HomeMy WebLinkAboutrequest for council action/dakota trail easement ' /tem#04-CC Agenda-07/09/07
Dakota Rail Corridor Driveway Easement-Assessment Nearing[Page 1 of 19J
REQUEST FOR COUNCIL ACTION
�?ATE: July S, 2007
ITEM N�: �t
1
Degartment Approval: Administrator Reviewed: Agenda �ection:
Name Ronald J.Moorse City Administrator's Report
Tifle City Administrator
Item Description : Assessment Heari for Dakota Rail Driveway Easernent-Resolution
Seven properties on Crystal Bay Road have access to their properties from a driveway at the rea.r
of their properties. The driveway is an the Dakota Rail Corridor right-of way, which is owned
by the Hennepin County Regional Railroad Authority. (HCRRA). The HCRRA has agreed to
provide an easement for the driveway to the City at a cost of$84,875. This cost would be
assessed to the benefiting property owners over a 1 S year period. The property owners are aware
of the need for the easement and the cost of the easement.
An assessment hearing is needed to provide an opp�rtunity far public comment prior to making a
decision regarding the adoption of the assessment.
Assessment Hearing
The Mayor opens the assessment hearing and invites questions and comments from the public.
After the opportunity for public comment, the Mayor closes the assessment hearing.
Assessment Appeal Procedure
If a property owner wants to appeal the assessment, a notice of intent ta appeal the assessrnent
must be filed with the Ciry Clerk prior to the hearing or presented to the Mayor at the assessment
hearing.
An appeal must then be filed with the District Court within thirty days after the assessment
hearing.
Staff Recommendation
The staff recommendation is that,if no written natices of an assessment appeal are submitted to
the City at or prior to the assessment hearing, the attached resalution adopting the assessment be
approved. If any written assessment appeals are received,further discussion by the Council is
recommended.
If the assessment is adopted,the Council should also approve the attached easement agreement
with the Hennepin County Regional Railroad Authority.
COUNCIL ACTION REQUESTED
Motion to adopt a resolution adapting the proposed assessment for the Dalcata Rail Driveway
Easement to serve properties on Crystal Bay Road.
Motion to approve the acquisitian of the driveway easement from the Hennepin County Regional
Railroad Authority at a cost of$84,875.
' ltem#04-CC Agenda-07/09/07
Dakota Rail Corrrdor Driveway Easement-Assessment Hearing(Page 2 of!9]
A RES4LUTION ADOPTING THE
DAKOTA RAIL DRIVEWAY EASEMENT ASSE,SSMENT ROLL
WHEREAS, pursuant t�proper notice duly given as required by law, the Council
has met and heard and passed upon all abj ections to the proposed assessment for the acquisition of a
driveway easement in the Dakota Rail right-of-way to serve properties on Crystal Bay Road.
NOW, THEREFORE, BE IT I�;SOLVED, by the City Council of Orono,
Minnesota:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereflf, is
hereby accepted and shall constitute the special assessment against the lands named therein,
and each fract of land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period af 15
years, the first of the installments to be payable on or before the first Monday in January
2008 and shall bear interest at the rate of 6.25%per annum from the date of the adoption of
this assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2008. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
3. The owner of any praperty so assessed may, at any time prior to certification af the
assessment to the County Auditor,pay the whole of the assessment on such property,with
interest accrued to the date ofpayment,to the City Treasiuer,except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
resolutian;and he may, at anytime ihereafter,pay to the City Treasurer the entire amount of
the assessment remaining unpaid,with interest accrued to December 31 ofthe year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged tl�rough Decembar 31 of the next succeeding year. Partial prepayment may be
allowed in accordance with ordinances which are existing or which the City may choose to
adopt in the future.
Page 1 of 2
' Irem+iO4-CC Agenda-07/09/07
Dakota Rail Corridor Driti•e�ra}�Fasement-,�ssessment Hearing[Page 3 of l9J
4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the Coun�ty
Auditor to be extended on the proparty tax lists of the County. Such assessments shall be
collected and paid over in the same manner as other municipal taxes.
Adopted by the City Council of Orono this 9th day of July, 2007.
