HomeMy WebLinkAboutItem 12 - Diedrich-Rieder Easement Agreement Recorded Receipt#224811 3947069
EAS $46.00 Exempt fromTax� IIIII IIIII IIIII IIIIIIII IIIIIIIIIII
Return to., Certified Filed and/or recorded on:
JOHNSONFPJRNER 5I2312013 3:32 PM
56 E BROADWAY AVE#206
FOREST LAKE MN 55025 3947069
Office of the County Recorder
Washington County,Minnesota
Jennifer Wagenius,Countv.Recade
Kevin Conbid,Auditor Treasurer
Return to: PUBLIC UTILITY
Johnsen &Turner, P.A. EASEMENT AND AGREEMENT
Attn: David K. Snyder
56 East Broadway Avenue, Suite 206
Forest Fake, MN 55025
PERMANENT
PUBLIC UTILITY
EASE+"MENT AND AGREEMENT
THIS INDENTURE-, made this l day of� L. 2013, by and between.
TAMMY DIEDRICH AND GERHARD RIEDER, joint tenants, parties of the first part; and the
CITY OF LAKE ELMO, Washington County,Minnesota,party of the second part.
WITNFSSETH:
WHEREAS, the above-named party of the first part is the owner in fee simple of the real
estate being located in the City of Lake Elmo, County of Washington and State of Minnesota, being
described as follows:
The north 474.06 feet of the Northwest Quarter of the Southwest Quarter of
Section 36, Township 29 North, Range w1 West, according to the I4i ted
States Government Survey thereof and situate in. Washington County,
Minnesota.
That for and in consideration of the sum of SIXTEEN THOUSAND ONE HUNDRED
FORTY-ONE AND 711100 DOLLARS ($16,141.71), and other good and valuable consideration,
the receipt of which is hereby acknowledged, the party of the first part has this day bargained and
sold, and by these presents do bargain, sell and transfer unto the CITY OF LAKE ELMO its
successors and assigns the following:
A perpetual easement for public utility purposes with the right to enter upon the real estate
hereinafter described at any time that the CITY OF LAKE ELMO may see fit, and construct,
maintain and repair any lines, equipment, materials, or other items for public municipal utility
Purposes, for the purpose of maintaining, repairing or replacing the said municipal utility facilities
2
over, across, through and under the lands hereinafter described, together with the right to excavate
and refill ditches and/or trenches for the location of said public utilities, drainage and related.
facilities, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering in the location,construction and maintenance of said public drainage and utilities.
That said public utility easement located in the City of.Lake Elmo, County of Washington,
State of Minnesota,and is described as follows,to-wit:
A perpetual easement for public utility purposes over, under and across the following described
property:
Over, under and across that part of the north 474.06 feet of the Northwest
Quarter of the Southwest Quarter of Section 36, Township 29 North, Range
21 West, Washington County, Minnesota, except the west 50 feet thereof.
Said perpetual easement lies northerly and easterly of the following
described line:
Commencing at the northwest corner of said Northwest Quarter of the
Southwest Quarter; thence on an assumed bearing of South 00 degrees 02
minutes 54 seconds West, along the west line of said Northwest Quarter of
the Southwest Quarter, a distance of 40.00 feet to the point of beginning of
the line to be described; thence North 89 degrees 48 minutes 29 seconds Fast
a distance of 597.64 feet; thence South 87 degrees 08 minutes 18 seconds East
a distance of 187.72 feet; thence North 89 degrees 48 minutes 29 seconds East
a distance of 483.28 feet; thence South 00 degrees 01 minutes 17 seconds East
a distance of 424.06 feet to the south line of said north 474.06 feet of the
Northwest Quarter of the Southwest Quarter and said line there terminating.
TO HAVE AND TO HOLD, said perpetual easement unto the City of Lake Elmo, its
successors and assigns,forever.
The parties of the first part do hereby covenant with the CITY OF LAKE ELMO, that
they are lawfully seized and possessed of the real estate above described.
3
IN WITNESS WIIEREOF, the said parties have caused this instrument to be executed the
day and year first above written.
IN PRESENCE OF:
PARTIES OF`I 1 E FIRST PART:
Tammy Diedrie.
