Stormwater Drainage & Utility 1111111 11111 11111 11111 1111111111 11111 11111111
Record ID 2588403
STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT COURT
COUNTY OF HENNEPIN PROBATE MENTAL HEALTH DIVISION
In Re: Estate of
2054338 . 002
LETTERS OF GENERAL ADMINISTRATION
MN. STAT.524.3-601
(UNSUPERVISED)
Timothy Duffy,
also known as
Timothy J.Duffy,
Deceased FILE NO. 27-PA-PR-09-147
The above named decedent having died on January 22,2009,
and Michael D.Duffy, having been appointed and qualified,
is hereby authorized to act as personal representative according to law.
.(COU45EAI,)
_ - 0 3// '�7 -� �% � . .. I/.L //
.J F
`' ' J •.4 eterson Date
".► , FySi ? P,.ate Registrar
.c, '`,A State of Minnesota, County of Hennepin
` ' Certified to be a true and correct copy of the
original on file and of record in my office.•
further certify said letters are in iull force and
effect.
OCT 11 2012
Dist. Ct.Administrator
B S■_/i,r../ a 1 �'":-puty
ANOKA COI,NIA' MINNESOTA
Document No.: 2054338.002 ABSTRACT
I hereb■ certily that the within instrument \\as tiled in this
office for record on: 03 28 2013 9:15:00 AM
Fees'faxes In the Amount of 546.00
LARRY W. DaLIEN
Anoka County Property Tax
Administrator Recorder Registrar of Titles
MDT. Deputy
f7Jt6
Record ID: 2588403
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III IIIII III II VIII VIII VIII 111 11111 VIII III
Record ID 2588416
2054338 . 003
STATE OF MINNESOTA )
)ss. AFFIDAVIT OF IDENTITIY
COUNTY OF'Da I(0 ro. )
Mary Elizabeth Duffy being first duly sworn,on oath says that:
1. My legal name is Mary Elizabeth Duffy.
2. I am married to Peter Smith but have not at any time legally changed my name to include
"Smith".
3. Mary Elizabeth Duffy Smith is named as a grantee of real property in Anoka County,
State of Minnesota as set forth in that certain Quit Claim Deed dated March 20, 2007 recorded with
Anoka County on March 28,2007 as Document No. 1991978.009 and legally described as:
Lots 5 and 6 of Lund Addition,Anoka County,Minnesota
4. The correct and legal name of the grantee named in Document No. 1991978.009 is
Mary Elizabeth Duffy and not Mary Elizabeth Duffy Smith.
5. Mary Elizabeth Duffy is one and the same person as Mary Elizabeth Duffy Smith as
it relates to the real property set forth in Paragraph 2 above.
Affiant knows the matters herein stated are true and makes this Affidavit for the purpose of correcting and
clarifying the identity of the grantee of the real property set forth in Paragraph 3 above.
t
i
May Eli th Duffy
Subscribed and sworn to before me this
__�� day of P• , I• 2012., di■_'—. f •! ,
►.. Fes• •
This hulk,eat was Drafted By: .4;.
? :si` AMY ROSE REYNOLDS
Darcy M.Erickson �.
