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15 3(;604' 9 OFFI,OE OF THE REGISTRAR OF Ttnes pi c. 01 - 3c1 HEI.NEPIN COUNTY,MINN CERTIFIED FILED ON CP4114‘) JAN 9 - 2003 9,4= s'P ` 1 f 41 RLG ISTMHR OF TITLES" i , �1 � J AGREEMENT TO MAINTAIN EASEMENT THIS AGREEMENT is made and entered into as of the \ day of t`e- b'e,` 2002, by and between the Tharp Family Limited Partnership; a Minnesota limited partnership ("Developer") and the City of New Hope, a Minnesota municipal corporation ("City"). WITNESSETH: WHEREAS, the Developer owns certain real property located in the City of New Hope, County of Hennepin, State of Minnesota, legally described as: See Exhibit A "Legal Description" attached. WHEREAS, the Developer granted to the City a certain ponding, drainage and utility easement over a portion of the Property legally described as: PONDING, DRAINAGE AND UTILITY EASEMENT That part of Lot 2, Block 1 and Outlot A, SHARON'S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota lying northeasterly of a line parallel with and distant 50 feet northeasterly of the following described "Line X": "Line X" Beginning at a point on the west line of Section 6, Township 118, Range 21, distant 893.90 feet north of the southwest corner of the Northwest Quarter thereof; thence southeasterly at an angle of 6 degrees 56 minutes 33 seconds a distance of 65.44 feet; thence deflect left along a tangential curve having a radius of 954.93 feet (delta angle 37 degrees 05 minutes 26 seconds) a distance of 618.18 feet; thence tangent to said curve a distance of 600 feet and said "Line X" there terminating. 1 All lying northwesterly of "Line A" described below: "Line A" Commencing at the northwest corner of said Lot 2; thence on an assumed bearing of South 84 degrees 29 minutes 35 seconds East, along the north line of said Lot 2, a distance of 169.98 feet to the point of beginning of said "Line A"; thence South 09 degrees 30 minutes 10 seconds West a distance of 30.63 feet; thence North 77 degrees 05 minutes 46 seconds West a distance of 22.17 feet; thence South 14 degrees 00 minutes 00 seconds West a distance of 145.76 feet to said line parallel with and 50 feet northeasterly of"Line X", and said "Line A" there terminating. (the "Easement"), said Easement being set forth more fully in the certain easement document filed at the offices of the Hennepin County Recorder, and WHEREAS, the Property is suitable with the Shingle Creek Watershed, and permanent provisions for handling of storm runoff, including provisions for operation and maintenance of all stormwater runoff facilities and ponds, are required, and such provisions are to be set forth in an agreement to be recorded in the real estate records; and WHEREAS, the City has given approval to the easement subject to compliance by the Developer with certain conditions, including entering into an easement maintenance agreement with the City; NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Maintenance of the Pond. The Developer and its successor or assigns as fee owner of the Property shall be responsible for maintaining the Easement and observing all Drainage Laws governing the operation and maintenance of the Easement. The Developer shall provide the City with a schedule acceptable to the City for inspection of the Easement and outlet control structure. The Developer shall make all such scheduled inspections, keep record of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance, including skimming and cleaning of the Easement, shall be the obligation of the Developer and its successors or assigns as the fee owner of the Property. 2. City's Maintenance Rights. The City may maintain the Easement, as provided in this paragraph, if the City reasonably believes that the Developer or its successors or assigns have failed to maintain the Easements in accordance with applicable Drainage Laws, and such failure shall continue for thirty (30) days after the City shall give the Developer written notice of such failure. The City's notice shall specifically state which maintenance tasks are to be performed. If Developer shall not complete the maintenance tasks within thirty (30) days after such notice is given by the City, the City shall have the right to enter upon the Easement to perform such 2 maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer or its successors or assigns, who shall pay said costs within thirty (30) days of receipt of said invoice. Notwithstanding the foregoing, in the event to an emergency, as determined by the City Engineer, the thirty (30)-day notice requirement to the Developer for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Developer, and the Developer shall reimburse the City for any expense so incurred by the City in the same manner as if written notice as described above has been given. 3. Hold Harmless. The Developer agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Developer's or the Developer's agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Developer to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Developer shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Developer's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 4. Costs of Enforcement. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 5. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Developer: Tharp Family Limited Partnership 7089 Birchview Road Maple Grove, MN 55369 Attn: Steve Tharp To the City: City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 All notices given hereunder shall be deemed given when personally delivered or two (2)business days after being placed in the mail properly addressed as provided herein. 6. Successors. All duties and obligations of Developer under this Agreement shall also be duties and obligations of Developer's successors and assigns. 3 7. Effective Date. This Agreement shall be binding and effective as of the date hereof. THARP FAMILY LIMITED PARTNERSHIP, a Minnesota limited partnership By: ecn^Co-.--� Its: General Partner CITY OF NEW HOPE, a Minnesota municipal c+ a or.tjon By: W. Peter Enck Its: Mayor By: ./ / / Daniel J. Donahue Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OFno_v;,,\ ) The foregoing instrument was acknowledged before me this \ day ofec.Q 2002, by 5-k-�11Q-,,N C..-C h e , a General Partner of the Tharp Family Limited Partnership; a Minnesota limited partnership, on behalf of said limited partnership. 0 Notary Public (Notar Public Seal) DEBRA R FLANNERY '• ,, NOTARY PUBLIC. MINNESOTA �.,: MY COMMISSION ++ ` EXPIRES JAN.Si,2005 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 020 day of 2002, by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Ait4,(2, ,0 • Notary Public (Notary Public Seal) VALERIE J. LEONE NOTARY PUBLIC-MINNESOTA • .1 My Commission Expires Jan.31,2005 This Document Was Drafted By: Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 (99.20109) P:\Attorney\SAS\Documents\CNH99.20109-002-Agm to Maintain Easement.doc 5 ! n , E I11TA • LEGAL D SCRIPTLON • PARCEL 1: Lots 1 and 2, Block 1: Outlet B; Outlot A,except that part thereof which lies Southwesterly of a line drawn parallel with and distant 50.0 feet.Northeasterly of the following described line: 'Beginning at a point on the West line of Section 6. Township 118. Range 21distant 4393.00 feet North of the Southwest corner of the Northwest Quarter thereof;thence run Southeasterly at an angle of 6 degrees 56 minutes 33 seconds for a distance of 65.44 feet; thence deflect left along a tangential curve having a radius of 954,93 feet(delta angle 37 degrees 05 minutes 2.6 seconds) for a distance of 618.18 feet;thence tangent to said curve for a distance of 600 feet and there terminating. A11 in Sharon's Addition, according to the plat thereof on file or of recorcl.in the Office of the Registrar of Titles in and for Hennepin County,Minnesota. • Torrens Property. PARCEL 2: Lot 1,Block 3, Sharon's Addition, according to the recorded plat thereof on file and of record in the office of the County Recorder,Hennepin County,Minnesota. Abstract Property. PARCEL 3: These parts of the Southeast 1/4 of the Northwest 1/4 and Northeast 1/4 of the Southwest 1/4, • Section 6,Township 118 North,Range 21 West of the 5'"Principal Meridian,Hennepin County, Minnesota,described as follows: Beginning at the northwest comer of I.ot 16,Block 3,MEADOW LAKE HEIGHTS 1`r ADDITION; thence north along the extension of the west line of said Lot 16 a distance of 9.87 feet to the south line of Lot 8,Block 2, SHARON'S ADDITION; thence west along the south line of said Lot 8 and its extension a distance of 1.10,00 feet; thence south at a right angle,to the northerly right-of-way line of County Road'Number 10; thence easterly along said northerly right-of-way line to the west line of IPIRADOW LAKE HEIGHTS II'ADDITION;thence northerly along said west line to the point of beginning,which lie westerly of a line parallel with - and 30.00 feet westerly from the following described line: Beginning at a point on the westerly extension of the south line of Lot 8,Block 2. SHARON'S ADDITION,distant 3536 feet west from the southwesterly corner of said Lot 8;thence southeasterly a distance of 98.44 feet along a .:�wr•M i 4 J f , Y t /p • . 'non-tangential curve Concave to the southwest having a radius of 317.13 feet, a ecntral angle of 17 degrees 47 minutes 03 seconds and a chord beating South 24 degrees 48 minutes 32 seconds East(assuming the south line of said Lot 8 as bearing South 89 degrees 55 minutes 33 seconds West); thence southeasterly,tangent to the above described curve,to the northerly right-of-way line of County Road Number 10, and thcro terminating. Abstract Property. OFF1 OP THE REGISTRAR RAR OF TITLE$ . 36604.78 HENNEPIN CITY,i � TA 41k Co0R�NFNT © CERTIFIED FILED CN MENNSPIN QOUNT'':a.XM t: nC04CES JAN 09 2003 JAN 9 2003 s� yyk EN S• Y MINK ' .4, % /.e. _.._. ., DEM REGISTRAR OF TITLES BY -----DSPUTY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENT THIS INDENTURE, executed on the day of e.,,,A\c,`e'' , 2002, between the Tharp Family Limited Partnership, a Minnesota limited partnership (herein "First Party") and the City of New Hope, a Minnesota municipal corporation (herein "City"). WHEREAS, First Party is the fee owner of real property located in Hennepin County, Minnesota, legally described as follows (herein "Property"): See Exhibit A "Legal Description" attached. WHEREAS, the City wishes to obtain a ponding, drainage and utility easement over, under and across a portion of the Property, WITNESSETH, that the First Party in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to it in hand paid by the City, the receipt of which is hereby acknowledged, does hereby grant, bargain and convey unto the City, its successors and assigns, forever, a permanent easement