HomeMy WebLinkAbout2003-078 Council ResolutionLINO LAKES CITY COUNCIL
RESOLUTION 03 -78
APPROVING TRAIL EASEMENT PURCHASE FOR BIRCH PARK TRAIL
WHEREAS, Birch Park has been designated to serve as the neighborhood park
for residents in the developments of Trapper's Crossing, Gemini Estates,
Peregrine Pass, and Royal Pines; and
WHEREAS, The Birch Park Trail project consisting of approximately 315' of
timber boardwalk, and a timber staircase including planters and concrete pavers
was recently completed; and
WHEREAS, An easement grant agreement between Ms. Vivian Whitcomb and
the City of Lino Lakes has been negotiated successfully; and
WHEREAS, The easement grant agreement provides a permanent easement for
public trail purposes over the land where the boardwalk is located; and
WHEREAS, The City of Lino Lakes agrees to compensate Ms. Whitcomb in the
amount of $3,000.00.
NOW THEREFORE BE IT RESOLVED, That the City Council hereby authorizes
staff to distribute Park Dedication Funds in the amount of $3,000.00 to Ms.
Whitcomb and also authorizes the City Attorney to record the easement.
Adopted by the Lino Lakes City Council this 9th day of June, 2003.
ATTEST:
Ann Blair, City ,qlerk
John J. B rgeson, Mayor
FASFMENTfRANT
THIS EASEMENT, made this ?j day of , 2003, by Vivian
M. Whitcomb, as Trustee, Susan Steward, as Co-T ustee, and Wells Fargo Bank,
N.A., as Co- Trustee, of the Vivian M. Whitcomb Trust Agreement dated August 24,
1990, Grantors, to the City of Lino Lakes, a municipal corporation, Grantee, County of
Anoka, State of Minnesota.
WITNESSETH, that Vivian M. Whitcomb, as Trustee, Susan Steward, as Co-
Trustee, and Wells Fargo Bank, N.A., as Co-Trustee, of the Vivian M. Whitcomb Trust
Agreement dated August 24, 1990, for value received do hereby dedicate to the City
of Lino Lakes a permanent easement for public trail purposes over the land Located
within the City of Lino Lakes, County of Anoka, State of Minnesota, described as
follows:
A perpetual easement 10 feet in width for public trail
purposes over, under, and across part of the East Half of
the Southwest Quarter of the Southeast Quarter of Section
28, Township 31, Range 22, Anoka County, Minnesota.
The centerline of said easement is described as follows:
Commencing at the northeast corner of said
Southwest Quarter of the Southeast Quarter; thence
South 00 degrees 07 minutes 57 seconds East
(assumed bearing) along the east line of said
Southwest Quarter of the Southeast Quarter a
distance of 170.04 feet; thence South 89 degrees
49 minutes 26 seconds West a distance of 272.96
feet; thence South 21 degrees 48 minutes 56
seconds West a distance of 223.24 feet; thence
North 89 degrees 49 minutes 21 seconds East and
parallel with the north !he of said Southwest Quarter
of the Southeast Quarter a distance of 330.59 feet
to the point of beginning of the centerline to be
described; thence South 00 degrees 01 minute 26
seconds East a distance of 139.42 feet; thence
South 63 degrees 19 minutes 08 seconds East a
distance of 13.08 feet to the westerly line of the
recorded plat of TRAPPERS CROSSING and said
centerline terminating.
State Deed Tax Due: None
IN WITNESS WHEREOF, Vivian M. Whitcomb, as Trustee of the Vivian M.
Whitcomb Trust Agreement dated August 24, 1990, Susan Steward, as Co-Trustee of
the Vivian M. Whitcomb Trust Agreement dated August 24, 1990, and Wells Fargo
Bank, N.A., as Co- Trustee of the Vivian M. Whitcomb Trust Agreement dated August
24, 1990, has caused these presents to be executed or have set her hand the day
and year first above written.
1)A4(4
en PRESENCE OF:
` �/Cn ' dAk-al)
Vivian M. Whitcomb, Trustee
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
On this .6 day of P2r� \ , 2003, before me, a notary public
within and for said County, personally appeared Vivian M. Whitcomb, as Trustee of
the Vivian M. Whitcomb Trust Agreement dated August 24, 1990, to me known to be
the person described in and who executed the foregoing instrument and executed the
same as their free act and deed.
Susan
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
i--- . ��LLLt
No1ry Public
Cst
*1 An
Steward,
E..
A-Q-e.AX3-4C11
Co- Trustee
On this 3 day of r% 1 , 2003, before me, a notary public
within and for said County, pers naiiy appeared Susan M. Steward as Co-Trustee of
the Vivien M. Whitcomb. Trust Agreement dated August 2.4, 1990, to me known to be
the person described in and who executed the foregoing instrument and executed the
same as their free act and deed.
Ntary Public
Wells Fargo Bank, N.A., Co- Trustee
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
Wells Fargo Bank, N.A., Co-Trustee
On this 9TH day of MAY , 2003, before me, a notary public
within and for said County, personally appeared ERIK ERIKSTRUP and
• _,, the ASSISTANT VICE .PRESIDENT and
MARY P. BARRETT of Wells Fargo Bank, N.A. as Co- Trustee of the Vivian M.
Whitcomb Trust Agreement dated August 24, 1990, to me known to be the persons
described in and who executed the foregoing instrument and executed the same as
their free act an
DONNA JEAN OSTHUS
NOTARY PUBLIC-MINNESOTA
My Coewi s a Espies Jam. 31.2006
NOTICE IS HEREBY GIVEN that the City of Lino Lakes, County of Anoka, State of
Minnesota, has accepted on , 2003, the above described easement in
this document.
Dated: , 2003
(SEAL)
This instrument was drafted by:
William G. Hawkins and Associates
2140 Fourth Avenue North
Anoka, Minnesota 55303
CITY OF LINO LAKES
By
Clerk
AGENDA ITEM NO. 6A
STAFF ORIGINATOR: Rick DeGardner, Public Services Director
COUNCIL MEETING DATE: June 9, 2003
TOPIC: Consideration of Resolution 03 -78, Approving
Trail Easement Purchase for Birch Park Trail
VOTE REQUIRED:, Simple Majority
BACKGROUND:
With the recent completion of the Birch Park Trail project that consists of
approximately 315' of timber boardwalk, and a timber staircase including planters
and concrete pavers, there is one final action item for consideration.
Attached is an easement agreement between Ms. Vivian Whitcomb and the City
of Lino Lakes. The easement grant agreement provides a permanent easement
for public trail purposes over the land where the boardwalk is located. This
perpetual easement is 10' in width and was surveyed by E.G. Rud and Sons,
Inc. The City of Lino Lakes agrees to compensate Ms. Whitcomb in the amount
of $3,000.00.
Resolution 03 -78 authorizes staff to distribute Park Dedication Funds in the
amount of $3,000.00 to Ms. Whitcomb and also authorizes the City Attorney to
record the easement.
OPTIONS:
1. Approve Resolution 03 -78.
2. Do not approve Resolution 03 -78.
3. Retum to staff for further review.
RECOMMENDATION:
Option 1.