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HomeMy WebLinkAbout5.C.2. Authorize Signing Amendment to Trail and Access/Trail Easement Documents for the Glacier Estates AdditionTO: Mayor & City Council Mark McNeill, City Administrator FROM: Joe Swentek, Project Engineer SUBJECT: Authorize the Appropriate City Officials to Sign Amendment to Trail and Access/Trail Easement Documents for the Glacier Estates Addition DATE: January 18, 2011 INTRODUCTION: Engineering has been working with Gonyea Land Company as they broker a deal with K. Hovnanian Homes to purchase several lots in the Glacier Estates Addition, which is located northwest of the intersection between County Road 16 and County Road 18 (please see the attached land title survey). They have brought an issue to our attention. If you look closely at the attached survey, specifically the trail located on Lots 18 and 19 of Block 2 and the access /trail located on Lot 6 of Block 3, you will notice portions are located outside of the existing easements. The bank and K. Hovnanian Homes wish to amend the existing easement documents to encompass what was installed by the previous developer. BACKGROUND: CITY OF SHAKOPEE Memorandum During the bank's preparation of the land title survey and the investigation into potential title issues, they discovered a discrepancy in the recorded trail and access /trail easements and the actual location of the trail and access /trail. In these locations it was discovered the trail and access /trail were as much as a few feet outside of the legal descriptions. c. .2 - . This agenda item is to have City Council consider authorizing the appropriate City officials to sign an amendment to trail easement document and an amendment to access /trail easement document for the Glacier Estates Addition. Please see the attached amendment documents. It is the bank's and K. Hovnanian Homes' desire to amend the easement documents now in order to prevent this issue from resurfacing as a title exception when the lots are eventually sold by the builder to a homeowner. It is also in the City's best interest as well since the trail and access /trail are intended for public use. ALTERNATIVES: 1. Approve a motion authorizing the appropriate City officials to sign amendment to trail and access /trail easement documents for the Glacier Estates Addition. 2. Do not authorize the appropriate City officials to sign amendment to trail and access /trail easement documents for the Glacier Estates Addition. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Approve a motion authorizing the appropriate City officials to sign amendment to trail and access /trail easement documents for the Glacier Estates Addition. 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WOE • Troviria. AMPANT avir Bee VA/DNY SeNER 261112 SOIE M 02.1.6 nor • ruroneo perm — polo • WM, • 04V470 =TAR —em— OBEN O DAM RN 06111212066660* SUM LAVE5127.10 01477075 —0 0 AT LIE SCOW. • 044144 4,014044 found 0 dna. Ivo 440.004 2010040,01 deg 0717 10/26/2010 re. I or 1 AMENDMENT TO TRAIL EASEMENTS THIS AMENDMENT TO TRAIL EASEMENTS (the "Amendment ") is made and entered into as of the day of , 2010, by and between Central Bank, a Minnesota corporation (the "Central ") and the City of Shakopee, a Minnesota municipal corporation (the "Grantee "). RECITALS A. Central is the owner of certain real property in the City of Shakopee, Scott, County, Minnesota, legally described as Lots 18 and 19, Block 2, Glacier Estates, Scott County, Minnesota (the "Burdened Property "), which is subject to that certain Trail Easements dated May 24, 2006, recorded in the Office of the County Recorder, Scott County, Minnesota, on May 31, 2006, as Document No. A740506 (the "Easement Agreement ") pursuant to which Central's predecessor in interest, The Pavek Family Investments Corporation ( "Pavek "), granted easements to the Grantee for trail purposes over certain property owned by Pavek including the Burdened Property. B.. A portion of the trail that was constructed on the Burdened Property falls outside the easement area as legally