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HomeMy WebLinkAbout6.n. Approve Modification and Amendment of Easement Grant with Northern Gas for Bicardi Water Tower Property, City Project #355P CITY OF ROSEMOUNT '` EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: July 15, 2003 AGENDA ITEM: Approve Modification and Amendment of Easement AGENDA SECTION: Grant with Northern Natural Gas for Bacardi Water Tower Property, City ADD -ON Consent Project #355 PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA NO: . ATTACHMENTS: Easement Agreement with Exhibits APPROVED BY: 0 The attached Easement Agreement is with Northern Natural Gas Company for the recently purchased Bacardi Water Tower property. This Agreement modifies the existing pipeline blanket easement over the parcel to a defined easement for the pipeline. The Agreement also includes language that defines the City's right to construct certain improvements within the easement and across the pipeline for the completion of the Bacardi Water Tower and future fire station. Staff recommends Council approval of this Agreement. RECOMMENDED ACTION: MOTION TO APPROVE THE MODIFICATION AND AMENDMENT OF EASEMENT GRANT BETWEEN NORTHERN NATURAL GAS COMPANY AND THE CITY OF ROSEMOUNT AND AUTHORIZE THE NECESSARY SIGNATURES. COUNCIL ACTION: MODIFICATION AND AMENDMENT OF EASEMENT GRANT This instrument made and entered into this day of July, 2003, by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation, with principal offices at 111 l South 103rd Street, Omaha, Nebraska 68124 (hereinafter referred to as "Northern "), and CITY OF ROSEMOUNT, a Minnesota municipal corporation (hereinafter referred to as "Owner "). WITNESSETH THAT: WHEREAS, Northern is the holder of an Easement granted by Andrew Rothi and Dolida Rothi, on September 6' 1932, covering the following described premises in Dakota County, Minnesota: The East One Half (' /z) of the South West ('l<) of Section 21, Township 115 North Range 19 West, which Easement was recorded October 3, 1932 as Document No. 131184 -C in Book 193 at Page 370 -371, in and for Dakota County, MN, (hereinafter referred as "Easement "); and WHEREAS, pursuant to the authority contained in the Easement, Northern has constructed and currently operates and maintains an 18 -inch natural gas pipeline through and across the premises above - described; and WHEREAS, of the premises described in the Easement, Owner is present owner of the following described premises in Dakota County, MN, (hereinafter referred to as "Owned Premises "): The South 880 Feet of the North 1452.00 feet of the East 300 feet of the Southwest' /, of Section 21, township 115, Range 19, Dakota County, Minnesota. WHEREAS, the parties hereto desire to more clearly define their rights under the Easement and further desire to modify and amend the Easement in certain respects. NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth, it is agreed by and between the parties hereto as follows: 1. That Northern shall, and by these presents does, hereby limit its right -of -way under the Easement across the Owned Premises only to that strip of land shown and described on Exhibit "A" attached hereto and, by this reference, made a part hereof (hereinafter referred to as "Pipeline Right -of- Way ") 2. That Northern shall, and by these presents