No preview available
HomeMy WebLinkAboutVIII-09 Authorize Signatures - Permanent Sidewalk Easements with Regina Senior Living and Allina Health (1st Street W.)City Council Memorandum To: Mayor Fasbender & City Council Members From:Cody Mathisen –City Engineer Date:May 19, 2025 Item:Easement Agreements for New Sidewalks Along 1st Street COUNCIL ACTION REQUESTED Council is requested to authorize signature on the proposed easements for new public sidewalks along 1st Street West. BACKGROUND INFORMATION As part of the 2025 Neighborhood Infrastructure Improvements Project, a new sidewalk connection will be constructed along the north side of 1st Street West between Pleasant Drive and CSAH 42. To accommodate this improvement, City staff worked collaboratively with Allina Health (formerly Regina Medical Center) and Regina Senior Living to develop a solution that avoids existing site constraints, including the Soldiers and Sailors Cemetery as well as natural gas facilities owned by Centerpoint Energy. The final design required easements in two separate locations, ultimately impacting three parcels owned by Allina Health and Regina Senior Living. These easements will provide the City of Hastings with the permanent access rights necessary for public use and ongoing maintenance of the new sidewalk. Consistent with City Code Sections 90.04 (Ice and Snow on Public Sidewalks) and 90.15 (Street, Sidewalk, and Storm Sewer Improvements), routine sidewalk maintenance such as snow removal will remain the responsibility of the adjacent property owners. These responsibilities have been clearly specified in the attached easement agreements. STAFF RECOMMENDATION Staff recommends that the City Council authorize signatures on the attached easements, establishing permanent access over what will become new public sidewalks along 1st Street East. FINANCIAL IMPACT These easements are being provided to the City by the impacted landowners for a cost of $1.00. ATTACHMENTS •Map of the Proposed Easements •Permanent Sidewalk Easement –Regina Senior Living and Allina Health •Permanent Sidewalk Easement –Regina Senior Living VIII-09 VIII-09 1 PERMANENT SIDEWALK EASEMENT THIS PERMANENT SIDEWALK EASEMENT (“Easement”) is made, granted and conveyed this ______day of _____________________, 2025, by and between Allina Health System (f/k/a Regina Medical Center), a Minnesota Nonprofit Corporation (“Allina”), and Regina Senior Living, a Minnesota Nonprofit Corporation (“Regina Senior Living”) to the City of Hastings, a Minnesota municipal corporation (“City”). PROPERTY DESCRIPTION Allina owns real property in Dakota County, Minnesota legally described on Exhibit A as Parcels 1 and 2 and Regina Senior Living owns real property in Dakota County, Minnesota, legally described on Exhibit A as Parcel 3. Exhibit A is attached hereto and incorporated herein. PERMANENT SIDEWALK EASEMENT DESCRIPTION Allina and Regina Senior Living for and in consideration of One Dollar and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey to the City, its successors and assigns,forever the following: A permanent nonexclusive easement for sidewalk, trail and right of way purposes and all such purposes ancillary, incident or related thereto, for construction, maintenance, improvement, repair and replacement, and restoration purposes and all such purposes ancillary thereto (“Permanent Easement”), under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C attached hereto and incorporated herein by reference (“Permanent Easement Area”). The Permanent Easement shall be for use as a pedestrian and non-motorized recreational sidewalk (the “Sidewalk”) which shall include such activities as walking, running, biking, in-line skating, roller skating, skateboarding, the walking of household pets and other forms of similar non-motorized pedestrian use; EXEMPT FROM STATE DEED TAX VIII-09 2 The rights of the City also include the right of the City, its contractors, agents and servants: (a)To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b)To maintain the Permanent Easement Area, together with the right to excavate and refill ditches or trenches for the location of such sidewalks, retaining walls, streetlights, hydrants,rights-of-way,curb, gutter or other related improvements; and (c)To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the sidewalks, retaining walls, streetlights, hydrants,rights-of-way, curb, gutter or other related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d)To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. In any instance in which