described in the Easement Agreement. C. The parties hereto desire to amend the legal description for the trail easement to reflect the description of the trail as actually constructed on the Burdened Property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Easement Agreement is hereby amended as follows: 1. Amendment. The legal description of the easement area located on the Burdened Property is hereby amended and restated in its entirety to read as follows: "A 10.00 foot wide easement for trail purposes over, under and across that part of Lot 18, Block 2, GLACIER ESTATES, according to the recorded plat thereof, Scott County, Minnesota, the centerline of said easement described as follows: Beginning at the southwest corner of said Lot 18; thence North 06 degrees 42 minutes 35 seconds East, assumed bearing along the west line of said Lot 18, a distance of 89.91 feet; thence northeasterly along a tangential curve concave to DOCS4/3359046 -v1 1 DOCS- #3359046 -v1 the southeast having a radius of 43.50 feet and a central angle of 76 degrees 18 minutes 03 seconds for a arc length of 57.93 feet; thence North 83 degrees 00 minutes 38 seconds East, tangent to said curve a distance of 122.46 feet to the east line of said Lot 18 and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said west line, south line and east line of Lot 18. and A 10.00 foot wide easement for trail purposes over, under and across that part of Lot 19, Block 2, GLACIER ESTATES, according to the recorded plat thereof, Scott County, Minnesota, the centerline of said easement described as follows: Commencing at the southwest corner of said Lot 19; thence North 25 degrees 04 minutes 12 seconds East, assumed bearing along the west line of said Lot 19, a distance of 178.40 feet to the point of beginning of the line to be described; thence North 83 degrees 00 minutes 38 seconds East, a distance of 65.60 feet; thence northeasterly along a tangential curve concave to the northwest having a radius of 95.16 feet and a central angle of 18 degrees 40 minutes 16 seconds for a arc length of 31.01 feet to the north line of said Lot 19 and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said west line and north line of Lot 19." 2. Ratification. Except as modified herein, the Easement Agreement is hereby ratified and confirmed [Remainder of page intentionally left blank.] 2 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed the day and year first above written. CENTRAL BANK By: Its: STATE OF MINNESOTA ) ) SS. COUNTY OF ) This instrument was acknowledged before me on , 2010, by , as of CENTRAL BANK, a Minnesota corporation, on behalf of the corporation. NOTARIAL STAMP OR SEAL DOCS - #3359046 -v1 (Signature of notarial officer) Title (and Rank): My commission expires: Signature page to Amendment to Trail Easements 3 CITY OF SHAKOPEE By: John J. Schmitt Its: Mayor By: Judy Cox Its: City Clerk By: Mark McNeill Its: City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF ) This instrument was acknowledged before me on , 2010, by John J. Schmitt, as Mayor of CITY OF SHAKOPEE, a Minnesota municipal corporation, on behalf of the corporation. NOTARIAL STAMP OR SEAL DOCS- #3359046 -v1 (Signature of notarial officer) Title (and Rank): My commission expires: STATE OF MINNESOTA ) ) SS. COUNTY OF ) This instrument was acknowledged before me on , 2010, by Judy Cox, as City Clerk of CITY OF SHAKOPEE, a Minnesota municipal corporation, on behalf of the corporation. NOTARIAL STAMP OR SEAL STATE OF MINNESOTA ) ) SS. COUNTY OF ) This instrument was acknowledged before me on , 2010, by Mark McNeill, as City Administrator of CITY OF SHAKOPEE, a Minnesota municipal corporation, on behalf of the corporation. NOTARIAL STAMP OR SEAL This instrument was drafted by: Lindquist & Vennum, P.L.L.P. 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612 - 371 -3211 DOCS - #3359046 -v1 (Signature of notarial officer) Title (and Rank): My commission expires: (Signature of notarial officer) Title (and Rank): My commission expires: 5 ® 2010 Westwood P,afeselenel Se,Wm Inc. I Southwest corner of Lot 18, / -- 2, GLACIER ESTATES Existing Trall Easement-, LOT 17 1 Existing Bituminous Trail 1 1 West line of Lot 18, Block 2 / - /GLACIER ESTA1ES Drainage and Utility Easement,' µ r /r per plat o1 GLACIER ESTATES l i • i E Proposed Tioll Easement / ��.. +�� 1 ' N8 3'003- _E - Trail // " '. 