptions • WETLAND DESCRIPTIONS Those parts of Lots 1 and 2,Block 1,WILLOW HILL which lie easterly of a line drawn parallel with and 50 feet easterly of the westerly line of the drainage easement on the east side of said Lots as dedicated to the public in said Lots; ALSO That part of Lot 3,Block 1.WILLOW HILL which lies westerly of a line drawn parallel with and 25 feet westerly of the easterly line of the drainage • easement as dedicated to the public in said Lot BUFFER DESCRIPTIONS Those parts of Lots 1 and 2,Block 1,WILLOW HILL which lie easterly of the westerly line of the drainage easement on the east side of said Lots as dedicated to the public In said Lots,and westerly of a line drawn parallel with and 50 feet easterly of the westerly line of said drainage easement; ALSO That part of Lot 3,Block 1,WILLOW HILL which lies westerly of the easterly line of the drainage easement as dedicated to the public In said Lot,and easterly of a line drawn parallel with and 25 feet westerly of the easterly line of said drainage easement. • 165556v1 6 R.T.DOC.NO. • WILLOW HILL KNOW ALL PERSONS BY THESE PRESENTS:Thal Cindy L Nelsen,Mark J.Hatton,end Daniel A.Nelson,Trustees at the I,Mark S.Gronbarg,do hereby earthy that Iota Wet was prepared by ma or under my dint supervlslan:Mall am a duty Edith L Nelson Family Treat,lea manare of the following described property situated h the County al Hennepin, licensed Land Surveyor in the State of Minnesota;that Wt plat Is a correct reprascntadan of the boundary survey;that90 Slate at Mlrnasota,to war: mathematical data end labels am correctly designated on this pier;that all monomania deplead on this plat have bean,or wig be correctly eat*teen one year,that at water boundaries end wet Weds ea deigned N Minnesota Statutes,Section 505.01,SLDd.3 as el the data of nth codlticate are absent and labeled on this plat;and at nubile ways are shown and The North One-fourth of the Northwest Quarter at the SaWhwass atenet ct Sec ion 3.Township 917,Range 23,Hennepin labeled on thts plat County,Minnesota ecnapt the South 188.00 teal at the Waet 278.32 feet of saki North Onaloutth at tie Northwest Quarter of the Southwest Quarter; Mark S.Gmnberg,Ueensed Lard Surveyor Except that part which eras easterly at the northerly extension of the wast Erie of Lot 1,Binds 1,Bbl Kegays Land 3 at Warmth License Number 12755 Division Also; STATE OF MINNESOTA) COUNTY OF HENNEPIN)This Inetrumeot was erknowledged bolero me into day at That port of the Southwest Quarter at the Northwest Quarter of Section 3,Towoatdp 117,Range 23,Hennepin County, 20 ,by Mark S.Granberg,Licensed Land Surveyor. Minnesota described as WEAVE Beginning St me Soulhwasl cornier nt the Northwest Quartet of saki Section 3;thence East along the South line of said Northwest Quarter 801.615 feet,said point is marked by a Judicial Landmark sat pursuant Notary PuhOc, County,Minnesota Noterya primed name to Tartans Case No.14342;thence North,parasol with the Wast One of saki Northwest Quarter,28400 feet.tali point isP bslan ex res marked by a Judicial Landmark sot pursuant to Tenons Casa No.14342:thence West paragat with the Sough tine of said My a Northwest Quarter.518.015 feat.saki point Is marked by a Judicial Landmark sat pursuant to Tenons Casa No.14342; thence Northwesterly to a pokrt on the West One of saki Northwest Quarter distant 478.50 feet Nath from the point Of beginning,said point fs referenced bye Judicial Landmark sal pursuant to Tartans Casa too.14342 at the Intersection of said last