does, hereby release from the Easement all of its rights in and to the Owned Premises EXCEPT the Pipeline Right -of -Way described in Paragraph I above, upon which Pipeline Right -of -Way the Easement is retained in full force and effect, with all rights,(including, without limitation, multiple line rights) originally granted to Northern in the Easement; and EXCEPT Northern retains its right of ingress to and egress from the Pipeline Right -of -Way, to which right the Owned Premises shall remain subject. 3. Except as provided in this paragraph, the Owner shall not build, create, construct, nor allow to be built, created, or constructed, any hard, gravel, or similar surface road, any improvements or structures of any nature, nor alter the grade or permit such alteration, anywhere within the Pipeline Right -of -Way without the written consent of Northern. Northern agrees not to unreasonably withhold its consent. Northern shall have the right to clear and keep cleared from within the Pipeline Right -of Way all trees, brush, undergrowth, buildings, structures, improvements or other obstructions, and, Northern shall not be liable for loss, cost, or damage caused on the Pipeline Right -of -Way by keeping the Pipeline Right -of -Way clear of such trees, brush, undergrowth, buildings, structure, improvements, and other obstructions in the exercise of its rights hereunder. Notwithstanding the foregoing, Owner may install, repair, maintain and replace a bituminous- surfaced driveway within the Pipeline Right -of -Way, provided that the driveway is in substantial conformity with the preliminary site plan attached as Exhibit B. The plan shall be deemed in substantial conformity so long as the driveway does not extend beyond the west 15 feet of the described Pipeline Right -of -Way. Owner shall be responsible at its sole cost and expense for repairing and replacing any disturbance to the driveway improvement that results from Northern's reasonable activities to maintain, repair or replace its facilities within the Pipeline Right -of -Way. Northern agrees to provide Owner with 72 hours' notice prior to disturbing the driveway improvement, or, in cases of emergency, with prompt and reasonable notice under the circumstances. 4. The Owner shall allow Northern to establish aboveground marking along the centerline of the location of Northern's pipeline(s). This instrument and the covenants and agreements herein contained shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this instrument the day and year first above written. "NORTHERN" "OWNER NORTHERN NATURAL GAS COMPANY CITY OF ROSEMOUNT By Title Agent and Attorney -in -Fact By Its Mayor By Its City Clerk STATE OF NEBRASKA ) )SS COUNTY OF DOUGLAS } On this day of July, 2003, before me a Notary Public duly commissioned and qualified in and for said county and state, personally came Glen Hass, the Agent and Attorney -in- Fact of Northern Natural Gas Company, who is personally known to me to be the identical person whose name is affixed to the above instrument in the capacity stated, and he acknowledged the said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said corporation. WITNESS my hand and official seal at Omaha, in said county and state, the date aforesaid. (SEAL) Notary Public STATE OF MINNESOTA ) )SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a