the City exercises its rights under subparagraphs (a), (b), (c) or (d) above, the City agrees to, and shall bear the cost of, promptly returning the Permanent Easement Area to the condition it was in prior to the City exercising its above rights, including without limitation, repairing or replacing curbs and asphalt in Allina and Regina Senior Living’s Driveway (as hereinafter defined) that may have damaged or removed by the City or its employees, agents or contractors during the course of the City’s exercising its rights under subparagraphs (a), (b), (c) or (d) above. Allina and Regina Senior Living shall not interfere with or obstruct the City’s use of the Permanent Easement Area for the purposes identified in this Easement; provided however, that (i) Allina and Regina Senior Living may continue to maintain and, from time to time, improve its existing asphalt driveway located within the Permanent Easement Area (the “Driveway”), and (ii) the Permanent Easement Area may continue to be used by Allina and Regina Senior Living and Allina and Regina Senior Living’s tenants, residents, occupants, employees agents customers, contractors invitees and licensees for access, ingress and egress for the passage of motor vehicles and pedestrians over and across the Permanent Easement Area to and from the Allina and Regina Senior Living’s respective properties. Except to the extent arising from the gross negligence or intentional misconduct of the City, 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 Permanent Easement Area or the Allina Property and the Regina Senior Living Property prior to the date hereof. The Sidewalk shall be maintained in a manner that is consistent with Hastings City Code Sections 90.04 (Ice and Snow on Public Sidewalks) and 90.15 (Street, Sidewalk, and Storm Sewer VIII-09 3 Improvements). Except for Allina’s or Regina Senior Living’s gross negligence, the City and its successors shall hold harmless and indemnify Allina and Regina Senior Living, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys’ fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, and/or third parties. 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 Allina or Regina Senior Living or their 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. Allina and Regina Senior Living, for themselves, successors and assigns, do hereby warrant to and covenant with the City, its successors and assigns, that they are well seized in fee of their respective properties and the Permanent Easement Area lying within each party’s property and each has good right to grant and convey the Permanent Easement Area to the City. This agreement runs with the land and is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [Remainder of this page has been intentionally left blank] VIII-09 4 IN TESTIMONY WHEREOF,the parties have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF HASTINGS By: Mary Fasbender Mayor By: Kelly Murtaugh City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this _____ day of _______________, 2025, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Hastings, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public VIII-09 VIII-09 LANDOWNER: ALLINA HEALTH SYSTEM STATE OF MINNESOTA ) )ss. COUNTY OF /7g^jK)) The foregoing instrument was acknowledged before me on 22 day of [ 2025,by ,the of Allina Health System,a Minnesota Nonprofit Corporation,named in the foregoing instrument and acknowledged said instrument on behalf of the nonprofit corporation. TONYA KAY WEST-GRAYNotaryPublicStateofMinnesotaMycommissionexpires1/31/2027 5 VIII-09 LANDOWNER: REGINA SENIOR LIVING By: Gerald Carley Its:President STATE OF MINNESOTA COUNTY OF ) )ss. ) The foregoing instrument was acknowledged before me on day of / 2025,by Gerald Carley,the President of Regina Senior Living,a MinnesotaNonprofit Corporation,named in the foregoing instrument and acknowledged said instrument on behalf of the nonprofit corporation. Benedict R WoitNotaryPublicMinnesota This instrument was drafted by and after recording,please return to: Korine L.Land (#262432) LeVander,Gillen &Miller,P.A. 1305 Corporate Center Drive,Suite 300 Eagan,MN 55121 651-451-1831 6 A-1 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY REGINA MEDICAL CENTER/ALLINA PROPERTY (the “Allina Property”) Parcel 1: Lot 1, Block 1, Regina Memorial Addition, Dakota County, Minnesota. PID: 196320001010 Parcel 2: Real property situated in the City of Hastings, County of Dakota, State of Minnesota, legally described as follows: That part of Lot 1, Block 1, REGINA MEMORIAL 