VII.2. Approval of Public Trailway Perpetual Easement and Permanent Irrevocable Permit, and Temporary Construction Easement with Three Rivers Park District; Klingbeil CITY OF HOPKINS
City Council Report 2025-042
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Eric Klingbeil, City Engineer
Date: March 18, 2025
Subject: Three Rivers Park District - Public Trailway Perpetual Easement and
Permanent Irrevocable Permit, and Temporary Construction Easement
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Authorize Mayor and City Manager to approve Public Trailway Perpetual
Easement and Permanent Irrevocable Permit, and Temporary Construction Easement
with Three Rivers Park District.
OVERVIEW
At the September 10, 2024 City Council Meeting, the 11th Avenue Corridor Study was
presented. Part of this corridor study analyzed the portion of 11th Avenue South from 1st
Street South to 5th Street South, and 5th Street South to Landmark Trail. While the
portion of 11th Avenue South between 1st Street South and 5th Street South was
identified as a segment that is providing for the needs of the corridor, 5th Street South to
Landmark Trail identified as a candidate for a “road diet” as a mechanism for reducing
traffic speeds and increasing pedestrian facilities.
City staff has worked with Three Rivers Park District (the District) to design
improvements to the existing Nine Mile Creek Trail in the corridor to fit within the
corridor study results. The District is proposing to reconstruct the existing trail from 7th
Avenue South to Excelsior Boulevard, and as part of that reconstruction performing a
road diet on 11th Avenue South from the railroad bridge near 5th Street South to 11th
Avenue South. The roadway will be narrowed to 3 lanes, down from the current 4 lane
configuration.
Since this improved trail is being constructed within City Right-of-Way and City owned
parcels, but will be owned and maintained by the District, the District desired to have a
mechanism to preserve and allow for continued use and existence of the trail.
A Trailway Easement with Limited Use Permit (LUP) Provisions has been
developed to serve this function for portions of the trail within City owned Parcels
and right-of-way.
A Temporary Construction Easement has been developed to address the
temporary grading and restoration activities within City owned parcels necessary
for trail construction.
Engineering Department
All construction and future maintenance costs are being funded by the District.
SUPPORTING INFORMATION
Temporary Construction Easement
Public Trailway Perpetual Easement and Permanent Irrevocable Permit
Trail Easement with LUP Provision 1
PUBLIC TRAILWAY PERPETUAL EASEMENT AND
PERMANENT IRREVOCABLE PERMIT
This Public Trailway Easement (“Easement”) and Permanent Irrevocable Permit (“Permit”),
made this ______ day of ________, 2025 by the City of Hopkins, a Minnesota municipal
corporation (“Grantor”) to Three Rivers Park District, a political subdivision of the State of
Minnesota, Hennepin County, Minnesota (“Grantee”).
RECITALS
WHEREAS, Grantor and Grantee entered into a Trailway Cooperative Agreement
(“Agreement”) for Nine Mile Creek Regional Trail (“Trail”) dated as of March 5, 2012; and
WHEREAS, pursuant to the Agreement, Grantor agreed to convey to Grantee an
Easement and/or Permit as further described herein and Grantee agreed to accept the
Easement and/or Permit according to the terms and conditions contained herein; and
WHEREAS, Grantor is the fee owner of certain real property in Hennepin County,
Minnesota, legally described on the attached Exhibit A (“Easement Area”); and
WHEREAS, Grantor is not the fee owner, but has legal authority to construct, maintain
and operate sidewalks, trails, and other such publicways and permit within the area legally
described on the attached Exhibit B (“Permit Area”); and
WHEREAS, said Easement provided by the Grantor does not convey ownership of
lands within the Easement and Permit Areas to the Grantee.
NOW THEREFORE, in consideration of mutual covenants contained within the
Agreement referenced above, and other good and valuable consideration, the sufficiency of
which is hereby acknowledged, the Grantor agrees to as follows:
TERMS OF PERPETUAL EASEMENT AND PERMANENT IRREVOCABLE PERMIT
1.) Grant of Easement. Grantor grants and conveys to the Grantee the Easement legally
described and depicted on the attached Exhibit A. The Easement shall be perpetual, shall
run with the land, shall be binding upon Grantor and its successors and assigns and shall
be for the benefit of Grantee and its successors and assigns. The Easement shall be non-
exclusive; provided, however, this Easement shall be prior to and superior to any other
easement hereinafter granted. Any future easement shall be subject to and subordinate
to, and shall not interfere with, the Easement without the consent, in writing, of Grantee.