1 / _,_: If l -cc �" ' = rte Existing d Easement - .„ / I_E 122.4��,_� �,L Ekisfing e / y t f — Bituminous T i/ / W : _ f O -1 I %l 1 t • coq . o / / - - , o g Evst line of Cot 1 8. Block 2, � J p o GLA ES -\/ / ` West line of Lot 19, Block 2, GLACIER tSTATES � / / I I LOT 18 / / Proposed Easement Description: j IC / ti / / \\� l1 / 2 � 0 / ■ and Utility Easement / I per plat of GLACIER ES TAIES / Southwest corner of Lot 19, Block 2, GLACIER ESTATES LOT 19 A 10.00 foot wide easement for Trail purposes over, under and across that part of Lot 18, Block Z GLACIER ESTATES, according to the recorded plat thereof, Scott County, Minnesota, the centerline of said easement described as follows: 7 Trail Easement Beginning at the southwest corner of said Lot 18; thence North 06 degrees 42 minutes 35 seconds East, assumed bearing along the west line of said Lot 18, a distance of 89.91 feet; thence northeasterly along a tangential curve concave to the southeast having a radius of 43.50 feet and a central angle of 76 degrees 18 minutes 03 seconds for a arc length of 57.93 feet; thence North 83 degrees 00 minutes 38 seconds East. tangent to said curve a distance of 122.46 feet to the east line of said Lot 18 and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at said west line, south and east line of Lot 18. A 10.00 foot wide easement for Trail purposes over, under and across that part of Lot 19, Block 2, GLACIER ESTATES, according to the recorded plat thereof, Scott County, Minnesota, the centerline of said easement described as follows: Commencing at the southwest corner of said Lot 19; thence North 25 degrees 04 minutes 12 seconds East, assumed bearing along the west line of said Lot 19, a distance of 178.40 feet to the point of beginning of the line to be described; thence North 83 degrees 00 minutes 38 seconds East, a distance of 65.60 feet; thence northeasterly along a tangential curve concave to the northwest having a radius of 95.16 feet and a central angle of 18 degrees 40 minutes 16 seconds far a arc length of 31.01 feet to the north line of said Lot 19 and said line there terminating. The sidelines of said easement ore to be prolonged or shortened to terminate at said west line and north line of Lot 19. Date: 01/05/11 She 2 or 2 20101263 -01 ESF02.d wesnwaoarlor taw ul� 7899 Magrn0 Drive can erxrtw MN 55394 PHONE 952437 -5150 MX 952437 -59T2 31311 FREE 1- B38937-5550 i Glacier Estates Shakopee, Minneaota Easement Sketch i AMENDMENT TO EMERGENCY ACCESS/TRAIL EASEMENT THIS AMENDMENT TO EMERGENCY ACCESS /TRAIL EASEMENT (the "Amendment ") is made and entered into as of the day of , 2010, by and between Central Bank, a Minnesota corporation (the "Central ") and the City of Shakopee, a Minnesota municipal corporation (the "Grantee "). DOCS - #3359502 -v1 RECITALS A. Central is the owner of certain real property in the City of Shakopee, Scott, County, Minnesota, legally described as Lot 6, Block 3, Glacier Estates, Scott County, Minnesota (the "Burdened Property "), which is subject to that certain Emergency Access /Trail Easement dated May 24, 2006, recorded in the Office of the County Recorder, Scott County, Minnesota, on May 31, 2006, as Document No. A740507 (the "Easement Agreement") pursuant to which Central's predecessor in interest, The Pavek Family Investments Corporation ( "Pavek "), granted an easement to the Grantee for public road right of way and related purposes over the Burdened Property. B. A portion of the trail that was constructed on the Burdened Property falls outside the easement area as legally described in the Easement Agreement. C. The parties hereto desire to amend the legal description for the trail easement to reflect the description of the trail as actually constructed on the Burdened Property. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Easement Agreement is hereby amended as follows: 1. Amendment. The legal description of the easement area located on the Burdened Property is hereby amended and restated in its entirety to read as follows: "An easement for Emergency Access /Trail purposes over, under and across that part of Lot 6, Block 3, GLACIER ESTATES, according to the recorded plat thereof, Scott County, Minnesota, lying easterly of the following described line: Commencing at the northeast corner of said Lot 6; thence South 82 degrees 26 minutes 54 seconds West, assumed bearing along the north line of said Lot 6, a distance of 0.72 feet to the point of beginning of the line to be described; thence 1 South 06 degrees 40 minutes 03 seconds East, a distance of 1 9.68 feet; thence South 00 degrees 37 minutes 21 seconds East, a distance of 118.70 feet to the south line of said Lot 6 and said line there terminating." 2. Ratification. Except as modified herein, the Easement Agreement is hereby ratified and confirmed. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed the day and year first above written. CENTRAL BANK By: Its: STATE OF MINNESOTA ) ) SS. COUNTY OF ) This instrument was acknowledged before me on , 2010, by as of CENTRAL BANK, a Minnesota corporation, on behalf of the corporation. NOTARIAL STAMP OR SEAL DOCS- #3359502 -v1 (Signature of notarial officer) Title (and Rank): My commission expires: 2 CITY OF SHAKOPEE By: John J. Schmitt Its: Mayor By: Judy Cox Its: City Clerk By: Mark McNeill Its: City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF ) This instrument was acknowledged before me on , 2010, by John J. Schmitt, as Mayor of CITY OF SHAKOPEE, a Minnesota municipal corporation, on behalf of the corporation. NOTARIAL STAMP OR SEAL STATE OF MINNESOTA ) ) SS. COUNTY OF This instrument was acknowledged before me on , 2010, by Judy Cox, as City Clerk of CITY OF SHAKOPEE, a Minnesota municipal corporation, on behalf of the corporation. NOTARIAL STAMP OR SEAL DOCS - #3359502 -v1 (Signature of notarial officer) Title (and Rank): My commission expires: (Signature of notarial officer) Title (and Rank): My commission expires: 3 STATE OF MINNESOTA ) ) SS. COUNTY OF ) This instrument was acknowledged before me on , 2010, by Mark McNeill, as City Administrator of CITY OF SHAKOPEE, a Minnesota municipal corporation, on behalf of the corporation. NOTARIAL STAMP OR SEAL This instrument was drafted by: Lindquist & Vennum, P.L.L.P. 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 612- 371 -3211 DOCS- #3359502 -v1 (Signature of notarial officer) Title (and Rank): My commission expires: 4 © 2010 Westwood Professional Services, Mc. M Block 3. GLACIER £512155 -, North line of Lot 6, Block 3,J GLACIER ESTATES Se2°2 4.53 ---1 Drainage and Utility Easement per -_ plat of GLACIER ESTATES H o LOT 6 Proposed Emergency Access/ Troll Easement ■ L I W Proposed Easement Description: Westwood Professional Services, Inc 7699 Anagram Drive Eden Prairie, MN 55344 PHONE 952937.5150 FAX 9529373922 TOLL FREE 1.998-937.5150 elw cwestwOOdpecom 16.24 3.53 - South line of Lot 6, Block .5 GLACIER ESTATES "., Existing Bituminous Trail 15 Existing Bituminous Trail .East line of Lot 6. Block 3, GLACIER ESTATES 13.24 An easement for Emergency Access /Trail purposes over, under and across that port of Lot 6, Block 3, GLACIER ESTATES, according to the recorded plat thereof, Scott County, Minnesota, lying easterly of the following described line: Commencing at the northeast corner of said Lot 6; thence South 82 degrees 26 minutes 54 seconds West, assumed bearing along the north line of said Lot 6, a distance of 0.72 feet to the point of beginning of the line to be described; thence South 06 degrees 40 minutes 03 seconds East, a distance of 19.68 feet; thence South 00 degrees 37 minutes 21 seconds East, a distance of 118.70 feet to the south line of said Lot 6 and said line there terminating. Glacier Estates Shakopee, Minnesota i Dedicated roadway in GLACIER ESTATES ,,,-Existing Emergency Access / Trail Easement Sheet 1 or 2 Dates 01/05/11 Easement Sketch 20101263- 01ESF01.dwg