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Home My WebLink About20081215 - VIII-B-2VIII-B-2 Memo To: Mayor Hicks and City Council From: John Hinzman, Planning Director Date: December 15, 2008 Subject: Authorize Signature -Trail Easement #2008-31 - Riverfront Addition REQUEST The City Council is asked to authorize signature of the attached Permanent Pedestrian and Sidewalk Easement Document. The agreement provides trail and sidewalk access along Block 1. The document will be recorded in conjunction with the Riverfront Addition Plat. • Permanent Pedestrian and Sidewalk Easement PERMANENT PEDESTRIAN TRAIL AND SIDEWALK EASEMENT FOR VAL UABLE CONSIDERATION, the Housing and Redevelopment Authority in and for the City of Hastings, a public body corporate and politic under the laws of the State of Minnesota ("Grantor"), hereby conveys and quit claims to the City of Hastings, a Mirulesota Municipal Corporation ("Grantee"), a permanent pedestria~i trail and sidewalk easement over, under and across the following described land in Dakota County, Minnesota: See Attached Trail and Sidewalk Easement E.rhibit A This easement is granted for the purpose oflocating, installing, maintaining and constructing a pedestrian trail and sidewalk with landscape features (i.e., trees and/or shnibs, signage, etc.) over, under and across the above-described property. Within this easement, Grantee shall have the right to construct, locate and operate a public pedestrian trail and sidewalk; and to acquire and remove all structures, trees, shrubs, grass and herbage and other obstnictions interfering with the location. constriction and maintenance of said pedestrian trail and sidewalk within the easement area. Furthermore, within said casement, Grantee shall have the right to grade, level, fill and excavate said easement property and to prevent the location in said easement of buildings, trees, fences and other structures inconsistent with the construction, maintenance, location and operation of a public pedestrian trail and sidewalk. Within said easement, Grantor shall also not place or allow to be placed, any structures or obstructions of any type, without the consent of the City. Grantor, for itself, its successors and assigns, covenants with the City, its successors and assigns, that it is the owner of this easement area and has the sole right to grant and convey this per-~nanent easement to the City. "hhe real property encumbered by this easement is part Ton-ens property. Dated this day of X008. HO USIIVCAND REDS [DEL OPiYlENT,9 UTHORITY, A PUBLIC BODY CORPORA TE AND POLITIC UNDER THE LAWS OF THE STATE OF MINNESOTA By: Ronald L. Toppin It's: Chairperson ACK'VOWLEDG~~IENT STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of December, 2008 by Ronald L. Toppin the Chairperson of the Housing and Redevelopment Authority, a public body corporate and politic under the laws of the State of Minnesota. NOTARY P1JBI,IC THIS INSTRUMENT DRAFTED BY.