Loading...
Easement 18-117-23-43-0158 - 4349 Warren Avenue - 4/4/2019Torrens Certificate No. 1011261 PID: 18-117-2343-0158 RIGHT OF WAY EASEMENT THIS INSTRUMENT is made by the Arthur Paul Meisel and Patricia Ann Meisel, marred to each other, Grantors, in favor of City of Spring Park, a municipal corporation under the laws of the State of Minnesota, Grantee. Recitals A. Grantors are the fee owners of the property in Hennepin County, Minnesota described on Exhibit A attached hereto (the "Property"). B. Grantors desire to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Easement 1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantors, Grantors grant and convey to the Grantee the following easement: A permanent, non-exclusive easement for right of way purposes over, under, across and through that part of the Property as described on Exhibit B and further depicted on Exhibit C. 2. Scope of Easement. The permanent right of way easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all 6asbnable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area a public roadway, storm sewer, sanitary sewer and water facilities, ground surface drainage ways and sidewalk, or other public facilities or improvements of any type that are not inconsistent with a public right-of-way use. The easement granted herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation that, in the Grantee's judgment, unreasonably 560150v2 MCH SP275-1 interfere with the easement or facilities of the Grantee, its successors or assigns and to utilize the easement area for snow storage. 3. Warranty of Title. The Grantors warrant they are the owners of the Property and have the right, title and capacity to convey to the Grantee the easement herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, their successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this 4 k day of hin r;1 , 21 Aj V ! Patricia Ann Meisel STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 4 - day of or,'% , 2019 by Arthur Paul Meisel and Patricia Ann Meisel, married to each other, Grantors. LCII-R. SAJoSCHY APUBLICSOTANy Jan 3t, =3 NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY AND SHOULD BE RETURNED TO: Kennedy & Graven, Chartered 470 US Bank Plaza 200 South Sixth Street 56015M MCH SP275-1 Minneapolis, MN 55402 560150WI MCH SP275-1 Exhibit A Parcel 1: Lot 2, "Coronado Park", Lake Minnetonka. Hennepin County. Minnesota_ Parcel 2; That part of vacated Wan en Avenue, dedicated in the plat of Townsite Of Langdon Park, tying Southerly of a line drawn parallel with and 63-5 feet Northerly, as measured at a right angle from the Southerly line of said avenue, which lies between a line extending from the Northwest comer of Lot 2, "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota, to a point on the Southerly line of Lot 21, Block 12, Townsite of Langdon Park. distant 115 feet Easterly from the Southwest corner of said Lot 21 and a line drawn Southerly at a right angle to the Southerly line of said Block 12 from a point on said Southerly line distant 9.36 feet Easterly from the most Westerly corner of Tract A, Registered Land Survey No 1265, Hennepin County, Minnesota - Parcel 3: That part of the vacated County Road adjoining Lot 2, "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota, described as follows: Commencing at a point on the West line on Lot 3. in said "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota, 5.7 feet North from the Southwest corner of said Lot 3; thence Easterly to a point on the Southerly extension of the West line of Lot 2, in said "Coronado Park", Lake Minnetonka, tennepin County, Minnesota, 63 feet South from the Southwest corner of said Lot 2, which point is the actual point of beginning; thence continuing Easterly along the extension of the above described line to a point 50 feet Westerly from its intersection with the southerly extension of the East line of said Lot 2; thence Northeasterly to a point on the Southerly extension of the East line of said Lot 2 distant 15 feet South from the Southeast corner of said Lot 2; thence Northerly to the Southeast corner of said Lot 2; thence Southwesterly to the Southwest comer of said Lot 2; thence Southerly to the actual point of beginning. Being registered land as is evidenced by Certificate of Title No. 1011261. Registered Property. Subject to the reservation in favor of Burlington Northern, Mc. of all minerals and related rights contained in CR Doc No. 3769320. over that portion of Parcel 2 above which lies within the following described land: Commencing at the point of intersection of the northerly line of said Warren Avenue with a line drawn parallel with and fib feet east, measured at right angles,from the west line of Lot 1, "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota, and same extended; thence southalong said parallel