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Home My WebLink About05/16/2011 - Ltr and info oneasement , i , � O� � 0� CITY of ORONO ��:� �� Municipal Offices ,.� �';��'f � ... � Street Address: Mailing Address: `�+� �� ' �Y�I�o � 2750 Kelley Parkway P.O. Box 66 'C�� ,f�r�ti#t�, G�' � ��a;, �� ,� Orono,MN 55356 Crystal Bay,MN 55323-0066 7,� �,y. �kESH04� 16 May 2011 SENT VIA U.S. CERTIFIED MAIL NO.: 7007 0220 0000 1989 7763 Harry E. Pulver, Jr. 105 Meadow Lane N Minneapolis, MN 55422-5304 RE: Easement for 2691 Caroline Avenue Mr. Pulver: According to Jared Ward, Orono's consulting engineer, repeated attempts have been made to ! connect with you regarding the easement you agreed to grant to the City over your property at 2961 Caroline Avenue in 2009. Enclosed is a copy of said easement document. Please sign the easement document, in front of a notary, and return the easement in the enclosed envelope. If it is more convenient for you the City has a notary available to witness your signature. Please contact me to set up an appointment. If you have any questions, please contact me at cmattson(a�ci.orono.mn.us or at 952-249-4620. Sincerely, CITY OF ORONO C istine Mattson Planning Assistant Enclosure Telephone (952)249-4600 • Fax (952) 249-4616 www.ci.orono.mn.us , : 5 � 2.to91 tiiri� f;-r�r.��. � � . . . . . ■ Complete items 1,2,and 3.Also complete A. i natare item 4 if Restricted Delivery is desired. — � /"1 ' �i` ❑A ent ■ Print your name and address on the reverse ��i ,n " ' g �� `� ��' cidressee so that we can return the card to you. g. Rec ivecYb (PrinledNam� C. Date of Delivery ■ Attach this card to the back of the mailpiece, ,�.,�,„; , or on the front if space permits. � 1. tirticle Addressed to: D. Is delivery addfess different from il�m�31? ❑Yes If YES,enter delivery address below: '>� ❑ No ' HAY 17 Zi".i }� l�4rry G �ul�er, Jr, � �05 I�eadow I�.r��- �1 3. Service Type _;';- ��nn�`lJ m� ��-yr-�y,�1— �eaified Nlail, 17 6�ress'fVlail `-^-' '� ❑Registered 17 kietum Receipt for Merch ��' ❑Insured Mail ❑C.O.D. 4. Restricted Deliveryt(Extra Fee) [�y� 2_Article Number (Tiansfer from service fabe/J 7 0�� 2 2� 0 0 0� 19 8 9 �7 6 3 PS Form 3811,February 2004 Domestic Retum Receipt io2sss- ' ' • � �UrOu 11� A1r� Y - � , � •. . � � r o-. ` � �.u �.:�� Postage $ t. Zg r-� 0 Certifled Fee �/ I$'S �,.RY S Tq O � /n Postmafk � Retum Receipt Fee � -� (T � (Endorsement Required) 2,� �� Here� '9� Restricted Delivery Fee � � O (Endorsement Required) ) � Z � ,( �� Total Postage&Fees � �� G ��q � � Sent To �'�, • - � J ��3�,3-- --------- - }�(� O Street,Ap(--- --•---�----•-��----`---"-�V------ ---------- fti o�PO Box N � ----- ------"�05__iVIt�C�?1.N.__,l-4�rle- - �,�;s�e�B, 4 Yl ll I�1� -------- -�LZ-5--------- :�� . GRANT OF PERMANENT EASEMENT HARRY E. PULVER,JR., a single person, "Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF ORONO, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for public drainage and utility purposes over; across, on, under, and through the land situated in the County of Hennepin, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit"B". INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and throubh the permanent easement premises, together with the right to grade, level, fill, pave, drain, and excavate the permanent easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public drainage and utility systems. The above named Grantor, far himself, his heirs, successors and assigns, does covenant with the City, its successors and assigns, that he is well seized in fee title of the above described 148697v1 1 easement premises; that he has the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that he will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day of , 2011. GRANTOR: Harry E. Pulver, Jr. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2011, by Harry E. Pulver,Jr., a single person, Grantor. Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651)452-5000 SMM/cjh 148697v1 � EXHIBIT "A" TO GRANT OF PERMANENT EASEMENT A 10.00 foot permanent easement for drainage and utility purposes over, under, and across that part of Tract A, REGISTERED LAND SURVEY NO. 151, Hennepin County, Minnesota, the centerline is described as follows: Commencing at the southeast corner of said Tract A; thence North 62 degrees 13 minutes 32 seconds West, assumed bearing along the southwesterly line of said Tract A a distance of 55.44 feet to the point of beginning; thence North 87 degrees 13 minutes 12 seconds East, 43.03 feet; thence North 31 degrees 49 minutes O1 seconds East, 221.87 feet; thence North 28 degrees 18 minutes 28 seconds East, 19.53 feet to the shore line of Carmen's Bay, Lake Minnetonka as located and said centerline there terminating. The sidelines of said easement are prolonged or shortened to said southwesterly line of Tract A. 148697v1 3 CITY OF ORONO � S coh��e��h e Drainage and Utility Easement �8 ke Mh s e°f A 10.00 foot permanent easement for drainage and utility �1�j�6��g�et� � purposes over, under, and across that part of Tract A, � � REGISTERED LAND SURVEY N0. 