Loading...
HomeMy WebLinkAboutEasement - Public RoadNo delinquent taxes Transfer Entered Apr 30, 2024 9:20 AM Hennepin County, Minnesota Daniel Rogan County Auditor and Treasurer PID(s) 02-117-23-32-0001 11111111111111111111111111111111111111 ND TYPE Abstract (A) DOC NUM 11280630 Certified, filed and/or recorded on Apr 30, 2024 9:20 AM Office of the County Recorder Hennepin County, :.asota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 98 Document Recording Fee Document Total This cover sheet is now a permanent part of the recorded document. Pkg ID 2667579E $46.00 /Zyg0 6 30 (reser•t�ed or recording information) GRANT OF PERMANENT EASEMENT FOR PUBLIC ROAD PURPOSES EDWARD H. HAMM, JR., as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995 ("Grantor"), is the owner of the real property which is located in the County of Hennepin, State of Minnesota, legally described as set forth on Exhibitdepicted on Exhibit B (the "Grantor Property"). In consideration of One Dollar ($1.of) ) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant unto the CITY OF ORONO, a Minnesota municipal corporation ("City") as Grantee, its successors and assigns, forever, a permanent easement for public road purposes (the "Easement") over, across, on, under, and through the portion of the Grantor Property legally described as set forth on Exhibit C and depicted on Exhibit D (the "Easement Area"). INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the Easement Area at all reasonable times to construct, reconstruct, inspect, repair, and maintain the public road, together with the right to grade, level, fill, drain, pave and excavate the Easement Area, and the further right to remove from the Easement Area trees, bushes, 230273v1 DOCS4230273-V1-PERMANENT EASEMENT_FOR_ROAD_PURPOSES_(ORONO_ORCHARD_ROAD SOUTH) undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public road. To the extent that alive -foot wire fence (the "North Fence") along the easterly boundary of the Grantor Property north of Fox Street may encroach on the Easement Area, as additional consideration the Easement, the City consents to the continued encroachment so long as Grantor maintains the North Fence. Upon removal of the North Fence, the City's consent to any encroachment shall terminate. To the extent that asix-foot wire fence (the "South Fence") along the easterly boundary of the Grantor Property south of Fox Street may encroach on the Easement Area, as additional consideration the Easement, the City consents to the continued encroachment so long as Grantor maintains the South Fence. Upon removal of the South Fence, the City's consent to any encroachment shall terminate. The Exhibits attached to this Grant of Easement are true and correct, and are incorporated into and made part of this Grant of Easement. �Remainde�• ofpage left blank intentionally. Signatarre page follows. 2 230273v1 DOCS-#230273-V I -PERMANENT_EASEMENT_FOR_ROAD_PURPOSES_(ORONO_ORCHARD_ROAD_SOUTH) IN TESTIMONY WHEREOF, Grantor has signed this Grant of Easement on this 19 day of , 2024. GRANTOR: E )WARD H. HAMM, JR., as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995 Edward H. Trustee STATE OF MINNESOTA ) ss. COUNTY OF KaMSe ) Jr. The foregoing instrument was acknowledged before me this � � day of r,I , 2024, by Edward H. Hamm, Jr., as Trustee of the Amendment and Restatement of Trust of Edward H. Hamm dated October 10, 1995, Grantor. '''��•"'�� SHERYL A BALE �'Sj"W �f � Notary Public Minnesota MY Commission Expires -% Jan 31, 2025 DRAFTED BY: CAMPBGLL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 SMM/AKLS 230273v1 Notary 3 DOCS-#230273-V 1-PERMANENT_EASEMENT_FOR_ROAD_PURPOSES_(ORONO_ORCHARD_ROAD_SOUTH) Exhibit A Legal Desc/°iption of the Easement Property That part of Government Lot 4 and the Southwest Quarter of Section 2, Township 117, Range 23, Hennepin County Minnesota, described as follows: Beginning at a point on the East line of Government Lot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Point A; thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes, a distance of 182 feet; thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet; thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet; thence Northerly 175 feet along a curve to the right with a radius of 237.56 feet; thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet; thence Northeasterly to a point on the North line of Government Lot 4, distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Government Lot 4; thence northerly 100.00 feet along a tangential curve concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds; thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle of 25 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feet; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet; thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the East One -Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway (33 feet wide) upon the easterly side thereof, said East One -Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which is 636.66 feet north from the Southwest corner of said East One -Half so ascertained; thence north along said west line of the East One -Half so ascertained 579.66 feet to the northwest corner thereof; thence east along the north line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 2; thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. Also that part of said West One -Half of the Northwest Quarter• of the Southwest Quarter of Section 2 exclusive of highway (33 feet wide) on the easterly side thereof, said West One -Half being ascertained after taking from said Northwest Quarter of the Southwest Quarter of Section 2 said highway upon the easterly side; lying easterly of Macmillan Addition, according to the recorded plat thereof and northerly of a line and its westerly extension described as commencing at the northeast corner of said West One- Half so ascertained; thence on an assumed bearing of South 00 degrees 17 minutes 01 second East, along the east line of said West One -Half so ascertained 679.85 feet, more or less to a point 636.66 feet north of the southeast corner of said West One -Half, said point being the point of beginning of the line to be described; thence deflecting right at an angle of 83 degrees 53 minutes 00 seconds on a line bearing South 83 degrees 35 minutes 59 seconds West 33.68 feet; thence South 82 degrees 23 minutes 59 seconds West 66.32 feet to the most southerly southeast corner of Outlot C, said Macmillan Addition and said line there terminating. Together with anon -exclusive easement for driveway purposes over, under and across part of Outlot C and Lot 2, Block 1, MacMillan Addition and the Northwest Quarter of the Southwest Quarter of Section 2, Township 17, Range 23, as described in the Private Road Agreement recorded January 14, 1930 as Document No. A1579568 and amended in the Agreement Regarding Correction of Easement Legal Description recorded June 19, 2018 as Document Nos. A10563491 and T5538418. 230273v1 DOCS4230273-V I -PERMANENT_EASEMENT_FOR_ROAD_PURPOSES_(ORONO_ORCHARD_ROAD_SOUTH) Exhibit B Depiction Uj the Easement Property �ati�; 411 it2fl�4 w Dic ke tllsorvimst 7 ,.° 2 1 inch = 400 feet 5 230273v1 DOCS4230273-V 1-PERMANENT_EASEMENT_FOR_ROAD_PURPOSES_(ORONO_ORCHARD_ROAD_SOUTH) Exhibit C Legal Description of the Easement Area The portion of the east 33.00 feet the East Half of the Northwest Quarter of the Southwest quarter of Section 2, Township 117, Range 23, Hennepin County, Minnesota. (Contains 57,941 Sq. Ft. or 1.33 Acres) That part of the east 33.00 feet of the herein described Parcel A lying south of the north 33.00 feet of Government Lot 4, Section 2, Township 117, Range 23, Hennepin County, Minnesota. (Contains 13,112 Sq. Ft. OR 0.301 Acres) That part of Government Lot 4 and the Southwest Quarter of Section 2, Township 117 North, Range 23 West of the Fifth Principal Meridian, Hennepin County Minnesota, described as follows: Beginning at a point on the East line of Government Lot 4, distant 434.3 feet South of the Northeast corner thereof, designated as Point A, thence Northwesterly deflecting to the right from said East line 101 degrees 43 minutes, a distance of 182 feet, thence Northwesterly 60 feet along a curve to the right with a radius of 4687.5 feet; thence Northwesterly 200 feet along a curve to the right with a radius of 222.45 feet; thence Northerly 175 feet along a curve to the right with a radius of 237.56 feet; thence Northerly 50 feet along a curve to the right with a radius of 527.42 feet; thence Northeasterly to a point on the North line of Government Lot 4, distant 360 feet West of the Northeast corner thereof designated as Point B; thence northeasterly 55.51 feet along a line which forms an angle of 68 degrees 40 minutes 08 seconds with said North line of Government Lot 4; thence northerly 100.00 feet along a tangential concave to the west having a radius of 181.40 feet and a central angle of 31 degrees 35 minutes 07 seconds; thence northwesterly 125.00 feet along a compound curve concave to the west having a radius of 283.70 feet and a central angle