LeVander,Gillen&Miller,P.A. NOTARY PUB
`- ,,,,iv,- PUBLIC-MINNESOTA
633 South Concord Street,Suite 400 ,�" MY COMMISSION South St.Paul,MN 55075 EXPIRES 1/31/16
651-451-1831
ANOKA Cot'NTA' MIINNES(_ii'A
Document No.: 2054338.003 ABSTRACT
I hereby certify that the ‘v.ithin instrument vgas filed in this
office for record on: 03 28.2013 9:15:00 AM
Fees 'faxes In the Amount of $46.00
LARRY W. I)AL.I E N
Anoka County Property Tax
Administrator Recorder Registrar of'Titles
MDT, Deputy
Record ID: 2588416
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• 111111111111111111111111111111111111111111111
Record ID 2588391
THIS INSTRUMENT PREPARED BY:
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
PIN No(s).: 10-30-24-14-0039 2084338 . 001
PERMANENT STORM WATER DRAINAGE AND ACCESS EASEMENT
This Easement is made,granted and conveyed this 2Mday of !J C t'A't k , 2012
between Patricia Marie Foell and Patrick C.Foell,husband and wife;Kathryn Ann Duffy,atk/a Kay Ann Duffy,
a single person;Michael Dean Duffy and Ann Marie Duffy,husband and wife;James Douglas Duffy,a single
person; Thomas Martin Duffy and Elizabeth Duffy, husband and wife; Michael Dean Duffy, as Personal
Representative of the Estate of Timothy Joseph Duffy,Decedent,single at the time of death;Mary Elizabeth
Duffy Smith and Peter Smith, husband and wife; and John Anthony Duffy and Amy Elizabeth Rova Duffy,
husband and wife,'Owner(individually and collectively),and the City of Fridley("City'),a Minnesota municipal
corporation,as follows:
Owner owns real property legally described on Exhibit A(the"Owner's Property).
In consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid
by the City,the receipt and sufficiency of which is hereby acknowledged,Owner hereby grants and conveys to
the City,its successors and assigns, a permanent easement for storm water drainage purposes and all such
purposes ancillary,incident or related thereto and a permanent access easement over,under,across,through
and upon that portion of Owner's Property described in Exhibit B(the'Easement Area"):
EXEMPT FROM STATE DEED TAX
The permanent easement rights granted herein are forever and shall include,but not be limited to,the
construction, maintenance, repair and replacement of any storm water facilities, drainage facilities ities and any
underground pipes, culverts, conduits, storm water quality improvements, vegetation, and all facilities and
improvements ancillary,incident or related thereto,under,over,across,through and upon the Easement Area.
The permanent rights further include, but are not limited to, the right of ingress and egress over the
Easement Area to access the Easement Area for the purposes of construction, maintenance, inspection,
evaluation, repair and replacement of any storm water facilities, drainage facilities any underground pipes,
conduits,culverts,storm water quality improvements,vegetation,and all facilities and improvements ancillary,
incident or related thereto.
The rights of the City also include the right of the City,its contractors,agents and servants:
a. To enter upon the Easement Area at all reasonable times for the purposes of construction,
reconstruction, inspection, repair, maintenance, replacement, grading. sloping, and
restoration relating to storm water drainage and storm water quality;and
b. To maw the Easement Area,any storm water drainage systems and components thereof,
as well as any storm water conveyances,storm water treatment floodways and floodplains;and
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c. To remove from the Easement Area trees, brush, vegetation,aggregate, undergrowth and
other obstructions interfering with the existence, location, construction, reconstruction,
operation, repair, replacement,functioning and maintenance of storm water drainage;and
d. To remove or otherwise dispose of all earth or other material excavated from the Easement
Area as the City may deem appropriate for storm water drainage purposes.
Notwithstanding the conveyance of the easement to the City and the rights of the City set forth herein,
the Owner of the Owner's Property shall have and retain primary responsibility for maintenance of the Owner's
Property and Easement Area, including but not limited to maintenance of existing storm water drainage
systems and components thereof,as well as storm water conveyances,storm water treatment,floodways,and
floodplains in compliance with all existing and future federal, state, and local requirements as set forth in
Exhibit C.
In the event the Owner fails to comply with and perform the Owner's obligations and duties set forth in
Exhibit C, the City may avail itself of, pursue and utilize any and all of the remedies set forth in the City's
Stormwater Illicit Discharge Detection and Elimination Ordinance, currently set forth in Fridley City Code
Chapter 224,as it may be amended from time to time.
Owner shall not interfere with and shall not perform or undertake any activity inconsistent with or that
could damage or restrict the City's easement rights. Owner shall maintain the Easement Area free of
encroachments,except as may be approved by the City. If Owner fails to maintain the Easement Area free of
unapproved encroachments, the City may remove any encroachments of Owner within or on the City's
easement and Owner shall be solely responsible for bearing the costs of any such removal.
