HomeMy WebLinkAbout2010-090 Council ResolutionCouncil Member GALLUP
moved its adoption:
introduced the following resolution and
CITY OF LINO LAKES
RESOLUTION NO. 10 -90
RESOLUTION ACCEPTING TEMPORARY ROAD EASEMENT FOR CSAH 14
(MAIN STREET) AND I -35E INTERCHANGE IMPROVEMENTS
WHEREAS, a temporary road easement is required for the purpose of
constructing and maintaining a temporary road that provides access from County
State Aid Highway 14 (Main Street) to Northern Lights Boulevard, and
WHEREAS, Rehbein Properties and T &G Properties, Inc, the respective
property owners, have provided the City with said easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. That such easements are hereby accepted by the City of Lino Lakes and the
City Clerk is authorized to execute the easement on behalf of the City.
Adopted by the Lino Lakes City Council this 11th day of O
ATT_. T:
Juli : nne Bartell, Carty C erk
Jeff R -'n- Mayor
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member Donnell and upon vote being taken thereon, the following
voted in favor thereof:
Gallup, O'Donnell, Rafferty, Reinert
The following voted against same:
None (absent - Roeser)
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TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement ("Agreement") entered into this day of
September, 2010, by and between Rehbein Properties, a partnership consisting of Gordon W.
Rehbein and Gerald L. Rehbein, (herein "Rehbein "), T & G Properties, Inc., a Minnesota
corporation, (herein "T & G "), and the City of Lino Lakes (herein "City ").
Recitals
1. Rehbein is the owner of an undivided one -half interest in the land described in
Exhibit A and T & G is the owner of an undivided one -half interest in the land described in
Exhibit A (herein the "Land ").
2. The Land is adjacent to the southerly right of way line of County Road 14 ( "Main
Street ").
3. Main Street and the system of ramps accessing Interstate 35E and the bridges are
currently under construction. The plans call for building a temporary public road ( "Temporary
Road ") connecting Main Street with Northern Lights Boulevard over a portion of the Land as
shown on Drawing 1 attached hereto.
4. The City desires to bring in fill material for placement on the Land for purposes
of constructing the Temporary Road thereon, from surplus natural material available from the
current construction work at Main Street and Interstate 35E or other sources. The fill material
will meet the definition of Common Embankment material as set forth in Anoka County's CSAH
14 / I -35E Interchange Project specifications, section S -64.2 (B1). The fill material also will not
contain any pollutants or hazardous materials under the Minnesota Pollution Control Agency's
and the Federal Environmental Protection Agency's regulations and the applicable
environmental state and federal law. The City agrees that it will not allow placement of any
material not meeting the above criteria on the Land. The City agrees to notify Rehbein and T &
G in writing when fill placement begins and when fill placement is ended.
5. Rehbein, T & G Properties and the City understand that lateral support for the
Temporary Road will require the placement of substantial amounts of fill material within the
boundaries of the Land on either side of the Temporary Road.
6. Rehbein and T & G are willing to grant the City an easement ( "Temporary
Easement ") for the construction of the Temporary Road shown in Drawing 1 without payment
for the acquisition of the Temporary Easement on and over the Land.
7. At the time the parties agree that the Temporary Road will be replaced by a
permanent public road (upon plans and specifications found acceptable to the parties or upon the
recording of a new plat providing publicly dedicated access between Main Street and Northern
Lights Boulevard and the construction of the permanent public road as so dedicated), then this
Temporary Easement shall terminate and be of no further force and effect.
8. Rehbein, T & G and the City agree that the Temporary Road shall remain in place
until it is replaced by a permanent public road.
Now, therefore, in consideration of One Dollar and other good and valuable
consideration, the receipt and sufficiency is hereby acknowledged, the parties agree as follows:
A. Recitals. The above Recitals constitute an integral part of the Agreement and are
fully incorporated herein.
B. Grant of Temporary Easement. Rehbein and T & G hereby grant, bargain, sell
and convey to the City and its assigns the following temporary easement:
A temporary road easement for the purpose of constructing and maintaining the
Temporary Road on the Land, including storm water utilities associated with the
Temporary Road. The City will have the right to place fill on the Land for the purpose of
providing lateral support for the Temporary Road, provided the fill meets the definition
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• G in writing when fill placement begins and when fill placement is ended.
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5. Rehbein, T & G Properties and the City understand that lateral support for the
Temporary Road will require the placement of substantial amounts of fill material within the
boundaries of the Land on either side of the Temporary Road.
6. Rehbein and T & G are willing to grant the City an easement ("Temporary
Easement ") for the construction of the Temporary Road shown in Drawing 1 without payment
for the acquisition of the Temporary Easement on and over the Land.
7. At the time the parties agree that the Temporary Road will be replaced by a
permanent public road (upon plans and specifications found acceptable to the parties or upon the
recording of a new plat providing publicly dedicated access between Main Street and Northern
Lights Boulevard and the construction of the permanent public road as so dedicated), then this
Temporary Easement shall terminate and be of no further force and effect.
8. Rehbein, T & G and the City agree that the Temporary Road shall remain in place
until it is replaced by a permanent public road.
Now, therefore, in consideration of One Dollar and other good and valuable
consideration, the receipt and sufficiency is hereby acknowledged, the parties agree as follows:
A. Recitals. The above Recitals constitute an integral part of the Agreement and are
fully incorporated herein.