of 25 degrees 14 minutes 42 seconds; thence northwesterly on a line tangent to last described curve 267.40 feet; thence northwesterly deflecting 02 degrees 23 minutes 00 seconds to the left from last described course 123.34 feet; thence northwesterly 104.40 feet along a tangential curve concave to the southwest having a radius of 164.00 feet and a central angle of 36 degrees 28 minutes 30 seconds, to a point on the west line of the East One -Half of the Northwest Quarter of the Southwest Quarter of said Section 2, exclusive of the highway (33 feet wide) upon the easterly side thereof, said East One -Half being ascertained after taking from the Northwest Quarter of the Southwest Quarter of said section said highway upon the easterly side, and which is 636.66 feet north from the Southwest corner of said East One -Half so ascertained; thence north along said west line of the East One -Half so ascertained 679.66 feet to the northwest corner thereof, thence east along the north line of the Southwest Quarter of said Section 2 to the northeast corner of the Northwest Quarter of the Southwest Quarter of Section 2; thence south along the east line of said Northwest Quarter of the Southwest Quarter of Section 2 and Government Lot 4 to the point of beginning. 230273v1 DOC4z-4230273-V 1-PERMANENT_EASEMENT_FOR_ROAD_PURPOSES_(ORONO_ORCHARD_ROAD_SOUTH) Exhibit D Depiction Uj the Easement Area � I l e% r% /, A r, , r, e% I I A r, r\ I I I I I / /rr/ /n// / i /rr/ / l /i /rl / / l// / NE CORNER OF THE NW 1/4 OF THE SW 1/4 OF SEC, 2 PERPETUAL N LINE OF THE E ROADWAY 1/OF W EASEMENT 1/44 S OF THE SW (421375 SQ. FT, 1/4 OF SEC. 2 PAI OR 0,973 ACRES) 33.00—►r, ��- c�. PERPETUAL ROADWAY L EASEMENT t , (13,112 SQ. FT. OR 0,301 ACRES) 0 200 ram, WEST LINE OF EAST 33.00 SCALE IN FEET FEET OF THE E1/2OFTHE NW 1/4OFTHE SW 1/4 W LINE OF THE E I `. k+. 1 1/2OFTHE NW PARCELA 1/4 OF THE SW 1/4 OF SEC. 2 Edward H Hamm Trustee 485 Orono Orchard Rd S L_ <_ PID:0211723320001 / r— aI ; ♦ L I-l- r— A //l — I David CWeyerhaeuser Rev Tr / /r- / �•+�- � �/�/ / / / V 1540 Fox St ( I •. ` L_ PID: 0211723320003 \ E LINE OF THE E 1/2 `I f OF THE NWI/4OF / THE SW 1/4 OF SEC. 2 s: ; Elisabeth 1 Dayton SX AGREEMENT 1520 Fox St \ `� REGARDINGT'PID:021172332000233.0000RRECTION OF \ \EASEMENT OFS LINE OF THE E 1/2PRIVATE ROADAGREEMENT DOC.' HE SW 1/4 OF SOF THE NW 1/4 OEC. 2 L _ NO. A10563491 — r OX� _ _ _ _ 33.00 N LINE OF GOV'T /T — SOUTH LINE OF� LOT 4 OF SEC. 2 �� I THE NORTH / Edward H Hamm Trustee' 33.00 FEET OF r; i W P Henneman & ; AY/ �` / < / \; 485 Orono Orchard Rd S \ GOV'T LOT 4 A B Henneman PID:0211723320001 1485 Fox St ., .,III -/- � ., -I-NAr`i PID:0211723330001%% % ✓ / (' i_ // / �t 33.00 � �/' r4 i ' PARCEL A ©Bolton & Menk, Inc, 20241 All Rights Reserved EASEMENT EXHIBIT ORONO ORCHARD ROAD SOUTH, ORONO, MP Q BOLTON 2638SHADOW LANE SUITE 200 & M E N K CH(952) 448-883818 JOB NUMBER: OC1.133233 7 230273v1 SEE SHEET 3 OF 3 PART OF. GOV'T LOT 4 & E 1/2 OF NW 1/4 OF SW 1/4 SEC, 2, TWP.117, RNG. 23 HENNEPIN COUNTY, MN FOR; CITY OF ORONO FIELD BOOK: DRAWN BY: ARK DOCS4230273-V 1-PERMANENT_EASEMENT_FOR_ROAD_PURPOSES_(ORONO_ORCHARD_ROAD_SOUTH) % hft I / � xc annc I c �r a — E LINE OF THE E 1/2 ( . 1 N % > OF THE NWI/40F ( 'Y- I I fr�THE SWI/40FSEC.21\\ is ;t_ THE H Hamm Trustee / „( ,-: \ 485 Orono Orchard Rd S ` i PID:0211723320001 +to e ^ PARCEL A 1 T 33.00 ia� I ' Elisabeth J Dayton S LINE OF THE E 1/2 1520 Fox St OF THE NW 1/4 OF PID: 0211723320002 / / THE SW 1/4 OF SEC. 2 M • r M _%mjA aM �� T//3100 M' E LINE y N LINE OF GOV'T SOUTH LINE OF OFLOT 4 OF SEC. 2 THE NORTH GOV'T I r'Y. 33.00 FEET OF LOT 4,„ GOV'T LOT 1 I Edward H Hamm Trustee r rr (I� 485 Orono Orchard Rd S- PID: 0211723320001 A r'f I / �/ PARCEL A / ; ;/ W P Henneman & oX\ SOUTH A B Henneman \OFPARCEL A 1485 Fox St / r PID:0211211723330001 AGREEMENT / 0000REGARDING CORRECTION OF / r.. / / EASEMENT OF / r rr, ' / / PRIVATE ROAD r ; o _ / AGREEMENTDOC. otoo r`j; NO. A10563491 I� Wayzata Bay LLC / 1465 Fox St PID: 021172333000, V rPERPETUAL ROADWAY � (42,375 SQ. FT. R 0.973 ACRES) EASEMENT 0 200 EASEMENTPERPETUAL ROADWAY SCALE (13,112 SQ• FT. OR 0.301 ACRES) ©Bolton & Menk, Inc. 2024, All Rights Reserved EASEMENT EXHIBIT ORONO ORCHARD ROAD SOUTH, ORONO, MN BOLTON 2638SUITE 20 LANE Q9& M E N K CHASKA, MN (952) 44&883818 JOB NUMBER: OC1.133233 230273v1 PART OFt GOV'T LOT 4 & E 1/2 OF NW 1J4 OF SW 1/4 SEC. 2, TWP.117, RNG. 23 HENNEPIN COUNTY, MN FOR: CITY OF ORONO FIELD BOOK: DRAWN BY: ARK DOCS-#230273-V 1-PERMANENT_EASEMENT_FOR_ROAD_PURPOSES_(ORONO_ORCHARD_ROAD_SOUTH)