2.) Grant of Permit. Grantor grants and conveys to the Grantee the permanent, irrevocable
Permit legally described and depicted on the attached Exhibit B. In accordance with the
Agreement, the Grantor may substitute a Permit for an Easement only where the Grantor
currently does not own property rights sufficient to convey an Easement. The Permit shall
be permanent, shall be binding upon Grantor and its successors and assigns and shall be
for the benefit of Grantee and its successors and assigns. The Permit shall be non-
exclusive; provided, however, this Permit shall be prior to and superior to any other
permitted use of the Permitted Area, hereinafter granted. Any future permit shall be
subject to and subordinate to, and shall not interfere with, the Permit without the consent,
in writing, of Grantee.
Trail Easement with LUP Provision 2
3.) Scope of Easement and Permit. The perpetual non-exclusive Easement and Permit
granted herein includes the right of the Grantee, its contractors, agents, and employees
to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within
the described Easement and Permits Areas any of the following facilities and amenities:
public sidewalk or trail, trail signage, informational kiosks, benches, bicycle repair stations,
bike racks, fences, trail bridges/tunnels, and any other trail related structure.
4.) Obstructions. Grantee shall at all times have the right to keep the Easement Area and
Permit Area clear of all buildings, structures, fences, trees, shrubbery, undergrowth,
roots and other obstructions that may interfere with or endanger usage of the Trail.
5.) Trail Use and Purposes. This Easement and Permit is for public trailway purposes only.
The Trail shall be open to the general public, and be used exclusively for outdoor recreation
and commuting, including but not limited to walking, jogging, skating, biking, and uses
allowed under State and Federal law including, but not limited to, other personal driven
mobility devices (OPDMD’s) and electric personal assistive devices. In addition, motor
vehicles used for maintenance, law enforcement or other public uses will be permitted
within the Easement and Permit Areas.
6.) Loss of Property Rights. Grantor warrants that it will defend and indemnify Grantee
against any loss, expense, or interruption to the contiguity of the Trail, and further shall,
at its own expense, take all necessary action, including, but not limited to, the use of
eminent domain to secure a continuous and contiguous trail corridor. These obligations of
Grantor may be specifically enforced by Grantee and further all costs of such enforcement,
including reasonable attorney’s fees, shall be paid by Grantor.
7.) Property Rights and Execution Authority. The Grantor warrants that it 1) owns good and
marketable title to the Easement Area, 2) has legal rights to construct, maintain and
operate sidewalks, trails and other such publicways within the Permit Area, 3) has the
right, title and capacity to convey the Easement and Permit to Grantee, and 4) that the
undersigned is authorized to execute this Easement and Permit.
8.) Environmental Matters. Grantor shall provide Grantee written documentation of any and
all previously and/or currently present hazardous materials, pollutants, or other
contaminants within the Easement and Permit Areas known to the Grantor. Grantee shall
not be responsible for any costs, expenses, damages, obligations, including penalties and
reasonable attorney’s fees, or losses resulting from any claims, actions, suits or
proceedings based upon the release or threat of release of any hazardous substances,
pollutants, or contaminants which may have existed on, or which relate to, the Easement
and Permit Areas prior to the date of this instrument.
Trail Easement with LUP Provision 3
In witness whereof, the said parties have caused this instrument to be executed on the
date and year first written above.
HOPKINS
__________________________
Its Mayor
__________________________
Its City Manager
State of Minnesota )
) S.S.
County of Hennepin )
The foregoing instrument was acknowledged before me this _____ day of _____________,
20__, by _______________________ and __________________________, the Mayor and
City Manager, respectively of the City of Hopkins, a Minnesota municipal corporation,
Grantor.
____________________________
Notary Public
Notary Stamp or Seal
This instrument drafted by:
Eric Quiring
Three Rivers Park District
3000 Xenium Lane North
Plymouth, MN 55441
Trail Easement with LUP Provision 4
EXHIBIT A
PUBLIC TRAILWAY EASEMENT
LEGAL DESCRIPTION
PERPETUAL TRAILWAY EASEMENT BOUNDED BY THE AREA DESCRIBED BELOW; OVER,
UNDER, AND ACROSS LOTS 13-21, BLOCK 58, "WEST MINNEAPOLIS", ACCORDING TO THE
RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA.
SAID PERMANENT EASEMENT BEING DESCRIBED AS:
THE WEST 25.00' OF LOTS 14-19, BLOCK 58, "WEST MINNEAPOLIS", HENNEPIN COUNTY,
MINNESOTA
ALSO
THE WEST 16.00' OF LOT 13 AND LOT 20, BLOCK 58, "WEST MINNEAPOLIS", HENNEPIN
COUNTY, MINNESOTA
ALSO
THE WEST 2.00' OF THE SOUTH 25.00' OF LOT 21, BLOCK 58, "WEST MINNEAPOLIS",
HENNEPIN COUNTY, MINNESOTA
Trail Easement with LUP Provision 5
EXHIBIT B
PUBLIC TRAILWAY PERMIT
LEGAL DESCRIPTION
The Use Area:
Area described as being full width of trail constructed under Three Rivers Park District project TWM 2401, and 3'off edge of trail,
as space allows.
