HomeMy WebLinkAbout7.f. Ed Dunn / CR 38 Easement AgreementA G R E E M E N T
AGREEMENT made this day of _ __
between EDMUND B. DUNN and ELI Z,ABETtt J. DUNN , ht:rsl:)-and and w iJ e
(hereinafter referred to as "Owners"), and the CITY OF ROSEMOUNT,
a municipal corporation, organized under the laws of the State of
Minnesota (hereinafter referred to as the "City"),.
WiiEREAS, the City has requested that Owners grant tanto the
City a Drainage Easement Agreement attached hereto as Exhibit n,
a Slope Easement Agreement attached hereto as Exhibit- B, and a
Highway Easement Agrement attached hereto as Exhibit C;
WHEREAS, the City has offered to pay Owners the sum of
$21,668.00 for the easements set forth on Exhibits A, B, and C;
WHEREAS, the City entered the lends covered by the easement
agreements attached hereto as Exhibits A, B, and C on or about
August 1, 1986;
WiIEREAS, Owners are •the owners of the property described on
Exhibit D attached hereto and have requested from the City
subdivision approval to divide said property into two parcels,
one being approximately 6_ acres in size and the other being
approximately 8 acres in size, both of which parcels Owners
desire to be suitable for boarding and maintaining of horses;
WiIEREAS, the City and owners are desirous of resolving their
differences with respect to valuation of the lands being taken
for easement purposes in the easement agreements attached hereto
as Exhibits A, B, and C;
NOW, THEREFORE, in consideration of the foregoing and the
covenants hereinafter contained, it is hereby mutually agreed as
follows:
1. As and for part consideration for the easements set
forth on Exhibits A, B, and C, the City does hereby agree to pay
Owners the sum of $21,668.00, together with interest at the rate
of 8% per annum from and after August 1: , 1986 through the date of
payment.
2. Upon the City's approval of Owners' subd1visi_on
proposal for the lands_ described on Exhibit D, t>o the mutual
sati.sfar..t;ion of Owners and City, Owners shall exec:ut,e and deliver
to the City the easement; agreements attached hereto as Exhibits
A, B, and C and agree not to seek any further compensation for
the lands taken for easement purposes. The City agrees that the
parcels as subdivided sha l: lie su}tabl.e for the boarding and
maintaining of horses, OLCf.Orditiq -6 Gey OI't�w«MS.
J
3. In the event the City does not approve owners' sl.li
divi.si.on proposal for the lands described on Exhibit 1), the City
agrees to commence a condemnation action for the easements set
forth on Exhibits A, B, and C, in order to determine what sums of
money, if any, Owners are entitled to above and beyond any sums,
previously paid.
4. Owners agree not to contest; the pending assessment for
County Road 38 improvements, provided said assessments do not
exceed $2,500.00 per parcel.
IN WITNESS WHEREOF, the parties have hereunto set their
hands this 4r5day of Ju 1987.
r KIMRERLY K. SCNAtER
NOTARY PtIRLIC MINNESOTA Edmund B. Dunn
DAKOTA COUNTY
< Myq Commission Expires
November 19, 1990 ;
u�e�uwaw C�' ,! fLt'L
C.1 izah*th J. Durjri
CITY OF ROSEMOUNT
By.
By
I -t -s
EASEMENT AGM.-Xmi3N'f
THIS .t tlUl:Id'I'l)I2t made this day of
hotwccrl 1!ilh41-11,1D 13. DUMN and EIIAZABE'm J. t)Ut1N; husband and wife,
Ilcrc•in;rfLcr r-rfcrred to a5 "Grantors and the CT-CY OF 110SF:MOUN'I',
.i nn.niicillnl cr,rporaLi.on, ortlanized undwr
ill('. laws of the Stake
of t•limief;ota, licreinarter rr.fc_rred to as l;lle "City" -
Ilii, Crrrntors ill r.0nsif](, -;l ti oil of t.hc sten of Orle 1101.1:11-
ull ot.11cr• (rood anrcl valual)le consideration to them in hand paid
I", the City, Lhc t-vrei.pt;and sufficicilcy of which is hereby acicnow--
1 r r.lgt d, do 11rrchy grarll; and ronvey to l.11e City of itosenlourlL i. t
u .ct•s;:;r,r '010c;,iyns, for
fol-
it pclrlllallcnl; casement arld t-icl11t.-.of--
for 1,11-11-1 is t11•3inage ;rrld ilowagc ptnl'roscs, including the rights
I0 cdnclircl. 01- flow tnuf h<ave flow or dr•ai.nagc water therein frorn
tr:h;rtcvetr• source. and whc-LFlcr, rlatur-a.lIy flowing therein or arLifi
cially conducl,vd or- brought. Lher-eto and whether- drainage, sr..r.lragc,
flood water- or, water from or- for irrigation, over, act-oss,'
nndct argil 1.11rourah land si.tuaLed within the County of Dakota and
tit al_v of t-linnr••;ot.a as described on t11e at.tachrd Exhibit "11
Inrll.tclind the rights of t:he City, it.s contractors, agents
:1111-1 t rvarrC I.o cnt.(!r itpoei t Ile casement premises at; all reason-
1-1,11- t.imrs: Lo rause and/or maintain tllc ch-ai.nage and flowage of
i,l bl is welt (,I -s over, across, tinder and thr•ondh the easemenL- prem-
r :(•ti, t.ogrl.11f?r- wi.t.Il t.hc vight-, to grade, level, fill,, pond, drain
rind oxr,nvol.l.l,r� eascnlenL pr hnri ses ill connection with such pur-
iosos, ;lnd (.hr further ri.ghL t0 remove trees, bushes, undergrowth
,md ot.hcl• ob€;Lructlotls tiLr_rfering with the drainage and f'low0ge
(If publ is w'li.crs; over, ;tcr-oss, under and through such prclni.ses.
