Storm Water Drainage & Access 11111111111111111111111111111111111111111 1111
Record ID 2583196
THIS INSTRUMENT PREPARED BY: /L) rCL.e/itetdcd-c
City of Fridley
6431 University Avenue NE
Fridley, MN 55432 514241 •PIN No(s).: 10_30-24_13_0013 008
PERMANENT STORM WATER DRAINAGE AND ACCESS EASEMENT
This Easement is made,granted and conveyed this 9 l day of ik)rl u lAI:21' ,20 12 between
David Kravik and Kathleen Kravik, husband and wife(individually and collectively"Owner"), 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 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 maintain 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
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.
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, obligations, 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 runs with the Owner's Property and the Easement Area and is binding on the Owner,its heirs,
successors and assigns.
Exhibit A - Legal Description of Owner's Property
Real Property located in the City of Fridley,Anoka County, Minnesota,described as follows:
Lot Four(4), Block Two(2), Elwell's Riverside Heights,according to the plat thereof on file and of
record in the office of the Registrar of Titles Anoka County, Minnesota.
Exhibit B
EASEMENT DESCRIPTION EXHIBIT
Lot 4, Block 2, ELWELL'S RIVERSIDE HEIGHTS, Anoka County, Minnesota.
Address: 140 Talmadge Way NE, Fridley, Minnesota.
PIN — 10-30-24-13-0013
EASEMENT DESCRIPTION
An easement for drainage and utility purposes over, under and across that part of Lot 4,
Block 2, ELWELL'S RIVERSIDE HEIGHTS, according to the recorded plat thereof, lying southerly
of a line described as follows:
Commencing at the northeast corner of said Lot 4: thence southerly, along the east line of
said Lot 4 a distance of 270.00 feet to the point of beginning of the line to be described:
thence southwesterly, to a point on the west line of said Lot 4 a distance of 245.00 feet
south of the northwest corner of said Lot 4 and said line there terminating.
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pOG�VIP -Notthheest corner
[��M of Lot",Block 2,
�1"" ��� ELWELL'S RIVERSIDE
/.. HEIGHTS
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INorthwest corner 3
of Lot 4,Block 2, I
ELWELL'S RNERSIDE
HEIGHTS -
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I hereby certify that this Survey, Plan or
Report was prepared by me or under my direct
supervision and that I am a duly licensed
Land Surveyor under the laws of the State of
Minnesota.
PELISSE LAND SURVEYING, INC
Je r R usch P 0 Box 35
n �lJ Hutchinson, Minnesota 55350
Date: �!l/y 0r ry0/� Lic. No..0 v3�
!/�f Phone(320)587-4789
Fax(320)587-3752
JOB NO 12125M BK P-400 Pg I
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CITY OF FRIDLEY
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By: i�r1 �� c��^..0 By: I
Name: Scott Lund \ Nam: William W. Burns
Its: Mayor Its: City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
On this c day of , 20 12 before me a Notary Public within and for said County,
personally appeared Scott Lund and William Bums,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 said
municipality.
/ .1 di/aer---(.24.--;--,
• ary Public
'.1k-C- A08ERTA&COWNO. t Name -/ /—el'i Cj. 00/le
-,- s NAVY rwmerwmpus
1.7-'-• IV Oanntybn brims An et.MS C /� !//
1y commission expires `
(Use this space for notary stamp/seal)
OWNER
By: �'C \ By: I, �. . 11110 * �k a 4.
Name: David Kravik Name: Kathleen Kravik
STATE OF MINNESOTA
)ss.
COUNTY OF ANOKA
On this 444 day of Owl'"Ala F 2 , 20 I L before me a Notary Public within and for said County, personally
appeared N-N4;d4 k A 1-41«n kr of%xc-husband and wife,to me personally known to be the persons described in
and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed.
,fir ^wr• E
P
CYNTHIA J.RUSCHY `- • + �'`, `
•tary ublic
•
NOTARY PUBLIC-MINNESOT - int Name
My Commission Expires Jan.31,201
My commission expires ( �-. 3 1 O I-j
(Use this space for notary stamp/seal)
ANOKA COI NIY MIN NESO"1A
Document No.: 514241.008 TORRENS
I hereby certif.), that the sNithin instrument \\as filed in
this office Ibr record on: 03,08'2013 11:03:00 AM
Fees'Taxes In the Amount of $46.00
LARRY W. D ALIEN
Anoka County Property Tax
Administrator Recorder,Registrar of Titles
JIM, Deputy
Record Ill: 2583196