HomeMy WebLinkAboutEasement 2297031535
Doc, No. 2297051 Piled July 1B, 1945, at 2:30 o'clock P, M,
�� Wa John S, Pillsbury and Eleanor I,, Pillsbury, his wife, in consideration of the
sum of One (�1,00) Dollar, receipt whereof ie hereby acknowledged, do hereby sell and convey
:.to ltorthweetern Bell Telephone Company, a eui-puratio;,, all of our right, title and interest
in and tc the ;inriergrovnd telephone cable and conduit now installed in the following described•
premises in the R earrangement of Orono Yoint ih the Town of Orono, County of Hennepin, State
of Idlnhesota, acc ording to the map or plat thoreof on file or of record in the office of the
Register of Deeds in and for ea id County, to -wit:
Lots 3 ani 4 (including ndjoining 1�2 of Center Avenue vacated),- All of lots 5 and 6,
That pert os lots 9 and 10 and the excretions thereto lying Southerly anti Easterly of
the following described line:
Commencing at a point in the center line of Center Avenue 588-95�100 ft. Northerly
from the Northwesterly corner of lot 5, thence Southerly along said center line 6 ft.,
thence Southwesterly on a tangential curve to the right with a radius of 221 17�100 ft, a
dietatns of 169-3g�100 ft., thence Southwesterly tangent to said last described curve 5 ft „
thence 6outhwesterly on a tangential curve to the right with a radius of 445 72�100 ft, a
diatahce of 119 25�100 ft „ the nee Southwesterly tangent to said last described curve a
diatahce of 107 3�10 ft., thence Westerly making an angle of 44{� 12' to the right 79 3�10
:i ft, to the shore of Lake Minnetonka and thore terminating including adjoining part of
Center avenue vacated part of Border Avenue vacated and except part taken for opening
' Border Avenue, '
And we do hereby grant to said Northwestern Sell Telephone Company, its successors
atd assigns, the perpetual right to operate and maintain said underground cable and conduit,
plitneae our hands this 11 day of Jan,, 1945,
i wit resgea;
c
Hedvig J. Nelson
Harley E. Hyre
state of ldinnesota
m
County of Henz�pin
John S, Pillsbury
Eleanor L. Pillsbury
On this lgth day of January, 1995, before me, a Notary Public in and for said County,
perao�llY appeared John 8, Pillsbury end Eleanor L, Pillsbury, his wife, to ma known
to be the parties mentioned in the foregoing instrument and who executed the same, and they
did acknowledge that they executed it ea their free sot and deed, and as the free act and
deed of roach of them.
Harley E, Hyre Harley E, Hyre
Notary, i'ublie, Hennepin County, ?dinn,
My Commission pcpirae Fab, 2, 1948,
(Noteriel 6ea1) '
YYYYYYYYYYYYYXYYYYYYYYXYY
STATE OF MINNLS�-',NENNE�IN
CodiBed to � : ... . 1(ropy of the
odginal on _ U;.dt :)I ;, (_c; J in tmk office
Martin Mc�:c i' a:: scfir �ecordet
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" • PARTIAL RELEASE 5�/98
OI-i,IGIAY,
OF EASEMENT
�lUlr3 IiC Ioo11 MW-vyl
KNOW ALL MEN BY THESE PRESENTS;
'That whereas Northwestern Bell Telephone Company, an Iowa corporation;
(Hereinafter referred to as Northwestern Be11) is the owner of a certain
easement executed on tHd ll.. day of ..Janl(ar 19 45 ; and recorded
on ttie . I8 day of Judy - , 1945 ; in t e office of the . Count.v
ef�or�icer in and for._. Hennepin,. County, Minnesota; in
00 1 1. of,.. Deeds Page 535. ; as Document No:�2297031
WNEREAS,�Northwestern Bell desires to release and discharge the lands
described below from the operation and e-Ffect of said easement; but without
prejudice to its rights in and to any other lands described in said easement,
NOW, THEREFORE; said Northwestern Bell Telephone Company does Hereby
quitclaim; release and abandon said easement in so far as it affects the
following described lands situated iri Hennepin County; Minnesota;
to -wit;
SEE ATTACHED EXHIBIT "A"
IN WITNESS WHEREOF, the said Northwestern Be11 Telephon�Company has
caused his instrument to be duly executed as of this � day of
ov , 1987
Northwe ,ern Bell Telephone Company
By :
Its: his ct Rtianage�-Engrg/r5ssign
Ackno4rledgment
STATE OF MINNESOTA )
_ 's s .
