HomeMy WebLinkAboutResolution 7660 Approving Easement Agreement 3980 Dahl Rd No delinquent taxes
Transfer Entered II II II II I II I II II II II II
Feb 9, 2026 2:28 PM LAND TYPE Torrens (T)
DOC NUM 6184740
Hennepin County, Minnesota Certified, filed and/or recorded on
Daniel Rogan Feb 9, 2026 2:28 PM
County Auditor and Treasurer
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 125 Pkg ID 2875639E
Document Recording Fee $46.00
Document Total $46.00
PID(s)
08-117-23-23-0001
Existing Certs
1584187
This cover sheet is now a permanent part of the recorded document.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss
CITY OF ORONO )
I certify the foregoing is the original resolution adopted by the City Council on January 26, 2026.
Officially signed as City Clerk of Orono, Minnesota and the seal of the city.
stine Lusa , City Clerk
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,( js0CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
e NO. 7660
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A RESOLUTION APPROVING
Easement Agreement
WHEREAS, THIS EASEMENT AGREEMENT ("Agreement") is made and entered into as
of January 5, 2026, by and between Antoinette M. Murphy McGlynn, as Trustee of the Antoinette
Murphy McGlynn Revocable Trust U/A Dated 11/14/16, As Amended ("Grantor") and the City of
Orono, a Minnesota municipal corporation ("City" or"Grantee").
WHEREAS, Grantor is the owner of certain real property in the City of Orono, Hennepin
County, located at 3980 Dahl Road Orono, MN 55364 (the "Property") and legally described on
the attached Exhibit "A" (the "Property"). The PID of the Property is 08-117-23-23-0001 and
WHEREAS, the Property is encumbered by a sanitary sewer and lift station easement,
dated May 25, 1976 and recorded with the Hennepin County Recorder as Document No.4235108
(the "Sanitary Sewer Easement"); and
WHEREAS, the Property is encumbered by a drainage and utility easement, dated April
29, 2025, and recorded with the Hennepin County Recorder as Document No.6138051 (the"D&U
Easement"); and
WHEREAS, Grantee desires a permanent, non-exclusive and appurtenant access
easement to access utility systems located on the Property; and
WHEREAS, Grantee desires a permanent, non-exclusive and appurtenant utility
easement for the purposes of operating and maintaining an existing grinder station on the
Property
NOW, THEREFORE, BE IT RESOLVED the parties to this Agreement agree as follows:
AGREEMENT
1. Grant of Easements. Grantor hereby grants and conveys to Grantee the following easements
(collectively, the "Easements"):
a. Access Easement. A perpetual, non-exclusive access easement (the "Access Easement") on,
over, upon and across that portion of the Property, legally described on the attached Exhibit "B"
(the "Access Easement Area") and depicted on attached Exhibit "C".
b. Utility Easement. A perpetual, non-exclusive utility easement (the "Utility Easement") on,
over, under and upon that portion of the Property, legally described on the attached Exhibit "B"
(the "Utility Easement Area") and depicted on the attached Exhibit "C". The Utility Easement,
Sanitary Sewer Easement, and D&U Easement are collectively referred to as the "City
Easements."
-cLOAtO
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
At
y NO. 7660
F �,
IAkES H
2. Scope of Easements.
a. Access Easement. This Agreement shall include the rights of Grantee, its contractors,
employees, agents and assigns to enter upon and cross over the Access Easement Area at all
reasonable times for purposes of accessing the City Easements.
b. Utility Easement. This Agreement shall include the rights of Grantee, its contractors,
employees, agents and assigns to enter upon the Utility Easement Area at all reasonable times
to operate, construct, maintain, repair and replace utility systems, including but not limited to, an
existing grinder station on the Property depicted on the attached Exhibit "C".
4. Driveway Asphalt Replacement. Grantor intends to undertake a project to replace the asphalt
surface of an existing driveway that provides ingress and egress to the Property (the "Project").