described One and the East lire al the West 33.00 feet of said Nerthvrest Quarter;thence South along the West ORONO,MINNESOTA fns at said Nantlnwasi Quarter to the point of bngimthg. This plat of WILLOW HILL was approved and accepted by the City of Orono,Minnesota,ata regular meeting held Have ceased the same to be surveyed and planed La WILLOW HILL and do hooky donate end dedicate to the this day of ,23 II applicable,the written(torments and,ocommeM10110ra or the public far public use forever the Putlle Way and the drainage end utility and drainage easements u shorn on the plat. Commissioner of Transportation and the County 11r In nay Engineer have been received by the City or the prevailed 30 day period has elapsed without receipt of such comments and recmmmandadons.es provided by Minnesota Statutes,Section In witness whereof bald Cindy L Netters,Mark J.Nelson,and Denial A.Nelson,Trustees of the Edlm.t_Nelson Family Trod, 505.03,Sub.2 have hereunto ret thole rands Ws day Of CITY COUNCIL OF THE CITY OF ORONO,MINNESOTA SIGNED ,Maya Oark CINDY L NELSEN,Trustee TAXPAYER SERVICES DEPARTMENT,HENNEPIN COUNTY,M W NESOTA MARK J.NELSON,Trustee 1 hereby candy that taxes payable In 20_and prier years have been paid Inn lard dascubed,sn this plat Dated this day at .20,_ DANIEL A.NELSON,Trustee MARK V.CHAPIN.HENNEPIN COUNTY AUDITOR By Deputy STATE OF SURVEY DIVISION,HENNEPIN COUNTY,MINNESOTA COUNTY OF ), foregoing Nell In,and Instrument was A. acknowledged Thr hetae me this daen at Pursuant In MINN.STAT.Sec.3833.555(1065),this pint has been approved this day el 20 by Grady L.Nilsen,Mark J.Nelsen,and Dorval A.Nekon,Tnateaa d the Edith L.Nelson Family Trust, 20 on cll of the Trust WILLIAM P.BROWN,HENNEPIN COUNTY SURVEYOR By Notary Ptrbac, County, Notaryra printed name • 'My commission expires REGISTRAR OF TITLES,HENNEPIN COUNTY,MINNESOTA I hereby cantly that the within plet al WILLOW HILL wen fled In this office this day o1 20_,at o'doctc .M. RACHEL SMITH,ACTINO REGISTRAR OF TITLES By Depuy GRONBERG&ASSOCIATES,INC, ENGINEERS,LAND SURVEYORS,PLANNERS SHEET 1 OF 2 SHEETS i • •mviiilaa:a•or `,:, ! or...drarr .....' R.T.DOC.NO. ! : � .JWILLOW HILL ' N � asi zo __1 ; `t_-- CN 3 „, i 1 fV arse l...ewr.�......+.. 4,I « • / SCALE IN FEET f..va.w.w••+.w...°.%Saw*..• Q• I i4.44%,1 , 0 * ..1...............,................. a 4,` s < ` 111/ ? - v 10fa.l,W.f ;we.1...111.011.00....aaa« GRONBERG D ASSOCIATES,INC. (Lj d 1a.�.. .` ��""°°1"""°M0 •«,. .+1..1 f ENGINEERS,LAND SURVEYORS,PLANNERS ▪ !1-> ((^\ (+• 0(J�t 4 yet_--___-` --_ --�-�� `.- ` H. 1 akr.„` COQ� s'9, nM'w�paellmip AlW \r..-1,. ; 1� f �4 �,` �'N�.i 0. DN \`g a.:Ki.C.kinana W mmi�ae a a>r.w • ``C:4 1 • I 2 i 11 ,\``.f'�. .9 k, .aI4:Mr h`4,` '\ `4 41 I --s'' 'la i 1 : 5 la Mt- �`a �� '�_I ,Wn >r r yJ.J // ..r 1., ,;i ram.-�,e:ZI.:1°-.16‘G ‘(--::::-.5s:\w•� `���. L'M�a,•[ I6Ai�- /•� ...fins. .—.-� .«N \1 f1arV1r1 W1a w._ ',•---- / ,...-- 7�e f' T"--------------------,1 r�r.ry 4 ----- ' ,w•1wJarsroeR enter.,roar P ti, w.u.��..w. e,.n,n1m.� nYmd . 3 6.1 f aci.ao a,wn yur+n;157. x o l I,, 3� / 2 • ry / ! s diA y 'I e0- I Q e 3j5L� I — �/ i I ! a/ ° I 3 ` a our i f .� .� ti 1 . vn•f f v 4 1 I ser Is 1 a I / !'4 o...Wn..t.t.,a II ' CEP g!! � QC 1 rwaWnmunll.sat. awv.1.11“ .nwK r C n.s,.aa,ownaw/ �;1 aKYra +l % i E f •.i �±ia-'a•4,+ 1 a Ps WYl'.3 ii .e.MLLrlYMen,a..u.lrt I W Iv n,m,.tOfi.fLL Wai.