HomeMy WebLinkAbout6.i. Sign Easement for a Welcome to Rosemount Sign ROSEN4OLINT SUMMARY
CITY COUNCIL
City Council Regular Meeting: March 5, 2008
AGENDA ITEM: Sign Easement for a Welcome to AGENDA SECTION:
Rosemount Sign Consent
PREPARED BY: Eric Zweber; Senior Planner AGENDA NO.
ATTACHMENTS: Location Map, Easement, Legal
Description, Welcome to Rosemount
Sign Design APPROVED BY: f
RECOMMENDED ACTION: Motion to approve the payment of $2,830 to the Burger
Family Limited Partnership for a 900 square foot Sign Easement and a 210 square foot
Access Easement.
ISSUE
The City of Rosemount is planning to install new Welcome to Rosemount signs and needs to secure rights
to property on the eastern boundary to install a sign. City staff has negotiated a location of a sign
easement on the Burger Family Limited Partnership (Burger) property for the price of $2,820. Staff is
requesting the City Council authorize the payment of $2,830 to Burger for the easement.
BACKGROUND
The City of Rosemount will be installing four new Welcome to Rosemount signs this summer, one each at
our northern, eastern, southern, and western boundaries. The City can obtain a permit to install the
western sign in the County Road 42 right -of -way and permits to install the northern and southern signs in
the Minnesota Highway 3 right -of -way. On the eastern boundary, there is not sufficient right -of -way for
the installation of a sign, so the City must obtain an easement from the neighboring land owner to install
the sign. City staff has determined a location on the Burger property that would be suitable for the sign
installation.
Property Owner: Burger Family Limited Partnership
Location: Approximately 660 feet west of the intersection with Minnesota
Highway 55 /County Road 42 (Courthouse Boulevard) and Fischer
Avenue
Sign Easement Area: 900 Square Feet
Access Easement Area: 210 Square Feet
Total Easement Area: 1,110 Square Feet
Comp Plan Zoning: Agriculture
Future Land Use: Corporate Campus
Staff has determined a location on the north side of Minnesota Highway 55 /County Road 42 (Hwy 55)
about 660 feet (one eighth mile) west of Fischer Avenue for installation of the Welcome to Rosemount
sign. This location was chosen for a number of reasons, including proximity to the City Limits, visibility
of drivers entering the City; avoidance of electrical poles, trees, or other visual barriers, future expansion of
Hwy 55 to the south of the right -of -way; access spacing of future roads onto Mn Hwy 55; and access to
the sign easement using an existing field access. Staff has determined that a 30 foot by 30 foot (900 square
feet) sign easement will be needed to install the sign, landscaping, and lighting. In addition, a 10 foot wide
(210 square feet) access easement over the existing field access is needed to gain access to the sign
easement. The total easement area to be obtained on the Burger property is 1,110 square feet.
Lane Burger of the Burger family is willing to grant the City the sign and access easements for the price of
$2,830.00, which is equivalent to about $110,000 per acre. This amount is comparable to the amount the
City has paid for other easements and properties in the City, such as the site of Well #15. Additionally, the
smaller easement size makes comparison on a per acre basis somewhat difficult. In this market, staff would
not necessarily expect to pay $110,000 per acre when purchasing a large tract of land.
SUMMARY
Staff recommends the payment of $2,830.00 to the Burger family for an easement to install a Welcome to
Rosemount sign.
