HomeMy WebLinkAboutRe: tract index Christine Mattson
From: Jean Olson <JOlson@ck-law.com>
Sent: Thursday, January 14, 2016 10:17 AM
To: Christine Mattson
Subject: RE: Question regarding 140 Leaf Street
Attachments: Tract Index.pdf; Resolution.pdf; Easement.pdf
Good Morning Christine and Happy New Year to you too!
I did a search for the legal description of Tract C, Registered Land Survey No. 744.
Attached please find a copy of the Tract Index showing all documents that have been recorded on this property.
It appears that besides the mortgages, satisfactions, etc.,there are only two documents referenced which I put a
star(*)by.
I have attached copies of both of those documents—a Resolution and an Easement—both with Don James and
Glee James.
I hope this is what you were looking for.
Jean M. Olson
Legal Aasistant
CAMPBELL KNUTSON,P.A.
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,MN 55121
'� (651)234-6212•Fax:(651)234-6237
�iolsonCa�ck-law.com•www.ck-law.com
From: Christine Mattson [mailto:CMattson@ci.orono.mn.us]
Sent:Thursday,January 14, 2016 9:34 AM
To: Jean Olson
Subject: Question regarding 140 Leaf Street
Happy New Year Jean. I hope you are doing well.
1 have attached two copies of easements which state they were filed in 6/95, but I don't have any recording
documentation/proof. Will you research and see if these were ever recorded?
Thank you.
Christine Mattson
Planning Assistant
City of Orono
2750 Kelley Parkway I Orono 0 MN � 55356(physical addressJ
PO Box 66 � Crystal Bay � MN � 55323-0066 (mailing addressJ
'a' 952.249.4620 � 8 952.249.4616
� cmattson@ci.orono.mn.us � �l www.ci.orono.mn.us
Office Hours: Monday- Friday 8 am to 4:30 pm
OUR OFFICE WILL BE CLOSED: Monday,January 18,2016
1
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.+1 %1495 12/31/1%9 8�0�0 AM age REGISiHt�IAND SURVEY NO.0749 HBJN�IN COUMY,MUklESdiA
;�h.2 tm %2597 7/12/1970 9:25:00 AM meM W Matpage 1495/Mi'G REGISTERED IAND SIAIVEY I�p.0744 HBiN�IN COIRltY,MIMl6UTA
� 1274783 5/26/1978 I0:00:00 AM REGlSTHtED LMA SUNVEY N0.0799 HBJDBVJ COUPf1Y,MINNBOTA
� �4 1623545 1/21/1985 12:0000 PM mv�t af 127479 REGf57Htm U1ND SUtVEY NO.0744 HENf'�IN COUNfY,MIMIBO'fA
���5 1675987 10/4/1985 3:OOU0 PM REGISl'6t�I.AND SUtVEY NO.07M HBdI�O'!COIR(TY.MINNBQTA
1675988 10/4/1985 3:00:00 PM ment of M 675�7 REGLSfHt�V�f�ID SURVEY NO.0799 HENN�IN COUMY,MINN60TA
1^i 7 20Z9370 7J2BJ39B9 2:00�0 PM x�ga of Nar� Fkst federal BanMng mid SeWnge and Loan AssodaWn W BertAdjl �fMval Bm�Mng and SwMga,F.A. REGIS'fHtED LAND SUItVEY NO.0744 HENNFPIN COUNfY,PW71N60TA
�M'B 2994890 /1994 2:00:00 PM arrarRy Deed EFW.T,BARBARA 7 es,Don N REGISTHtED LAND SIAtVEY N0.0)M HB7t�IN CWNTY�MIf�7BOTA
BW.T BRIAN G mes Gke A
.#9 29B4B91 2/25/1994 2:00:00 PM age �q�A Directors Matgege Loan Corporatlon REGISTEtm L.AND SURVEY NO.0744 HBiN�IN COUNf'l.MWNFSOfA
10� v� 25f17393 /26/199411:00:00 AM faWon af Matgage 1q95/MIG Federal Natlm�al Matgage Aaxlatlan ��� REGISIEim LAND SIktVEY N0.07M H9JN�IN COUNfY,M1N�IBOTA
-#11 7530936 7/7/1999 10:00:00 AM atlsfallon of M 675987/MIG FIRSf f�HiAL BAI�BQNG ANU SAV[NG.S F A �T�B��� REG[STHIED LAND SURVEY NO.0794 HBdNFPIN COIXQTY,MINNESOTA
� �#,12. 7562]21 30/25/199410:00:00 AM Q7Y�OROt� a�A RE6[STFAED LAND SURVEY N0.07M H@1N�IN Cd1NTY,MIf�hSOfA
�F.13 •I 3593528 /23/2002 4:00:00 PM Asslgnment of Mortgag 989B91JhTfG Nornest Matgage lnc Mmtgape 6ectronic Regishatlon Systems,Inc LAI�SIItVEY NO.07M HBJNFPIN COUNTY,MINPIBOTA
� �;t�.1 �S.s.. 4985850 4I9/Z008 4:00:00 PM Easertient �'�N ,hpnnehalre Creek Watashed dstrld STHtED IAND SURVEY NO.0799 HENN�IN COUHiY,MRNJBQiA
me4�Qee A
CopyrlgM�2016 H�nepin County,MNnesota�www.Hennepin.us
. , ..