Gerhard Rieder
STATE OF MINNESOTA )
)ss.
COUNTY. OF WASHINGTON )
On this �;�' day of N)f,i _, 2013, before me,a Notary Public, in and
for said County and State; appeared Tammy Diedrich and Gerhard Rieder, joint tentants, to me
personally known, who being by me first duly sworn, did say that they acknowledged said
instrument to be the free act and deed of said Tammy Diedrich and Gerhard Rieder.
sase,•� ar�Fe�. v'c.✓�`».�aRriAr+.riaaia"�4sw've f:... — �. '�`.�—.. �`� ..L��" -�.W —
` JOAN MARIEZIER f "Not T'uhlic
Notary Rlbiic-Minnesota (�
My GOMM' On Expires Jan 31,2016
4
PARTY OF THE SECOND PART:
CITY O + rL FLM
By: _
Its�Aayor
By:
Its Administrator
Approved as to form:
By:
1'2e Elmo City Attornelly
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON )
On this day of_ _l1 2013, before me, a notary public within and
for said. County and State, personally appeared MIKE PE ARSON and DEAN ZULEGER to me
personally known, who, being each by me duly sworn did say that they are respectively the
Mayor and Administrator of the CITY OF LAKE ELMO, by authority of the City Council of the
City of Lake Elmo, and said Mayor and Administrator acknowledged said instrument to be the
free act and deed of said.City of Lake Elmo.
KATFW
Notary Publi
W n .
THIS INSTIRUMENT DRAFTED BY:
DAVID K. SNYDER.
JOHNSON & TURNER, P.A.
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
(651)464-7292
5
PERPETUAL & TEMPORARY EASEMENT EXHIBIT LAKE ELMO INFRASTRUCTURE IMP,
1-94 to 30th Street
for- City of Lake Elmo TKDA Project No.13857.000
Parcel PIN No. 36-029-21-32-0002
Owner: Tammy Diedrich and Gerhard Rieder LEGEND
11-lji[S FArVFL '�DIIERTr LINE
I hstclql
EXISTING PROPERTY DESCRIPTION 7— Et:clrs�imp-Osri, U PPETUAL.b1iii1v CASEUENT
(Per Doc.No.3193933) DENOffS PROPOSED T110'CRA1tY CON—MUcT.ok EASF.M[JJ
Tne no,L.04.0IE foot.1 the No,ah—1 Ot- Sth.,0-1er mt se.tion 36,To-a,-�p 29 or - 'Nov.R 9.21r eccurdhq to the Mmd st,.t.C-ant Survey paof Grrd xluate n,wa,ini,ion
C 10ir-ne-t..
PROPERTY & EASEMENT AREAS:
PROPOSED PERPETUAL AND TEMPORARY EASEMENT BESCRIPTION M AL-F«OF PAPjl; 1 t2&F.
A pqirpelua'j fa' C,ity purposesr -r and-ro.tr;..P.It of the nwth 474 Of,f-1 of the
N-11—Q—tr of the%-thwart 0-0,of Section 36.1--Nip 29 Narlh.P-g, --ji. -F.PPE!UAL EASEU TOTAL AREANT; 78.209 S.F.
C'aAty,ld--W.—eqll the—t no feet Li—f-Said pCiO41-.4 easement lice—theri,and rosredy of TOTAL AREA Jr"Of RAIPCMARY EASI. ,,ENT, Oi.P.O S.F.
fdl�lnq described id- Of
Corr-a—ing at line nithwtsl - fit
said Northwest Q..—of the !I,--on TEWORARV EASEMENT TO
W o-s'nneij ba.6r.9 of 5-01 Do x — 51 e-w.,1-wes,.o,onq I"--i
hforttv—t O.o,17 of t'e Ea.th—t Qwq,(o.,,a :' "1()11�1"It i"C� P-1 ai lo--.—eO 11:1
Inc to o der_.6e d; thence North 89 d.91—ICjo 2- I"t
iih—S�dl F$7 degrees N 16.se-'e,— d--,cf �111 72 nente, N
409'esit 46 Fvlklul�-2�1--d,E111 SURVEY NOTES
7 rjD lev"' �-'t-
• ao,d,East.al'i__�f�2��,b, r_t L.
s . 1 111,'E me, f "lid 7—k11.1plaled for thia sur,-.y.
