HomeMy WebLinkAbout05-11-2020 Permanent Easement Agreement No delinquent taxes
Transfer Entered
Mar 20, 2026 3:44 PM LAND TYPE Abstract (A)
DOC NUM 11448607
Hennepin County, Minnesota Certified, filed and/or recorded on
Daniel Rogan Mar 20, 2026 3:44 PM
County Auditor and Treasurer
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 125 Pkg ID 2888336E
Document Recording Fee $46.00
Document Total $46.00
PID(s)
02-117-23-22-0009
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on March 9, 2026.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
stine Lust , City Clerk
(reserved for recording
PERMANENT EASEMENT AGREEMENT
h
This agreement ("Agreement") is made this 1 1 day of May, 2020, by and between
THEODORE BONNETT and ALLISON BONNETT, spouses married to each other
("Grantors") and CITY OF ORONO, a Minnesota municipal corporation ("City") collectively
the "Parties".
AGREEMENT
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, its successors and assigns, forever, a permanent easement for right of way purposes over,
across, on, under, and through land situated within 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 easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said right of way 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 right of way easement. The City shall perform and be
responsible for the costs of all construction, reconstruction, inspection, repairs and maintenance,
including resurfacing, cleaning,clearing,and snow and ice removal. The City agrees not to assess
the Grantors or the owners of any property adjacent to the easement premises for any costs
Page 1
209049v2
associated with the initial construction of the right of way. The City grants Grantors a license to
install and maintain landscape improvements within that portion of the City right of way adjacent
to property owned by Grantors provided such improvements do not interfere with the use of the
right of way by the City or its designees.
The above named Grantors,for themselves,their heirs, successors 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 Grantor hereto has signed this agreement this
day of , 2020.
[Remainder of page intentionally left blank.
Signature pages follow.]
Page 2
209049v2
CITY: CITY OF ORONO
By: IPA/$d*
1 AO
D- • • Walsh, Mayor
(SEAL)
By: -
Justin Rief, Citydmincei
istrator
STATE OF MINNESOTA )
) .ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this // day of May, 2020, by
Dennis Walsh and by Dustin Rief,respectively the Mayor and City Administrator of the City of
Orono, a Minnesota municipal corporation, on b half of the corporation and pursuant to the
authority granted by its City Council.
(Y)/fl `—
Notary Public
l�.t'Y.rf././,/f!!!!!!!!IJl../.../✓,,,ill:
ANNA MARIE CARLSON t
NOTARY PUBLIC-MINNESOTA R
z'y SY,
:� My Commission Expires Jan.31,202
DRAFTED BY:
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
952.249.4600
Page 4
209049v2
GRANTORS:
Rm�^Afttd-
Allison Bonnett
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBi JRNE )
The foregoing instrument was acknowledged before me this day of > '
2020, by Theodore Bonnett and Allison Bonnett, spouses married to each other, Grantors.
JEFF PETERSON Notary public
NOTARY PUBLIC • MINNESOTA
MY COMMISSION E%PIRES 0113112025
EXHIBIT "A"
TO
PERMANENT EASEMENT AGREEMENT
PERMANENT RIGHT-OF-WAY EASEMENT
ORONO ORCHARDS
PART OF LOTS 58 & 59
EASEMENT DESCRIPTION:
A permanent easement for public right-of-way purposes over, under and across that part of the
hereinafter described PARCEL A, lying within the circumference of a circle having a radius of
50.00 feet which passes through two points on a chord. The ends of said chord are defined as
being the most easterly corner of said Parcel A and a point on the southwesterly right-of-way line
of Smith Avenue(60.00 feet,Public)being distant 97.98 feet northwesterly from said most easterly
corner.
The center of said circle is the northeasterly point of intersection of circles drawn at respective
ends of said chord each having a radius of 50.00 feet.
Subject to easements and restrictions of record, if any.
PARCEL A: (per Warranty Deed Document No. A10440527)
Lots 57, 58, 77, 78 and that part of Lot 59 lying northwesterly of a line parallel with and
17.00 feet southeasterly of the northwesterly line thereof, ORONO ORCHARDS,
EXCEPT that part of Lot 77 which lies southeasterly of a line parallel with and 17.00 feet
northwesterly of the southeasterly line thereof, Hennepin County, Minnesota.
