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HomeMy WebLinkAboutCC packet 12-14-15Jeremv Barnhart From: Jacob Barkley Sent: Monday, December 14, 2015 9:53 AM To: Jeremy Barnhart; Jacob Barkley Subject: Bayside Road Property Jeremy - I wanted to drop you a quick note so that you could have this in writing for your meeting tonight. You and the council should know that we have met with the owners of Lot 3 and Lot 4 Riedel Blk 1; and they both are in agreement and support our proposed transaction. They are the neighbors with whom we currently share a dock and whom have easement over Lot 16 Blk 3 and Lot 1 Blk 3 respectively. They will both benefit from all the same easements in the future, "post -transaction." Please feel free, as always, to call or email with any questions or concerns. Thanks in advance for your work on this matter. Best Regards, Jake Barkley Jake Barkley 612.598.9895 December 10, 2015 Mr. Jeremy Barnhart Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Application to Purchase City -Owned Parcel Adjacent to Stubbs Bay Mr. Barnhart: This is a follow-up to my December 3, 2015 letter to you regarding my purchase of the Subject Property (as referred to in my earlier letter). After I sent my earlier letter, you suggested that the City would favor the small, neighboring parcel of land I own — with PIN 05-117-23-24-0023 (the "Small Parcel") — also being part of this transaction. If I transferred the Small Parcel to the City, it would help the City further resolve the confusing title issues in the area. It would also eliminate the problem of the Small Parcel breaking up the City's contiguous ownership of all the land in the boxed area shown on the attached map, bordered by Stubbs Bay and the Park Street and Bayside Road rights -of -way. Upon considering the matter, I am agreeable to 1 addition to granting the easements referred to in accepts my $25,000 offer for the Subject Property. the City, without separate compensation, because neighbor and I have with this transaction — to bri issues in this area near Stubbs Bay. xansterring the Small Parcel to the City, in my December 3rd letter, provided the City I am willing to convey the Square Parcel to it furthers the mutual objective the City, my ng clarity to the ownership, access and title Please let me know if you have any questions or need further information. Sincerely, Jake Barkley 612.598.9895 Enclosures: Map f z 40 40 0 co U) .� • r6 �+ CD 0I L r.s � . r QD �Y M `/' Co '♦ 1 r� IV 0 f a 40 as fff 13 40 CD cn A �I CAW f O/F0 ,niW 292.87 %woo C* cn �--� 270,45 jam\ 50 CD — w M 0CD � rn LL] EM y w 259.55 NORTH 50 W CD LLB C 0 G) ro C December 3, 2015 Mr. Jeremy Barnhart Community Development Director City of Orono 2750 Kelley Parkway Orono, MN 55356 Re: Application to Purchase City -Owned Parcel Adjacent to Stubbs Bay Mr. Barnhart: As was discussed at the November 23, 2015 City Council meeting, I am applying to purchase a City -owned parcel adjacent to Stubbs Bay. This letter provides information on the parcel I want to purchase, the offered purchase price and the easements I will grant to a neighbor and the City in connection with the purchase. Parcel to Be Purchased. The parcel I am seeking to purchase is legally described as Lot 2, Block 3, Bay View Park and is labelled on the attached lot map (Exhibit A). Most of this lot is underwater. The approximate portion of the Lot currently above water is the sliver of land labeled as the "Subject Property" on the tax -parcel map attached as Exhibit B. As you may recall, I own the adjacent parcel of land to the north, which is identified on this tax -parcel map as the "Adjacent Parcel". I am proposing to purchase all of this Lot 2, not just the portion above water, for two reasons: (1) to avoid the need to develop a metes and bounds legal description for where this Lot meets the water's edge of Stubbs Bay; and (2) to avoid a future scenario where a fall in the lake level would cause the parcel I purchase from the City to no longer abut the shoreline — the same problem I am seeking to solve with this purchase. Moreover, given the scenic easement I am willing to grant the City over all of Lot 2 (described below), the City is assured I will not use any portion of Lot 2, which may in the future be above the waterline, for any purpose other than having a dock. This Lot 2 is subject to Certificate