ATTEST:
Linda S.Vee, City Clerk James M. White,Mayor
Page 2 of 2
Assessment Roll for Driveway Easement on the Dakota Rail Corridor Right-of-Way to Serve Properties on Crystal Say Road -
6J20/2007 Municipal Code: 38
Municipality: ORONO Project Number:
Levy Number: Levy Description:
Total Project Assessnnent: $84,875.00 Interest Rate: 6.25% Number of Years Payable: 15
Total Property Owner's
PID# Principal Property Owner's Name Street Property Address Mailing Address Units
14-117-23 41 0015 $l2,].25.00 Heather 7ohnstone 3285 CrystaI Bay Road P.O.Box 141 1
Minnetonlca Beach,MN 55361
17-117-23 41 0009 $12,125.00 Bradley Bakke 3235 Crystal Bay Road 7101 Lanham Lane 1
Eduaa,MN 55439
17-117-23 4] 0010 $12,125.00 Mark Prueter 3215 Crystal Bay Road 3215 Crystal Bay Road 1
Wayzata,MN 55391
17-117-23 41 0012 $I2,125.00 Mr.&Mrs.William Wolfe 3255 Crystal Bay Road 3255 Crystal Bay Road 1 0
�
Wayzata,MN 55391 A
----- —-- ----- ---— --- p
17-117-23 41 0013 $12,125A0 Mark Zagaria 3295 Crystal Bay Road 1526 21st Avenue NE 1 n
0
Rochester,MN 55906 �
0
— --. _ ---- -- _ t
__---._..__
17-117-23 4 J, 0014 $12,125.00 Mr.&Mrs.LeRoy Erger 3265 Crystal Bay Road 3265 Crystal Bay Road 1 �
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Wayzata,MN 55391 ,�
___ -- -- m
17-I 17-23 41 0016 $12,125.00 Kathleen Melin 3309 Crystal Bay Road 33Q9 Crystal Bay Road 1 �
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Wayzata,MN 55391 �
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$84,875A0 7 � �
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' , � , Item R04-CC Agenda-07/09/07
" Dakota Rail Corridor Driveway Easement-Assessment Hearing[Page 5 of!9J
Agreement No. 73-37379
ALLEY EASEMENT AGREEMENT
TH1S EASEMENT AGREEMENT made an this day of ,
2Q , by and between the Hennepin County Regional Railroad Authority (HCRRA), a political
subdivision and local government unit, under the laws of the State of Minnesota (hereinafter
referred to as "GRANT�R"}, and the City of Orono, a municipal corporation under tf�e (aws of
the State af Minnesota, (hereinafter referred fio as "GRANTEE").
WITNESSETH:
WHEREAS, GRANTOR is the owner of certain right of way (by fee, easement, license,
joint use agreement, governmental grant or ofiher interest) located in the County of Hennepin,
State of Minnesota, commonly referred to as the Dakota Rail Carridor (herernafter referred ta as
"Corridor"), formerly owned by the Burlington Northern Railroad Company anci Dakata Rail, Inc.;
WHEREAS, GRANTOR acquired the Corri�ior for transportation purposes, including
without limitation, rail, bus, bicycle and foot travel, for the location of communication facifities,
including fiber aptics fines, and for other future transportation uses;
WHEREAS, GRANTEE maintains that certain public roadway, generally known as Crysfial
Bay Road locafied in �the City of Orono. Crystal Bay Road connects to that certain public
raadway in the Crty af the Village of Minnetonka Beach generally known as Northview Raad.
Both pubfic raadways are located in the vicinity of the Corridor,
WHEREAS, Seven (7) single family residences are ]ocated in the City of Orono facing
Crystal Bay Raad to the north ancf the Corridor to the south on those certain parcels af land
Iegally described in Exhibit A (hereinafter referred ta as "Aliey Access Parcels"}. Traffic from
the south lot fines of the Alley Access Parcels currently access Northview Road by encroaching
upon a portion of GRANTOR's Corridar that runs upon and is parallel fio the Corridor.
WHEREAS, GRANTEE has r�quested and GRANTOR has agreed to grant to GRANTEE a
nonexclusive public alley easement over fihat portion of the Corridor iegally described on
"Exhibit B" {}�ereinafter referred to as the "Easement Area") for ingress and egress from
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Dakota Rail Carridor Driveway Easement-�tssessment Hearing[Page 6 of 19J
Northview Road to the Alley Access Parcels for such time that such access is consistent with
GRANTOR's current and future intended use of the Corridor;
WHEREAS GRANTEE wishes to make certain guarantees to GRANTOR in exchange for
the grant of easement.
NOW THEREFORE, GRANTOR and GRANTEE agree to the fallowing:
1. GRANTOR, in consideration of the sum of Eighty Four Thousand Eight Hundred
Seventy Nine and 8�/140 Dolfars i$84,879.81), the "Cost" of this easement, and other gaod
and vaivable consideration to GRANTOR from GRANTEE, receipt of which is acknowledged,
grants unto GRANTEE, a nonexclusive easement for a public alley (he�einafter referred fio as
"Alfey"} over that portion of the Carridor legally described on "Exhibit B" {hereinafter referred to
as the "Easement Area") and depicted on "Exhibit C" for ingress and egress from the south lot
lines �f the Alley Access Parcels to Northview Road for such time that such access is
consistent with GRANT�R's current and future intended use of the Corridar as determined by
GRANTOR in its sole discretion. Included in this grant of easement is the right to construct,
maintain and sign the Alley, in such manner that does not conflict with GRANTOR's use of the
Corridor as sole y detet'mined by GRANTO�i, and as limited by the terms of this easement
agreement.