B. Grant of Temporary Easement. Rehbein and T & G hereby grant, bargain, sell
and convey to the City and its assigns the following temporary easement:
A temporary road easement for the purpose of constructing and maintaining the
Temporary Road on the Land, including storm water utilities associated with the
Temporary Road. The City will have the right to place fill on the Land for the purpose of
providing lateral support for the Temporary Road, provided the fill meets the definition
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of Common Embankment material as set forth in Anoka County's CSAH 14 / I -35E
Interchange Project specifications, section S -64.2 (B1). The City will not have the right
under this Temporary Easement to remove material from the Land nor will the City have
the right to remove placed fill material from the Land.
C. Integration Clause. This writing contains the entire agreement of the parties.
Each party agrees that there are no oral agreements or understandings between them that are not
expressed herein.
REHBEIN PROPERTIES, a Partnership
Dated: September , 2010 By:
Gerald L. Rehbein, Partner
T & G PROPERTIES, INC., a Minnesota
corporation
Dated: September , 2010 By:
Its:
CITY OF LINO LAKES
Dated: September , 2010 By:
Its:
EXHIBIT A
September 1, 2010
PROPOSED RIGHT OF WAY
OWNER: REHBEIN PROPERTIES
Lot 2, Block 1, CLEARWATER CREEK BUSINESS CENTER, Anoka County,
Minnesota,
AND
That part of Outlot A, CLEARWATER CREEK BUSINESS CENTER, Anoka County,
Minnesota, described as follows:
Beginning at the most northerly corner of said Outlot A; thence South 35 degrees
13 minutes 34.6 seconds West, bearing assumed, along a northwesterly line of
said Outlot A, 384.72 feet to the southeast corner of Lot 2, Block 1, said
CLEARWATER CREEK BUSINESS CENTER; thence North 80 degrees 13
minutes 35 seconds East 84.85 feet; thence North 35 degrees 13 minutes 34.6
seconds East 280.73 feet to a northeasterly line of said Outlot A; thence North 18
degrees 31 minutes 25 seconds West, along said northeasterly line of Outlot A,
74.40 feet to the point of beginning.
Containing 79,396 square feet, more or less.
S: \Community Development \Projects \35E- CSAH14 Interchange \21st Avenue \Right -of-
Way \Proposed RW.doc
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EXHIBIT A
September 1, 2010
PROPOSED RIGHT OF WAY
OWNER: REHBEIN PROPERTIES
Lot 2, Block 1, CLEARWATER CREEK BUSINESS CENTER, Anoka County,
Minnesota,
AND
That part of Outlot A, CLEARWATER CREEK BUSINESS CENTER, Anoka County,
Minnesota, described as follows:
Beginning at the most northerly corner of said Outlot A; thence South 35 degrees
13 minutes 34.6 seconds West, bearing assumed, along a northwesterly line of
said Outlot A, 384.72 feet to the southeast corner of Lot 2, Block 1, said
CLEARWATER CREEK BUSINESS CENTER; thence North 80 degrees 13
minutes 35 seconds East 84.85 feet; thence North 35 degrees 13 minutes 34.6
seconds East 280.73 feet to a northeasterly line of said Outlot A; thence North 18
degrees 31 minutes 25 seconds West, along said northeasterly line of Outlot A,
74.40 feet to the point of beginning.
Containing 79,396 square feet, more or less.
S: \Community Development \Projects \35E- CSAH14 Interchange \21st Avenue\Right-of -
Way \Proposed RW.doc
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AGENDA ITEM 6B
STAFF ORIGINATOR: Michael Grochala
MEETING DATE: October 11, 2010
TOPIC:
Consideration of Resolution 10 -90 Accepting
Temporary Road Easement (22nd Avenue) for
the CSAH 14 -35E Interchange Improvement
Project.
ACTION REQUIRED: 3/5 Vote
BACKGROUND:
As part of the CSAH 14/35E Interchange Improvement project, an easement for
street purposes was needed at the southwest quadrant of the interchange. The
purpose of the easement is to provide temporary access to existing businesses,
south of main, from the new intersection constructed on Main Street to Northern
Lights Boulevard.
The easement is being provided to the city at no cost. Under the terms of the
agreement the temporary easement will terminate upon completion of a
permanent public road and corresponding right -of -way dedication.
The temporary nature of the easement and improvements is intended to provide
flexibility for future development south of Main Street.
RECOMMENDATION
Staff is recommending acceptance of the Temporary Road easement subject to
final review by the City Attorney.
ATTACHMENTS
1. Resolution No. 10 -90
2. Easement Grant
3. Easement Map
Council Member introduced the following resolution and
moved its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 10 -90
RESOLUTION ACCEPTING TEMPORARY ROAD EASEMENT FOR CSAH 14
(MAIN STREET) AND I -35E INTERCHANGE IMPROVEMENTS
WHEREAS, a temporary road easement is required for the purpose of
constructing and maintaining a temporary road that provides access from County
State Aid Highway 14 (Main Street) to Northern Lights Boulevard, and
WHEREAS, Rehbein Properties and T &G Properties, Inc, the respective
property owners, have provided the City with said easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LINO LAKES, MINNESOTA:
1. That such easements are hereby accepted by the City of Lino Lakes and the
City Clerk is authorized to execute the easement on behalf of the City.
Adopted by the Lino Lakes City Council this 11th day of October, 2010.
Jeff Reinert, Mayor
ATTEST:
Julianne Bartell, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
Council Member and upon vote being taken thereon, the following
voted in favor thereof:
The following voted against same:
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