COUNTY OF HENNEPIN )..
The .foregoing .instrument .was acknowledged before me this 25th .day of
November 19 87; by J.R. Otto ,
the::, District'Manager=EncJr;/Assign..(Metro=West) ;:. :..<of.Narthwestern.,Bell
Telephone Company, an Iowa corporation, on behalf of the corporation.` "
This .instrument was drafted by:_
Evergreen Land Services Company ; .=
6200 Shingle:.•Creek Parkway; Suite.#375 ..
Brooklyn Center, MN 55430
>"�� JACK' E. KLEBBA
NOTARY PUBLIC - MINNESOTA
ANOKA COUN?Y'
My commisalon expires 1-19±91
kc boll MW-VI
EXHIBIT "A"
Lots 3 and 4 (including adjoining # of Center Avenue vacated). All of
Lots 5 and 6.
That part of lots 9 and 10 and the accretions. thereto lying southerly and
easterly of the following described line;
Commencing at a point in the centerline of Center Avenue 588-95/100 feet
northerly from the northwesterly corner of.Lot 5, thence southerly along
said centerline 5 feet, thence southwesterly on a tangential curve to the
right with a radius of 221-17/100 feet a distance of 169-38/100 feet,
thence southwesterly tangent to said last described curve 5 feet, thence
southwesterly on a tangential curve to the right with a radius of
445-72/100 feet a distance of 119-25/100 feet, thence southwesterly tangent
to said last described curve a distance of 107-3/10 feet, thence easterly
taking an angle of 440 12' to the right 79-3/10 feet to the shore of
Lake Minnetonka and there terminating including adjoining part of Center
Avenue vacated part of Border Avenue vacated and except part taken for
opening Border Avenue-; all in rearrangement of Orono Point.
Excepting and reserving; however, an easement 16.5 feet in width, being all
that part of the above described property which lies within a distance of
8.25 feet on each side of the lines described as follows:
I TAIF. 1
Commencing at the Northwest corner of Lot 3; rearrangement of Orono Point,
and assuming for the purposes of this description that the southwesterly
line of said Lot 3 bears S 00°55'18" E; thence S 08°49140" W a distance of
263,98 feet to a point. hereinafter referred to as Point A, which point is
the actual point of beginning of the line to be described; thence
S 15017113' W a distance of 13.34 feet; thence S 47°27'22" W a distance of
30.52 feet; thence S 47631'45" W a distance of 62.33 feet; thence
S 57°33'53" W a distance of 143.63 feet; thence S 51°21'16" W a distance of
31:43 feet; thence S'41°21'05" W a distance of 18.88 feet; thence
S 35009'18" W a distance of 14.97 feet; thence S 27037'33" W a distance of
28.98 feet; thence S 15.°12'42" W a distance of 33.46 feet; thence
S 10004'56" tJ a distance of 15.65 feet; thence S 02031105" W a distance of
40.96 feet; thence S 00°30'09" E.a distance of 117.41 feet; thence
S 05°41'47" W a distance of 39,79 feet; thence S 12°25'23" W.a distance of
102.26 feet; thence S 03017'02" W a distance of 18.33.feet, thence
S'01°12'34" E a distance of 27.00 feet; thence S 28°28'41" E a distance of
208.58 feet; thence S 30°24'16" E a distance of 63.78 feet; thence
S 28°23'34" E a distance of 94.78 feet; thence S 22°53'36" E a distance of
66.06 feet, thence S 16°10'30" E a distance of 50.36 feet; thence-
S 14019157" E a distance of 36.11 feet; thence N 20°31'30" E a distance of
2.16 feet; thence S 24024106/ E a distance of.12.32 feet, thence
S. 120 34125" E a distance of 19.47 feet; thence S 08°53'38" W a distance of
7.95 feet; thence S 13046121" E a distance of 75.35 feet; thence S 25020'14" E
a distance of 15.44 feet; thence S 21°47'27," E a distance of 10.48 feet;
thence S 40014'34" W a* distance of 5:20 feet, thence S 22033'42" W a distance
of 3.77 feet; thence S 13°13'53" E a. distance of 134.36 feet, and there
terminating.
