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EXECUTIVE SUMMARY
City Council Meeting: November 16, 2021
AGENDA ITEM: Approve Utility Easement Agreement for
Extension of Trunk Storm Sewer
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, PE, City Engineer AGENDA NO. 6.g.
ATTACHMENTS: Resolution; Easement Exhibit; Easement
Agreement APPROVED BY: LJM
RECOMMENDED ACTIONS: Motion to Adopt a Resolution approving an Easement
Agreement for the portion of the trunk storm sewer lying outside of existing Connemara
Trail right of way
BACKGROUND
The City Council approved a contract with Ryan Contracting at the September 21, 2021 meeting and a
contract modification at the October 19, 2021 meeting to extend the storm line 50’ past the existing
eastern property line of the Emerald Isle development on to private property.
In order to ensure access to the storm trunk line once installed, the City Attorney has prepared an
easement agreement with the existing property owner, Keith W. Bester and JoyLynn D. Bester, Trustees of
the Bester Family Revocable Trust. Staff has been in contact the owners and they are willing to grant an
easement for this work. It should be noted that there is a possible development being explored on that
parcel and thus the easement would become part of future Connemara Trail right of way.
To construct the trunk sewer, a temporary construction easement of 200 feet by 200 feet is needed with a
final permanent easement of 80 feet by 70 feet once construction is completed. Establishing this easement
is necessary in the event the parcel doesn’t develop next summer. Based on the current construction
schedule, the storm trunk line will be installed by the end of 2021, prior to the potential dedication of
additional right of way.
RECOMMENDATION
Staff recommends Council adoption of the attached resolution approving an easement agreement for the
portion of the trunk storm sewer lying outside of existing Connemara Trail right of way.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021 – 90
A RESOLUTION APPROVING AN EASEMENT AGREEMENT
FOR CONNEMARA TRAIL TRUNK STORM SEWER,
CITY PROJECT 2021-06
WHEREAS, the City of Rosemount awarded a contract for construction of the Connemara Trail
Trunk Storm Sewer to Ryan Contracting on September 21, 2021, and;
WHEREAS, the City of Rosemount approved a contract modification to extend the trunk storm sewer
fifty (50) feet east of the eastern property line of the Emerald Isle development on October 19, 2021,
and;
WHEREAS, the property owner to the east of the Emerald Isle development has agreed to allowing
the trunk storm sewer to be extended to the east, and;
WHEREAS, the City Attorney has prepared an easement agreement for both temporary construction
and permanent easement on to the adjoining property.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Rosemount,
Minnesota, as follows:
1. The easement agreement for the extension of the trunk storm sewer between the City of
Rosemount and Keith W. Bester and JoyLynn D. Bester, Trustees of the Bester Family
Revocable Trust is approved.
2. The Mayor and Clerk are hereby authorized and directed to enter into said easement
agreement with the property owners for and on behalf of the City of Rosemount.
ADOPTED this 16th day of November, 2021.
William H. Droste, Mayor
ATTEST:
Erin Fasbender, City Clerk
N00°21'37"E 797.5290.00
597.52200.00
S89°38'23"E 200.00N00°21'37"EN89°38'23"W
200.00
S89°38'23"E
70.00
N00°21'37"E
80.00
N89°38'23"W
70.00
80.00
30.00
OWNER: KEITH W SR & JOYLYNN D TSTES BESTER
AND KURT V & ALAN R BESTER
ADDRESS: 1659 145TH ST E
PID: 34-02600-30-010
396.00330.00SW CORNER OF THE
W 1/2 OF THE NW 1/4
OF SEC. 26, T. 115, R. 19
W LINE OF THE
W 1/2 OF THE NW 1/4
OF SEC. 26, T. 115, R. 19
S LINE OF THE
W 1/2 OF THE NW 1/4
OF SEC. 26, T. 115, R. 19
E LINE OF THE
W 1/2 OF THE NW 1/4
OF SEC. 26, T. 115, R. 19
Prepared by:WSB Project No.Date:Prepared by:WSB Project No.Date:
Bester Property
Drainage and Utility Easement Exhibit
PID: 34-02600-30-010
Address: 1659 145th St E
City of Rosemount, Minnesota
018074-000 10/29/2021
N
TEMPORARY CONSTRUCTION EASEMENT AREA = 34,400 SQ. FT.
PARCEL LINE
0
1 inch = 200 feet
200
Graphic Scale (feet)
PERMANENT UTILITY EASEMENT AREA = 5,600 SQ. FT.K:\018074-000\Survey\Drawing\Easement\1659 145th St E\018074-000-V-ESMT-1659 145th St E.dwg, 10/29/2021 3:02:02 PM
DOCSOPEN\RS215\3\760475.v3-11/8/21 1
PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT
THIS PERMANENT UTILITY EASEMENT AND TEMPORARY
CONSTRUCTION EASEMENT is made as of _______________ __, 20__ by Keith W. Bester
and JoyLynn D. Bester, Trustees of the Bester Family Revocable Trust under agreement dated
April 19, 2019; Kurt V. Bester and Patricia Bester, married to each other; and Alan R. Bester and
Elizabeth Bester, married to each other; (collectively, “Grantors”), in favor of the City of
Rosemount, a Minnesota municipal corporation (“Grantee”).
Recitals
A. Grantors are the fee owners of that certain real property located at 1659 – 145th Street East,
Rosemount, MN, in Dakota County, Minnesota, and as legally described in the attached Exhibit
A (the “Property”).
