The URL can be used to link to this page

Home My WebLink About1998-05-20 PACKET 04.F.REQUEST OF CITY COURICiL ACTION COUNCIL A�ENDA IViEETING ITEM # QATE 5/20/98 _�_�. PREPARED BY Public Works Jahn Fredrickson ORIGINATING DEPARTMENT STAFF AUTHOR +� e x<�,t � e e w r: �,e x x+ a a a t�>�+ tr + x e+�>�.t t x x z :e x t r:� w� x�� COUNCIL ACTION REQUEST Approve trailway easement agreement with iNr. Bruce Johnson, fee owner, of Lot Two (2}, Block One (1), of the Thompson Grove's Fifth Addition. BUDGET IMPLICATION $ $ BUDGETED AMOUNT ACTUA� AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY � PUB�IC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICESlRIGHTS ❑ ECONOfVIIC DEV. AUTHORITY ❑ �: REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS � MEMO/LE7TER: John Fredrickson ❑ RES(7LUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: � IEGAL RECOMMENDATIO(V: Jack Clinton Memo - tvlay 4, 1998 � OTHER: Agreement a�d Deed Iel 71 � 1 P► ! G' i�:7_r � �7 : Z.Y K�7 � L I � i i�� t[.' '' 7 i t � -- -�- --_ ��'1�1� City Administrator Date .�.�«.��.�,��.,�.��>��,�z.��<,,,��>.��,<�.� CC7URlCIL ACTIC7iV TAI4�N: [_j AF'F�RC7VEd ❑ DENIED ❑ C7TNER � i � ► � 1t TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JOHN FREDRICKSON SUBJECT: HAMLET PARK TRAI� �AND ACQUISITION DATE: MAY 12, 1998 Discussion For nearly two years, the City has been negotiating with Mr. Bruce Johnson, fee owner of Lot Two (2) Block One (1) of the Thompson's Grove 5 Addition, for a trail easement along the rear lot line of his property. This parcel of property abuts Hamlet Park and was the missing link for the compietion of a two (2) mile bituminous pathway system around the wetlands. Through continued verbal and written correspondence, Jack Ciinton was ab{e to successfuliy negotiate an agreement (attached) for the City. in order to finalize the deal, the City must sign the Agreement which provides Mr. Johnson with the following: • Cash payment of Three Thousand Five Hundred Doliars ($3,500) • Appraisai reimbursement of Five Hundred Doliars ($500) • Instailation of five (5) foot rear yard fence with service gate Council Action Requested Staff requests Council approval of Trailway Easement Agreement with Mr. Bruce Johnson, as negotiated by Jack Clinton. This issue is being placed on the May 20, 1998 City Council agenda for your consideration and action. FLUEGEL, MOYNIHAN & CLINTON, P.A. Attomeys At Law Donald J. Fluegel " 1303 South Frontage Road, Suite 5 Yelephone 612-438-9777 Shawn M. Moynihan Hasrings,!�LN 55033-2477 Fax 612-438-9775 Jack W. Clinton "* Joan M. Fluegel May 4, 19-98 Ms. Cazon M. Stransky City Clerk City of Cottage Grove Cottage Grove City Hall ?516 80th Street South Cottage Grove, MN 55016 Re: Hamiet Park Trail Land Acquisition Dear Caron: Pursuant to the Agreement that was previously approved by the City Council, Mr. Johnson signed the Trailway Easement Deed in order to complete the trail for Hamlet Pazk. I am enclosing the original Agreement betv✓een Mr. Johnson and the City. I am requesting that you and Jack Denzer sign the Agreement and retum a copy to me for my records. I am aiso enclosing a copy of the Trailway Easement Deed that is being recorded with the County Recorder's Office. I will forwazd a recorded copy of the Deed upon my receipt of the same. If you have any questions, please let me know. Very truly yours, fu [i3'1►1 i :7:V ��'�I Kil►l� �I_�I �„/�v JACK JWC:cIj CCG13188-0009 Enclosures cc: Mr. John Fredrickson ' Also admitted to pracrice in Wisconsin i PrnnPrhv T a�,v Snarialicf hv MinnccMa � AGREEMENT � This Agreement, made and entered into on the �' day of _- � ��_, 1998, by and between the City of Cottage Grove, a municipal corporation, (hereinafter the "City"), and Bruce Richazd Johnson (hereinafter "Johnson°). it� l. Johnson is the fee owner of Lot Two (2), Block One (1), THOMPSON'S GROVE Sth ADDITION, (hereinafter the "Property"). 