LINE.2_
Beginning at the above described Point "A':; thence S 00°3533 E a distance
of 436.65 feet,and`there terminating.
ALSO. EXCEPTING -AND RESERVING,. the .right of access to the -above. des cri bed
easement strips .across the balance of the property herein released.
Ito
FII
1/1
STATE OF MINNESOTA, GOt 1NTY OF IiENNEPIN
Certified to be a trlla and correct copy of the .
original on file and of record in my ofim
MAK 0 7 2010
Martim
Allc or;i ur ty Recorder
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1SMBG8710:13 B5357598
D(]C $10.00
Oro FFICE. OF C0U!Vly^12f CORDER
pro N4rPIN CdU;4 J y. MINyESD11
CrR rIFIED FIt�EO ANO DR
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CO. RECORDER
Ric
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_ IN I�QJJMWIW
s
THIS AGREEMENT, make this day of1997, between James R. Jundt and Mary
Joann Jundt, husband and wife ("Owner") and the City of Orono, a Minnesota municipal corporation
"city" ).
A>
RECITALS:
A'. Owner is the holder of the fee simple interest in property located in Hennepin
County, Minnesota, and legally described on Exhibit A attached hereto and made a
part hereof (the "Property").
B. The City desires certain easements for the purposes hereafter set forth, and Owner
has agreed to grant such easements upon the terms and conditions contained herein.
HOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration given to Owner by the City, the receipt and sufficiency of which is
acknowledged, it is agreed:
�G�EMEN'I'S
1. Grant of Easements. Owner hereby grants to the City for the benefit of the public,
nonexclusive easement (the "Easement") over; across and upon that portion of the Property.iegally
described on Exhibit B attached hereto and made a part hereof (the "Easement Area") for the
purposes of constructing, reconstructing, maintaining, repairing and use of a sanitary sewer system
and all appurtenances thereto, including, without limitation, signage (hereinafter referred to as
"Public Improvement"). The Easement shall exist so long as the City uses the Easement Area for
the Public Improvement. Upon cessation of such use by the City, the City's rights herein shall
terminate.
2. Maintenance. At the request of Owner the City shall maintain at its own expense the
Easement Area. Said maintenance obligation shall include, without lixrutation, keeping the same in
good and safe condition for the purpose granted herein and reasonably free and clear of foreign
objects, debris and obstructions.
3. Liability and Indemnification: Insurance. The City hereby agrees to indemnify and
save the Owner harmless from and against any and all suits, demands, liabilities, costs and other
expenses, including reasonable attorneys' fees, incurred in connection with or arising out of the use
of the Easement Axea by the City, its contractors and agents or the general public for the purposes
granted herein, excluding, however, from such indemnity any loss resulting from acts of Owner and
his invitees. The City shall be responsible for obtaining and maintaining public liability insurance
over the Easement Area in such limits as City, in its sole discretion, deems reasonable and sufficient.
4. Owner's Covenants. Owner covenants and agrees that:
✓ a The Easement Area shall not be encroached upon by fill, excavation, paving
or concrete, erection of buildings or permanent enclosures, fences or walls, or other
obstruction by Owner which would interfere with, or which would otherwise obstruct access
to the Public Improvement in any manner by Owner.
b. Owner has the lawful right and authority, without restriction, to convey the
easements as herein granted, that the Easement Area is not subject to any other interest other
than the interests of Owner.
c. The Easement Area is embraced wholly within the Property.
5. Binding Effect. The terms, provisions and easements provided herein shall inure to
the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the
Owner. The covenants, agreements and easements contained herein shad be deemed to run with,
burden and benefit the Property.
6. Termination of Easements. In the event that use of the Easement Area is at anytime
discontinued by the City, the City shall have the right, but not the duty, to enter further upon the
Easement Area and remove all or any portion within one year of such discontinuance of the Public
Improvement which has been placed upon, over or under the Easement Area.
7. Relocation of Easement. Owner may, at Owner's expense, at any time relocate, all
or any portian of the Easement on all or any portion of Owner's Property which relocation shall be
subject to the approval of the City. Upon any such relocation the City shall vacate the Easement
Area no longer utilized and the Owner shall grant an Easement on that portion of the Property upon
which the relocated Easement exists.