Owner warrants that subject to existing easements, if any, for public highways, roads, railroads,
laterals, ditches, pipelines and electrical transmission and/or distribution lines and telephone and cable
television lines covering the Owner's Property and Easement Area,the Owner is lawfully possessed of the
land and has good and lawful right and power to convey it,and that the Easement Area is free and clear of all
liens and encumbrances except as recorded in the public records.
The City shall not be responsible for any costs,expenses,damages,demands,oblations,penalties,
attorneys'fees and losses resulting from any claims, actions, suits,or proceedings based upon a release or
threat of release of any hazardous substances,petroleum,pollutants,and contaminants which may have existed
on,or which relate to,the Easement Area or the Owner's Property prior to the date hereof.
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by Owner, its heirs, successors or
assigns,shall be subject to any governmental immunity defenses of the City and the maximum liability limits
provided by Minnesota Statutes, Chapter 466.
This Easement may be executed in any number of counterparts,each of which shall be deemed an
original but all of which shall constitute one and the same instrument.
This Easement runs with the Owner's Property and the Easement Area and is binding on the Owner,
its heirs,successors and assigns.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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OWNER
By: c.: C
Name: Patricia Marie Foell Name: Patrick C. Foell
STATE OF MINNESOTA
COUNTY OF ,10V,W j ss.
On this fl day of D otObe/v- , 2012, before me a Notary Public within and for said County,
personally appeared Patricia Marie Foell and Patrick C. Foell,husband and wife,to me personally known to be
the persons described in and who executed the foregoing instrument and they acknowledged that they executed
the same as their free act and deed.
4 • 0
Notary Pub'
AMY ROSE REYNOLDS e•, - R no of
NOTARY PUBLIC•MINNESOTA Print Name
" MY COMMISSION EXPIRES 1/'31/16
o
My commission expires 3 I I
(Use this space for notary stamp/seal)
3
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OWNER
B . lf AMP
Name: Kathryn Ann Duffv a/k/a Kay Ann Duffv
STATE OF MINNESOTA )
COUNTY OF l ..�/L j ss
0 i.
On this 30 day of NO 1E2 er, 2012, before me a Notary Public within and for said County,
personally appeared Kathryn Ann Duffy a/k/a Kay Ann Duffy,a single person,to me personally known to be the
person described in and who executed the foregoing instrument and she acknowledged that she executed the
same as her free act and deed,
a ublic ,J
WND Print Name �A. kw{
wcammaNsemssoinim
My commission expires I "3.1- )
(Use this space for notary stamp/seal)
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OWNER
7)
By: I L.._.t.J • � By: l — lrti`" 14 "
Name: Michael Dean Duffy Name:Ann Marie Duffy
STATE OF MINNESOTA )
j�hA. ss.
COUNTY OF ( ,�.-.�,,n
On this_Ll_day of (% r , 2012, before me a Notary Public within and for said County,
personally appeared Michael Dean Duffy and Ann Marie Duffy,husband and wife,to me personally known to be
the persons described in and who executed the foregoing instrument and they acknowledged that they executed
the same as their free act and deed.
4-S •
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AMY Publ'► �n �-{r'f C
!//lll
lll...�„Y ROSE REYNOLD � int Name v►�
1' ti- NOTARY PUBLIC•MINNESOTA
' `” MY COMMISSION EXPIRES 1/31/1: 131 . (
y commission expires
(Use this space for notary stamp/seal)
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OWNER
By:
/AO
Name:James Douglas Puffy
STATE OF MINNESOTA
COUNTY OF ightliK_ )ss.
On this 20 day of kln v044.2012, before me a Notary Public within and for said County,
personally appeared James Douglas Duffy,a single person,to me personally known to be the person described
in and who executed the foregoing instrument and he acknowledged that he executed the same as his free act
and deed.
Notary ublic 6A/vvr- A
MICA J Wt4D
army Raw.wawa Print Name LAQ.1 tel 4
w COMMIIMON WIRES 01/31/17
My commission expires 1-31-
(Use this space for notary stamp/seal)
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OWNER
By: libili1►iL tiAA. / By: `/ !!uf '
Name: Thomas Martin Duffy Name: Elizabeth Duffy
STATE OF COLORADO
A )ss,
COUNTY OF kr� .
