HomeMy WebLinkAboutProposal 12-3-15 BarkleyDecember 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 C). 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
6f2.59 •9895
ake barkle landsca es.com
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)
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EXH I BIT A
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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
EXHIBIT A
DESCRIPTION OF GRANTEE'S PROPERTY
Lot 4, Block 1, Riedel Company Stubbs Bay Addition, Hennepin County, Minnesota
08=5 Han -don County QIS- WFAmNe Map
EXHIBIT B
N17AP
le
316.97 wo-w
320 47
8
.A
N'
v .�
30342 7*W 196 01 T�0&._ N89"35
783 861- �S8B'54'11-E 13326
199 78
a85.54!11"E : °' 15 (1 �) S-88.27'50"E
(23)16 1 R_ 1�,
1S ,
'k 2 15 2 1
14 3E
3.�(11$) (117}.14 1
'•.i3 r4 3
•Portion of Lot 22�
'i3'•, � 4
that is above the
NOTES: Map Scale; V-1001k
Mlps.Va.Frwn#nAmPmperty/PirildffWtaspeIC=451415.7330 4A48BG3B0.4M9204&L=8&T=road&D--Uua MS=0,1A.0,0,0.4AO,O,AO
elta
EXHIBIT B
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
EXHIBIT C
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 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.
This instrument was drafted by:
Best & Flanagan LLP (TGG)
60 South Sixth Street, Suite 2700
Minneapolis, MN 55402
(612) 341-9717
�1
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 JL 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,
All 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 508, 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 the land;
5. Such right of appeal or right to appear and contest the application as is allowed by law;
8. The rights of any person in possession under deed 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 FilingMonth Day,
Number
Document Type
Year Time
Amount
-Running in Favor Of
T133493
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L1,B1,adPark
T133494
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 2, 8 1, ad Park
T133495
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 3, B 1, ad Park
T133496
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 4, S 1, ad Park
T133497
Tax Certificate
Jun 18, 1937 11:30 AM
Stte of Minn.
L 13, B 1, ad Park
T133498
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 14, B 1, ad Park
T133499
Tax Certificate
Jun 18, 193711:30 AM
State of Minn.
L 15, 8 1, ad Park
T133502
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 2, B 3, ad Park
T133503
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 3, B 3, ad Park
Certificate Number. 487505 This is a non -certified copy Page 1 of 2
T133504
Tax Certificate
Jun 18, 193714:30 AM
State of Minn.
L 4, B 3, sd Park.
T133505
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 14, B 3, sd Park
T133506
Tax Certificate
Jun 18, 1937 11;30 AM
State of Minn.
L 15, B 3, sd Park
T133510
Tax Certificate
Jun 18, 1937 11;30 AM
State of Minn.
L 3, B 5, sd Park.
T133511
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 4, B 5, sd Park.
T133512
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 5, B 5, sd Park.
T133513
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 6, B 5, sd Park.
T133514
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 7, B 5, sd Park.
T133515
Tax Certificate
Jun 18, 193711;30 AM
State of Minn.
L 8, B 5, sd Park.
T133516
Tax Certificate
Jun 18, 193711.30 AM
State of Minn.
L 9, B 5, sd Park.
T133517
Tax Certificate
Jun 18, 1937 11.30 AM
State of Minn.
L 10, B 5, sd Park.
T133518
Tax Certificate
Jun 18, 1937 11:30 AM
State of Minn.
L 11. B 5, sd Park.
T1335103
State Deed
Jun 22, 197912:00 PM
The City of Orono, a Government Subdivision to be used exclusively
for park $ recreation.
T4545293
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 Verified through 9/1712015
In Wiliness Whereof, I have hereunto subscribed my name and
- '
affixed the seal of my office this 24th day of January, 1973.
iwr
Wayne A. Johnson
Registrar of Titles,
In and for the County of Hennepin and State of Minnesota.