The portion of the driveway within the Access Easement Area constitutes approximately 1700
square feet. As consideration for the Easements, Grantee agrees to contribute to the cost of the
Project on a one-time, nonrecurring basis, provided that the Project is completed by September
1, 2026. Grantor is responsible for contracting with a qualified contractor to undertake the
Project. Upon completion of the Project, Grantor shall provide Grantee with a copy of the
contractor's invoice which must specify the total cost of the Project, calculated on a square foot
basis. Within 30 days after receipt of the invoice, Grantee shall pay Grantor an amount equal to
fifty(50) percent of the contracted cost per square foot, times 1700 square feet.
6. Entire Agreement. This Agreement contains the complete understanding and agreement of
the parties hereto with respect to all matters referred to herein, and all prior representations,
negotiations, and understandings are superseded hereby.
7. No Waiver. No waiver of any default of any obligation by any party hereto shall be implied
from any omission by the other party to take any action with respect to such default.
8. Severability. The invalidity of any portion of this Agreement shall not impair in any manner the
validity, enforceability or effect of the rest of this Agreement.
9. Covenants to Run with Land. The Easement runs with the land and is binding on the parties
and their successors and assigns.
10. Counterparts. This Easement Agreement may be executed in any number of counterparts,
each of which will be deemed to be an original, but all of which, when taken together, constitute
the same instrument.
vojli�o
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
`, G NO. 7660
t4ICES H o0'
Adopted by the City Council of Orono, Minnesota at a regular meeting held on
January 26, 2026
ATTEST: CITY OF ORONO
(0‘-k____-------
ChriGigpriii Clerk Bob Tunheim, Mayor
(reserved for recording information)
EASEMENT AGREEMENT
t HIS EASEMENT AGREEMENT ("Agreement") is made and entered into as of
/$i 2-4 y and between Antoinette M. Murphy McGlynn, as Trustee of the
Antoinette Murphy McGlynn Revocable Trust U/A Dated 11/14/16,As Amended("Grantor")
and the City of Orono, a Minnesota municipal corporation("City"or"Grantee").
RECITALS
WHEREAS, Grantor is the owner of certain real property in the City of Orono, Hennepin
County, located at 3980 Dahl Road Orono, MN 55364 (the"Property")and legally described on the
attached Exhibit"A"(the"Property").The PID of the Property is 08-117-23-23-0001; and
WHEREAS,the Property is encumbered by a sanitary sewer and lift station easement,dated
May 25, 1976 and recorded with the Hennepin County Recorder as Document No. 4235108 (the
"Sanitary Sewer Easement"); and
WHEREAS,the Property is encumbered by a drainage and utility easement,dated April 29,
2025, and recorded with the Hennepin County Recorder as Document No. 6138051 (the "D&U
Easement"); and
WHEREAS,Grantee desires a permanent,non-exclusive and appurtenant access easement
to access utility systems located on the Property; and
WHEREAS,Grantee desires a permanent,non-exclusive and appurtenant utility easement
for the purposes of operating and maintaining an existing grinder station on the Property.
NOW,THEREFORE,the parties to this Agreement agree as follows:
AGREEMENT
1
237407v2
1. Grant of Easements. Grantor hereby grants and conveys to Grantee the following
easements(collectively,the"Easements"):
a. Access Easement. A perpetual, non-exclusive access easement (the "Access
Easement") on, over, upon and across that portion of the Property, legally described on the attached
Exhibit"B"(the"Access Easement Area")and depicted on attached Exhibit"C".
b. Utility Easement. A perpetual, non-exclusive utility easement (the "Utility
Easement") on, over, under and upon that portion of the Property, legally described on the attached
Exhibit "B" (the "Utility Easement Area") and depicted on the attached Exhibit "C". The Utility
Easement, Sanitary Sewer Easement, and D&U Easement are collectively referred to as the "City
Easements."
2. Scope of Easements.
a. Access Easement.This Agreement shall include the rights of Grantee,its contractors,
employees, agents and assigns to enter upon and cross over the Access Easement Area at all
reasonable times for purposes of accessing the City Easements.
b. Utility Easement. This Agreement shall include the rights of Grantee, its
contractors, employees, agents and assigns to enter upon the Utility Easement Area at all
reasonable times to operate, construct, maintain, repair and replace utility systems, including but
not limited to, an existing grinder station on the Property depicted on the attached Exhibit"C".
