HomeMy WebLinkAbout2009-086 CCRMember Tim Roche introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2009 -86
RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING
THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN
EMINENT DOMAIN FOR THE BASS LAKE ROAD STREETSCAPE AND
REGIONAL TRAIL IMPROVEMENTS PROJECT NO. 2009 -18
WHEREAS, the City of Brooklyn Center "City is a municipal corporation
organized and operating under Minnesota law, and is authorized by its charter and Minnesota
Statutes section 465.01 to acquire private property for an authorized public purpose, using the
procedure prescribed by Minnesota Statutes, Chapter 117; and
WHEREAS, the City has undertaken a project known as the Bass Lake Road (County
Road 10) Streetscape and Regional Trail Project (the "Project and
WHEREAS, the Project involves constructing a missing segment of the regional trail
system, designing elements that will encourage safe pedestrian routes and street crossings,
installation of biofiltration systems and streetscaping; and
WHEREAS, the Project is multi jurisdictional, involving the Minnesota Department
of Transportation, Hennepin County, Three Rivers Park District and the City; and
WHEREAS, the City has identified the need to acquire permanent and temporary
easements over certain real properties, as described on the attached Exhibit A (the "Easements for
purposes of the Project; and
WHEREAS, the City intends to pay for the Project with grant funds awarded to the
City under the America's Recovery and Reinvestment Act and other funding to be determined; and
WHEREAS, in order to satisfy requirements to obtain the grant funds, the City must
have obtained title to the Easements for the Project on or about November 1, 2009; and
WHEREAS, in order to meet the acquisition deadline for funding purposes, it is
necessary for the city to acquire title to and possession of the Easements in accordance with
Minnesota Statutes 117.042; and
WHEREAS, the City desires to obtain appraisals from an independent appraiser
licensed by the State of Minnesota, to estimate the damages that will result to the affected properties
as a result of the acquisition of the Easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that:
RESOLUTION NO. 2009 -86
1. Acquisition by the City of the Easements described on Exhibit A is necessary,
convenient and reasonable for the purpose of constructing the Project.
2. The City Council deems it necessary in order to meet the anticipated funding and
construction schedule for the Project to acquire title to and possession of the Easements
prior to the filing of a final report of commissioners, in accordance with Minnesota
Statutes 117.042.
The City's staff is authorized to review and approve the appraisal reports prepared by
the independent appraiser, to make offers to the property owners based upon the
appraisals as approved by staff and within the budget established for the Project, and to
negotiate in good faith with the property owners for the acquisition of the Easements.
4. In the event that negotiations are not successful, the City Attorney is authorized and
directed on behalf of the City to acquire the Easements as described on Exhibit A for
the Project by the exercise of the power of eminent domain pursuant to Minn. Stat.
Chapter 117, and is specifically authorized to notify the owners of the City's intent to
take possession pursuant to Minn. Stat. 117.042.
The City Attorney and city staff are further authorized to take all actions necessary
and desirable to carry out the purposes of this resolution.
Julv 13, 2009
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Kay Lasman
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2009-86 EXHIBIT A
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Boz 198 Parcd I
Kennedy Graven, Chartered Torr�ena
EASE�.�VT
THIS 1NSTRUMENT is made by Jerry's Bateapxises, Inc., a coiporation organized imder
the laws of the Stabe of G�, ��r of t!� City of Brooklyn Ceater, a Nlinnesota
mwueipai corpo p�.
A- Grantor is the fee owner of certain real pmoperty in H�nnepin County, �ota legally
de.qcribed oa ttre at�ched Exh�"bit A(the "P��,
B. Gra�bor desires to grant t� the Giantee aa to tl�e texms �i conditions
c�n�iaed L�ein.
Te,rms of Ea��
1- Grant of Essemeat. For good and valuable oonside�ian, receipt of which is aclmowledged
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bY C�ntAr g�ts aad ooaveys to the Giaatee a papehml, non-exclusive essernent fOi
public walkway and sidevvatk purposes over, unda, across and tbrough a portion of the Prope�ty
as Iegalty described on the attached Exhibit B.
2• Scope of Easeanent. The pecpetuat ea4ement for walkwsy attd sidevvalk purposes giranted
.,herein includes the right of the Gza�ce, its ageats, and employees to locate,
oPerate, maintain, altea� acrd npair Public sidevvalk and tiail facilities wit�in the
de.�'bod eesement area. Trail uses include the nse of trail facilities by p�isns, non-
motorized bicycles, powered wl�elc6airs or carts �sd bY PhY��Y ��PP� P�
�tY P�li� �Y vehicles ufiliud in maurtanance or policing. Tcail nses do not include
use bY motoriroed racre�anal vehicles suc.h as snowmobiles, all�errain vehictes or nuotoc�ss
bikes.
35�06pv3 ]MpBR29t 301
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RESOLUTION NO. 2009-86 EX�IIBIT A
The easement granted hereiu also includes the right to cut, trim, or remove fmm the
ea-�nent areas shrubs or othar ve s' d ent unreasonab
�es, getation as in the Grantee ]u gm lY
intcxfere with the easement or facilities of the Graatee, its suocessors or assigas.
3. Warranty of Ti�le. The Giantor wartant4 it is the owner of the Properiy and has the right,
title and capscity to c�avey to the Crantee the easement herein.
4. Em+ironmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligstions, including penalties and reasonable attomey's fces, or losses
resulting from any claims, actions, suits or pr�ceedings based upon a release or threat of release
of any �.ardous snbstances, po2lutants, or contaminants which may have existed on, or which
relate to, the easement area or Property priar to the date of this instrument.
5. Binding E,�, ffect. The terms and oonditions of this instrument shall run with the laad ana
be binding on the Grrantor, its successors and assigns.
STATE DEED
TAX D
UE HEREON: NO
I�tE
Dated this day of 2009.
JERRY'S ENTERPRISES, INC.
Br
Its: Clrief Executive Officea
STATE OF MINNESOTA
SS.
COUNTY OF HENI3EPIN
The foregoing instruin�t was aclmowledged before me this day of
2009, by Gerald Paulsen, the Chief Exealtive O�cer of Jeny's Enterprises, Inc.,
en,
a corporation organized uuder the laws of the State of Minnesota, on behalf of the eorporation,
Grantor.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(612) 337-9300
II 35�060v3 Jf��P BR291 301
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RESOLUTION NO. 2009-86 EX�IIBIT A
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EXHIBIT A
Owner: Jerry's Eaterptiaes, Inc.
P.I1�T.: Q3-118-21-14-0024
Descript�on of Property:
Tract B, Registered Land Survey No. 1262, H�nepin County, Minnesota.
Deact3ption of Eaaement:
A permanent non-exclusive easement for strcetsc�pe purposes over and across that part of the
above descn`bed Pnoperty desenbed as follows:
Beginning at the southwestex�ly c�rner of said Tract B, Registered Land Survey No. 1262,
Hennepin County, Minnesota; theace on an assumed bearing of North 23 degree.s 26
minutes 10 seovnds East, along �e weaterly line of said Tract B, a distance of 26.34 fed;
thence South 21 degrees 36 minutes 43 socands East, 27.11 feet; thence southeasterly
83.07 feet along the arc of a non tangential curve concave to the southwest having a
ceatral angle of 4 degc�,s 49 minutes 40 seoonds and a radius of 985.93 feet, having a
chord bearing of South 64 degrees 09 minutes 12 sevonds East; thence South 61 degrees
44 minutes 22 sa;onds Fast, 269.40 feet; thence southeasterly 147.14 feet atong the arc of
a tangential ct�rve ooncave to the northeast having a cen�al angle of 9 deg�rees 07 minutes
29 secands and a radius of 923.93 feet, to the easterly line of said Trac,t B; thence South
23 degrces 26 minutes 10 s�oads West, along said eastedy line of Tract B, a distance of
7.02 feet to the sontheaste�ly oornea of said Tract B; thence northwestealy along the
southerly line of said Trad B a distance of 147.� feet along the arc of a non tangeatisl
curve concave to the northeast having a central angle of 9 degrees OS minutes 32 seconds
and a r.idius of 930.93 feet, having a chord bearing of North 66 degrees 17 minutes 08
s000nds West; thence North 61 degrees 44 minutes 22 sa:onds West, along said southerly
line of Tract B, a distance of 269.40 feet; tbeuce northwesterly along said southerly line
of Tract B a distance of 101.67 feet along the ai�c of a tangeatial cnrve concave to the
southwest having a central angle of 5 degrees 57 mimrtes 02 seconds and a radius of
978.93 feet to the point of beginning.
Said pennanent easem�nt containing 3,816 squan fxt (0.088 acres) more or less.