D�No 4485850 04/Q9/2008 04:00 PM
Certified filed and or recorded on above date:
Offi�af the Registrar of Titles
Hennepin County, Minnesota
Michael H.Cunniff, Registrar of Titles
. TranslD 387910 Deputy 55
New ce�t Cert Fees
� 805127 $1.50 AF
$10.50 STATEFEE
$34.�TD4CFEE
$0.00 TSt1R
$2.OQ COPY
$48.00 Total
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��R ENTERED
. ��
APR 0 9 20Q8
�
eY �
EASEMENT
On the Property of 140 Lea#Street
in the City of Orono, Hennepin County. Minnesota
Lega! description of burdened property:
Described in Attachment A incorporated herein.
Tc�,me5
THIS EASEMENT is entered into by and between DonY and Glee Jarnes,
husband and wife, whose address is 140 Leaf Street, Long l.ake MN
55356 (together, "Ow�ers°), and the Minnehaha Creek Watershed District
("District"}, a special-purpose governmenta) bady established under and
with authorifiies specified at Minnesota Statutes Chapters 1036 and 143D.
W ITN ES5:
A. Owners Jointly own in fee simple certain real praperty
lotated at 14Q Leaf Street, Orono, Hennepin County, Minnesota tth�
"Property"}. �
B. The easement here conveyec! allows for the excavation of
sediments from �lassen Lake Creek and that part thereof known as "Swan
lake," and actions ta stabillze, revegetate and monitor disturbed areas
within and adjacent to the creek pursuant to the purposes of'the District
as set forth in Minnesota Statutes §§103B.201 and 103D.201.
C. The easement is appurtenant to the bed and banks of
Classen lake Creek, its riparian lands and the bed,,banks and waters of
downstrea� waterbodies that are "waters of the st�te" and lands that it is
the District's statutory responsibility to manage and protect. .
NOW THEREFORE in consideration of the payment of one dollar and
other gbod and valuable consideration, and the mutuai covenants and '
conditions set forth herein, the receipt and suffi�iency of which hereby
are acknowfedged, Owner conveys and warrants io the District and the
District accepts a perpetual easement on the Property, as specificalfy set
forth herein. .
1 . �asement Descr�p ion. The Easement Area encompasses that part
of the Property iytng within the bed and bank of Classen Creek and
extending to the top of 6ank, all as delineated on the site pJan showing
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bearings and distances attached as Attachment B to this agreement,
descr(bed in Attachment C and incorporated herein.
2. Rights Within Easement Area. Owner conveys to the District, for
exercise by its authorized representatives, agents, contractors and
sub�ontractors, the right in perpetuity to excavate and store sediments '
within the �asement Area and to manage hydrology and channel stability
within the bed and banks of Classen Creek, including activities necessary i
or convenient for those purposes inciuding but not limited to movtng �
soils; placing structures; placing, moving and operating vehicles and • �
equipment; staging and stockpiling materials; placing and maintaining �
erosion conirol and similar measures as may be requlred by permit ar ;
may be prudent for environmental protection; and planting and managing !
vegetatlan. Notwithstanding the perpetual nature of t�is easement, the
District will maintain or stage vehicles, equipment, supplies or stockpiled ;
materials within the Easement Area only as netessary or convenient for �
active work and site stabilization and will cease such use within 30 days
of completing active work.
