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Home My WebLink AboutGrant of permanent easement .� �-,�, (reserved for recording information) GRANT OF PERMANENT EASEMENT � FOR PUBLIC DRAINAGE AND UTILITY PURPOSES ANTHONY DETERMAN and TRINA DETERMAN, husband and wife, hereinafter referred to as "Grantors", in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto the CITY OF ORONO, a municipal corpor'ation 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. INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to 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 • . premises; that they have the sole right to grant and convey the easement to the City; that there are no 152152v01 1 ORONO:Casco Point Road Easmts `�� SRN:06/03/2010 (3026 Casco Point Rd-Determan) •..'sL j+'� �. . „ . • 3_ ,_ . a' . . . . unrecorded interests in the easement premises; and that they will indemnify and hold the City harmless for any breach of the foregoing covenants. IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this � day of .�� , 2o1�„i ,� �� GRANTORS: C� -� _� --� ANTHONY DET MAN T NA DETERMAN STATE OF MINNESOTA ) ( ss. COUNTY OF��`f"L� ) The foregoing instrument was acknowledged before me this 5 day of , 201�j by ANTHONY DETERMAN and TRINA DETERMAN, husband and wife, Grantors. � NOTARY P L :� � . . THIS INSTRUMENT WAS DRAFTED BY: �SH�.�Y HALL CAMPBELL KNUTSON �a P10TARY PUSUC 1vfiNNESOTA Professional Association ��'��`� �dy Ccmmi:s�a�Ez;,+res Jan 31.2013 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651)452-5000 SRN 152152v01 2 ORONO:Casco Point Road Easmts SRN:06/03/2010 (3026 Casco Point Rd-Determan) 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 Lot 2, Block 1, KELLY 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, the centerline is described as follows: Commencing at the most westerly corner of Lot 2, Block 1; thence North 41 degrees 30 minutes 35 seconds East, assumed bearing, along the northwest line of said Lot 2, a distance of 10.66 feet; thence South 48 degrees 29 minutes 25 seconds East, 113.88 feet to the south line of said Lot 2, and also the point of beginning of the centerline to be described; thence North 25 degrees 31 minutes 55 seconds East, 99.34 feet; thence North 23 degrees 46 minutes 48 seconds East, 36.87 feet; thence North 28 degrees 16 minutes 54 seconds East, 57.11 feet; thence North 30 degrees 51 minutes 15 seconds East, 69.30 feet to the shore line of Lake Minnetonka as located and said centerline there terminating. Said drainage and utility easement contains t2,627 square feet. �TORRENS PROPERTY- COT#1210793] 152152v01 3 ORONO:Casco Point Road Easmts SRN:06/03/2010 (3026 Casco Point Rd-Determan) MORTGAGE HOLDER CONSENT TO EASEMENT MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation, as nominee for Quicken Loans, Inc., a Michigan corporation, which holds a mortgage on all or part of the property more particularly described in the foregoing / attached Grant of Permanent Easement, which mortgage was recorded February 22, 2010 as Document No. 4732032 with the office of the County Registrar of Titles for Hennepin County, Minnesota, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consents, and is subject to the foregoing /attached Grant of Permanent Easement. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. BY: Its AND Its STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2010, by and by the and of Mortgage Electronic Registration Systems, Inc., a Delaware corporation, as nominee for Quicken Loans, Inc., a Michigan corporation, as Lender. NOTARY PUBLIC DRAFTED BY: CAMPBELL,KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 Telephone: (651) 452-5000 SRN 152152v01 t� ORONO:Casco Point Road Easmts SRN:06/03/2010 (3026 Casco Point Rd-Determan) SEE ATTACHED SURVEY SKETCH 152152v01 5 ORONO:Casco Point Road Easmts SRN:06/03/2010 (3026 Casco Point Rd-Determan) CITY OF ORONO Mnh�le�%� � �� et e - -. �\ ��2 ��¢ �f� 0 0 0 - - �\ /p9� �e It rl I \i ___._ �f_.. _... �:._ \\�l f�Ll_L_ I �� `.