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Home My WebLink Aboutalley easementY �! c f TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES ALLEY EASEMENT AGREEMENT Agreement No. 73-37379 THIS EASEMENT AGREEMENT made on this �� {� day of ��, (��,�,�, � , 20�, by and between the Hennepin Counfiy Regional Railroad Authority {HCRRA},apolitical subdivision and focal government unit, under the laws of the State of Minnesota {hereinafter referred to as "GRANTOR"), and the Crty of Orono, a municipal corporation under the laws of the State of Minnesota, (hereinafter referred to as "GRANTEE"}. WITNESSETH: WHEREAS, GRANTOR is the owner of certain right of way (by fee, easement, license, joint use agreement, governmental grant or other interest} locafied in the County of Hennepin, State of Minnesota, commonly referred to as the Dakota Rai! Corridor {hereinafter referred to as "Corridor"), formerly owned by the Burlington Northern Railroad Company and Dakota Rail, Inc.; WHEREAS, GRANTOR acquired the Corridor for transportation purposes, including without limitation, rail, bus, bicycle and foot travel, for the [ovation of communication facilities, including fiber optics lines, and for other future transportation uses; WHEREAS, GRANTEE maintains that certain public roadway, generally known as Crystal Bay Road located in •the City of Orono. � Crystal Bay Road connects to that certain pub[ic� roadway. in the. City of the Village of Minnetonka Beach generally known as Northview Road. Both .public roadways are located in the viciriity of the Corridor. WHEREAS, Seven (7) single family residences are located in the City of Orono facing Crystal Bay Road to the north and the Corridor to the south on those certain parcels of land legally described in Exhibit A (hereinafter referred to as "Alley Access Parcels"}. Traffic from the south lot lines of the Alley Access Parcels currently access Northview Road by encroaching upon a portion of GRANTOR's Corridor that runs upon and is parallel to the Corridor. WHEREAS, GRANTEE has requested and GRANTOR has agreed to grant to GRANTEE a nonexclusive public alley easement over that portion of the Corridor legally described on "Exhibit B" (hereinafter referred to as the "Easement Area"} for ingress and. egress from v��y� �� D 9 �'� ��L' �� GRANTOR trequires that the Alley, or portion of Alley, be changed, altered, or removed for any reason, GRANTEE shall deliver to GRANTOR a release of the easement, or a release of a portion of the easement as applicable, suitable for recordation. GRANTEE acknowledges and agrees that no further processes or vacation proceedings are or will be, necessary to put into effect termination of this easement, and if any is required, GRANTEE hereby unconditionally consents to said vacation or termination as a part of the consideration for the granting of this easement. The granting of this easement shall not be deemed a dedication by statute or common law, nor shall continued use and maintenance of the Easement Area create a •roadway accruing to the public or any individual in the meaning of Minn. Stat. Sec. 160.05, subd. 2. GRANTEE, and not GRANTOR, shall be responsible for all maintenance {including without limitation, trash and snow removal, weed control and removal of diseased, dead or hazardous trees?, all permitted improvements, special assessments and all costs related thereto, and all other costs related in any other manner to use of the Easement Area or any required relocation of the Alley or termination of the easement. GRANTEE, and not GRANTOR, shall be responsible for the payment, if any, of relocation benefits or costs or just compensation due to third parties resulting from termination of the easement rights granted by this agreement. Notwithstanding the foregoing, this easement agreement is not intended to create rights in third party beneficiaries other than that to the general public for use of the .Easement Area as a public alley until such date this easement agreement is terminated by GRANTOR. 4. GRANTEE and its contractors shall not unreasonably interfere with use of the Corridor for transportation or other public purposes except with consent of GRANTOR which consent shall not be unreasonably withheld. GRANTEE'S use of the Easement Area is subservient to all federal laws and regulations governing rail operations on the Corridor. 5. Prior to construction of any modification or relocation of the Alley, GRANTEE shall submit its plans fio GRANTOR for review and comment. GRANTOR reserves the right to reject any plans for construction proposed by GRANTEE on the grounds, in GRANTOR's sole discretion, that said plans are inappropriate or incompatible with its present or future use of the Corridor. No work shall be done or obstruction placed over any. track or pathway on the Corridor unless . GRANTEE has arranged to furnish, at GRANTEE's or its contractors' expense, such flagging ,as GRANTOR deems necessary for protection of railroad or other transportation operations on the Corridor.. Such flagging shall not relieve GRANTEE or its contractors from any liability. 