2. Said easement shall be limited solely to providing public access for up to seven (7}
noncommercial seasonaf recreational or homesfiead single family residences, located on the Alley
Access Parcels as those parcels are currently configured. The easement shall expire
aufiamatically if use of the Alley Access Parcels changes. The Alley shall have a passage way
of not wider than twenty-five {25) feet and shalf be located fufly within the Easement Area.
Upon expiration or other termination of this easement, GRANTEE shall deliver ta GRANTOR a
release af easement suitable for recordation.
3. This easement is granted with the understanding that plans for the segmant of the
CorrEdor affected by this grant of easement are only preliminary. GRANTOR reserves the right
without further consideratian, at GRANTEE's sole expense, upon two hundred seventy (270)
days written notice from GRANTOR to GRANTEE, to terminate the easement and requira
removal of any AIley improvements or ta require refocation or modifiication of the Alley, if
GRANTOR determines that doing sa is necessary for implementation of alternate uses on the
Corridor. Such uses shafl include, without limitation, operations, changed ope�ations or planned
operations of any current or future transportation system for rail, bicycle or foot travel or any
other pubfic use; and shali include, witF�out fimitation, renewal, replacement, repair, alteration or
construction of firacks, bridges, culverts, thruway faciiities, structures, propert[es, facilities and
appurtenances. In the event GRANTEE fails to so relocate, alter, change, or remove the Afley
within two hundred seventy (270) days after notice, GRANTOR may remave, alter or refocate
such Alley at GRANTEE`s expense, or terminate the easemenfi.
ln the event that GRANTOR, a# GRANTOR's initiative other than as a consequence of
GRANTEE default, causes the termina#ion of this easement at any time within Ten (10) years of the
commencement date of this easement, GRANTOR shall reimburse GRANTEE for the Cost of this
easement as folfows: GRANTOR shall pay to GRANTEE the Cost of fhis easement less ten per cent
('iD%} per year, or partiaE year, that has passed since the commencement date of tl�is easement_If
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Dakota Rail Con�idor Driveway Easement-Assessment Hearing[Page 7 of l 9J
GRANTOR requires that the Aliey, or portion ofi Alley, be changed, altered, or removed for any
reason, GRANTEE shall deliver to GRA(VTOR a release of the easement, or a release of a portion
of the easement as appiicable, suitable for recardation.
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 ar termination as a part of the
consideration for the granting of this easement. The granting af this easement shall not be
deemed a dedication by statute or common law, nor shall continued use and maintenance af 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, shaEl be responsibfe for all maintenance (including without
limita#ion, trash and snow removal, weed control and removal of diseased, dead or hazardous
trees), all permitted improvements, special assessments and afl cosfis related thereto, and all
other casts related in any other manner to use of the Easement Area or any required relocation
of the Afiey ar termination of the easement.
GRANTEE, and not GRANTOR, shall be responsible for the payment, if any, of relocation
benefits or casts or just compensation due to fhird partiss resufting from fiermination of the
easement rights granted by this agreement. Notwithstanding the foregoing, this easement
agreement is not intended to create rights in fihird party beneficiaries other than that fio 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 fihe Corridor
for transportation or other public purposes except with consent of GRANTOR which consent
shall not be unreasanably withheld. GRANTEE'S use of the Easement Area is subservient to all
federal laws and regulatians governing rail aperations on the Corridor.
5. Prior to construction of any madification or re{ocation of the Ailey, GRANTEE shall
submit its plans to GRANTQR for review and comment. GRANTOR reserves the right to reject
any p{ans for construction proposed by GRANTEE on the grounds, in GRANTOR's so(e
discretion, thaf 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 ta furnish, at GRANTEE's or its contractors' expense,
such f[agging as GRAfVT�R 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 righis granted herein shall be effective upon fu11 execution of fihis Agreement
subject to the rights of thase certain parties identified in section 14.
7. GRANTEE agrees to indemnify, defend and hold GRANTQR and its o#ficers, directors
and employees harmless firom and against all liabi(ity, lass, cost, damage or expense of every
nature incfuding, without limitation, attorneys' fees, whether or not suit be brought, resulting
from injury to or death of persons ar loss or destruction to property which arises out of or in any
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� � Dakota Rai[Corridor Driveiaay�Easement-Assessment Hearing[Page 8 of l9J
way is connected with or incicient to the exercise of GRANTEE'S rights on, over, and across the
Easement Area. Notwithstanding the foregoing, this provision is not intended to waive
GRANTOR's ar GRANTEE's statutory and common-law rights ta limitations and defense on
liability.
