CR 06-074 Granting of Temporary & Permanent Easement
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C\TY OF
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NOPKINS
June 19, 2006
Council Report 2006-074
Granting of Temporary and Permanent Easements
Proposed Action
Staff recommends adoption of the following motion: Move that Council adopt
Resolution 2006-47. Resolution Granting Temporarv and Permanent Easements to the
City of Minnetonka.
Overview
The City of Minnetonka is constructing a trail along the west side of Hopkins Crossroad
from Minnetonka Boulevard to Cedar Lake Road. The improvements include an 8-foot
bituminous trail and a pedestrian bridge over Minnehaha Creek. The trail will be
incorporated into new Hopkins Crossroad bridge over the railroad tracks.
In order to construct and maintain the trail, Minnetonka needs a 70-foot wide temporary
easement and a 10- foot to 20- foot wide permanent easement. The easement is located on
the City's brush drop off site on Hopkins Crossroad north of Minnetonka Boulevard. The
easements are adjacent to the roadway and will not impact our use of the site.
Supporting: Information
. Easement Documents
. Resolution 2006-47
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Jpl}ry'R. Bradford, P .E.
~ssistant City Engineer
Financial Impact: i..Q Budgeted: Y/N N/A Source:
Related Documents (CIP, ERP, etc.): Notes:
..
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City of Minnetonka
Box 711
TEMPORARY EASEMENT
KNOW ALL by these Presents, that the Grantor CITY OF HOPKINS, a
Minnesota municipal corporation of Hennepin County, and State of Minnesota,
for valuable consideration, receipt of which is hereby acknowledged, does hereby
Convey and Quitclaim to the CITY OF MINNETONKA, a Minnesota Municipal
corporation, of Hennepin County, State of Minnesota, as Grantee, the Real
Estate, situate in the County of Hennepin, State of Minnesota, described as
follows, to-wit:
A temporary easement for construction purposes over, under and across
that part of said Tract C, Registered Land Survey No. 291, Hennepin
County, Minnesota.
Said easement being 70.00 feet to the left of and coincident with the
following described line:
Commencing at the northwest corner of Tract A, said Registered
Land Survey No. 291; thence northeasterly along the north line of
said Tract A, a distance of 109.87 feet to the west right-of-way line
of Hennepin County Highway No. 73, Plat 73, according to the
recorded plat thereof, distant 40.00 feet west from the east line of
the Northeast Quarter of Section 14, Township 117, Range 22;
thence northerly along said west right-of-way line 337.00 feet to the
point of beginning of the line to be described; thence continuing
northerly along said west right-of-way line 693.00 feet more or less
to the southerly right-of-way line of the Burlington Northern
Railroad, and said line there terminating.
Said temporary easement shall terminate in all respects on November 15,
2007.
All according to Exhibit "A", attached hereto and made a part hereof.
TEMPORARY EASEMENT
CITY OF HOPKINS
STATE DEED TAX DUE HEREON:
Page 2 of 2
NONE
Dated at Minnetonka, Minnesota this
day of
,20_
CITY OF HOPKINS
By
Eugene Maxwell
Its MAYOR
And by
Rick Getschow
Its: CITY MANAGER
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 20 by Euaene Maxwell, the Mayor and by Rick
Getschow, the City Manager for the City of Hopkins, a Minnesota municipal
corporation on behalf of the municipal corporation.
