HomeMy WebLinkAbout20090615 - VI-10Memo
To: Mayor Hicks and City Council Members
From: John Hinzman, Planning Director
Date: June 15, 2009
Subject: Accept Drainage and Utility Easement: 1St Street between Grove and
River (Karpen)
REQUEST
The City Council is asked to accept the attached drainage and utility easement over
vacated 1St street between Grove and River. The City Council vacated the 33' right-of-
way in February, 2007 at the request of Tecla Karpen. Ms. Karpen owns property on
both sides of the right-of-way and seeks to combine the properties as part of a
conservation easement with Dakota County's Farmland and Natural Areas Program.
Dedication of the drainage and utility easement was a condition of vacation approval.
ATTACHMENTS
Drainage and Utility Easement
Location Map
DECLARATION OF PERMANENT UTILITY AND DRAINAGE EASEMENT
Tecla R Karpen, a single person (hereinafter "Urantor"), being the owner of the following described real property.
located in the City of Hastings, Dakota Counta. Minnesota. to ~yit
That part of the ~-acated First Street Right-of-Wad- being 33 feet ~yide and located bet<yeen Urove
Street and River Street, and lying directly north of and adjacent to Bloch 2, all in Addition No. 13 to
the Cin~ of Hastings, Dakota Counfi, Minnesota (hereinafter "the Easement TracY'):
for good and other valuable consideration, the sufficiency of ~yhich is acknowledged. does hereb~~ grant, transfer and
conve~% to the Cin- of Hastings, a Minnesota Municipal Corporation, (hereinafter "Urantee") a permanent utilitti- and
drainage easement over, under and across the Easement Tract This easement is granted for the purposes of location,
constrnction, installation and maintenance of utilin~ lines and a drainage s~~stem o~°er, under and across the Easement
Tract. Within said easement Urantee shall have the right to constrnct, maintain. locate and operate said utilin~ and
drainage systems: to acquire and remove all dirt, vegetation. stn~ctures. trees. shrnbs. grass and herbage, if any located
thereon: to slope and fill the same. to maintain the slope of same, to prevent the filling and grading of the slope: and to do
all additional things incident and necessan' to alloy the aforementioned location. conshlaction, installation and
maintenance and to keep and have elclusive control thereof (elcept Urantor. her successors, heirs and assigns may make
use of the propertti- to the eltent not inconsistent herewith). Urantor warrants that there are no other persons having an
interest in said propertti~. other than Urantor, and that Urantor has good right, title and interest in the subject premises to
grant tlus easement.
Dated this day of , ?009.
Tecla R. Karpen
STATE OF MINNESOTA )
SS.
COUNTY OF DAKOTA )
The foregoing instrument was ach~iowledged before me this day of .2009, by Tecla
R. Karpen, a single person.
THLS IN.STR UMENT WAS DRAFTED BY:
Fluegel Lary Firm P.A.
1303 South Frontage Road. Suite ~
Hastings, Minnesota »033
(61)438-9777
(DAF )
NOTARY PUBLIC
c
o,:
~.
U
~ z o J
d d N
d~
~ d N
//~ ~ T
L W
a' ~ e ~ °~ °~ ~`
Q ~ ~.` = N M U ~ N c - ~ N M M Y Y ~ = O Q G)
Z ._ C ~ m ¢ c5 c5 c5 ~ o _ _ o d ~ ~ ~ ~ ~ ~ ~ ~a ~ 3 ~ ~
O v m ~ -
~~ JI X00 110010000000 000
~~
~ ~ River Street
a~
,% O N
/ ~ U
O ~
~ ~
O_ ~
~ O
~ ~
~ ~aaa~s anoa ~
a~
a~