And 1.111 sal -d GrrnlLnr, for Llrr:nrsc Ives, their heirs, stlecessor-s
Intl nr.t:rring, der r_c,vcnarll. wit.11 Lhc City,succr.ssors an(J ;vsignr,
111,11. 1.Ilt•v ;ll.c• vn•l i sae'i;'.t d i 1-1 tee of 1.11( easement. lands and prelni ses
I •: ( •::,r i cl ;lnd hove L11c r i cihl. Lo fir -ant and convey Lhe cas'ellicrll:
1,••(r•in I.., Ihr City.
1".X111111?' A
•
Ltl I'I'S'l'trIONY Wlll,tll,OF, the Gra11t:ors have hereUilt;o set-.
tl eir
11..11j+; .111(1 CatlSl`Cl {.Ili..:; ACIfi'CertlC!n is t0 be execilt'd AS Of I:hra
day dYld
yt.•il r l i l'Rt'. i11)OVP Wri. LteY1.
- Gllnl�'1'OIIS
'\
_2I
h:drnuncl 13. Dunn
VI i ZaITt" Uu11n
017 MIUM 'SOTA
(SS
C01.11ITY OF
The Cored(ii.nh .irastrtamer)t wrls ac{cnowledged before me
this
(lily of �JEt �_ i-9A6, by Fdrnund B. Dunn
and
i; l i Z;lbtl t.h J . t)1_tnn , hus$arld nncl VI i f e .
RIMDEREi 6 %C11AIER —
NOtARYPrRRICMtNNEtRM
Notary PfAb.l-1C
NTY
RANOrA wntvi
Mrr Commhcron E*Dt�H
FkremDN 14. 1940
l I S 111`i'I'IIUME111' WAS DRAFTED 13y:
t r,vin s , c.utipb,,i t , f,rr el l r. I nutsnn, P.A.
iOi tlorwerC Hank Huiiding
161 110. Concord F,xchHY)ge
South St. Paul, MN 55075
EX11I1BIT „A"
A TRACT OF LAND IN THAT PART OF THE EAST HALF OF THE SOUTHWEST
QUARTER (E 1/2 OF SW 1/4) LYING EAST OF DODD ROAD AND IN THAT
PART OF THE WEST HALF OF THE SOUTHEAST QUARTER (W 1/2 OF SE 1/4)
LYING WEST OF THE WEST LINE OF S.T.H. NO. 3, EXCEPT PART PLATTED
AS ROSEMOU14T IFILLS, ALL IN SECTION 17,-T115N, R19W; DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER (SW 1/4) OF SAID SECTION 17; 'THENCE EAST,
ASSUMED BEARING, ALONG THE NORTH LINE OF SAID
SOUT1114EST QUARTER (SW 1/4) A DISTANCE OF APPROXIMATELY
1886.76 FEET TO THE CENTERLINE OF DODD ROAD; THENCE
CONTINUING ON THE LAST- DESCRIBED LINE A DISTANCE OF
295 FEET; THENCE SOUTH 160 02' 42" ,EAST A DISTANCE OF
52.03 FEET MORE OR LESS TO THE SOUTH RIGHT-OF-WAY LINE
OF COUNTY ROAD NO. 38 AND THE ACTUAL POINT OF.