• FL UECEL LA W FIRM P.A. 1303 South Frontage Road, Suite 5 Hastings, Iv1N 55033 Telephone: 651-438-9777 (DAN) Tf,'~Il .~NII Sll>~'/-~~.L1Y ~~1S'~~l~NT ~Xf.~IBIT FOfi?• Tf.~~' CITY Off' f~,LS'TINGL,S'' OUTLOT "A` TRAIL AND SIDEWALK EASEMENT PROPOSED LEGAL DESCRIPTION: FlLEEAND OOF RECORD N THE OFFICE OF OTHESCOUNTY RECORDERD QNSOTA COUNTY, MINNESOTA,OLYINCRNOR'fFiERIY AND OEASTERL~ OfNTHEOFOLLOW NG DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID OUTLOT A; THENCE SOUTH 00 DEGREES 23 MINUTES 49 SECONDS EAST, ASSUMED BEARING, ALONG THE WEST LINE OF OUTLOT A A DISTANCE OF 55.52 FEET TO THE POINT OF BEGINNING; THENCE EASTERLY ALONG A NONTANGENTNL CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 469.13 FEET, A CENTRAL ANGLE OF 00 DEGREES 09 MINUTES 17 SECONDS, AN ARC LENGTH OF 1.27 FEET, A CHORD LENGTH OF 1.27 FEET ANO A CHORD BEARING OF SOUTH 87 DEGREES 53 MINUTES 30 SECONDS EAST; THENCE NORT}i 00 DEGREES 23 MINUTES 41 SECONDS WEST A DISTANCE OF 18.76 FEET; THENCE NORTHERLY ALONG A TANGENTIAL CURVE CONCAVE EASTERLY HAVING A RADIUS OF 69.81 FEET, A CENTRAL ANGLE OF 32 DECREES 17 MINUTES 19 SECONDS, AN ARC LENGTH OF 39.34 FEET, A CHORD LENGTH OF JB.82 FEET AND A CHORD BEARING OF NORTH 15 DEGREES 44 MINUTES 58 SECONDS EAST; THENCE EASTERLY ALONG A NONTANGENTIAL CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 28.00 FEET, A CENTRAL ANGLE OF S1 DEGREES 51 MINUTES 29 SECONDS, AN ARC LENGTH OF 25.34 FEET, A CHORD LENGTH OF 24.49 FEET AND A CHORD BEARING OF NORTH 75 DEGREES 32 MINUTES 53 SECONDS EAST; THENCE EASTERLY ALONG A REVERSE CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 142.00 FEET, A CEMRAL ANGLE OF 23 DEGREES 41 MINUTES 15 SECONDS, AN ARC LENGTH OF 58.71 FEET, A CHORD LENGTH OF 58.29 FEET AND A CHORD BEARING OF NORTH 61 DEGREES 27 MINUTES 46 SECONDS EAST; THENCE NORTH 73 DEGREES 18 MINUTES 23 SECONDS EAST TANGENT TO LAST DESCRIBED CURVE A DISTANCE OF 12.27 FEET; THENCE NORTH 76 DEGREES 25 MINUTES 36 SECONDS EAST A DISTANCE OF 42.03 FEET; THENCE SOlliH 12 DEGREES 32 MINUTE'S D2 SECONDS EAST A DISTANCE OF 11.88 FEET; THENCE NORTH 77 DEGREES 27 MINUTES 58 SECONDS EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 12 DEGREES 32 MINUTES 02 SECONDS WEST A DISTANCE OF 10.95 FEET; THENCE EASTERLY ALONG A NONTANGENTIAL CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 52.18 FEET, A CENTRAL ANGLE OF 27 DEGREES 13 MINUTES 35 SECONDS, AN ARC LENGTH OF 24.79 FEET, A CHORD LENGTH OF 24.56 FEET AND A CHORD BEARING OF SOUTH 83 DEGREES 03 MINLffES 45 SECONDS EAST; THENCE SOUTH 23 DEGREES 05 MINUTES 09 SECONDS EAST A DISTANCE Of 107.55 FEET; THENCE SOUTH 00 DECREES 23 MINUTES 40 SECONDS EAST A DISTANCE OF 5.663 FEET TO A POINT ON THE SOUTH LINE OF SAID OUTLOT A DISTANT 38.50 FEET WEST OF THE SOUTHEAST CORNER OF SAID OUTLOT A AS MEASURED ALONG