N. l.,th.e. 3—ter of 11.e S-Eh-,-'.W11111 ,.d .0.thlrl- sh-1 Ere el Ycsr,natx C—ty Coordinate Syn—
T.q�tha,-olh.t tnao ly oeern*nI.fa� 1, "oijijlI P �f t'. ,�gik )
'f�, tne�b—fA of r-Lia—k.
o,lh'740f,feet ar the-.,ih—et O—w ,I!—S ',6. zq
Range 21 West.Ww"it-rattly,Wn—"Lq.e.,eot the at%1-1
Iles nartnerly ond f.-io,inq deacrb"Ina.-Cap! LIIZt ptr•Fcrebelcraia�Wei �,Ihm th—,
t: pt -A t,fl- nr of thl,'p,
C, �,hlg La:.A. cotr-od e.ia�Narin—t<A—w f th. Q—.r-Ir. an
nz—a be. n9 a!S.uirh DO dq—.i,02 5-sec.rds'West.d-q i "t r Said
N,tn—OIQI-ter 0 MIR S.Ah—1 1—rLa.f,ft aiet-of-3000 fee:- I,1?,�.:M,.-, W tm
Foe to be
daic,ibed; tb—North as ds,,—Z omr.-We.2,9 Fcsl, d,-,tc—of 8i feet:
___S-U;79 ftiren 36 rnlnul-58—WJs Eest o C st_:.e.'i I 91,c! i"i: �!,e 59
d-Z�48 i-t-2'1-141 UM.disL—of 40aCE DO ae;r--0'I.i—es
17 _de,"east Q diaterlGE W 349.06 feet to the.south line 2l orth a74.O6 reel of the
No,V,—t Worte,at theQuarter0, i.,and void .th..
RM D I-F OF CF n E Tl
1,11 of THE W i.-a 6F�Ae.Y-1 22.RGE.21
RGE. KWEIM
61W,fASWErO
—77-7777.
77,
777.777�737,�F,�16,"—1m7
7
J.J. J
PIN NO. F.
iY—i Tc..,nmy Na&h and Gerho.d Rledmr(Per D—310933) .1
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A279*48'29"E flVe.92
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6776 Lake Drive NE, Suite I I .......
d com
QAN?EL W -LER
Lino Lakes, MN 55014
W i VAR X�..p
Tel.(651)361-8200 Fax(651)361-8701 VLVE013 ..tin
R1 TURN TO:
DAVID K.SNYDER
Johnson&Tumer,111,A.
56 East Broadway Avenue,Suite 200
Forest Like,MN 55025
TEMPORARY CONSTRUCTION
EASEMENT AND AGREEMENT
THIS INDENTURE, made this "
day of A IL- , 2013, by and between
TAMMY DIEDRICH AND GERHA:R.D RIEDER,joint tenants, parties of the first part; and
the CITY OF LAKE ELMO, a municipal corporation organized under the laws of the State of
Minnesota, party of the second part.
WITNESSETH:
WHEREAS, the above-named parties of the first part are the owners in fee simple of the
real estate hereinafter described.
That for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, the parties of the first part
have this day bargained and sold, and by these presents do bargain, sell and transfer unto the
CITY OF LAKE ELM.O, its successors and assigns the i'ollowing:
A temporary construction easement, including the right to enter upon the real estate
hereinafter described and grade and excavate land for the purpose of constructing municipal
utilities, and the further right to remove bushes, trees, undergrowth, and other obstructions
interfering in the location and construction of said public utilities.