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35�060v3 ]MP BR291-301
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RESOLUTION NO. 2009-86 EXHIBIT A
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Boz 198 pnrcel 3
Kem�edY Graven, Chatbe�+od Torr�na
EASEN�NI'S
THIS INSTRUMIIVT is made by Melropoliten CoUncil, a public corpor�tian and political
subdivision otganized under t� laws of the S�te of l��inne.sota, Grantor, in favar of the City of
Brooklyn Centa, a municiP� ���a4
A. Gtant� is tl�e fce ownea of certain resl propeaty in Henuepin County, Mi�ta legalty
descn�ed on tl�e at�hed Exhibit A(tl�e "Pmpert��.
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B. Graat� desires to grant to tlie Graabee �t� to tlue terms and conditioas
ca�ined he�in
Tams of F�ents�
1. Graut of E�. For good aad valuable' consideration, receipt of wluch is
�1��8� bY ��r �s and conveys to the Grantee the ea�ments legallY
descn'bed on tl�e attached Exhibit A a�d depic.ted on the attached F.x�u'bit B. The temporar�►
ea�ement expires on Dec�mber 31, 2010.
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2. Scone of F.asement. The p�pep�ai s�e�e ea�nent grantied herein includes the right
=of the Grantoe, its contractors, a8e�s, and employees to e�ter tlu pr�miscs at all reasonable
I times for the pmpose of in4talling, constn�ctin& reconstructing, ope�stia�, m�aining,
ia4peeting, altering snd r�epairing withia tl�e descn'bod �t area any of tl� following
fscilities amenities: public sidewallc or tra�way; r�aining wa1L9; decorffiive lan�dscsgin8
features including Plaatin8 bed,�, bouldexs, �rubs, trces, snd other 1anclscaPe imp�+ovements; and
irrigation sy�ems.
35�09EY2 BR291-30L
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RESQLUTION NO. 2009-86 EXHIBIT A
The te�nporary essement includes the right of the Grantee, its co ea and
ntractors� a8 ts,
I eanPloYces to enter upon said pnxnises at all reasonable times for the purposes of constructian,
S��S� s and restoration purposes, and all purposes ancillary thet�eto, together with the
right to remvve trces, shtubs or. other vegetation in the easement area, as well as the right to
deposit earthe� materiats withia the easeme�t area and to move, store, and remove equipment
and sugplies, and m perform any other worlc necessa�y and incide�nt to the projed.
The easements 8ranted herein also inclnde the right to cart, trim, or remove fmm the
�s�nent areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasanably
interfere v�nth the easements
ar facil�ties of the Grantee, rts successors or assigns.
3• Wananty of Titlo. The Cnantor wansnts it is the owner of the Property and has the right,
title and capacity to oonvey to the Gratitce the easements herein
4. Environmental Matters. The Crantee shall not be responsible for any oosts, expenses,
da�mages, d�nands, obligations, inclnding pe�nalties and reasonable attome�'s fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of �y hazardous substances, pollutants, or conta�ninants which may have existed on, or whic�
relate to, the easement area ar Property prior to the date of this inshumen�
S. BindinQ Effect. The teims and conditions of this instrument shall run with the laad and
be binding on the Grantor, its successors aad assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of 2009.
Metropolitsa Council
By:
Its: Regional Adminishator
STA'I`E OF MINNESOTA
SS.
COiJNTY OF
The foregoing instivme,nt was ac]mowledged before me this day of
2009, bY the Regional Administrator of
Metropolitan Council, a public cvrporation and political subdivision orgenized under the laws of
a the State of Mi.nnesota, on behalf of the corporation, Graatar.
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Notary Public
NOTARY STAMP OR SEAL
i 35�0�8W2 CBR BR29t-301
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RESOLUTION NO. 2009-86 EXHIBIT A
THIS INSTRUMENT DRAFTED BY:
Kennedy Grav�a, Chartered
200 South Si�cth Street, Suite 470
Minneapolis, MN 55402
(612) 337-9300
�v,:
3S109s�/! CBR BR291-�1
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RESOLUTION NO. 2009-86
EXHIBIT A
EXHIBIT A
Owner: Metropolttan Coandl
P.I.N. 02-118-21-23-0024
Description of Property:
That part of Lot 1, Block l, METROPOLITAN TRANSTf ADDITION, embraced wityin
Tract A, REGISTERED LAND SURVEY NO. 1211 and Tract B, REGISTERED LAND
SURVEY NO. 1261, acoording to the recorded plat thereo� Hennepin County,
Minnesota
De�acri�ption of Easements:
A permanent non-exclusive easement for public streetscape purposes over and acnoss that part of
the sbove descdbed Pr+opexty d�bed as follows:
Beginning at the southwest arrner of said Lot 1, Blocic 1, METROPOLITAN TRANSTT
A.DDITIQN; thence easterly along the southerly line of said Lot 1 a distance of 35.72 feet
along the arc of a curve concave to the north having a central angle of 2 degre.es 11
minute.s 55 seconds and a radius of 930.93 fcet, having a chord bearing of South 89
degr�ees 44 minutes 55 seconds F.ast, (for the purpose of this descrigtion the west line of
said Lot 1 is assumed to have a bearing of South 2 degrees 13 minutes 07 seconds F.ast);
thence IVorth 89 degc+ees 09 minutes 08 secands East, along the southe.rly line of said Lot
1, a distance of 89.45 fcet; theace North 83 degcees 26 minutes 29 seovnds East, along
the southerly line of said Lot 1, a distance of 1�p0.51 fee� theace North 89 degree� 09
minutes 08 seconds East, along the son�erly lin��f said Lot 1, a distance of 150.00 feet;
thence North 47 degrees 34 minutes 34 seoonds East, a�ong the southerly line of said Lot
1, a distaace of 10.55 feet; thence South 89 degrees 09 minutes 08 seo�nds West, 157.70
feet; theace South 86 degraes 47 minutes 25 sa;ot�ds West, 225.72 feet to the west line of
said Lot 1; the�nce South 2 degrees 13 minutes 07 seconds .East, along said west line of
Lot 1, a distaaee of 7.02 fcet bo the point of be�ing..
Said pe,rmanent ea.�eanent oontaining 3,351 square fcet (0.077 acres) more or less.
A taaporary ease�ne�t for construc�ion p�rpc�ses ova, under and across that part of die above
descnbed Prope�ty deacnbed as foUows:
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Commencing at the southwest corner of said Lot 1, Block 1, NiETROPOLITAN
TRANSIT ADDITIUN; tha�ce eastexly along the southerly line of said Lot 1 a distanee
of 35.72 fect along the src of a curve ooncave to the north having a c�►tcal aagle of 2
degrces 11 minutes SS s000nds aad a radina of 930.93 f�et, having a chard beffiing of
South 89 degees 44 minutes 55 acoonds East, (for the purpose of tbis descxiption the
west line of said Lot 1 is assumed to have a bearing of South 2 degi�ees 13 minutes 07
3310%v2 CBR BR291-301
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RESOLUTION NO. 2009-86 EX�IIBIT A
seconds East); thence North 89 degrees 09 minates 48 seconds East, along the southerly
line of said Lot 1, a distance of 89.45 fed; th�ee North 83 degrees 26 minutes 29
seconds East, along the southerly liae of said I.ot 1, a distance of 1�.51 fee� tbence
North 89 degre�s 09 minutes 08 sxvnds East, along the southerly line of said Lot 1, a
distance of 150.00 fee� theace North 47 degrees 34 minutes 34 seconds East, along the
southerly line of said Lot 1, a distance of 21.86 feet; thence North 89 degrees Q9 minutes
08 seconds Fast, along the southerly lina of said Lot 1, a distance of 14.63 feet; thence
northeasterly along the southerly line of said Lot 1, a distance of 54.29 feet along the arc
of a tangenti�l curve concave to the northwest having a c.entral angle of 37 degrees 37
minutes 27 seeonds and a iadius of 82.67 fe�, having a chvrd bearing of North 70
degrees 20 minutes 25 seconds East to the perint of beginnin� thence North 89 degrees
09 minutes 21 seconds East, along the southerly line of said Lot 1, a distance of 16.65
fee5 thence northeasteriy along the easterly line of said Lot 1, a distance of 99.86 fcet
along the arc of a non tangential cnrve concave to the northwest having a central angle of
46 degrees 25 minutes 15 seconds and a radius of 123.26 feet, having a chard bearing of
North 22 deg�ees 21 minutes 46 aeconds East; the�nce northwe,sterly slong the eastc.riy
l'me of said Lot 1, a distance of 59.85 fcet along the arc of a tangential componnd ceuve
concave to the southwest having a central angle of 32 de�es 38 minutes OS seconds and
a radius of 105.08 feet, having a chord besting of North 17 degrees 04 minutes 54
seconds West; thence South 13 degrces 52 minutes 26 seconds West, 150.91 feet to the
point of beginning.
