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Home My WebLink About6.l. Declaration of Easement - Akron Avenue Trunk Utility & Railroad Improvements, City Project #417 4 ROSEN4OLIN41T EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: April 15, 2008 AGENDA ITEM: Declaration of Easement Akron Avenue AGENDA SECTION: Trunk Utility Railroad Improvements, Consent City Project #417 PREPARED BY: Andrew J. Brotzler, PE, City Engineerk AGENDA NO. 6.1. ATTACHMENTS: Map, Easement Exhibit, Easement APPROVED BY: Declaration RECOMMENDED ACTION: Motion to Execute a Permanent and Temporary Drainage and Utility Easement over the Outdoor Athletic Complex. ISSUE: To establish a permanent utility and drainage easement and a temporary construction easement over the Outdoor Recreational Complex for the Akron Avenue Trunk Utility and Railroad Improvements, City Project #417. BACKGROUND: Specific permanent drainage and utility easement areas and temporary construction easement areas have been identified along the project corridor necessary to encompass the installation of public sanitary sewer and watermain, as well as to allow for the relocation of private utilities currently existing within the project area. Attached is an exhibit illustrating the location of the proposed permanent and temporary easement areas on the Outdoor Athletic Complex site. Additionally, the attached legal descriptions and easement declaration document has been reviewed by the City Attorney. SUMMARY: Staff recommends Council authorize the declaration of a permanent drainage and utility easement and temporary construction easement over the Outdoor Athletic Complex for the Akron Avenue Trunk Utility and Railroad Improvements, City Project #417. G: \ENGPROJ\ 417 \DedarationofEasementCC415-08.doc Outdoor Recreation Complex ROSEMO 2 "--'.0‘4.1 I V 1 1 II c Q II 124TH CT Wi )Lill Z x 11 8 1 i7 4 ti re NX a V W W �I, m� Z O t m 14's. N Y CC 130TH ST W Q W 7, a m W a o B NAIRE PATH W BONAIR ATH E 1 Ati�Pat�ro r -.MOW/ 1 k BIRDSONO PAT C r J. 138TH ST O 044,,C* C ii r ep co: l' 1 �P a y' j ti �r 140TH ST ST W V a I 8 LMONT m r ti W m a Mi a i Z W T- I r O Z B T 441.14 O re 4 5'1 J P g S 4 y 9�% OELDP4TN 1A r. ND m \,d o ST W z 05. 9000 1 3 C O OMFIE D Q is Q' /BEECH ST W a, 44.0 v'� 'H ST W f W 0- BA RRYTR CIR Ay 145TH ST W (CSAH 42) 145TH o G •R AURORA AVE m 0. 1 e lsc 3EN BBiRYe N w V W E Q A rLS) S 0 750 1,500 3,000 4,500 6,000 1 1Feet TJG1S/City /Maps/Departmental Maps!Engineerfng!Chris1ORC Locate April 2008 NORTH LINE OF NW OF NE S�1y S5o IL SF G 2 o f N of N� \-1.4 k M N 110' TEMPORARY EASEMENT I NORTH UNE OF SW OF NE A n n 7 0 PERMANENT UTILTY AND DRAINAGE 111 I 4.: EASEMENT 1 n EXISTING RIGHT OF WAY 1 �I :j` 80' PERMANENT UTILITY AND DRAINAGE 1111 11M10 2••% EASEMENT CITY OF ROSEMOUNT 4 34- 02200- 013 -07 9 N R 9 C` 1 ;:;:;�E WEST LINE OF SW/ OF NE 5, I n o f NE O I, S SC- I 4 EXISTING RIGHT OF WAY AREA= 55,685 50 FT II PROPOSED PERMANENT UTILITY AND 11 DRAINAGE EASEMENT 11 14.4 AREA 80.022 SO FT 1 660 r PROPOSED TEMPORARY CONSTRUCTION EASEMENT c i A AREA =141,596 SO FT 11 11 SOUTH UNE OF SW OF NE SI 1111 1 R I it 0NA{R"E—w4lFF I 11 S 11 1111 -11111 1 11 1 11 1 1 1 11 i 1 I 8 WSB Pr NN No. 1666-30 Dad 12/18107 ,o„ Xenia Avow. SoI.4h. Sults 3O0 Akron Avenue Trunk Utility Improvements Protect N. 2/11 MB WSB MY...pad, MN 55418 RIGHT OF WAY EXHIBIT an' 3 tROSEMOUNT II.0600. aN 11I Rosemount, Minnesota is \NM6IIMCIIIIE r BI6EERN68 PUNIC sCOSIRUC7INI 11 Parcel 3 Project No. 1556 -59 PID NO. 34-02200-013-07 DECLARATION OF EASEMENT THIS DECLARATION OF EASEMENT (the "Declaration is made this day of 2008, 