described below, including full and free right and authority to enter upon and make such use of the said easement as is reasonably necessary and advisable in the construction, maintenance and operation of ponding, drainage and utility facilities. The permanent easement herein granted for ponding, drainage and utility purposes is situated over, under and across that part of the Property located in Hennepin County, Minnesota, legally described as follows: That part of Lot 2, Block 1 and Outlot A, SHARON'S ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota lying northeasterly of a line parallel with and distant 50 feet northeasterly of the following described "Line X": 1 "Line X" Beginning at a point on the west line of Section 6, Township 118, Range 21, distant 893.90 feet north of the southwest corner of the Northwest Quarter thereof; thence southeasterly at an angle of 6 degrees 56 minutes 33 seconds a distance of 65.44 feet; thence deflect left along a tangential curve having a radius of 954.93 feet (delta angle 37 degrees 05 minutes 26 seconds) a distance of 618.18 feet; thence tangent to said curve a distance of 600 feet and said "Line X" there terminating. All lying northwesterly of "Line A" described below: "Line A" Commencing at the northwest corner of said Lot 2; thence on an assumed bearing of South 84 degrees 29 minutes 35 seconds East, along the north line of said Lot 2, a distance of 169.98 feet to the point of beginning of said "Line A"; thence South 09 degrees 30 minutes 10 seconds West a distance of 30.63 feet; thence North 77 degrees 05 minutes 46 seconds West a distance of 22.17 feet; thence South 14 degrees 00 minutes 00 seconds West a distance of 145.76 feet to said line parallel with and 50 feet northeasterly of "Line X", and said "Line A" there terminating. THARP FAMILY LIMITED PARTNERSHIP, a Minnesota limited partnership Th; By: c,� k ; •C )"--V---- -) Its: General Partner STATE OF MINNESOTA ) ) ss. COUNTY OFNe_fm,,G,,e,, ) The foregoing instrument was acknowledged before me this 0-* day of c , .,,r- , 2002, by S�e.v C--Vh&, , a General Partner of the Tharp Family Limited Partnership, a Minnesota limited partnership, on behalf of said limited partnership. DEBRA R FLA►�t�ERY otar Public �;� - NOTARY PUBLIC-MINNESOTA y -- ;; MY COMMISSION ...k.-'‘ EXPIRES JAN.31,2005 � � 2 I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope, Minnesota, hereby certify that the Council of said City has duly accepted the foregoing easement. Dated: // --C./. C) , 2002. L-/-Ag-1-1-1°- - City Clerk This Document Was Drafted By: Jensen& Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 99.20109 P:\Attorney\SAS\Documents\CNH99.20109-001-Easement.doc 3 • • .7tT31$L'I A • LEGAL DESCRIPTION PARCEL 1: Lots 1 and 2, Block 1: • Outlot B; Outlot A,except that part thereof which lies Southwesterly of a line drawn parallel with and distant 50.0 feet Northeasterly of the following described line: Beginning nt a point on the Wcst lino of Suction 6. Township 118. Range 21 distant 893.00 feet North of the Southwest corner of the Northwest Quarter thereof;thence run Southeasterly at art angle of 6 degrees 56 minutes 33 seconds for a distance of 65.44 feet;thence deflect left along a tangential curve having a radius of 954.93 feet(delta angle 37 degrees 05 minutes 26 seconds) for a distance of 618.18 feet;thence tangent to said curve for a distance of 600 feet and there terminating. All in Sharon's Addition, according to the plat thereof on file or of record.in the office of the Registrar of Titles in and for Hennepin County,Minnesota. • • Torrents Property. PARCEL 2: Lot 1,Block 3, Sharon's Addition,according to the recorded plat thereof on file and of record in the office of the County Recorder,Hennepin County,Minnesota. Abstract Property. • PARCEL 1: These parts of the Southeast 114 of the Northwest 1/4 and Northeast 1/4 of the Southwest 1/4, • Section 6,Township 118 North,Range 21 West of the S'"Principal Meridian,Hennepin County, Minnesota,described as follows: Beginning at the northwest corner of Lot 16,Block 3,MEADOW LAKE HEIGHTS 1`T ADDITION; thence north along the extension of the west line of said Loc 16 a distance of 9.87 feet to the south line of Lot 8,Block 2, SHARON'S ADDITION; thence west along the south line of said Lot 8 and its extension a distance of 110,00 feet;thence south at a right angle,to the northerly right-of-way line of County Road Number 10; thence easterly along said northerly right-of-way line to the west line of MEADOW LAKE HEIGHTS le ADDITION; thence northerly along said west line to the point of beginning,which lie westerly of a line parallel with • and 30.00 feet westerly from the following described line: Beginning at a point on the westerly extension of the south line of Lot 8,Block 2,SHARON'S ADDITION,distant 3536 feet west from the southwesterly corner of said Lot 8;thence southeasterly a distance of 98.44 feet along a .c3sais,v.t 4 'non.-tangential curve concave to the southwest having a radius of 317,13 feet,a central angle of 17 degrees 47 minutes 03 seconds and a chord bearing South 24 degrees 48 minutes 32 seconds East(assuming the south lime of said Lot 8 as bearing South 89 degroes 55 minutes 33 seconds West); thence southeasterly,tangent to the above described curve,to the northerly right-of-way line of County Road Number 10, and there terminating. Abstract Property. a�sfifnv_7 5