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (“Easement”), made this ______ day of
________, 2025 by the City of Hopkins, a Minnesota municipal corporation (“Grantor”) to
Three Rivers Park District, a political subdivision of the State of Minnesota, Hennepin County,
Minnesota (“Grantee”).
RECITALS
WHEREAS, Grantor is the fee owner of certain real property in Hennepin County,
Minnesota, legally described on the attached Exhibit A (“Easement Area”); and
WHEREAS, Grantor desires to grant to Grantee a temporary construction easement
on the Easement Area as depicted on Exhibit A according to the terms and conditions
contained herein.
NOW THEREFORE, in consideration of mutual covenants contained within the
Agreement referenced above, and other good and valuable consideration, the sufficiency of
which is hereby acknowledged, the Grantor agrees to as follows:
TERMS OF EASEMENT
1.) Grant of Easement. Grantor grants and conveys to the Grantee a temporary construction
easement for construction purposes, legally described and depicted on the attached
Exhibit A.
2.) Scope of Easement. The non-exclusive Easement granted herein includes the right of the
Grantee, its contractors, agents, and employees to enter the described Easement Area at
all reasonable times for the purposes of construction, grading, sloping, and restoration
purposes, and all purposes ancillary thereto, together with the right to remove trees,
shrubs, or other vegetation in the Easement Area, to move and remove equipment, and
to perform any other work necessary and incident to the construction of the Nine Mile
Creek Regional Trail.
3.) Property Rights and Execution Authority. The Grantor warrants that it is the owner of the
Easement Area and it has the right, title, and capacity to convey to Grantee the Easement
herein.
4.) Duration. This Easement and the rights granted hereunder shall commence on May 1,
2025 and expire on July 1, 2026. Upon expiration of this Easement, Grantee shall remove
any equipment and shall restore the Easement Area to be consistent with the turf
establishment plans for the project.
5.) Binding Effect. The terms and conditions of this instrument shall run with the land and be
binding on the Grantor, its successors and assigns.
6.) Assignment. Grantor consents to the assignment of this Easement to another public
entity.
In witness whereof, the said parties have caused this instrument to be executed on the
date and year first written above.
HOPKINS
__________________________
Its Mayor
__________________________
Its City Manager
State of Minnesota )
) S.S.
County of Hennepin )
The foregoing instrument was acknowledged before me this _____ day of _____________,
20__, by _______________________ and __________________________, the Mayor and
City Manager, respectively of the City of Hopkins, a Minnesota municipal corporation,
Grantor.
____________________________
Notary Public
Notary Stamp or Seal
This instrument drafted by:
Eric Quiring
Three Rivers Park District
3000 Xenium Lane North
Plymouth, MN 55441
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
Lot 013Lot 014Lot 015Lot 016Lot 017Lot 018Lot 019Lot 020Lot 02158WEST MINNEAPOLISC:\Users\102385\Three Rivers Parks\Design - Department Documents\PROJECTS\Regional Trails\TNM 2401 Hopkins 11th Ave Trail Replacement\BDesign\ROW_Easements\From Stantec\NS_Easement.dwg Printed: 10/14/2024 1:41 PM
Hopkins 11th Ave Trail Replacement
Nine Mile Creek Regional Trail
Scale:1" = 40'
Date:10/14/2024
Drawn by:N. Straka
32'7'0204080THE FOLLOWING IS A DESCRIPTION OF A TEMPORARY CONSTRUCTION AND GRADE ALTERATION EASEMENT BOUNDED BYTHE AREA DESCRIBED BELOW; OVER, UNDER, AND ACROSS LOTS 14-19, BLOCK 58, "WEST MINNEAPOLIS",ACCORDING TOTHE RECORDED PLAT THEREOF, HENNEPIN COUNTY, MINNESOTA.SAID TEMPORARY EASEMENT BEING DESCRIBED AS:THE EAST 7.00' OF THE WEST 32.00' OF LOTS 14-19, BLOCK 58, HENNEPIN COUNTY, MINNESOTA.1-TEMPORARY CONSTRUCTION AND GRADE ALTERATION EASEMENT11th AVENUE7TH STREET SOUTHEX. ROW LINE, TYP.PROPOSED TRAILAREA OF TEMPORARYEASEMENT