3. Owner's Reserved Rights and Retafned Obligations. Owner
reserves a!I rights and privileges associated with ownership of the
Property except to the extent they would interfere with the District's
exercise of its rights under this easement. �wner reserves without �
limitation the right to engage in or allaw others to engage in all activities �
or uses of the Property not prohibited or limited by this easement and the
right to sell, transfer or burden all or part of the Properry subJect to this
easement. Owner will inform all others who exercise any right on the
Property by pr through Owner of the existence and nature of the
easement. Owner retains all financial obligations and bears all costs and
liabi{itles of any kind accruing from fee ownership of the Property. Owner
will pay all taxes and assessments levied against the Property. This
easement specifically does not authorize the District to remove or lower
the existing dam outlet of Swan Lake and does not authorize the use of
the Property for such a purpose. Although the District has no intention
or plan at thls time to remove or lower the dam outlet of 5wan Lake, the
preceding sentence is without prejudice to any right or authority the
District may possess independent of this easement to pursue any such
hydrologEc change at a future time.
4. Recitations Incornorated. All recitatians are a part of this
agreement.
5. NQ Public Access Granted. Nothing in this easement authorizes
any public right of access anto the Praperty.
6. Owne� Warrantv. Owner warrants that it ha5 the full power to
convey this easement according to its terms; that this tonveyance does not
constitute a default under any indenture, agreement, mortgage or other
instrument to which either Owner is a party and does not contravene any
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law to which either Owner is subject; and that the power of either Owner is
not limited by legal rights created by any marriage or dissolution thereof.
7. Notice. Use and Remedies. The Dist�ict will give Owner prior
written notice before beginning any course of activity on the Property
invalving heavy or motorized equipment. The District wilt enter the
Property and perform work during reasonable times and wiil take i
reasonable steps to minimize interference wlth Owner's use and quiet �
enjoyment of the Property. The District may act to p�event or remedy any �
activtty or use of the Easement Area not conslstent with the terms of this
easement.
�
8. Regulatory and Statutorv Authorities Not Affected. This easement I
does not replace or diminish the regulatory authority of any public body,
including the District� as it may apply to the Property or any activity on it.
The rights canveyed to the District under this easement supplement and
do not displace any right to enter the Property that the District possesses
under law.
9. Indemnification. The District holds Owner harmless, and agrees to
defend and indemnify Owner, f�om and against any and all suits, actians,
causes of actions, proceedings, claims, casts and damages arising out of
the District's activities pursuant to this easement, except to che extent
resulting f�om an action or inaction of an Owner for whtch Owner
independently would be subjett ta liability. This paragraph daes not
create a right in any third parry and does not tonstitute a waiver af any
defense, immunity o� liabiiity limit the District may possess.
10. Insurance. Owner and the District remain solely respansible for
maintaining liability and other insurance for thelr own uses of and
autF�ority over the Property.
11. Waiver. A decisivn by either parry not to exercise its rights of �
enforcement in the event of a breach of a term of this easement is not a �
waiver of such term� any subsequent breach of the same or any othe�
term, or any of the party's rights under thts easement. The delay or ,
failure to discover a breach or to exercise a right af enfortement as to
such breach does not impair or waive a party's rights of enforcement, all
of which shall be cumulative and not exclusive. .
, 12. Acts Bevond Parnr's Control. A pany will not exercise its right of
� enforcement against the other party for injury or alteration to the
Property resulting from: (a} a cause beyond the reasonahle control of that
: party, including without limitation fire, ffood, a precipitation event with a
statisticaf recurrence interval of 100 years or mare, storm� and earth �
movement resulting from natural forces or the act of a third party; or (b) �
any prudent action taken by the party under emergency conditians to
prevent, abate or mitigate significant injury or alteration resulting from
such a cause.
3
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.' � .
13. Notice. Any notice or other communication that either party must
give to the other will be in writing and dekivered to the following address
or such other address as either party designates by written notice to the
other. Notice to Owner is adequate if delivered to the indicated address,
whether or not the owner is correctly named.
