HomeMy WebLinkAbout7A, Resolution 2012-040 - Fox Ridge Trail Easement Vacation I't
,— IQEN HILLS
Request for Council Action 7A _
Prepared By: Meagan Beekman, City Planner Council Meeting Date: November 13, 2012
Resolution 2012-040—Fox Ridge Trail Easement Vacation
Budgeted Amount: Actual Amount: Funding Source:
NA NA NA
Recommendation:
Motion to approve Resolution 2012-040 vacating a portion of a certain trail easement located in
the Fox Ridge Addition on Lot 18, Block 4.
Supporting Documents:
1. Memorandum from Meagan Beekman, dated November 13, 2012
2. Trail Easement Agreement, dated November 1, 2012
3. Resolution 2012-040.
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WIZEN HILLS
MEMORANDUM
DATE: November 13, 2012
TO: Honorable Mayor and City Council
Patrick Klaers, City Administrator
FROM: Meagan Beekman, City Planner
SUBJECT: Planning Case#12-017—This Item Requires a Public Hearing
Applicant: Pulte Group
Property Location: 1494 Keithson Drive; Fox Ridge Addn Lot 18, Block 4
Request: Trail Easement Vacation
Requested Action
Approve Resolution 2012-040 vacating a portion of a certain trail easement located in the
Fox Ridge Addition on Lot 18, Block 4.
Background
On June 16, 2011, The City Council approved the Final Plat of the Fox Ridge residential
subdivision, allowing Pulte Group to construct single family homes on 39 new lots. As part
of the approval, Pulte Group agreed to construct a boardwalk and trail way that would
connect Keithson Drive with the City's existing trail system.
At the time of the Final Plat approval Pulte Group dedicated to the City a trail easement over
the strip of land where the new boardwalk and trail were anticipated to be constructed. The
trail and boardwalk were proposed to traverse Lot 18, Block 4, run partially over a wetland,
and through the north east corner of Lot 1, Block 4, before connecting with the City's
existing trail system.
Once work began it became apparent that the easement location was not the ideal location for
the boardwalk and a portion of the trail. The City and Pulte identified a better location for
the boardwalk, which created less of an impact on the wetland. Pulte then dedicated to the
City a new easement in the location of the actual boardwalk and trail.
City of Arden Hills
City Council Meeting for November 13, 2012
P:IPlanningTlanning Cases 12012112-017-Fox Ridge Vacation(Pending)UI-13-12-Fox Ridge-memo.doc
Page 1 of 2
Easement Vacation
Pulte Group is requesting that the City vacate that portion of the original trail easement that
traverses Lot 18, Block 4 where the trail was not constructed. A copy of the new trail
easement, which was dedicated to the City on November 1, 2012, and diagrams the actual
location of the boardwalk and trail is attached (Attachment A). The new trail easement will
be recorded with the County at the time of the resolution to vacate a portion of the original
easement(Attachment B).
Requested Action
Approve Resolution 2012-040 vacating a portion of a certain trail easement located in the
Fox Ridge Addition on Lot 18, Block 4.
Attachments
A. Trail Easement Agreement, dated November 1, 2012
B. Resolution 2012-040
City of Arden Hills
City Council Meeting for November 13, 2012
P:IPlanningManning Cases12012U2-017-Fox Ridge Vacation(Pending)Ill-13-12-Fox Ridge-memo.doc
Page 2 of 2
TRAIL EASEMENT AGREEMENT
THIS TRAIL EASEMENT AGREEMENT (the "Agreement") is given this 1 5� day of
Akyem be r' , 2012 by PULTE HOMES OF MINNESOTA LLC, a Minnesota limited
liability company ("Grantor") to the CITY OF ARDEN HILLS, a Minnesota municipal corporation
("Grantee").
Recitals
A. Grantor is the fee owner of certain real estate located in Ramsey County, Minnesota, described on
Exhibit A attached hereto(the"Property").
B. Grantee desires to obtain from Grantor, and Grantor desires to convey to the Grantee, a permanent
easement for public trail purposes over,across,on,under and through a portion of the Property.
Agreement
1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by
Grantor, Grantor hereby grants and conveys to the Grantee a permanent easement for public trail purposes
over, under, across and through the portion of the Property described and shown on the attached Exhibit B
(the"Easement Area").
