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Storm Water Drainage & Access Easement 111111111111 11111 11111 111111111111111 11111111 Record ID 2583201 THIS INSTRUMENT PREPARED BY: / ) .7 .e /714, City of Fridley 6431 University Avenue NE Fridley, MN 55432 PIN No(s).: 10-30-24-13-0012 514241 . 010 PERMANENT STORM WATER DRAINAGE AND ACCESS EASEMENT This Easement is made, granted and conveyed this day of a1't %t4$4 , 20 1 tetween Mary A. Byrne,a single person("Owner"), and the City of Fridley("City") . 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. RECENED AUG 1 3 2012 CtN OF Fr21DLE`l ENGINEER"— a OWNER By: A 4 -I-. II III Name: Mary A. Byrne STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) On this g day if/, „I ,p4 ,20_4=1_,before me a Notary Public within and for said County,personally appeared V i.,•Lr/ • ' - single person,to me personally known to be the person described in and who executed the for-going nstrumen :nd acknowledged that executed the same as free act and deed. 4A/b6eY0 IlleyeA- i DENISE A. MEYER Notary Public ID-a41- 1°-/ n'l It r Nota Public-Minnesota Print Name ,�% My O M$*I Jan a1,2016 I My commission expires / -3 I L5 (Use this space for notary stamp/seal) ' CITY OF FRIDLEY /7/74-i/ 4,64..e.._...y.4..z4.3. By: VAu By: V J Name: Scott Lund , Nam: William W. Burns Its: Mayor Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) //��u� -- On this i ?/I' day of i � U. - , 20 /:,Z before me a Notary Public within and for said County, personally appeared Scott Lund and Wim 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. / A/rlia - otary Public, Jh l = • �.tiotwy rint Name 14ertta (1(9/;/<r ,- • :z• 1yponnrMlenepra JM s1,2018 My commission expires i4// (Use this space for notary stamp/seal) ( f.4w ,Ii.- y t. Exhibit A - Legal Description of Owner's Property Real Property located in the City of Fridley,Anoka County, Minnesota, described as follows: Lot Three (3) 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 3, Block 2, ELWELL'S RIVERSIDE HEIGHTS, Anoka County, Minnesota. Address: 130 Talmadge Way NE, Fridley, Minnesota. PIN — I 0-30-24—13-00I 2 EASEMENT DESCRIPTION An easement for drainage and utility purposes over, under and across that part of Lot 3, 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 3; thence southerly, along the east line of said Lot 3 a distance of 300.00 feet to the point of beginning of the line to be described: thence southwesterly, to a point on the west line of said Lot 3 a distance of 270.00 feet south of the northwest corner of said Lot 3 and said line there terminating. �1Py N� . - PQG Northeast corner M of Lot 3,Block 2, 'A\_ /- ELWELL'S RIVERSIDE W /-' HEIGHTS / ' 4 Northwest corner I of Lot 3,Block 2, ELWELL'S RII•ERSDE HEIGHTS 2 r. cC ,N .. Ito o W ,s -W 4 `�s - S 8 mW _en R� ti � 11 3,711 BLOCK 2 ww I 111 , , ,,.....----- . - , O 25 50 /00 - UHEe bad n t GF K - pp GI° - I■1111■I scs/s In lest 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. ,r PELUINEN LAND SURVEYING, INC R uae ‘ P 0 Box 35 Jdt Hutchinson, Minnesota 55350 Date: a,so/. 0/01.0 Lie. No.,293,29 Phone(320)587-4789 a Fax(320)587-3752 JOB NO 12125L BK P-400 Pg I 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 COt;NIA' MINNESOTA Document No.: 514241.010 TORRENS I hereby certify that the ‘‘ithin instrument vi as tiled in this office for record on: 03 08 2013 11:03:00 AM Fees 'Taxes In the Amount of $46.00 LARRY W. asALIEN Anoka County Property Tax Administrator,Recorder`Registrar of'Titles JNID. Deputy Record ID: 2583201