Agenda - Parks and Recreation Commission - 01/12/1995

Home

I I I I I I I I I I I I '1 I I I I hereto agree as follows: 13. DEVELOPER, at the time of the recording of the plat of the futur~ phase, shall convey to the CITY by Warranty Deed, a perpetual easement to the following property located within the future phase and/or the Northfork PUD: a. A 35.00 foot wide permanent easement for trail purposes Over, under and across the property as generally shown ~n Exhibit "B" and legally described on Exhibit "C" ~ttached hereto and incorporated herein. b. A 75.00 foot wide permanent easement for trail purposes over, under and across that certain property lying south Sf Lake Itasca as generally shown on Exhibit "B" and egally described on Exhibit "D" attached hereto and ncorporated herein. DEVELOPER does reserve a single 50.00 foot wide permanent easement crossing over the 75.00 foot wide permanent easement described on Exhibit '!D" said 50.00 wide crossing to be at right angles. The 9asement reserved shall be for the purpose of providing ~ccess across the trail in order to permit homeowners access to the southerly area of Lake Itasca. The exact ~egal description of said 50.00 foot wide access easement Will be determined at the time that the 75.00 foot wide easement is conveyed to the CITY. The u~e of the permanent easements, described on Exhibits "C" and "D" herein shall be those uses generally permitted on multi,use trails in the CITY as established by the CITY from time ~o time but specifically excluding motorized vehicular uses. 14. The 60.00 foot wide permanent easement for trail purposes described ih Paragraph 1 of the AGREEMENT shall be conveyed by the CITY to the DEVELOPER and in its place DEVELOPER shall convey to the CITY a 75.00 foot wide permanent easement for multi-use trail purposes o~er, under and ~cross that certain property lying north of the park land previously conveyed to the CITY and as generally shown on E>~ibit "B" and which 75.00 foot wide permanent easement 3