That said easement located in the County of Washington, State of Minnesota, is described
as follows,to-wit:
A temporary easement for construction purposes over, under and across that
part of the north 474.06 feet of the Northwest Quarter of the Southwest
Quarter of Section 36, Township 29 North, Range 21 West, Washington
County,Minnesota, except the west 50 feet thereof. Said temporary easement
lies northerly and easterly of the following described line:
Commencing at the northwest corner of said Northwest Quarter of the
Southwest Quarter; thence on an assumed bearing of South 00 degrees 02
minutes 54 seconds West, along the west line of said Northwest Quarter of
the Southwest Quarter, a distance of 90.00 feet to the point of beginning of
the line to be described; thence North 89 degrees 48 minutes 29 seconds East
a distance of 597.85 feet; thence South 79 degrees 36 minutes 58 seconds East
a distance of 1.90.69 feet; thence North 89 degrees 48 minutes 29 seconds East
a distance of 408.06 feet; thence South 00 degrees 01. minutes 17 seconds Fast
a distance of 349.06 feet to the south line of said north 474.06 feet of the
Northwest Quarter of the Southwest Quarter and said line there terminating.
TO HAVE AND TO HOLD, said temporary casement unto the City of lake Elmo,
Washington County, Minnesota, its successors and assigns, until December 31, 201.4, at which
time said easement shall expire.
The parties of the first part do hereby covenant with the City of Lake Elmo, that they are
lawfully seized and possessed of the real estate above described.
It is understood and agreed that the party of the second part will restore said. land to as
good or better a condition as it was prior to the time of any excavation for public water and.
sewer and storm sewer utilities or any other purpose, however the party of the second part will
2
not be required to restore any fencing that it is necessary to remove or becomes damaged during
the process of any excavation.
It is further understood and agreed that the party of the second part will forthwith re-seed
all areas, where necessary, on said lands from which it is necessary to remove or damage the turf
thereon, during the process of any excavation.
IN WITNESS WHEREOF, the said parties have caused this instrument to be executed
the day and year first above written.
IN PRESENCE OF:
PARTIES OF THE FIRST PART:
Tamny Died ch
Gerhard Rieder W
STATE OF M:INN.ESOTA )
ss.
COUNTY OF WASHINGTON )
On this day of . .f k 1 , 2013, before me, a Notary Public, in and
for said County and State, appeared Ta imy Diedrich and Gerhard Rieder, joint tenants, to me
personally known, who being by me first duly sworn, did say that they acknowledged said
instrument to be the free act and deed of.'said Tammy Diedrich acid Gerhard Rieder.
No?'
oqt@t f<
u� JOAN MARIEZIE T AN
Notary Public-Minnesota
r rMa" My Commission Expires Jan 3t,2016
3
PARTY OF T14E SECOND PART:
CITY OF LAKE.ELM.O
By:
Its .
By:
Its A . istrator
Approved as to form:
By: s
La Clmo City Attorney
STATE OF MINNESOTA )
} ss.
COUNTY OF WAS.HINGTON )
On this day of____ � 2013, before me, a notary public within and
for said County and State, personally appeared MIKE PEARSON and DEAN 7ULEGER, to me
personally known, who, being each by me duly sworn did say that they are respectively tilt
Mayor and Administrator of the CITY OF LAKE ELMO, by authority of the City Council of the
City of Lake Elmo, and said Mayor and Administrator acknowledged said instrument to be the
free act and deed of said City of Lake Elmo.
TRI REM
My Notary Publ'
THIS INSTRUMENT DRAFTED BY:
DAVID K. SNYDER
JOHNSON &TURNER, P.A.
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
(651)464-7292
4
LAKE ELMO INFRASTRUCTURE IMP,
F-PiRPETUAL & TEMPORARY EASEMENT EXHIBIT 1-94 to 30th Street
-for- City of Lake Elmo TKDA Project No.13857.000
Parcel PIN No. 36-029-21-32.0002
Owner: Tommy Diedrich and Gerhard Rieder LEGEND
D CNC, P„eels 911 tlwr
PCrPE TIJA�.--ASEVE-1 r
,rfo:cS TMPCRA
aF""ES; J,CF%T i j"C
X.NiOILS SECT;`4 .:11
EXISTING PROPERTY DESCRIPTION BEIi 1W'Rosu)r*.wi:ri ijTRITY V:A.;,FNii
(Per Doc,No.3193933) -'1 PR?)PO-ZT,TiEkPORAR),CONSTRucricmq CAsEmW
The n—h 174.D6!—M the Na, inter of the t
Na .i —ilel. hlatI.1 'Ushng'c"
C=qy,Minnescta.