+t00, WH..C.TM.1.,LI IP . ert4, M1wn WdP L /f ! l` sx�� 1 ; 30 ” I F ._ i i! c� h ,na - ; g I i I. ran r'.! WILLOW v a KNOLL «,a1. e,.BILL.KELLEY'S LAND BILL KELLEYS LANG'an.wnow.i ' I FIRST DIVISION THIRD DIVISION "`>"'a —'1 f; ► ! c.n.Yen.. . ••., a1.,.a1fa11. �•► 1�J..1�[ , a•KQG>.1)�. M11.a1Laa1M011.100.faW I 1 ---•- .aNfn'W 1011. ``'te_ 14,0.0.•....0.01 R+w red 021.11.•ECTIMtn=1,.1auaItt R .«.1.rr. fawn - Y5ci f..w'o.111, _��H�.4,.e...--ii..t�..°.r”..•RI aci SHEET 2 OF 2 SHEETS - • • r *a Mil 1101111111111 Doc No 15011545 Certified,filed and/or recorded on 11/7/12 3:36 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith, Acting Registrar of Titles Mark V.Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 879653C Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1358735 This cover sheet is now a permanent part of the recorded document. L� • TRAIL.EASEMENT THIS INDENTURE,made this21 day of fes(! V. ,2012,by CINDY L. NELSEN,MARK J.NELSON,AND DANIEL A.NEON,TRUSTEES FOR THE EDITH L.NELSON FAMILY TRUST("Grantors"),in favor of the CITY OF ORONO,a Minnesota municipal corporation("Grantee"). WITNESSETH, that Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantors, do hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for public ingress,egress and access for trail purposes and uses,including the right to construct and maintain the same, together with the right of the public for access over, above,under and across the land located in Hennepin County,Minnesota described as follows: An easement for trail purposes over and across the westerly 10.00 feet of Lot 3,Block 1, Willow Hill,according to the recorded plat thereof, (the"Easement Area");including,but not by way of limitation,a full and free right and authority to enter upon the Easement Area to construct, install, maintain, operate and repair a gravel or paved trail and any and all appurtenances incidental and related thereto (all of which are hereinafter referred to collectively as the Improvements). Grantee shall have the right to make use of the Easement Area as is reasonably necessary and advisable to the construction, installation,maintenance,operation and repair of the Improvements. In addition to any other remedy Grantee may have, the covenants and restrictions contained herein may.be enforced by injunction. Grantors covenant that they are in fee title to the Easement Area,have a lawful right and authority to convey and grant this easement, and that the Easement Area is free from all encumbrances except any encumbrance the holder of which has consented to this easement: IN WITNESS WHEREOF,Grantors have executed this document on the day and year set forth above. GRANTORS: j Cindy L.Nelsen, rustee �• �• Mark J.Nelson, :G stee D ie1 A.Nelso ,Trust e 1039487v2 $ ..,, STALE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of O,t,f t.f_5,f' ,2012,by Cindy L.Nelsen as Trustee of the Edith L.Nelson Family Trust, Granth . a `Akt, MONICAA.FADNESS G� Q. .; - i- NOTARY PUBLIC-MINNESQTA Notary Public .. rM Cion Expires Jan31 2017 . ti '•!'• .._.'17.: ,..- cam- .✓l�ll.,/Jlr!!ll✓11J.i STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 2 ) day of Ik.A./r�s' ,2012,by Mark J.Nelson as Trustee of the Edith L.Nelson Family Trust, �: G .1� ^r /YJl1JYll✓-rJ-/✓.v1././Y.Yr e- `` MONICAA.FADNESS • NOTARY PUBUC-MINNESOTA ill (/l,{-C 4. . 9-1L,Lit-e. Mf Canmisaon FxphesJan.31'2D17 ti Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this a2/ day of 0,1A1.A — ,2012,by Daniel A.Nelson as Trustee of the Edith L.Nelson Family Trust, �tile. MONICAA.FADNESS �) ��-"I�f/I/t '� - 1 A, VII NOTARY PUBLIC-MINNESOTA C.� s my Commission Fomites Jan.31.2017 11 Notary Public IN•,,,::.: r'1.�r't'.=..:c.. i::z/'f c r-�-�::rJ) CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: 612 452-5000 SMM/cjh l0344S7v2 II II I IN 111111111111 Doc No T5011546 Certified, filed and/or recorded on 11/7/12 3:36 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith,Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 879653C Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1358735 • This cover sheet is now a permanent part of the recorded document. V • 0;.P. ., TREE PRESERVATION EASEMENT INSTRUMENT made this LPday of AU(311Ãt,2012,by and between CINDY L.NELSEN,MARK J.NELSON,AND DANIEL A.NELSON,TRUSTEES FOR THE EDITH L.NELSON FAMILY TRUST("Grantors"),and the CITY OF ORONO,a Minnesota municipal corporation("City"). The Grantors,in consideration of good and valuable consideration paid by the City,the receipt and sufficiency of which is hereby acknowledged,hereby grants the City a permanent tree preservation easement over,under,and across real property in Hennepin County,Minnesota, described as follows: An easement for tree preservation purposes over and across the northeasterly and northerly 20.00 feet of Lot 1,Block 1,WILLOW HILL, according to the recorded plat thereof,as measured at a right angle to the northeasterly and northerly lines of said Lot 1. (the"Subject Property"). • • The Grantors,for themselves.their successors and assigns,agree that the following are prohibited in perpetuity on the Subject Property: A. Constructing,installing,or maintaining anything made by man, including but not limited to buildings,structures,walkways,clothes line poles,and playground equipment within the dripline of a tree,that has the potential to damage the tree. B. Cutting or removing trees.Removing dead trees,trimming trees to maintain health,removing diseased trees,and removing selected trees approved by the City when required to allow sunlight to penetrate a limited areas on the property,may be undertaken. C. Excavation or filling when these activities may contribute to damage or loss of protected trees. The above named Grantors,for themselves,their successors and assigns do covenant with 165553v1 1 ti 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. GRANTORS: Cindy L.Nelsen,Trustee Mark J.Nelson, tee jC ... , , - D. 'el A.Nelso Truster STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) AThe fore:•ing instrument was acknowledged before me this 1� day of , Ar 2012,by Cindy L.Nelsen as Trustee of •e Edith Nelson Family Trust, Grant. q, _,ZeAl •tary Public .'''.:ir'' WI WAM M.DICKEL STATE OF MINNESOTA ) `3, _ ., 'M A :., My Canmtssion Expires Jan 31,2015 )SS. �JYlII/.�!!I! .rlrl!!IJJ./lJ' COUNTY OF HENNEPIN ) The fo :oing instrument was acknowledged before me this `�day of f, �,1( ,2012,by Mark J.Nelson as Trustee of dith L.Nelson Family Trust, Grant mils ....._3,2 .- vow / Public ti ':eWIWAM M.DICKEL 1 :,",;1 c.: NOTARY PUBLIC-MOOLESOTA IAy Cann,;sbfan Expires AM,31,2015 R f/!!I/./lljl/'l rrr!lllr✓`/lllJ1 [65553v1 2 R STA 11,OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The fore:oing instrument was acknowledged before me this /ó'day of /, ,��,.i ,2012,by Daniel A.Nelson as Trustee •.!se Edith L.Nelson Family Trust, G . ." Public ' WILLIAM M.D� IC�K�E�./L�A WARY MIX ETOMJan 31,2015 ti • I65553v1 3 • • GRANTEE: • • 'j }, +�� K:. CITY OF ORONO rp i;.J' By: -ie.&i' -- a--. 1J � "`'; ` '?' Lili McMillan,Ma or •j y t- ,/ d • /J: ,;'f.'