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HomeMy WebLinkAbout2015-033 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 15-33 RESOLUTION ACCEPTING ROADWAY, DRAINAGE AND UTILITY EASEMENT FROM COMCAST CCH SUBSIDIARY HOLDINGS, INC RELATING TO SADDLE CLUB FIRST ADDITION WHEREAS, the City Council passed Resolution No. 14-63 approving the PUD Final Plan/Final Plat for Saddle Club; and WHEREAS, a condition of Resolution No. 14-63 was the requirement to obtain a roadway easement from Comcast CCH Subsidiary Holdings, Inc. for the purpose of constructing a public street and utilities from the Saddle Club property to Old Birch Street; and WHEREAS, Comcast CCH Subsidiary Holdsing, Inc. has provided the City with such easement. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes hereby accepts the Roadway. Drainage and Utility Easement from Comcast Subsidiary Holdings, Inc. Adopted by the Council of the City of Lino Lakes this 1 3 day of Apr i 1 , 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member Rafferty and was duly seconded by Council Member Stoesz and upon vote being taken thereon, the following voted in favor thereof: Rafferty, Stoesz, Roeser, Kusterman, Reinert The following voted against same: none ATTEST: Julian e Bartell, City)Cler Jeff Reinert, Mayor • CITY COUNCIL AGENDA ITEM 6D STAFF ORIGINATOR: Katie A. Larsen, City Planner MEETING DATE: April 13, 201.5 TOPIC: Resolution No. 15-33 Accepting Roadway, Drainage and Utility Easement from Comcast CCH Subsidiary Holdings, Inc. Relating to Saddle Club First Addition VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting consideration of Resolution No. 15-33 accepting a Roadway, Drainage and Utility Easement from Comcast CCH Subsidiary Holdings, Inc. as it relates to the Saddle Club development. BACKGROUND In August 2014, the City Council passed Resolution No. 14-63 approving the PUD Final Plan/Final Plat for Saddle Club. Saddle Club is a 55 lot residential subdivision located on 40 acres south of Old Birch Street. A condition of final plat approval is the requirement to obtain a roadway and utility easement from the adjacent property owner, Comcast, in order to construct a public street and utilities from the existing Saddle Club property to Old Birch Street. Comcast CCH Subsidiary Holdings, Inc. has provided the City with such easement. RECOMMENDATION Staff recommends approval of Resolution No. 15-33. ATTACHMENTS 1. Resolution No. 15-33 2. Roadway, Drainage and Utility Easement • ROADWAY, DRAINAGE AND UTILITY EASEMENT This indenture ("Agreement") is made and entered into the day of , 2015. Recitals 1. The real property ("Parcel 1") located at 876 Old Birch Street in Lino Lakes, Minnesota, Property ID No. 28-31-22-33-0003, is owned by Comcast CCH Subsidiary Holdings, Inc., a Delaware Corporation, successor -by -merger to Comcast MO of the North Central Suburbs, Inc., f/k/a MediaOne of the North Central Suburbs, Inc., f/k/a Group W Cable of North Central Suburbs, Inc. ("Grantor"), and legally described as follows: The East 330 feet of the Southwest Quarter of the Southwest Quarter of Section 28, Township 31, Range 22 West, Anoka County, Minnesota. 2. The real property located on Old Birch Street (no street address) abutting the northeast corner of Parcel 1, Property ID No. 28-31-22-32-0010 ("Parcel 2"), is also owned by Grantor and is legally described as follows: That part of Government Lot 3, Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, lying Southeasterly of the Southeasterly right-of-way line of Old Birch Street. 3. Parcel 1 is subject to an existing roadway easement, recorded with Anoka County as Document No. 144111, in the northeast corner of the Property. Said easement benefits the Northwest Saddle Club located on the adjacent land to the east ("Saddle Club Property") and provides driveway access from that land to Old Birch Street. 