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HomeMy WebLinkAbouteasements-=2009 �o� o � o ' � CITY of ORONU �� ���4���.�Gs , � � `1� �a� �'���r! "..... ,�l�r � Municipal Offices � � �'���� _ G �'`` � Street Address: Mailing Address: � �,9 �".,'�;`,�;::� '� �ji'EggOg' 2750 Kelley Parkway . P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 June 24, 2009 Paul Weber Lake Community Bank 1964 West Wayzata Boulevard Long Lake, MN 55356 Re: 1925 Lakeview Terrace- Easements Dear Mr. Weber: Enclosed please find two easement documents to be executed by Lake Community Bank as owner of the property at 1925 Lakeview Terrace. Once these have been signed and notarized, return them to me and I will forward them to the City Attorney for recording with Hennepin County. If there are additional mortgage holders other than Lake Community Bank, please also have them sign a Mortgage Holder Consent form. Also enclosed for your reference are copies of the original easements signed by Harold and Mildred Bower in 2004 which were never recorded. The new easements contain the same terms as the originals, but the format has been updated. Also enclosed is an excerpt from the survey of the property, graphically depicting the easements being granted. The area in yellow is an existing drainage easement dedicated in the plat of Long Lake Country Club Addition in 1961. The area outlined in blue is the additional easement area subject to the new Drainage Easement document -this area is being added because as part of the construction of the home, Joe Lemmerman moved the actual drainage ditch nearer the west lot line to allow the house to be moved fixrther west (but still not encroach on the 1961 easement area). Also, Lemmerman's approved regrading of the site resulted in no need to expand the drainage easement eastward, hence the legal description in the new easement is less complex than the one signed by the Bowers. The area outlined in pink is the area subject to the Flowage and Conservation Easement. If you have any questions, please do not hesitate to contact me at 952-249-4622 or via email at m a� ffron(a�ci.orono.mn.us. Sincerely, �'? " ' ,, �. - �� ..�--�;��� f. ,,�� :� dr /. r� Michael P. Gaffron Asst. City Administrator encl. cc: Tom Bain Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us � + � ���5���.K�v�-�� fie�-���� Doc No T4670868 Certified, filed and/or recorded on 8/4/09 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 26 Pkg ID 557634 Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing CPrts New Certs 1151796 This cover sheet is now a permanent part of the recorded document. , , �l� ;�� �� ,. � + ��; � dJ�_c�L%<se_ /.�rC,�'�. � (reservedfor recordrn,q informution/ DRAINAGE EASEMENT ,- THIS INDENTURE, made this day of �Ur1Q , 2009, by and between Lake Community Bank, a Minnesota Corparation, and its heirs, successors and assigns, (hereinafter referred to as Grantors), and the City of Orono, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as Grantee). W I T N E S S E T H, Grantors, for and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee, forever, the following perpetual drainage easement over and under and across the following described Land in the County of Hennepin and the State of Minnesota: EXHIBIT A ATTACHED Said easement includes the free right of the Grantee or its agents to enter upon, under and over said Land, to remove trees, brush, grass and dirt and other structures therefrom and to construct, maintain, repair, reconstruct and use drainageways and other improvements related thereto, and to enter upon said easement for the purpose of inspecting, repairing, removing and reconstructing such facilities. The Grantee shall return the area it disturbs to grade and seed the same and replace the surface soil with the original type material. The Grantors agree to the following: A. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. B. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. Page 1 of 3 , � C. No soil, sand, gravel, or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. D. No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. Grantors herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water. Grantors do not intend that the public should have any interest in the above Land by virtue of this indenture or otherwise, except as hereinabove set forth. Grantors do covenant that the Grantors are in possession of the above described property and easement and have lawful right and authority to convey and grant the easement herein granted. IN WITNESS WHEREOF, the parties hereto have set eir hands effective as of the day and year set forth above. NTOR : ,�. ( r Lake Community Bank) Page 2 of 3 � t STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �9�day of l�r•.Q. , 2009, on behalf of Lake Community Bank, the Grantors, by Paul . Weber, its /)c�. J//�-Q "�ti f wrw�ww � s WENDY LOU BYERS � ��� NOTARY PUBIiC-MINNESOTA NOTARY P BLIC +�„�„ My Comm.Exp.Jan.31,2014 STATE DEED TAX DUE HEREON: This instrument is drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Page 3 of 3 EXHIBIT A DRAINAGE EASEMENT LEGAL DESCRIPTION All that part of Lot 2, Block 2, LONG LAKE COLTNTRY CLUB ADDITION, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin � County, Minnesota, lying west of the following described line: Commencing at the ���,� southwest corner of said Lot 2, thence easterly along the south line of said Lot 2, a t.� `� distance of 25 feet to the point of beginning of the line to be described; thence northerly to a point on the north line of said Lot 2 also being the southerly right of way line of Lakeview Terrace, said point being 35 feet easterly of the northwest corner of said Lot 2 as measured along said north line and terminating thereat. • ' �'������L�`�v; e�i�J �f/'�t��c � Doc No T4670869 Certified, filed and/or recorded on 8/4/09 4:30 PM Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles Jill L. Alverson, County Auditor and Treasurer Deputy 26 Pkg ID 557634 Doc Name: Easement Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1151796 This cover sheet is now a permanent part of the recorded document. 