3RD ADDITION, Dakota County, Minnesota, which lies northwesterly of the following described line: Commencing at the southeast corner of said Lot 1; thence South 89 degrees 16 minutes 07 seconds West, assumed bearing, along the south line of said Lot 1, a distance of 937.06 feet to the point of beginning of the line to be described; thence North 7 degrees 53 minutes 15 seconds East, a distance of 45.00 feet; thence North 27 degrees 03 minutes 32 seconds East, a distance of 50.00 feet; thence North 48 degrees 09 minutes 26 seconds East, a distance of 44.00 feet; thence North 24 degrees 17 minutes 57 seconds East, a distance of 44.00 feet; thence North 48 degrees 09 minutes 26 seconds East, a distance of 237.85 feet; thence South 41 degrees 47 minutes 09 seconds East, a distance of 53.47 feet; thence North 47 degrees 58 minutes 46 seconds East, a distance of 16.27 feet; thence North 41 degrees 58 minutes 29 seconds West, a distance of 27.59 feet; thence North 48 degrees 03 minutes 07 seconds East, a distance of 60.91 feet; thence North 41 degrees 30 minutes 06 seconds West, a distance of 20.53 feet; thence North 48 degrees 05 minutes 35 seconds East, a distance of 50.50 feet; thence South 68 degrees 43 minutes 09 seconds East, a distance of 56.50 feet; thence North 86 degrees 39 minutes 18 seconds East, a distance of 100.00 feet; thence North 35 degrees 04 minutes 46 seconds East, a distance of 50.00 feet, more or less, to the northeasterly line of said Lot 1 and said line there terminating. PID: 196320201012 REGINA SENIOR LIVING PROPERTY (the “Regina Senior Living Property”) Parcel 3: Real property situated in the City of Hastings, County of Dakota, State of Minnesota, legally described as follows: That part of Lot 1, Block 1, REGINA MEMORIAL 3RD ADDITION, Dakota County, Minnesota, which lies southeasterly of the following described line: Commencing at the southeast corner of said Lot 1; thence South 89 degrees 16 minutes 07 seconds West, assumed bearing, along the south line of said Lot 1, a distance of 937.06 feet to the point of beginning of the line to be described; thence North 7 degrees 53 minutes 15 seconds East, a distance of 45.00 feet; thence North 27 degrees 03 VIII-09 A-2 minutes 32 seconds East, a distance of 50.00 feet thence North 48 degrees 09 minutes 26 seconds East, a distance of 44.00 feet;thence North 24 degrees 17 minutes 57 seconds East a distance of 44.00 feet; thence North 48 degrees 09 minutes 26 seconds East, a distance of 237.85 feet; thence South 41 degrees 47 minutes 09 seconds East, a distance of 53.47 feet; thence North 47 degrees 58 minutes 46 seconds East, a distance of 16.27 feet; thence North 41 degrees 58 minutes 29 seconds West, a distance of 27.59 feet; thence North 48 degrees 03 minutes 07 seconds East, a distance of 60.91 feet; thence North 41 degrees 30 minutes 06 seconds West, a distance of 20.53 feet; thence North 48 degrees 05 minutes 35 seconds East, a distance of 50.50 feet; thence South 68 degrees 43 minutes 09 seconds East, a distance of 56.50 feet; thence North 86 degrees 39 minutes 18 seconds East, a distance of 100.00 feet; thence North 35 degrees 04 minutes 46 seconds East, a distance of 50.00 feet, more or less, to the northeasterly line of said Lot 1 and said line there terminating. PID: 196320201011 VIII-09 B-1 EXHIBIT B LEGAL DESCRIPTION OF THE PERMANENT SIDEWALK EASEMENT A permanent easement for ingress and egress purposes over and across that part of Lot 1, Block 1, Regina Memorial Addition, and Lot 1, Block 1, Regina Memorial 3rd Addition, according to the recorded plats on file and of record in the office of the County Recorder, Dakota County, Minnesota, lying southeasterly, southerly, and southwesterly of the line described as follows: Commencing at the southeast corner of Lot 1, Block 1, Regina Memorial Addition; thence south 89 degrees 33 minutes 40 seconds West, assumed bearing, along the south line of said Lot 1, a distance of 33.51 feet to the point of beginning of the line to be described; thence North 53 degrees 14 minutes 24 seconds East, a distance of 26.50 feet; thence south 89 degrees 59 minutes 07 seconds East, a distance of 101.69 feet; thence south 57 degrees 36 minutes 26 seconds East, a distance of 24.85 feet to the southerly line of Lot 1, Block 1, Regina Memorial Third Addition, and there terminating. Subject to any easements and encumbrances of record. VIII-09 C-1 EXHIBIT C DEPICTION OF THE PERMANENT SIDEWALK EASEMENT VIII-09 EASEMENT5-'148PG.324 25OH S89'59907T 101.69 o l POB^ REGINA 1ST STREET WEST O- 32 LULU PEROF SOUTH LINE OF LOT 1,“"BLOCK 1,REGINAMEMORIALADDITION SOUTH LINE OF LOT 1,BLOCK 1,REGINAMEMORIAL3RDADDITION DRAINAGE ANDUTILITYEASEMENTPERPLAT z/bk.7 DEEDS, DRAINAGE ANDUTILITYEASEMENTPERPLATMEMORIALADDITION(POC) 2 'S88*49’31 W51.00L-S89’33’40”W33.51G N5T14924"E 26.50 S5T56926"E 24.85 r m>rn THE SOUTHEAST CORNERYeOFLOT1,BLOCK 1, S88'49’31"W 59.42-G o'nr’-‘rn?QoQ4 z LEGEND FOUND MONUMENT PROPOSED EASEMENT AREA 0 30 60 ©MSA CITY OF HASTINGS ALLINA HEALTH SYSTEM,A MINNESOTA NONPROFIT CORPORATION&REGINASENIOR LIVINGDAKOTACOUNTY,MN EASEMENTEXHIBIT PROJECTNO. 