of Title No. 487505 (Exhibit Q. The state acquired the property in 1937 by tax forfeiture. The City acquired the property from the state in 1979 by deed (Exhibit D). As we have discussed, the restrictive covenants associated with that deed expired under Minnesota Statute 282.01. Offered Purchase Price. I am willing to pay the City $25,000 for Lot 2. I arrived at this number by looking at the current estimated market value (according to the Hennepin County Assessor) of the Adjacent Parcel, which is $25,000. The Adjacent Parcel and the portion of Lot 2 above water are approximately December 3, 2015 Page 2 the same size (617 sq. ft. and 615 sq. ft., respectively) with approximately the same dimensions, again according to the Hennepin County Assessor. The use of the market value of the Adjacent Parcel as a comparable seems a fair, efficient and reasonable way to arrive at the purchase price for Lot 2, particularly given that I will be granting the easements described below and returning Lot 2 to the tax roll. Easements to Be Granted. In connection with the purchase, I am proposing to grant two easements over Lot 2. The first will be a scenic easement granted to the City limiting the improvements on the Lot to a dock and dock -related improvements. I have attached a proposed form of scenic easement (Exhibit E). The second easement is to my neighbor James and Valerie Seals who live at 3620 Eileen Street. This easement's purpose is to provide the Seals the right to have a dock on the west half of Lot 2. I am doing this because the Seals are largely in the same position I am. By virtue of Document 1154647 (Exhibit F), the Seals have the right to install a dock on the west half of the Adjacent Parcel. I have attached a draft of the easement document for the Seals. (Exhibit G) I have spoken with Victoria Seals and she is supportive of the idea. (Note, based on my property records research, no party other than the Seals have a dock easement over the Adjacent Parcel.) I would like to get this matter on the agenda for the December 14, 2015 City Council meeting. Please let me know if you have any questions about my application or need any additional information to from me. I look forward to hearing from you. Sincerely, Jake ar y 512.59 •9895 Enclosures: Lot Map (Exhibit A) Tax -Parcel Map (Exhibit B) Certificate of Tittle for Lot 2 (Exhibit C) State Deed (Exhibit D) Draft Easement to the City (Exhibit E) Document 1154647 (Exhibit F) Draft Easement to the Seals (Exhibit G) (13) EXHIBIT A 220,38 4F s LIAX Lot omod by thu Sods ST - 13-%3. 40 rr cc �y �lv -11221- Lot owned by the Ea-rk-leys 7^ N 69 0 454 W-61 ,;VO; 4 o% 0 1 133.21a'. , 199.7 'A 2 3- A& R,4 196 K4 or 'I; 135 yt EXHIBIT A DESCRIPTION OF THE PURCHASED PARCEL Lot 2, Block 3; Bay View Park, Hennepin County, Minnesota This instrument was drafted by: Best & Flanagan LLP (TGG) 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402 (612) 341-9717 EXMBIT A DESCRIPTION OF GRANTEE'S PROPERTY Lod 4, Block 1, Riedel Company Stubbs Bay Addition, Hennepin County, Minnesota. 912mS HemmOn Caddy 61S- WrtaNe Map EXHIBIT 315.97 NOM ! 11E.rs ,Ref l 320,47 Ir* e 3M.42 1•W SN"54�11"E 70 1 .U1 •:. w3 NBV35'41"W 133,25 �' ! sea1799..�78 " _ \2 is AQ 15 3d 3,;" .13 ; 4 ,Porii©n of Lot 24 y=t is above the NOTES: : Map Scale: 'I'm ME W4*J/gisxemWnmdPrapolyA ririld Wtasp llC=451415.7330M99"980980AM92DUL=B&T=roKwmWeBV1sm01 g0,0,0,0,Q0,0,Q0 V2 DESCRIPTION OF GRANTOR'S PROPERTY Lot 1, Block 1, Riedel Company Stubbs Bay Addition, Hennepin County, Minnesota. Lot 1, Block 3; Bay View Park, Hennepin County, Minnesota, which lies Southerly of a line 33 feet Southerly of, measured at right angles to and parallel with a line hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Northeast corner of the Northwest Quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said "line A"; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet; thence Westerly tangent to said curve to the West line of the Northeast Quarter of the Southeast Quarter of said Northwest Quarter, and there ending. Lot 2, Block 3; Bay View Park, Hennepin County, Minnesota 8 DESCRIPTION OF THE SHORELINE PARCEL AND THE MIDDLE PARCEL Shoreline Parcel Lot 2, Block 3; Bay View Park, Hennepin County, Minnesota. Middle Parcel Lot 1, Block 3; Bay View Park, Hennepin County, Minnesota, which lies Southerly of a line 33 feet Southerly