IN WITNESS WHEREOF, this Agreement has been executed as of the day and year fzrst
above written, subject to all of the terms and conditions herein set forth.
CITY OF ORONO
sy
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�Y o��urY
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OWNER
nines R Jundt
..:'...,STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIlV )
The foregoing instrument was acknowledged before me this � day of �'
1997, by Gabriel Jabbour and Dorothy M. HaIlin, the Mayor and City Clerk, respectively, of the
City of Orono, a Minnesota municipal corporation, who executed this Agreement and '
acknowledged that they executed the same on behalf of the City of Orono.
�.. .,
�-
�: ',� «t
STATE OF hZINNESOTA )
.) ss
COUNTY OF HENNEPTN ) ' ' '
The foregoing instrument was'ackrzowledged before me thisa`{ day of �v~�`� ,
1997, by James R. Jundt and Mary Joann Jundt, bust
'this instrument was Drafted By:
�,�'Hinshaw &Culbertson
3300 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55442
{6l2)333-4800
. - - - ...ry c�r�y Cl�odu�i�K
Notary Public
,��_�•,.
„ iHOAhAS h4. CfiaSBY JR,
h0i,','. � PUG' �' 'dIIdNESOTA
iHOMAS M. CROSBY. JR.
NOTARY PUBUC MlNNESOTa
1yCammtssEcn FxplrcsJut.91 2000
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
ss
The foregoing instnunent was acknowledged before me this day of J 6
1997, by Gabriel Jabbour and Dorothy M. Hallin, the Mayor and City Clerk, respectively, of the
City of Orono, a Minnesota municipal corporation, who executed this Agreement and
acknowledged that they executed the same on behalf of the City of Orono.
N�
STATE OF 1�I1:NNESOTA )
ss
COUNTY OF BENNEPIN ) '
pot 4SIPWO
11 PAN
t
4 3' h1
The foregoing instrument was'acknowledgedhefore me thiso2`� day of �u'~�`� ,
1997, by James R. Jundt and Mary Joann Jundt, hush
This instniment was brafted By:
Hinshaw &Culbertson
3300 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612)3334800
Cc f1��Clodu1icK
Notary Public
!i!
1 THJhh9. OROSBY JR
PUf±' ,
'.1ltuNESOT'A
My Dorm,:;., `1 2000
1'HOMAS M. CROSBY, JFI.
N4TARYWJAIlC MINNESOTA
t+►tCoMMKStca ExPhesJane 91 2000
E.Yhibit A
[,F.i�i, Qr'SI"DIP I NJ14 Oft timonISeC iajWY Y L'4
Lots .`i and d, itearrangement of Ornno Point;
Also: that p;rt of U3 9 and 141 Rtarrangfinent of Orono Point and
the accretions thereto lying Southerly and fiast4rly of the follow -
ire describe .d lint:.: •Commencing at a point- in the centerline of
Center Avp nut: 588.98 feet northerly from the Porthweaterly corner
of Lot 5, Rearrangement of Orono Point; thence southerly along
osaid c.Fntt:rlint a distance of 5 feeta thence seivthwesterly on a
tartEemia.l curve to the right wit:, a radius of 221.17 feet a d1c-
tooinetF of 169.3.5 feet.; tho G•t1 nnuthtTt,nt•eriy tomIngo±rts t^ c•`id 1•,a!