Said temporary easement containing 3,860 square feet (0.089 acres) raore or less.
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33�096v2 GBR HR291-301
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RESOLUTION NO. 2009-86 EXHIBIT A
EXHIBIT B
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.JJ 10° BASS LAKE ROAD STREETSCAPE PA�.�
S� w� DAIE: dc REGIONAL TRAIL IMPROVEMENTS
M� �-aoo �/t/p9 BROOKLI'N CENTER. MN
351098v2 C8R BR291-301
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RESOLUTION NQ. 2009-86 EXHIBIT A
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Boz 198 Pareel 4
Kennedy Graven, Chartered Torrens
EASEMENTS
THIS INSTRUMENT is made by Jay A. Showalter, a single person, Grantor, in favor of the
City of Brooklyn Center, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantor is the fee
owner of certam real property m Hennepm County, Mmnesota, legally
described on the attached Eachibit A(the "Property'�.
B. Grantor desires to grant to the Grantee easements, according to the terms and conditions
contained herein.
i Terms of Easements
1. Grant of Easements. For good and valuable consideration, receipt of which is
acknowledged by Grantor, Graritor grants and conveys 'to tlie Grantee the easements legally
described on the attached Exhibit A and depicted on the attached Exhibit B, The temporary
easement expires on December 31, 2010.
2. Scope of Easements. The perpetual streetscape easement granted herein includes the
right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable
times for the purpose of installing, constructing, reconsttucting, operating, maintaining,
inspecting, altering and repairing within the described easement area any of the following
facilities and amenities: concrete public sidewalk or trail way; bus bench/shelter; fence;
retaining walls; decorative landscaping features including planting beds, boulders, shrubs, trees,
and other landscape improvements; and irrigation systems.
i The perpetual easement for walkway and sidewalk purposes granted herein includes the
j right of the Grantee, its contractors, agents, and employees to locate, construct, operate,
maintain, alter and repair public sidewalk and trail facilities within the described easement area.
353657v5 CHR BR291-301
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RESOLLTTION NO. 2009-86 EXHIBIT A
Trail uses include the use of trail facilities by pedestrians, non-motorized hicycles, powered
wheelchairs or earts operated by physically handicapped persons and, city and public safety
vehicles utilized in maintenance or policing. Trail uses do not include use hy motorized
recreational vehicles such as snowmobiles, all-tenain vehicles or motocross bil�es.
The temporary easement includes the right of the Grantee, its contractors, agents, and
employees to enter upon said premises 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 vegetatian in the easement area, as well as the right to
deposit earthen materials within the easement area and to move, store, and remove equipment
and supplies, and to perform any other work necessary and incident to the project.
The easements granted herein also include the right to cut, trim, or remove from the
easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably
interfere with the easements or facilities of the Grantee, its successors or assigns.
3. Warranty of Title. The Grantor warrants he is the owner of the Property and has the
right, title and capacity to convey to the Grantee the easements herein.
4. Environmental Matters. T'he Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the easement area or Property prior to the date of this instrument.
5. Bindin� Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, his successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of 2009.
Jay A. Showalter
STATE OF MINNESOTA
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009, by Jay A. Showalter, a single person, Grantor.
Notary Public
NOTARY STAMP OR SEAL
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35365'Iv5 CBR BR291-301
RESOLUTION NO. 20Q9-86 EXHIBIT A
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I i THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
Suite 470
240 South Si�cth Street
Minneapolis, MN 55402
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353657v5 CBR BR291-301
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RESOLUTION NO. 2009-86 EXHIBIT A
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I Ownerc 3sy A. Showalter
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P.LN. 03-11&21-140021
Description of Prnperty:
Tract A, Registered Land Survey No. 1151, Hennepin County, Minnesota. (the
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Description of Easements:
A permanent non-exclusive easement for ublic walkwa and sidewalk oses over and across
P Y P�P
that part of the above described Property described as follows:
The northerly 10.00 feet of Tract A, Registered Land Survey No. 1151, Hennepin
County, Minnesota, lying easterly of the easterly right-of-way line of Xernes Avenue
according t� said Registered Land Survey No. 1151;
A permanent non-exclusive easement for public streetscape purposes over and across that part of
the above described Property described as follows:
Together with that part of Tract A, Registered Land Survey No. 1151, Hennepin County,
Minnesota,� described as follows: Commencing at the most westerly corner of said Tract
A; thence on an assumed bearing South 66 degrees 33 minutes 50 seconds East, along the
southwesterly line of said Tract A, a distance of 45.00 feet to the easterly right-of-way
line of Xerxes Avenue; thence North 23 degrees ?�6 minutes 10 seconds East, along said
easterly right-of-way line, a distance of 145.00 fe�it.:to the point of beginning; thence
continuing North 23 degrees 26 minutes 10 seconds East, along said easterly right-of-way
line, a distance of 35.00 feet; thence South 66 degrees 33 minutes 50 seconds East, 10.00
feet; thence South 23 degrees 26 minutes 10 secodds West, 35.00 feet; thence North 66
degrees 33 minutes 50 seconds West, 10.00 feet to the point of beginning.
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Said permanent easements containing 2,364 square feet (0.054 acres) more or less.
A temporary easement for constcuction purposes over, under and across that part of the above
described Property described as follows:
i The southerly 5.00 feet of the northerly 15.00 feet of Tract A, Registered Land Survey
No. 1151, Hennepin County, Minnesota, lying easterly of the easterly right-of-way line of
Xerxes Avenue according to said Registered Land Survey No. 1151.
Said temporary easemcnt containing 1,018 square feet (0.023 acres) more or less.
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353657v5 CBR BR291-301
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RESOLUTION NO. 2009-86 EXHIBIT A
EXHIBIT B
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OlES PER�dM1ENT EASEUENT
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--T.E. DENO OSEq TEAIPOR EASEMEtiT
NOTE: NO BOUNDAR� SURVEY W ED AS
10 THE PRECiSE L OF 1HI
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sti �Mt
°�'°n "°�s°"'� EASEMENT SKETt�i B
J "a 1° BASS LAKE ROAD S7REETSCAPE
wo wone�" �T" s�sT REGIONAL TRAIL IMPROVEMENTS P�'
OAlE:
SEH s/2a/os BROOKLYN CEN1�R, MN 4
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353657v5 CBR BR291-301
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RESOLUTION NO. 2009-86 EXHIBIT A
Boz 198 Psrcel 5
Ke�edy Graven, Chartered Tun�ena
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THIS INSTRUME�i'f is made by Peber Han9er and Barb�ra A. Houser, husb�ad an�d w►ife,
Grantors, in favor of the City of Brookiyn Cent�, a M�nnesota municipal caa�poratio�, Grrantee.
A. Grm�tors are the fee owners of c�ain real in H Couaty, M'wnesota, legallY
P�P�Y �P�
described on th�e �ed Eachibit A(the "Pc�apeit�'�
B. G�ators de�ire to gcant to the Grantce easeme�g„ acxording ta the te�ns and canditians
c��tain�cl her+ein.
Texms of F.asaments
1. C'rranR of Easeme�s. For $�nod ead valUable canside�tion, receipt of which is
aclmowledged bY Gra�rtors, Crantors gi�nt aad convey� to th�e Crantee the easements legally
deseribed on the attached Exhibit A and depicted on the attsched Fxhibit B. The tempora�y
easement expires on December 31, 2010.
2. Scope of Easeinent The parpehsai streetscape ea�eat gr�mted hereia ittcludes th�e
right of the Giantee, its contractois, agents, and employees to eater t�e piemises at all reasoneble
times for the p�npose of installing co�v�ing, reconst�ctin� operatin8. nuuntaining,
��B ��8 within t�e desaibed essement ereas any of the following
facilities and ameimties: concrete public sidewallc or trail way; bus bencb/shelter; fence;
remining walls; deeorative landscaping festia+es including Plantin8 beds, boulders, shrubs, trees,
and other landxa�e itnP�'ovr�s; and ini►8ation systeaes-
The te,snporar�r easement imclndea the rig6t of the Grantee, its c�onhactors, ageats, aad
employees to enter upon ssid gt all reasonabk times for du purposes of construction,
8cading, sic�in$, a�d re�or�on p�uposes, md all purpoae.s ancillary thereto, to�ether with t�e
as�ca�t e.aR ��ao�
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RESOLUTION NO. 2009-86 EXHIBIT A
right to remove trees, shrubs or o�er vegetation in the easeme�nt area, as well as the right to
deposit eaithen materials within the easement area and to move, store, and remove equipment
and supplies, and to perform any vthec work necessary $nd incideni to the project.