of, measured at right angles to and parallel with a line hereinafter referred to as "Line A", said "Line A" being described as follows: Commencing at the Northeast comer of the Northwest Quarter of Section 5, Township 117 North, Range 23 West of the 5th Principal Meridian; thence South along the East line of said Northwest Quarter a distance of 1400.28 feet; thence deflecting left 64 degrees 30 minutes a distance of 143.32 feet to the point of beginning of said "line A"; thence deflecting right 180 degrees along said "Line A" a distance of 100 feet; thence along a tangential curve to the left having a radius of 500 feet and central angle of 22 degrees 30 minutes a distance of 196.35 feet; thence Westerly tangent to said curve to the West line of the Northeast Quarter of the Southeast Quarter of said Northwest Quarter, and there ending. This instrument was drafted by: Best & Flanagan LLP (TGG) 60 South Sixth Street, Suite 2700 Minneapolis, MN 55402 (612) 341-9717 0 Certificate of Title Certificate Number: 487505 Transfer from: 275578 Originally registered December 4, 1911 Volume: 19, Certificate No: 6039, District Court No: 854 State of Minnesota County of Hennepin S.S. Registration EXHIBiT C This Is to certify that Minnetonka Land and Improvement Company a Minnesota Corporation , whose address is Minnesota is now the owner of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: Lots 1, 2, 3, 4, 13, 14 and 15, Block 1; Lots 2, 3, 4, 14 and 15, Block 3; Lots 3, 4, 5, 6, 7, 8, 9, 10 and 11, Block 5, AN in "Bay View Park". Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 506, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment for which a sale of the land has not been had at the date of the certificate of title; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights In public highways upon Cho land; S. Such right of appeal or right to appear and contest the application as Is allowed by law; 6. The rights of any person in possession under dead or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. Memorials Document Date of FliingMonth Day, Number Document Type Year Time Amount Runn Ing in Favor Of T133493 Tax Certificate Jun 18, 1937 11:30 AM State of Minn. L fi, B fi, sd Park T133494 Tax Certificate Jun 18. 1937 11:30 AM State of Minn. L 2, B 1, sd Park T133495 Tax Cerkifcats Jun 18, 1937 1110 AM State L 3, B 11 Minn. of , sd Park T133496 Tax Certmcate Jun 18, 1937 11:30 AM State of Minn. L 4, B 1, sd Park T133497 Tax Certificate Jun 18, 1937 11:30 AM Stte of Minn. L 13, B 1, sd Park T133498 Tax Certificate Jun 18, 1937 11:30 AM State of Min. L 14, B 1. ad Park T133499 Tax Certificate Jun 18, 1937 11:30 AM State at Minn' L 15, B 1, sd Park 7133502 Tax Certificate Jun 18. 1937 11:30 AM state of Minn. L 2, B % sd Park Tax Certificate Jun 18, 1937 11:30 AM StaT133503 , Minn. L 3, B 3, sd Park Certificate Number: 487505 This is a non-certifled copy Page 1 of 2 T133504 Tax Certificate Jun 18, 1937 11:30 AM State of Minn. • L 4, B 3, ad Park. T133505 Tax Certificate Jun 18, 1937 11.30 AM State of Minn. L 14, B 3, ad Perk T133506 Tax Certificate Jun 18, 193711;30 AM State of Minn. L 15, B 3, ad Park T133510 Tax Certificate .fun 18,193711:30 AM State of Minn. L 3, a 5, ad Park. T133511 Tax Certificate Jun 18, 1937 11:30 AM State of Minn. L 4, B 5, ad Park. T133512 Tax Certificate Jun 18, 1937 11:AM State of Minn.30 L 5, B 5, ad Park. T133513 Tax Certificate Jun 18, 1937 11-.30 AM State of Minn. L 8, B 5, ad Park. T133514 Tax Certificate Jun 18, 193711:30 AM State of Minn. L 7, B 5, ad Park. T133515 Tax Certificate Jun 18. 1937 11:30 AM State of Mirm• L 8, B 5, ad Park. T13.'3516 Tax Certificate Jun 18, 1937 11:30 AM State of Minn. L 9, B 5, ad Park. T133517 Tax Certificate Jun 18, 193711:30 AM State of Minn. L 10, B 5, ad Park. T133518 Tax Certificate Jun 18, 1937 11:30 AM State of Minn, L 11. B 5. ad Park. T1335103 State Deed Jun 22, 1979 12:00 PM The City of Orono, a Government Subdivision to be used exclusively for park & recreation. T,s545283 Highway Plat Nov 17, 2008 3:00 PM Hennepin County State Aid Highway Number 84, Plat 91. As directed by Resolution Doc No 979240. Indexes Verifier! through 911712015 In Witness Whereof, i have hereunto subscribed my name and affixed the seal of my office this 24th day of January, 1973. Wayne A Johnson Registrar of cities, In and for the County of Hennepin