09174072 2OF2 1 PERMANENT SIDEWALK EASEMENT THIS PERMANENT SIDEWALK EASEMENT (“Easement”) is made, granted and conveyed this ______ day of _________, 2025, by and between Regina Senior Living, a Minnesota Nonprofit Corporation (“Landowner”) and the City of Hastings, a Minnesota municipal corporation (“City”). PROPERTY DESCRIPTION Landowner owns real property in Dakota County, Minnesota legally described on Exhibit A, attached hereto and incorporated herein.(the “Landowner’s Property”) PERMANENT SIDEWALK EASEMENT DESCRIPTION The Landowner for and in consideration of One Dollar and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns,forever the following: A permanent nonexclusive easement for sidewalk, trail and right of way purposes and all such purposes ancillary, incident or related thereto, for construction, maintenance, improvement, repair and replacement,and restoration purposes and all such purposes ancillary thereto (“Permanent Easement”), under, over, across, through and upon that real property legally described on Exhibit B and depicted on Exhibit C attached hereto and incorporated herein by reference (“Permanent Easement Area”).The Permanent Easement shall be for use as a pedestrian and non-motorized recreational sidewalk (the “Sidewalk”) which shall include such activities as walking, running, biking, in-line skating, roller skating, skateboarding, the walking of household pets and other forms of similar non-motorized pedestrian use; EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: VIII-09 2 (a)To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b)To maintain the Permanent Easement Area, together with the right to excavate and refill ditches or trenches for the location of such sidewalks, retaining walls, streetlights, hydrants,rights-of-way,curb, gutter or other related improvements; and (c)To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the sidewalks, retaining walls, streetlights, hydrants,rights-of-way, curb, gutter or other related improvements and to deposit earthen material in and upon the Permanent Easement Area; and (d)To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. In any instance in which the City exercises its rights under subparagraphs (a), (b), (c) or (d) above, the City agrees to, and shall bear the cost of, promptly returning the Permanent Easement Area to the condition it was in prior to the City exercising its above rights, including without limitation, repairing or replacing Landowner’s existing sidewalks that may have damaged or removed by the City or its employees, agents or contractors during the course of the City’s exercising its rights under subparagraphs (a), (b), (c) or (d) above. Landowner shall not interfere with or obstruct the City’s use of the Permanent Easement Area for the purposes identified in this Easement; provided however, that Landowner may continue to maintain and, from time to time, improve its existing sidewalk from Landlord’s building located within a portion of Permanent Easement Area and may connect said sidewalk to the City’s sidewalk. Except to the extent arising from the gross negligence or intentional misconduct of the City, 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 Permanent Easement Area or the Landowner’s Property prior to the date hereof. The Sidewalk shall be maintained in a manner that is consistent with Hastings City Code Sections 90.04 (Ice and Snow on Public Sidewalks) and 90.15 (Street, Sidewalk, and Storm Sewer Improvements). Except for Landowner’s gross negligence, the City and its successors shall hold harmless and indemnify Landowner, its agents, and its employees, successors and assigns, from and against all loss, costs, damage, actions, suits, judgments and expense, including reasonable attorneys’ fees attributable to, arising out of, or in connection with the use of the Permanent Easement Area by the City, its agents, employees, agents, contractors, successors and assigns, members of the public and/or other third parties. 