HomeMy WebLinkAbout6.l. Northern Natural Gas EasementI:\City Clerk\Agenda Items\Approved Items\6.l. Northern Natural Gas Easement.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: October 16, 2018
AGENDA ITEM: Northern Natural Gas Easement AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, PE, Director of Public
Works/City Engineer AGENDA NO. 6.l.
ATTACHMENTS: Easement; Map APPROVED BY: LJM
RECOMMENDED ACTION: Motion to Adopt an easement for a Northern Natural Gas
related to cathodic protection.
BACKGROUND
Currently Northern Natural Gas (NNG) has an easement that crosses Bloomfield Park to the east of the
existing hockey rink. In order to reduce corrosion and provide protection to the pipeline material, NNG
plans to install a cathodic protection system. This system requires the installing of an electric service line
from the existing transformer near the parking lot and an underground anode bed that would be located at
the far eastern end of the park.
Since the initial request, City Engineer Erickson, Parks and Recreation Director Schultz and the City
Attorney have been reviewing the easement documentation provided by NNG. The largest concern has
been the potential conflict between the easement and any future facilities that may be installed in the park.
As a result NNG has agreed to limit their easement width for the installation of the electrical service (near
the parking lot) to five feet in width. The width on the line to the anode bed will be twenty feet in width
as this area has less potential for the installation of any additional structures.
The attached easement document and map are provided as attachments.
RECOMMENDATION
Staff recommends that the City Council approve the cathodic protection easement document as requested
by Northern Natural Gas.
W.O. No.: 01124459
Line No.: MNB95901
Tract No.: DA-001
CATHODIC PROTECTION EASEMENT AGREEMENT
This Easement Agreement is between the City of Rosemount, a Minnesota municipal
corporation (“Grantor”), and NORTHERN NATURAL GAS COMPANY, a Delaware
corporation, with principal offices at 1111 South 103rd Street, Omaha, Nebraska 68124
(“Grantee”).
RECITALS
A. Grantor is the fee owner of two parcels (the “Premises”) legally described as follows:
Outlot D, Bloomfield, Dakota County, Minnesota: and
Outlot A, Bloomfield 4th Addition, Dakota County, Minnesota.
B. Grantor desires to grant to Grantee an easement, according to the terms and conditions in
this Agreement.
TERMS OF EASEMENT
1. Grant of Easement. For and in consideration of Six Thousand and No/100 dollars
($6,000.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged, Grantor), hereby grants and conveys to Grantee the following
easement:
A perpetual, non-exclusive public utility easement in order to construct, maintain, and
operate a cathodic unit, ground bed, and above or below ground appurtenances thereto,
on, over or under, across, and through, the following parts of the Premises described
above:
● Contiguous strips of land, each 20 feet wide, centered on the “new rectifier site” and on
the anode header cables and the anode legs to be constructed in the areas marked with
lines ending at points A, B, and C on the sketch attached as Exhibit A; and
W.O. No.: 01124459
Line No.: MNB95901
Tract No.: DA-001
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● A strip of land five feet wide, centered along the electric line to be constructed in the
area identified as “AC Power” on the sketch attached as Exhibit A.
(the “Easement Area”).
2. Scope of Easement. The easement granted herein shall include the right of Grantee,
and its successors and assigns, to enter the Easement Area at all reasonable times for the purpose
of surveying, excavating, constructing, operating, inspecting, repairing, replacing, protecting,
altering, moving, or removing Grantee’s property. Grantee is responsible for all costs relating to
these activities in the Easement Area.
3. Grantee’s Obligations. In the exercise of its rights hereunder, Grantee shall: (a) restore
the ground surface as nearly as practicable to the original contour which existed immediately
prior to the commencement of any work; (b) repair in a good and workmanlike manner, at
Grantee’s cost, all fences, drainage and irrigation systems, and any other property of Grantor
which are cut, disturbed, or damaged by Grantee; and (c) restore or pay Grantor for any damages
caused by Grantee to Grantor's grasses, trees, shrubbery, fences, buildings, or other property,
provided, however, that the Grantee shall have the right, without liability for damages, from time
to time to cut or clear trees, brush, or other vegetative obstructions in the Easement Area that
might interfere with the operation or maintenance of Grantee’s facilities, though Grantee has no
obligation to do so.
4. Grantor’s Rights. Grantor shall have the right to use and enjoy the the Premises for all
purposes which will not interfere with Grantee’s use of the Easement Area, it being understood
that no building structure, or other permanent improvement or obstruction, shall be within the
Easement Area. Grantee shall have the right to remove any such buildings, structures, or other
permanent improvements or other obstructions within the Easement Area that interfere with
Grantee’s use of the easement but only after Grantee gives written notice to Grantor and a 60-day
period for Grantor to remove such obstructions.
5. Execution in Counterparts. This instrument may be executed in counterparts, but which
together shall constitute one and the same instrument.
6 .Assignment. The rights of the Grantee may be assigned in whole or in part, with written
consent of Grantor.
7. Indemnification. Grantee, its successors or assigns, shall defend, indemnify, and hold
harmless the Grantor and its successors and assigns from and against all suits, demands, causes
of action, liabilities, or claims for injury or damages of whatever nature, including but not limited
to personal injury, death or damage to property, arising out of or related to any activity of
Grantee, its agents, employees, licensees, invitees, or contractors on the Premises.
8. Minnesota Law. This instrument shall be governed by the laws of the State of
Minnesota.
9. Entire Agreement. This instrument contains the entire agreement of the parties; that
there are not other or different agreements or understandings between the Grantor and the
W.O. No.: 01124459
Line No.: MNB95901
Tract No.: DA-001
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Grantee or its agents; and that the person securing this easement on behalf of the Grantee is
without authority to make any agreement concerning this easement which is not set forth herein.
10. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES
HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF
LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT
TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH
ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN
WAIVED, AND AGREES ANY SUCH ACTIONS MAY NOT IN ANY EVENT BE
CONSOLIDATED TOGETHER.
11. Binding Effect. It is understood and agreed that this easement and all rights, privileges,
and obligations created herein shall run with the land and shall inure to the benefit of and be
binding upon the legal representatives, heirs, executors, administrators, successors, and assigns
of the parties hereto.
W.O. No.: 01124459
Line No.: MNB95901
Tract No.: DA-001
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Signed and delivered this _____ day of ______________, 2018.
GRANTORS:
Print Name:
Print Name:
W.O. No.: 01124459
Line No.: MNB95901
Tract No.: DA-001
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STATE OF )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of _____________,
20____, by .
(S E A L)
Notary Public
My Commission Expires
STATE OF )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me this _____ day of _____________,
20____, by .
(S E A L)
Notary Public
My Commission Expires
ADD SIGNATURE AND NOTARY BLOCKS FOR NNG REPRESENTATIVES
This Instrument Drafted by/Return to:
Right-of-Way Department
Northern Natural Gas Company
P. O. Box 3330
Omaha, Nebraska 68103-0330