2. Scope of Easement Rights. The public trail easement granted herein includes the right to locate,
construct,operate,maintain, inspect,alter and repair public trail facilities over, across,on,under and through
the Easement Area,together with the right to grade, level,fill,drain and excavate the Easement Area,and the
further right to cut,trim, or remove therefrom trees, shrubs, or other vegetation as in the Grantee's judgment
unreasonably interfere with the public trail facilities. As used herein, "trail purposes" is defined as the use of
trail facilities by pedestrians, non-motorized bicycles, city and public safety vehicles, and electric-powered
wheelchairs and small electric carts operated by physically handicapped people; the use of trail facilities by
snowmobiles, all-terrain vehicles, or motorized trail bikes is not included within the scope of the easement
granted herein.
3. Duration of Easement. The permanent public trail easement granted herein is perpetual in duration.
4. Warranty of Grantor. Grantor warrants that it is the owner of a fee simple interest in the Property,
that it has the right and authority to grant the easement conveyed by this Agreement, and that the Property is
free and clear of any lien,encumbrance,easement,restriction,covenant or condition,except for those filed of
record with the County Recorder in and for Ramsey County,Minnesota.
1
5. Easement to Run with Land. The easement granted herein shall run with the land and is binding
upon the Grantor,its successors and assigns.
GRANTOR:
PULTE HOMES OF MINNESOTA LLC,
a Minnesota limited liability mpany
By: ti �� aluT
Name: AVV /nc tea=r, s
Its:
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
Before me, a Notary Public in And for said County and State personally appeared 1�V (,(i'(S , known
to me to be the Pulte Homes of Minnesota LLC, a Minnesota limited liability
company,and acknowledged the execution of the foregoing document for and on behalf of said entity.
WITNESS my hand and Notarial Seal this day of 2012.
My Commission Expires:
L4
Notary Public
MAILEE H YANG
WM�IY PUBLIC-Mff*WTA
MYCOtiMrI OM ER M I/31/17
This instrument was drafted by:
Pulte Homes of Minnesota LLC (DAJ)
7500 Office Ridge Circle
Suite 325
Eden Prairie, MN 55344
2
EXI MIT "A"
Legal Description of the Property
Lot 18, Block 4, FOX RIDGE, according to the recorded plat thereof, Ramsey
County, Minnesota
Exhibit A
EXHIBIT B
Map and Legal Description of the Easement Area
A 15.00 foot wide strip of land over, under and across Lot 18, Block 4, FOX
RIDGE, according to the recorded plat thereof, Ramsey County, Minnesota.
The center line of said 15.00 foot wide strip of land is described as follows:
Commencing at the southeast corner of Lot 1, Block 4, FOX RIDGE;
thence North 00 degrees 38 minutes 24 seconds West, along the east line of
said Lot 1, a distance of 221.72 feet to the point of beginning of the center
line to be described; thence North 67 degrees 31 minutes 37 seconds West, a
distance of 18.81 feet; thence northwesterly, northerly and northeasterly, a
distance of 25.13 feet along the arc of a tangential curve concave to the east
having a radius of 15.00 feet and a central angle of 95 degrees 59 minutes 42
seconds; thence North 28 degrees 28 minutes 05 seconds East, a distance of
18.82 feet; thence northerly, a distance of 11.93 feet along the arc of a
tangential curve concave to the west having a radius of 15.00 feet and a
central angle of 45 degrees 35 minutes 13 seconds; thence North 17 degrees
07 minutes 08 seconds West, a distance of 32.15 feet; thence northerly, a
distance of 6.49 feet along the arc of a tangential curve concave to the east
having a radius of 25.00 feet and a central angle of 14 degrees 51 minutes 50
seconds; thence North 02 degrees 15 minutes 18 seconds West, a distance of
30.31 feet; thence northerly and northwesterly, a distance of 17.17 feet along
the arc of a tangential curve concave to the southwest having a radius of
20.00 feet and a central angle of 49 degrees 11 minutes 27 seconds; thence
North 51 degrees 26 minutes 45 seconds West, a distance of 16.61 feet;
thence North 75 degrees 52 minutes 54 seconds West, a distance of 7.89
feet; thence North 83 degrees 23 minutes 31 seconds West, a distance of
110.28 feet, thence North 67 degrees 39 minutes 16 seconds West, a distance
of 19.43 feet; thence North 57 degrees 48 minutes 15 seconds West, a
distance of 21.74 feet, more or less to the southerly right of way line of
Keithson Drive, as shown and dedicated on said plat, and said center line
there terminating.