and State of Minnesota. Certificate Humber: 4137505 This is a non -certified copy Page 2 of 2 i 103 EXHIBIT D 4fuma I STATE 'IFF'.liii3rc'sT4 DEPAPTHMIT OF nE1'CILIF. M-4VEYAHCE OF FORFEITED LNII)S 5 Issued pursuant to Minnesota Statutes, Section 232.01, Subdivision 1, I i THIS iNENTURE, made this 13th day of April, 1979. between the State of Minnesota as party of the first part, and The City of Orono, a roVernmental Subdivision, as party of the second part, VITHESSETH: WHEREAS, the land hereinafter described was duly forfeited to the State of !iinnesota for the nonpayment of taxes, and, WEREAS. Pursuant to Minnesota Statutes, Section 282,01. Subdivision 1, the party of the second pert has applied to the Commissioner of Revenue for the conveyance of lands hereinafte described to be used by it exclusively for park and recreation, and, WHEREAS, the Board of County Connissioners of the County of Hennepin, State of Minnesota has recommended to the Commissioner of Revenue by resolution adopted on the 6th day of February, 1979, that such conveyance be made. subject to the conditions hereinafter made, NOW. THEREFORE, The State of Minnesota. pursuant to said laws and in consideration of the premises, does hereby grant, bargain, sell and convey unto the party of the second part, forever, all the tracts or Parcels of land lying and being in the County of Hennepin. State a Minnesota, described as follows. to -wit: 1 Block 4 '. Lot 4, Block 7 Baidur Park Crystal Bay View 38-41860-5B00 38-42190-3B6D P; hoT UQ• j.. Lots 1 to 15 incl. \ Lot S, Block 7 Block 1 Crystal Bay View Bay View Park 38-42180-3900 'Is 38-41920-100 to 1300 % Lot 3, Block 5 s Lots 1 to 15 incl. Forest Lake Park )lY Block 2 38-42260-4800 ` Bay View Park ` 38-41920-1700 to 3100 Lot 4, Block 5 Forest Lake Park, Lots 2 to 15 incl. 38-42260-SM Block 3 Bay View Park Lot 5, Block 5 +,. 38-41920-3300 to 45M Forest Lake Park s, 38-42264-SS200 :i \ Lots Block l4 to 15 incl. ` t, , r Bay View Park Lot 67 #ighwood, Lake Minnetonka '. .38-41920-4800 to 6200 38-42300-6600 r .i \ Lots 3 to 13 incl, Block 5 Bay View Park 38-41920-SW to 7500 -_Lots 1 to 15 incl. Block 6 Bay View Park 33-41920-7000 to 9300 TO KNVE +1HO TO HOLD THE SNIE, together with all the hereditaments and appurtenances thereunto belon0inj or in anywise anpertainin-l1, to the said party of the second part so lone as it shall continue to use said land for the purposes aforesaid, and 11;on condition that if such use shall cease said land shall revert to the party of the first part as provided by law. 'la Deed Tax will i+e payahle on this conveyance. 103 III TESTIMONY MEP.EOF, the State of Minnesota, Part, of the first part, has caused this deed to be executed in its none 1n the City of St. Paul, RamS@y County, M nnesota, the day and year first above written. In Presence of. STATE OF afl1FIE5nTA CLYDE E. M. neo Commissioner of Revenue Revenue fly: �l STATE 7F MINHESOTR) ss. County of Ramsey l On this 13th daffy of April, 1979, before ale personally appeared 9E!NIIS d. CRt10, Assistant Cowruissioner of Revenue of the State of Minnesota, to me kmam to be the person who executed the foregoing conveyance in behalf of the State of Ifinnesota, and acknowledged that he executed the same as the free act and deed of said state pursuant to the statutes in such case made and provided. IMS INSTRUMEW 4'M DRAFTFD BY R THE OOMMMSIONER OF REVENUE STATE OF P. INNEW A DEPAHTMFNT OF RIYEMUE ST. PAUL. MINNESOTA b5145 y.�.� �.,.. ,.................. PATMIA SCrMM s,. nawp i'mg, $I'", Of.. ev"& A�� Lcrm 4 qU" may s, 19a2 �7,iyW Y+• • i . e I. • rW Tax Shumb"tt *or feral Proparl f- ed IWft shelf be sent to; E aRA DR � a A1n tl�. pins 1�'A@M'!t,'E lillj MINK. J1lN�r&'`7L 1/979 gS ��s�MOM �„oepuO6 M a.V ••.I1 M}W, s 44Rtf343 -ea ft"ie. The MY of Orono 3c/ TAAe llson.4 3 Cty iter Orono, T10111 s M8 wwarl"caukity. rtailtavKt� ears 1971 JUN 25 IN 8', 03 .M,44 SIM C.j O.A T t5zo 1W.D MORA= A RED FEV COPY KFFE—Z.L-T .1P pio$ ""01 " .: . lo- - i-ozood* EXHIBIT E SCENIC EASEMENT DECLARATION THIS SCENIC EASEMENT DECLARATION ("Declaration") is made this day of , 201_, by Jacob J. Barkley and Maureen L. Barkley, as joint tenants (collectively, "Declarant"). WHEREAS, on or about the date hereof, Declarant purchased that certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the "Purchased Parcel") from the City of Orono, a Minnesota