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HomeMy WebLinkAbout04-26-2021 Grant of Permanent Easement for Public Drainage and Utility Purposes - 1920/26 Fagerness II 111111111 I 11111111 II II LAND TYPE Torrens (T) DOC NUM 5849938 Certified, filed and/or recorded on Jun 23, 2021 9:23 AM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 122 Pkg ID 2263834E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1496043 This cover sheet is now a permanent part of the recorded document. (Reserved for recording) GRANT OF PERMANENT EASEMENT FOR PUBLIC DRAINAGE AND UTILITY PURPOSES GEORGE C. DAUM and NORA K. DAUM, husband and wife ("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 OF ORONO, a Minnesota municipal corporation,the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes on, across, under and through the land situated in the County of Hennepin, State of Minnesota, legally described on the attached Exhibit "A" and depicted on the attached Exhibit "B" (the "Easement Property"), subject to the restrictions set forth in this easement. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Property at all reasonable times, with advance notice to Grantors when reasonable to do so, to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems across, on, under, and through the Easement Property, together with the right to grade, level, fill, drain, and excavate the Easement Property; provided, however, that the City will, upon completion of its work, backfill and restore any excavated areas, and the further right to remove trees, bushes, undergrowth, and other obstructions reasonably interfering with the 1 213266v1 location, construction, and maintenance of said public drainage and utility systems, subject to the following: 1. Any physical alterations of the Easement Property that are visible from exterior, including any grading of the property, shall be approved by the Grantors, or their successors, heirs and assigns, which consent shall not be unreasonably withheld. 2. The City shall repair any damage to the Easement Property caused by the City or its contractors, agents, servants, and assigns. The above-named Grantors, for themselves, their successors, heirs and assigns, do covenant with the City, its successors and assigns, that they are well seized in fee title of the Easement Property; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the Easement Property other than as described on Certificate of Title No. 1496043; and they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF,the Grantors hereto have signed this easement this 9 L day of APeiL , 2021. GRANTORS: GeorgenC. Daum Nora K. Daum STATE OF MINNESOTA ) as COUNTY OF 4. o c\ ) The foregoing instrument was acknowledged before me this 1LA day of Ary , 2021, by George C. Daum and Nora K.Daum,husband and wife. 2 213266v1 , . O - Notary 'ublic ALICIA A JOHNSON THIS INSTRUMENT WAS DRAFTED BY: NOTARY PUBLIC-MINNESOTA CAMPBELL KNUTSON 441' MY COMMISSION EXPIRES 01/31/25 Professional Association Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 SMM 3 213266v1 EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A 10.00 foot wide permanent easement for drainage and utility purposes on, under, across and through that part of the hereinafter described PARCEL B, according to Certificate of Title No. 1496043 on file and of record in the office of the County Recorder,Hennepin County,Minnesota: PARCEL B: Par 1: All that part of Lot 27,Fagerness lying North and East of a line described as follows: Commencing at a point on the Southeasterly line of Under the Linden Avenue which said point is marked by a judicial monument, a distance of 175 feet Northeasterly along said Avenue from the Southwest corner of said Lot 27; thence bearing South 34 degrees 14 minutes East a distance of 69.00 feet to a point marked by a judicial monument; thence continuing on an extension of said line to the shore of Lake Minnetonka and lying South and West of a line described as follows: Commencing at a point on the Southeasterly line of Under the Linden Avenue a distance of 100 feet Northeasterly along a straight line bearing North 35 degrees 00 seconds East from the beginning point of the Southwesterly line of this tract heretofore described; thence bearing South 37 degrees 55 seconds East to the shore of Lake Minnetonka. which lies 5.00 feet on each side of a centerline described as follows: Commencing at Meander Corner No. 7, Section 17, T. 117,R. 23,Hennepin County,Minnesota; thence on an assumed bearing of North 00 degrees 17 minutes 07 seconds East along the west line of the Northwest Quarter of said Section 17 a distance of 146.97 feet; thence South 89 degrees 42 minutes 53 seconds East a distance of 355.40 feet to the POINT OF BEGINNING of the easement centerline to be described; thence South 48 degrees 12 minutes 03 seconds East a distance of 105 feet,more or less, to the shoreline of Lake Minnetonka and said centerline there terminating. The sidelines of said easement shall be extended or shortened as necessary to terminate at the public road right-of-way and Lake Minnetonka,respectively. Subject to easements &restrictions of record, if any. Property address: 1920 Fagerness Point Road, Orono, MN PID No. 17-117-23-23-0031 Torrens Certificate of Title No. 1496043 4 213266v1 • EXHIBIT "B" TO GRANT OF PERMANENT EASEMENT t . • / kiV .” P.0.8 S 89'42'53"E 355.40 ___ / Q .< _-1_-- --* - --�- -- - EY. 1`' '� �� o �p�•1,�ti1 m a M \ / tig Q 1 a 3 a v4 5 -' ,l0.4)* ri V / `��.spa au2 ''s z' / / V �- 5 8 ENPv� OC: Z �+ / ����NgbS� Q P 55P'S. />/ JNCj` �`. AGES X233 SP e\�cR • • 1 S ,�` i ��JNRQ�i --- 0.,00: 19`g10'1� Q0�'�Qy�S/a�e�'�e� y. tJF SFS PQQ�°6akeo� ---e-7----HENNEPIN CO. O-. ' oc MC#7,SEC. • SW COR. . . 17.T117,R23 LOT 27 ,/ -f / • LEGEND ° isi_� so NENNIIIIi O� 1I.M MONUMENT FOUND SCALE IN FEET • MONUMENT FOUND PARCEL A. PARCEL B El PROPOSED DRAINAGE&UTILITY EASEMENT 1UM 926URT G 'PARCEL A EASEMENT AREA=142 SQ.FT.± GEORGE EC. NESS PITA K. D. WAY FAGERNESS POINT RD. *PARCEL.B EASEMENT AREA=679 SQ.FT± WAY FA A,MN POINT RD. WAYZATA,MN 55391 WAYZATA,MN PID: 1711723230016 P1D: 1711723230031 CERTIFICATE OF TITLE NO.1479904 CERTIFICATE OF TITLE NO.1496043 ' ©Bolton&Menk,Inc 2021,All Rights Reser.ec EASEMENT EXHIBIT PART OF LOT 27,BLOCK 1,FAGERNESS PERMANENT STORM SEWER HENNEPIN COUNTY.MINNESOTA eig-EN.OTON �638 CIIASHADOW KAM NNESOTA 553128 FOR: CITY OF ORONO (952)448-8838 SHEET 1 OF 2 5 213266v1 MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT EASEMENT ASSOCIATED 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 Grant of Permanent Easement for Drainage and Utility Purposes,which Mortgage is dated September 23, 2019 and recorded December 6, 2019 as Hennepin County Document No. T05668523, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. Dated this 3 i2.bday of M9 " , 2021. ASSOCIATED BANK N.A By: tO LIMI'_��w a L •rint name] Its: Maier411400 'tle] FFA ory/ STATE OF UU(SCci I5% icnwEs )ss. 'yys COUNTY OF i1 E_ ) h��F 110; co c_,\-\ The foregoing instrument was acknowledged before me this da of dict 2021, by 1\jai,1G cvtriym , the prt>soen of ASSOCIATED HANK N.A.,a corporation organized and existing under the laws of the United States of America, on behalf of said entity. Notary Public cznhivt f4 L- /q 93 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON,P.A./SMM Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 6 213266v1