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HomeMy WebLinkAbout030-2024-70-000 (2) Il l it l 1111111111 it li i l lllli l 111 INGRESS/EGRESS AND MECHANICAL LIFT EASEMENT AGREEMENT $ 1 9 7 3 5 7 Document Number Document Title Tx:4163825 A parcel of land located in Government Lot 1, Section 12,Township 29 989619 North, Range 20 West, described as Lot ton the Certified Survey Map filed BETH PABST June 20, 1977, in the office of the Register of Deeds for St. Croix County, REGISTER OF DEEDS Wisconsin in Volume 2, Page 396,document 340934,together with an ST. CROIX CO., WI RECEIVED FOR RECORD easement for an access road over the parcel of land marked "public road" 11/26/2013 11.02 AM as shown on the Certified Survey Map recorded in Volume 2, pages 396 and EXEMPT #: 388 and over the road described in paragraph number 1 of page 3 of the REC FEE: 30.00 Roadway Agreement recorded in the office of said Register of Deeds in PAGES: 6 Volume 574, page 92-101, document 348583. Supplement recorded in Recording Area Volume 574, pages 102-109, document 348584 Name and Return Address R. Michael Waterman P.O. Box 469 Hudson, WI 54016 Part of Government Lot 1 of Section 12,Township 29 North, Range 20 West,St. Croix County, Wisconsin described as follows: Lot 2 of CSM filed June 20, 1977 in Volume 2, page 396, documents 340934.TOGETHER WITH 030202470000 an easement for an access road over the parcel of land marked "public n;n1)n?46n0n0 road" as shown on the CSM recorded in Volume 2, page 396 and part 388 Parcel Identification Number(PIN) and over the road described in paragraph 1 on page 3 of the Roadway Agreement recorded in Volume 574, page 92, document 348583 and Supplement recorded in Volume 574, page 102, document 348584. THIS PAGE IS PART OF THIS LEGAL DOCUMENT— DO NOT REMOVE. This information must be completed by submitter: document title.name&return address,and PIN(if required). Other information such as the granting clause,legal description,etc.,may be placed on this first page of the document or may be placed on additional pages of the document. WRDA Rev. 12/22/2010 li INGRESS/EGRESS AND MECHANICAL LIFT EASEMENT AGREEMENT This Ingress/Egress and Mechanical Lift Agreement is made, executed and effective 4 - ao 2012 by and between Rowen G. Kurimay and Bonnie L. Kurimay, hereinafter referred to a"Grantors," and Daniel R. Butler and Janet M. Jones, hereinafter referred to as "Grantees." WHEREAS, Grantors own certain real property(hereinafter defined as the "Servient Parcel") located in the Town of St. Joseph, St. Croix County, Wisconsin legally described as follows: A parcel of land located in Government Lot 1, Section 12, Township 29 North, Range 20 West, described as Lot Ion the Certified Survey Map filed June 20, 1977, in the office of the Register of Deeds for St. Croix County, Wisconsin in Volume 2, Page 396, document 340934, together with an easement for an access road over the parcel of land marked "public road" as shown on the Certified Survey Map recorded in Volume 2, pages 396 and 388 and over the road described in paragraph number 1 of page 3 of the Roadway Agreement recorded in the office of said Register of Deeds in Volume 574, page 92-101, document 348583. Supplement recorded in Volume 574, pages 102-109, document 348584. WHEREAS, the Grantees own certain real property(hereinafter defined as the "Dominant Parcel") adjacent to and south of the Servient Parcel of Grantors, legally described as follows: Part of Government Lot 1 of Section 12, Township 29 North, Range 20 West, St. Croix County, Wisconsin described as follows: Lot 2 of CSM filed June 20, 1977 in Volume 2, page 396, documents 340934. TOGETHER WITH an easement for an access road over the parcel of land marked "public road" as shown on the CSM recorded in Volume 2, page 396 and part 388 and over the road described in paragraph 1 on page 3 of the Roadway Agreement recorded in Volume 574, page 92, document 348583 and Supplement recorded in Volume 574, page 102, document 348584. WHEREAS, Grantors and Grantees wish to enter into an Agreement which will grant to Grantees an easement for ingress and egress over Grantors' property. Page 1 2 of 6 NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the undersigneds agree to the creation of the easement as herein set forth: 1. Servient Parcel: The Servient Parcel means and is defined as follows: Lot Ion the Certified Survey Map filed June 20, 1977, in the office of the Register of Deeds for St. Croix County, Wisconsin in Volume 2, Page 396, document 340934. 