municipal corporation (the "City"); WHEREAS, as a condition of the sale of the Purchased Parcel by the City to the Declarant, the City requires that the Declarant grant the City a scenic easement on the terms and conditions set forth herein; and WHEREAS, Declarant is willing to grant such an easement to the City on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing, and for other valuable consideration the receipt of which is hereby acknowledged, Declarant declares, establishes, agrees and covenants as follows: 1. Grant of Easement. Subject to the terms and conditions herein, Declarant hereby grants and coveys to the City a perpetual scenic easement over the Purchased Parcel for the purpose of preserving the visibility of Stubbs Bay from Bayside Road, a public right-of-way, by limiting the permanent improvements and structures that may be erected, constructed, maintained, replaced or repaired on the Purchased Parcel to the following: private boat docks and other improvements and appurtenances related to such docks or in furtherance of the use of such docks. Any such docks, improvements and appurtenances shall be erected, constructed, maintained, repaired, and replaced in accordance with applicable ordinances, laws and governmental regulations governing or otherwise affecting the Purchased Parcel. 2. Covenants Run With Land. The terms and provisions of this Declaration shall run with the Purchased Parcel, and shall be binding upon and inure to the benefit of the Declarant, their successors and assigns, and the City, its successors and assigns. 3. Rights Reserved. Except for the rights expressly granted herein to the City, all rights in and to the Purchased Parcel are reserved to the Declarant, provided the Purchased Parcel shall be subject to ordinances, laws and governmental regulations governing or otherwise affecting the Purchased Parcel. 4. Miscellaneous. A. Governing Law. This Declaration shall be governed in accordance with the laws of the State of Minnesota. B. Amendment and Waiver. This Declaration may not be modified, waived or terminated except pursuant to an instrument in writing signed by the Declarant, their successors or assigns, and the City, its successors or assigns. C. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of all or any portion of the Purchased Parcel to the general public or for any public use or purpose. D. Section Readings. The section headings in this Declaration are inserted for convenience of reference only and shall not in any way affect the meaning or construction of the Declaration. E. Severability. If any term of this Declaration or any application thereof is invalid or unenforceable, the remainder of the Declaration and any other application of such term shall not be affected thereby. F_ Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of the Declaration. [SIGNATURE PAGE(S) ATTACHED] 2 IN WITNESS WEEREOF the undersigned executes this Declaration as of the date first above written. DECLARANT: JACOB J. BARKLEY MAUREEN L. BARKLEY STATE OF MINNESOTA ) } SS: COUNTY OF } This instrument was acknowledged before me on the by JACOB J. BARKLEY. Notary Public STATE OF MINNESOTA } } SS: COUNTY OF ) This instrument was acknowledged before me on the by MAUREEN L. BARKLEY. Notary Public 3 day of , 201� day of 201 , 1647 EXHIBIT F Fam �an"u,u IInneapw. Al. 11546,17 .........., bakusa . J. i'. Riede). and Company, a partnership consisting of John P. Riedel, 0. B. Gilbertson, Arnold 0. Gilbertson and Charles V. Spear a AN taws of the,State of...M.ssA.xa......»..........-__.._.........._... par Y of tRa f 'd Wt' W d � p Vincent K. Hurakwrt of the pert..yr...... :.of the wasad part, i OtinWtM, 2'h40 the said part/ Of the $?a part, fib 0008erohM of the ] to fi in Ace d paid by as add pars )c. Of am mood part ate reaKpi whowt is amwby ae7bMowyedQaot, 7 doer AQsby orant, Awjatni 8edl, and G'mmv wav as saw parA.)t...........of the woo" pant,..'..his..... �... heirs and aeef&a, Y'ormr, aft the hadt.........or pwwL...