HomeMy WebLinkAbout6.i. Authorize Entry into Easement Agreement with Univeristy of Minnesota (Auburn Avenue)
EXECUTIVE SUMMARY
City Council Regular Meeting March 1, 2022
AGENDA ITEM: Authorize Entry into Easement
AGENDA SECTION:
Agreement with University of Minnesota
Consent
– Auburn Avenue (Amber Fields)
PREPARED BY: Nick Egger, P.E., Public Works Director AGENDA NO. 6.i.
ATTACHMENTS: Easement Agreement & Exhibit APPROVED BY: ELF
RECOMMENDED ACTION: Motion to approve City entry into agreement with University
of Minnesota granting City an easement for segment of Auburn Avenue
BACKGROUND
The first phase of Amber Fields development is about to begin construction. A portion of the scope for
this phase will be to extend Auburn Avenue south of County State Aid Highway 42 by several hundred
feet. This road segment will actually be constructed outside of the Amber Fields plat on adjacent
University of Minnesota owned property. Auburn Avenue will be a City street, and for this the University
will need to grant an easement giving permission for the street to reside on their property. In the future
as development progresses to the west, permanent right of way will be dedicated to the City through the
platting processes for those future developments.
The easement document was provided to the City by the University in their format. Both the City
Attorney and I have reviewed the terms and conditions of the document along with referenced
information, and are comfortable with the language as written.
RECOMMENDATION
Staff recommends the City Council approve entry into the attached agreement with the University of
Minnesota granting the City an easement on University property for Auburn Avenue.
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RIGHT-OF-WAY EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (“Agreement”) is made effective the date of last
signature below (“Effective Date”) by Regents of the University of Minnesota, a Minnesota
constitutional corporation (the “Grantor” or the “University”), and the City of Rosemount, a
Minnesota municipal corporation (the “Grantee” or the “City”).
Recitals
A. University is the fee owner of certain real property legally described on Exhibit A attached
hereto (the “Property”);
B. City and Maplewood Development and Construction, Inc., a Minnesota corporation
(“Maplewood Development”), are undertaking a project to construct and extend Auburn Avenue
south of County State Aid Highway 42 (“CSAH 42”) and install associated sewer, water, and
stormwater utilities, sidewalk, and pathway, pursuant to Maplewood Construction’s Amber Fields
development, with the initial portion of extended Auburn Avenue and associated utilities to be
constructed from CSAH 42 to the southerly point of the east/west minor collector road of the
Development (the “Project”); and
C. To assist with the Project, and in recognition of the benefit that the Project will provide to
University’s adjacent UMore Park land to the west (“Project Benefit”), University wishes to grant to
City an easement as hereinafter described in, over, across, beneath, and on the Property which is
legally described on Exhibit A and depicted on Exhibit B attached hereto(the “Easement Area”),
according to the terms and conditions contained herein, and City wishes to accept the easement
according to the terms and conditions contained herein. A temporary construction agreement between
University and \[Maplewood Development\] has been entered into contemporaneously herewith to
allow \[Maplewood Development\] temporary use of the License Area identified on Exhibit B.
Terms of Agreement
1. Recitals. The recitals above are hereby incorporated herein and made part of the Agreement.
2. Grant of Easement. In consideration of the Project Benefit, University grants and conveys to
the City a permanent, non-exclusive right-of-way easement for public roadway, sidewalk, pathway,
and utility purposes in, over, across, beneath, and on the Easement Area (the “Easement”).
3. Scope of Easement. Subject to Section 4 of this Agreement, the Easement conveys to City,
its contractors, agents, and employees, all rights necessary for the construction, operation,
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maintenance, repair and replacement of public roadway, sidewalk, pathway, and utility uses. Said
rights include the following:
To cut, trim, or remove from the Easement Area such improvements, trees, shrubs, or
other vegetation as in the City’s reasonable judgment unreasonably interfere with the
Easement or the function of the roadway and utility facilities located therein;
The right to allow public utility companies to place, maintain, improve, repair, replace,
and remove utilities and related facilities within the Easement Area; and
To permanently grade or alter the grade of the land, and to remove and use all earth and
other material not reasonably necessary for lateral and subjacent support.
4. Warranty of Title. University warrants that it is the fee owner of the Property and has the
right, title, and capacity to convey to the City the Easement granted herein. City’s rights and the
Easement granted hereunder are subject to any and all existing restrictions, covenants, easements,
rights of way, and other encumbrances relating to the Easement Area that are of record or of which
City has knowledge, including, without limitation, that certain Easement Agreement between the
University and the Metropolitan Council dated February 15, 2006, as recorded in the Office of the
Dakota County Recorder on March 1, 2006 as document number A2409373; that certain Mining
Lease Agreement between the University and Dakota Aggregates, LLC dated June 8, 2011, as
amended, evidenced by the Memorandum of Lease dated August 23, 2013 and recorded in the
Office of the Dakota County Recorder on September 5, 2013 as document number 2973846; that
certain Easement Agreement between the University and Cooperative Power Association dated
May 27, 1980, as recorded in the Office of the Dakota County Recorder on October 2, 1980 as
document number 567894; and that certain Easement Agreement dated April 15, 2021 between
University and Mid-America Pipeline Company, LLC, recorded December 30, 2021, as Document
No. 3515209, as amended by Amendment to Easement Agreement dated November 17, 2021,
recorded December 30, 2021, as Document No. 3515210
5. Condition of the Easement Area. The Easement Area is made available to City in “AS IS,
WHERE IS, WITH ALL FAULTS” condition. Except for University’s warranty set forth in
Section 4 above, no verbal or written representations, warranties, promises or guarantees (whether
express, implied, statutory, or otherwise) are given to City with respect to the Easement Area, and
City has confirmed independently all information that it considers material to its use of the
Easement Area.