M dtsrr;t,rr) curve a distance of 5 feet; thence aouthwesterly on a
t&�.ia:ntihl exrve to thf: riEiit a radius of 445.72 fret a dLatance
o: 119.25 £e*t; thence eouthweatrrly tangent to said last de-
ecri xed curvf.: a distance of 107.3 feet; thence Praterly taaY.ing an
angle of 44 deErrha 42 minutes to the right a distance of 79.3
feet to the shore of Lake hinnetonka and there terminatiriE, sub--
feet to &order Avenue as opentd by Dowintnt no; 2092886,
Alco that part of vacattfl Center Avenue ae said Center Avenue Pas
dedicated to the public in the plat of Rearr=tment of Orono
Point, lying aoutherly of the ueaterlyextension of the northerly
lint of Let 4, aaiel Rearrangement of Orono point and northerly of
fx line draun westerly perpendicular to the Peat lint of said Lot 4
from a. v:int, on said west line di.atant 182.29 feet northerly from
the aouthwee, corner of said Int 4; also that part of the westerly
half of vacated �otntfr Avenue lying southerly of said o4bove de-
acribed P.rihtndicular line; and also that vxt of the westerly
half of viv.vated Center Avenue lying northerly of the westerly ex-
tension of the northerly lint of said Lsot'4 and lying southerly of
a lint draun easterly at right angles ito the Pestrrly Line of avid
vacated Center Avenue from the point of intersection of Said west-
erly line with a line drawn 10 feet easterly of the following dH-
acribed line: Camanneinz at a point in the centerline of said Cen-
ter Avenue. distant 588.95 feet northerly from the northwesterly
corner of oaid Lot 5; thence southerly along said centerline a
distance of 5 feet to the point of beginning of the lino being de-
scribed; tht:nc* aouthweattrly along a tangential curve to the
right with a radius of 221.17 feet a distance of 169.38 feet, and
said line there rending.
Also
That Fart of vacated Border Avcnut as laid oat and dedicated over
and acroas test of Lot 9 in said Rearranzemsnt of Orono Point
which lice between the westerly line of said Center Avenue and a
lint drawn, drawn across said Border Avenue at right angles to the
oidc linea of said Border Avenue from the point of intersection of
the contorline of *aid Border Avenue with a line described an fol-
low*: BeRinning at a point in the contorlino of acid Cantor Av-
enue distant $68.95 foot northerly of the northwest corner of said
Lot 5; thence aouthcrly along the centerline of said Center Avenue
a distance of 5 feat; tbenee southerly and aouthwesterly colons a
tangential curve to the. right with no radius of 221.17 feet a dig-
tance of 169.38 feet; thence southwesterly tangent to last said
curve a distance of 5 feet; thence aouthwesterly along a tangen-
tial curve to the right with a radius of 445.72 feet a distance of
119.25 feet;. thence aouthueaterly,.went to last said curve a
diotance of 107930sfeet; thence aouthwesterly along a tangential
carve to the left with a radius of 56 feet a,diatarce of 19.7
feet; thence southerly tangont to last paid crave a diotance of
F.8 feet; thence southerly along a tangertial curve to the left
with a radius of 169.7 feet a disumee of 53.9 feet; thence ".th-
crly tangent to last described curve a distance of 20.5 feet;
thence aouthcrly on a tangential carve to the left with a radius
of 78.1 feet to its interaeetiori'vith the centerline of said Bores
�iur'Avcnuh, end said line Vier* ending.,.••':;• '.
.:�to I_t
4 twenty (20) foot wide corridor centered on the following described Line A; commencing at the
ntersection of the centerline of Bracketts Point Road and the southerly lot line of the Property;
thence north on an assumed bearing of north 27°S9'58" west a distance of 206.50 feet; thence
northwesterly on au assumed bearing of north 39°3725 west a distance of 329.47 feet; thence
northwesterly on an assumed bearing of north 43°38' 14" west a distance of 95.16 feet; thence
northerly on an assumed bearing of north 03°50'45" west a distance of 294.91 feet and thus
terminating.
Also a twenty (20) foot wide corridor centered on the following described Line B; commencing
at the most northwesterly corner of the Property; thence easterly along north lot line a distance of
16.21 feet to the point of beginning of Line B; thence southerly on an assumed bearing of south
10°36'05" east a distance of 237.52 feet; thence southerly on an assumed bearing of south
11°20'24" east a distance of 302.75 feet and thus terminating.
Also a twenty {20) foot wide corridor centered on the following described Line C; commencing
at the most northwesterly corner of the Property; thence east along north lot line a distance of
16.21 feet; thence southerly along an assumed bearing of south 10°36'05" east a distance of
237.52 feet to the point of beginning of Line C; thence southwesterly on an assumed bearing of
south 5605639" west a distance of 331.76 feet and thus terminating.
•Ki
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STATE OF MINNESOiA, C�l)�?7Y CF I�ENNEPIN
Certified to be a true r,rjt; ;�;.��t rz copy of the
original an >?le «n�; cf rtc�s,� i� �y,ottice
r�aR 07zo�e
anti Mc"�<<�t� �Gounty Recorder
�� � Deputy
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