The eagements grant� herein eLso i�l��de the right to cut, trina, or remove fi�m the
easemern area Ur,es, shtubs, ar other vegeffition ss in �e Graatee's judgment um+easonably
interfere with the easement or facilities of tlie Grantee, its successors or assigns.
3. Wananty of Tide. The Grtautors wazrant they are the owners of the Property and have the
right, title and capacity to convey to the Grantee the easements herein.
4. Envu+onmeutal Matters. The Gaantee shail not be responsible for siry c�sts, eacp�nsea
damages, demands, obligatia�s, including penatties and neasoaable attorney's f+ees, or lo�ses
r�sutting from any claims, actions, suits or proc�ings b�sed upon a release o� thneat of release
of any hazardous substances, pollutants, or contaminants whicli may have existed on, or which
relate to, the easement areas or Property prior to the dgte of this inst�ument
5. Bmdin� The terms and conditions of this instnm�ent shall run with the la� and
be binding on the Grantors, their successors a�i ass�gns.
STATE DEED TAX DUE HEREON: NONE
Dgted this day of 2009.
P�+c
I.3arbe�ta A:
STATE OF NIINNESOTA
SS.
COUNTY OF
The foregoiug inshvnnent was acknowledged before me this day of
20U9, b�► Peter Houser a� Ba�aza A Houser, husbaad and wife, Grantors.
r Notaiy Public
NOTA�Y S'��biP A& S�
3536l6+r2 CBR 8R391�i01
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RESOLUTION NO. 2009-86 EXHIBIT A
THIS INSTRUMENT DRA.�TED BY:
Kenned,y 8c Graven, Cbartered
Suite 470
200 South S�rth Street
b�'innespoiis, MN 55402
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3S�liiO�t�R�91�91
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RESOLUTION NO. 2009-86 EXHIBIT A
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EXHIBIT A
Qwn�x= Fct4�'� �on�e�
P.I.N. 03-11&21-14-003Z
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Deacription of Pro.perty:
Tract A, REGISTERED LAND SURVEY NO. 1649, Hem�epin County, Miimesota.
Descriptioa of F.ssement:
A petmanent non-exclusive easement for public st�tscape putposes over and across that part of
the above described Praperty described as follows:
Beginning at the northeast corner of said Traet A, REGISTERED LAND SURVEY NO.
1649, Heanepin County, Minnesota; thence on an assumed bearing of South 9 degrees 24
minutes 33 seconds Fast, along tl�e eesterly line of said Tract A, a distan+ce of 25.46 feet;
thence South 89 degrees 07 minuRes 36 seco�ds West,143.12 feet to the northvvesterly
line of said Tract A; thence North 7 degrees 03 minutes 06 seconds Eas�t, along said
northwesterl� line of Tract A, a distaacx of 34.86 fed to ti�e narthwesterly corner of said
Tract A; the�ice ea4terly along t�e northerly line of said Tract A, a distance of 134.97 feet
along tl� arc of a n�on tangeutial curve concave to the north having a ceatral angle of 7
de�rees 53 minutes 58 seconds and a radius of 978.93 feet to the Doi� of beginnin�.
Said pem�nent easement co�taining 3,93 S square feet (0.090 acres) more or less.
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A temipor�y easemerrt for constructioa purposes over, under a�d across that part of t� above
de.4cribed Propeaty which lies within a 6.00 foot wide str�p of ls�ci, the aoith line of said 6.00
foot wid�e stri� is described as follows:
j Commencing at the aortheast corner of said Tract A, REGISTERED LAND SURVEY
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NO. I649, HennePin CouutY, M'innesota; thence oa an assumed beariag of South 9
degt+ees 24 mintrtes 33 seconds East, alon� th�e easterlY line of said Tract A, a distance of
25.46 feet to the poi�rt of begiIIning; ttxace South $9 degroes 07 minubes 36 s�s
West,14312 feet to the northwe.4terly line of said Traat A and said line there terminatin�.
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i The side lines of said strip to be prolonged or shprtened to terminate on tt� easterly and
wesberly boundaries of said Tract A.
Said tem�orary easennent coatainin� 864 sc�si+e feet (0.020 acres� mome or tess.
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�ss� c���e�
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RESOLUTION NO. 2009-86 EXHIBIT A
EXI-IIBTT B
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�CT R.I.S. NO. 1644
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DEN01E5 PROPOSED PEF�IANE?IT EJ1SF]FJiT
t —i.E OOIOTES PROPOSED 7EMPptARY EASQIENT
i S N07E: NO BOUNDARV SURVEY WORK Y(AS PE�Im AS
l 70 TME PREdSE IOCATION d�` 1H5 7R/1CT
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FiLE NO.
1 EASBNE7dT SKETCH B
i�a+�a dBREGIO�AL TRAl�L IIuIPROVEMENTS P�
S� n��► e/zs/os BROOKLYN CENTER. MN 6
353660v2 C8A Blt291-301
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RESOLUTION NO. 2009-86 EXHIBIT A
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Boa 198 Parcels 6, 6A, 6B, 6C, bD
Kennedy Graven, Chattered Torrens
EASEMENTS
THIS INSTRUMENT is made by Brookdale Mall Properties LLC, a limited liability
company organized under the laws of the State of Delaware, Grantor, in favor of the City of
Brooklyn Center, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota, legally
described on the attached Exhibit A(the "Property'�.
B. Grantor desires to grant to the Grantee easements, according to the terms and conditions
conta.ined herein.
Terms of Easements
i 1. Grant of Easements. For good and valuablb consideration, receipt of which is
acknowledged by Grantor, Grantor grants and conveys to the Grantee the easements legally
described on the attached Exhibit A and depicted on the at�tached Exhibits B-1, B-2, B-3, B-4 and
B-5. The temporary easements e�cpire on December 31, 2010.
2. Scope of Easements The perpetual streetscape easements granted herein include the
i right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable
i times for the purpose of installing, constructing, reconstructing, operating, mainta.ining,
inspecting, aItering and repairing within the described easement area any of the following
facilities and amenities: public sidewalk or trail way; bus bench/shelter; fence; retaining walls;
I decorative landscaping features including planting beds, boulders, shrubs, trees, and other
landscape improvements; and irrigation systems. The perpetual streetscape easement for Parcels
6B and 6C as described on the attached Exhibit A also includes the right to install, construct,
recanstruct, operate, maintain, inspect, alter and repair a pedestrian hridge.
The perpetual easement for walkway and sidewalk purposes granted herein includes the
right of the Grantee, its contractors, agents, and employees to locate, construct, operate,
353656v3 CBR BR291-301
RESOLUTION NO. 2009-86 EXHIBIT A
maintain, alter and repair public sidewalk and trail facilities within the described easement area.
Trail uses inclnde the use of trail facilities by pedestrians, non-motorized bicycIes, powered
wheelchairs or carts operated by physically handicapped persons and, city and public safety
vehicles utilized in maintenance or policing. Trail uses do not include use by motorized
recreational vehicles such as snowmobiles, all-terrain vehicles or motocross bikes.
The temporary easement includes the right of the Grantee, its contractors, agents, and
employees to enter upon said premises 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, as well as the right to
deposit earthen materials within the easement area and to move, store, and remove equipment
and supplies, and to perform any other work necessary and incident to the project.
The easements granted herein also include the right to cut, trim, or remove from the
easement aneas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably
interfere with the easement or facilities of the Grantee, its successors or assigns.
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3. Warran of Title. The Grantor warrants it is the owner of the Property and has the right,
title and capacity to convey to the Grantee the easements herein.
4. Environmental Matters. T'he Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable atxorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the easement area or Property prior to the date of this instrumen�
5. Bindin�Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its successors and assigns.
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STATE DEED TAX DUE HEREON: NONE
Dated this day of 2009.
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Brookdale Mall Properties LLC
By
Its
B
Its
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353656v3 CBR BR291-301
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RES4LUTION NO. 2009-86 EXHIBIT A
STATE OF MINNESOTA
SS.
COUNTY OF
T'he foregoing instrument was acknowledged before me this day of
2009 by and the
and of Brookdale Mall Properties
LLC, a limited liability company organized under the laws of the State of Detaware, on behalf of
the limited liability company, Grantor.
Notary Public
NOTARY STAMP OR SEAL
'THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
Suite 470
200 South Sixth Street
Minneapolis, MN 55402
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353656v3 CBR BR291-301
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RESOLUTION NO. 2009-86 EXHIBIT A
EXHIBIT A
Owner: Brooks Mall Properties LLC
P.I.N. 02-118-21-23-0023; 02-118-21-32-0014; 02-118-21-32-0017; 02-118-21-31-
0055; 02-118-21-31-0056
Description of Property as shown on Certificate of Titte No. 1166861:
Par 1: Tracts A, C and D, REGISTERED LAND SURVEY NO. 1469, Hennepin County,
Minnesota.