8, GRANTEE hereby covenants and warrants that i# shall not use, employ, deposit,
store, dispose of, place or otherwise refease on the Easement Area, in connection with the
exercise of its rights under this Easement, any hazardous substance, hazardous waste or
pollutant or contaminant as such terms are defined under any federal, state or local statute,
ordinance, rufe, code or regulation, nor shall it create or permit any condition on the Easement
Area that could present a threat to human health ar #o the environment. GRANTEE agrees to
indemnify defend and hofd GRANTOR and its successars and assigns harmless against any and
al{ liability, loss, cost, damage or expense resulting from or cfue to the release of or threatened
release of hazardous substances, hazardous wastes or any pollutants or contaminants or any
other ertvironmentally regulated materials, including petroleum products and the various
constituents thereof, which were, or are claimed or alleged to have been used, employed,
deposited, stored, disposed of, placed or otherwise releasad on or from the Easement Area by
GRANTEE, its employees, agents, cantractors ar representatives. Natwithstanding the
foregoing, this provision is not intended to waive GRANTOR's or GRANTEE's statutory and
common-law rights to limitations and defense on Iiability.
9. GRANTOR reserves the right to use and occupy the Easement Area and sha[I have the
right to agree fio ofiher occupatians of the Easement Area by one or more persons or firms,
provided, however, such uses shall not unreas�nably interfere with the easement rights granted
hereunder.
10. GRANTEE, and not GRANT{�R, is responsible at its sole cost for the design,
construction and maintenance af the Alley, including the instalfation and maintenance of
advance warning signs and pavement markings in accordance with the Minnesota Manual on
Uniform Traffic Contro[ Devices (MMUTCD) as may be needed at present or in the #uture due to
GRANTOR's adjacent use of the Corridor.
11 . This grant of easement is conditioned upon the premise that �se of the Alley and
exercise of the rights granted under this-Agreement shal[ not adversely affect future
transportation uses and other use of the Corridor for transportation purposes including without
limitation, rail, bus, bicycle and foot travel, for the location of communication facilities, incEuding
fiber optics and for other future transportation uses or other future public uses,
12. The rights herein granted are subject to existing rights of way, whether or not of
record, for highway, roads, railraads, pipelines, canals, IateraIs, ditches and fiiber optic, electrical
or other transmission lines, and should it, at any time, become necessary because of
GRANTEE's use of the Easement Area to relocate any of said facilities k�y reason of GRANTEE'S
exercise of the rights granfied herein, GRANTEE, and not GRANTOR, shal] bear and pay the cost
of so doing.
GRANTEE akso accepts said Easement Area subject to any want or failure at any time af
GRANTOR's title to said Easement Area or any part thereof and GRANTEE sha[f assume any
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Dakota Rail Corridor Driveway Easement-Assessment Hearing[Page 9 of 19J
damages sustained by GRANTEE in connection therewith. GRANTEE afso accepts such
Easement Area subject to rights of any party, including GRANTOR, in and to any roadways,
easements, ieases and permits, whether granted, at GRANT�R`s sale discretion, either prior to
or after the date of this Easement Agreement except that any subsequent grant shall not
unreasanably interfere with GRANTEE'S use o# the Easement Area.
GRANTEE agrees to provide to GRANTOR or other tenants of GRANTOR access over
across, and thraugh the Easement Area shouid 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 reasonabiy necessary to wa�ic
upon said Easement Area to repair adjacent property and the right of GRANTOR, its employees,
agents, permittees, lessees, and cantractars to temporarily place equipment upon the property
when reasonably necessary for the purpase of maintaining, repairing, inspecting or constructing
upon GRANTOR's property.
13. It 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, adciing to or changing the terms hereof.
14. The terms af 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 Martgage of Hennepin County Regional Railroad Autharity to
the State of Minnesata (HCRRA No. A06062) dated November 14, 2002.
15. This easement agreement and the rights and obligations of GRANTEE contained
herein shall nat be assigned to or assumed by others without the express written cansent of
GRANTOR.
This instrument is exempt from the Minnesota Deed Tax.
THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLARIK
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� Dakota Rail Corridor Drrveway Easement-Assessment Hearing[Page/0 of/9J
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly
executed as of the day of , 20
HENNEPIN COUNTY REGIONAL
RAILROAD AUTHORITY
Reviewed By:
By:
Assistant County Attorney Chair, Board of Commissioners
And:
Deputy/Executive Director
Attest:
Deputy/C[erk of HCRRA Board
CITY OF ORONO
By:
Its: Mayor
By:
fts:
Reviewed By:
By:
City. Attorney fts:
City arganized under:
� Plan A Plan B Charter
This instrument was drafteci by:
Hennepin County Regional Raiiroad Authority
417 North 5"' St., Suite 320
Minneapoiis, MN 55401-1362
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Dakata Rail Corridor Driveway Easement-Assessment Hearing[Page l l of]9)
STATE OF MINNESOTA ) "
? ss
C�UNTY OF HENNEPIN }
The foregoing was acknowfedged before me this day af , 200 ,
by , Chair, Board of Commissioners, Hennepin County Regional
Railroad Authority, a political subdivisian and local government unifi under the laws of the
State of Minnesota, on behalf of the Authority.