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Kennedy Graven, Chartered Abstract
EASEMENTS
THIS INSTRUMENT is made by Burger Family Limited Partnership, a limited partnership
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"):
That part of the E '/2 of the SE 1/4 of Section 21, Township 115, Range 18; the NE
1/4 of the NE '/4 of Section 28, Township 115, Range 18; and the SW '/a of
Section 22, Township 115, Range 18, all in Dakota County, Minnesota, described
as follows: Commencing at the South 1/4 comer of said Section 22; thence South
89 °00' 18" West on an assumed bearing along the South line of the SW '/4 of said
Section 22, a distance of 1715.50 feet to the point of beginning of the land to be
described; thence continuing South 89 °00' 18" West along the South line of said
SW /4, a distance of 892.10 feet to the Southwest comer of said Section 22;
thence South 0 °09'50" West along the East line of the NE 'A of Section 28, a
distance of 251.63 feet; thence North 82 °01'03" West, a distance of 481.55 feet;
thence North 71 °11'09" West, a distance of 229.81 feet; thence North 88 °50'37"
West, a distance of 619.92 feet to the West line of the NE 1/4 of the NE 1/4 of said
Section 28; thence North 0 °06'22" East along said West line of the NE 1/4 of the
NE 1/4 a distance of 118.11 feet to the Northwest comer of said NE 1/4 of the NE
1/4, said point also being the Southwest comer of the E '/2 of the SE 1/4 of said
Section 21; thence North 0 °10'07" West along said West line of the E' /2 of the SE
'/4 of said Section 21, a distance of 1616.80 feet to the center line of Pine Bend
328530v1 CBR RS220 -274
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Trail; thence Southeasterly a distance of 323.59 feet along the center line of Pine
Bend Trail on a non tangential curve concave to the Northeast having a central
angle of 2 °56'40 a radius of 6296.78 feet and the chord of said curve bears
South 69 °33'50" East; thence South 71°02'10" East tangent to the last described
curve along said center line a distance of 973.03 feet; thence Southeasterly a
distance of 318.50 feet along said centerline on a tangential curve concave to the
Southwest having a central angle of 13 °35'03" and a radius of 1343.38 feet;
thence South 57 °27'06" East along said center line and tangent to the last
described curve, a distance of 373.63 feet; thence Southeasterly, a distance of
199.07 feet along said center line on a tangential curve concave to the Northeast
having a central angle of 13 °30'31" and a radius of 844.35 feet; thence South
70 °57'37" East along said center line and tangent to the last- described curve, a
distance of 225.75 feet; thence South 0 °06' 19" East, a distance of 669.82 feet to
the point of beginning.
Excepting therefrom, that part of the West 892.10 feet of the SW %4 of Section 22
lying South of Pine Bend Trail.
B. Grantor desires to grant to the Grantee easements, according to the terms and .conditions
contained herein.
Terms of Easements
1. Grant of Easements. For good and valuable consideration, receipt of which is
acknowledged by Grantor, Grantor grants and conveys to the Grantee the following easements:
A perpetual, non exclusive easement for signage purposes over, under, across and
through that part of the Property described as follows:
Commencing at the southeast corner of said Northeast Quarter of the
Northeast Quarter; thence South 89 degrees 56 minutes 39 seconds West,
assumed bearing along the south line of said Northeast Quarter of the
Northeast Quarter, 668.51 feet; thence North 00 degrees 00 minutes 00
seconds East 34.02 to the point of beginning of said easement to be
hereinafter described; thence North 90 degrees 00 minutes 00 seconds
West 30.00 feet; thence North 00 degrees 00 minutes 00 seconds West
30.00 feet; thence North 90 degrees 00 minutes 00 seconds East 30.00
feet; thence South 00 degrees 00 minutes 00 seconds West 30.00 feet to
the point of beginning.
A perpetual, non exclusive easement for ingress and egress purposes over, under, across
and through that part of the Property described as:
A strip of land 10.00 feet in width over that part of the Northeast Quarter
of the Northeast Quarter of Section 28, Township 115, Range 18, Dakota
County, Minnesota, the centerline of which is described as follows:
328530v1 CBR RS220-274
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Commencing at the southeast corner of said Northeast Quarter of the
Northeast Quarter; thence South 89 degrees 56 minutes 39 seconds West,
assumed bearing along the south line of said Northeast Quarter of the
Northeast Quarter, 663.51 feet to the point of beginning of said centerline
to be hereinafter described; thence North 00 degrees 00 minutes 00
seconds East 51.45 feet and said centerline there terminating. Said strip of
land is to extend by its full width from the north line of State Highway
No. 55 to a line drawn perpendicular to said centerline and passes through
the point of termination.
The Easements are depicted on the attached Exhibit A.
2. Scope of Easements. The perpetual signage 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 sign.
The perpetual ingress and egress 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 ingress and egress from Highway 55 to the sign easement described herein.
The easements granted herein also include the right to cut, trim, or remove from the
easement areas trees, shrubs, or other vegetation and any structures or improvements that, in the
Grantee's judgment, unreasonably interfere with the easement or facilities or visibility of the
facilities of the Grantee, its successors or assigns.
3. 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 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 Grantor, its successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of 2008.
Burger Family Limited Partnership
By:
Its:
328530v1 CBR RS220-274
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STATE OF MINNESOTA
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2008, by the general partner of Burger Family
Limited Partnership, a limited partnership organized under the laws of the State of Minnesota, on
behalf of the limited partnership, Grantor.
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
(612) 337 -9300
328530v1 CBR RS220 -274
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EXHIBIT A
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