4. Driveway Asphalt Replacement. Grantor intends to undertake a project to replace
the asphalt surface of an existing driveway that provides ingress and egress to the Property (the
"Project"). The_ portion of the driveway within the Access Easement Area constitutes
approximately '�a uare feet. As consideration for the Easements, Grantee agrees to contribute
to the cost of the Project on a one-time,nonrecurring basis,provided that the Project is completed
by September 1, 2026. Grantor is responsible for contracting with a qualified contractor to
undertake the Project. Upon completion of the Project, Grantor shall provide Grantee with a copy
of the contractor's invoice which must specify the total cost of the Project, calculated on a square
foot basis. Within 30 days after receipt of the invoice, Grantee shall pay Grantor an amount equal
to fifty (50)percent of the contracted cost per square foot,times I7®square feet.
6. Entire Agreement. This Agreement contains the complete understanding and
agreement of the parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
7. No Waiver. No waiver of any default of any obligation by any party hereto shall
be implied from any omission by the other party to take any action with respect to such default.
8. Severability. The invalidity of any portion of this Agreement shall not impair in
anymanner the validity, enforceabilityor effect of the rest of this Agreement.
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237407v2
9. Covenants to Run with Land. The Easement runs with the land and is binding on
the parties and their successors and assigns.
10. Counterparts. This Easement Agreement may be executed in arty number of
counterparts, each of which will be deemed to be an original,but all of which,when taken together,
constitute the same instrument.
[Remainder of page intentionally left blank.
Signature pages follow.]
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237407v2
IN WITNESS WHEREOF,this easement has been executed on the day and year first
above written.
Grantor:
Antoinette Murphy McGlynn
Revocable Trust U/A Dated
11/14/16,As Amended
By: '^7 7/4A4y�(
Antoinette,Murphy McGlynn,Trustee
STATE OF MINNESOTA )
)ss.
COUNTY OF [-iY,v,,er,,., )
The foregoing instrument was acknowledged before me this . cay of
(efev, �1! Z671 ;by Antoinette M.Murphy McGlynn,Trustee of the Antoinette Murphy
McGlynK Revocable Trust U/A Dated 11/14/16,As Amended, on behalf of the Trust.
•
,of SOE O JT'T_
off, JASON TANG MEJIA tart'Public
JT' NOTARY PUBLIC-MINNESOTA
°, ---00 MY COMMISSION EXPIRES 01/31/2030
4
237407‘2
Grantee:
City of Orono
By:
Bob Tunheim, Mayor
(SEAL)
And
Adam Edwards, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this J day of
Ja,Nt W 20A0 , 20,by Bob Tunheim and Adam Edwards,the Mayor and City
Administrator,respectively, of the City of Orono, a Minnesota m 'cipal corporation, on behalf
of the corporation and pursuant to the authority granted 1 s uncil.
• , " , CHRISTINE S. LUSIAN �� .
AN
r�Z'< State of Minnesota
Y�•t �1z My Commission Expires Not Publi
`* w�• January 31,2027
5
237407v2
EXHIBIT "A"
TO
EASEMENT AGREEMENT
Legal Description of the Property:
That part of Government Lot 4, Section 8, Township 117 North, Range 23, lying North of a line
drawn East perpendicular to the West line of said lot from a point on said West line distant 1022.80
feet North from the West Quarter corner of said Section.