SND SOUTH LJNE AND THERE TERMINATING. OUTLOT "8" TRAIL AND SIDEWALK EASEMENT PROPOSED LEGAL DESCRIPTION: A PERPETUAL EASEMENT FOR TRAIL PURPOSES OVER, UNDER AND ACROSS THE WEST 1.00 FOOT AND THE EAST 38.50 FEET OF OUTLOT 8, RWERFRONT ADDRION, ACCORDING TO PLAT ON FlLE AND OF RECORD IN THE OFFCE OF THE COUNTY RECORDER, DAKOTA COUNTY, MINNESOTA, OUTLOT `C" TRAIL AND SIDEWALK EASEMENT PROPOSED LEGAL DESCRIPTION: A PERPETUAL EASEMEFfi FOR TRAIL PURPOSES OVER, UNDER AND ACROSS THE WEST 1.00 F00T OF OUTLOT C, RTVERFRONT ADDRION, ACCORDING TO PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER, DAKOTA COUNTY, MINNESOTA AND TOGETHER WRH THAT PART OF SAD OUTLOT C AS DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID OUTLOT C; THENCE SOUTH 89 DECREES 43 MINUTES 02 SECONDS WEST ASSUMED BEARING ALONG THE SOUTH LINE OF SND OUTLOT C A DISTANCE OF 17.72 FEET; THENCE NORTH 00 DEGREES 23 MINUTES 40 SECONDS WEST A DISTANCE OF 44.41 FEET TO THE EASTERLY LINE OF SAID OUTLOT C; THENCE SOUTH 22 DEGREES 07 MINUTES 48 SECONDS EAST ALONG SAD EAST LINE A DISTANCE OF 47.85 FEET TO THE POINT OF BEGINNING AND THERE TERMINATING. JOB .VC. 119-175-% CRAWN BY: CES ALTERATIONS TO LH5 DRAWING ARE PROHIBITED WITHOUT THE E%PRE:S WRRTEN PERM185!ON OF dDM. CGPiRiGHi 2008, 8D4 CONSUIiING ENCINEERB ANO 8UR`/EYORB, PLC. EXHIBIT D ~ A TRAIL ~1NIJ SII>.~'~,~s(„LX F~,~F~FNT- ~XXI.BIT FDR. Tf'.~' CITY OI' N~STING,~S'' ____ _ -- - _ _ __ - - __- -____ - _ . I I 5~ S~REE~ ~ '. CH 8RG=N75'32'S}'E G,R __ '1 I CH=24.49' \ _ 1 L=25.34' ~~'~~ R-29.00' / /` °y ` ~ 3-51'51'25' ~~-\ I ~. ! //I i . ~ ~ U" m n~1 f r` I I PI i ~ li ~, J`a? N Pp CN~N- NORTHWEST COP.NER Ilt, \\i?~ ~`% -L oµ ~ ` i`~'t~Ul `~~ I OF OUT:•_OT A __ ___ I \i al rµ Or' ~~^'. $, YA'U~'~~ I ~~ `\ ~~ I ~~ NN lN. pJ~ ~~"N ~ pig. 1 ~ ~=39.34' \ i" 1 ° V ° m w ~ ~ I R=69.81' II ~'~w W.P ~'.~ ~ ~ U ~< ~ ~ ~=371719' \\ .V `~ OUTLOT, ~ = o ~ ~~ CH=39.92' I r~ F ~ ~'CH BRG=N15'44'S8'E ~~ I L=59.71' p I '^c - ______ `~_ R=142.00' .~, # - - 3_23-41'IS' A u`. NGO'2}'41'W CH=58.29' I ' 18.76' CH BRC~N6 t'27'46'E SCO'23'40°E o ~ ~~ ~~ 5.66' ~~ I Q~ L=1.27' SOUTH LINE OUTLOT A 38,50• ~\a\ R=469.1 J' w N89'48'48'E I _ I 3=00'09'17° CH=1.27' 1 I CH BRG=567 55'30'E I ~ I I ____ ___ 1.OC' I I I w ~ RIVERFRONT -~^~_ III ~$ II s ~ w p ~ ~I i I I ~ ~ ~ OUTLOT B ~I ~ `, 1 ~ w ADDITION a. I~ $ ~I ~ ~ ~ I , ~I _,OG' ~ _ ~ --- -- ~ ~ ~ I L ~ __ , ,,~. `~ I u 3850_ OUTLOT C ~~ ~ o °~ ~ H- W ~ I ~ N W <. ~. ~ L. SOUTH LME OIfTLOT C ~ --- --- p 3 17.72• x 589'43'02'V! i ~ ,J SECOND STREET ~o ~ Q =4 ~ m ~ ko EXHIBIT I- :~ ~ 0 so a ~ ~ SCALE 1' 50' B~ JOB N0. 119-'.75-X DRAWN 8Y: CES CONSULTING ENGINEERS dE SURVEYORS ALTERATIONS TO THIS GRA'MKC. ARE PROMIBRED WfTHOiJT THE IXP.RESS 'NRRIEN FERMIS61OH OF BOM. SOUTH OrFCE: COFIRIGHi 2008, BGY CONSULTMO FIJGINEERS ANO EO PEATD BOOLFMR>1 FIST., S~U•I6 140, 57, qy/L, yN letp~ yy_311Z SUR`JfYORB. PLC.