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Storm Water Drainage & Access Easement 111 1111 111 11 11111 111111111111111 11111 MI 1111 Record ID 2583207 THIS INSTRUMENT PREPARED BY: 7� City of Fridley 6431 University Avenue NE Fridley, MN 55432 PIN No(s).: 10-30-24-13-0011 514241 . 012 PERMANENT STORM WATER DRAINAGE AND ACCESS EASEMENT This Easement is made, granted and conveyed thisday of Ili©vetiy d' , 20 VI between Josephine M. Kam, a single person ("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. OWNER J T By: i.�.y � .� . (2---h,l Name: Josephine M. Kam STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) On this day of /D1ertv' ,20/ 1 ,before me a Notary Public within and for said County,personally appeared■ 11/m, 1. A."4.411,a single person,to me personally known to be the person described in and who executed the oregoing instrument and Sir, acknowledged that c7L executed the same as e#— free act and deed. '' JUUANNE M.BEBERG N� fu•li���� - �t NOTARY PUBUC-MINNESO • ,. My Commission ,pa 31.201 - •qt Nam- %• /� .r '. My commission expires /-3F�o/S (Use this space for notary stamp/seal) CITY OF FRIDLEY By: By: Name: Scott Lund Nam: William W. Burns Its: Mayor Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) Al?On this day of ! &27 ah--1 , 20/,.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 -cknowledged said instrument to the be free act and deed of said municipality. �7 2 / 9 ■tary Public :,_,;. ROBERTA S.SOWN . nt Name �. / 2 Cl 0.,i; Notary Publo-Mtnneeoat _t: avOommleslon Eius An 31.1D16 / y commission expires 1 l 31/l (Use this space for notary stamp/seal) '�aswSt +fir rv�.A.�a 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 2, Block 2, ELWELL'S RIVERSIDE HEIGHTS, Anoka County, Minnesota. Adress: 120 Talmadge Way NE, Fridley, Minnesota. PIN — I 0-30-24—13-001 1 EASEMENT DESCRIPTION An easement for drainage and utility purposes over, under and across that part of Lot 2, 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 2: thence southerly, along the east line of said Lot 2 a distance of 285.00 feet to the point of beginning of the line to be described: thence southwesterly, to a point on the west line of said Lot 2 a distance of 300.00 feet south of the northwest corner of said Lot 2 and said line there terminating. PQG Northeast corner -A of Lot 2,Bloch 2 n\�` .--- ELWELL'S RNERSDE 1 - HEIGHTS ■/- Northwest corner ' of Lot 2 Block 2 � G ELWELL'S RIVERSIDE HEIGHTS 4\G R5ty 8 .�co A N IT ;a I N� 'S 81 C,. `N '' l'''N S rd 1 2 m= acs N p ✓ «H 3 IN I BLOCK 2 NI , VJls Nci Q ' Ott' 0 25 50 /00 ■ - f-/ sco/e In feel 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. PE(1,INEN LAND SURVEYING, INC 9 4 -/- P 0 Box 35 J iff R ausch Hutchinson, Minnesota 55350 Date:7/7 .gd/1' Lle. No.Py 9 Phone(320)587-4789 Fax(320)587-3752 JOB NO 12125K BK P-400 Pp I ANOIA COLN'I'Y XIINNESO'I'A Document No. 514241.012 TOR RENS I hereby certitY that the within instrument was filed in this office for record on: 03/O8/2013 11:03:00 AM Fees''faxes In the Amount of $46.00 LARRY W. DALIEN Anoka County Property Tax Administrator Recorder'Registrar of'Titles Jell), Deputy, Record II): 2583207