Paz 2: Tracts A, B and C, REGISTERED LAND SURVEY NO. 1614, Hennepin County,
Minnesota. ((Parcels 6C and 6D)
Par 3: That part of Tract B, REGISTERED LAND SURVEY NO. 1710, Hennepin
County, Minnesota, embraced within Tract B, REGISTERED LAND SURVEY NO.
1469. (Parcel6A)
Par 4: Tract C, REGISTERED LAND SURVEY NO. 1710, Hennepin Counry,
Minnesota. (Pazcel 6)
Paz 5: Tracts A and B, REGISTERED LAND SURVEY NO. 1766, Hennepin County,
Minnesota. (Parcel6B)
Description of Easements:
(Parcel 6): A permanent non-exclusive easement for pub�ic streetscape purposes over and across
that part of Tract C, REGISTERED LAND SURVEY Np. 1710, Hennepin County, Minnesota,
described as follows:
Beginning at the northeast corner of said Tract C; REGISTERED LAND SURVEY NO.
1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50
minutes 52 seconds East, along the east line of said Tract G, a distance of 15.00 feet;
thence South 89 degrees 06 minutes 58 seconds West, 279.71 feet to the west line of said
Tract C; thence North 9 degrees 24 minutes 33 seeonds West, along said west line of
Tract C, a distance of 25.46 feet to the northwest corner of said Tract C; thence North 89
degrees 09 minutes OS seconds East along the nottherly line of said Tract C, a distance of
42.92 feet; thence South 85 degrees U8 minutes 11 seconds East along the northerly line
of said Tract C, a distance of 100.49 feet; thence North 89 degrees 09 minutes 08 seconds
East along the northerly line of said Tract C, a distance of 140.59 feet to the point of
beginning.
Said permanent easement over Parcel6 containing 5,159 square feet (0.118 acres) more
or less.
353656v3 CBR BR291-301
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RESOLUTION NO. 2009-86 EXHIBIT A
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(Parcel6): A temporary easement for construction purposes over, under and across that part of
the above described Property which lies within a 6.00 foot wide strip of land, the north line af
said 6.00 foot strip is described as follows:
Commencing at the northeast corner of said Tract C, REGIST'ERED LAND SURVEY
NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0
degrees 50 minutes 52 seconds East, along the east line of said Tract C, a distance of
15.40 feet to the point of beginning; thence South 89 degrees 06 minutes 58 seconds
West, 279.71 feet to the west line of said Tract C and said line there terminating.
The side lines of said strip to be prolonged or shortened to terminate on the easterly and
westerly boundaries of said Tract C.
Said temporary easement over Pazce16 containing 1,676 square feet (0.039 acres) more
or less.
(Pazcel 6A): A permanent non-exclusive easement for public streetscape purposes over ar►d
across that part of Tract B, REGISTERED LAND SURVEY NO. 1710, Hennepin County,
Minnesota, described as follows:
Beginning at the northeast corner of said Tract C, REGISTERED LAND SURVEY NO.
1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees 50
minutes 52 seconds East, along the east line of said Tract C, a distance of 15.00 feet;
thence North 89 degrees 06 minutes 58 seconds East, 26.30 feet to the northerly line of
Tract B, said REGISTERED LAND SURVEY NO. 1710; thence North 49 degrees 16
minutes 29 seconds West, along said northerly line of Tract B, a distance of 22.58 feet;
thence South 89 degrees 09 minutes 08 seconds West along said northerly line of Tract B,
a distance of 9.41 feet to the point of beginning. y;=
Said permanent easement over Parcel 6A containing 268 squaze feet (0.006 acres) more
or less.
(Pazcel 6A): A temporary easement for construction purposes over, under and across that part of
the above described Properiy which lies within a 6.0� foot wide strip of land, the north line of
said 6.00 foot wide strip is described as follows:
Commencing at the northeast corner of said Tract C, REGISTERED LAND SURVEY
NO. 1710, Hennepin County, Minnesota; thence on an assumed bearing of South 0
degrees SO minutes 52 seconds East, along the east line of said Tract C, a distance of
15.00 feet to the point of beginning; thence North 89 degrees 46 minutes 58 seconds East,
26.30 feet to the northerly line of Tract B, said REGISTERED LAND SURVEY NO.
1710 and said line there terminating
The side lines of said strip to be prolonged or shortened to terminate an the easteriy and
westerly boundaries of said Tract B.
353656v3 CBR BR291-301
RESOLUTION NO. 2009-86 EXHIBIT A
Said temporary easement over Parcel 6A containing 178 square feet (0.004 acres) more
or tess.
(Parcel6B): A permanent non-exclusive easement for public streetscape purposes vver and
across that part of Tract A, REGISTERED LAND SURVEY NO. I7b6, Hennepin County,
i Minnesota, described as follows:
Beginning at the northeast corner of said Tract A, REGISTERED LAND SURVEY NO.
1766, Hennepin County, Minnesota; thence on an assumed bearing of South 0 degrees O1
minutes 22 seconds East, along the east line of said Tract A, a distance of 160.29 feet;
thence South 0 degrees Ol minutes 08 seconds �Vest, along the east line of said Tract A, a
distance of 9.45 feet; thence northwesterly 28.05 feet along the arc of a non tangential
curve concave to the northeast having a central angle of 43 degrees 26 minutes 00
seconds and a radius of 37.00 feet the long chord of which has a bearing of North 58
degrees 20 minutes 31 seconds West; thence North 36 degrees 37 minutes 31 seconds
West, 36.64 feet; thence northwesterly 42.57 feet along the arc of a non tangential curve
concave to the northeast having a central angle of 10 degrees 58 minutes 13 seconds and
a radius of 222.35 feet the long chord of which has a bearing of North 25 degrees 47
minutes 03 seconds West; thence northwesterly 128.78 feet along the arc of a non
tangential reverse curve concave to the southwest having a central angle of 74 degrees 28
minutes 22 seconds and a radius of 99.08 feet the long chord of which has a beazing of
North 52 degrees 35 minutes 35 seconds West; thence South $9 degrees 09 minutes 08
seconds West, 202.02 feet; thence South 83 degrees 28 minutes 00 seconds West, 125.56
feet; th�nce South 89 degrees 10 minutes 42 seconds West, 127.40 feet to the northerly
line of Tract A, said REGISTERED LAND SURVEY NO. 1766; thence North 47
degrees 34 minutes 42 seconds East, along said northerly line of Tract A, a distance of
22.42 feet; thence North 89 degrees 09 minutes 08 seconds East along said northerly line
of Tract A, a distance of 150.00 feet; thence Ndlth 83 degrees 26 minutes 29 seconds
East along said northerly line of Tract A, a distance of 100.51 feet; thence North 89
degrees 09 minutes 08 seconds East along said northerly line of Tract A, a distance of
346.61 feet to the point of beginning.
Said permanent easement over Parcel 6B contaihin 17,703 square feet (0.406 acres)
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more or less.
(Parcel 6B): A temporary easement for construction purposes over, under and across that part of
the above described Property which lies within a 6.00 foot wide strip of land, the north line of
t
said 6.00 foot wide strip is described as follows:
Commencing at the northeast corner of said Tract A, REGISTERED LAND SURVEY
NO. 1766, Hennepin County, Minnesota; thence on an assumed beazing of South 0
degrees O1 minutes 22 seconds East, along the east line of said Tract A, a distance of
160.29 feet; thence South 0 degrees O1 minutes 08 seconds West, along the east line of
said Tract A, a distance of 9.45 feet to the point of beginning; thence northwesterly 28.05
feet along the arc of a non tangential curve concave to the northeast having a central
angle of 43 degrees 26 minutes 00 seconds and a radius of 37.00 feet the long chord of
which has a beazing of North 58 degrees 20 minutes 31 seconds West; thence North 36
353656v3 CBR BR291-301
RESOLUTION NO. 2009-86 EXHIBIT A
degrees 37 minutes 31 seconds West, 36.64 feet; thence northwesterly 42.57 feet along
the arc of a non tangential curve concave to the northeast having a central angle of 10
degrees 58 minutes 13 seconds and a radius of 222.35 feet the long chord of which has a
bearing of North 25 degrees 47 minutes 03 seconds West; thence northwesterly 128.78
feet along the arc of a non tangential reverse curve concave to the southwest having a
central angle of 74 degrees 28 minutes 22 seconds and a radius of 99.08 feet the long
chord of which has a bearing of North 52 degrees 35 minutes 35 seconds West; thence
South 89 degrees 09 minutes 08 seconds West, 202.02 feet; thence South 83 degrees 28
minutes 00 seconds West, 125.56 feet; thence South 89 degrees 10 minutes 42 seconds
West, 127.40 feet to the northerly line of Tract A, said REGISTERED LAND SURVEY
NO. 1766 and said line there terminating
The side lines of said strip to be prolonged or shortened to terminate on the easterly and
westerly boundaries of said Tract A.
