CR 92-187 Easement Agreement - ISAAK
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. September 9, 1992 P K \ Council Report: 92-187
EASEMENT AGREEMENT - ISAAK
Proposed Action.
Staff recommends adoption of the following motion: Move to authorize
the Mayor and city Manager to execute an easement agreement with Pat
and Vernon Isaak for the use of City property located at the
southwest corner of Cambridge street and Hiawatha Avenue.
Approval of this motion will address an encumbrance on the property
which the City recently acquired from Mark Z. Jones.
. overview..
During the time the city was discussing with Mark Z. Jones the issue
of acquiring 1.5 acres of property at Cambridge street and Hiawatha
Avenue, Pat and Vernon Isaak brought to the City's attention that a
small storage shed and a portion of their driveway encroached on the
property. The Isaaks indicated that if the City acquired the
property they would desire some type of an easement to allow for
their continued use of the property. The city generally indicated to
. Isaaks that we would attempt to work out some type of an arrangement
with them.
The City acquired the property from Mark Z. Jones in June of 1992 and
recently approved a registered land survey/waiver of plat which
completed matters pertaining to the conveyance of the site. One last
matter that remains to be resolved pertains to the easement to the
Isaaks. Staff has prepared the necessary easement document and has
submitted it to the Isaaks for their review and approval. At the
time of writing this report the Isaaks had just received and were
reviewing the easement document.
Primary Issues to consider.
o What are the specifics of the easement?
Suoportinq Documents.
o
o
o
o location
.
Director .
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CR: 92":'187
Page 2
. Primary Issues to Consider
0 What are the specifics of the easement?
The document as drafted provides a perpetual easement to Pat and
Vernon Isaak, and their SUccessors and ass igns, for the.' use of 820
square feet of City property. The easement area is triangular in
shape and is illustrated on the attached drawing.
The easement is proposed to be provided to the Isaaks at no cost and
is intended to allow the Isaaks to Use the property in its current
situation. The Isaaks will be allowed to undertake maintenance
improvements to the driveway and storage shed on the property.
However, the Isaaks will not be allowed to expand the use of the
property OVer what currently exists without the express written
consent of the City. Although not stated in the easement, it should
be understood that any construction which the Isaakspropose to
undertake on their lot must follow the set-back rules from the Isaaks
property line, not the westerly easement line.
Alternatives.
0 Approve the motion as
. 0 Approve the motion as recommended.by staff but
easement to contain different provisions. Depending on the
changes, the Isaaks may or may not agree with the. new terms.
0 Deny granting an easement to the Isaaks.
0 Table this matter for further information.
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EASEMENT AGREEMENT
.
is into this _day of
September, 1992; by and between the City of Hopkins, a municipal
corpora tion (" City") and Vernon Isaak and Patricia Isaak (" Isaak" ) .
A. City is the owner in fee simple of certain real property
located in Hennepin County, Minnesota, legally described as
follows:
Tract B, Registered Land.Survey Number
the Registrar of Titles, Hennepin County, Minnesota.
Isaak .are the owners in
property located in Hennepin County,
as follows:
Block 1, Minnehaha Oaks.
City agrees to grant a certain
on the terms of this Agreement.
FOR
1. City hereby grants
. maintain, repair and
across the following part
That part of Tract B,
described as follows:
Commencing at the southeast corner of said Tract B; thence
west, on an assumed bearing along the south line of said
Tract B a distancne of 18.96 feet; thence north 12-degrees
22 minutes 11 seconds east a distance of 88.5 feet to the
east line of said Tract B; thence south along said east
line a distance of 86.49 feet to the point of beginning.
together with the right of reasonable access
easement to exerci~e the rights herein granted.
2. Bene!! t . The rights and obligations under thi s Agreement
shall be appurtenant to the land and shall be binding upon and
inure to the benefit of the parties, their respective heirs,
repreSentatives, successors and assigns. Upon any transfer of
either Lot, the rights and obligations accruing after the transfer
shall pass to the new owner of the Lot~
3. The use herein granted shall
nor shall the shed or driveway be
It extension without the express written consent of
limitation shall not prevent reasonable repair and
said uses.
.........
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. 4. Authority. City warrants to Isaak that it is authorized
to enter into this Agreement and it owns Tract B free and clear of
all mortgages or encumbrances except as provided in Exhibit A. .
", ,,' , " , .
5. Entire Agreement. contains the entire
agreement between the parties concerning the subject matter hereof
and may be modified only by a writing signed by all parties.
By signing 'below, the parties
City of Hopkins .
By
STATE OF MINNESOTA
The 'foregoing instrument was acknowledged before me this
day of September, 1992, by Vernon Isaak and Patricia Isaak.
)
)SS
)
foregoing instrument was acknowledged bef~re me this
September, 1992, by
, of the City of Hopkins, a
on behalf of the corporation.
THIS 'INSTRUMENT WAS DRAFTED BY:
Vesely, Miller & Steiner
400 Norwest Bank Building
1011 First Street South
Hopkins, Minnesota 55343
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