Page 5
209049v2
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
I V
S89'O4'S5'E 1296.32 EASEMENT DESCRIPTION:
NORTH UNE,SECNON1,,T.117,R.13 // \;
:sr--
,
//
NWCOR \ // A permanent easement for public right-of-way purposes
/ over,under and across that part of the hereinafter
SECiiON1, // / \` / described PARCEL A,lying within the circumference of a
1117,R.13 / „/- s`u, circle having a radius of 50.00 feet which passes through
// ' \u, two pints on a chord.The ends of said chord are
`0, defined as being the most easterly comer of said Parcel
// / `,,,, \ and a point on the southwesterly right-of-way line of
/ F \ Smith Avenue(60.00 feet,Public)being distant 97.98 feet
/`1 - `Tg northwesterly from said most easterly comer.
9\\gyp ip
\ '0 \� // The center ofsaid clrdeisthe northeastedypoint of
(---.'..
\ ,.,.
4\ \ / intersection of circles drawn at respective ends of said
r�a� r \ / chord each having a radius of SO.W feet.
eln
\ A / So.00
54t95'48'E Subject to easements and restrictions of record,0 any.
�E1
CO ,',
//E/ fNDDFPAR(EEA IperWarranlyDeedfbcumentNo.A104405211
PP1
\ BORNPADIU$ Lots 57,SB,A,18 and that part of lot 59 lying northwesterly
\ // & IrRANE' 1ti POINT \ ofalineparallelwithand11.00feetsoetheasterlyofthe
$ N1 9 \ northwesterlylrlethereof,ORONOORCHARDS,EXCEPT that
\ f j/, ��i12,p3.2q'� •'47 9v':s `, N19'2'S6'W partoflotliwhichliessoutheasterlyofalirepaallelwth
0 e,o• rY
and 11.00feet northwesterly ofthe southeasterly line
/ 0,6 \ / ;; pD \ 9ooP� l�,y /V thereof,HennepnCounty,Minnesota.
�/''''\ 0 \ / D1S9
l/ \ / C4Ft' .,rp6V lA 1.
\ {J / �,
5.0 P4
11• N10 EN?.tE (9 \\ LEGEND
\ 'Df 1� �� 9
G O VrIRON PPEMONUMENT SET MARKED BYUCNO.43810
\\ �O� \ 11,0 / .G59,
IL`,(NMONUMENT FOUND
.�} 2 @ HENNEPIN COUNTY MONUMENT FOUND
A \ 7 \ ,�'\ / V PROPOSED RIGHT-0OF
el \ t /
/
D \ O i SURVEYOR'S CERTIFICATION
90 \ Ihereby cedifythat this survey,plan,orreport was prepared
0 SO
by me a under nay direct sup nisionaidthatIamaduly
�n \ / \ / UcensedLand Surveyor under theWvrsofthestate of
El _ \ U \ / \ / Mirmesola.
SCALE IN FEET \ \ / \ / i//
r:- 03/23/1020
Edward1 Rock I Date
rxense Number 43810
EASEMENT EXHIBIT PARrortoTs58&s9
/�p SMITH AVENUE,ORONO,MN ORONO ORCHARDS
1 III 1 BOLTON HENNEPIN COUNTY,MN
BEARINGSAREBASEDONTHEMND.O,T.,HENNEPIN (� 2638SNADOW'NESOTAmhB
COUNTY COORDINATE SYSTEMINAD83,U.S.FOOT) MENK C 1403,MIN�N&E A55318 POq,pn ORONO
4301ton&Menk,Ire 2020,All Rghts Reserved
H:\ORNO\C13119315`fD\GD\MI5C-119315ESMT45SMITH SWROW.*3/23/202012:28PM wONUMBER:119315 HELD BOOK DRAWNRY:EJR
209049v2
MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
WELLS FARGO BANK, N.A., a corporation organized and existing under the laws of
the United States of America, which holds a mortgage on all or part of the property more
particularly described in the foregoing Permanent Easement Agreement, which mortgage was
recorded on May 22, 2017 as Document No. A 10440528 with the office of the County Recorder
for Hennepin County, Minnesota, for good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged, does hereby join in, consents to and subjects its interest in the
property subject to the foregoing Grant of Permanent Easement.
WELLS FARGO BANK,N.A.
By:
[print name]
Its_ [title]
And
[print name]
Its_ [title]
STATE OF )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2020, by and , respectively
the and of Wells Fargo
Bank,N.A., a corporation organized and existing under the laws of the United States of America,
on behalf of said entity.
Notary Public
DRAFTED BY:
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
952.249.4600
209049v2