I I Said temporary easement over Parcel6B containing 4,170 square feet (0.096 acres) more
or less.
(Parcel 6C): A permanent non-exclusive easement for public streetscape purposes over and
across that part of Tract A, REGISTERED LAND SURVEY NO. 1614, Hennepin County,
Minnesota, described as follows:
Beginning at the northwest corner of said Tract A, REGISTERED LAND SURVEY NO.
I I 1614, Hennepin County, Minnesota; thence on an assumed beazing of South 0 degrees O1
minutes 22 seconds Eas alon the west line of said Tract A a distance of 16U.29 feet;
S
thence South 0 degtees0l minutes OS seconds West, along the west line of said Tract A, a
distance of 9.45 feet; thence northeasterly 49.0� feet along the arc of a non tangential
curve concave to the northwest having a centri�l angle of 75 degrees 55 minutes 53
seconds and a radius of 37.00 feet the long chord of which has a bearing of North 61
degrees 58 minutes 32 seconds East; thence North 24 degrees 00 minutes 36 seconds
East, 36.U9 feet; thence northeasterly 49.50 febt along the arc of a tangential curve
concave to the northwest having a central angle of 25 degrees OS minutes 50 seconds and
a radius of 113.00 feet; thence North 1 degree 0� minutes 14 seconds West, 35.16 feet;
thence North 53 degrees 19 minutes 45 seconds East, 18.83 feet; thence ATorth 89 degrees
10 minutes 22 seconds East, 52.26 feet; thence South SS degrees 30 minutes 14 seconds
Eas 101.0 f D LAND SURVEY
t, 9 eet to the easterly line of Tract A, said REGISTERE
NO. 1614• thence northeasterl alon said easterl line of Tract A a distance of 130.63
Y g Y
I feet alon the azc of a non tan ential curve concave to the southeast havin a central
g g g
angle of 48 degrees 45 minutes 38 seconds and a radius of 153.50 feet the long chord
having a bearing of North 50 degrees 14 minutes 53 seconds East; thence North 28
degrees 11 minutes 07 seconds West, along said easterly line of Tract A, a distance of
Y 1.06 feet to the northeast corner of said Tract A; thence South 89 degrees 09 minutes 08
seconds West along the northerly line of said Tract A, a distance of 311.66 feet to the
point of beginning.
Said permanent easement over Parcel 6C containing 18,195 square feet (0.418 acres)
more or less.
353656v3 CBR BR291-301
I I I
RESOLUTION NO. 2009-86 EXHIBIT A
(Parcel6C): A temporary easement for construction purposes over, under and across that part of
the above described Property which lies within a 6.00 foot wide strip of land, the northerty and
northwesterly line of said 6.00 foot wide strip is described as follows:
Commencing at the narthwest corner of said Tract A, REGISTERED LAND SURVEY
NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of South 0
degrees OI minutes 22 seconds East, along the west line of said Tract A, a distance of
160.29 feet; thence South 0 degrees O1 minutes 08 seconds West, along the west (ine of
said Tract A, a distance of 9.45 feet to the point of beginning; thence northeasterly 49.03
feet along the arc of a non tangential curve concave to the northwest having a central
angle of 75 degrees 55 minutes 53 seconds and a radius of 37.00 feet the long chord of
which has a bearing of North 61 degrees 58 minutes 32 seconds East; thence North 24
degrees 00 minutes 36 seconds East, 36.09 feet; thence northeasterly 49.50 feet along the
arc of a tangential curve concave to the northwest having a central angle of 25 degrees OS
minutes 50 seconds and a radius of 113.00 feet; thence North 1 degree OS minutes 14
seconds West, 35.16 feet and said line there terminating.
I The side lines of said strip of land to be prolonged or shortened to begin on the westerly
line of said Tract A, and end on a line with a bearing of North 53 degrees 19 minutes 45
seconds East from the point of termination of the above described northerly and
northwesterly line of the 6.00 foot wide strip.
(Parcel 6C): Together with a further temporary easement for construction purposes over, under
and across that part of the above described Parcel 6C which lies within the following described
area:
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Commencin at the northwest corner of said Tract A REGISTERED LAND SURVEY
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NO. 1614, Hennepin County, Minnesota; thenL� on an assumed bearing of South 0
degrees O1 minutes 22 seconds East, along the west line of said Tract A, a distance of
160.29 feet; thence South 0 degrees0l minutes 08 seconds West, along the west line of
said Tract A, a distance of 9.45 feet; thence norfheasterly 49.03 feet along the arc of a.
non tangential curve concave to the northwest having a central angle of 75 degrees 55
minutes 53 seconds and a radius of 37.00 feet the long chord of which has a bearing of
North 61 degr�es 58 minutes 32 seconds East; thence North 24 degrees 00 minutes 36
seconds East, 36.09 feet; thence northeasterly 49.50 feet along the arc of a tangential
curve concave to the r�orthwest having a central angle of 25 degrees OS minutes 50
seconds and a radius of 1 I3.00 feet; thence North 1 degree O5 minutes 14 seconds West,
35.16 feet; thence North 53 degrees 19 minutes 45 seconds East, 18.83 feet; thence North
89 degrees IO minutes 22 seconds East, 17.67 feet to the point of beginning; thence
continuing North 89 degrees 10 minutes 22 seconds East, 34.59 feet; thence South 55
degrees 30 minutes 14 seconds East, 101.09 feet to the easterly line of Tract A, said
REGISTERED LAND SURVEY NO. 1614; thence southwesterly along said easterly line
of Tract A, a distance of 20.50 feet along the arc of a non tangential curve concave to the
southeast having a central angle of 7 degrees 39 minutes 03 seconds and a radius of
153.50 feet the long chord having a bearing of South 22 degrees 02 minutes 33 seconds
West; thence North 55 degrees 30 minutes l4 seconds West, 133.73 feet to the point of
beginning.
353656v3 CBR BR291-301
i
RESOLUTION NO. 2009-86 EXHIBIT A
i
Said temporary easements over Parcel 6C containing 3,404 square feet (0.078 acres)
more or less.
(Parcel 6D): A permanent non-exclusive easement for public walkway and sidewalk purposes
over and across that part of Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin
County, Minnesota, described as follows:
Commencing at the most southerly corner of said Tract B, REGISTERED LAND
SURVEY NO. 1614, Hennepin County, Minnesota; thence on an assumed bearing of
North 52 degrees 37 minutes 30 seconds East, along the southerly line of said Tract B, a
distance of 60.08 feet to the point of beginning; thence North 20 degrees 57 minutes 32
seconds West, 205.73 feet; thence North 28 degrees 54 minutes 34 seconds West, 197.13
feet; thence Nocth 23 degrees 18 minutes 35 seconds West, 2431 feet to the south line of
Tract A, REGISTERED LAND SURVEY NO. 1430; thence North 63 degree 30 minutes
25 seconds East, along said south line of Tract A, a distance of 5.01 feet; thence South 23
degrees I8 minutes 35 seconds East, 2434 feet; thence South 28 degrees 54 minutes 34
seconds East, I97.23 feet; thence South 20 degrees 57 minutes 32 seconds East, 204.60
feet to the southerly line of said Tract B; thence South 52 degrees 37 minutes 30 seconds
West, along said southerly line of Tract B, a distance of 5.21 feet to the point of
beginning.
(Parcel 6D): A permanent non-exclusive easement for public streetscape purpc�ses over and
across that part of Tract B, REGISTERED LAND SURVEY NO. 1614, Hennepin County,
Minnesota, described as follows:
Beginning at the northwest corner of said Tract B� REGISTERED LAND SURVEY NO.
1614, Hennepin County, Minnesota; thence on a�i�.,assumed bearing of South 28 degrees
11 minutes 07 seconds East, along the westerly line of sa.id Tract B, a distance of 24.00
feet; thence North 84 degrees 06 minutes 56 seconds East, 38.83 feet; thence North 89
degrees 11 minutes 15 seconds East, 489.41 f�et to the north line of said Tract B,
REGISTERED LAND SURVEY NO. 1614; thence Norkh 82 degrees 30 minutes 56
seconds West, alvng said north line of Tract B, a distance of lU7.12 feet; thence South 89
degrees 09 minutes 08 seconds West, along said north line of Tract B, a distance of
432.80 feet to the point of beginning.