PROPERTY a USEMENTAREAS:
PROPOSED PERPETUAL AND TEMPORARY EASEMENT DESCRIPTION 11il Gr InIoEL: 1.1.
AlP,11.—Lai"s—en'farJUIrl,,r,' -1d1r.1d-- th.Z i of the n-th '-t.4'the %J,—%.F.
O—'a f S—i-�F_T--hi 29 1 Al— 21 -11.--hinitt.11 _01k: A)4A OF EASfli M,2cg Sf.
W-a"Ota.e-spi.the—.1 51 fee,i Sao porpel.j ii—t—--—t—1,.01 essiishly at i - T -' NY
1-1 _q de--b.d me. OTAL MIA 0' EV.110�1.�y DIEU)` Icii S,17.
—n-iincing.1 —1,-1.... the theme EASDAENI M ..........
.:he n
an ma of
11"bearing
In e. 02 ri �-4 se�111-1 SCSI.otlIg the—11 hoe of said
11-0,of the tZ-Ii 1-rittir,c , 0 0,�3,feet to -—of n,gi,.,.n9 I the"e a 1,e de cubed: 1 1.111 W celr— c8 29
s ands ii c---.�50.64 feel;in entie Seat.87 tki-38 Mnukes Ib"i,onU.,u,,,di,t.nci,or 187 72 fet: the,...North 89 SURVEY NOTES
deSfeeS'El Minutes 29 seconds East a asr—at 4",�.26 r'?t: Ihs—South 00 di,qi--�01-notes
!7" a. -it s dist.-ie or 424.06 teet to the-Li line.�iti,i,north 1.7MOG feel of 1�.e No i survey work was completed fnr Oia —ey.
1.rIh=d"E!a,e,of if!.Southwest and said I—:—i,.—]-tins. 5"riings slhown ere or. Wnli County Coordinate System.
".q.tri iqlffl, i-no—ey moeois"t!�r
in . t This s,.-vev was prepared*JtI,t I".llfl! cf titie work
ne, I and rs.ih.t part.or Lh.
4.06 t or I.,Narti C-,�,,cf—Sliw: of Seaiao 36, l.—iii Z,Nr,i Addiu—1 no,-.is,
ar.q. Ws at.ftslh�i County,-irr—A. --p�1- 50'.at m--f.Said tein,l—ry —i and/,,,e-t-ni -i pan
W I herein.
I
&Iy and eostely of the OI;c,r."d—,illd iii (hot PW meiic,.bed other lb— th—--h an. 9;,-ey I�boct to revir
e-ement: —6at I carant,lift c—it,—i or qZL.ri Lilke ali
co—ei at the-Mt—re,ner f soi,j Nuth."t i W ii 0—teir. ii`—,
an—uneal osartlig ,-Z-11 00 degrees C2 rni�Les 54 lieconalt We,.i,dl,q the ear, -a
-Olkh-iist 41—ier I the Sii.th—1 0 disLanoe of 90.00 1— is tl�,pi,irt 1 ol the
11-10 be described: thence North 89 degi 48 Minutes 29 sec—,r-1 Y,7.8.5 f,,,:
'hence South 7A d.91— 36-lout..58 tes i East.alstonee e I5C.i N-1i Eg
degrees 48 nri.r-es 29 Second!East "is'o-c if 406.C6 1111. i n-i- — G�.,ih CC-g1 ,see0M4-..TqV,_a distance,of 3I9O6!e't In the.—I:'ill li�1-1—111 474.Co Teel , t�i l
Gi -al he faL .-t Clill'k,end_'I tint 11—term.ru.,nc,
60.—I:Imili OF THE ntlf I/.OF ern SN NORM:NE OF li"Its;/4 OF 5W
/,i air—W.,.16,1V a-ME.St 1/4 OF Si 35.!WP 21.ROE. 11
Illy C"S E,j
1.318.38
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GRAPHIC SCALE
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rl-iy di—I --p-v;S;;:" and i I Orn,
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E. G, RUB 9 SONS, INC.
Professional Land Surveyors
............
6776 Lake Drive NE, Suite 110
Lino Lakes, MN 55014
Tel,(651)361-82DO Fox(661)361-8701