Certificate Number: 487505 This Is a non -certified copy Page 2 of 2
103
f33s'fd 3
STATE OF F ANIESITA 44s:ia4a
nEPAr:T11FilT OF REVENUE
Cll1VEYANC£ OF FORFEITED MIS
Issued pursuant to Minnesota 5tattites, Section 2^w2.O1, Subdivision 1,
EXHIBIT D
THIS INDEHTOP.E, made this 13th day of April, 1979, betaaeen the State of hinnesota as
Party of the first part, and The City of Orono, a Governmental Subdivision, as party of
the second part, WITIIESSETH,
HHEREAS, the land hereinafter described was duly forfeited to the State of Minnesota for
the nonpayment of taxes, and,
YHEREAS, Pursuant to Minnesota Statutes, Section 2n2,o1, Subdivision 1, the party of the
second part 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,
WEREAS, the Board of County Commissioners of the County of Hennepin. State of Minnesota
has recorsnended to the Commissioner of Revenue by resolution adopted an the 6th day of
February, 1979. that such conveyance be made, subject to the conditions hereinafter made,
HO51, 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 o
Minnesota. described as follows, to -wit:
1
i Block 4 Lot 4, Block 7
Balder Park Crystal Bay View
38-4I860-58M 38-42180-3850 '0/� TltiT RzQ. if0
Lots 1 to 15 incl. \ Lot 5, Black 7
Block I Crystal Bay Vioa
Bay View Park 38-42180-3900
38-41920-100 to 15M -
tiLot 3, Block 5
Lots 1 to 15 incl. Forest Lake Park BY
Black 2 38-42260-4800
Bay Yieu Park '
38-41920-170D to 3100 Lot 4, Block 5
' Forest Lake Park.
Lots 2 to 15 incl. 38-42260-SM
f Block 3
Bay View Park Lot 5, Block 5
38-41920-3300 to 4600 Forest Lake Park
' \ Lots 1 to 15 incl. 38-42269-5200
,> Block 4 Lot 67
Bay View Park Mol mod, Lake Minnetonka
;'. 38-41920-4300 to 6200 38-42300-6600
r
• \ Lots 3 to 13 incl.
Block 5
Bay View Park
38-41920-6500 to 7500
Lots 1 to 15 incl.
Block 6
Bay View Park
38-41920-7907 to 9300
TO HAVE ARD TO HOLD THE SA,!E, together with fill the hereditaments and appurtenances
therounto belanginq or in anvralse apnertainin•T, to the said party of the second part so loon
as it shall continue to use said land for the purposes aforesaid, and upon cnn4itien that if
such use shall cease said land shall revert to the party nf the first part as proviJod by
lFw. ',a ;feed Tax ;4111 he- payable rnti this conveyance,
103
TN' TfSTIt'1711Y TIIIEPEOF, the State of Minnesota, part, r.F the first part, has caused this
deed to be executed in its nave in the City of St. Paul, Ramsey Count„ Hinnosota, the day
and year first above written.
In Presence of:
tGti+�-a�_�z rl
STATE 9F t' INNESOTA)
)ss.
County of Ramsey )
STATE (IF MINNESM
CLY7c E. ALLEI!, ,I?,
torn^issioner of f',evenan
On this 13th day of April, 1979, before me personally appcared MIMS a. ER?10, Assistant
Commissioner of Revenue of the State of Hinnesota, to em krewn to be the person who
executed the foregoing conveyance in behalf of the State of Vinnesota, and acknowledged
that he executed the sane as the free act and deed of said state Pursuant to the
statutes in such case -ode and provided.
tH13 1MSTkU :I1:":T WAS ORAFTrD 9Y
THE COMMISSIONER OF REVENUE
STATE Or dSfONNE,501A
DEPARTMENT OF REVUIUE
ST, PAUL, MINPIC5OTA 55145
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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 Headings. 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]
PA
IN WITNESS WHEREOF, 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 day of 201_,
by JACOB J. BARKLEY.
Notary Public
STATE OF NIINNESOTA )
SS:
COUNTY OF )
This instrument was acknowledged before me on the day of , 201_,
by MAUREEN L. BARKLEY.
Notary Public
3
11� EXHIBIT F
w►r,..yb use f Faem X . 7•-K '� " t
G.ro.t.,la, u aa,yene. p'4C�+.0 j�1••L'+-)?J xte.—k ffat��ne Gn,aa+dnr 11urw ngt1.
-ti5464r7
?'a...._ ..... _...... _._..dcy
bMwera J. P. Riedel and Company, a partnership consisting of John P. Riedel, 0. B.
Gilbertson, Arnold G. Gilbertson and Charles M. Speer
i
a 'Ads, she low+of QW State af._ .3linxtesrat..._.............. party of the jet part, and �
Vincent K. Durnhart ,
Of the Qesndy of....._....__..._,Rennapin_-.._._._.... .... ...and Btate of._ W mota.............._..........._.w _ .... �...