«.... .of ian4 kibig acid befnlf in the e;ownty of Suds of Jinq�taY desartbdd as fatIMS, to -wit, 3 Lo�j-, Block 1, Riedel Company Stubbs Bay Addition, according to the plat thereof an file of roo rd in the office of the Registrar of Titles in and for said Hennepin County. ►e1 o ether with an awame t for the oxalusiVe benefit of the owner* of said. Lot 4, block Hiadel 0ompatly to s Bay Addition for ingress to ands se from Stubbs Hay and the X ereioa_ n_d maiswtin»enae a one rmalleover+��"I�or73 3edoiibsd""� Property, The Went 1/2 of Sat 1, Block 3,'Bsy View. Park, according to the recorded plat .thereof, which lies Southerly bf a tine j3 feet Southerly of., measured at right angles to r �parailel with, a line hereinafter referred to as "Line A", said "Line A" berme described, as follows, Commencing at the Northeast corner Of'the Northwest quarter of Section , Towneihip 117 North, Range 23 West of the 5th Principal Meridian) tltsexaa South along t7ie Rsat:li,ne of said Northwest quarter a diatanco of-1400.28 feet] thence deflecting left 64 a°dpgxeea 30 minutes a distance of 143.32 feet to the point of beginalug of said 'Line A i 'Vmoe deflecting right 180 degrees along said "Line A" a distance of 100 feat) thence along a tangential curve to the left having a radius of 500 fast and central angle of 22 degree& 30 minutes a distance of 196.35.feet) thence Westerly tangent to said curve to the Woat'lins of the Northeast quarter of the Southeast quarter of said Northwest quarter, and there ending. _ Subject to a SMIC USBUM in favor'of the City of Orono by Quit Claim Dead dat y iuie 3,�1975 and filed July 2, 1975 as Doc. No. 1144484. ViGrantee agrees to pay V2 of the yearly real estate taxes on Lot 1, Block 3, Bay r ew Park. ./' Subject to utility sasemont an shown on the Plat. to *at alit to **Vb *e &am. roosmar wish afL the h&vdU&vw mte and artanantheivulav batorr�ir,�, or En arpubs appertabdaf, to aw said parv$.... ..... af the waved party_,. „aa hetri and 004%6, FOWNr. rend the P of the first pa141 far ftee and its _............ ................,....«..... bf aamersare. g1'aee aoi,enaant wlth the said par0...3'....,.._.of tho second 4" *wQ*, that tt It wait Mfg" bs fee of the UM& air$ pmmfses aferssaf8, sad Aa: $cad rbtu to Neu and WAVV the yi "in macaw and fwmb wformam aced that tee ranee are free from. &a dnmbmbraaaee .. e7[4apt ae aiaesys sttatRda... _ Tax Statements for Real Property described herein, Lotw4, Blockµl,• Risdal 0ampany Stubbs Say Addition,shoulcl be sent to Vincent K. Surnhart, 2022 take Rd, we stat'Ka. 55391 Sta0e deed Ux.due hereon 538. .led the abmw bwlatm d and fraated San& aced prat, in the quW and peamable pa is"itm of the Bald Par&..ic..... 4 the wound pert,. ..hi9«..lesfia and axd4hs, ajaixsi ail pm%pm darafm jr eiaaeav er to aiadiw the U A076 or anal part AoW, subfeat to inoimbransar, if a V, hortat 4olora weantf miL the Bald Park of the 1f*0 part U41 Warrant a" Daft" nr , . TIPIk. In le[stimur "beeeot, a parOV has caused these prmnfg to be axeaw,ttd In fta li�Eiee by3ft...ona. mr, ,.its. xiemdifiae*eomtt-W day and ,year first abase ivri#an. i pEPT, 0 _- .•,1,...,p.WRisdel-........,..r 3 Charles V. §pesaWor zs_ ..... ..... _.�...... j � .___.......-...._ray..•«..« ....... ...,. ;-«. --M ...._........_.:..._ szfl73 W:b 791 DU Otate ofnneta, 04:hta ........_......da9 of........44���h£ .. W .. » ...-»..,. _.._,19%.�..., bsfam rna, a _.... SL ! P�# Q._.._.._.,..._. �. ,. „....„ _, m..wlthin and for said flog Fsplaon¢zN to ma pawmauv -who, bdxjuw kby rare duly .be l e one a�. #ha psxLs►ero.. of the 2 111s nred iu the fers�otn fes&7cmmuv "a that WMbg" eats tudt Ufftel t wlas Sip" and_ssaW ia bAelf of said of gBca.1.I--at..,fiha_.�,.�.,� �.---......and aaki...._............._44isx.Lea..�I.�.�pxsr...........,...._...._�,_�....._..__w..........�art Sam fastavw —s'to he the frea sat and dad of said aaqmodhu. Partnership. No3ary Prbblto . a .» .._W _»-. .. Qeux�q►, xtna. .ifpt at a?! uP4w !upir?e: 4hie xnatraumt pae oaimevrby. . Cherlea M. Spear, attarney at Lap 507 RiOmo±ldd Mr. raLrME j M.- �PEAIi Edina, Un. 55436 NtNN�ryN CouN7Y NbTAl1Y YUY�MINNseeTw %K ppyNN0011 fFlIIM7 IH11t.4. ] Ni Rill 4 9=, A. � � 3 ry EXHIBIT G EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this day of , 201� by and between Jacob J. Barkley and Maureen L. Barkley, as joint tenants (collectively, "Grantor"), and James B. Seals and Victoria M. Seals as joint tenants (collectively, "Grantee"). WHEREAS, Grantee is the owner of certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit A (the "Grantee's Property"); WHEREAS, Grantor is the owner of certain real property located in Hennepin County, Minnesota, legally described on the attached Exhibit B (the "Grantor's