- — � ��. � ��, _� � � � � � � �� Q O� � �� /� •��`�� O�'� / o�. �� ooh k � �� P j � �� O �� o i' �i o 0 '�� i �,..�C` 0 ��` '�`Q� ° �� ..��• /i �� ,� � Q-O .�\ t�,+,�.�`�, o�c � ��`°O �-,;. ;� �c•\' .<v ! � � 0 � �` ; �1 �`��'�\O o��,'c�,l�,�' j f �" ^`�^r� ! ;. ��,��°PO ��`�, ,' ��^' r , i � '� x,��,�0 � 'f �_v i �� L�'i_vv�� i = � ;. C��t�� ,� 11 ,,,�l .�v � /o�� „� 11 �:' ��vV � �.� � �` �� pr.� , op-�. .\ c�^ ,�' ^�^� � . � od- �ry � ^2 �� .� � � €,, � � i `,' \ � i, ,<v � �v�� `,.\ r S ,tr� � a �- ��,��r'� `�\ A�29, o�� ..� `�� `�8�,5�, �Nv�°j� 1.�L1 /�� i :. .ti A f1!1 I'T I/'1 A I nUVI I IL/I V Drainage and Utility Easement - �- - - --�� A 10.00 foot permanent easement for drainage and utility purposes � over, under, and across that part of Lot 2, Block 1, KELLY 2ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, the centerline is described as follows: Commencing at the most westerly corner of Lot 2, Block 1; thence North 41 degrees 30 minutes 35 seconds East, assumed bearing along the northwest line of said Lot 2, a distance of 10.66 feet; thence South o 25 50 48 degrees 29 minutes 25 seconds East, 113.88 feet to the south line Horizontal Scole In Feet of said Lot 2, and also the point of beginning of the centerline to be described; thence North 25 degrees 31 minutes 55 seconds East, 99.34 feet; thence North 23 degrees 46 minutes 48 seconds East, 36.87 feet; thence North 28 degrees 16 minutes 54 seconds East, 57.11 feet; thence North 30 degrees 51 minutes 15 seconds East, 69.30 feet to the shore line of Lake Minnetonka as located and said LEGEND: centerline there terminating. � Drainage and Utility Easement Said drainage and utility easement contains f2,627 square feet. FILE NAME 13908023V604.dwg PRo�.rvo. 13908023 DRAWN DJR suRVEv I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION �� Pau��ce AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. 2335 W2St HICJI1Wdy 3C P�NT NAME: DANIEL J. ROEBER St. Paul, MN 55113 / �=yC�--- Phone: 651-636�600 Bonestroo Fax: 651-636-1311 SIGNATURE: WWW.bonestroo.CORI DATE 05/26/2010 Ic. No. 43133 .... s � _ ..�y e . ,. �� .., . '!},,.� . � � .�.!ti:- .. . . �-�:.�t:�.�.�`�., .l 1�l�:. . � .�'..�5,� � Melanie Curtis . From: Melanie Curtis �Sent: Tuesday, .iuly 12, 2011 2:58 PM To: Trina Determan '« Cc: Jared.Ward@bonestroo.com � � `'� Subject: FW: 3026 Casco Point Rd - Determan � Trina � - Piease see below for the message I received from our attorney regarding the mortgage consent for the easement. Please submit the mortgage consents etc as outlined in the message below. Also to answer the other questions you posed... . 1. Your request to fill in the areas along the depression near the manhole, etc should be discussed with Jared Ward. He requires that you submit a plan drawn to scale on your survey showing hpw much dirt (in cubic yards) you intend to place and how the grade will be changed in the process. No encroachment or berming will be permitted. The water must still be allowed to flow overland and not back up on the Ronenigen driveway. Your plan should be illustrated by hatching the area to be filled, indicate how high you intend to fill it, and what the boundaries of the fill area would be. 2. The existing easements are not able to be vacated as they still function for overland flow of stormwater. • ��' , 3. You may install a post for a fence within the easement area. Please be aware, as we discussed, that at any f��c;;,,''"�� the City may need to work within the easement area and the fence or post may be removed or damaged. The. City will not be liable for this damage. 