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HomeMy WebLinkAboutTrail easement-2008 W UIIJ � ,��` L��fi�, �IOCK-� Doc No 9197405 10/23/2008 03:41 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 451029 Deputy 55 Fees $35.50 DOC $10.50 SUR $46.00 Total TRAIL EASEMENT THIS INDENTURE, made this ��day of June, 2008, by and between E. Joseph LaFave, Trustee of the Helen Snyder Waldron Qualified Personal Residence Trust dated March 15, 2000 and Trustee under Article 4 of the William L. Waldron, Jr. Qualified Personal Residence Trust under Agreement dated March 15, 2000; Lucinda W. Chorley and Michael Chorley, wife and husband; Stacey W. Eastman and Patrick Eastman, wife and husband; and Wendy W. Burton, a single person, hereinafter referred to as "Grantor(s)", and the City of Orono, a municipal corporation, hereinafter referred to as "Grantee". WITNESS, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual, non-exclusive easement for public ingress, egress, and access for non-motorized trail purposes and uses, including the right to construct and maintain the same, together with the right of the public for access over, above, under and across the land located in the State of Minnesota, County of Hennepin, City of Orono, legally described on the attached Exhibit A, including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, operate and repair a gravel or paved trail and any and all appurtenances, incidental and related thereto (all of which are hereinafter referred to collectively as the Improvements). The Grantee shall have the right to make use of said land as is reasonably necessary and advisable to the construction, installation, maintenance, operation and repair of the Improvements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) covenant that they are in fee title to the above property, have a lawful right and authority to convey and grant this easement, and that the land is free from all encumbrances, except those listed on the attached Exhibit B. �Signature page follows - The remainder of this page is intentionally left blankJ Loc � 1 IN WITNESS WHEREOF, the Grantor(s) have executed this document on the day and year set forth above. GRANTORS: �_ E. Jose LaFave, Trustee of the Helen Snyder Waldron Qualified Personal Residence Trust dated March 15, 2000 and Trustee under Article 4 of the William L. Waldron, Jr. Qualified Personal Residence Trust under Agreement dated March 15, 2000 STATE OF MINNESOTA ) ) ss. COUNTY OF 1}�N d�►��� ) The foregoing instrument was acknowledged before me this I a� day of ��--t_ , 2008, by E. Joseph LaFave, Trustee of the Helen Snyder Waldron Qualified Personal Residence Trust dated March 15, 2000 and Trustee under Article 4 of the William L. Waldron, Jr. Qualified Personal Residence Trust under Agreement dated March 15, 2000. .�--,. 1 ' NOTARY PUB IC R � L�LA W. KJ�NSTAD NOTA6�Y PEJBLIC-NUiNESOTA Uq Conrnlpwn E�Ys��.S1,29w �r ■ Lot 1 2 �i�v c�, W �/\-� l� Lucinda W. Chorley Mic ael Chorley STATE OF MINNESOTA ) ) ss. COUNTY OF �H��N��1� ) � The foregoing instrument was acknowledged before me this �a day of � w�.�_ , 2008, by Lucinda W. Chorley, married to Michael Chorley. �.. �--� l � NOTARY PUBLIC ■ i-�91.�41N. K.fEM8TAD STATE OF MINNESOTA ) � ' �'�����"�TA )ss. , ur�adoa,��,,,.�,soto COUNTY OFt1�.�►N��`CL ) ` The foregoing instrument was acknowledged before me this �� day of ���_ , 2008, by Michael Chorley, married to Lucinda W. Chorley. �� NOTARY PUBLI ■ . : F:��,4 tM. 6�J�NSTAD ,� �9�7TA�RY F'UiiUGAplWE'80TA �'��xvt�e�.s�,m�a s ■ L,ot 1 3 � � � Stacey W. .,astman � n �?��� � �� .- _- � � Patrick Eastman STATE OF MINNESOTA ) ) ss. � COUNTY OF ���1'�l`tS ) The foregoing instrument was acknowledged before me this �Ol� da of Y ��--`_ , 2008, by Stacey W. Eastman, married to Patrick Eastman. � . �. -�.��z�-�--� NOTARY PUBLIC s ■ L�3LR l�d. K.�EPlSTAD STATE OF MINNESOTA � . �`���RY PUBLJC-IO�OPiE'�TA ) ss. �iv c�n Eyprea�e..sa,mta r� ■ COUNTY OF tNN���) � The foregoing instrument was acknowledged before me this 1� day of J�_ , �008, by Patrick Eastman, married to Stacey W. Eastman. � `� �- � :��� N TARY PU� � � � ,�, �.C3LA A�. 6t�EEN�TAD Fa�T�s�'�PtYt3d.fG-�fl1�80TA e klq Cu�:�s ben.3�I.2ot0 m � L,Ot 1 4 � Wendy W. Burton, by Lucinda W. Chorley, her attorney in fact STATE OF MINNESOTA ) ) ss. COUNTY OF ��t�."�i tJ ) The foregoing instrument was acknowledged before me this ��`` day of ��_ , 2008, by Lucinda W. Chorley, as attorney in fact for Wendy W. Burton, a single person. � � �� NOTARYPUB C � ° . LJL.A,�, KJEMSTAD This instrument was drafted by: �t��t�r Pu�t.iGdIINNESOTA City of Orono �r c���+�"��'�Z0f0 2750 Kelley Parkway • " P.O. Box 66 Crystal Bay, MN 55323 (952) 249-4600 017524/250001/9�1356 2 Lot 1 5 Exhibit A Le�al Description for Trail Easement—Lot 1 The westerly 10.00 feet of Lot l, Block 1, WALDRON WOODS. Lot 1 6 Exhibit B Title Encumbrances 1. Resolution No. 4476 from the City of Orono for Conditional Use Permit filed as Document No. 7385626. 2. Easement Agreement with Qwest Corporation filed April 11, 2001 as Document No. 7452728. 3. Easement in favor of the Metropolitan Waste Control Commission dated April 17, 1975, filed April 25, 1975, as Document No. 4137702. 4. Driveway Agreement dated May 24, 1983, filed August 4, 1983, as Document No. 4815493. 5. Driveway Agreement dated November 14, 1977, filed December 9, 1977, as Document No. 4340542. 6. Easement for Fox Street and Brown Road, as set out on available County maps. Lot 1 