On this day of f--tt,u-v , 2012, before me a Notary Public within and for said County,
personally appeared Thomas Martin Duffy and Elizabeth Duffy,husband and wife,to me personally known to be
the persons described in and who executed the foregoing instrument and they acknowledged that they executed
the same as their free act and deed.
DARLENE P.DELAUNE
NOTARY PUBLIC Notary Public
STATE OF COLORADO
VOTARY ID 19994011505 Print Name e.
My Commission Expires April 28,2015
My commission expires
(Use this space for notary stamp/seal)
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OWNER
By: A."2w
Name: Michael Dean Duffy
Title: Personal Representative of the
gstate of Timothy Joseph Duffy
STATE OF MINNESOTA )
ss.
COUNTY OFDOL ) /This instrument was acknowledged before me on l /± t2 4 ` / ,2012,by Michael Dean
Duffy,as Personal Representative of the Estate of Timothy Joseph Duffy, Decedent.
' il
a a • II
Notary Publi
^'`` "`- Y ROSE REYNOLC Tr t Name
�'�i11 ' ' no (A,S
'71`'4P°. _ NOTARY PUBLIC-MINNESOTA
' ° MY COMMISSION EXPIRES 1J3'1 ;commission expires
(Use this space for notary stamp/seal)
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OWNER
r /
Name: Mary Elizabeth Duffy Name: Peter Smith
a/k/a Mary Elizabeth Duffy Smith
STATE OF MINNESOTA )
(,k * )ss.
n
COUNTY OF C G�
On this day of 4!2012, before me a Notary Public within and for said County,
personally appeared Mary Elizabeth Duffy a/k/a Mary Elizabeth Duffy Smith and Peter Smith,husband and wife,
to me personally known to be the persons described in and who executed the foregoing instrument and they
acknowledged that they executed the same as their free act and deed.
fits ' AMY ROSE REYNOLDS Notary Pir
NOTARY PUBLIC-MINNESOTA Print Nam(le�J./-1/n1 ��e (X ho � S
MY COMMISSION EXPIRES 1/51/16
My commission expires I ' ;1 I (0
(Use this space for notary stamp/seal)
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OWNER
4111
By: I. /7 By: /
✓-
Name: John Anthony Duffy Name: Amv Elizabeth Rova Duffy
STATE OF MINNESOTA
) ss.
COUNTY OF DCtit-17�1 L )
On this day of .VPCe.h 2012, before me a Notary Public within and for said County,
personally appeared John Anthony Duffy and Amy Elizabeth Rova Duffy,husband and wife,to me personally
known to be the persons described in and who executed the foregoing instrument and they acknowledged that
they executed the same as their free act and deed.
a/tAis , • , /l
otary Publi
IPL Y
AM ROSE REYNOLDS /
NOTARY PUBLIC•MINNESOTA rint Name AtLLuu
MY COMMISSION EXPIRES 1/31/16 z
My commission expires / .31 1
(Use this space for notary stamp/seal)
3
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CITY OF FRIDLEY
By: 7‘47/i/V
B y: 7/440..,,..,-i 7/-ei-X-4 Kr
-" j—-
Name: Scott Lund Name: William W. Burns
Its: Mayor Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
day On this day of 40..,e ethal-4---), 2012, before me a Notary Public within and for said
County, personally appeared Scott Lund and William Burns,to me personally known,who being each by me
duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Fridley, the
municipality named in the foregoing instrument,and that the seal affixed to said instrument was signed and
sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager
acknowledged said instrument to the be free act and deed of s municipality.
g ,A
ot,ary Public
biAN,1414"4"4"1"NwimmokAmomok,,-,w, R ,
'M_U_M_b
&cowN .nt Name 4b / 4 ( )/7///
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Notary Puic-0%mM I S
v,-,.:‘ My Commbion Entras Jen SI.IOU
commission expires //3/.//
(Use this space for notary stamp/seal)
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Exhibit A - Legal Description of Owner's Property
Real Property located in the City of Fridley,Anoka County, Minnesota,described as follows:
Lots Five(5)and Six(6), Lund Addition,according to the map or plat thereof on file and of record
in the Office of the Registrar of Titles in and for the County of Anoka and State of Minnesota.