Notary Public duly commissioned and qualified in and for said county and state, on this day of July, 2003, by and , the mayor and city clerk, respectively, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation. (SEAL) Notary Public My Commission Expires This Instrument Drafted By And To Be Returned To: Right -of -Way Department Northern Natural Gas Company P. O. Box 3330 Omaha, Nebraska 68103 -0330 -3- P y 1 STATE OF NEBRASKA ) )SS COUNTY OF DOUGLAS } On this day of July, 2003, before me a Notary Public duly commissioned and qualified in and for said county and state, personally came Glen Hass, the Agent and Attorney -in- Fact of Northern Natural Gas Company, who is personally known to me to be the identical person whose name is affixed to the above instrument in the capacity stated, and he acknowledged the said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said corporation. WITNESS my hand and official seal at Omaha, in said county and state, the date aforesaid. (SEAL) Notary Public STATE OF MINNESOTA ) )SS COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a Notary Public duly commissioned and qualified in and for said county and state, on this day of July, 2003, by and , the mayor and city clerk, respectively, of the City of Rosemount, a Minnesota municipal corporation, on behalf of the corporation. (SEAL) Notary Public My Commission Expires This Instrument Drafted By And To Be Returned To: Right -of -Way Department Northern Natural Gas Company P. O. Box 3330 Omaha, Nebraska 68103 -0330 -3- 005 952 887 1759 P.02/03 Exhibit "A" page 1 of 2 A 86.00 foot wide perpetual - easement for pipeline purposes over under and across the East 86.00 feet of the South 880.00 feet of the North 1452.00 feet of the Southwest Quarter of Section 21, Township 115, Range 19, Dakota County, Minnesota. 0 F13:�28946421 EASTLUND LAW FIRM 0006 JUL- 09- 7 20 MPLS ROW 952 887 1759 952 887 1759 P.03iO3 Ca sem ent Exhbl "A• page 2of2 �w��� Fd CIM • - -The NE corner Sketch � W of the NW 1/4 NNG Valve Site a of Sec. 21, Twp, 115, RBe. 19. ♦ q (Rosemount Junction)- -\ Dakota County. N. line of the SW Minnesota' NORTHERN NATURAL 1/4 of Sea 21 -, � m Fd8284 MP 113.93- GAS COMPANY 1MTH S rJWET w �; o f ♦ HIP 9294 1 Une Name: Ventura to Raeeimunt Junction Hesse _� a CDUnty: Dakota, Mirwasob Garaye•,, Project Name: City of Rmmall'nt vs. Notroaek 1 • 1 semi- � i Trager 1 I I 1 I 1 i i P 1 SCAt !: ' 7 200 FEET . I I o ° 1 OWNER. C4 1 George A &Judy 4 Novacek � t. 2058 135th Street W _�_y, 1 A CIA Rosemount, MN 55088 PROPOSM P6RMIINElV l5ASEA#ENf AREA: i Area - 75,680 aq.ft. 1.737 pq'pg �'0� o i s4" • G, � -300.00. 3 1 O :,,' w c� S a sm LE GEN D G r � m ©� CAST IRON MONUMENT FOUND p • _ IRON MONUMENT FOUND -UQ -- UNDERGROUND CAS uNE ' Lo r R PROPOSED PERMANENT EASMENT AREA 86.0 I hereby eertifT that thle curve plan or Y. P report was --._ prepared by me or under my direct supervision and at ,�; 1 a thlawam v e y Ucen tend Surveyor• under 4 I I ' GF rd IP 8294 Fd IP 9294 urt M. Kiseh •,!�' Exist 86.00 foo# Wlde ^ The SE corner of the SW 1/4 of DA 4 -16-03 E NNc REG. NO- ?3968 5' pipeline easement-^ _ � • Sec. 21, •Twp. 115. Fd CIM Rge. 19, Dakota County, Minnesota r"'\ wmb, nor PLK , . , ROSEMOUNT TO VENTURA JUNCT /ON 2/2 �� .,��� ... &,,..,... -- -- _ .. ,� ..... EASEMENT SKETCH 00 2asl TfITl11 C AZ r.