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HomeMy WebLinkAbout26-171 - Resolution - I-35E Watermain Crossing Project - EasementCITY OF LINO LAKES RESOLUTION NO. 26-171 APPROVING ACQUISITION OF PERMANENT EASEMENT, 7473 24T" AVENUE (PID 13-31-22-13-0002) 1-35E WATERMAIN CROSSING PROJECT WHEREAS, the City Council authorized preparation of plans and specifications for the construction of the 1-35E Watermain Crossing Improvements on May 27, 2025, and WHEREAS, the construction of the Project requires the acquisition of certain permanent easements on land within the City; and WHEREAS, it is necessary that the City have title and possession of land interests for the Project before the start of construction, which is planned to occur in the summer of 2026; and WHEREAS, WSB, LLC, the City's Engineer prepared a Minimum Damage Acquisition report for acquisition of the easement on property located at 7473 24th Avenue (Anoka County Tax Identification No. 13-31-22-13-0002); and WHEREAS, the City and Owner of the Property have reached agreement on just compensation due for the acquisition of the permanent easements shown as legally described on Exhibit A and depicted on Exhibit B, attached hereto; and as documented in a Memorandum of Agreement (the "MOA") negotiated between the City and Owner; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes: That pursuant to the MOA between the City and Owner, purchase of the permanent easement, in the amount of $500.00 and other consideration as agreed to by the parties pursuant to the MOA is hereby approved. BE IT FURTHER RESOLVED, that the City staff are authorized to complete all steps necessary to record the conveyance documents. Adopted by the Council of the City of Lino Lakes this 14th day of September, 2026. \r Rl6p,afferty, Mayor ATTEST: Roberta Colotti, CIVIC, City Clerk Exhibit A PERMANENT DRAINAGE & UTILITY EASEMENT THIS INSTRUMENT is made this day of , 2026, by L. & D. Winter 2023 Charitable Remainder Unitrust dated November 29, 2023, the Property Owner (Grantor), in favor of the City of Lino Lakes, a municipal corporation under the laws of Minnesota, (Grantee). Recitals A. Grantor is the fee owner of the following described property in Anoka County, Minnesota (the "Property"): That part of the Southwest Quarter of the Northeast Quarter of Section 13, Township 31, Range 22, Anoka County, Minnesota, lying East of the Easterly Right -of -Way Line of Interstate Highway No. 35E. B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions contained herein. Terms of Drainage & Utility Easement 1. Grant of Easements. For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee a drainage and utility easement legally described as follows (`Basement Area") and depicted in Exhibit A: A permanent easement for drainage and utility purposes, together with the unrestricted right to improve the same for drainage and utility maintenance or improvements, within, over, under and across the following described easement area in the County of Anoka, State of Minnesota: Commencing at the southeast corner of said Southwest Quarter of the Northeast Quarter of Section 13; thence South 89 degrees 15 minutes 11 seconds West, assumed bearing along the south line of said Southwest Quarter of the Northeast Quarter of Section 13, a distance of 969.33 feet; thence North 00 degrees 02 minutes 29 seconds East, a distance of 882.47 feet to the point of beginning of the centerline to be described; thence North 89 degrees 57 minutes 31 seconds West, a distance of 33.64 feet to said Easterly Right -of -Way Line of Interstate Highway No. 35E, and said centerline there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on said Easterly Right -of -Way Line of Interstate Highway No. 35E. 2. Scope of Easement The easement includes the right of the Grantee, its contractors, agents, and employees to enter upon said easement premises at all reasonable times for the purposes of construction, reconstruction, inspection, repair, maintaining, grading, sloping, and restoration purposes, and all purposes ancillary thereto, as well as the right to deposit earthen materials within the easement area and to remove other obstructions interfering with the location, construction, and maintenance of any public improvements. The easement granted herein also includes the right to cut, trim, or remove from the easement areas trees, shrubs, or other vegetation that, in the Grantee's judgment, unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. 3. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easement herein. 4. Environmental Matters. The 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 that may have existed on, or that relate to, the easement area or Property prior to the date of this instrument. 5. BindingEffect. ffect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. 6. Crop Damage. The City shall be responsible for compensating the tenant farmer for crop damage, if any, directly resulting from the City's entry upon and use of the Easement Area and any authorized access route in connection with the Project. Any such compensation shall be negotiated separately and paid directly by the City to the tenant farmer. Grantor acknowledges and agrees that the consideration provided to Grantor under this Agreement, together with the City's agreement to compensate the tenant farmer as provided herein, constitutes full and complete compensation for the rights granted herein. Grantor releases and waives any claim against the City for additional compensation, damages, or any other payments arising out of or relating to crop loss, crop damage, construction activities, or the City's use of the Easement Area or authorized access route. (The remainder of this page left blank intentionally.) 2 STATE DEED TAX DUE HEREON: NONE Dated this day of 52026. GRANTOR L. & D. Winter 2023 Charitable Remainder Unitrust dated November 29, 2023 C Signature By: Lester J. Winter Its: Trustee Title STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) IN Signature By: Deidra A. Winter Its: Trustee Title The foregoing instrument was acknowledged before me this day of _, 2026 by Lester J. Winter and Deidra A. Winter as Trustee(s) of the L. & D. Winter 2023 Charitable Remainder Unitrust dated November 29, 2023, on behalf of the L.&D. Winter 2023 Charitable Remainder Unitrust dated November 29, 2023. NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 3 Notary Public Exhibit A Drainage & Utility Easement Description and Sketch A permanent easement for utility purposes over, under, and across part of the following described tract: That part of the Southwest Quarter of the Northeast Quarter of Section 13, Township 31, Range 22, Anoka County, Minnesota, lying East of the Easterly Right -of -Way Line of Interstate Highway No. 35E. Said permanent easement lies 10.00 feet on either side of the following described centerline: Commencing at the southeast corner of said Southwest Quarter of the Northeast Quarter of Section 13; thence South 89 degrees 15 minutes 11 seconds West, assumed bearing along the south line of said Southwest Quarter of the Northeast Quarter of Section 13, a distance of 969.33 feet; thence North 00 degrees 02 minutes 29 seconds East, a distance of 882.47 feet to the point of beginning of the centerline to be described; thence North 89 degrees 57 minutes 31 seconds West, a distance of 33.64 feet to said Easterly Right -of -Way Line of Interstate Highway No. 35E, and said centerline there terminating. The sidelines of said easement shall be prolonged or shortened to terminate on said Easterly Right -of -Way Line of Interstate Highway No. 35E.