HomeMy WebLinkAbout6.h. Declaration of Easement - TH3 Right-of-Way Dedication for 143rd Street Turn Lane, City Project #421 4 ROSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: November 17, 2009
AGENDA ITEM: Declaration of Easement TH 3 Right -of- AGENDA SECTION:
Way Dedication for 143 Street Turn Consent
Lane, City Project #421
PREPARED BY: Andrew J. Brotzler, PE, City Engineer ;I GENDA NO. WO.
ATTACHMENTS: Map, Easement Exhibits, Quit Claim APPROVED BY:
Deed, Declaration of Easement pp.1
RECOMMENDED ACTION: Motion to Execute a Quit Claim Deed for Permanent Right -of-
Way and Dedicate Permanent Drainage, Utility, and Trail Easement over 3205 143 Street
West.
ISSUE:
To establish a permanent Trunk Highway 3 (South Robert Trail) right -of -way and dedicate a permanent
City utility, drainage, and trail easement on the City-owned parcel located at 3205 143` Street West (see
attached map for an illustration of project area). This is associated with the construction of the
southbound Trunk Highway 3 right turn lane at 143` Street to be included in the Trunk Highway 3 (143'
Street 145t Street) Street and Signal Improvements Municipal Cooperative Agreement project, City
Project 421.
BACKGROUND:
Specific permanent easement areas and right -of -way area have been identified in the project area necessary
to accommodate right turn lane construction, trail construction adjacent to the turn lane, as well as private
utility relocation. Attached are exhibits illustrating the location of the proposed Trunk Highway 3 right-of-
way (Parcel 1A) and the proposed permanent drainage, utility, and trail easement (Parcel 1). This parcel is
currently owned by the City of Rosemount, and staff is currently discussing options for the piece
remaining with the adjacent land owner, Independent School District 196. Mn/DOT will not approve
project plans and specifications for Municipal Cooperative Agreement funding without written verification
from the City that all easements and right -of -way necessary to complete the project have been acquired
and/or declared. Therefore, this step is necessary prior to final submittal plans to Mn/DOT, anticipated
to occur this happen around the end of 2009.
SUMMARY:
Staff recommends Council authorize the declaration of a permanent easement and execution of a quitclaim
deed for right -of -way purposes over 3205 143' Street West for the Trunk Highway 3 (143' Street 145t
Street) Street and Utility Improvements, City Project 421.
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INFRASTRUCTURE. ENGINEERING PLANNING CONSTRUCTION
Quit Claim Deed
STATE DEED TAX DUE HEREON:
Date:
FOR VALUABLE CONSIDERATION, City of Rosemount, a municipal corporation under the laws of the
State of Minnesota, Grantor, hereby conveys and quitclaims to the State of Minnesota, Grantee, real property
in Dakota County, Minnesota, described as follows:
A perpetual easement for right -of -way purposes over, under and across that part of Lot 27,
Auditor's Subdivision No. 1, Dakota County, Minnesota, as is on file and of record in the
office of the County Recorder, Dakota County, Minnesota, which lies southeasterly and
northeasterly of the following described line: Commencing at the northeast comer of Lot 1,
Block 1, KILCUMRERAGH ADDITION, according to said plat on file and of record in the
office of the County Recorder, Dakota County, Minnesota; thence South 89 degrees 12
minutes 31 seconds West, assumed bearing along the north line of said Lot 1, 104.53 feet, to
the point of beginning of said line to be hereinafter described; thence North 37 degrees 52
minutes 35 seconds East, 95.96 feet; thence North 19 degrees 20 minutes 50 seconds West,
41.01 feet, to the north line of said Lot 27, and said line there terminating.
(if more space is needed, continue on back)
together with all hereditaments and appurtenances.
The Seller certifies that the seller does not know of any wells on the described real property.
City of Rosemount
By:
Its: Mayor
By:
Its: City Administrator
359200v1 CBR RS220 -304
1
STATE OF MINNESOTA
ss.:
COUNTY OF DAKOTA
The foregoing was acknowledged before me this day of 2009, by William
Droste and Dwight Johnson, the Mayor and City Administrator of the City of Rosemount, a municipal
corporation organized under the laws of the State of Minnesota, on behalf of the municipal corporation,
Grantor.
