HomeMy WebLinkAbout20070604 - VI-06
VI-6
Memo
To: Mayor Hicks and City Council
From: John Hinzman, Planning Director
Date: June 4, 2007
Subject: Authorize Signature - Temporary Street Easement Termination -
County Crossroads (Coborns\Wal-Mart)
REQUEST
The City Council is asked to authorize signature of the attached Termination of Temporary
Street Easement document recorded against portions of the County Crossroads subdivision
(Coborns\Wal-Mart) in 1990.
The easement provided temporary street access during the reconstruction of 33rd Street
and is no longer needed. Coborns has requested the termination as a condition of leasing
the former Wal-Mart building.
ATTACHMENTS
. Termination of Temporary Street Easement
· Original Recorded Agreement
-
TERMINATION OF TEMPORARY STREET EASEMENT
WHEREAS, pursuant to the Temporary Street Easement dated April 16, 1990 and recorded in
the office of the Dakota County Recorder on April 19, 1990 as Document Number 934677 (the
"Temporary Street Easement"), County Crossroads Center Limited Partnership conveyed and quit
claimed to the City of Hastings a temporary easement for a public street over, under and across the land
legally described as and hereinafter referred to as the "Property":
Those parts of Lots 1, 3, 4 and 5, Block I, COUNTY CROSSROADS CENTER
ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, lying
northerly of a line described as beginning at the northeast comer of Outlot B of said
County Crossroads Center Addition; thence easterly along the easterly extension of the
north line of said Outlot B to the northeast line of said Lot I and said line there
terminating; and lying southerly of a line 66.00 feet northerly of and parallel with said
above-described line.
WHEREAS, the Temporary Street Easement was to tenninate upon the completion of the 33'd
Street improvements;
WHEREAS, the 33'd Street improvements have been completed and the City of Hastings desires
to execute this instrument for the purpose of establishing the tennination of the Temporary Street
Easement.
NOW, THEREFORE, in consideration of the foregoing, the City of Hastings, by this
instrument, hereby acknowledges and agrees that the 33,d Street improvements have been completed and
that the Temporary Street Easement as conveyed and quit claimed to the City of Hastings pursuant to the
Temporary Street Easement is tenninated and that all interest, rights and title granted pursuant to the
Temporary Street Easement are terminated and reverted to the owner of the Property.
IN WITNESS WHEREOF, the City of Hastings has executed this instrument as of the
day of June, 2007.
CITY OF HASTINGS, a Minnesota
Municipal Corporation
By:
Paul 1. Hicks, Mayor
(SEAL) By:
Melanie Mesko Lee, Assistant City
Administrator/City Clerk
-
772123. I
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of June, 2007, by Paul J.
Hicks and Melanie Mesko Lee the Mayor and Assistant City Administrator/City Clerk of the City of
Hastings, Minnesota.
Notary Public
This Instrument Drafted By:
LANGLAIS & SCHUMACHER, P.A.
1303 South Frontage Road, Suite 13
Hastings, MN 55033
Phone: 651-438-3789
(LFS/njs)
-
772123.1
I}..'" .('..I'.~ ;,.<i;:J "'~'-'.:, ~i~:."~ /'I.t:Jr7.<;t . ,'....'. :.;:-:~~r ~ ;. .~.,<. :I".i.~ ~ 'J" :. '. " ',\ t~., . /,, ' -~! :\~~,;f: 1,. "'
, ,:~ '. '~"'. . .
, "
,"<,IA,l""!"!"':'-'.c.!~R'"'~'~~l,"...,,\,,~,<.";. .I'l.\>~l" "~'~,' ',' "~ "I' . ,. J"' ,
1.~::; ';<i~i~:~/:;:(~,;; /bt.~~~t~r~\r::~>?':f' ~ '?'~' :,~<:~; ,;' ":'. '. .' . ': ~ . '~} . I: . ~,' .': " ,\\
. "~. !: " t'" ~ ,h, ,..
\
'. ,;-:"<f~N::
CeRTIFll::D THAT THE WITHIN
INSTRUMENT WAS FILED FOR
R.CORD IN THIS OFFICE
ON ANt' AT
fi,'nI9 4 iG PH 'SG
DOC. ~jO 934677
JAMES "C!fCOUNTYR.CgRo.R
OEPUTY FEE~~
CASff C: CHECK~ CHARGE i~
CHAFlG)--~ ''''HOM __"'"'~'_"_."
