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Home My WebLink About6.n. Acquistion of Easements - County Road 38, Phase 11, City Project #387AGENDA ITEM: Acquisition of Easements Country Road 38, Phase II, City Project #387 AGENDA SECTION: Consent PREPARED BY: Andrew J. Brotzler, P.E., City Enginee oy AGE ATTACHMENTS: Payment Authorization, Map APPROVED BY: RECOMMENDED ACTION: Motion to Authorize Payment for Permanent Ro Easements along County Road 38 to Michael and Dianne McMenomy, Elizabeth McMenomy, Arthur Mary McMenomy and John and Rita McMenomy as Recommended within the Executive Summary. Parcel /PID Name Address Amount #8 34- 02200- 010 -25 Michael Dianne McMenomy $74,200 Elizabeth McMenomy $74,200 Arthur Mary McMenomy $74,200 John Rita McMenomy $74,200 4ROSEMOUNT City Council Meeting: April 18, 2006 BACKGROUND: SUMMARY: CITY COUNCIL EXECUTIVE SUMMARY The City has retained Evergreen Land Services to appraise and acquire property along the County Road 38, Phase II protect. The appraisals have come m and Evergreen Land Service has been negotiating with individual property owners on behalf of the City. Evergreen Land Services has acquired signed easements for the parcel listed on the attached map Staff is asking that Council authorize payment to the following property ownets with their respective amounts: Staff is recommending that Council authorize the payment for permanent road easements as proposed m the above motion. G \ENGPROJ\ 387\ AuthonzePaymentEasementAcgwshonCC4-18 -O6 dac April 7, 2006 City of Rosemount Andrew J. Brotzler, P.E City Engineer 2875 145 Street West Rosemount, MN 55068 RE: City of Rosemount: County Road 38 Reconstruction Project Parcel 8 Dear Andrew: Enclosed please find a photocopy of the easement document and multiple payment authorization forms. The owners of the property would like four separate checks totaling the amount as compensation. The various Social Security numbers are shown on each Payment Authorization form. Please send the four checks to Mr. Don Fluegel's office shown on the Payment Authorization form, Mr. Fluegel will disburse to the owners. If you have any question please feel free to call me (651- 882 0200). Sincerely, Matthew S. Storm SR /WA President Evergreen Land Services 651 882 -0200 evergreen LAND SERVICES COMPANY Appramal, 3 cgwcumn and Rclocatnon Specialists 9131 Old Sibley Memonal Highway Suite 201 Eagan, MN 55122 651- 882 -0200 888 -911 -1139 Fax 651 882-6569 PAYMENT AUTHORIZATION City of Rosemount Parcel# 8 PID# 34- 02200 010 -25 Landowner: Michael Dianne McMenomy Address: C/O Fluegel Moynihan Mr. Don Fluegel 1303 South Frontage Road Suite 5 Hastings, MN 55033 Social Security/Tax I. D. Michael 47448 -6658 Dianne 480 -54 -6222 Type of Document: Permanent Road Easement Date Signed: March 22nd, 2006 Amount of compensation: 74,200.00 Agent Date PAYMENT AUTHORIZATION City of Rosemount Parcel# 8 PID# 34- 02200 010 -25 Landowner: Elizabeth McMenomy Address: C/O Fluegel Moynihan Mr. Don Fluegel 1303 South Frontage Road Suite 5 Hastings, MN 55033 Social Security/Tax I. D. Elizabeth 470 -54 -0265 Type of Docyment: Permanent Road Easement Date Signed: March 31st, 2006 Amount of compensation: 74,200.00 Agent t{ 7- c7Co Date PAYMENT AUTHORIZATION City of Rosemount Parcel# 8 PID# 34- 02200 010 -25 Landowner: Arthur Mary McMenomy Address: CIO Fluegel Moynihan Mr. Don Fluegel 1303 South Frontage Road Suite 5 Hastings, MN 55033 Social Security/Tax I. D. Arthur 469 -44 -9793 Mary 473 -50 -4860 Type of Document: Permanent Road Easement Date Signed: March 30`", 2006 Amount of compensation: 74,200.00 Agent L/ 7 -OG Date PAYMENT AUTHORIZATION City of Rosemount Parcel# 8 PID# 34- 02200- 010 -25 Landowner: John Rita MclVlenomy Address: CIO Fluegel Moynihan Mr. Don Fluegel 1303 South Frontage Road Suite 5 Hastings, MN 55033 Social Security/Tax I. D. John 470 -46 -3764 Rita 471 -50 -0622 Type of Document: Permanent Road Easement Date Signed: March 14 2006 Amount of compensation: 74,200.00 Agent Date Parcel 8 AbstractlPID No. 34-02200-010-25 THIS INSTRUMENT is made by John E. McMenomy and Rita McMenomy, husband and wife; Arthur T. McMenomy, Jr. and