Notary Public
STATE OF MINNESOTA }
) ss
COUNTY OF HENNEPIN }
The foregoing was acknowledged before me this day of , 200 ,
by , Deputy / Executor, Hennepin Counfiy Regional Railroad
Authority, a political subdivision and local government unit under the laws of the State of
Minnesota, on behalf of the Authority.
Notary Public
STATE OF MINNESOTA }
J ss
COUNTY OF HENNEP[N }
The foregoing was acknow{edged before me this day of 200 ,
by and , the Mayor, and City
Administrator, of tFie City of �rono, a M�innesota murticipal corporation, on beha[f of said
municipal corporation.
Notary Public
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Dakota Rail Corridor Driveway Easement-Assessment Kearing[Page 12 of 19J
Agreement No. 73-37379
EXHIBIT A
LEGAL DESCRfPTION
ALLEY ACCESS PARCELS
3205 Crystal Bay Road (17-117-23-41-0091) - Part of Torrens Certificate No.
658385
All that part of the folfowing described property:
Par 1:
That part of Lot 1, BEock 2, Townsite Of Langdon Park including a portion of Northern
A�enue, now �acated, described as fiollows: Commencing at the point of intersection of the
Northerly line of the righ# of way of the Great Narthern Railway Company with the Southerly
extension af the di�iding iine between Lots 1 and 2 said Slack 2; thence Northwesteriy
along the dividing line between said Lots 1 and 2 and same extended a distance of 213.14
feet; thence Norti�easterly deflecting right at an angle af 82 degrees 55 minutes from the
East described course a distance of 240 feet; thence cantinuing Northeasterly deflecting right
at an angle of 'I Z degrees 12 minutes from the fast described course a distance of 60 feet to
the actual point of beginning af the tract of land #o be described; thence continuing from
said actual point of beginning Northeasterly on the extension of said last described line a
distance of 44.5 feet to concrete monument meander corner; thence continuing
Northeasterly a distance of 36 feet to a point in the center iine of a pfatted street now
vacated which abuts upon the �asterly [ine of said Lot 1 and which point is 281.35 feet
North of the intersection of the center line of said vacated street with the Northerly line of
the right of way of the Great Northern Raiiway Company; thence Southerly afong the center
line of said vacated street to a point in the Northerly line of said right of way which is 210.8
feet distant from the initial point of commencement measured along the Nartherfy line of
said right of way; thence Sou#hwesterly along the Northerly line of said right of way a
distance of 35.8 feet; thence Northeriy a distance of 268.6 feet to the actual point of
beginning of the tract of land described; excepting however fihe Easterly 7.5 feet thereof;
atso including all that parfi of said Lot 1 lying between the Northwss�e�ly and Northeriy line
of the premises herein before described and the share of Lake Minnetonka and between the
Northerly extension of the Easterly and Southwesterly side lines o# the premises herein
before first describec�.
Par 2:
That part of Lot 1, Block 2, Townsite Of Langdon Park including a portion of Northern
A�enue, now vacated, ciescribed as follows: Commencing at the point o# intersection of the
Northerfy 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 said B{ock 2; thence Nar#hwesterly
along the dividing fine 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 the
last described caurse a distance of 240 feet to the actual point of beginning of the #ract of
land to be ciescribed; thence Northeasterly deflecting right at an angle of 12 degrees 12
minutes from the last described course a distance of 60 fset; thence Southeasterfy a
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Dakota Rail Corridor Driveway Easement-Assessment Hearing(Page 13 of l 9J
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 af said Railway right of way from initiaf point of commencement; thence
Southwesterly along said Northerly right of way tine 35 fee#; thence Northwester}y in a
sfraight line 263.2 feet to the actual point of beginning; also including all that part of Lot 1
saic! Block 2, lying between the Northwesterly line of the premises herein above described
and the share of Lake Minnetonka and between the Northeriy extension of the Northeasterly
and Southwesterty side iines of the premises herein above first described.
which lies westerly of the east line of Government Lot 6, Section 17, Township �17 Range 23.
