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FLUEGEL & M4YNIHAN P.A.
Attorneys At Law
Donald J. Fluegel * 1303 South Frontage Road, Suite 5
Shawn M. Moynihan Hastings, MN 55033-2477
Daniel J. Fluegel
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To: Mayor Hicks and City Council Members
From: Shawn M. Moynihan ~5~~'I'~
Date: December 27, 2006
Telephone 651-438-9777
Fax 651-438-9775
Subject: Vacation of Pedestrian Trail, Drainage and Utility Easement -Country Club
The City Council is being asked to approve the vacation of the existing Pedestrian Trail, Drainage
and Utility Easement that was given to the City by the Hastings Country Club in 2002. A little over
a year ago when the Country Club was refinancing, it was brought to their attention that the actual
Pedestrian Trail is not located totally within the easement that was given to the City. There is a
portion of the trail which was constructed outside of the easement.
In order to correct this problem, the City has had a new legal description prepared which will reflect
the current location of the trail. The Country Club has indicated it would convey to the City a new
Pedestrian Trail, Drainage and Utility Easement with the correct legal description.
The City Council is being asked to vacate the existing Pedestrian Trail, Drainage and Utility
Easement with the understanding that the vacation will become effective once the Country Club
grants the City a replacement easement.
if you have any questions, please contact me.
SMM/ham
* Also admitted to practice in Wisconsin