Mitntt 0M. Xha4 the said party of the jbv6 part, in avaetdemtion of the O f
.Aae..,$a11er ..snd...ather .,rs��,.._,,.�,i...s1oD8.iudl3ratilACl_....a...r.„ �...- ..:._.:a., -...� ..-...� ...:....s..r_....-.. - �(
I to 66 in hand paid by the aald Perky the ww" part, the ++ 00t, wh_f to ho 0V ao74 mledled,
T dace hereby 0—t, Bar&in, Seas, and Conaeb unto the emid pasrb.y........._of the aaavnd part ... ..hie._.....„_..
heirs and aasdgrm, Far"W, all the traaA.... or pmrwei.....of gaud 404 and being in the County of
........................,...... ,,,_.And auto of Arbumeota d1dow4bed as foatawe, to.urii:
Lo1Z4, Block 1, Riedel Company Stubbs 'Bay Addition, according to the plat thereof on file
19 or of record in the office of the Registrar of Titles in and for said Hennepin County.
t % aAkz% a 'e'4►,.i. Qi?
other with an easement for the exclusive benefit of the owners of said loot 4, Block
Ne , Riedel Company'$tubba Bay Addition for ingress to and a eau from Stubbs Bay and the
X ere t on and xaintainenne one small, p vats —_dock over }ie i'ol o+iiig�v'scsib
propertys
The West 1/2 of Lot 1, Block 391ay View. Park, according to the recorded plat
%thereof, which lies Southerly of a line 33 feet Southerly of, measured at right angles to r
-paraSlel with, a line hereinafter referred to as "Line A", said "Line All beting described'
am follower Commencing at the Northeast corner of the Northwest quarter of Section 5,
Township 117 Korth, Range 23 West of the 5th Principal Meridian; thence South along the
Eaat.line of said Northwest quarter a distance of-1400.28 feet; thence deflecting left 64
M dpgrees 30 minutes a distance of 143.32 feet to the point of beginning of said "Line
All; thence deflecting right 180 degrees along said "Line All 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 dis#nos of 196.35 feet; thence Westerly tangent to said curve to the
Neat line of the Northeast quarter of the Southeast quarter of said Northwest quarter, and
there ending.
L.` Subject to a SCENIC EASEMENT in favor'of the City of Orono by Quit Claim deed date
tuna 3,'1975 and filed July 2, 1975 ae Doc. No. 1144484•
'• Grantee agrees to pay 1/2 of the yearly real estate taxes on Lot 1, Block 3, Bay
j: view Park.
Subject to utility easement an shown on the Plat.
24 Ddbe ana to Wlb OR 60tut, rogather wtth sal the heraditamenh and appartamamew Cher ounlo
balonew. or in anyrutee appot"nke to the raid part.x....._...... of tho sroond PM;%.,...hA_4...._..........._heirs and
seadgne, Former..1n$ the sa3d,..d......Pn...� et�tt�. p11d�..�QAARtiAJ`r. W yf4�t+Rl4x��R. ��p�lE���g. dg._�af4?11...P.
Riedel....A...-�B..,.Cdlbertaan...Arnold... G'.._.Gilbamtson--amd...Chariea M. sneer
Party of the first parts, fm• dtseaf and its suoaerrory dues am moeant mdth the said -- weand par&..X...„.._Df the eraoad
pa.4,,.......k.... ..... ..heb's and aNlgna, that 0 is a+eaa &aired ire fee of the aandr and pranairea aforreatd, and
has glad right to real and oo>armg the same in manner snit form aforesaid, and that the same are free
from aaa
Tax Statements for Real property described herein, Lot-4, Block 1,•Riodel Company Stubbs
Bay Addition should be sent to Vincent It. Barnhart, 2022 Lake Rd, Wayzata, Mn- 55391
• State dead tix.aue hereon 538.5o
dyad the abooa bargained and granted aande mud prembM, Erb the 9eatet and peanabae pwepmion of the
said party: „„..Df tits &aoand port,..._.11ia, ]lairs and as m, again" all pwyon& gawfully atalmtng or
to dab* the whore or any part thereof, aedifeot to b UMMbbrecnem, It any. hfiF%bdaforw nmHtioa&L the said
Party of the PW part vial Warrant and Defend.
SO V011N;mig Eb OMOt, Ph �er#1 her eaecaed these
prvmts to be eaxcuW In its byA......-cE...its,
POr-ttletiff ..............
e day and year fret aboae rorittam.
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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 willful 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.
8. 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 past 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
GRANTEE
JAMES B. SEALS
VICTORIA M. SEALS
5
STATE OF MINNESOTA )
SS:
COUNTY OF )
This instrument was acknowledged before me on the day of , 201�
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
STATE OF MINNESOTA )
} SS:
COUNTY OF }
This instrument was acknowledged before me on the
by JAMES B. SEALS.
Notary Public
STATE OF M I NESOTA )
SS:
COUNTY OF )
day of
201-,
day of , 201�
This instrument was acknowledged before me on the day of 201_,
by VICTORIA M. SEALS.
Notary Public
M