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Home My WebLink AboutGrant of permanent easement , , I•reserved for recording inJormation� �i�141V� �� tRli��►i�i�E�1 i Ei4��Vi�i�I FOR PUBLIC DRAINAGE AND UTILITY PURPOSES JERRY ALAN MARTINSON and BONITA M. H. MARTINSON, Trustees of the Jerry Alan Martinson Revocable Trust Agreement dated December 21, 2004, hereinafter referred to as "Grantors", in consideratio� of One Dollar ($1.00) and other good and valuabie consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF ORONO, a municipal corporation organized under the laws of the State of Minnesota, 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 land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit "A" and depicted on the attached survey sketch. iRiri!_InIN(; the riahts ef the Citv its contrac#ors, aqents, servants, and assigns, t� enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public drainage and utility systems over, across, on, under, and through the easement premises, together with the right to grade, level, fill, drain, and excavate the 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 Grantors, for themselves, their successors, heirs, and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above described easement 152160v03 ] ORONO:Casco Point Road Easmts(2970 Casco SRN:r08/17/20l 1 Point Rd-Jerry Alan Martinson Revocable Trust) , premises; that they have the sole right to grant and convey the easement to the City; that there are no unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. The foregoing indemnification and hold harmless provisions shall not be enforceable against Wells Fargo Bank, N.A. Additionally, any successors taking title to the property after foreclosure or deed in lieu. TE TIMONY WHEREOF, the Grantors hereto have signed this easement this day of ��-- � , 2011. GRANTORS: �� /�' � � JERRY LAN MARTIN , Trustee of the Jer Alan Martinson Revocable Trust Agreement dated December 21, 2004 �" -y��"%� i�i� , � �� BONITA M. H. MARTINSON, Trustee of the Jerry Alan Martinson Revocable Trust Agreement dated December 21, 2004 STATE OF MINNESOTA ) ( ss. COUNTY OF HENI�TEPIN � The foregoing instrument was acknowledged before me this � day of � 7� 2011, by Jerry Alan Martinson and Bonita M. H. Martinson, Trustees of the Jerry Ala Martinson Revocable Trust Agreement dated December 21, 04, Grantors. � -- _..1—� � '/'� OTARY PUBLIC THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association ,,,�vvv�,,,,,,,,,�,,,,v,,,,,,.,�,i,�,�w+�vwv�n 317 Eagandale Office Center � ;. � r -,G�ST�VE DONALD EWOLDT 1380 Corporate Center Curve � <.�"� �_,' Notary Pubiic-Minnesota Eagan, MN 55121 � '��;>' �y enmmieaion�xpires�an ai,2ois Telephone: (651)452-5000 SRN 152160v03 2 ORONO:Casco Point Road Easmts(2970 Casco SRN:r08/17/201 l Point Rd-.ierry Alan Martinson Revocable Trust) 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. 1423, according to the recorded plat thereof, Hennepin County, Minnesota, the centerline is described as follows: Commencing at the most southerly corner of said Tract B of said REGISTERED LAND SURVEY NO. 1423; thence North 57 degrees 55 minutes 34 seconds West, assuming the southeasterly line of said Tract B bears North 48 degrees 28 minutes 44 seconds East, a distance of 132.75 feet to the southwesterly line of said Tract B and the point of beginning of the centerline to be described; thence iyL�r�h 70 degr�es a7 minutes 0! �ec�nds �ast, 2.5.?� fe�t; tha^ce �lorth 15 degrees 40 !