B. Grantors wish to grant to the Grantee a certain non-exclusive permanent utility easement,
and a temporary construction easement as hereinafter described in, over, across, beneath, and
above a portion of the Property, which are legally described on the attached Exhibit B, and further
depicted on the attached Exhibit C (the “Easement Area”) according to the terms and conditions
contained herein (the “Easement”).
Terms of Easements
1. Recitals: The above recitals are hereby incorporated into these Easements.
2. Grant of Permanent and Temporary Easements. For good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged by Grantors, Grantors grant and convey
to the Grantee a perpetual, non-exclusive easement for utility purposes, and a temporary easement
for construction purposes in, over, across, beneath, and above the Easement Area.
3. Scope of Easements. The permanent non-exclusive easement for public utility purposes,
and the temporary easement for construction purposes granted herein include the right of Grantee,
its contractors, agents, and employees to install, locate, construct, operate, maintain, alter, repair,
improve, and replace utility facilities within the Easement Area. The Easements granted herein
DOCSOPEN\RS215\3\760475.v3-11/8/21 2
also includes the right to cut, trim, or remove from the Easement Area such trees, shrubs, or other
vegetation as in the Grantee’s judgment unreasonably interferes with the Easement or facilities of
the Grantee, its successors, or assigns.
4. Warranty of Title. Grantors warrant they are the fee owners of the Property and have the
right, title and capacity to convey to Grantee the Easements described herein.
5. Environmental Matters. 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.
6. Binding Effect. The terms and conditions of this Instrument shall run with the land and be
binding on Grantors, their heirs, successors and assigns.
7. Term of Temporary Easement. Said temporary easement shall commence upon the
effective date of a written notice by the Grantee to the Grantors of its intention to enter said
temporary easement tract to begin construction, and said temporary easement shall terminate on
April 1, 2022.
STATE DEED TAX DUE HEREON: NONE
[Remainder of Page Intentionally Left Blank; Signature Pages to Follow]
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IN WITNESS WHEREOF, the undersigned has executed this Instrument as of the date
first above written.
GRANTOR:
The Bester Family Revocable Trust under
agreement dated April 19, 2019
By:
Keith W. Bester, Trustee
By:
JoyLynn D. Bester, Trustee
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this __ day of _________, 2021 by Keith
W. Bester and JoyLynn D. Bester, Trustees of the Bester Family Revocable Trust under agreement
dated April 19, 2019, as Grantor.
______________________________
Notary Public
NOTARY STAMP OR SEAL
[Remainder of Page Intentionally Left Blank; Additional Signature Pages to Follow]
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IN WITNESS WHEREOF, the undersigned has executed this Instrument as of the date
first above written.
GRANTORS:
By:
Kurt V. Bester
By: __________________
Patricia Bester
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this __ day of _________, 2021 by Kurt
V. Bester and Patricia Bester, married to each other, as Grantors.
______________________________
Notary Public
NOTARY STAMP OR SEAL
[Remainder of Page Intentionally Left Blank; Additional Signature Page to Follow]
DOCSOPEN\RS215\3\760475.v3-11/8/21 5
IN WITNESS WHEREOF, the undersigned has executed this Instrument as of the date
first above written.
GRANTORS:
By:
Alan R. Bester
By: __________________
Elizabeth Bester
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this __ day of _________, 2021 by Alan
R. Bester and Elizabeth Bester, married to each other, as Grantors.
______________________________
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (MDT)
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A
Legal Description of the Property
The West One One-half (W1/2) of the Northwest Quarter (NW1/4) of Section Twenty-six (26),
Township One Hundred Fifteen (115), Range Nineteen (19), except the East 24 rods of the South
20 rods, Dakota County, Minnesota.
Parcel ID: 34-02600-30-010
Abstract Property
B-1
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EXHIBIT B
Legal Description of the Easement Area
A permanent easement for utility purposes over, under, and across that part of West Half of the
Northwest Quarter of Section 26, Township 115, Range 19, Dakota County, Minnesota, described
as follows:
Commencing at the southwest corner of said West Half of the Northwest Quarter; thence North 00
degrees 21 minutes 37 seconds East, assumed bearing along the west line thereof, a distance of
687.52 feet to the point of beginning of the easement to be described; thence South 89 degrees 38
minutes 23 seconds East a distance of 70.00 feet; thence North 00 degrees 21 minutes 37 seconds
East a distance of 80.00 feet; thence North 89 degrees 38 minutes 23 seconds West a distance of
70.00 feet to said west line; thence South 00 degrees 21 minutes 37 seconds West, along said west
line a distance of 80.00 feet to the point of beginning.
AND
A temporary easement for construction purposes over, under, and across that part of West Half of
the Northwest Quarter of Section 26, Township 115, Range 19, Dakota County, Minnesota,
described as follows:
Commencing at the southwest corner of said West Half of the Northwest Quarter; thence North 00
degrees 21 minutes 37 seconds East, assumed bearing along the west line thereof, a distance of
597.52 feet to the point of beginning of the easement to be described; thence South 89 degrees 38
minutes 23 seconds East a distance of 200.00 feet; thence North 00 degrees 21 minutes 37 seconds
East a distance of 200.00 feet; thence North 89 degrees 38 minutes 23 seconds West a distance of
200.00 feet to said west line; thence South 00 degrees 21 minutes 37 seconds West, along said
west line a distance of 200.00 feet to the point of beginning.
C-1
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EXHIBIT C
Depiction of the Easement Area