BEGINNING OF THE TRACT OF LAND TO BE DESCRIBED; THENCE
CONTINUING ON THE LAST DESCRIBED LINE A DISTANCE OF
147.73 FEET; THENCE SOUTH 42" 05' 09 EAST, A DISTANCE
OF 269.65 FEET THENCE NORTH" 89" 53' 17" EAST, A
DISTANCE OF 315.08 FEET; THENCE NORTH 01° 58' 54"
WEST, A DISTANCE OF 340.66 FEET; MORE OR LESS TO THE
POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE
OF COUNTY ROAD NO. 38; THENCE WEST ALONG THE SOUTH
RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 38 TO THE POINT
OF BEGINNING.
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DRWN�GE EASEMENT EDMUND DUNI
CITY OF ROSEMOUNT
LJ EASEMENT NO. 1985-1-
.f
1
SLOPE EASEMENT
C.S.A.H. No. S.A.P. No
County Road No. 30 Project No. C 38•Q4
Parcel No. 39
Grnnlor(s), of Edmund 8. Dunn and Elizabeth J, Dunn husband and wife ,
Minnesota, for and in consideration of the covenants hereinafter contained and the sum of
Dollars
(S ), hereby grant(s) and permits(s) the County of Dakota, a Municipal Corporation of the State-
of
tateof Minnesota, the right to construct a back or embankment slope in accordance with the construction plans on
file in the office of the Dakota County ffighway Departmentfor the general improvement and protection of Co.Rd./
C.S.A.H. No. 38 , on the following described property in the County of Dakota, State of Minnesota:
in the following described tract of land along County (toad No. 38;
That part of the East Half of the Southwest Quarter (E• 1/2 of SW 1/4) lying East
of Dodd (toad and in that part of the West Half of the Southeast Quarter (W 1/2 of
SE 1/4) lying West of the West line of S.T.11. No. 3; except pert platted as Rosemount
Hills; all in Section 17, T115N, 8191•1; Dakota County, 11innesota;
Tying within the construction limits as shown in the drawing under "Special Provisions"
on the reverse side of this document and contains 2.3,434 square feet or 0.538 Acres,
more or less.
And the said grantor(s), for—self/themselves, ,/their heirs, executors, administrators and assigns,
do(es) agree and hereby gtanl(s) the right to the County of Dakota to excavate, remove and retain earth and mater-
ial
aterial from the premises for use in the construction of said highway or for any other purpose that the County may
fitting, and said earth and other material shall become the property of the County.
And the said grantor(s), forself/themselves, _./their heirs, executors, administrators and assigns,
do(es) farther agree to allow the Public Utility Corporations to place their transmission lines on said grantors pro-
periy outside the construction Limits for the duration of grading operations. it is also hereby agreed that upon
completion of said grading operations that the Public Service Corporations will remove their transmission bines
and set them back on the County highway right-of-way.
And the said gtantor(s), for _self/themselves, _._/their heirs, executors, administrators and assigns,
do(es) agree with and accept the construction policy of the Dakota County Highway Department with regard to
topsoil, fences and trees which is made a part of this easement, attached hereto and marked Exhibit "A".
And the grantor(s), (at _self/themselves, Jt heir heirs, executors, sdministtators and assigns, here-
by teleace(s) the County of Dakota, its officers and agents, from any and all liability and claims therefore, concern-
ing said prrmiscs and grantors adjoining premises, that result or may result therefrom by virtue of the construction
of said slope and highway and all work in connection therewith.
This easement shall be effective for a period of two years,from the date of execution.
Dated this .'<� day of 19
This Instrument Drafted by: i
LARRY G. FIGGIUS, P. E.
Adminisirative Design Engineer
Dakota Cormty Highway Dept.
15(,0 Nest T H. 55
Hastings, Minnesota 55033
Exempt from filing at recording fees (See Other Side for Special Provisions)
parrsuantto Minnesota Statute 5386.72
,XilTftTT 11
COUNTY OFL'Ot:rJI, I 1* 0
ss.
On this—? ':!L'
day of J _I -f , 19-1-1, before me personally appeared
n1, ;1 6I t ._Ir. J. t. •,�r� I1,.0 r,rt a T to me known
�r1 t c,. e .
to be the person(s) Described in and who executed the foregoing instrument, and acknowledged that -j�k—i—
executed the same as � LLC free act and deed.
Aly C 0W"s¢1C04
RIMStRl1 K Vr11MER
-IARY rI R ,r. Af111t5n1A
STATE OF MINNESOTA
COUNTY OF )))) ...rx:....:"..;.::.:.°...