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RAK) SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
Check here if part or all of the land is Registered (Torrens)
Tax Statements for the real property described in this
instrument should be sent to (include name and address
of Grantee):
State of Minnesota
Department of Transportation
METRO DISTRICT RIGHT OF WAY
1500 W. County Road B2
Roseville, MN 55113
This instrument drafted by:
Kennedy Graven, Chartered
470 U. S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300
359200v1 CBR RS220-304
2
Parcel 1B
Project No. 1668 -85 PID NO. 34-03700-010-27
DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT (the "Declaration is made this day of
2009, by the City of Rosemount, a municipal corporation under the laws of the
State of Minnesota (the "Declarant").
Recitals
A. Declarant is the fee owner of certain real estate (the "Property") in Dakota County,
Minnesota, described as follows:
Lot 27, Auditor's Subdivision No. 1, Dakota County, Minnesota.
B. Declarant wishes to establish a certain non exclusive, permanent easement for utility,
drainage and trail purposes as hereinafter described in, over and across portions of the Property.
Declaration
Now, therefore, the Declarant hereby declares that the Property shall be held, sold and conveyed
subject to the following easement, which shall inure to the benefit of the City of Rosemount:
1. Easement. The Property shall be subject to a perpetual easement for utility, drainage and
trail purposes over, under and across that part of the Property described as follows:
The south 5.00 feet of Lot 27, Auditor's Subdivision No. 1, Dakota County,
Minnesota, as is on file and of record in the office of the County Recorder,
Dakota County, Minnesota, which lies westerly of the following described line:
Commencing at the northeast corner of Lot 1, Block 1, KILCUMRERAGH
ADDITION, according to said plat on file and of record in the office of the
County Recorder, Dakota County, Minnesota; thence South 89 degrees 12
359205v3 CBR RS220 -304
1
minutes 31 seconds West, assumed bearing along the north line of said Lot 1,
104.53 feet, to the point of beginning of said line to be hereinafter described;
thence North 37 degrees 52 minutes 35 seconds East, 95.96 feet; thence North 19
degrees 20 minutes 50 seconds West, 41.01 feet, to the north line of said Lot 27,
and said line there terminating.
As depicted on the attached Exhibit.
2. Scope of Easement Rights. The perpetual utility and drainage easement granted herein
includes the right of the City of Rosemount, 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 storm sewer, sanitary sewer and water
facilities and ground surface drainage ways in the described easement area.
The perpetual easement for trail purposes granted herein includes the right of the City of
Rosemount, its contractors, agents, and employees to locate, construct, operate, maintain, alter
and repair trail facilities within the described easement area. 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 easements granted herein.
The easements created herein also include the right to cut, trim, or remove from the
easement areas trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere
with the easements or facilities of the City, its successors or assigns.
3. Easement to Run with Land; No Merger. The easements created herein shall run with the
land and be binding on all parties having any right, title or interest in the Property, their heirs,
successors and assigns. The Declarant intends that the easements created herein shall not merge in
Declarant's title to the Property and that any future conveyance of the Property by Declarant shall be
subject to this Declaration of Easement unless the instrument of conveyance expressly states an
intention to terminate this Declaration of Easement.
4. Amendment; Modification; Termination. This Declaration may not be amended, modified
or terminated without the consent of the City of Rosemount.
CITY OF ROSEMOUNT
By:
William Droste
Its: Mayor
By:
Dwight Johnson
Its: Administrator
359205v3 CBR RS220 -304
2
STATE OF MINNESOTA
ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of
2009, by William Droste and Dwight Johnson, the Mayor and
Administrator, respectively, of the City of Rosemount, a Minnesota municipal corporation, on
behalf of the corporation, Declarant.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Kennedy Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337 -9300
359205v3 CBR RS220 -304
3
EXHIBIT A
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at 143rd Street 145th Street
44,,..0.0.14. Parcel No. 1
uun.s.�.mo City of Rosemount, Minnesota
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359205v3 CBR RS220 -304
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