Mary L. McMenomy, husband and wife; Michael F. McMenomy and Dianne McMenomy, husband and wife; Elizabeth McMenomy tka Elizabeth A. Shea, a single person, Grantors, in favor of the City of Rosemount, a Minnesota municipal corporation, Grantee. A. Grantors are the fee owners of the following descnbed property in Dakota County, Minnesota (the "Property and B. Grantors desire to grant to the Grantee easements, according to the terms and conditions contained herein. C3R274119v2 RS220 -209 EASEMENT Recitals a) Northwest Quarter (NW t/4) of Section 22, Township 115, Range 19, Dakota County, Minnesota. b) All that part of the East One -Half of Southwest Quarter (E '/2 of SW t/4) of Section Twenty -two (22), Township One Hundred Fifteen (115), Range Nineteen (19), Dakota County, Minnesota, lying north of the centerline of 135 Street West as now established; also known as County Road 38. 1 Terms of Easements 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantors, Grantors grant and convey to the Grantee the following easements A perpetual, non exclusive easement for street, utility and drainage purposes over, under, across and through that part of the Property, which lies southerly of a line drawn parallel with and distant 50.00 feet northerly of the following described line. Commencing at the northeast corner of the Northeast Quarter of the Southwest Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota; thence South 00 degrees 05 minutes 05 seconds West, assumed bearing along the east line of said Northeast Quarter of the Southwest Quarter, 40.32 feet, to the point of beginning of said line to be hereinafter described, thence South 89 degrees 25 minutes 51 seconds West, 1169 07 feet; thence westerly, 1038.48 feet, along a tangential curve, concave to the north, having a radius of 11459.00 feet and a central angle of 05 degrees 11 minutes 33 seconds; thence North 85 degrees 22 minutes 36 seconds West, tangent to the last described curve, 319.43 feet; thence westerly, 130.67 feet, along a tangential curve, concave to the south, having a radius of 2865.00 feet and a central angle of 02 degrees 36 minutes 48 seconds, to the west line of the northwest Quarter of said Southwest Quarter, and said line there terminating. A perpetual, non exclusive easement for utility and drainage purposes over, under, across and through a strip of land 10 0 feet in width over that part of the Property, the southerly line of which is contiguous with the northerly line of the above described permanent easement for street, utility and drainage purposes. Said strip of land is to extend by its full width from a line drawn parallel with and distant 164.00 feet easterly of the west line of the Northeast Quarter of the Southwest Quarter of said Section 22, to a line drawn parallel with and distant 184.00 feet easterly of said west line of the Northeast Quarter of the Southwest Quarter. A temporary easement for construction purposes over, under, across and through that part of the Property described as follows: A stnp of land 20.00 feet in width over that part of the Property, the southerly line of which is contiguous with the northerly line of the above described permanent easement for street, utility and drainage purposes. Said strip of land is to extend by its full width from a line drawn parallel with and distant 154.00 feet easterly of said west line of the Northeast Quarter of the Southwest Quarter, to a line drawn parallel with and distant 194.00 feet easterly of said west line of the Northeast Quarter of the Southwest Quarter. Except that part which lie within the above described permanent easement for utility and drainage purposes. Said temporary easement expires on November 15, 2007. CBR314119v2 RS220-209 2 2. Scope of Easements. The perpetual street, utility and drainage easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing within the described easement area a public roadway, storm sewer, sanitary sewer and water facilities, ground surface drainage ways and sidewallc, or other public facilities or improvements of any type that are not inconsistent with a public nght -of -way use. The perpetual