6.. • The rights granted herein shall be effective upon full execution of this Agreement subject to the rights of those cerfiain parties identified in section 7 4. 7. GRANTEE agrees to indemnify, defend and hold GRANTOR and its officers, directors and employees harmless from and againsfi al[ liability, lass, cost, damage or expense of every nature including, without limitation, attorneys' fees, whether or not suit be brought, resulting from injury to or death of persons or loss or destruction to dproperty which arises out of or in any • 3 i damages sustained by GRN1vTEE in connection therewith. GRANTEE also accepts such Easement Area subject to rights of any party, including GRANTOR, in and to any roadways, easements, leases and permits, whether granted, at GRANTOR's sole discretion, either prior to or after the date of this Easement Agreement except that any subsequent grant shall not unreasonably interfere with GRANTEE'S use of the Easement Area. GRANTEE agrees to provide to GRANTOR or other tenants of GRANTOR access over across, and through the Easement Area should such access be deemed necessary by GRANTOR. GRANTEE accepts said Easement Area subject to the right of GRANTOR, its employees, agents, permittees, lessees, and contractors when reasonably necessary to walk upon said Easement Area to repair adjacent property and the right of GRANTOR, its employees, agents, permittees, lessees, and contractors to temporarily place equipment upon the property when reasonably necessary for the purpose of maintaining, repairing, inspecting or constructing upon GRANTOR's property. 13. Ifi is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. 14. The terms of this agreement are subject to the rights of the State of Minnesota contained in Agreement between Hennepin, Carver and McLeod County Regional Railroad Authorities and the State of Minnesota dated December 23, 2002 (MnDot Agreement No. 84001, HCRRA No. A06072) and Mortgage of Hennepin County Regional Railroad Authority to the State of Minnesota (HCRRA No. A06062) dated November 14, 2002. 15. This easement agreement and the rights and obligations of GRANTEE contained i herein shall not be assigned to or assumed by others without the express written consent of GRANTOR. This instrument is exempt from the Minnesota Deed Tax. THIS PORT[ON OF THE PAGE INTENTIONALLY LEFT BLANK i 5 STATE OF MINNESOTA COUNTY OF HENNEPIN by } ss } d before me this f�J day of , 200� Board of Commissioners, Hennepi ounty Regional Railroad Authority, a polit'��ubdivision and local State of Minnesota, on behalf of the Authority. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) t unit under the laws of the he foregoing as kn ledged before me this JiL Qay of , 200 by .j aDeputy / Executor, Hennepin County Reg' . al Railroad Authority, a political subdivision and local government y it under the laws of a State of Minnesota, on behalf of the Authority. / _ Notary OUNTY OF HENNEPIN%u The foregoing was acknowledged before me this %?""day of �� (y 200 7 , by Tgo,-Ps /Itl. WA.4-e. _ and. �on.�(� ,('; rytdorgr_ , the Mayor, and City Administrator, of the City _of Orono, a Minnesota municipal corporation, on behalf of said. municipal. corporation. IINDA S. VEE NOTARY PUBLlC - MINNESOTA My Commission Explres Jan. 31, 2010 7 Notary Public distance of'268.6 feet to a point in the Northerly line of said right of way of the Great Northern Railway Company which point is 175 feet Northeasterly measured along the Northerly line of said Railway right of way from initial point of commencement; thence Southwesterly along said Northerly right of way line 35 feet; thence Northwesterly in a straight line 263.2 feet to the actual point of beginning; also including all that part of Lot 1 said Block 2, lying between the, Northwesterly line of the premises herein above described and the shore of Lake Minnetonka and between the Northerly extension of the Northeasterly and Southwesterly side lines of the premises herein above first described, which lies wes#erly of the east line of Government Lot 6, Section 17, Township 117 Range 230 3215 Crysfial Bay Road i 17-117-23-41-0010} - Torrens Certificate No. 764105 That part of Lo# 1, Block 2 and of that part of Northern Avenue now vacated, Townsite Of Langdon Park, described as follows to -wit: Commencing at the point of intersection of the Nartherly tin® of the right of way of the Grea# Northern Railway Company with the Southerly extension of the dividing line between Lots 1 and 2 in said Block 2, Townsite of Langdon Park; thence Northwesterly along the dividing line between said Lots 