3215 Crystal Bay Road (17-117-23-41-0010) - Torrens Certificate No.
764105
That part of Lot 1, Block 2 and of that part of Northern Avenue now vacated, Townsite Of
Langdon Park, described as fotlows fo-wit:
Commencing at the point of intersection of the Northerly Iine of the right of way of the Great
Northern Railway Company with the Southerty 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; t�ence Northeasterly deflecting
righf at an angle of 82 degrees 55 minutes from iast described caurse, a distance of 180 feet to
the actuaf 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 6Q feet;
thence Southeasterly in a straight line 263.2 feet to a point in the Northerly fine of said right of way
of the Great Northern Railway Company, which point is 140 #eet Northeasterfy measured along the
Northerly tine of said railroad right of way frorrt ini#ial point of commencement; thence
Southwesterly along saicE Northerly right of way line 35 feet; thence Northwesterly in a straight line
247.7 feet to the actual point of beginning. Also including all that part of E.ot1 in said Block 2 lying
between the Northwesterly line af 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 Road �17-117-23-41-0009) - Torrens Certificate No.
1159572
Par 1: That part of Lot 1, Block Z, Townsite �f Langdon Park including a portion of Nor�hern
Auenue, now vacated, described as follows: Commencing at the point of intersection of the
Northerly Eine ofi the right-of-way of the Great Narthern Railway Campany with the Southerly
extension of the diviciing line between Lots '1 and 2 in said Block 2, Townsite of Langdon Park;
thence Northwesterly along the dividing line between said Lots 9and 2 and same extended, a
distance of 213.14 feet; thence Northeasterfy 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
{and to be describad; thence continuing Northeasterly on the extension of said last described fine a
distance of 30 feet; thence Southeasteriy in a straight iine 234.2 feet to a paint in the Nartherly
9
' , , Item#04-CC Agenda-07/09/07
' ' Dakota Rail Corridor Driveway Ease�rrent-,4ssessment Hearing[Page 14 of!9J
[ine of said right-o#-way of the Great Northern Railway Company distant 7Q feet Northeasterly
measured along the Northerly line of said railway right -of-way from the initial point of
commencement; thence Sauthwesterly along said Northerly right-of-way iine 17.5 feet; thence
NorthwesterEy in a straight line to the actual poin# of beginning; also including alE 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 Northerfy extension of the Nartheasterly and
Southwesterly side tines of the premises hereinabove first described.
Par 2: That part of Lot 1, Block 2 and of that part of Northern Avenue vacated, Townsite of
Langdon Park described as follows: ,
to wit:
Commencing at the point of intersection of the Northerly line of the right of way o#the
Great Northern Railway Company with the Southerly extension of the dividing line between Lo#s 1
and 2 in said 6lock 2, Townsite of Langdon Park thence Narthwesterly along the dividing line
between said Lots 1 and 2 and sam� extendecE, a distance of 293.14 feet; thence Northeasterly
deflecting right at an angle of $2 degrees 55 minutes from last described course, a distance of 12U
feet to the actual poin# of beginning of the tract of land ta be described; thence continuing from
said actual point �f beginning Northeasterly on the extension of said last described line, a distance
of 60 feet; thence Southeasterty in a straight line 247.7 feet to a point in the Northerly line of said
right of way of the Great Northern Railway Company, which point is 105 feet Northeasterly
measured along the Northerly line of said railroacf right of way from the initial point of
cammencement; thence Southwesterly along said IVortherfy right of way line 35 feet; thence
Northwesterly in a straight tine 234.2 feet to the actual point of beginning. Also including all that
part of Lot 1 in said Block 2 lying between the Northwesterly line of the premises hereinabove
descrbed and the shore of Lake Minnetonka and between the Northerly extension of the
Northsasterly and Southwesterly side lines of the premises hereinabove first described.
3255 Crystal Bay Road (17-'I 'i 7-23-41-0012} -Torrens Certificate Nos.
506207.5 and 422863
That part o# Lot 1, Block 2, Townsite Of Langdon Park including portion of Northern Avenue, now
vacated, described as fol{ows: Commencing at the point of intersection of the Northeriy iine of the
right af way of the Great Northern Raiiway Company with the southerly extension of the di�iding
line between Lots 1 and 2 in said Block 2, Townsite of Langdon Park; thence northwesterly along
the dividing [ine between said Lots 1 and 2 and same extended, a cfistance of 213.74 feet; thence
northeasterly deflecting right at an angle of 82 degrees 55 minutes from kast described course, a
distance of 60 feet to the acfival point of beginning of the tract of tand to be described; thence
continuing from said actual point of beginning northeasterfy on the extension of said East described
fine, a distance of 30 feet; thence southeasterly in a straight line to a point in the northerly line of
said x+ght of way af the Great Northern Railway Company, which point is 52.5 feet northeasterly
measured along the northerly line of said railway right of way from the initial point of
commencement; thence southwesterly alang said northerly right o� way [ine 17.5 feet; thence
northwesterly in a straight line 223.2 feet ta the actual point of beginning; also including all that
part of Lot 1 in said Block 2 lying between #he northwesterly line of the premises hsreinabove
described and the shore of Lake Minnetonka and between the nartherly extension of the
northeasterly and southwesterty sicie lines of the premises hereinabove first described.
