4.10. SR 11-21-2016
Request for Action
To Item Number
Mayor and City Council 4.10
Agenda Section Meeting Date Prepared by
ConsentNovember 21, 2016Zack Carlton, Planning Manager
Item Description Reviewed by
Establish a Trail Easement on Lot 1, Block 7, Michael Hecker, Parks and Recreation Director
Lafayette Woods
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, a trail easement in favor of the City of Elk River on Lot 1, Block 7, Lafayette
Woods (19496 Vernon Street NW).
Background/Discussion
The city was contacted by the property owners at 19496 Vernon Street NW regarding an existing city trail
that was constructed on their property. The title company, working with the property owner on
refinancing, noted that the existing trail was not covered by an easement and was not able to move
forward with the title work until the trail had been removed or an easement established. The city owns a
narrow parcel of land directly north of the subject property, which was the intended location for the trail.
Unfortunately the trail was not constructed on the correct alignment, creating the current situation.
The property owner has no concern with the trail’s location as they purchased their home knowing the
trail was in place. They agreed to provide an easement in favor of the city for the trail.
Due to a strict timeline for the property owners and their refinancing, staff moved forward with hiring a
local surveyor to prepare the legal descriptions necessary for the easement.
Financial Impact
Surveying costs related to the preparation of the easement description.
Attachments
Location Map
Aerial
Easement Document
As
14,
d v rFJf .F r
ll _
,.y, i� -� ,a � , a91 j� r ,_. 1 �.51° a 4• R
may,.-$" ���y .a °a • _ -
46,
0 a _
of
44%
_ s
� X.
Jait ^
_ �nf
i
L 21
{
.3
t
•
AO „
z
1
t- s
e
r ,,ems
-
Iry
i .
1p
4k
w
8
1 �
t �
.l
,p
GRANT OF EASEMENT
FOR
TRAIL PURPOSES
THIS GRANT OF EASEMENT FOR TRAIL PURPOSES is
made on this 21st day of November, 2016, by and between Nicholas S. & Melissa M.
Freitag, (hereinafter "Grantor"), to the CITY OF ELK RIVER, a Minnesota municipal
corporation, (hereinafter "Grantee").
RECITALS
Grantor is the owner in fee simple of real property in the County of Sherburne,
Minnesota, which is legally described on Exhibit A attached hereto (the Easement
Tract). Grantee desires to use a portion of the Subject Property for trail purposes.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantor:
1. Permanent Easement - Grantor hereby grants to Grantee, is successors and
assigns, a permanent easement (the Permanent Easement) for trail purposes over, under, upon
and across that portion of the Easement Tract legally described on Exhibit B. The Permanent
Easement shall permanently run with the title to the Easement Tract and shall inure to the
benefit of and be binding upon the parties hereto and their respective heirs, successors and
assigns, including, but without limitation all subsequent owners of the Easement Tract and all
persons claiming under them.
2. Use of Easement Tract - Grantor hereby agrees that it will not perform or
allow or cause the construction of any improvements on the Permanent Easement which
could damage or obstruct the Permanent Easement or interfere with Grantee's access to or
Grantee's right to construct, maintain and repair the trail on the Permanent Easement.
3. Warranty of Title - Grantor represents and warrants to Grantee that it is the
only owner of fee simple title to the Easement Tract, and that there are no undisclosed
mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or any other
encumbrances or verbal or written agreement of any nature whatsoever affecting title to the
Easement Tract, except as noted on attached exhibit C. Grantor, on behalf of itself, its
successors, and assigns, hereby indemnifies and holds harmless Grantee against and from any
and all claims for loss, damage, or expenses which may be incurred or asserted by Grantor or
any party whose consent is required to be obtained hereunder, in connection with this Grant
of Easement for Trail Purposes or Grantee's use of the Permanent Easement pursuant to this
Grant of Easement for Trail Purposes.
4. Governing Law - This Grant of Easement for Trail Purposes shall be
construed and governed by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement
for Trail Purposes on the above date.