%. ,. r / / By: • t ' 2;=�' ,°r;'=�' 4-ssicaLoty � �'mstrator • t ' •rte STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this c2 7 day of '2012,by Liii McMillan and Jessica Loftus,respectively the Mayor and City A nistrator of the City of Orono,a Minnesota municipal corporation,on behalf of the corporation and pursuant to the authority granted by�omits City Council. j Notary Publicl'tftsMONICAA,FADNESS , NOTARY PUBLIC-MINNESOTA 4. htf Commission Expires Jan.31,2917 i/11.J• . .�.. ,Cfllfll,/llfflll•�l✓� INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: 612 452-5000 SMM/cjh • 165553v1 4 111 III 11 11 1 111 Doc No T5011547 Certified, filed and/or recorded on 11/7/12 3:36 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith,Acting Registrar of Titles Mark V.Chapin, County Auditor and Treasurer Deputy 55 Pkg ID 879653C Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1358735 This cover sheet is now a permanent part of the recorded document. INN R • • • (reserved for recording information) • DRAINAGE AND UTILITIES EASEMENT THIS INDENTURE, made this 15 flay of 04_47 , 20.164y and between Cindy L. Nelsen, Mark J. Nelson, and Daniel A. Nelson,Trustees for the Edith L. Nelson Family Trust hereinafter referred to as "Grantor(s)", and the City of Orono, a municipal corporation,hereinafter referred to as"Grantee". WITNESS, that Grantor(s), in consideration of the sum of One Dollar($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s),do(es)hereby grant,bargain, sell and convey to Grantee,its successors and assigns,a perpetual easement for public ingress,egress, and access, for drainage and utilities purposes and uses, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, legally described as follows: Outlot B,Willow Hill,Hennepin County,Minnesota, including,but not by way of limitation,a full and free right and authority to enter upon said land to construct, install, maintain,operate and repair a sanitary sewer interceptor, lift station,main or line, a water main or line and any and all appurtenances, including drainage control structures, incidental and related thereto, (all of which are hereinafter referred to collectively as the "Improvements"). The Grantee shall have the right to make use of said land as is reasonably necessary and advisable to the construction, installation,maintenance,operation and repair of the Improvements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they are in fee title to the above property, have a lawful right • and authority to convey and grant this easement, and that the land is free from all encumbrances except: • Page 1 of 2 166760 IN WITNESS WHEREOF, the Grantor(s) have executed this document on the day and year set forth above. GRANTOR(S) • Mark J.Nelson Da el A.Nelson C(4(14 .014 ile-L644'D • Cindy L.Nelsen U • STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 6t4-lay of 0{474' ,2012,by Mark.T.Nelson. Notary Public TIPPIN A BERG t' NOTARY PUBLIC-1.11NNESOTA Hy Comm.Erpirce Jon.21,2010 STATE OF MINNESOTA ) • )ss. COUNTY OF HENNEPIN ) • The foregoing instrument was acknowledged before me this S44."-tray of ,2012,by Daniel A.Nelson. Li /(//i �/ Notary Public • TIPPIN A BERG NOTARY PUBLIC.1.1INIOESOTA l.1y Conlin.Expires Jan,31.2015 Page 2 of 2 166760 ar- • • STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me this 1 v-411t'ay) of ,2012,by Cindy L.Nelsen. CtWJ: C Notaryc . TIPPIN A BERG NOTARY PUBLIC-MINNESOTA In_ My Cmnm.Expires Jan.31.2015 State Deed Tax Due Hereon: This instrument was drafted by: City of Orono 2750 Kelley Parkway P.O.Box 66 Crystal Bay,MN 55323 (952)249-4600 Page 3 of 2 166760