Storm Water Drainage & Access Easement 1111111 11111 11111 11111 11111 11111 11111 IIII IIII
Record ID 2583199
THIS INSTRUMENT PREPARED BY:
/ 7s- to 4
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
PIN No(s).: 10-30-24-13-0031 514241 . 009
PERMANENT STORM WATER DRAINAGE AND ACCESS EASEMENT
This Easement is made, granted and conveyed thisa1srday of , 201 -.between
Peter Berglin and Kindra Berglin, 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 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, 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.
. , • ,
OWNER
c
By: A ,/- By.
Name: Peter' erglin Name: Kindra Berglin
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
n this al day of &-( ,-
41 ",10 , 20 12,before me a Notary Public within and for said County, personally
appeared'pp r lG(-Notre, &R.A.Ityl,husband and wife,to me personally known to be the persons described in
and who executed the foregoing instrumer and acknowledged that they executed the same as their free act and deed.
e},c,/4C ., 2.A....-6 ti--a,
CYNTHIA J.RUSCHY
■ Notary Public 9 U
'` :4I _ NOTARY PUBLIC-WNNESOTJA I Print Name f---)
�''fvAi "c, ` "�5 Li\
.Comeninion Expires Jsn.91,2017
My commission expires �C:.YNA v s 3 ‘ t a 0 (7
(Use this space for notary stamp/seal)
CITY OF FRIDLEY
By: `,C '1;.�� By: 4d. v,..r..„,
Name: Scott Lund Nam: William W. Burns
Its: Mayor Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF ANOKA )
On this,,A '1
On of,;,eb *21 , 20/`9--before me a Notary Public within and for said County,
personally appeared Scott Lund and i lliam 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 said
municipality.
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• otary Public L `
I �'/,5. rint Name /x b�'r �- `-� '. _L�%<�ty[.�
My commission expires //-3////=7
(Use this space for notary stamp/seal)
Exhibit B
EASEMENT DESCRIPTION EXHIBIT
Lot I I, Block I, OAK CREEK ADDITION, Anoka County, Minnesota.
Address: 175 Logan Parkway NE, Fridley, Minnesota.
PIN — 10-30-24—13-0031
EASEMENT DESCRIPTION
An easement for drainage and utility purposes over, under and across that part of Lot I I,
Block I, OAK CREEK ADDITION, according to the recorded plat thereof, lying northerly of a line
described as follows:
Commencing at the southeasterly corner of said Lot I I: thence northerly, along the easterly
line of said Lot I I a distance of 205.00 feet to the point of beginning of the line to be
described: thence southwesterly, to a point on the westerly line of said Lot 11 a distance of
210.00 feet northerly of the southwesterly corner of said Lot I I and said line there
terminating.
utq�tY Eaot
aoi0age at'
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Southeasterly corner
of Lot I I,Block I,
OAK CREEK ADDITION
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Southwesterly corner
of Lot I I.Block I.
OAK CREEK ADDITION O P5 50 /00
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R� scale in feet
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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.
4017aUsch ZQllff� I/���q PE L NEN LAND SURVEYING, INC
Dater jd/? Lie. No., f P0 Box 35
Hutchinson, Minnesota 55350
Phone(320)587-4789
Fax(320)587-3752
JOB NO 121250 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.
ANOKA COI.'N1'Y MINNESOTA
Document No.: 514241.009 TORRENS
I hereby certify that the \kithin instrument was tiled in
this office for record on: 03'08 2013 11:03:00 ANI
Fees Taxes In the Amount of $46.00
LARRY W. DAI,IEN
Anoka County Property Tax
Administrator Recorder:Registrar of Titles
,LAID. Deputy
Record ID: 2583199
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