N:\Public Bodies\Agenda Packets\11-21-2016\Final\x4.10 at3 Trail Easement document.doc Page 2
GRANTEE,
CITY OF ELK RIVER
By:
John J Dietz
Its: Mayor
By:
Tina Allard
Its: City Clerk
GRANTOR:
By:
Nicholas S. Freitag
By:
Melissa M. Freitag
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
This instrument was acknowledged before me this 21st day of November, 2016, by
John J. Dietz and Tina Allard, the Mayor and the City Clerk, respectively of the City
of Elle River, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF
This instrument was acknowledged before me this day of
2012, by
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
The City of Elk River
N:\Public Bodies\Agenda Packets\11-21-2016\Final\x4.10 at3 Trail Easement document.doc Page 3
EXHIBIT A
Legal Description of Property:
Lot 1, Block 7, Lafayette Woods, Sherburne County, Minnesota
N:\Public Bodies\Agenda Packets\11-21-2016\Final\x4.10 at3 Trail Easement document.doc Page 4
EXHIBIT B
Legal Description of Easements
Easement Exhibit for: CITY OF ELK RIVER
Lot 1, Block 7 Sob # 7024.10-117 Book/Page: 271/42
Seale: 1"'=60' Date: 11/16/2016
LAFAYETTE WOODS
o_ \
)t _
- Drainage and
�'a8 �
�� iy
\ �cRNacK 16os Utility Easement- �I 111
o. %'`aN6y _ E r7
Drainage \
Easement
oil —PROPOSED TRAIL
EASEMENT
X65\3
Ff �
q ZO a
n �o`
9Z T
Proposed Easement Description:
An easement for Public Trail purposes across that part of Lot 1, Block 7, LAFAYETTE WOODS,
Sherburne County, Minnesota described as a strip of land 20.00 feet in width, the centerline
of which is described as follows: Commencing at the Northwest corner of said Lot 1;
thence South 24 degrees 03 minutes 33 seconds East, plat bearing along the westerly line
of said Lot 1, a distance of 45.45 feet to the Point of Beginning of the centerline to be
described; thence North 42 degrees 10 minutes 36 seconds East a distance of 51.59 feet;
thence North 50 degrees 15 minutes 18 seconds East a distance of 47.99 feet; thence North
55 degrees 56 minutes 33 seconds East a distance of 52.02 feet; thence North 59 degrees
11 minutes 49 seconds East a distance of 42.40 feet to a point on the northerly line of
said Lot 1 distant 186.77 feet easterly of said Northwest corner of said Lot 1 and there
terminating. Said strip of land is to extend by its full width from said westerly line of Lot
1 to said northerly line of Lot 1.
I hereby certify that this survey, plan, or report was prepared by me or under
my direct supervision and that I am a duly Licensed Land Surveyor under the
laws of the state of Minnesota.
Oliver Surveying & Engineering
j�, e• Oliver Surveying&Engineering, Inc.
By: an P. Caswell, LS
License No. 13057 Land&&eying-Owl Engineerwg•Land Plannmg
11�15�2016 580 Dodge Ave.Elk Riw,AIN 55330.763.441.2072•fae.763.441.5665
www.olimr-se.eom
N:\Public Bodies\Agenda Packets\11-21-2016\Final\x4.10 at3 Trail Easement document.doc Page 5
EXHIBIT C
CONSENT OF MORTGAGEE
, a
Mortgagee, against the Easement Tract described in
Exhibit A. Mortgagee hereby consents to and subordinates its interest in said property to the
foregoing Grant of Easement for Trail Purposes dated 1 , by and
between and the City of Elle River, a
Minnesota municipal corporation.
By:
Its:
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
by the
of a
corporation.
Notary Public
N:\Public Bodies\Agenda Packets\11-21-2016\Final\x4.10 at3 Trail Easement document.doc Page 6
Easement Exhibit ryfor: CITY OF ELK RIVER
Lot 1, Block / Job # 7024.10-117 Book/Page: 271/42
Scale: 1"=60' Date: 11/16/2016
LAFAYETTE WOODS
� 1
N � ba
I OS \
L
s
sir o�-
�0
/-` "5�a• ��i "Drainage and
'F Utility Easementl ,% t1\
335 °'no E r 7j
0-3 \ I�'�oPF P�NOR��,�o,��.�NgS� IN
i
Drainage i
O �;'yoe Easementok-
¢ -f" 'r/ i // `,PROPOSED TRAIL
EASEMENT
0, N6
F� F
�O <f�
C> m<a
,C \
Proposed Easement Description:
An easement for Public Trail purposes across that part of Lot 1, Block 7, LAFAYETTE WOODS,
Sherburne County, Minnesota described as a strip of land 20.00 feet in width, the centerline
of which is described as follows: Commencing at the Northwest corner of said Lot 1;
thence South 24 degrees 03 minutes 33 seconds East, plat bearing along the westerly line
of said Lot 1, a distance of 45.45 feet to the Point of Beginning of the centerline to be
described; thence North 42 degrees 10 minutes 36 seconds East a distance of 51.59 feet;
thence North 50 degrees 15 minutes 18 seconds East a distance of 47.99 feet; thence North
55 degrees 56 minutes 33 seconds East a distance of 52.02 feet; thence North 59 degrees
11 minutes 49 seconds East a distance of 42.40 feet to a point on the northerly line of
said Lot 1 distant 186.77 feet easterly of said Northwest corner of said Lot 1 and there
terminating. Said strip of land is to extend by its full width from said westerly line of Lot
1 to said northerly line of Lot 1.
I hereby certify that this survey, plan, or report was prepared by me or under
my direct supervision and that I am a duly Licensed Land Surveyor under the
laws of the state of Minnesota.
Oliver Surveying & Engineering
Oliver Surveying &Engineering, Inc.
By: an P. Caswell, LS
LiLicense No. 13057 Land Surveying•Civil Engineering•Land Planning
Li
11/15/2016 nseNo 580 Dodge Ave. Elk River, MN 55330.763.441.2072•,fae.763.441.5665
www.oliver-se.eom