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HomeMy WebLinkAbouttrail easement-2008 . i� � � s�.-� Doc No 9197406 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 TransiD 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 Lot ? i IN WITNESS WHEREOF, the Grantor(s) have executed this document on the day and year set forth above. GRANTORS: j _ E. eph 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 ) The foregoing instrument was acknowledged before me this l� day of ��� , 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. W1 NOT RY PUBLIC O $ , !t����. €t.lENSTAD a�'�iR6�Y Pi�3LfC-AAIWNESOTA � � �kq Co�elw�Eaq�tr�s Jen.al.2ofo r� x Lot 2 2 �� ���L� Lucinda W. Chorley � Mic ael Chorley STATE OF MINNESOTA ) ) ss. COUNTY OF ' ) The foregoing instrument was acknowledged before me this � day of ��.�-- , 2008, by Lucinda W. Chorley, married to Michael Chorley. �� ' � NOTARY PUBLIC � �vv�sr�e'w��nNnn�vww►a LOLA 1Af. KJENSTAD STATE OF MINNESOTA � PlC7THRY PU�!{C-A8lNNESOTA )ss. �y c,�o��E�tree,lea.�,zo,o v � ���� t COUNTY OF � �"\ The foregoing instrument was acknowledged before me this �� day of ��� , 2008, by Michael Chorley, married to Lucinda W. Chorley. � W ` NO ARY PUBLIC a yy�onPVV�fe�wv�M1dW�s .. ���W. l�JENSTAD �i{7'TAFIY PUElL1e-WINNESOTA r�r Cuuro�on��.ati,zoto : ,� � Lot 2 3 � Stacey W. stman � (/ � G;,�i,t�: � �� � � . . -- � � Patrick Eastman STATE OF MINNESOTA ) , ) ss. COUNTY OF The foregoing instrument was acknowledged before me this � day of ��— , 2008, by Stacey W. Eastman, married to Patrick Eastman. � W � NOTARY PUBLI a �qqq�Anr�t�yy�AM a `", L�� �`�'. 6�J�NSTAD ,wora�v P��uc-r�u�rvEsora STATE OF MINNESOTA ) „ �� ���.3a,�o,9 � SS. �'"'w'��M�+�M�s COUNTY OF � ' ,r� � The foregoing instrument was acknowledged before me this � day of J w�.s�- , 2008, by Patrick Eastman, married to Stacey W. Eastman. � W . NO ARY PUBLI � �� L�L.A�'. P�J�NSTAI3 � Pd�TAAY PU@LIC-�diNNESOTA � ; . yy Cppmp;¢bn E�1pc:Jin.31,2010 r � Lot 2 4 � � dy W. Burton, by Lucinda W. Chorley, her attorney in fact STATE OF MINNESOTA ) , ) ss. COUNTY OF � The foregoing instrument was acknowledged before me this day of J�_ , 2008, by Lucinda W. Chorley, as attorney in fact for Wen y W. Burton, a single person. `�, W � N ARY PUBLIC �������� � � �� ���;,,. �_�3t_R b�l. �'.,��NSTAD � � ', �i�"'�+�Y FIiL'L!C-MINNE50TA This instrument was drafted by: y � '�Y�4p'•�ExpKes Jan.31,�o�o � City.of Orono 2750 Kelley Parkway P.O. Boh 66 Crystal Bay, MN 55323 (952) 249-4600 Lot 2 s Exhibit A Legal Description for Trail Easement—Lot 2 The southerly 10.00 feet of Lot 2, Block l, WALDRON WOODS. Lot 2 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. 017524/250001/956430 1 LOt 2 