Property"); WHEREAS, Grantor's Property consists of three separate parcels of real property: (1) a parcel on which a house is located, which parcel lies north of Bayside Road; (2) a parcel lying southerly of Bayside Road and lying partly above and partly below the waterline of Stubbs Bay (the "Shoreline Parcel"); and (3) a small triangularly shaped parcel lying south of Bayside Road, but northerly of the Shoreline Parcel (the "Middle Parcel"). WHEREAS, the Shoreline Parcel and Middle Parcel are legally described on the attached Exhibit C, WHEREAS, the west half of the Middle Parcel is subject to an exclusive easement for the benefit of Grantee and Grantee's Property for ingress and egress from Stubbs Bay and for the erection and maintenance of one small provide dock, by virtue of Document No. T1154647, filed October 3, 1975 (the "Old Easement"); WHEREAS, the Middle Parcel is separated, in part, from the shore of Stubbs Bay by the Shoreline Parcel; WHEREAS, until on or about the date hereof, the Shoreline Parcel was owed by the City of Orono, a Minnesota municipal corporation (the "City"); WHEREAS, on or about the date hereof, the Grantor purchased the Shoreline Parcel from the City; WHEREAS, in connection with Grantor's purchase of the Shoreline Parcel from the City, the Grantor granted the City a scenic easement over the Shoreline Parcel (the "Scenic Easement") recorded with the Hennepin County Registrar of Titles on or about the date hereof. WHEREAS, Grantee wishes to obtain an easement from Grantor to have the right of ingress and egress from Stubbs Bay over a portion of the Shoreline Parcel and to place a dock on a portion of the Shoreline Parcel; and WHEREAS, Grantor is willing to grant such an easement to Grantee on the terms and conditions set forth hereinafter. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor and Grantee, it is agreed as follows: 1. Grant of Easement. Subject to the terms and conditions herein, Grantor hereby grants and conveys to Grantee the following easements: A. Dock Easement. A perpetual easement over the west half of the Shoreline Parcel (the "Dock Parcel") for purposes of ingress and egress from Stubbs Bay and for the purpose of erecting and maintaining one small private boat dock (the "Dock") on and upon the Dock Parcel (collectively, the "Dock Easement"). B. Access Easement. A perpetual easement over, across and upon the Dock Parcel and the west half of the Middle Parcel for purposes of pedestrian ingress and egress between the public right-of-way for Bayside Road and the shore of Stubbs Bay and for purposes vehicular ingress and egress between the public right-of-way for Bayside Road and the shore of Stubbs Bay as may be necessary for constructing, installing, maintaining, repairing replacing, and utilizing the Dock (collectively, the "Access Easement''). The Dock Easement and the Access Easement shall be referred to herein, collectively and individually, as the "Easements" and the property subject to the Easements shall be referred to as the "Easement Property". The Easements shall be appurtenant to and for the exclusive benefit of Grantee's Property and shall be binding on, enforceable against, and burden Grantor's Property. 2. Restrictions on Use of Easement Property. Grantee agrees that it shall use the Easement Property only for the purposes set forth in Section 1 above, and shall not store or dispose of any hazardous substances on the Easement Property, and shall not use the Easement Property in any manner inconsistent with the Scenic Easement or any ordinances, laws or 2 governmental regulations governing or otherwise affecting the Easement Property. Grantee shall not alter the grade of the Easement Property in any way, and shall not place or construct structures on or within the Easement Property, except a Dock, and shall not install any permanent cover surface on the Easement Property without the prior written consent of the Grantor. 3. Maintenance of the Easement Property. Grantee shall keep any Dock and the Easement Property in a safe, slightly and well -maintained condition. Grantor and Grantee shall otherwise work cooperatively to maintain and landscape the Easement Property. 