4. The Saddle Club Property is, or will be, platted as part of a planned unit development known as Saddle Club First Addition. The street within Saddle Club First Addition that will connect the new development to Old Birch Street will cross a portion of the existing roadway easement, recorded as Document No. 144111. The existing easement, however, is not large enough to accommodate the new street connection so a new right-of-way easement is necessary. 5. Grantor desires to grant, and the City of Lino Lakes, Minnesota, a municipal corporation ("Grantee"), wishes to receive, a perpetual easement across the Parcel • 1 and Parcel 2 for roadway, drainage and utility purposes from Old Birch Street to the Saddle Club First Addition. Easement Grantor, in exchange for the promises set forth herein and a single payment of $5,000.00, hereby grants to Grantee an easement, as further described below, across the following portion of Parcel 1: As well as across the entirety of Parcel 2 (collectively, "the Easement Area"). The Easement Area is shown as the "Proposed Roadway Easement" on the attached Sketch and Description. 2. Grantor grants Grantee a perpetual Easement (a) over and across the Easement Area for the purpose of constructing, using and maintaining a public street and sidewalk, and (b) under the Easement Area for the purpose of constructing, using and maintaining public and municipal utilities, storm water drainage facilities, and all uses related thereto, in accordance with applicable City, State and Federal laws and regulations, all at no expense to Grantor, on the terms and conditions set forth herein. This Easement includes the right to modify the existing grading, clear trees and brush on the Easement Area and otherwise alter the Easement Area as needed to accomplish the aforementioned purposes, provided that no utility lines or conduits or other facilities or equipment shall be constructed above ground. 3. This Easement is granted subject to all matters of record. 4. Whenever pursuant to this Agreement Grantee constructs any improvements in connection with the use and enjoyment of the Easement granted herein, it is understood and agreed that such construction shall be performed in accordance with the following requirements: All such construction shall be performed in a good and workmanlike manner in accordance with sound engineering practice and in compliance with all applicable laws, ordinances, rules and regulations of all local, state and federal agencies and authorities having jurisdiction thereof; and All such improvements shall be constructed and completed free of any mechanic's or materialman's lien, and Grantee hereby agrees i) to indemnify and hold Grantor harmless from and against all loss. damage, cost, expense, action or cause of 7 • • action arising from or in connection with any such mechanic's or materialman's lien, including, without limitation, attorney's fees and expenses and court costs and ii) to obtain and maintain the insurance required pursuant to this Agreement. 5. Grantee hereby agrees that Grantee shall be responsible for all maintenance and repairs relating to the Easement granted herein and shall be directly responsible for the payment of all costs and expenses incurred in connection therewith. As used herein, the phrase "maintenance and repairs" shall mean that the easement and all improvements to be constructed therein in connection with the use and enjoyment thereof shall be kept at all times and from time to time in good order and condition and in compliance with all applicable governmental requirements, including, without limitation, i) the maintenance, repair and/or replacement of any portion or portions thereof as may from time to time be necessary, and ii) the repair and restoration of any damage caused to the property of Grantor resulting from such maintenance, repair and/or replacement. 6. To the extent allowed by law, Grantee agrees to indemnify and defend Grantor and to hold Grantor harmless from and against any loss, claim, damage, cost, expense, liability, action or cause of action, including, without limitation, attorneys' fees and expenses and court costs, arising out of or incurred in connection with Grantee's use of the Easement unless the loss, claim, damage is caused by the negligence or willful misconduct of Grantor. 