Said permanent easements over Parcel 6D containing 9,652 square feet {0.222 acres)
i more or less.
(Parcel6D): A temporary easement for construction purposes over, under and across that part of
the above described Property which lies within a 6.00 foot wide strip of tand, the north line of
said 6.00 foot wide strip is described as follows:
Commencing at the northwest corner of said Tract B, REGISTERED LAND SURVEY
NO. 1614, Hennepin County, Minnesota; thence an an assumed bearing of South 28
degrees 11 minutes 07 seconds East, along the westerly line of said Tract B, a distance of
i 353656v3 CBR BR291-301
RESOLUTION NO. 2009-86 EXHIBIT A
I
i 24.00 feet to the point of beginning; thence North 80 degrees 06 minutes 56 seconds East,
38.83 feet; thence North 89 degrees 11 minutes 15 seconds East, 489.41 feet to the north
line of said Tract B, REGISTERED LAND SURVEY NO. 1614, and said line there
terminating.
T'he side lines of said strip to be prolonged or shortened to terminate on the northerly and
westerly boundaries of said Tract B.
Said temporary easement containing 3,284 square feet (0.075 acres) more or less.
i
353656v3 CBR BR291-301
i
I
I
i
RESOLUTION NO. 2009-86 EXHIBIT A
EXHIBIT B-1 (Parcel6)
BASS LAKE AOAD
m
,s4.ar
R�978.93'
0 07'53�58� iME NE COR. OF TRACT C.
THE NW COR. OF '�RACT C R.LS. �0. 1710
S86'Da'11'E NB9"09'�'E
N8�'09�OB�E T11E NLY UtjE
N F C
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TRACT C
N y O
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R. L. S. N 0. 1710
o N'
6
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9 CERL OF IITIE WO. 1166861
PIN:02-118-21-23-0023
4
68.73' S89�D9'08'W 266.71'
p� TR A
'43'41'
R. .S. N0.
DENDTES PROPOSED PERMANFa1T EAS�IENT
—T.E �ENOTES PROPOSED 1EMPORARY EA
MOTE: NO BOUNDARY SURyE1' AS PERFORMIED AS
WORK W
1 �U T1iE PRECISE LOCATION OF 1HIS 1RACT
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sHa�r euiott nororoac� Nc. FlLE N0. �SE�NT SKET� B
suncn souME su�nNa 108579
f ./J 70 C BASS LAKE ROAD STREETSCAPE PA�
ioo Nonen� sTr smECT
i �aa. �A�� REGIONAL TRAIL fMPROVEMENTS
i SEH 6/24/09 BROOKLYN CENTER, MN 8
353656v3 CBR BR291-301
I
I
i RESOLUTION NO. 2009-86 EXHIBIT A
EXHIBIT B-2 (Parcel6A)
o
V EI V
V
THE NE COR. OF TFtAGT C, f y�
R.LS. �0. 1710
N�.���- BASS LA ROAD
9.41'
589�9 QB f
7He N�r uNE`•,
i 22.
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i T A 1710
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c�xr. oF nn.E No. »sses�
PIPkOT-118-21-32-0014 �at
589 y
g TR A
R. S. N 0. r �1710 i
DENOTES PROPOSm PERAIAN�NT EASEl1ENT
T.E DEN07E5 PROPOSEO ORART EASE4IENT
NOTE: NO BOUNDARY SURVE7 W�ORK W PERFORAtED AS
TO THE PREdSE LOCATtON OF THI$ TR T
N
�i �„°"r ��E No. EASENENT SKETCH 8
,��9
W �o� 6TM s�T pA BASS LAKE ROAD gTREETSCAPE P�
SEH �x«+s. sa+o� dc REGIONAL TRAIL IMPROVEMENTS
ce�z� �se-e�oo 6�2a/o9 BROOKLYN CENTER, MN eA
I
353656v3 CBR BR291-301
i
I
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RESOLUTION NO. 2009-86 EXHIBIT A
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w iOU 108579
JJ �;R;, sTM BASS LAKE ROAD STREETSCAPE
S� wr«�wous w es,o, �A�: REGIONAL TRAIL IIvIPROVEMENTS P�
«'T� 6/Z6/09 BROOKLYN CENTER, I�N
i
353656v3 CBR BR291-301
i
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RESOLUTION NO. 2009-86 EXHIBIT A
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108579
I �/J "a BASS LAKE ROAO STREETSCAPE
S� wo rannM s�x s�r REGIONAL TRAIL IMPROVEMENTS P�'
M, DATE:
P s/2s/o9 BROOKLYN CENTER, MN
353656v3 CBR BR291-301
I
i
RESOLUTION NO. 2009-86 EXHIBIT A
EXHIBIT B-5 (Parcel6D-1 6D-2)
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AC A
S. z�0. 1430��
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NO. 14 RT�.�
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EA$EAAENT SKETGH B
w�irr w� ��TE: R�I�AL TR�AIL tMPRb11EMENTS
J S� s/�/� BROOItLYN CENTER. MN g�i
353656v3 CBR BR291-301
I
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RESOLUTION NO. 2009-86 EXHIBIT A
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10°N°° 07X dc REGIONAL TRAlL IMPROVEMENTS
ve DATE:
sfts/os BROQKLYN CENTER. IAN
I 353656v3 CBR BR291-301
i
RESOLUTION NO. 2009-86 EXHIBIT A
Boz 198 P�l 9
Kemiedy Graven, Cha�tered Tornns
EASENffi�1'S
THIS INSTRUNNIFNNT is m�de by Shingle Creek Cnnup, I�., a Mi�esota corporation,
Gisntor, in favar of die City of Brooklyn Ceat�, a Minne�ota mimicipal corporation, GRantee.
Reci s
A- �antor is the fee ow�er of certain real P�Y H�P� ��Y� 1
�Y
de.gcribed on the attached Exhibit A(the "Prapert��.
B. Grantor to gra�t to the Grantee ea9anea�, acxaading to tt�e �ms a�d c�nditions
contained herein
Tetms of Easeme.o�s
1. C�rant of Eas�s. For good and val»abl� con��ation, racceitpt of which is
�D�� b3' C�rantor� Granto� grants and oonveys to the Grantee the legally
described on the attached Fxlu'bit A and depictod on the at�ched Exlu'bit B.
2. Scope of E�-aem��. The pespetual eas�neat for vvalkvvay and sidewalk and padestrian
�8'� P�� 8�� iacludes the right of the Cnantee, its camt�ctors, age�ts, and
employees to locat�, conshuct, oPerate, maialsin, alter aad repair public sidewalk, trail and
P�trian bridge facilities within the descxi'bed easem�t ares. Trail and bridge uses include the
use of tiail and bridge facilities by pede,shians, non-motorized bicycles, Pow�ered whcelchairs or
�°P� bY PhY��Y ��PP� P�� �Y and public safety vehicles utili�ed in
me�nteoance or policing. Trail u�ses da not include use by motorized recreationa( vehicles su�ch
as �owmobiles, alI-tenain vebieles or motoc�+o�s bi'Ice.4.
The easem�#s gr�od hexein slso include the rigfi� to cut, trim, or iemove frnm tl�e
��t u�as trces, shcubs, otlier v�� as in the Citantae's judg�ment �omesso�bly
i�re wit� tl�e easeme�t or fx�citities of the Cfraa�bx, its suocessas or assig�ns.
334102�2 CSR HB291-301
1
I
RESOLUTION NO. 2009-86 EXHIBIT A
3. Wanan of Tid
ty e. The Grantor werrants rt�s the owner of the Property and has the nght,
title and capacity to c�omey to the Grantee the eesements herein.
i
4. Enviranmental Mat�s. The Crrantee shall not be responsible for any costs, expenses,
damage,s, demeads, obligatioas, including penalties and reasonable attomey's fces, or losses
resultiag fmm any claims, actians, suils or proceodings based upon a releas� or threst of release
of eny haz�rdous s��bs�, pollutants, or contaminants wlucli ma}► have existed oa, or which
relate to, the easement area or Property prior to t� date of this instrameat.
5. B'�i'ng Effect. The terms and conditions of this insbniment shatl run with the land and
I be binciing on th,e Grantor, lus su�ssors and assi�os.
STATE DF.�D TAX DUE HEREON: NONE
Dated this day of 2009
Shingle Creek Crroup, Inc.
I
B
Its:
B
Its:
STATE OF MIl�iNNESOTA
SS.