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 Landowner or its successors VIII-09 3 or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner’s Property and the Permanent Easement Area and has good right to grant and convey the Permanent Easement Area to the City. This agreement runs with the land and is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [Remainder of this page has been intentionally left blank] VIII-09 4 IN TESTIMONY WHEREOF,the parties have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF HASTINGS By: Mary Fasbender Mayor By: Kelly Murtaugh City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this _____ day of _______________, 2025, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Hastings, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public VIII-09 VIII-09 LANDOWNER: REGINA SENIOR LIVING By: Gerald Carley Its:President STATE OF MINNESOTA COUNTY OF ) )ss. ) The foregoing instrument was acknowledged before me on tv day of npo i 2025,by Gerald Carley,the President of Regina Senior Living,a Minnesota Nonprofit Corporation,named in the foregoing instrument and acknowledged said instrument on behalf of the nonprofit corporation. iiBenedictR WoitNotaryPublicMinnesota‘MyCownis^onExpifesJanuaiy31,2G29 This instrument was drafted by and after recording,please return to: Korine L.Land (#262432) LeVander,Gillen &Miller,P.A. 1305 Corporate Center Drive,Suite 300 Eagan,MN 55121 651-451-1831 5 A-1 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY Real property situated in the City of Hastings, County of Dakota, State of Minnesota, legally described as follows: That part of Lot 1, Block 1, REGINA MEMORIAL 3RD ADDITION, Dakota County, Minnesota, which lies southeasterly of the following described line: Commencing at the southeast corner of said Lot 1; thence South 89 degrees 16 minutes 07 seconds West, assumed bearing, along the south line of said Lot 1, a distance of 937.06 feet to the point of beginning of the line to be described; thence North 7 degrees 53 minutes 15 seconds East, a distance of 45.00 feet; thence North 27 degrees 03 minutes 32 seconds East, a distance of 50.00 feet thence North 48 degrees 09 minutes 26 seconds East, a distance of 44.00 feet thence North 24 degrees 17 minutes 57 seconds East a distance of 44.00 feet; thence North 48 degrees 09 minutes 26 seconds East, a distance of 237.85 feet; thence South 41 degrees 47 minutes 09 seconds East, a distance of 53.47 feet; thence North 47 degrees 58 minutes 46 seconds East, a distance of 16.27 feet; thence North 41 degrees 58 minutes 29 seconds West, a distance of 27.59 feet; thence North 48 degrees 03 minutes 07 seconds East, a distance of 60.91 feet; thence North 41 degrees 30 minutes 06 seconds West, a distance of 20.53 feet; thence North 48 degrees 05 minutes 35 seconds East, a distance of 50.50 feet; thence South 68 degrees 43 minutes 09 seconds East, a distance of 56.50 feet; thence North 86 degrees 39 minutes 18 seconds East, a distance of 100.00 feet; thence North 35 degrees 04 minutes 46 seconds East, a distance of 50.00 feet, more or less, to the northeasterly line of said Lot 1 and said line there terminating. PID: 196320201011 VIII-09 B-1 EXHIBIT B LEGAL DESCRIPTION OF THE PERMANENT EASEMENT A 15 foot wide perpetual easement for sidewalk purposes over and across that part of Lot 1, Block 1, Regina Memorial 3rd Addition, according to the recorded plat on file and of record in the office of the County Recorder, Dakota County, Minnesota, the centerline of which is described as follows: Commencing at the southeast corner of said Lot 1; thence South 88 degrees 49 minutes 31 seconds West, assumed bearing, along the south line of said Lot 1, a distance of 60.21 feet to the point of beginning of the centerline to be described; thence North 36 degrees 29 minutes 31 seconds East, a distance of 29.91 feet; thence North 17 degrees 14 minutes 40 seconds East, a distance of 37.95 feet; thence North 08 degrees 46 minutes 55 seconds West, a distance of 94.36 feet to the northeasterly line of said Lot 1 and there terminating. Subject to any easements and encumbrances of record. VIII-09 C-1 EXHIBIT C DEPICTION OF THE PERMANENT EASEMENT VIII-09 LEGEND FOUND MONUMENT POB- 1ST STREET WEST NORTHEASTERLYLINEOFLOT1 SOUTH LINE _ OF LOT 1 PROPOSED EASEMENT AREA DRAINAGE ANDUTILITYEASEMENT PER PLAT DRAINAGE AND UTILITY EASEMENTPERPLAT THE SOUTHEAST"CORNER OF LOT 1(POC) NITUWE 37.95 N36"2931^{ 29.91 S88*49'31"W 50.21 ©MSA CITY OF HASTINGS REGINA SENIOR LIVING DAKOTACOUNTY,MN EASEMENT EXHIBIT 09174072 2 OF2