line so drawn 323.26 feet; thence at a right angle west 17.5 feet; thence at a right angle north 195.95 feet; thence northwesterly on a tangential curve to the left with a radius of 192.49 feet, to the northerly line of said Warren Avenue and the true point of beginning of that part of Warren Avenue being described; thence southerly at a right angle to said Northerly line of Warren Avenue to the Southerly line of Warren Avenue; thence Westerly along said Southerly line of said Warren Avenue to to northwest corner of Lot 2, "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota; thence northerly to a point in the southerly Iire -of Lot 21, Block 12, said Townsite of Langdon Park (also said Northerly line of Warrer. Avenue), distant 115 feet Easterly from the southwest corner of said Lot 21. thence easterly along said northerly line of Warren Avenue to the point of beginning, 560150W2 MCH SP275-1 Exhibit B Description of Right of Way Easement Parcel No. 18-117-23-43-0158 An easement for right of way purposes over and across that part of the following described property: Par 1: Lot 2, "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota; Par 2: That part of vacated Warren Avenue, dedicated in the plat of Townsite Of Langdon Park, lying Southerly of a line drawn parallel with and 73.5 feet Northerly, as measured at a right angle from the Southerly line of said avenue, which lies between a line extending from the northwest corner of Lot 2, "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota, to a point on the Southerly line of Lot 21, Block 12, Townsite of Langdon Park, distant 115 feet Easterly from the Southwest corner of said Lot 21 and a line drawn Southerly at a right angle to the Southerly line of said Block 12 from a point on said Southerly line distant 8.36 feet Easterly from the most Westerly corner of Tract A, Registered Land Survey No 1265, Hennepin County, Minnesota; Par 3: That part of the vacated County Road adjoining Lot 2, "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota, described as follows: Commencing at a point on the West line on Lot 3, in said "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota, 5.7 feet North from the southwest corner of said Lot 3; thence Easterly to a point on the Southerly extension of the West line of Lot 2, in said "Coronado Park", Lake Minnetonka, Hennepin County, Minnesota, 6.3 feet South from the Southwest corner of said Lot 2, which point is the actual point of beginning; thence continuing Easterly along the extension of the above described line to a point 50 feet Westerly from its intersection with the southerly extension of the East line of said Lot 2; thence Northeasterly to a point on the Southerly extension of the East line of said Lot 2 distant 15 feet South from the Southeast comer of said Lot 2; thence Northerly to the Southeast comer of said Lot 2; thence southwesterly to the Southwest corner of said Lot 2; thence Southerly to the actual point of beginning; Lying southeasterly of the following described line: Commencing at Meander Comer No. 8 of Section 18, Township 117, Range 23, Hennepin County, Minnesota; thence on a assumed bearing of South 01 degree 58 minutes 37 seconds West, along the east line of Government Lot No. 6, said Section 18, a distance of 1019.86 feet to Meander Corner No. 11, said Section 18 and the point of beginning of the line to be described; thence North 83 degrees 15 minutes 50 seconds West a distance of 1787.87 feet to a comer in the northerly right of way line per Hennepin County State Aid Highway No. 15 Plat No. 68, Document No.1656002 as recorded in the Office of the Registrar of Titles, Hennepin County, Minnesota, and Document No. 5011089 as recorded in the Office of the County Recorder, Hennepin County, Minnesota; thence North 48 degrees 01 minute 51 seconds West, along said northerly right of way line, a distance of 26.78 feet to an angle point 560150v2 MCH SP275-1 in said northerly right of way line; thence continuing North 48 degrees 01 minute 51 seconds West a distance of 40.60 feet; thence South 49 degrees 55 minutes 01 second West a distance of 91.81 feet to said northerly right of way line; thence South 69 degrees 01 minute 18 seconds West a distance of 794.99 feet to the south quarter corner of said Section 18 and said line there terminating. Excepting existing right of way. 560150v2 MCH SP275-1 I\• • • �l ' `~ 1 V \ IL :: A PARCEL 3�. ` P©P WL ND. 195MOY 1 ` __ � ••• %.'•• i_�, tt` it tP •�. ; ; _ tom- � ^ SQ „^! f� j aii o N44b13� N' - - I 6 Tf 7B — -= W Ifl f ^'� f � 7 H.C.S.1LH. N0. ti5 pLA \" .c•s• : _ 5 1/4RNEA CO. SEC. 1 S. T. 117. R. 23 !DENOTES RIGHT OF WAY EASEMENT a nu MALI ;V ftr '! wwvv.0 k.COM CITY OF SPRING PARK 5HOREUNE DR ADA IMPFUVEMENTS 5f'PUNGpAI�K MIMNE5dTA i RIGHT OF WAY EASEMENT EXHOIT Ej"bk Number 1/1 # � i�rarrc-Nam..—�=tbza2; _.