�inutes 07 seconds West, 19.31 feet; thence North 64 degrees 25 minutes 47 seconds East, 107.09 feet; thence North 67 degrees 03 minutes 15 seconds East, 125.80 feet to the shoreline of Lake Minnetonka. The sidelines of said easement are prolonged or shortened to the southeasterly line of said Tract A. Said drainage and utility easement contains ±1,196 square feet. (TORRENS PROPERTY- COT#1155847] 152160v03 � ORONO:Casco Point Road Easmts(2970 Casco SRN:r08/17/201 1 Point Rd-.ferry Alan Martinson Revocable Trust) , �EE ATTACHED SURVEY SKETCH . ' �.�. �r� a� oRo�o _ � � -- � �_ . � �_,:.-_� `1' -.� � T"')A/�T A . ihnvi n � �,�r. — .� �;,� �� _ � C; � , , �i..: ,_`�h � C_�,� t,��0� ,��'.-' C.7 ��"� ' � �� Si � �{ H 'c. C�� c �i F� O v'�f�e ,G;--� �`'F te�c�� 1�� -�c�' Cj ;�v'r�� ,.C;��>� I �' ```F _ �� ., ��--.- ,,� =i � /- ' I � %� � �g .,� i '�: C7 � �/N6O°��' � / t � , ,- 1� `� Tn A/�T � I � , ,�.��, , . '�_=---�s.�, u � r �.. N�64 ��,�, � ��,, . ,' _ �� 0'r�,., i w�-. i•t ... „ — � ! a. _ " 2� �; ,(�. O� r.. � ! ` �, 0.� �e 0., <,, � N�p�4,. <'� � ,� � �� ,O"r`h ��, ��c C"r�t��,, .��' �,<��,�`' �. �.,, � � ��`L ^r� F o " .^: 5'� �, � 6 sf 5'� � � eo 2- LEGEND: �-��—� ��'�. �`,��`��'�' �° cc�� ' ��'�`, 0 ��'� " "'%P s�-�� ti '�°,o" � Drainage and Utilicy Easement A �G or �4� s �' . �-�G,� 7q �1� � � t �� c r 1 �L'1''1 ` ��',f G, Drainage and Utility Easement A 10.00 foot permanent easement for drainage and utiiity purposes over, �nder, and across that part of TraC A., REGISTERED LAND SURVEY NO. 1423, according to the recorded plat thereof, Hennepin County, Minnesota, the N centerline is described as foliows: Commencing at the most southerly corner of said Tract B of said REGISTERED LAND SURVEY N0. 1423; thence North 57 degrees 55 minutes 34 seconds West, assuminq the southeasterly line of said Tract B bears North 48 degrees 28 minutes 44 seconds East, a distance of 132J5 feet to the so�thwesterly iine of said Tract B and the point of beginning of the centerline to be described; thence North 70 degrees 47 minutes 01 second5 East, 25.23 feet; thence North 16 degrees 40 minutes 07 seconds West, 19.31 feet; thence NoRh 64 degrees 25 minutes 47 seconds East, 107.09 feet; thence North 67 degreas 03 minutes 15 seconds East, 125.80 feeY to the D 25 50 shoreline of Lake Minnetonka, The sidetines of said easement are proionged or shortened to the southeasteriv Haizontal Sco�e In Feet line of said Tract A. Said drainage and utility easement contains ±1,196 square feet. FILE NAME 7390�O��V6O�.Ciwq PROJ. N0. ��0�,;��'3 DRAVJN �,)R �SURVEY I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROrE55I0NAL LAND SURVEYOR S�. E�aUE�� UNDER THE LAWS O"r THE STATE OF MINNESOTA. �� Z335 West Highway 36 PRINT NAME: DANIE� J. ROcBER � 5� Paul, MN 55113 / �=-�i'--- Phone, 551-636-46D0 �� „oo Fax: b51-636-Z3?? SIGNATURE: vYVNIN.bonestroo.com � i. � DHTF `'� LY� �C7� LTC. NO. 4.'�1JJ 152160v03 � ORONO:Casco Point Road Easmts(2970 Casco SRN:r0811 7/20 1 1 Point Rd-.1err}�Alan Martinson Revocable Trust) , � ' ' , . Consent of Lien Holder Wells Farqo Bank, N.A. ("Lien Holder"), is the current holder of a Mortgage dated February 18th, 2009 as recorded in Document No.T4619632, hereby consents to the grant of the foregoing Permanent Easement for Public Drainage and Utility Purposes dated September 2�d, 2011 by Jerry Martinson and Bonita Martinson to City of Orono and joins in the execution hereof solely as Lien Holder and hereby does agree