HomeMy WebLinkAbout6.d. Approve Easement Agreement - 2010 Street Improvements Project, City Project #428►D A(C")SEMOLINTF EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: July 20, 2010
AGENDA ITEM: Approve Easement Agreement — 2010
AGENDA SECTION:
Street Improvements Project, City Project
Consent
#428
PREPARED BY: Andrew J. Brotzler, PE, Director of P c
AGENDA NO.i.
Works /City Engineer
ATTACHMENTS: Easement, Map
APPROVED BY:
RECOMMENDED ACTION: Motion to approve Easement Agreement with Evermoor
Community Association and authorize the necessary signatures.
BACKGROUND:
The proposed improvements within the 2010 Street Improvement Project include a new 5 -foot sidewalk
segment along the west side of Shannon Parkway between 137`h Street and Evermoor Parkway. During
final design it was determined that a connection could be made to an existing trail segment south of
Evermoor Parkway. The existing trail is within Outlot L (see attached location map and parcel sketch) and
is owned by the Evermoor Community Association. This connection is proposed to link the existing
sidewalk on Evermoor Parkway to the proposed sidewalk on Shannon Parkway and provide an alternate
route for pedestrians who choose to not utilize the existing underpass.
To ensure that the City maintains access across Outlot L, an easement was requested from the Evermoor
Community Association over both the proposed and existing trail. The easement was approved by the
Evermoor Community Association at their regular monthly meeting on July 6, 2010 with the condition
that future trail maintenance would be the responsibility of the City. The association also requested that
the City to review the safety of the pedestrian underpass on Shannon Parkway and requested that the
underpass be repaired.
As previously discussed at the Council Work Session on May 12, 2010, staff is currently reviewing low cost
options to address some of the safety concerns with the Shannon Parkway underpass.
SUMMARY:
Staff recommends Council authorization for the execution of the attached Easement Agreement with
Evermoor Community Association.
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Abstract
EASEMENT AGREEMENT
THIS INSTRUMENT is made by Evermoor Community Association, a non - profit
corporation, organized under the laws of the State of Minnesota, Grantor, in favor of the City of
Rosemount, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantor is the fee owner of the following described property in Dakota County, Minnesota
(the "Property "):
Outlot L, EVERMOOR, according to the recorded plat thereof.
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee the following easement:
A perpetual, non - exclusive easement for trail purposes over, under, across and through
that part of the Property which lies westerly and southwesterly of the following described
line:
Beginning at the intersection of the north line of said Outlot L and a line drawn
parallel with and distant 40.00 feet east of the west line of said Outlot L; thence
South 10 degrees 22 minutes 07 seconds West, assumed bearing along said line
drawn parallel with and distant 40.00 feet east of the west line of Outlot L, 81.11
feet; thence South 29 degrees 29 minutes 47 seconds West, 61.04 feet, to its
intersection with a line drawn parallel with and distant 20.00 feet east of said west
line of Outlot L; thence South 10 degrees 22 minutes 07 seconds West, along said
line drawn parallel with and distant 20.00 feet east of the west line of Outlot L,
108.83 feet; thence South 08 degrees 59 minutes 14 seconds East, 44.96 feet;
thence South 57 degrees 02 minutes 11 seconds East, 169.30 feet, to the most
northerly corner of the walkway and drainage easement per Document No.
993626, as shown on said plat; thence southeasterly along the northeasterly line of
365969v2 CBR RS20 -3
said walkway and drainage easement per Document No. 993626, as shown on
said plat, to the southeasterly line of said Outlot L, and said line there terminating.
2. Scope of Easement. The perpetual easement for trail purposes granted herein includes the
right of the Grantee, its contractors, agents, and employees to locate, construct, operate,
maintain, alter and repair trail facilities within the described easement area. As used herein,
"trail facilities" includes improved trail or sidewalk, benches, landscaping, tunnel, retaining
walls, public works of art, and lighting. 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 trail bikes is not included
within the scope of the easement granted herein.
The easement granted herein also includes 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.
3. Maintenance of Trail and Easement Area. Grantee will assume responsibility for the
improved trail existing in the Easement as of the date of this instrument. Grantee may construct
additional trail facilities in the Easement. Grantee may remove, relocate or reconstruct trail
facilities in the Easement. Grantee will assume responsibility for maintenance of the easement
and trail facilities including, but not limited to, turf and landscaping. Grantee will maintain the
easement and trail facilities as it deems appropriate and in the interest of the public.
4. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right,
title and capacity to convey to the Grantee the easement herein.
5. 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 that may have existed on, or that relate
to, the easement area or Property prior to the date of this instrument.
6. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its successors and assigns.
STATE DEED TAX DUE HEREON: NONE
365969v2 CBR RS215 -3
Dated this day of , 2010.
EVERMOOR COMMUNITY ASSOCIATION
By
Its
By
Its
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2010 by and , the
and of Evermoor Community
Association, a non - profit corporation organized under the laws of the State of Minnesota, on
behalf of the corporation, Grantor.
Notary Public
NOTARY STAMP OR SEAL
365969v2 CBR RS215 -3
CITY OF ROSEMOUNT
Lo
William Droste, Mayor
And by:
Amy Domeier, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2010 by William Droste and Amy Domeier, the Mayor and City Clerk,
respectively, of the City of Rosemount, a municipal corporation under the laws of the State of
Minnesota, on behalf of the corporation, Grantee.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
365969v2 CBR RS215 -3