7. Grantor's rights and responsibilities under this Agreement shall run with the land which is subject to the Easement. To Grantor's actual knowledge Grantor is the owner of Parcels 1 and 2 and has the right, title and capacity to convey this Easement to Grantee. 8. The Grantee's rights and responsibilities under this Easement are not assignable. STATE DEED TAX DUE: NONE. • • Comcast CCH Subsidiary Holdings, Inc. By: Its: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2015, by , the of Comcast CCH Subsidiary Holdings, Inc., a Delaware corporation, on behalf of the Grantor. Notary Public • City of Lino Lakes By: Jeff Reinert, Mayor Attest: Julie Bartell, City Clerk State of Minnesota ) ) ss. County of Anoka ) On this day of , in the year of before me, a Notary Public within and for said County, personally appeared Julianne Bartell, City Clerk of the City of Lino Lakes, who executed the foregoing instrument, attesting to the signature of Jeff Reinert, Mayor and acknowledged that it was executed on behalf of said City. This instrument drafted by: Ratwik. Roszak & Maloney, P.A. 730 2"d Avenue South, Suite 300 Minneapolis, MN 55402 (612)339-0060 (JJLI 5 Notary Public • SKETCH AND DESCRIPTION —for— DUPONT HOLDINGS, LLC NORTH (Owner: Sara & Sean Mooney) PIN: 28-31-22-32-0016 TRAVELED O ar OLDBIRCH STREET- ---- TREET- (Owne/r: Grou PIN: 28-31 OLD BIRCH STREET NORTH UNE OF SYR 4-lJ TWP. 31, ROE 22 - e) NE CORNER OF SWI/4-SWI/4 SECTION 28, PAP. 31, RGE 22 DENOTES PROPOSED ROADWAY EASEMENT (PIN#28-31-22-33-0003) (AREA = 4,279 S.F.) (AREA LYING SOUTHERLY OF A CURRENT 33' R/W FOR OLD BIRCH STREET = 1,364 S.F.) DENOTES PROPOSED ROADWAY EASEMENT (PIN#28-31-22-32-0010) (AREA = 265± S.F.) PROPOSED ROADWAY EASEMENT DESCRIPTION (PIN#28-31-22-32-0010) A perpetual easement for roadway, drainage and utility purposes over, under and across that port of Government Lot 3, Section 28, Township 31 North, Range 22 West, Anoka County, Minnesota, lying Southeasterly of the Southeasterly right-of-way line of Old Birch Street. 892 -I 0. • ____Ar 894 0 K .N H ROADWAY EASEMENT PER DOC. N0.144111 N 0. • L rs' 330.00 ` -SOUTH LINE OF SWI /4-SWI/4 / SECTION 28, TOUR. 31. ROE 22 PROPOSED ROADWAY EASEMENT DESCRIPTION L.LJ r'0 v I I—N /5 (PIN#28-31-22-33-0003) A perpetual easement for roadway, drainage and utility purposes over, under and across that part of the East 330.00 feet of the Southwest Quarter of the Southwest Quarter of Section 28, Township 31 North, Range 22 West, Anoko County, Minnesota, described as follows: Beginning at the northeast corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of South 00 degrees 21 minutes 12 seconds East, along the east line of said Southwest Quarter of the Southwest Quarter, a distance of 72.22 feet; thence northeasterly a distance of 98.04 feet along a non-tangential curve concave to the southwest having a radius of 225.00 feet, a central angle of 24 degrees 57 minutes 53 seconds and a chord that bears North 65 degrees 47 minutes 53 seconds West; thence North 00 degrees 02 minutes 49 seconds East, not tangent to last described curve, a distance of 32.42 feet to the north line of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 57 minutes 11 seconds East, along said north line a distance of 88.24 feet to the point of beginning. Scale 1"= 40 Drawn By: JEN Project Manager: DWO Job No.: 12589PP o Denotes Iron Set • Denotes Iron Found Bearings shown are on an assumed datum I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that l am o duly Registered Land Surveyor under the lows of th�State o� Minnesota. Dated this 8th day of July , 2014. License No. 25341 E. C. RDD a SONS, INC_ — Professional Land Surveyors ,.egnd.cow 6776 Lake Drive NE, Suite 110 Lino Lakes, MN 55014 Tel. (651) 361-8200 Fox (651) 361-8701 S. \rud\CAD\12pro)\12589\125B9PP-R0AD-EASEMENTS.dwg 7/0/2014 2: 25:44 PM CDT