6. No Liens. City shall keep the Easement Area and Property free of any and all mechanics’,
material suppliers’, and other liens arising out of any work, labor done, services performed or
materials furnished or claimed to have been furnished for City.
7. Restoration of Property. City shall promptly restore damage to the Easement Area and
Property arising from City’s exercise of its rights pursuant to this Easement. City agrees to hold
University harmless and indemnify it from and against any and all loss, damage, liability, claims,
cost, and expense arising from City’s use of the Easement Area and exercise of its rights hereunder.
8. Environmental Matters. City shall not install, use, generate, store or dispose of in or about
the Easement Area any hazardous substance, toxic chemical, pollutant or other material regulated
by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, or the Minnesota Environmental Response and Liability Act or any similar law or
regulation relating to environmental protection or human health (collectively, “Environmental
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Laws”), including without limitation any material containing asbestos or PCBs (collectively,
“Hazardous Materials”) without University’s written approval of each Hazardous Material. If, in
the course of exercising its rights hereunder, City encounters any Hazardous Materials, it shall
immediately stop the work, notify University, and proceed in accordance with instructions issued
by University. In the event of any disturbance or release of Hazardous Materials resulting from
City’s use of or presence on the Easement Area, City shall comply with the requirements of
agencies responsible for enforcement of Environmental Laws and shall provide University with
copies of any submittals or notifications to local, state or federal environmental regulatory
agencies.
9. Abandonment or Termination of Use. If the Easement herein granted is no longer used for
the purpose herein described, City shall provide a suitable Quit Claim Deed or other agreement
extinguishing this Agreement. In addition, upon University’s request, City, at its sole cost and
expense, shall remove all improvements and other property placed on, in, or under the Easement
Area and remove all existing debris therefrom and restore the Easement Area to a condition
reasonably acceptable to University. The provisions of this Section shall survive the termination
of this Agreement.
10. Notice. A notice, communication, or demand by either party to the other shall be
sufficiently given or delivered upon receipt if personally delivered or sent by email (with
confirmation of receipt by recipient) or three (3) days after sent by U.S. registered mail or certified
mail, postage prepaid, return receipt requested; and
(i) in the case of University, is addressed or personally delivered to:
Regents of the University of Minnesota
c/o Real Estate Office
th
319 15 Avenue SE, Suite 451
Minneapolis MN 55455
reo@umn.edu
and
University of Minnesota
Office of the General Counsel
Attn: Transactional Law Services Group
360 McNamara Alumni Center
200 Oak Street SE
Minneapolis, MN 55455-2006
ogccontracts@umn.edu
(ii) in the case of Grantee, is addressed or personally delivered to:
City Administrator
Rosemount City Hall
th
2875 145 Street West
Rosemount, MN 55068
PWAdm@ci.rosemount.mn.us
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11. Binding Effect of Agreement. The Agreement shall commence on the Effective Date and shall
run with the land. City may not assign or otherwise transfer its rights under this Agreement without
the prior written consent of University. The Agreement shall be binding upon University and its
successors and assigns and shall be for the benefit of City and its permitted successors and assigns, in
perpetuity, subject to Section 9 above.
GRANTOR:
REGENTS OF THE UNIVERSITY OF MINNESOTA
By:
Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____day of 2022 by
_________________________, the _______________________________ of Regents of the
University of Minnesota, a Minnesota constitutional corporation, on behalf of the University.
Notary Public
NOTARY STAMP OR SEAL
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GRANTEE:
CITY OF ROSEMOUNT
By:
Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____day of 2022 by
_________________________, the _______________________________ of the City of
Rosemount, a Minnesota municipal corporation, on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Office of the General Counsel
University of Minnesota
200 Oak Street SE,
Minneapolis, MN 55455
(612) 624-4100
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EXHIBIT A
Legal Description of the Property and Easement Area
The Property
Legal Descriptions of Burdened Parcels – U to provide
The Easement Area
LEGAL DESCRIPTION:
An 80.00 foot wide strip across the Southeast Quarter of Section 28, Township 115,
Range 19, Dakota County, Minnesota. The easterly line of said 80.00 foot wide strip is
described as follows: Commencing at the Northeast corner of said Southeast Quarter;
thence South 89 degrees 48 minutes 43 seconds West, assumed bearing along the
North line of said Southeast Quarter, a distance of 1058.90 feet; thence South 18
degrees 23 minutes 48 seconds West 409.94 feet to a point hereinafter referred to as
'Point A'; thence continuing South 18 degrees 23 minutes 48 seconds West 418.52 feet
to the point of beginning of the line to be described; thence North 18 degrees 23
minutes 48 seconds East 418.52 feet to said 'Point A'; thence northerly 309.45 feet
along a tangential curve concave to the west, having a radius of 1040.00 feet and a
central angle of 17 degrees 02 minutes 53 seconds, to the south line of the north 85.00
feet of said Southeast Quarter, and said line there terminating. The westerly line of
said 80.00 foot wide strip is to be prolonged or shortened to terminate at said south
line of the north 85.00 feet.
A-1
EXHIBIT B
Depiction of the Easement Area and License Area
B-1