• Exhibit B
EASEMENT DESCRIPTION EXHIBIT
Lot 5 and Lot 6, LUND ADDITION, Anoka County, Minnesota.
Address: 60 Talmadge Way NE, Fridley, Minnesota.
PIN — 10-30-24-14-0039
EASEMENT DESCRIPTION
An easement for drainage and utility purposes over, under and across that part of Lot 5 and
Lot 6, LUND ADDITION, according to the recorded plat thereof, lying southerly of a line
described as follows:
Commencing at the northeast corner of said Lot 5: thence southerly, along the east line of
said Lot 5 a distance of 200.00 feet to the point of beginning of the line to be described:
thence southwesterly, deflecting to the right 52 degrees 00 minutes 00 seconds 90.00 feet:
thence westerly, to a point on the west line of said Lot 6 a distance of 245.00 feet south of
the northwest corner of said Lot 6 and said line there terminating.
I TALMADGE WAY NE
t corner __ -----
oT Lot 6 I - —
LtxID ADDITION --T--- 11,'�- NE corner
of Lot 5
Cl)/ LUND ADDITION
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nz
6 5 `sF8 4
o o s$tig 8
N ga \/ I �\
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'G_/
/�--' OAK GLEN CREEK 1--'' pt /
Eas
to�GNI o"-e"° eM of
Lc'5.
,�,ytt O Pd 30 /00
• So Lot g, � �
�°cA sca/e In feet
soy �o
I hereby certify that this Survey, Plan or
Report was prepared by me or under my direct
supervision and that I am a duly Iicensed
Land Surveyor under the lows of the State of
Minnesota.
` °� PELLINEN LAND SURVEYING, INC
J f ausch
PO Box 35
Date:o , i „AOl, Lic. No. .21.V, Hutchinson, Minnesota 55350
Phone(320)587-4789
Fax(320)587-3752
JOB NO I2125R BK P-400 Pg 1
Exhibit C — Exclusive Maintenance by Owner
The Owner agrees, at no cost to the City of Fridley, to sufficiently maintain the following
elements that the City may install on the Owner's Property as part of the Oak Glen
Creek Improvements Project (City of Fridley Project No. 380) upon mutual agreement of
the City and Owner. The Owner shall perform such maintenance in accordance with
any guidelines and general standard of care provided to the Owner by the City to
maintain the integrity and viability of the element(s), as fully functional, and Owner shall
replace such elements as needed. The following elements may be installed with the
Project based on mutual agreement with the Owner:
1. Rain Gutter Leaders from the point of connection to their termination
2. Rain Barrels
3. Rain Gardens, including grading, soil, and plantings
4. Vegetative Buffer, including grading soil and plantings
Further, in order to ensure their viability and integrity of the following list of
improvements that shall be installed above the banks of Oak Glen Creek within the
Owner's Property as a part of Oak Glen Creek Improvement Project (City of Fridley
Project No. 380), the Owner agrees, at no cost to the City of Fridley, to sufficiently
maintain the following list of improvements:
1. All plantings installed and native vegetation that is protected as part of the project
shall be a)watered to the point that they are self sufficient to survive without
watering, b) kept free of litter and debris, c) trimmed and otherwise maintained as
provided in guidelines to the Owner,
2. No debris or yardwaste shall be raked, collected, or deposited into improved
areas, including buffer strips, planting areas, stabilized areas, or flowways.
:\NOK.-\ COl:NT\ MINNESOTA
Document No.: 2054338.001 ABSTRACT
I hcreb certil.> that the within instrument was tiled in this
office for record on: 03'28,2013 9:15:00 AM
Fees/Taxes In the Amount of $46.00
LARRY W. DALIEN
Anoka County Property Tax
Administrator Recorder Registrar of Titles
\1DT, Deputy
Record ID: 2588391