1 and 2 and same extended, a distance of 213.14 feet; thence Northeasterly deflecting right at an angle of 82 degrees 55 minutes from last described course, a distance of 180 feet to the actual point of beginning of the tract of land to be described; thence continuing .from said actual point of beginning Northeasterly on an extension of said last described line, a distance of 60 feet; thence Southeasterly In a straight line 263.2 feet to a point in the Northerly line of said right of way of the Great Northern Railway Company, which point is 140 feet Northeasterly measured along the Northerly line of said railroad right of way from initial point of commencement; thence Southwesterly along said Northerly right of way line 35 feet; thence Northwesterly in a straight Line 2473 feet to the actual point of beginning. Also including all that part of Lott in said Block 2 lying between the Northwesterly line of the premises hereinabove described and the shore of Lake Minnetonka and between the Northerly extension of the Northeasterly and Southwesterly side lines of the premises hereinabove first described. 3235 Crystal Bay Road17-23-41-0009} - Torr�ns Certificate No. 1.159572 Par 1: That part of Lot 1, Block 2, Townsite Of Langdon Park including a portion of Northern Avenue, now vacated, described as follows: Commencing at the point of intersection of the Northerly line of the right-of-way of the Great Northern Railway Company with the Southerly extension of the dividing line between Lots 1 and 2 in said Block 2, Townsite of Langdon Park; thence Northwesterly along the dividing line between said Lots land 2 and same extended, a distance of 213.14 feet; thence Northeasterly deflecting right at an angle of 82 degrees 55 minutes from last described course, a distance of 90 feet to the actual point of beginning of the tract of land to be described; thence continuing Northeasterly on the extension of said last described line a distance of 30 feet, thence Southeasterly in a straight line 234.2 feet to a point in the Northerly EJ • j y 1 line between•Lots 1 and 2 in sdia Block 2, Townsite of Langdon Park; thence northwesterly along the dividing line between said Lots 1 and 2 and same extended, a distance of 213.14 feet, thence northeasterly deflecting right at an angle of 82 degrees 55' from last described course, a distance of 60 feet; thence southeasterly a distance of 223.2 feet to a point in the northerly line of said right of way of the Great Northern Railway Company which point Is 35 feet northeasterly measured along the northerly line of said railway right of way from the initial point of commencement; thence southwesterly along said northerly right of way line to the point of beginning, also including all that part of Lot 1 in said Block 2, lying between the northwesterly line of the premises hereinabove described and the shore of Lake Minnetonka and between the northerly extension of the northeasterly and southwesterly side lines of the premises hereinabove first described. Together with all riparian rights, accretions and relictions appurtenant to the above described tract of land. 3265 Crysfial 526358 Bay Road (17-117-23-41-0014} -Torrens Certificate No. The Northeasterly 60 feet of Lo# 2, Block 2, in the Townsite Of Langdon Park, together with that part of Northern Avenue vacated abutting upon said described premises in the rear lying between the extensions of the Easterly and Westerly side lines of said tract. 3285 Crystal Bay Road (17-117-23-41-0015} -Torrens Certificate No. 815588 The Southwesterly 60 feet of Northeasterly 120 feet of Lot 2, Block 2, and the Southwesterly 60 feet of the Northeasterly 1$0 fee# of !ot 2, Block 2, ail in the Townsite Of Langdon Park, including that part of Northern Avenue vacated lying between the extension of the Easterly and Westerly side lines of said tract:. 3295 Crystal Bay Road (17-117-23-41-0013} -Torrens Certificate No. 495206 and Abstract That part of Lot 2, Block 2, Townsite Of Langdon Park lying Southwesterly of the Northeasterly 180 feet thereof, according #o the plat thereof on file or record in the office of the Registar of Deeds in and for said County, together with that part of Northern Avenue vacated abutting upon said described premises in the rear lying between the extensions of the Easterly and Westerly side lines of said tract. The unnamed street adjoining Lot 1, Wallace's Addition to the Village of Minnetonka Beach, which 11 Agreement No. 73-37379 It1-al 1_ . The northerly 25 feet of that part of the Hennepin County Regional Railroad Authority property formerly known as "Dakota Rail' in Government Lot 6, Section 17, Township 117, Range 23 which lies westerly of the east line of said Government Lot 6 and easterly of the southerly extension of the west line of Lot 1, "WALLACE'S ADDITION TO THE VILLAGE OR MINNETONKA BEACH". 13