NOTARY STAMP OR SEAL
(Signature of Notary Public)
NOTARY PUBLIC
My Commission Expires:
ACCEPTANCE BY CITY OF MINNETONKA:
The foregoing instrument is hereby accepted by the City of Minnetonka
this day of , 20
By:
John Gunyou
Its: City Manaaer
THIS INSTRUMENT WAS DRAFTED BY:
CITY ATTORNEY
CITY OF MINNETONKA
14600 MINNETONKA BLVD
MINNETONKA MN 55345
Engineering Project No. 4653 Parcel No. 01
Torrens Title No. 642116 PID No. 14-117-22-21-0007
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I11III PROPOSED TEMPORARY EASEMENT
NORTH
SCALE: I" = 300'
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EXHIBIT "A"
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City of Minnetonka
Box 711
QUIT CLAIM DEED - EASEMENT
KNOW ALL by these Presents, that the Grantor CITY OF HOPKINS, a
Minnesota municipal corporation of Hennepin County, and State of Minnesota,
for valuable consideration, receipt of which is hereby acknowledged, does hereby
Convey and Quitclaim to the CITY OF MINNETONKA, a Minnesota Municipal
corporation, of Hennepin County, State of Minnesota, as Grantee, the Real
Estate, situate in the County of Hennepin, State of Minnesota, described as
follows, to-wit:
A permanent easement for trail purposes over, under and across that part
of Tract C, Registered Land Survey No. 291, Hennepin County,
Minnesota.
Said easement being 10.00 feet to the left of and coincident with the
following described line:
Commencing at the northwest corner of Tract A, said Registered
Land Survey No. 291; thence northeasterly along the north line of
said Tract A, a distance of 109.87 feet to the west right-of-way line
of Hennepin County Highway No. 73, Plat 73, according to the
recorded plat thereof, distant 40.00 feet west from the east line of
the Northeast Quarter of Section 14, Township 117, Range 22;
thence northerly along said west right-of-way line 362.00 feet to the
point of beginning of the line to be described; thence continuing
northerly along said west right-of-way line 236.00 feet and said line
there terminating.
Together with a permanent easement for trail purposes over, under and
across the first above described property.
Said easement being 20.00 feet to the left of and coincident with the
following described line:
QUIT CLAIM DEED - EASEMENT
CITY OF HOPKINS
Page 2 of 3
Beginning at the terminus of the above described line; thence
continuing northerly along said west right-of-way line 235.00 feet
and said line there terminating.
Together with a permanent easement for trail purposes over, under and
across the first above described property.
Said easement being 10.00 feet to the left of and coincident with the
following described line:
Beginning at the terminus of the above described line; thence
continuing northerly along said west right-of-way line 197 feet more
or less to the southerly right-of-way line of the Burlington Northern
Railroad, and said line there terminating.
All according to Exhibit "A", attached hereto and made a part hereof.
STATE DEED TAX DUE HEREON:
NONE
Dated at Minnetonka, Minnesota this
day of
,20_
CITY OF HOPKINS
By
Eugene Maxwell
Its MAYOR
And by
Rick Getschow
Its: CITY MANAGER
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 20 by Euqene Maxwell, the Mayor and by Rick
Getschow, the City Manager for the City of Hopkins, a Minnesota municipal
corporation on behalf of the municipal corporation.
(Signature of Notary Public)
NOTARY PUBLIC
My Commission Expires:
NOTARY STAMP OR SEAL
QUIT CLAIM DEED - EASEMENT
CITY OF HOPKINS
Page 3 of 3
ACCEPTANCE BY CITY OF MINNETONKA:
The foregoing instrument is hereby accepted by the City of Minnetonka
this day of , 20
By:
John Gunyou
Its: City ManaQer
THIS INSTRUMENT WAS DRAFTED BY:
CITY ATTORNEY
CITY OF MINNETONKA
14600 MINNETONKA BLVD
MINNETONKA MN 55345
Engineering Project No. 4653 Parcel No. 01
Torrens Title No. 642116 PID No. 14-117-22-21-0007
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SCALE: III = 300'
EXHIBIT "A"
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 2006-47
RESOLUTION FOR GRANTING OF EASEMENTS
TO CITY OF MINNETONKA FOR TRAIL
BE IT RESOLVED, by the City Council of the City of Hopkins, Minnesota that the
temporary and permanent easement documents attached to Council Report 2006-074 are
accepted and the Mayor and City Manager are hereby authorized and directed to execute
the documents.
Adopted by the City Council of the City of Hopkins this 19th day of June 2006.
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk