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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