2. Dominant Parcel: The Dominant Parcel means and is defined as follows: Lot 2 of the Certified Survey Map filed June 20, 1977 in the office of the Register of Deeds for St. Croix County, Wisconsin in Volume 2, page 396, document 340934. 3. Easement Area: the Easement Area means and is defined as follows: A strip of land 10 feet wide within the Servient Parcel labeled as "Existing Lift Track to Be Removed" on the survey map bf James D. Filkens dated March 30, 2012 and attached as Exhibit A; and a pedestrian path between the west end of said "Existing Lift Track to Be Removed" in the same westerly direction as the Existing Lift Track to be Removed" to the St. Croix River, extending south to the Grantee's property. 4. Grant of Easement: Grantors grant to Grantees and their successors in interest, a perpetual, exclusive easement for ingress and egress on and over the Easement Area according to the terms hereof and Grantees accept such easement and the duties and restrictions contained herein. 5. Purposes and Uses of Easement: The purpose of this Easement is to pen-nit the Grantees and their successors, assigns, lessees, and licensees, to use, operate, maintain and improve a mechanical lift for the purpose of transporting people and accessories along the bluff and providing access to the St. Croix River by way of the Easement Area to reach the Grantee's property. Grantees agree to traverse that portion of the Easement Area along the St. Croix River in the most practical manner that the conditions of the terrain and personal safety permit. 6. Benefited Parties: The Easement created herein is for the benefit of the Page 2 3 of 6 owner of the Dominant Parcel and their successors in interest, assigns, invitees, lessees and licensees. 7. Maintenance of the Lift: Maintenance of the lift and the Easement Area shall be the responsibility of the Grantees, their successors and their assigns. 8. Perpetual duration: The Easement created hereby is perpetual, runs with the Dominant Parcel and the Servient Parcel, shall be binding upon the Servient Parcel and shall be to the benefit of the Dominant Parcel. This Easement is exclusive to the Dominant Parcel, but shall not be construed to deprive Grantors from accessing the Easement Area . 9. Binding ffect: The Tenns and Conditions of this Agreement shall be g g binding upon the parties, their heirs, legal representatives, successors and assigns and their licensees and their lessors and lessees and upon the owners, from time to time, of the respective Dominant Parcel and Servient Parcel. The parties have executed this Agreement as of the date set forth above. GRANTORS: Rowen G. Kurimay /Bonnie L. Kurimay STATE OF WISCONSIN ) )ss COUNTY OF ST. CROIX ) Personally came before me on je r �O , 201 , the above named Rowen G. Kurimay and Bonnie L. Kurimay, to me know to be the persons who executed the foregoing instrument and acknowledged the same. R A 1 Notary Public, State of Wisconsin =J6_ ®® My Commissiorv-xpirc 15 prp xn&%� •••. Pt)BVV . �COP OF W rrrti►� Page 3 4 of 6 BOARD OF ADJUSTMENT DECISION Request of Daniel Butler and Rowen ) Kurimay for a special exception use, ) A_21-86 Article 3.12 GG, Lift, Riverway Dis- ) 27, 1986 trict, ST. CROIX COUNTY ZONING ORDINANCE. ) May Location: Part of Gov't. Lot 1, Section ) 12, T31N-R20W, Town of St. Joseph. ) The St. Croix County Board of Adjustment conducted a public hearing on May 27, 1986 to consider the request of Daniel Butler and Rowen Kurimay for a special exception use, Article 3.12 GG, Lift, Riverway District, ST. CROIX COUNTY ZONING ORDINANCE. The St. Croix County Board of Adjustment conducted an on site inspection of the site in question. After inspection, the St. Croix County Board of Adjustment entered an executive session to discuss the request. After returning to open session, the following decision was rendered: Motion by Supervisor Sweitzer to approve the request for a lift, as it meets all specifications of the zoning ordinance, and there will be no trees removed. This request also meets D.N.R and M.W.B.A.C. approvals. Seconded by Supervisor Kinney. Motion carried. Vote to approve: Kinney, yes; Sweitzer, yes; Meinke, yes. All variances approved must be acted on or constructed within one (1) year from date of approval or they shall be null and void. Edith Sweitzer, Secr ar St. Croix County Board of Adjustment ES:HB:mj Daniel Butler Rowen Kurimay Town Clerk Jake Vander Voort Steve Johnson Richard Thompson BOARD OF ADJUSTMENT MEETING AND HEARINGS May 27, 1986 9:00 A. M. Meeting called to order by Chairman Meinke at 9:00 a.m. in the County Board Room, Courthouse, Hudson. All members present. Agenda approved as mailed. Minutes of the April 22, 1986 meeting and hearings approved as mailed. Chairman Meinke called the hearing to order and set the guidelines of the hearings. Zoning Administrator read notice of the hearings as published in the newspapers. 1. ARTICLE: 8.4B(4)(b), Setback from a Town Road APPELLANT: Samuel J. Satterlund LOCATION: NW1/4 of the NE1/4 of Section 13, T31N-R18W, Town of Star Prairie 2. ARTICLE: 8.4B(3)(b), Setback from a County Road APPELLANT: Northern States Power Company LOCATION: NW1/4 of the NE1/4 of Section 6, T29N-R17W, Town of Hammond 3. ARTICLE: 6.3C(1)(c), Holding Tank APPELLANT: Harold E. Johnson, Jr. LOCATION: NW1/4 of the NE1/4 of Section 11, T29N-R17W, Town of Hammond 4. ARTICLE: 3.12 4.0, Constructing Barn in Riverway District APPELLANT: Harold J. Soderberg LOCATION: N1/2 of the SE1/4 of Section 12, T28N-R19W, Town of Troy 5. ARTICLE: 3.12 GG, Lift, Riverway District APPELLANT: Daniel Butler and Rowen Kurimay LOCATION: Part of Gov't. Lot 1, Section 12, T29N-R20W, Town of St. Joseph 6. ARTICLE: 2.4F 4, Limited Commercial Use, and 2.6F 9, Junkyard APPELLANT: Karl Krampert LOCATION: SE1/4 of Section 26, T31N-R17, Town of Stanton 7. ARTICLE: 8.4B(4)(b), Setback from a Town Road APPELLANT: Warren W. Wood LOCATION: NE1/4 of the NW1/4 of Section 3, T31N-R18W, Town of Star Prairie Karl Krampert: Request by the town board to delay action on this hearing. Motion by Supervisor Kinney to postpone action on the Karl Krampert request for a junkyard and limited commercial use on his property, until such time as rezoning has been approved. Seconded by Supervisor Sweitzer. Motion carried. 1 Mr. Samuel Satterlund presented his request for a variance of the 133 foot setback from a town road, explaining that the location of the sanitary system and lot depth is causing the problems. Questions by board members. Mr. Robert Koltes presented the request of Northern States Power Company to construct a 12 X 18 building for a repeater system for their communications. The structure will be 50 feet from the centerline of the road, and will not cause a safety hazard. The steel tower next to the proposed building will be removed. Greg Gillis, Town Board Supervisor, stated that the Town of Hammond has no objections. Mr. Harold Johnson, Jr. presented his request for a holding tank needed for a mobile home on his farm. The holding tank and mobile home would be needed for a three to five year period, after which it would be removed. Greg Gillis of the Hammond Town Board has no objections for a three to five year period. Questions by members of the board. Zoning Administrator explained the decisions made by the Board of Adjustment. Mr. Harold Soderberg and Richard Evjen presented their request to construct a barn to house livestock, raising arabian horses on the property. Mr. Evjen showed plans for the structure. Mr. Steve Johnson, MN-WI Boundary Area Commission, had no comments as the area is out of their jurisdiction, but the county ordinance is more restrictive. Dean Albert, Town of Troy Building Inspector and Planning Commissioner, was concerned about the number of animals on the property. Tom Soderberg explained the reasons for the facility. Mrs. Soderberg spoke in favor of the horse breeding operation and riding arena. Rue Elston, former property owner, spoke in favor of the operation. Mr. Steve Wilcox presented the request of the Butler and Kurimay lift in the St. Croix Riverway District. Mr. Steve Johnson, MN- WI Boundary Area Commission, has no objections to the lift request. Mr. Warren Wood presented his request to construct a garage that would be 74 feet from the centerline of a town road. Questions by members of the board. Hearing recessed at 10:30 to view the properties in question. After viewing all the properties the board rendered the following decisions: 1. Samuel Satterlund: Motion by Supervisor Kinney to approve the request to construct a house 120 feet from the centerline of a town road