COUNTY OF
The foregoing insbniment wes acknowledged before� me this day of
2009, by and the
and of Shingle Creek Grroup, Inc., a
corporation organized und�er the laws of the State of N�it�nesota, on be�aif of tl� corporation,
G�antor.
Notary Public
NOTARY STAMP OR SEAL
T�IIS INSTRUMIIVT DRAFTED BY:
Kennedy 8t Graven, Chartered
200 South Sixth Street, Snite 470
Minn�olis. MN 55402
(612)337-9300
ss4iot�rtc��i-3oi
2
i
RESOLUTION NO. 2009-86 EXHIBIT A
EXHIBIT A
O�►ner. Shingie Creek Gronp, Inc.
P.I.N. OZ-11 &21-23-0016
Deecription of Property:
Tract C, Registered Laad Survey No.1186, Hennepin County, Minnesota. (the
K��
Description of F.asementa:
�1 peamanern non-exclusive e�sement for public wa[kway and sidewalk purposes over and across
that part of the above described Property described as follows:
�8i�8 ��e ��st cximer of said Tract C, Registered Lsad Survey No.
1186, Hennepin Couaty, Minn�ota; thence on an assumed bearing South 89
deSrees 09 minu�es 08 seconds West, along the soutl�rly line of said Trect C, a
distance of 50.00 feet; thence North 0 degc+ecs 50 minutes 52 seconds West, 20.00
feet; theace North 89 degrees 09 minutes 08 sevands East, 50.29 feet to the
easterly line of said Tx�ct C; thence South 0 degrees 01 minutes 22 secands East,
a dist�ce of 20.� f�eet to tLe point of beginning.
Said permanent eas�t c�ontaining 1,003 square feet (0.023 acres} mare or less.
A pex�maneut �n-exclusive eas�ment far public walkway,�,�ad sidewalk purposes over and across
thst pat# of the above described Property described as foll�ws:
Commencing at the sot�theast corner of said Tract C, R:eg�ster�d La�d Survey Na
1186, Iiennepia Counh', Minnesota; thence on �n assumed bearing South 89
deg�+ees 09 minu�es 08 seconds West, along t� sou�ly line af said Tract C, a
distance of 348.60 fce� thence North 85 degrees�08 mintrtes 11 sa�ds West,
alang said southerly line of Tract C, a distance of 100.49 feet to the point of
be�innia� thence South 89 degi�ees 09 minutes 08 seco�ds West, along said
southerly line of T�ct C, a dista�ce of 150.00 fee� thenc�e North 49 degrees 16
minutes 36 secon�ds West, along said sou�ealy line of Trsct C, a dist�m�ce af 4.52
fee� ti�ence North 89 degrees 09 minu�cs 08 seooaids Fast, 15338 fee� t�ence
South 0 degrees 50 minutes 52 seconds East, 3.00 feet to the poi� of beginning.
Said penmia�ent easement coatainimg 455 square feet (0.010 acres) more or less.
3541�+rL C8R�t291-30t
A-1
RESOLUTION NO. 2009-86 EXHIBIT A
EXffiBTT B
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a 108579
,�'o"o'�,a��►, n„ s�r BASS LAKE ROAD STREET5GAPE
I SEH REGIONAL TRAI! IMPROVEMENTS P�-
�r�� sROac�m ca��a. MN 9
35410M2 (�it �t291,301
B-1
I
RESOLUTION NO. 2009-$6 EXHIBIT A
Boz 198 Paroe! 12
K�on�edy Cnaven, Charbereci Torrena
E,�ISEMENT
THIS INSTRUMENT is ma� by CSM Lakeside Limited Pat�ship, L.L.P., a Minnesota
limited parbnership, Grantor, in favor of the City of Brookiyn Cent�r, a M� m�micipal
A. Graator is the fee owner of oectaia reel pmopaiy in Hennepin CoumY� Min�ota, legallY
descnbed an tiu Exhi'bit A(the "Pr�pert��.
B. G�r desires to gratrt to the Crrantoe aa easeme� �rding to the terms and c�nditions
co�tained hsrein
Terms of Easement
1. ('na� of Easende�s. For good a� valuable consideration, receipt of which is
�wlod8ed bY G�a�or, Cr� grmns and conveys �o tl�e Crarrt�ee the legally
described on t� attached Exhibit A and depictied on the attached Exhibit B.
2. �pe of Easement The perpetual easemetrt for walkway a� side�walk purposes gcanted
herein inc�udes the right of the Grantee, its co�actors, age�s, and Gmplaye�s to locebe,
oP��, ��n, alter and repair public sidew�dk and trail facilities within the
�cribed e�as�nt area. Trail uses iaclude th�e use of trail facilities bY P��
motori��ed
bi cl vvhexlcbairs or c�rts handi
CY Po� bY PhY��Y �PP� P��
�1; �itY aad PubL� �fet�' vehicles utilizcd in mainbena�oe or policing. Trail uses do not inclnde
use by maborized c+ecreational vehicles such as anowmobiies, at1-teasin vehicles or motoct+oss
b�ces.
ss4t�.2t�xa�t.�oi
1
RESOLUTION NO. 2009-86 EXHIBIT A
The easement granted he�+ein also includes the right to cut, trim, or re�move firnn the
easement areas tre�, shrubs, or other veg�ation as in the Grantee's judgment umcasonably
interfere with the easement or facilities of the Grantex, its successors or assigns.
3. Wairanty of Tide. The Grantor warrants it is the owne�r of the Prapeity and has the right,
title and capacity to oonvey to the Grautee the easements herein.
4• Environme�tal Matters. The Grsntce shall not be responsible for any cost4, expenses,
damages, demands, obligations, including peaalties and reas�nable attarney's fees, or los.ses
resulting fi+om any claims, actions, suits or prooeodings based upon a release or tbreat of release
of any hazardous substances, pollutants, or oontaminants which may have existed on, or which
relate to, the eas�nent area or Pmperty prior to the date of this instrumen�
5. Bindin�Effect. The terms and conditions of this instcvment sha11 run with the land and
be binding on the Grantor, his succes,4ors and assi
STATE DEED TAX DUE HEREON: NO
NE
Dated this day of 2009.
CSM Iskeside Limited Partnership, LL.P.
B
Gary S. Holmes, as Tn�stee of the Gary S. Holmes
Revocable Tn�st Unde.r Ag��eement dated
Novembe� 9,1995, as smended, the C�eral Partaer
and Managing Partner.
STATE OF hSINNESOTA
SS.
COUNTY OF
The foregoing instrument was acimowledged before me this day of
2009, by Gary S. Hohnes, as Trustee of t�►e Gary S. Holmes Revoc�ble Tru�
i Under Agreeme�tt dated November 9,1995, as amendeci, �e Ceaeral Par�a and Mana�ing Partaer
of CSM Lakeside L'amited Partne�rship, L.L.P., a limited parmeaship organized under the laws of
the State of Minnesota, on behalf of the carporation, Glantor.
Notary Pablic
NOTARY STAMP OR S
EAL
THIS INSTRUMENT DRAFTED BY:
KeanedY Grave4 p�ataed
200 So�h Sncth Strcet. Suite 470
Mim�polia, MN 55402
(612)337-9300
334112�2LBR BR291 301
I 2
I
RESOLUTION NO. 2009-86 EXHIBIT A
EXHIBIT A
Owner: CSM Lakeside Limited Pu�tnership
P.I.N.: 03.-118-21-14-0034
Descrlption of Property:
Lot 2, Block 1, BROOKLYN CROSSING 3� ADDITION, according to the recorded
plat thereo� Hennepin County, Minnesota.
Description of Easementa:
A permanent non-exclnsive ea.4ement f�nr streetscape purposes over and acxoss that part of the
above descnbed Property d�'bed as follows:
Commencing at the southe,ast oorner of said Lot 2, Block 1, BROOKLYN
CROSSING 3 ADDTI'ION; theace on an a.ssumed bearing af North 23 degrees
26 minutes 10 seoonds East, along the easterly line of said Lot 2, 8.03 feet to the
interse,ction with th� northerly line of the southerly 8.Q0 feet of said Lot 2�d the
point of beginning; thence northwesterly alang said northerly line 19.43 foet along
the arc of a nvn tange�ntial cnrve concave to the so�hwest having a central angle
of 1 degrce 07 minutes 41 soeonds and a cadins o#` 986.93 feet, baving a chord
bearing of North 71 degrees 43 minutes 44 seconds West; thence North 65
degrees 56 minutes 06 seconds East, 28.65 foet to said easterly line of Lot 2;
thence South 23 degcees 26 nnin�es lOseconds West, along said eastcxly line of
Lot 2, a distance of 19.37 feet to the point of beg�ning.
Said permanent ease,ment containing 187 square fcd (0.004 acres) more or less.
x
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