That part of Lot 1, Block 2, Townsite of Langdon Park including portion of Northern Avenue, naw
vacated, described as faltows: Commencing at the point of intersection af the Northerly line of the
right of way of the Great Northern Railway Company with the southerly extension of the diviciing
10
� , Item#Od-CC Agenda-07/09/07
� Daknta Rail Corridor Driveway Easement-Assessment Hearing�Page I S of 19J
line between Lots 1 and 2 in said Block 2, Townsite of Langdon Park; thence northwesterly along
the dividing line between said l.ots 1 and 2 and same extended, a distance of 213.14 feet; thence
northeasterly deflecting right at an angle of 82 degrees 55' frem last descri6ed course, a distance
of fi0 feet; thence sautheasterly 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 fee# northeasterfy measured
along the northerly fine of said railway right of way from the initia[ point of commencement; thence
southwesterly along said northeriy right of way line to the point of beginning; also including all that
part of Lpt 1 in said Block 2, iying between the northwesterly line of the premises hereinabove
described and the shore of Lake Minnetonka and between the nartherly extension of the
northeasterty and southwesterly side [ines of the premises hereinabove first described. Together
with all riparian rights, accretions and relictions appurtenant to the above described tract of land.
3265 Crystal Bay Road (17-117-23-41-0014) - Torrens C�r#ificate No.
526358
The Northeasterly 60 feet of Lot 2, Block 2, in the Townsite Of E.angdon Park, together with that
part of Northern Avenue vacated abutting upon said described premises in #he rear fying between
the extensions of the Easterly and Westerly side lines of said tract.
3285 Crystal Bay Road �17-1 '17-23-4'i-001�} - Torrens Certificate No.
815588
The Southwesterly fi0 fest of Northeasterly 120 feet of Lot 2, Block 2, and the Southwesterly 60
fee# of the Northeasteriy '180 feet of Lot 2, Blocfc 2, al{ in the Townsite Of Langdon Park, including
that part of Narthem 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 Abstracfi
That part of l.ot 2, Block 2, Townsite Of Langdon Park lying Southwesterly o# the Northeasterly
780 feet thereof, according to the plat thereof on file or recorci in the office of the Registar of
Deeds in and far said County, together with that part of Northern Avenue vacated abutting upon
said ciescribed premises in the rear fying between the extensions of the Easterly and Westerly side
lines of said tract.
The unnamed street adjoining Lot 1, Wallace's Addition to fihe Village of Minnetonka Beach, which
1 'f
- � Item#04-CC Agenda-07/09/07
Dakota Rail Corridor Dril�eway Easement-Assessment Hearing[Page 16 of l9]
was �acated by the Village of Orono on October 15, 1969 which resolution is filed as Documant
No. 3799722 in the Office of the Register of Deeds in and for Hennepin County, Minnesota, except
that part of said unnamed street lying Southwesterly of a line drawn from a point on the
Southeasteriy Iine of said vacated street distant 10 feet Northeasterfy from the most Southerly
corner of said vacated street, to a point on the Southwesterly line of said vacated street distant
113.91 feet Northwesterly from said most Southeriy corner.
3309 Crystal Bay Road (17-117-23-4'1-Q016) - Abstracfi
l.ot 1, Wa(lace's Addition to the Village of Minnetonka Beach, together with a portion of vacated
street fying Northeasterly of and adjacent to said lot described as fo[lows: That part of said vacated
street Eying Southwesterly of a line drawn from a point on the Snutheasterly line of saici �acated
street distant 10 feet Northeasfieriy from the most Southerly corner of said vacated street, to a
paint on the Southwesterfy iine of said vacated street distant 113.91 feet Northwesteriy from said
most Southerly corner.
12
� `. Item#04-CC Agenda-07/09/07
Dakota Rail Corridor Driveway Easement-Assessment Hearing[Page 17 of 19J
Agreement Na. 73-37379
EXHIBIT B
LEGAL DESCRIPTION EASEMENT AREA
The northerly 25 feet of that part af the Hennepin County Regionat Rai[road Authority property
formerly known as "Dakota RaiE" in Government Lot 6, Section 17, Township 117, Range 23 which
lies westerly af the east line of said Government Lot 6 and easferly of the southerly extension of
the west line af Lot 'f, "WALLACE'S ADDITION TO THE VILLAGE OF MiNNETONKA BEACH".