as this structure will not cause a traffic hazard. Seconded by Supervisor Sweitzer. Motion carried. Vote to approve: Kinney, yes; Sweitzer, yes; Meinke, yes. 2. Northern States Power Company: Motion by Supervisor Kinney to approve the request for a 50 foot setback from C.T.H."E" for a communications structure. Northern States Power Company will not hold St. Croix County liable if building has to be removed due to future road construction. The structure will not cause a traffic 2 hazard. Seconded by Supervisor Sweitzer. Vote to approve: Kinney: yes; Sweitzer, yes; Meinke, yes. 3. Harold Johnson, Jr.: Motion by Supervisor Sweitzer to approve the request for a holding tank for a mobile home on a farm for a period of three years, after which the mobile home and holding tank shall be abandoned and removed. The home owner shall make a report to the St. Croix County Zoning Office after each pumping, and shall make a report to the township at the same time. The Zoning Department shall inspect the system semi- annually. Seconded by Supervisor Kinney. Motion carried. Vote to approve: Kinney, yes; Sweitzer, yes; Meinke, yes. 4. Harold Soderberg: After discussing this request with legal counsel, a motion was made by Supervisor Kinney to deny this request as the structure is not a permitted use in the St. Croix Riverway District, which is for single family dwellings and accessory buildings only. Seconded by Supervisor Sweitzer. Motion carried. Vote to deny: Sweitzer, yes; Kinney, yes; Meinke, yes. 5. Daniel Butler and Rowen Kurimay: Motion by Supervisor Sweitzer to approve the request for a lift, as it meets all specifications of the zoning ordinance, and there will be no trees removed. This request also meets D.N.R. and M.W.B.A.C. approvals. Seconded by Supervisor Kinney. Motion carried. Vote to approve: Kinney, yes; Sweitzer, yes; Meinke, yes. 6. Warren W. Wood: Motion by Supervisor Kinney to approve the request to construct a garage 74 feet from the centerline of a town road. The structure will not cause a traffic hazard, and will enhance the value of the property. The structure was started prior to the hearing. Seconded by Supervisor Sweitzer. Motion carried. Vote to approve: Kinney, yes; Sweitzer, yes; Meinke, yes. Motion by Supervisor Kinney to adjourn. Seconded by Supervisor Sweitzer. Motion carried. Meeting and hearing adjourned at 4:15 P.M. The next regular meeting and hearing is June 24, 1986 at 9:00 a.m. Edith Sweitzer, Secretary St. Croix County Board of Adjustment 3 Description of Project Butler/Kurimay Lift Permit April 26, 1986 The purpose of this project is to permit access to two families and their guests from the top of the bluff line 265 feet down to the high water bank without the erosion, human problems and dangers associated with repetitive foot travel. Shared access across the property line will halve the ordinarily minimal engineering impact. Actual location of the lift itself was selected to assure total concealment by existing foliage from all views on the river and it's banks. Trigg Mfr. was selected for the engineering work to assure known, reputable reliability and cooperation with the environmental concerns. We will also landscape as necessary to assure total blending with the existing foliage. The project itself will involve a concealed 10' x 10' groung level landing platform at the top of the lift and permit access and waiting without causing foot traffic damage to the upper bank. Access to there from the Butler property will be across existing lawn and from the Kurimay property by concealed 4 foot gravel path near the bluff line. The lineal run of the lift will be covered by existing trees, without any need for tree removal. The bottom of the lift will end at a small landing platform, with steps down a short stairs to a hinged, removable docking which leads across artesian impregnated sand and rock to the beginning of the floating dock system. The dock is designed to permit moorage of two boats up to thirty feet in length and will be anchored on spud poles as necessary to secure against wave action. This will be taken in and out in the Spring and Fall. It should be mentioned that there is existing erosion, some wash out at the bottom of the lift area. Control of this is necessary and will be accomplished as a part of the project landscaping. This project will allow access for prevention of erosion.