utility and drainage easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, mamtaming, inspecting, altenng and repairing storm sewer, sanitary sewer and water facilities and ground surface drainage ways in the descnbed easement area. The temporary easement includes the right of the Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right to remove trees, shrubs or other vegetation in the easement area, as well as the right to deposit earthen matenals within the easement area and to move, store, and remove equipment and supplies, and to perform any other work necessary and incident to the project. The easements granted herein also include the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. The easements granted herein are subject to existing easements. 3. Warranty of Title. The Grantors warrant they are the owners of the Property and have the right, title and capacity to convey to the Grantee the easements herein. 4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the easement area or Property prior to the date of this instrument. 5. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantors, their heirs, successors and assigns. STATE DEED TAX DUE HEREON: NONE CBR 274119v2 RS220 -209 3 Dated this l 4 day of VC ij 2006. STATE OF MINNESOTA SS. COUNTY OF D 14-14.o' NOTARY STAMP OR SEAL STATE OF MINNESOTA SS. COUNTY OF ko NOTARY STAMP OR SEAL CBR274119v2 RS220 -209 r At E E. cMenomy Rita McMenomy Ni.olled T cMeno ael F. McMenomy r 9 -a/10 1 if 1 I X11114' /le/6ai Arthur T. McMenom Mary L Mi Dianne McMenomy 4 was acknowledged before me this 1!{ y day of fe, Grantors. The foregoing instrument U v C 1• 2006, by John E. McMenomy and Rita McMe c CL/ on y, h s and Notary P ulic DONALD J. FLUEGEL 3 amnion Notary Public- Minnesota Expires Jan 31, 2070 The foregoing instrument was acknowledged before me this 30 +h day of M A.R c. i- F 2006, by Arthur T. McMenomy, Jr. and Mary L. McMenomy, husband and wife, Grantors. Notary Public NSTEPH ANTE K. ROGNESS Notary Public- Minnesota vytAtvvvot =on Exp M s Jan 37 2010 v STATE OF MINNESOTA SS. COUNTY OF -W rn. /00 The, foregoing instrument was acknowledged before me this 0( day of W 0 ye 2006, by Michael F. McMenomy and Dianne McMenomy, husband and wife, Grantors. NOTARY STAMP OR SEAL STATE OF MINNESOTA COUNTY OF Oa (-Sek The foregoing instrument was acknowledged before me this day of a, 2006, by Elizabeth McMenomy fka Elizabeth A. Shea, a single person, Grantors. NOTARY STAMP OR THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 CBR RS220-209 S S BARBARA J. MOUE NOISY PUBUWANNEWTA W COMISSICU WIRES 141401t 5 Notary Public SAA 0 /A.A.tvvvvVV AAAWAAAANWs. i DONALD J. FLUEGEL mfg.; ....4Notary Public-Minnesota v.*: M y Commission Expires Jan 31, 2010 Vvvvvvvvvvvvvve• Parcel 8 Abstract/PID No. 34-02200-010-25 Pulte Homes of Minnesota Corporation, a Minnesota corporation, holder of a purchase agreement on the property which is described as follows: a) Northwest Quarter (NW '/a) of Section 22, Township 115, Range 19, Dakota County, Minnesota. and b) All that part of the East One -Half of the Southwest Quarter (E '/2 of SW of Section Twenty -two (22), Township One Hundred Fifteen (115), Range Nineteen (19), Dakota County, Minnesota, lying north of the centerline of 135 Street West as now established; also known as County Road 38. hereby consents and joins in the Easement dated 2006, filed in the office of the Dakota County Recorder, as Document No. the undersigned's interest to said Easement. Dated: rtk2 aCt.(M 2- 2006. CBR 274119v2 RS220 -209 CONSENT AND JOINDER BY PURCHASER By: Its: 1 2006 so as to subject Pulte Homes of Minnesota Corporation ,-f FGLIn D STATE OF MINNESOTA C SS. COUNTY OF -F The foregoing in trument acknowledged before me this day of 2006 by.4101/11S .1 the Vice President of Pulte Homes of Minnesota orporation, a corporation org zed under the laws of the State of Minnesota, on behalf of the corporation. NOTARY STAMP OR SEAL 4 THIS INSTRUMENT DRAFTED BY: Kennedy Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 CBR 274119v2 RS220 -209 MICHELLE SCHOMMER NOTARY PUBLIC -MINNESOTA MY COMMISSION EXPIRES JAN. 31, 2010 otary Public 2