151, Hennepin County, \� 1 Minnesota, the centerline is described as follows: � Commencing at the southeast corner of said Tract A; thence `'r-,•�'�T�-�,r-'� � � I\LVI" IL_I \L_V � �� J North 62 degrees 13 minutes 32 seconds West,assumed � � � bearing along the southwesterly line of said Tract A a distance �� of 55.44 feet to the point of beginning; thence North 87 degrees �' 13 minutes 12 seconds East, 43.03 feet; thence North 31 ��,�.F, degrees 49 minutes 01 seconds East, 2Z1.87 feet; thence North '�, 28 degrees 18 minutes 28 seconds East, 19.53 feet to the shore ca�� line of Carmen's Bay, Lake Minnetonka as located and said ��' �\i centerline there terminating. The sidelines of said easement are T�',"•,"T ,� � prolonged or shortened to said southwesterly line of Tract A. HARRY E. PULVER JR. � Said drainage and utility easement contains t2,844 square feet. PID: 20-117-23-24-0025 � � .•� � � � n n ir� ^i i�� ir-�i � �� _r�� vv „vi � v �_ i O^ � °j� \ ��/ / Y � � c � � �� n i� ��,r c=o' i vu. i i�.� o v � N , i N87°13'3��E / ��v i 4� .c Q' i � � i � � �o�o � �4 w 62S 4 Ji � R�S�t�t�st ��2" '�� No q, e W�— 0 25 50 I�s � \ , Horizontal Scale In Feet \\ � � � � LEGEND: � Drainage and Utility Easement FILE NAME �.39�8�23�/6�.3.dWg PROJ. N0. �3gO8OL.� DRAWN ��R SURVEY I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION,OR REPORT WflS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION St. Paul Office AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. 2335 WPSt HlghWaY 3� PRINr NAME: DANIEL J. ROEBER St. Paul, MN 55113 Phone: 651-636-4600 Banestroo Fax: 651-636-1311 SIGNATURE: / WINW.bORPStf"OO.00�17 DATE 10/13/2009 �c. No. 43133 . f, �d -��Yr� Christine Mattson � From: Pulver Harry [hpulver@comcast.net] ' l � Sent: Tuesday, June 07, 2011 12:34 PM � �� ` To: Christine Mattson Subject: Harry Pulver 2691 Caroline Ave. Attachments: IMG_0145.JPG; ATT00001.txt Christine Mattson- I have received your letter requesting me to sign off on the easement for my property. You letter is incorrect in that I have spoken with 7ared Ward on many occasions and have been waiting for Bonestroo to remedy this problem created by their drainage system install. This system has not functioned as promised from the day it was installed and my backyard has never looked worse. I am trying to get this situation addressed with 7ared, but fear that the pipe was installed at too low an elevation and will never drain properly into the lake. Please find my most recent correspondence attached below, as well as some photos. Sincerely Harry Puver Hi Jared- I just wanted to send these pictures to you so you can see what my concerns are. These were taken 5/17/11, about a week after a big rain. You can see that the lake is high, and coming over the rip rap. My greater concerns are the swampy puddles that remain at the end of the drainage pipe and the gully of mud and water that continues to the lake. When I initially agreed to this project, I was concerned that this would be the result and you assured me that, apart from a few days after a big rain, the drainage area would remain dry. As you can see in the photos, this obviously is not the case. Oon 6/5/11, many days after any significant rainfall, and the drainage area looked the same. When you approached me initially regarding this project, you mentioned that the re-surfaced streets would all have new curbs that would direct all the neighborhood water to my yard regardless of what I decided. I felt that I really didn't have much choice here - either say no and have more water than ever before funneled into my yard, or say yes and have this new drainage system installed. Right now, my backyard looks worse than it ever has. While I used to get some gully-washers that would erode some of the soil on the hill and leave my backyard spongy for a few days, I never had a gully of mud, debris, water and weeds that remained wet all summer and into the fall. Please take a look at these attached photos. Maybe we can talk again after you've had a chance to see them. My concern is that the drainage pipe was installed improperly and exits at too low an elevation in relation to the lake level. The water can't run uphill. Thanks very much- Harry Pulver � Melanie Curtis From: Ward, Jared T [Jared.Ward@bonestroo.com] Sent: Monday, May 02, 2011 9:21 AM To: Melanie Curtis Cc: Tom Kellogg Subject: RE: harry pulver Attachments: DOCS-#148697-v1- GRANT OF PERMANENT EASEMENT_D_&_U_ORONO_HARRY_PULVER.DOC; 13908023V603-sig ned-101309.pdf Melanie, Attached is the easement information for Harry Puiver's property at 2691 Caroline Ave. His permanent address is: 105 Meadow Ln N Minneapolis, MN 55422-5304 763-377-1797 I have called Harry at the above number for over a year attempting to get a response. Initially, following the work, I dropped the easement documentation off with him at his Caroline Ave. property. About a year ago I mailed him copies of the easement documents to sign and mail back. Since then he has not returned any phone calls. The work on his property is complete. Last fall there was some minor restoration corrections made. Please let me know if you have any questions. Thanks, , Jared IG%�' lJ� 7ared Ward, PE �QA / Direct 651-967-4681 I /�/ vV Cell 651-239-9428 11v � `��'" � I iared.ward@bonestroo.com � (/ Bonestroo � �-�i�C � �1� � . Visit the new Bonestroo.com to sign-up for SourceONE, � � f our upcoming newsletter. /' � h � O` �� From: Melanie Curtis [mailto:MCurtis@ci.orono.mn.us] Sent: Friday, April 29, 2011 8:48 AM To: Ward, Jared T Subject: harry pulver Send me info on this easement. Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, MN 55356 Direct Dial: 952.249.4627 Fax: 952.249.4616 1 Planning &Zoning Office 952.249.4620 Email: mcurtisCo�ci.orono.mn.us Website: www.ci.orono.mn.us 2