�t .. f � , ASY F..� ���ya j 4 G ,r 07/10/2003 1 0 F13:�28946421 EASTLUND LAW FIRM 0006 JUL- 09- 7 20 MPLS ROW 952 887 1759 952 887 1759 P.03iO3 Ca sem ent Exhbl "A• page 2of2 �w��� Fd CIM • - -The NE corner Sketch � W of the NW 1/4 NNG Valve Site a of Sec. 21, Twp, 115, RBe. 19. ♦ q (Rosemount Junction)- -\ Dakota County. N. line of the SW Minnesota' NORTHERN NATURAL 1/4 of Sea 21 -, � m Fd8284 MP 113.93- GAS COMPANY 1MTH S rJWET w �; o f ♦ HIP 9294 1 Une Name: Ventura to Raeeimunt Junction Hesse _� a CDUnty: Dakota, Mirwasob Garaye•,, Project Name: City of Rmmall'nt vs. Notroaek 1 • 1 semi- � i Trager 1 I I 1 I 1 i i P 1 SCAt !: ' 7 200 FEET . I I o ° 1 OWNER. C4 1 George A &Judy 4 Novacek � t. 2058 135th Street W _�_y, 1 A CIA Rosemount, MN 55088 PROPOSM P6RMIINElV l5ASEA#ENf AREA: i Area - 75,680 aq.ft. 1.737 pq'pg �'0� o i s4" • G, � -300.00. 3 1 O :,,' w c� S a sm LE GEN D G r � m ©� CAST IRON MONUMENT FOUND p • _ IRON MONUMENT FOUND -UQ -- UNDERGROUND CAS uNE ' Lo r R PROPOSED PERMANENT EASMENT AREA 86.0 I hereby eertifT that thle curve plan or Y. P report was --._ prepared by me or under my direct supervision and at ,�; 1 a thlawam v e y Ucen tend Surveyor• under 4 I I ' GF rd IP 8294 Fd IP 9294 urt M. Kiseh •,!�' Exist 86.00 foo# Wlde ^ The SE corner of the SW 1/4 of DA 4 -16-03 E NNc REG. NO- ?3968 5' pipeline easement-^ _ � • Sec. 21, •Twp. 115. Fd CIM Rge. 19, Dakota County, Minnesota r"'\ wmb, nor PLK , . , ROSEMOUNT TO VENTURA JUNCT /ON 2/2 �� .,��� ... &,,..,... -- -- _ .. ,� ..... EASEMENT SKETCH 00 2asl TfITl11 C AZ NOTES EXISTING GARAGE O7 EAST LINE OF THE 1/4 SW 1/4 I. ALL UNDERGROUND PIPING SHALL BE LAID 7. BORING LOCATIONS ASSOCIATED WITH PROJECT 13. CENTER OF TONER LOCATION USING ON GRADE BETWEEN THE ELEVATION POINTS SHOWN, MANUAL APPENDIX A. ® DAKOTA COUNTY COORDINATE SYSTEM: NO LOW OR HIGH POINTS WILL BE ALLOWED EXCEPT AS SHOWN. . 8 CONTRACTOR SHALL REPAIR ALL DAMAGE TO EXISTING NORTHING' 202087.542 2. MAINTAIN 7' -8' MINIMUM COVER ROADWAYS CAUSED BY CONSTRUCTION ACTIMTES. FASTING- 554840.792 OVER PIPING. 3. SIZE OF FITTINGS AND VALVES SHALL CORRESPOND 9. THE CONTRACTOR SHALL PREPARE AND SUBMIT TO THE ENGINEER TO THE SIZE OF THE ADJACENT PIPING - FOR ACCEPTANCE, A TEMPORARY EROSION CONTROL PLAN. NO 4, ALL BURIED METAWC PIPE, FITTINGS AND VALVES WORK SHALL BE STARTED UNTIL EROSION CONTROL SCHEDULES AND PROPOSED CONTROL NE7HOO5 HAVE BEEN ACCEPTED BY ENGINEER. SHALL HAVE POLYETHYLENE ENCASEMENT AS DESCRIBED W SPEC. SECTION 02600. 10. CONTRACTOR TO VERIFY LOCATION OF ALL EXISTING 5. ALL MECHANICAL JOINTS SHAH BE RESTRAINED SITE UTILITIES. W ACCORDANCE WITH SPEC. SECTION 0260D Ii. ALL DIP SHALL BE CLASS 53 UNLESS OTHERWISE NOTED 6. APPLY 4' TOPSOIL AND SEED OR SOD ALL DISTURBED AREAS PER SPEC. SECTION 02900. 12.PWN END FITTINGS ARE NOT ACCEPTABLE DRAFT #2 DATE 5 -19 -03 EXHIBIT "B" E XCAVATION NOTICE SYSTE A CALL TO GOPHER STATE ONE (851)454 -0002 IS REQUIRED A MINIMUM OF 48 LOURS PRIOR TO PERFORMING ANY EXCAVATION. g 9 :I S K ggS AI li O AG O x a o � 3 � a 0 EXISTING GARAGE O7 EAST LINE OF THE 1/4 SW 1/4 O EXISTING HOUSE O PROPOSED WATER TONER LOCATION O3 NEST LINE OF THE EAST 300' O4 COUNTY ROAD 3B OS GAS PIPE LINE O 12' GRAVEL DRIVEWAY 0 60' X20' ME WA E�ST0 GE Wd ZO :ZZ:T EOOZ /iI /C 'TT TO-] EEO -T6E 13 lz a� a = R ' . f v mw , SW I