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HomeMy WebLinkAbout6.j. Temporary Easement for Sidewalk at Shannon Park EXECUTIVE SUMMARY City Council Regular Meeting: June 7, 2022 AGENDA ITEM: Temporary Easement for Sidewalk at Shannon Park AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.j. ATTACHMENTS: Site Plan and Easement APPROVED BY: LJM RECOMMENDED ACTION: Motion to approve the easement for the sidewalk at Shannon Park Elementary BACKGROUND As part of the City’s batting cage project at Shannon Park, we plan to install a sidewalk from an existing trail to the new batting cage. The batting cage will be on City property, but the new sidewalk will be on ISD 196 property. The School District has asked the City to have a temporary easement for the construction of the new sidewalk. Staff also expects that once construction is complete, we will return to the City Council with a permanent easement for the sidewalk. Included in the packet for review is the site plan for the project and the proposed temporary easement. RECOMMENDATION Staff recommends that the City Council approve the signing of the temporary easement for a sidewalk at Shannon Park Elementary. 2 Site Plan 3 1 TEMPORARY CONSTRUCTION EASEMENT THIS INSTRUMENT is made by Independent School District No. 196, a Minnesota corporation (“Grantor”), in favor of the City of Rosemount, a Minnesota municipal corporation (the “City”). Recitals WHEREAS, Grantor is the fee owner of the following described property in Dakota County, Minnesota (the “Property”): Lot 1, Block 1, Shannon Park School Addition, as is on file and of record in the Office of the County Recorder, Dakota County, Minnesota; and WHEREAS, Grantor desires to grant to the City a temporary easement, according to the terms and conditions contained herein. Terms of Temporary Easement I. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grant grants and conveys to the City a non-exclusive temporary easement for construction purposes over, under, and across that part of Lot 1, Block 1, Shannon Park School Addition, according to the plat of record, Dakota County, Minnesota, legally described as follows (“Easement Area”). Said temporary easement lies 10.00 feet on either side of the following described centerline: Beginning at the southeast corner of said Lot 1; thence South 89 degrees 57 minutes 51 seconds West, assumed bearing along the south line thereof, a distance of 137.67 feet to the point of beginning of the centerline to be described; thence North 00 degrees 00 minutes 00 seconds East, a distance of 12.72 feet; thence northeasterly, 15.99 feet along a tangential curve concave to the southeast having a radius of 22.00 2 feet and a central angle of 41 degrees 38 minutes 58 seconds; thence North 41 degrees 38 minutes 58 seconds East, tangent to the last described curve, a distance of 8.88 feet and said centerline there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on the south line of said Lot 1. A sketch of the Easement Area is attached as Exhibit A. II. Scope of Easement. The above-described non-exclusive easement shall facilitate the installation of a public sidewalk on the Property. The easement granted herein is limited to the right of the City, its contractors, agents, employees, successors and assigns: to enter upon the described Easement Area at all reasonable times for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto; to remove trees, shrubs or other vegetation in the Easement Area; to deposit or remove grasses and earthen materials from the Easement Area and re- grade the surface of the land; to alter or remove existing improvements within the Easement Area; and to replace said grasses and earthen materials with like kind materials; and to move, store, and remove equipment and supplies within the Easement Area as necessary and incident to the safe construction of the public sidewalk. III. Warranty of Title. The Grantor warrants that it is the owner of the Property and has the right, title and capacity to convey to the City the easement herein. IV. Construction Standards. City shall construct all improvements contemplated herein in a workmanlike manner. All work, including the sidewalk, shall be constructed in conformity with industry standards for same or similar improvements. All construction shall be the responsibility of the City at City’s expense. City shall coordinate with Grantor’s facilities department on all construction work. All work will be coordinated with Grantor to the fullest extent practical to minimize disruptions to school activities. City shall give Grantor notice before its employees or agents enter upon the Property for any purpose described herein. City’s use and/or work relating to the Easement Area shall not disrupt Grantor’s present use of the Property as a school, including its parking lot and other facilities. City shall ensure that any work performed or any contractor performing hereunder shall be covered by the type and amount of insurance typically carried in the industry for same or similar work. When it would otherwise do so for same or similar work on its own property, City shall require any contractor performing work hereunder to provide performance and payment bonds guaranteeing faithful performance of the work and payment of materials and labor suppliers. City shall promptly pay all bills associated with the work and shall ensure that no payments to materials or labor suppliers will be made without the release of mechanic’s liens and payments bond rights, if applicable. 3 V. Restoration of Property. Whenever the City shall engage in construction in the Easement Area, the City shall restore the Easement Area to a condition equal to or better than the condition that existed prior to such construction. VI. Liability. City shall be solely responsible and liable for any and all claims or causes of action alleging failure to pay any contractors performing work hereunder, or that arise from its own negligence, recklessness and/or intentional misconduct or that of its contractors with respect to any work performed or improvements made hereunder. To the extent permitted by law, City shall hold harmless and reimburse Grantor for any and all costs Grantor incurs by reason of any such claims or causes of action. Nothing in this paragraph shall be deemed a waiver of the City’s immunity under Minnesota States, Chapter 466 or other authority. VII. Ownership. The sidewalk and any improvements constructed under the scope of this easement shall be the property of the Grantor upon which the improvements (or portions of the improvements) lie. VIII. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. IX. Term. The easement granted herein shall expire three (3) months after construction begins with a termination date not to exceed November 30, 2022. (The remainder of this page left blank intentionally.) 4 SIGNATURE PAGE FOR INDEPENDENT SCHOOL DISTRICT NO. 196 Dated this _____ day of ________, 2022. STATE DEED TAX DUE HEREON: NONE GRANTOR: Independent School District No. 196 By: ________________________________ Its Superintendent STATE OF MINNESOTA COUNTY OF DAKOTA } ss. The foregoing instrument was acknowledged before me this ______ day of ___________, 2022, by Mary Kreger, the Superintendent of Independent School District No. 196, a public corporation under the laws of the State of Minnesota, Grantor. __________________________________ Notary Public 5 SIGNATURE PAGE FOR CITY OF ROSEMOUNT Dated this _____ day of ______________, 2022. STATE DEED TAX DUE HEREON: NONE City of Rosemount By:_____________________________ Its _____________________________ By:_____________________________ Its:_____________________________ STATE OF MINNESOTA COUNTY OF DAKOTA } ss. The foregoing instrument was acknowledged before me this ____ day of ____________, 2022, by ________________________ and ______________________ the _______________________ and _____________________, respectively of City of Rosemount a municipal corporation under the laws of the State of Minnesota. __________________________________ 6 THIS INSTRUMENT DRAFTED BY: Independent School District No. 196 3455 153rd Street West Rosemount, Minnesota 55068-4946 (651) 423-7844 7 Exhibit A Sketch of Easement Area