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Home My WebLink About2022 GRANT OF EASEMENT BIRKELANDGRANT OF EASEMENT This Grant is made and entered into this day of N ny0- M% o.r- . 202—J----by and between John Birkeland and Darlene J. Birkeland, married to each other (`Birkeland)"), and the City of Gem Lake, a Minnesota municipal corporation ("City"). WHEREAS, Birkeland are the fee owners of real property situated in the County of Ramsey, State of Minnesota legally described as follows, to wit: SEE ATTACHED EXHIBIT A ("Property") WHEREAS, it is the intent of the City to construct stormwater facilities over and across that portion of the Property described on Exhibit A attached hereto. NOW, THEREFORE, in consideration of the mutual benefits derived therefrom, Birkeland, on behalf of themselves, their heirs, successors and assigns, hereby grants unto the City a permanent non-exclusive easement for construction, maintenance, repair and reconstruction of stormwater facilities, together with the right to enter the Properly by the City, its employees, contractors and agents. These rights granted herein may also be exercised by those private companies which the City contracts with to maintain, repair and replace the facilities set forth above. If the exercise of the rights granted hereunder result in disturbance of the surface of the easement area, the City and/or its contractors shall restore and repair, to the extent practicable, the disturbed area to the same conditions as prior to the commencement of said construction, repairs, maintenance, or reconstruction. The easement shall run with the land and be binding upon the Grantors, their heirs, successors and assigns. The legal description of the easement shall be that described on Exhibit B attached hereto. Birkeland, or subsequent owners, in the redevelopment of the Property, shall have the ability to move the easement per their own costs and approval of City engineering as to the location. No amendment to this Agreement shall be effective unless said amendment is reduced to writing and said writing is signed by the city owner of each Parcel and any party holding a lien on said Parcel. If any provision of this Agreement is held invalid, remaining tenns of this Agreement shall not be affected thereby. This Agreement is made and entered into in the State of Minnesota, and shall be governed by and construed under the laws of the State of Minnesota. Any action to enforce the terms of this Agreement shall be commenced in the District Court located in the County of Ramsey, State of Minnesota. ' i Birkeland Darlene J. Birkeland ACKNOWLEDGMENT STATE OF MINNESOTA ss. COUNTY OF la�v►sey ) The foregoing instrument was acknowledged before me this day of 0Ve_yjb,er , 202 2-, by John Birkeland and Darlene J. Birkeland, married to each other. CRYSTAL C. LE i Notary Public -Minnesota 6ww Mycommission Explr"Jan 31.2028 Notar Public This Instrument Drafted By: Kelly & Lemmons, P.A. 2350 Wycliff Street, Suite 200 St. Paul, MN 55114 651-224-3781 ! / 1�,......� A permanent utility easement over, under, and across that part of the following deed described property: Lola 6 and 8, AUDITOR'S SUBDIVISION NO. 04, Ramsey County, Minnesota EXCEPT the following; Beginning at the Intersection of the southeasterly line of Hoffman Rood and the South line of sold Lot 6; thence Northeasterly on sold Southeasterly line a distance of 40.10 feet; thence Northeasterly a distance of 46 feel on a Iles which would Intersect the West line of the Northern Pacilic0allway at a point 60 foot South of, as 0 EiIJ. 1.00 measured at right angles to, the North line of the NW 1/4 of the NE 114 of Section 34, Township 30, Range 2; thence Southeasterly at right angles and to the South line _ of sold Lot 5; thence Westerly on sold South line to the polal of beginning. scele 25 feet Sold easement described as follows: ORIENTATION QF THIS HEARING SYSTEM IS BASED THE MSCOUNTY Beginning nt the west most corner of the above described property; ihonce North 08 ADJUSTED TO COORDINAATT E SYSTTEM, AD degrees 36 minutes 12 seconds East along the northerly lino of said property for 20.08 NAD83 (2011 ADJ) feet; thence South 33 degrees 00 minutes 00 seconds East for 100.67 feet to the southerly line of said property; thence North 78 degrees 08 minutes 28 seconds West along said southerly line for 40.38 feel to the southwest cornor of sold property; thence North 23 degrees 24 minutes 48 seconds West song the westerly line of said property for 78.37 feet to the point of beginning and there terminating, FE;1T W Z` �i 7 �= I 1, ii T () M.4 yT. W, 4 N 78°06'28" W ., (, ; 48.38 N T8.08128' EASEMENT EXHIBIT FOR; GEM LAKE HOFFMAN RD SEWER GEM LAKE, I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT MINNESOTA SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OF THE, STATE OF MINNESOTA. S ro ect MIALIM705 Drawn By �L�/L—�—_ .r• Designed By T EODORE S BROWN Checked By DATE 712912021 LICENSE NO, b9670 r Ar A permanent utility easement over, under, and across that part of the following deed described properly; That part of Lot 6, AUDITOR'S SUBDIVISION NO.84, Ramsey County, Minnesota described as follows; Beginning at the Intersectlan of the southeasterly line of Holfman Road and the South line of said Lot 6; thence Norlhoastorly on said Soulineaolerly Ilna a distance of 40.1 D foot; thence Norlhoaoterly a distance) of 46 feat on a line which would Intersect the West lino of the Northern PaoNio Railway at a point 60 feel South of, as measured at right angles to, the North line of the NW 114 of the NE 1/4 of Section 34, Township 30, Range 4; thence Southeasterly at right angles and to the South line of cold Lot 6; thence Westorly, on said South line to the point of beginning. AND that part of Lot 7, AUDITOR'S SUBDIVISION NO.84, Ramsey County, Minnesota lying northerly of o line described as follows: Beginning at a point on the northwesterly line of said Lot 7 126.78 feet northeasterly of the southwest corner of cold Lot 7; thence South 60 degrees 16 minutes 33 seconds East for 94.20 feet; thence South 76 degrees 0 minutes 42 seconds East for 213,13 feet to the easterly line of said Lot 7 and there terminating. Said easement described as follows: Beginning at the east most northeasterly corner of the above described property; thence North 78 degrees 06 minutes 28 seconds West along the northerly lino of said property for 100.61 foot; thence South 33 degrees 00 minutes 00 aeconde East for 47.38 fool; thence South 02 degrees OD minutes 00 seconds East for 77,14 feet to the easterly line of,eald property; thence North 10 dogrco8 48 minutes 20 seconds Eaot along said easterly line for 64.915 feet to the point of beginning and there terminating. 1V Y 0 60 100 80818 26 feet ORIENTATION OF THIS BEARING SYSTEM IS BASED ON THE RAMSEY COUNTY COORDINATE SYSTEM, ADJUSTED TO NAD83 (2011 ADJ) [EXHIBIT6-- ] �1_0T I LOT 6 � a Y % N 78"06'28" w„ 40,38 °0's,28. W r r r—r -r-% r� 1 C tea$\ 700.5f 1 /A\ 'WW ��r rr r�rl irC„r�q r spoon z �r rr--�r r lir �r r�r 0 LJL.�I y r ..1 lJ1 v 74 F i LOT EASEMENT EXHIBIT FOR: GEM LAKE HOFFMAN RD SEWER GEM LAKE, I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER MY DIRECT MINNESOTA SUPERVISION AND THAT I AM A DULY LICENSED SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. fJ SEH S Prelect GENILR161 G j Drawn By Designed By THEODORE S BROWN -77 Oheciced By DATE . . 7/2912021 LICENSE NO. 61078