The side lines of above described 15.00 foot strip of land are to be prolonged or
shortened to terminate on said southerly right of way line of Keithson Drive and
said east line of Lot 1.
Exhibit B—Page I
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Exhibit B—Page 2
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,-iRLEN HILLS
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NO.2012-040
A RESOLUTION VACATING A PORTION OF A CERTAIN TRAIL EASEMENT
WHEREAS, the Arden Hills City Council conducted a public hearing on the 13th
day of November, 2012, preceded by mailed and published notice, as required by
Minnesota Statutes 412.851 and 462.358, subd. 7; and
WHEREAS, the purpose of the public hearing was to consider the vacation of the
public's interest in:
All that portion of the trail easement as created and filed per Document No. 4298730,
being a 15.00 foot wide strip of land over, under and across Lot 18, Block 4, FOX
RIDGE, according to the recorded plat thereof, Ramsey County, Minnesota.
The center line of said 15.00 foot wide strip of land is described as follows:
Commencing at the southeast corner of said Lot 1, Block 4, FOX RIDGE; thence
North 00 degrees 38 minutes 24 seconds West, along the east line of said Lot 1, a
distance of 221.72 feet to the point of beginning of the center line to be described;
thence North 67 degrees 31 minutes 37 seconds West, a distance of 18.81 feet;
thence northwesterly, northerly and northeasterly, a distance of 25.13 feet along
the arc of a tangential curve concave to the east having a radius of 15.00 feet and
a central angle of 95 degrees 59 minutes 42 seconds; thence North 28 degrees 28
minutes 05 seconds East, a distance of 18.82 feet; thence northerly, a distance of
11.93 feet along the arc of a tangential curve concave to the west having a radius
of 15.00 feet and a central angle of 45 degrees 35 minutes 13 seconds; thence
North 17 degrees 07 minutes 08 seconds West, a distance of 32.15 feet; thence
northerly, a distance of 6.49 feet along the arc of a tangential curve concave to the
east having a radius of 25.00 feet and a central angle of 14 degrees 51 minutes 50
seconds; thence North 02 degrees 15 minutes 18 seconds West, a distance of
26.76 feet; thence northerly and northwesterly, a distance of 28.72 feet along the
arc of a tangential curve concave to the southwest having a radius of 25.00 feet
and a central angle of 65 degrees 48 minutes 41 seconds; thence North 68 degrees
03 minutes 59 seconds West, a distance of 102.91 feet; thence westerly, a
distance of 4.27 feet along the arc of a tangential curve concave to the south
having a radius of 10.00 feet and a central angle of 24 degrees 27 minutes 03
seconds; thence South 87 degrees 28 minutes 58 seconds West, a distance of
16.53 feet; thence westerly and southwesterly, a distance of 8.89 feet along the arc
of a tangential curve concave to the south having a radius of 15.00 feet and a
central angle of 33 degrees 57 minutes 41 seconds; thence South 53 degrees 31
minutes 17 seconds West, a distance of 7.77 feet; thence southwesterly, westerly
and northwesterly, a distance of 19.57 feet along the arc of a tangential curve
concave to the north having a radius of 15.00 feet and a central angle of 74
degrees 46 minutes 09 seconds; thence North 51 degrees 42 minutes 34 seconds
West, a distance of 14.02 feet more or less to the southerly right of way line of
Keithson Drive, as shown and dedicated on said plat of FOX RIDGE, and said
center line there terminating.
The side lines of above described 15.00 foot strip of land are to be prolonged or
shortened to terminate on said southerly right of way line of Keithson Drive.
WHEREAS, all of the above-referenced easement is known as that portion of the
"Trail Easement" dated August 9, 2011, and recorded and filed on October 4, 2011, in
Ramsey County Minnesota as Document No. 4298730 ("Easement")
WHEREAS, the Arden Hills City Council has determined that it is in the public's
interest to vacate the Easement.
NOW, THEREFORE, BE IT RESOLVED, that the Arden Hills City Council
hereby vacates the public's interest in that portion of the Trail Easement and directs the
City Administrator to file a certified copy of this Resolution with the Ramsey County,
Minnesota Recorder.
CITY OF ARDEN HILLS
Dated: By:
David Grant
Its: Mayor
ATTESTED BY:
Patrick Klaers
City Administrator