that in the event of the foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non-judicial proceedings, the same shall be sold subject to said Permanent Easement for Public Drainage and Utility Purposes. SIGNED AND EXECUTED this �day of September, 2011. Welis Fargo Bank, N.A. By: Z Ralph . Hall, Vice President STATE of Maryland COUNTY of Frederick BEFORE ME, the undersigned authority, on this day personally appeared Ralph L. Hall, Vice President, of Wells Fargo Bank, N.A. known to me to be the person and Officer whose name is subscribed to the foregoing instrument and who acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said Bank. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS �day of September, 2011. �f} � �"c.. �.. \. ��,, Notary Public S _ - # Maryland ��` Kristin Jolliff ypTARV '+y o � My commission expires: 12i2u/2Gi4 ��. �raH� � WGn""°`F�'�?l�4�; Stantec Consulting Services Inc. 2335 Highway 36 West St. Paul MN 55113 Tel: (651)636-4600 = Fax: (651)636-1311 --- ----------- ---- $'�3ntE� �Bonestrao Melanie Curtis To: City of Orono P.O. Box 66 Cr stal Ba , MN 55323 Date: 9/30/2011 We are sending you: � Attached Project: Casco Point Reconstruction ❑ Specifications � CC'rly !''f �@ti?C Project No.: 139-08023-0 ❑ Shop Drawings ❑ Change Order Copies Description Code 1 Wells Fargo Executed Consent Form for 2970 Casco Point Rd. 2 These are transmitted: (See Code) 1. For approval 5. Approved 9. Not reviewed 2. For your use 6. Approved as noted 10. 3. As requested 7. Revise and Resubmit 11. 4. For review and comment 8. Rejected 12. Remarks: RE�� o�T o �� Signed: Jared Ward Cj� `��J1j oF�R�Nu Copy: Darren Amundsen � Wells Fargo Home Mortgage MAC X3802-03A � 8480 Stagecoach Circle • � • ' Frederick,MD 21701 September 19, 2011 BONESTROO Attn: JARED WARD 2335 HIGHWAY 36 W ST PAUL, MN 55113 Dear JARED : RE : i,oan Nurnber : 0096222849 Client "/08 Mortgagor : Jerry A Martinson Bonita M H Martinson Address : 2970 Casco Point Road �' Wayzata MN 55391-9415 � Matter : PUBLIC DRAINAGE & PUBLIC UTILITY EASEMENT ' Please find enclosed the original signed CONSENT document for the above-referenced loan. Please have the original document recorded with your local recorder ' s office . Once the document has been ; recorded, we require that you return the originaT recorded or a certified � copy of the recorded document to our office at the following address : � Wells Fargo Home Mortgage F ��Y" � MAC X 3 8 0 2-0 3 A � 8480 Stagecoach Circle � J�'C�/� Frederick, MD 21701 a �\, u p, V This copy will be placed in our loan file and if necessary, provide us ; with the documentation needed to obtain an endorsement to our title policy. ; Thank you for your cooperation and assistance in this matter. Should you have any questions, please feel free to contact me ; at the telephone number listed below. `` Sincerely, • �- �� IE �Ci`_C _ ? s Kristin Jollif � " Land Transactions and Servicing Support � Phone : (240) 586-7511 Fax: (240) 586-8641 � '� Enclosure x � S0010/CUE Together we'll go far < . _ � _- ; Wells Fargo Home Mortgage is a division of Wells Fargo Bank,N.A.NMLSR ID 399801 �^ ''� `� . '� � , : � . . , �`�7v � �o P� � . Doc No T4898237 Certified, filed and/or recorded on 11/2/11 9:05 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael I�. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 26 Pkg ID 747031 Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1155847 This cover sheet is now a permanent part of the recorded document.