4. Regarding removal of survey monuments, it appears it is illegal. However, as I understand the law, the"survey monument"must meet the definition below. A wooden lath or stake does not meet the definitic�n. From MN State Statute: https://www.revisor.mn.gov/statutes/?id=505&view=chapter&year=2010&keyword type=exact&keyword=surve y#stat.505.01 Chapter 505.01 PLATS, DONATIONS, PURPOSE, DEFINITIONS (g) "Plat monument" means a durable magnetic marker placed at all locations required by this chapter or other locations as shown on the plat. Chapter 505.33 VIOLATIONS; PENALTY. Any person who intentionally removes, destroys, or defaces a monument lawfully erected is guilry of a misdemeanor. Please let me know if you or Andrew have any questions. Melanie . Melanie Curtis Planning &Zoning Coordinator � City of Orono : 2750 Kelley Parkway • � Orono, MN 55356 ' ::�',: ti r;: Direct Dial: 952.249.4627 • ' ' . Fax: 952.249.46i6 - ,}�', ��.i , Planning &+.�oning Office 952.249.4620 `'`?� � Email: mcurtis(a�ci.orono:mn.us � � : �� , Website: �iww.ci.orono.mn.us .. , . ;p:• Suinrne�Office Hours (Manday, May 23rd to Friday, September 2nd) .� Y � ` ,�. - .• �.. . �'. . r .�., .' iAfc'".. ' 1; .. �', RSr�, ,� y= , � . p... . ,♦ , 1 . � .. , iy � � '_ . .(�- � . ''.s,.� . . �. .�X ' . t `� + , ' - �. . . . . _:k'. .,. .. - .� . . . . . - . .. ... .. . N` ' . .. „ ' � . _ . � ...... a. , Monday - Thursday 7:30 am to 5:00 pm Friday 7:30 am to 11:30 am From: Sue Nelson Sent: Thursday, July 07, 2011 2:59 PM To: Melanie Curtis Subject: RE: 3026 Casco Point Rd - Determan Hi Melanie, I obtained an updated copy of the Certificate of Title ("COT") for the Determan property at 3026 Casco Point Rd. The updated COT is still showing the MERS/Quicken Loans, Inc. mortgage as the only mortgage against the property—there is nothing of record by Bank of America. You should ask the Determans to provide us with a copy of the mortgage or assignment of mortgage held by Bank of America so that we can determine what needs to be done. If Bank of America is a new mortgage holder that paid off the MERS/Quicken Loans mortgage, we will need a Consent to Easement from Bank of America --a Satisfaction of Mortgage from MERS/Quicken Loans also needs to be filed of record. If the MERS/Quicken Loans mortgage was assigned to Bank of American pursuant to an Assignment of Mortgage document, the Assignment of Mortgage needs to be filed of record and we will also need a Consent to Easement from Bank of America. Please call if you have any questions., 2 Melanie Curtis From: Melanie Curtis Sent: Wednesday, July 06, 2011 8:59 AM To: Soren Mattick Cc: Jared Ward Subject: 3026 Casco Point Rd - Determan Attachments: admin@ci.orono.mn.us_20110706_085349.pdf Soren I spoke with the property owners yesterday and they would like to finally take care of this easement. One issue- page 4 of the attached references Quicken Loans as the mortgage company. The Determans tell me that Bank of America now holds their mortgage. I told them to contact Bank of America to find out how to obtain their consent on this easement. 1. Do they need the satisfaction of mortgage form from Quicken Loans? (}✓� 2. Do you need to do a new title search? Will you? � 3. Can we then just replace the page 4 with a new consent page? 1, 4. Orwhat......? 0 5� r/r�j �� V � Melanie Curtis 952.249.4627 mcurtisCc(c�ci.orono.mn.us -----Original Message----- From: admin On Behalf Of admin@ Sent: Wednesday, July 06, 2011 8:54 AM To: Melanie Curtis Subject: Scanned image from MX3100 Reply to: admin(a�ci.orono.mn.us <admin(a�ci.orono.mn.us> Device Name: MX3100 Device Model: MX-3100N Location: Orono File Format: PDF MMR(G4) Resolution: 200dpi x 200dpi Attached file is scanned image in PDF format. Use Acrobat(R)Reader(R) or Adobe(R)Reader(R) of Adobe Systems Incorporated to view the document. 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