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HomeMy WebLinkAbout6.g. Approve Utility Easement Agreement for Extension of Trunk Storm Sewer\\rsm-file\common\city clerk\agenda items\approved items\6.g. approve utility easement agreement for extension of trunk storm sewer.docx 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] DOCSOPEN\RS215\3\760475.v3-11/8/21 3 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] DOCSOPEN\RS215\3\760475.v3-11/8/21 4 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 DOCSOPEN\RS215\3\760475.v3-11/8/21 A-1 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 DOCSOPEN\RS215\3\760475.v3-11/8/21 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 DOCSOPEN\RS215\3\760475.v3-11/8/21 EXHIBIT C Depiction of the Easement Area