4. Liability. Except for the willfid or negligent acts or omissions of the Grantor, the Grantee shall indemnity, defend and hold the Grantor harmless from any and all loss, costs, liability, damage, injury or expense, which may arise by reason of any violation of law, ordinance or regulation or by reason of injury to or death of a person, damage to property, or claims of liens that are a direct result of work performed and/or materials or supplies furnished at Grantee's request, arising out of or in connection with the Grantee's use of the Easement Property, or use of the Easement Property by the family members, guests, or invitees of Grantee or trespassers. 5. Duration. The easement rights and obligations set forth herein shall be perpetual unless terminated by the mutual written consent of the parties hereto, or their successors in interest. 6. Taxes. Grantee agrees to pay one-half of the annual real estate taxes and assessments on the Shoreline Parcel and the Middle Parcel. 7. Effect on the Old Easement. The Old Easement shall remain in effect except to the extent of any conflicts between this Agreement and the terms of the Old Easement. This Agreement shall govern to the extent of any such conflicts. S. No Representations or Warranties. Grantor makes no representations or warranties whatsoever that: (i) the Dock Parcel abuts Stubbs Bay without any gaps, gores or intervening strips of land or that the Easements provide legal access to Stubbs Bay from a public right-of-way; (ii) that the Dock Parcel abuts the west half of the Middle Parcel without any gaps, gores or intervening strips of land; (iii) that there is a legal right of ingress and egress between the west half of the Middle Parcel and a public right-of-way; and (iv) that any Dock may be erected and maintained on the Easement Property in accordance with applicable ordinances, law and governmental regulations. 9. Rights Reserved. Except for the rights expressly granted herein to Grantee, all rights in and to the Easement Property are reserved to Grantor. 10, Miscellaneous. A. Governing Law. This Agreement shall be governed in accordance with the laws of the State of Minnesota. 3 B. Amendment and Waiver. This Agreement may not be modified, waived or terminated except pursuant to an instrument in writing signed by the parties hereto, or their successors or assigns in interest. C. Entire Agreement. The parties hereto acknowledge and represent that there are no other agreement or understanding with respect to the easements and rights described in this Agreement. D. Covenants Run With Land. The terms and provisions of this Agreement shall run with the Grantor's Property and the Grantee's Property, and shall be binding upon and inure to the benefit of Grantor and Grantee and their successors and assigns. E. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or declaration of all or any portion of the Easements hereby created to the general public. F. Section Headings. The section headings in this Agreement are inserted for convenience of reference only and shall not in any way affect the meaning or construction of the Agreement. G. Severability. If any term of this Agreement or any application thereof is invalid or unenforceable, the remainder of the Agreement and any other application of such term shall not be affected thereby. H. Exhibits. All exhibits referred to herein and attached hereto shall be deemed part of the Agreement. I. Counterparts. This document may be executed and acknowledged in counterparts, all of which executed and acknowledged counterparts shall together constitute a single document. Signature and acknowledgment pages may be detached from the counterparts and attached to a single copy of this document to physically form one document, which may be recorded. [SIGNATURE PAGE(S) ATTACHED] 4 IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed as of the date and year first written above. GRANTOR JACOB J. BARKLEY MAUREEN L. BARKLEY JAMES B. SEALS VICTORIA M. SEALS 5 STATE OF MINNESOTA j } SS: COUNTY OF ) This instrument was acknowledged before me on the day of by JACOB J. BARKLEY. Notary Public STATE OF MINNESOTA } SS: COUNTY OF } This instrument was acknowledged before me on the day of by MAUREEN L. BARKLEY. Notary Public STATE OF MINNESOTA ) } SS: COUNTY OF } This instrument was acknowledged before me on the by JAMES B. SEALS. Notary Public STATE OF MINNESOTA day of SS: COUNTY OF } This instrument was acknowledged before me on the day of by VICTORIA M. SEALS. Notary Public 0 201_, 201_, 201_, 201_,