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OWNER MCWD
, Don and Glee Jarnes Administrator
140 Leaf Street Minnehaha Creek Watershed District
Long Lake, MN 55356 18242 Minnetonka Boulevard
' Deephaven MN 55391
14. Misceliane,�us. This easement is governed by the laws of the State
of Minnesota. This easement sets forth the entire agreement of the
parties and supersedes all prior discussions and agreements. The parties
may amend this easement only by a writing duly executed by both parties
and meeting all requirements of law. The terms of this easement bind
ar�d benefit the parties and the(r respective persona! representatives,
heirs, successors, assigns and all others who exercise any right by or
through them and shall run in perpetufty with the Property. The District
bears the cost of duly reco�ding o� registe�ing this easement at the Office
of the Hennepin County Recorder.
OWNER
an and ife
- -�'� ------ .
(na e]
�� ��__
. (name]
STATE 4F MINNESOTA -
COUNTY OF HENNEPIN
This instrument was acknowledged 'before me this �� day of �1_�,
2007, by ����_�s��______�___, husband and wife.
--- -�SZ'i�------
No Pubfic ,bFiNAROSS
NOTARY PUBLIC-MlNNESOTA
MlNNEHAHA CREEK WATERSHED DlSTRICT MyC°°'�O�E'�'�'gt.xo�o
.
.�.P.
ames Calkins, President T�� � .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This in trument was acknowledged before me this � day of
�,�,{�,, 200 by James Calkins as President of the Minnehaha Creek
Watershed Dis rict.
5
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CHARt.ES 8.MOL'i'MAN
NOTIMIY PIISLIC•i�A�TA
hio Publit �� wcan����.a�.sou
.
.
Ap roved as to�orm and Execution
strict Attorney N ��_�
This document prepared by:
Smith Partners, P.I.L.P.
400 Second Avenue South
Suite 1200
Minneapolis MN 55401
6
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,
ATTACHMENT A �
Registered Land Survey No.0744,Tract. C
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� ATTACHM�NT C ' � � '
Sediment Removal Easement Descriptivn for Swan Lake Dredging '
For purposes of tlais description the west line of Lot 14,BIock 1,Swan Lake Addition is
assumed to be on a bearing of N00°27'02"E. .
That part of Lots 1 and 2,Block 1, Swan Lake Second Addition;and lots 4,S,6,8,9,and .
1.0,Block 1, Swan Lake Addition and Tzacts B and C Registered Land Survey No 0744
that lies within the following.
Commencing at the Northwest comer of Lot i 0,Block 1,Swan Lake Addition thence
S89°32'34"E a distance of 111.77 feet,thence N00°53'42"W a distance of 54.75 feet to �
the point of beginning of said�asement. ' �
Thence S73°09'S2"E a distance of 34.96 feet,thence N64°06'44"E a distance of 129.88
feet,thence S83°21'49"E a distance of 101.35 feet,thence N$2°40'27'E a distance of . �
� 96.16 feet,thence N58°OS'20"E a distance of 62.69 feet,thence SS'� 32'S0"E a distance of
57.97 feet,thence S15°50'00"E • �
a distance of 56.14 feet,thence N06°44'44"E a distance of 204.40 feet,thence
N58°30'37"E a distance'of 40.21 feet,thence N27°23'33"W a distance of 48;00 feet,
thence N3?°52'38"W a distance of 97.34 feet,thence N47°30'36"W a distance of
204.61 fee#,thence N2b°08'29"E a distance of 65.96 feet,thence S82°45'S7"W a distance . ' '
of 137.53 feet,thence S88°25'37"W a distance of 45.86 feet,thence N36°O1'28"W a
distance of 137.2$ feet,thence N25°07'SS"E a distance of 24.31 feet,thence
N68°28'08"W a dxstance of 19.52 feet,thence S46°28'45"W a d.istance of 40.98 feet,
thence S08°17'18"E a distance of 74.72 feet,thence S23°.03'12"E a distance of 113.03 •
� . feet,thence S79°52'24"E a distance of 116.95 feet,thence S10°SS'O1"E a
' distance of 35.58 feet,thence S58°17'43"E a distance of 222.74 feet,thence
� S21°5?'10"E a distance of 93.08 feet,thence S 12°47'S4"W a distance of 59.91 feet,
thence S71°47'44"W a distance of 120.15 fcet,thence S89°13'42"W a distance of 201.ZT
feet,thence S55°13'07"W a'distance af 110.25 feet,thence SO4°16'16"E a , �
� distance of 31.05 feet to the point of begin�ning oP said easement.
, .
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