237407v3
EXHIBIT `B"
TO
EASEMENT AGREEMENT
Legal Description of the Access Easement Area:
A perpetual easement for access purposes on, over, upon and across that part of Government Lot
4, Section 8, Township 117, Range 23, Hennepin County, Minnesota, described as follows:
Commencing at the reference monument to meander corner number 50 of said Government
Lot 4;thence southerly on an assumed bearing of South 00 degrees 20 minutes 30 seconds
East, along the west line of said Government Lot 4, a distance of 10.00 feet to the point of
beginning of the easement to be described;thence North 79 degrees 49 minutes 36 seconds
East a distance of 45.66 feet; thence South 00 degrees 00 minutes 00 seconds East a
distance of 10.00 feet; thence South 07 degrees 37 minutes 46 seconds West a distance of
21.70 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 20.34 feet;
thence South 79 degrees 30 minutes 57 seconds East a distance of 34.83 feet;thence South
70 degrees 34 minutes 39 seconds East a distance of 26.40 feet ("Point A"); thence North
44 degrees 28 minutes 42 seconds East a distance of 40.00 feet; thence South 45 degrees
31 minutes 18 seconds East a distance of 40.00 feet; thence South 44 degrees 28 minutes
42 seconds West a distance of 40.00 feet; thence North 46 degrees 26 minutes 06 seconds
West a distance of 9.72 feet ("Point B"); thence South 45 degrees 50 minutes 50 seconds
West distance of 19.34 feet; thence North 45 degrees 22 minutes 31 seconds West a
distance of 33.40 feet; thence North 62 degrees 38 minutes 46 seconds West a distance of
18.06 feet; thence North 72 degrees 30 minutes 06 seconds West a distance of 10.95 feet;
thence North 78 degrees 13 minutes 49 seconds West a distance of 26.32 feet;thence North
75 degrees 18 minutes 34 seconds West a distance of 33.76 feet to said west line of
Government Lot 4; thence North 00 degrees 20 minutes 30 seconds West, along said west
line of Government Lot 4, a distance of 44.61 feet to the point of beginning.
EXCEPT the existing sanitary sewer easement per document number 4235108.
Legal Description of the Utility Easement Area:
That portion of the above-described Access Easement Area which lies northeasterly of a line
drawn from Point A to Point B.
237407v3
EXHIBIT "C"
TO
EASEMENT AGREEMENT
Sif
0 le
illIliT
SCALE N FEET
REFERENCE MONUMENT TO MEANDER
CORNER NO 50 GOVERNMENT LOT4
SLCfl0N&TOWNSHIP 117,RANGE 23
POINT Of COMMENCEMENT
A EST *.E F GO, C `4 / S 00%":0 30 E s mew acr E
SUBJECT PARCEL
L O T O ANTOINETTE NI M MCGLYNN
3980 DAHL RD.
PO 0611723230001
POINT OF BEG".%NC, ,,,, 10 OD m 4 1
7,- DAHL
S07•37'48"W
2170
)
' EXISTING SANITARY SEWER,,
.-
.,
EASEMENT PER DOC.NO 4235108
4
00.0000"E
, st
0,7.77, 20 m
-....'r,...-rt-,,
. , #44W-Cfrt,415 'AX •*•sf,
Point A -^i6
t-tta'AtEAVitc..,,e6,tr.t., 49 c , S'70'3i;:741r'''
SHELTON AR HA BORN '',,ZZ.' tAtits,e414, ,-4,xz ., t- ,
5.4-...6 Ce,1`.7 ,* ,V , "".444.4t,j•,, , .6 # I
4015 DAHL RD t''' tt4..04,40W4ttliWttr.1.4,*,,t,,,, ,s,,
P D 0"11":3140001 31 76 ''''‘''.44 i''' .3 Kktsr.,'WFIBVIIIV 7,,, dr''toir ',"" , * 'ttlyit.
, , IV 7.5.it$4. IV lirl
I 4 4
N 72'3006"W =,•t tt*P',..,,, *a.
10 95 ‘`4'`4,''v-kWh, r., IP
04,i,:,'Ii
SUBJECT PARCEL
ANTOINEM M Nt MCGLYNN
,
3980 DAM RD N 45'22 31 ei 41 46,160."W
RID 0811723230001 33 40
Point B 9.72
1934
S 45•50°50'W
A
;
" LEGEND
SUBJECT PARCEL
—
. — RIGHT Of WAY LINE
4 plitprruAL ACCESS EASEMENT AREA s(4,32$ SCL FT(
EXISTING EASEMENT LINE
i PROPOSED EASEMENT UNE
20:5 A R rt.:Re,:e.ved
EASEMENT EXHIBIT PART OF GOVERNMENT LOT 4 SECTIONS.TOWNSHIP 117,RANGE 23
Zi
' 3930 Dahl Road Orono,2NA635N sHA5530064w LAsE
• MBOLT01%41 SUITE 200
CHASKA MN 55314 FOR CITY OF OPONO
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5
& M ENK 9S2 SiS4SIS
DRAWN BY. ARK
NNW
JOB NUMBER ZS*135.:36 000 FIELD BOO L XI%COONT, 191:6 AD,
237407v3