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Home My WebLink About6.h. Grant Northern States Power (Xcel Energy) an Easement along Bonaire Path EastI:\City Clerk\Agenda Items\Approved Items\6.h. Grant Northern States Power (Xcel Energy) an Easement along Bonaire Path East.docx E X E C U T I V E S U M M A R Y City Council Meeting: September 3, 2019 AGENDA ITEM: Grant Northern States Power (Xcel Energy) an Easement along Bonaire Path East AGENDA SECTION: Consent PREPARED BY: Brian Erickson, PE, Director of Public Works/City Engineer AGENDA NO. 6.h. ATTACHMENTS: Easement Agreement, Easement Compensation APPROVED BY: LJM RECOMMENDED ACTION: Authorize an Easement Agreement with Northern States Power (Xcel Energy) in conjunction with the Bonaire Path E Improvements, City Project 2018-03 BACKGROUND City Project 2018-03 is proposed to convert Bonaire Path East from the existing rural gravel section to a paved section. The project will also include utility work and improvements at the existing railroad crossing on Bonaire Path E to facilitate extending the City’s Quiet Zone. As part of the improvements, relocation of overhead power lines owned by Northern States Power (NSP), doing business as Xcel Energy is required in order to complete construction. NSP has requested an easement for the relocation of the transmission lines located on the north side of Bonaire Path as depicted in the attached document. Additionally, NSP has agreed to purchase this easement for $6,300.00. This easement encompasses 0.93 acres on the southern edge of the Flint Hills Soccer Complex. The area was staked so that a review of the request could be seen in the field. Upon review staff did not have any concerns about impacting future plans along the southern edge of the parcel. The City Attorney has reviewed the agreement and provided no additional comment. RECOMMENDATION Staff recommends the City Council approve the agreement with NSP and accept the proposed compensation for the easement. Page 1 of 3 Sec 22 Twp 115 Rge 19 Grantor City of Rosemount Line No. 0742 rev(l) 10-4-04 EASEMENT The City of Rosemount, a Minnesota municipal corporation, hereinafter called "Grantor", in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to Grantor in hand paid by Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, hereinafter called "NSP", does hereby grant unto NSP, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild, or remove electric lines with all towers, structures, poles, foundations, crossarms, cables, wires, guys, supports, counterpoises, fixtures, and devices appurtenant to said lines through, over, under and across the following described lands situated in the County of Dakota, State of Minnesota, described on the attached Exhibit A (the “Premises”). Except for the right of access and temporary construction area, said easement shall be limited to that certain part of the Premises described as the “Easement Area” on the attached Exhibit A. The rights granted herein may be exercised at any time subsequent to the execution of this document. The grant of easement herein contained shall also include the right to enter upon the Premises, to survey for and locate said lines and shall also include the right to trim or remove from said Easement Area any structures, trees (including tall or leaning trees located within the Premises adjacent to the Easement Area, which may endanger said lines by reason of falling thereon) or objects, except fences, which in the opinion of NSP will interfere with said lines. Grantor agrees not to erect any buildings, structures or other objects, permanent or temporary, except fences, upon the Easement Area. Grantor further agrees not to plant any trees within the Easement Area without the prior express written approval from NSP, nor to not perform any act which will interfere with or endanger said lines. The grant of easement herein contained shall also include the right of NSP to have reasonable access to said Easement Area across the Premises. The grant of easement herein contained shall also include the right of reasonable temporary use by NSP of Premises adjacent to said Easement Area during construction, repair or replacement of said transmission lines, for additional construction area. Said electric lines and supporting structures from time to time may be reconstructed or relocated on said Easement Area with changed dimensions and to operate at different voltages. Page 2 of 3 Sec 22 Twp 115 Rge 19 Grantor City of Rosemount Line No. 0742 rev(l) 10-4-04 The grant herein contained shall also include the right of NSP to permit the attachment of wires of others to the structures supporting said lines. Grantor reserves the right to dedicate and have or permit to be improved, maintained, and used for the purposes of streets, curbs and gutters, sewers, water and underground utilities (hereinafter called "improvements"), the portion of said Easement Area not occupied by the structures supporting Northern States Power Company's electric system, provided that said improvements do not in the opinion of NSP impair the structural or electrical integrity of or ability to maintain said electric system or materially alter the existing ground elevations; and provided further that all such improvements shall not result in a ground or other clearance of less than the minimum requirements specified by the National Electrical Safety Code. Grantor, its agents or assigns must submit plans of improvements or other installations within the Easement Area for review, compliance and written approval by NSP prior to installation of the improvements. Grantor also reserves the right to cultivate, use and occupy said Easement Area, in a manner that is not inconsistent with NSP’s rights granted herein. NSP shall pay for all damages to landscaping, roads and driveways, fences, livestock, crops, fields and other property caused by the construction or maintenance of said lines. Claims on account of such damages may be referred to NSP's nearest office. Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form herein. Grantor agrees to execute and deliver to NSP, at NSP's cost without additional compensation, any additional documents needed to correct the legal description of the Easement Area described herein, so that it describes the Easement Area within the Premises that was originally intended to be granted herein and which at a minimum provides conductor clearance meeting the requirements of the National Electrical Safety Code. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This instrument is exempt from the Minnesota Deed Tax. Page 3 of 3 Sec 22 Twp 115 Rge 19 Grantor City of Rosemount Line No. 0742 rev(l) 10-4-04 IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the _______ day of ___________________________, 2019. GRANTOR ______________________________________ Name: Title: STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of ________________________________, 2019, by ____________________________________________ of The City of Rosemount, a Minnesota municipal corporation on behalf of the corporation. _____________________________________ Notary Public This Instrument was drafted by: cdb Northern States Power Company d/b/a Xcel Energy 414 Nicollet Mall – 6A Minneapolis, MN 55401 Line 0742 Relocation Easement Compensation Worksheet for:City of Rosemount Parcel: 1 Stamer Agricultural Land Easement Compensation Value per acre Value Adjustment Acres From Survey Easement Compensation New Easement Payment: $9,000.00 75% 0.930 $6,277.50 Easement Area (From Survey): 0.930 Summary of Payments: Easement Payment $6,300.00 Total Payments $6,300.00 Payee(s): City of Rosemount SSN: Accepted by:____________________________________ Date:_____________ Accepted by:____________________________________ Date:_____________ Prepared by: Chris Berglund