2. That the reaz portion of the Property is not fenced. 3. That the Ciry has a utiliry and drainage easement over the northeasterly thirty (30) feet of the Property. 4. The City is constructing a bituminous pathway and needs to obtain the northeasterly twenty-five (25) feet of the Property for a traiiway easement for Hamlet Park that will be within the existing thirty (30) foot utility and drainage easement. S. Johnson is wiliing to grant the trailway easement to the City on the terms and conditions hereinafter set forth. NOW, THEREFORE, IT I3 HEREBY AGREED by and between the parties hereto as foi?ows: 1. That Johnson will grant the City a public trailway easement across the northeasterly thirty (30) feet of the Property. 2. In consideration of the foregoing, the City shall: a) Pay Johnson the sum of Three Thousand Five Hundred and 00/100 Dollazs ($3,500.00). CITVICI VIL10tWSON.AGR/4-10.98 b} Reimburse Johnson his actuai appraisal fees incurred, up to the statvtory limit of Five Hundred and 00/100 Dollars ($500.00). c) Anange for the installation and payment for a chain-link fence to match the type and height of the chain-link fences on adjacent properties. In consideration of the City's performance of the items specified in paragraph 2 above, Johnson agrees to execute a Trailway Easement Deed for Hamlet Park irail in favor of the City, and hereby releases the City from any other claims relating to the acquisition of the land for the Hamlet Pazk Trail. CITY OF COTTAGE GROVE : John D. Denzer, Mayor Attest: � Cazon M. Stransky, Clerk - 1 � � �� _ �' )t �!i ��-�///I�GV' Bruc 'c Johnson This Instrument was Drafted By: Fluegel, Moynihan & Clinton, P.A. 7ack W. Clinton 1303 South Frontage Road, Suite #5 Hastings, MN 55033 612-438-9777 CtTY/C1VN10fQiSON.AGR/410.98 TRAILWAY EASEMENT DEED � 1 �'� �� i 945, by and betwaen Bruce This indenture made this � day oi , i , Richard Johnson, (hereinafter the "Landowner"), and the City of Cottage Grove, a Municipal corporation, (hereinafrer the "Ciry"). WITNESSETH: The Landowner, in consideration of One and no/100 Dollar ($1.00) and other consideration, to him in hand paid by the City, receipt acknowledge, does grant, bargain, quit claim and convey unto the City, its successors and assigns, forever, an easement for public trailway purposes over, under and across that tract or parcel of land lying and being in the County of Washington, State of Minnesota, described as follows, to-wit: The Northeasterly Twenty-five (25) feet of Lot Two (2), Block One �'.), TH�MPSON'S GRG�VE Sth ADDITION,.according to the piat thereof on file and of record in the office of the Registrar of Titles within and for said County. The purpose of this easement is limited to the City's construction of a walkway not to exceed eight feet (8') in width for pedestrian use by the public, and not for public use of motorized vehicles of any kind, and to allow for the construction, maintenance and repair of the same. The City has the right to use motorized vehicles in connection with the construction, maintenance and repair of the walkway. To have and to hold the same, together with all of the hereditaments and appurtenances thereunto belonging, or in anyway appertaining, to the City, its successors and assigns forever. In testimony whereof, the Landowner has hereunto set his hands the day and year first written above. STATE OF MINNESOTA ) )§ ACKNOWLEDGMENT COUNT'Y OF WASHINGTON ) On this }� Y day of � R��- , 1998, before me a notary public within and for said County, personally appeared Bruce Richard Johnson, by me duly sworn, did say that he executed the foregoing instrument as his free act an� State Deed Tax Due Hereon: None. This instrument was Drafted By: Fluegel, Moynihan & Ciinton, P.A. Jack W. Clinton 1303 3outh Frontage Road, Suite 5 Hastings, MN 55033 (612) 438-977'7 JOHN W. CLINTON NOTARY Ptl6LJC - MINNESOTA WASHINOTON COUNTY My Ja uery 31n2EQx�ptree