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: The West Half of the Northeast Quarter of Section 22, Township 115, Range 19, EXCEPT the North 722.25 feet thereof, according to the U.S. Government Survey thereof, Dakota County, Minnesota. B. Declarant wishes to establish a certain non exclusive, permanent easement for utility and drainage 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 and drainage purposes over, under and across that part of the Property described as follows: The west 70.00 feet of the west half of the Northeast Quarter of Section 22, Township 115, Range 19, Dakota County, Minnesota, lying south of the north 1077.25 feet of said west half of the Northeast Quarter. And the east 10.00 feet of the west 80.00 feet of said west half of the Northeast 331285v1 MP RS220 -273 1 Quarter, lying south of the north 1343.12 feet of said west half of the Northeast Quarter. And the east 75.00 feet of the west 155.00 feet of the north 102.00 feet of the south 762.00 feet of said west half of the Northeast Quarter. And the east 65.00 feet of the west 135.00 feet of the south 72.00 feet of the north 1149.25 feet of said west half of the Northeast Quarter. As depicted on the attached Exhibit. 2. Temporary Easement. The Property shall be subject to a temporary easement for construction purposes over, under and across the east 110.00 feet of the west 180.00 feet of said west half of the Northeast Quarter, lying south of the north 1067.25 feet of said west half of the Northeast Quarter of the Property. Except that part which lies within any of the above described permanent easements for utility and drainage purposes. Said temporary easement shall expire on June 1, 2010. 3. Scope of Easement Rights. The utility and drainage easement created herein includes the right of the City of Rosemont, its contractors, agents and employees, to enter the Property at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, altering and repairing within the described easement area a public roadway, ground surface drainage ways, or other public facilities or improvements of any type that are not inconsistent with a public right -of -way use. 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 materials 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 area trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easements or facilities of the Grantee, its successors or assigns. 4. Easements 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. 5. Amendment; Modification; Termination. This Declaration may not be amended, modified or terminated without the consent of the City of Rosemount. 33I285v1 JMPRS220 -273 2 CITY OF ROSEMOUNT By: William Droste Its: Mayor By: James Verbrugge Its: Administrator STATE OF MINNESOTA ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2008, by William Droste and James Verbrugge, 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 331285v1 JMP RS220 -273 3 1 i NORTH UNE OF NW 1 OF NE {+,y, ct t9 r�1 N. C i II 110' TE}IPORARY EASEMENT q 11 i LAW OF SW OF NE Er 7b' PfRMN NT UTUJ Y AND1J 1cE III 11 *7 DO SfJJEN T 1.111 EXISTIMO RANT CF WAY hilt II y�� EA PERMANENT UTIM AND MINNI= it art OF ROSEMOUNT 34- 02200 013 -07 I 1Fi• 09 I WEST LINE OF SW 4 OF NE 3 TOc?, 'N r 4. ''i av 1; sw i. 4 11 COSTING EXRTIIC RIGHT OF MY 1 II AREA=55 ,885 SO FT u PR�O6ED PERMANDIT w EASEMENT "WV AND AGE AREA DRMJ ED. S FT ED AR OPOS PORARY CONSTRUCTION EASEMENT .'1� SOUTH UNE OF SW 4 OF NE 71' Ili h';I II' 1!1 I:Ill y'• .II! I,. I S f .>Q L I l MINNS giii Akron Avenue Trunk Miry Imp,ovemenhe CI N. .1 MI ISM RIGHT OF WAY EXHIBIT P 3 1/4 _11=7, 71.47 Raeemoun Minnesota a i 331285v1 JMP RS220 -273 4