13
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. flrui�:OJ-('c'.4�endn-II�•I19:11�
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i
i
fli�_J 't�� i
�XHIBIT C East Line of Gov't Lot 6, 17-117-23—="�� �T �
i�-sn-z3-as-ooii ;
. � ,�c�j» 16-117-23-32-0054 . ��-�1
llEPICTION EASEMENT AREA '' S '" �'' ��„sta'�Y�� -< ;
�_�t , Gy��'�;;�,a; `�' N ;
��, � '
�� 17-117-�-d1-0009 �
' �.�`� .3235 O�ystel �
�v( � �'RwA __ i .
� �(`� \ 17-177-23-41-0012 ,�� 't~ � � � ' •
\ty�, azss aystai edy anaa �•5 _ .
r;_� \, � , �`,:- �'� ,�-_ S �
• ��� � ��- �,�. � / �
� ��_ i
�" � •�� � : • �
� f7-�i17Ysta1�&aly��ae �e�P r"�, - :. i . + i
- � .(`)� 3255 0� �,.y,,,F> ;• ._ ' ��
of�
� � i
•k��� \ tie � � A NOqN 6EARIN6 ON THIS SUAVFY �
� ` Gfe�� � ..�-- / IS GqID NORTH AS BASEO UPON THF �
. �.�--]�� �p �+ ;,,.:,��' '� .�pp MINNESOTA COOFOINATE SYSTEN.
�\ � e� \ � - �_ �i��+Lag�' . � , SOUI'HERN ZONE NAO 19Fi3.
�C (�)° � Q;� Q � � ' .
� \ �
. � /� � i/ � � � �
i
LOt ? %''y/ � .�'��/ �
� 17-317-23-�41-00]5 '1� `` , - i .
3285 Crysrtal 6ay Fload f � �'�_`,^::', �' , . � i
i �� ''.'-„!,:'.� / . . . . .
' �'+'` i:' " - f LEC_�F7m .
>> ' _ •'i i
, ' yca _ ��Z' PROPFATY LINE �
p,�,/ —-- �dT LINE '.
•� PLAT LINE �
/
i
Y�' 17-i]7-23 41-0013 � ��� �� _- o� �P ALLEY EASET�NT LINE �
l, y _ 3755 Crystal Bay Road ,� � ' ti.� �
�� n�=`.� r� "��_��/ ------EASEMENT LINE �
. .
�� . ,
. . : ;
` ^` l, '.,' � �.. _____—.
. TAX OIVTSIIXV LIN[ �
.19lyi � ..� �' i
��� I l � ' �4 �� --'_ RIGNT-0E-MAY l.1NE i
�','_� :� �O� � n� . oE �
`� r� . ti� Cy S[C7ION LINE i .
`�`� _ � �
`� 1 7 1 1 7-2 3-4 1-OOSti �i� � C,�, _ . � 6 U I L O I N G H 4 L L.
� .;t 3709 Gystal BaY�Roetl ���r � ,�l��•�� .
� y`�`' ,:�'.i�'�,� j - ,� �GE OF Wa00S &BPUSH .
��` �'�:a_� CONCRE7E SURFACE �
\ � �'.'�'.--_-��.�'�—_--�'-�"_--".�.--_�—�',---' BITUMINOUS SURFACE j
\ � / �
.P9' `� - � � .
\ $ GRAVEL SUflFACE
_.'�.�:.... `� � �
i ��1 L - - ��� � • OENOTES FOl1N� MONUMENT � ,
�.i� � . � . . . i .
�
' -{�- PaWEP POLE j
�cP�� , _;;::::: °'f` �>>"�/ . i .
- �p6 h.o;- .:.:: -:::'�� . ' Q' FIRt HYORANT �
S ,�,�+ ' e9;;:.' � . . . i .
¢F'��o� yS � � � , �
f7ECI0U0US THEE �
� /
1
i
• , � Item#04-CC Agenda-07/09/07
' Dakota Rail Corridor Driveway Easemenr-Assessment Hearing[Page/9 of 19J
Pursuant to that certain Cooperation Agreement with Hennepin, Carver and McLeod
Caunty Regional Railroad Authorities (HCRRA No. A19361) and that certain Agreement
between Hennepin, Carver and McLead County Regional Railroad Aufihorities and the State of
Minnesota (Mn/Dot Agreement No. 840�1 ; HCRRA 1Vo. A06072? on behalf of their respective
entities, the undersigned do agree to and c�nsent to the Hennepin County Regional Railroad
Authority entering into the foElowing agreement:
CARVER COUNTY REGIONAL MCLEOD COUNTY REGIONAL RAIL
RAILROAD AUTHORITY . AUTHORITY
By: gy:
Date: Date:
HENNEPIN COUNTY REGIONAL MINNESOTA DEPARTMENT �F
RAILROAD AUTHORITY TRANSPORTATION
By: __ By: .
Date: Date:
15