On this day of 19_„ before me, a
within and Tor said County, personally appeared
and —to me personalty known, who, being each by
me duly sworn did say that they are respectively the._ . President
and the of _ the corporation
named in ttte foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority of its
Board of and said
and acknowledged said instrument to be the free act and deed
of said corporation.
fo
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000
/ MY Commission Expires 19
SPECIAL PROVISIONS
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HIGHWAYEASEME, N'I'
C.S,A.fi. No. S.A.P. No,
County Road No. 38 project No.
Parcel No.
I wife
Grantot(s), of �dnftind b nUttfi and i li�abeth J . Dunrt, husband iln
Minnesola, for and in consideratlon of dollars
(S ) hereby convey(s) and wnrront(s) to the COUNTY OF DAKOTA, a Municipal Corporation of
the Stale of Minnesota, grantee, for highway purposes, together with the unrestricted right to-irnprovelhe same,
free and clear of all encumbtances, the following described teal estate in the County of Dakota, State of Minn-
csofa:
A tract, of land in that part of the East half of the Southwest Quarter (E 112 of SW 1/4)
lying east of Dodd Road and in that part of the West half of the. Southeast Quarter (W 1/2
of SE 1/4) lying (fest of the west line of S.T.N. No, 3, except part platted as Rosemount
Hills, all in Section 17, T115N, R1914, lying Northerly of a line drawn parallel with and
50.00 feet Southerly of, as measured at right angles to, the following described center-
line of County Road No. 38:
Commencing at the Northwest corner of the Southwest Quarter (SW 1/4) of said Section 17;
thence East along the Horth line of said Southttest Quarter (SW 1/4) a distance of
approximately 1806.76 feet to the centerline of i)odd Road and the actual point of
beginning of the tract of land to be described; thence continue East on said South
line a distance of 1008.15 feet; thence southeasterly.650.00 feet along a 20 00'
tangential curve, concave to the south, having.a radius of 2064.79 feet, a central
angle of 13° 00', and a tangent of 326.41 feet; thence S 71° 00' E a distance of
237.04 feet to the centerline of S.T.11. No. 3 and there terminating.
Tract of land contains 112,862 square feet or 2,591 acres, more or less; after
excepting the existing road right-of-way therefrom.
And the said grantor(s), for— set f/ihemselves,---./their heirs, executors, administrators and assigns,
do(es) covenant never to cut, damage, destroy or remove any free or shrub or other natural growth upon the herein-
before described premises for the continuance of this easement, and do(es) hereby grant and convey to the said
County of Dakota all grasses, shrubs, trees, natural growth, and All earth and other materials now existing on said,
lands or that may be hereafter planted or grown thereon.
And the said grantot(s), for—self/themselves,_/their heirs, executors, administrators and assigns,
do(es) hereby grant permission to Public Utility Corporations to place utility poles on a line 50 feet
f_ normal distance from the centerline of Co. Rd./C.S.A.11. No. 38 ; and further agree(s)
to permit said Public Utility Corporations to overhang Their insulators or, in the alternative, one-half the width
of the utility pole crossarms, over that portion of the above described property abutting said above described line.
And the said grantor(s), rot-self/themselves,/their heirs, executors, administrators and assigns,
doles) hereby release the County of Dakota, its successors and assigns from all claims for any and all damages
resultinr to tire finds granted under this easement by reason of the location, grading, consituction, mainlenance,and
use of a public highway over and upon and the removal of materials from the premises hereby conveyed and
from the uses incident thereto, and the County of Dakota shall have the right to construct and maintain, upon
the lands adjoining the parcel hereby conveyed, such portable snow fences during such months as weather
conditions make necessary.
Daied this Z'..,l day of _ J_- i , 19 _•
This instrument Drafted byt
Mus instrurneni Dralled by:
LARRY G. FIGGINS, P. E. I;d-<
Adnnnistralive Desien Engineer /
NAA Wa Ceunly Ifirhway nep1.
1560 West 1 11. 55
flasiinrs, Minnesota 55013
Extnp! from State Deed Tax
P
Co. Rd. Proj. No.
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Q j d=23 oa o� i� HIGHWAY EASEMENT
'7 .y
From
.� 188 6.76
f ;; f I / to
-r COUNTY OF DAKOTA
STATE OF MINNESOTA
ss.
T COUNTY OF DAKOTA
�' t t 44
Office of Register of 'Deeds
°'•L o: r l �.l VY. ,� ��� t ? `� i hereby certify that the within instrument t , y,} c%G .•, J /� t/ <�\v v t was filed for record in this office on the
day of l°
} W Tr �. (% 1 \1 , / / S'y/✓. at o'clock u., and that the
same was duiv r=ecorded in Book
7.( \X (� t of on paA.
ge
f
n
Register of Deeds
By
a Deputy
A
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