2 t I St7��o � �_..�,�S..a_ ,�-,,;?_',�-. (reserved,jor recording rnjormatron/ FLOWAGE AND CONSERVATION EASEMENT AGREEMENT AND WAIVER OF DAMAGES � � THIS INDENTURE, made and entered into this�day of� (,Y1Q� , 2009, by and between Lake Community Bank, a Minnesota Corporation, and its heirs, assigns, and successors [hereinafter collectively referred to as the Grantor(s)] and the City of Orono, its successors and assigns, a municipal corporation under the laws of the State of Minnesota (hereinafter referred to as the Grantee.) WITNESSETH, Grantor(s), for and in consideration of the sum of One Dollar($1.00) and other valuable consideration, hereby covenant, grant, gift, quit claim and convey to grantee the right to restrict and grantor(s) agree to limit and preclude the use, improvement and development, under the conditions and covenants herein contained, the following described Land in the County of Hennepin and State of Minnesota: EXHIBIT A, ATTACHED as follows: 1. Grantor(s)hereby covenant(s) and agree(s): A. No structures shall be constructed, erected, or placed upon, above, or beneath the Land including without limitation, fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the land. B. No trees, shrubs or other vegetation shall be destroyed, cut or removed from the Land except as authorized by written consent of Grantee. C. No earth, loam, peat, gravel, soil or any other natural material or substance shall be moved or removed from the Land and there shall be no dredging or excavation of any nature whatsoever or any change of the topography of the Land without the written consent of Grantee. Page 1 of 3 D. No soil, sand, gravel or other substance or material as landfill shall be placed, dumped or stored upon the Land and no waste, trash or garbage shall be placed, dumped or stored upon the Land. E. No use shall be made of the Land except uses, if any, which will not change or alter the natural condition of the Land, and no use which would tend to change the drainage, flood control, water conservation, erosion control, soil conservation, fish and wildlife habitat characteristics shall be made of the Land or the water situated thereon. F. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed from the Land without any liability any structures, uses, materials, substances, or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. 2. Grantor(s) hereby grant, gift, quit claim and convey to Grantee, a perpetual flowage easement and right and privilege to trespass with water over and upon any or all of the Land. 3. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever, the Grantee and any and all of its officers and employees of and from any and all claims, demand or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water within terms of these agreements. In addition to any other remedy the grantee may have, the covenants and restrictions contained herein may be enforced by injunction. Grantor(s) do not intend that the public should have any interest in the above land by virtue of this indenture or otherwise, except as hereinabove set forth. The Grantor(s)herein certify that the land herein described is free and clear of all encumbrances except: All provisions hereof shall run with the land and shall extend to and bind the heirs, successors, representatives, grantees or assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto ha e set their hands effective as of the day and year set forth above. RANT R • or Lake Community Bank , Page 2 of 3 STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this �.9�'- day of , 2009, on behalf of Lake Community Bank, the Grantors, by Paul_. Weber, its � Wwu�� � `"���e� WENDY LOU BYERS `�`� � '� � r �`{'��iJC'':aRY PUBUC-MINNE90TA NOTARY P LIC ��,;� M��,���m,r,.rxn..18n.31,2014 ,,,a„ ��N�'�i1•'I iJ'�!°iU'�f 9i��/Yv9� STATE DEED TAX DUE HEREON: This instrument is drafted by: City of Orono P.O. Box 66 Crystal Bay, MN 55323 Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION November 18, 2004 Proposed flowage and conservation easement For Harold Bower in Lot 2, Block 2, LONG LAKE COUNTRY CLUB ADDITION Hennepin County, Minnesota An easement for flowage and conservation purposes over that part of Lot 2, Block 2, LONG LAKE COUNTRY CLUB ADDITION, described as fol{ows: Beginning at the Northeast comer of said Lot 2; thence on an assumed bearing of South 16 degrees 34 minutes 59 seconds West along the East line of said Lot 2 a distance of 24.39 feet; thence North 89 degrees 31 minutes 38 seconds West a distance of 9.53 feet; thence South 44 degrees 01 minutes 04 seconds West a distance of 13.81 feet; thence South 16 degrees 39 minutes 54 seconds West a distance of 26.78 feet; thence South 53 degrees 13 minutes 11 seconds West a distance of 52.34 feet; thence North 84 degrees 30 minutes 24 seconds West a distance of 39.27 feet; thence North 50 degrees 14 minutes 14 seconds West a distance of 43.35 feet; thence North 8 degrees 57 minutes 47 seconds West a distance of 38.97 feet; thence North 46 degrees 36 minutes 19 seconds West a distance of 16.13 feet; thence North 17 degrees 08 minutes 54 seconds West a distance of 6.41 feet; thence South 88 degrees 14 minutes 13 seconds West a distance of 9.82 feet; thence North 48 degrees 26 minutes 55 seconds West a distance of 45.91 feet; thence North 19 degrees 43 minutes 23 seconds West a distance of 12.25 feet; thence North 10 degrees 34 minutes 25 seconds West to the North line of said Lot 2; thence easterly along said North line to the point of beginning.