REFW.'.. .-
DO NOT REMOVE
."i'5
:n;:nVICES. INC. Tron!f'erEnt.ered'l1lll 19ft
;< r1.\ure C01.1:''l
'~C' dn7cf ;;:,.41 19:1t'
.::"'i;:)
-'.::)0 ;~iJl')I!.~1 St. ,/~ 9:77a-<4k
St, Find, MiTlnesot.J 55101 CounIy f.u~tc=, Dakota qr
.:Jt? Xnu
I
I
~I
'i__~l;
rEM, JRARY snEET EASH1EHT
-.. "-
Dated: Apri 1 4. !990
FOR VALUABLE CONSIDEnATlON, the sufficiency of w. is hereby
owledged, County Crossroads Center Limited Partnership. a!, l1esota Limited
Pa!'Lnership (Grantor), hereby conveys and Qu'it claims to the C >.y of Hastings,
~':innesotll. !.j;Jnlcip.al Corporation (Grantee), Cl temporary eaSell,,!It for a public
"et over, under and acrc~s th, land legolly described as:
Those parts of Lots 1. 3. 4 1d 5. Block I, COUNTY
CROSSROADS CEIHER ADD IT ION. accord i ng to the recorded
fJlllt thHrcot, Dilkol,il COUrtly, MillrlCSOt.l, lying northerly
of a line described as beginning at the northca~t cornel'
of Outlot R of said County Crossroads Center Addition;
thence easterly along tile easterly extensioll of the
north I ine of said Out lot B to the northeast line of
'3aid Lr)l 1 and said 1 ine ttlere terminating; ilnu lyiny
southerly of a line 66.00 feet northerly of an~ para lIe 1
with said ubove-described 1 ine.
This easement is granted for the pUT'Pose o-~ locClling. ins.talling,
;',aintainina arid constructing a PUblic street over, under alld across the abovo-
described property, Hithio sai( e-a5l!ment, Grantee shall have the r~ght to
construct. locate and operate <' public street, to acquire and remove all
structure:;, trees, shrubs, yrdss '_'ild herbage ~o Jlel' ob5trllctioTls interfering
with th,' locatioll, constructit; and maint; .nce of sa;~ public st,'eel.
;:urU ore, within Ull!; I!.'a:.;cmeo\o, Grantee Shi' 1,W(~ the rl~ht to ~rade, le....el,
. ill dlld excavatF? ~he easem~nt property to prevent the Jocationof
'J i ldings, trees, fences and other ~;tructur' J) [fIe ,easemr.nt area ,;,hich are
(I(;(;ns.istent with the construc.:tiOrl, milintelli, ,Iociltion und opero fon of a
:Ij!.l~ ic stre(~t.
This tempOCilr} street easement shall ten ,Ite upon the. colllple' 'DII of the
dr'll Street illlprOVCffil?lltS.
The .~bove Grantor, for itself, its succc~; ,.Irs and as:.igns, ;':0'1(" ,:wt5- witb
I
the City. tha~ it the owner of the easeme, .' area and has the sole right to
grant and Convey c ,; temporary easement to t '" City.
COUNTY CR' SSROADS CENTER LIMITED
PARTNERSH' '. ^ MINNESOTA llMITED
PARTNER Sf/' ". BY liEADWAY COIIPORAT/ON.
ITS GWER . PARTNER
By:
(
STATE OF MINNESOTA)
) sc.
COUNTY OF HENNEPIN)
The foregoing ir.$trument was acknowledged before this ~ d,y of April.
1990. by Murray Kornb';rg.the PreSident of Headway CorporatIon. ,j Minnesota
Corporation. the Gen'.oral Partner of County Crossroads. CenL:/" Limited
Part.nership. a Ninne.'.ta limited PartnershiP,on behalf of the limited
Par L"ersh i p.
~At~=.)
~~lC '_
. "@"""JOHNB.WIN:,TON
IllS ,11ENT DRAFfm By. r-.. NOW'YPUBLlC_M,""SOTA
~-" IlENNEPIN CC'!NTY
Hen" ", FlUegel. Siebe,:, Polk. M,eo"'"""""',....",.,,.....,...
Jone: laVerdiere. P.A. ,.,
999 W tview Drive
Hasti s, Minnesota 5503.1
Tele0 ne: (612) 437-3148
(SI1I1)
i
I
t............ :.'...... .... '. ""'-11
" . . ,
:;:.;( . ~
~'':,r