HomeMy WebLinkAbout2015-033 Council Resolution•
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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
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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
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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
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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
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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.
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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
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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
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Notary Public
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SKETCH AND
DESCRIPTION
—for— DUPONT HOLDINGS, LLC
NORTH
(Owner: Sara & Sean Mooney)
PIN: 28-31-22-32-0016
TRAVELED O ar OLDBIRCH STREET-
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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
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____Ar
894
0 K
.N H
ROADWAY EASEMENT
PER DOC. N0.144111
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0.
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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
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(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