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HomeMy WebLinkAbout2015-037 Council ResolutionCITY OF LINO LAKES, MINNESOTA RESOLUTION NO. 15-37 APPROVING THE EXCHANGE OF AN EASEMENT FOR FEE TITLE TO NSP RIGHT-OF-WAY WHEREAS, the City owns three parcels of land in the southeast quadrant of the Birch Street / Centerville Road intersection; and WHERAS, the City is constructing a fire hall on the northerly parcel and intends to use the southerly parcels for recreational purposes; and WHEREAS, Northern States Power Company (d/b/a Xcel Energy) owns fee title to a strip of land 50 feet wide that runs southwest/northeast along the southern edge of the northerly parcel, which it uses for the conveyance of utility lines; and WHEREAS, the City wishes to utilize NSP's strip when developing the new recreational facilities; and WHEREAS, NSP is willing exchange its fee title to the strip for a utility easement • 66 feet in width, as reflected in the attached Quit Claim Deed and Easement; and • WHEREAS, such an exchange is in the best interest of the City in light of its plans for utilizing its property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES AS FOLLOWS: 1. The exchange of an easement for fee title in NSP's strip of land, as provided in the attached Quit Claim Deed and Easement, is approved. 2. The Mayor and staff are authorized to execute the Easement and any other documents necessary to effectuate this transaction. Adopted by the Council of the City of Lino Lakes this 13th day of April, 2015. The motion for the adoption of the foregoing resolution was introduced by Council Member Kusterman and was duly seconded by Council Member Roeser and upon vote being taken thereon, the following voted in favor: Kusterman, Roeser, Rafferty, Stoesz, Reinert and the following voted against same: none • ATTEST: u is e Bartell, Cit Cler • • Date: 4/2/2015 z NSP QCD & Easement • • • CITY COUNCIL AGENDA ITEM 6G STAFF ORIGINATOR: Katie Larsen, City Planner MEETING DATE: April 13, 2015 TOPIC: Consider Resolution No. 15-37, Approving the Exchange of an Easement for Fee Title to NSP Right -of -Way VOTE REQUIRED: 3/5 INTRODUCTION Staff is requesting Council consideration of Resolution No. 15-37, Approving the Exchange of an Easement for Fee Title to NSP Right -of -Way. BACKGROUND The City owns 3 parcels of property at the southeast quadrant of CSAH 34 (Birch Street) and CSAH 21 (Centerville Road). This property is the site of the City's future fire station and recreational complex. NSP dba Xcel Energy owns a 50 foot wide strip of land that diagonally bisects the City property. Future development of the recreational complex will require driveway access across the NSP property. NSP is willing to exchange its fee title to the 50 foot wide strip for a 66 foot wide utility easement. This will result in the 3 contiguous City parcels ready for development. RECOMMENDATION Staff recommends approval of Resolution No. 15-37. ATTACHMENTS 1. Site Location Map 2. Resolution No. 15-37 3. Quit Claim Deed 4. Easement 5, Exhibit A • • • No delinquent taxes and transfer entered: Certificate Of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. By County Auditor Deputy Date: Deed Tax due hereon: $ QUITCLAIM DEED CORPORATION TO CORPORATION FOR VALUABLE CONSIDERATION, Northern States Power Company, a Minnesota corporation under the laws of the State of Minnesota, d/b/a Xcel Energy, Grantor(s), hereby conveys and quitclaims to the City of Lino Lakes, a Minnesota Municipal corporation, Grantee, real property in Anoka County, Minnesota, described as follows: A strip of land Fifty (50) feet in width running over and across the East Half of the Southwest Quarter (E1/2 of SW 1/4) Section Twenty-six (26), Township Thirty-one (31) North, Range Twenty-two (22) West; said strip of land being Twenty-five feet in width on each side of a center line which crosses above described tract and is described as follows, to -wit: Commencing at a stake on the East line of said Section, One Thousand Two Hundred and Six (1206) feet South of the Northeast corner thereof; running thence South Fifty-two degrees and Twenty-seven minutes West (S52 degrees 27 minutes W) Six Thousand Five Hundred Thirty and Seven -tenths (6530.7) feet to a stake on the West line of said Section, Eighty-four (84) feet North of the Southwest corner thereof; said Fifty (50) foot strip of land containing 1.85 acres, more or less. EXCEPTING AND RESERVING unto Northern States Power Company, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild or remove electric and gas lines for the transmission and distribution of electric and natural gas energy with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures, valves and devices used or useful in the operation, maintenance and use of said lines and facilities related and appurtenant thereto for transmission and distribution of electric and natural gas energy over, under, across, all that part of the above described 50 -foot strip of land which lies within a 66.00 foot strip lying over, under and across that part of the East -half of the Southwest Quarter of Section Twenty Six, Township 31, Range 22, Anoka County, Minnesota, which lies within 41.00 feet to the northwest and 25.00 feet to the southeast of the following described line: Commencing at the southeast corner of said East -half of the Southwest Quarter of Section 26, Township 31, Range 22; thence North 00 degrees 45 minutes 55 seconds West, along the east line of said East -half of the Southwest Quarter 2066.43 feet to the point of beginning of the line to be described; thence South 52 degrees 57 minutes 29 seconds West 1635.01 feet to the west line of said East -half of the Southwest Quarter and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on the east and west lines of said East -half of Southwest Quarter. 429294v3 LMW PE140-153 Page 1 of 3 • The easement reservations contained herein shall also include the following rights to Northern States Power Company: a) The rights reserved may be exercised at any time subsequent to the conveyance of the property. b) The right to erect reasonable signs for the purpose of monumenting the boundaries of the easement area reserved herein. From time to time the electric and gas lines and supporting structures may be reconstructed or relocated on the said easement area with changed dimensions voltages and pressures. c) The right of Northern States Power Company to have reasonable access to the easement area being reserved. d) The right of Northern States Power Company to enter upon the property conveyed herein to survey for and locate said electric and gas lines and shall also include the right to remove from said easement area any structures, trees (including branches of trees overhanging said area) or objects; except fences, which in the opinion of Northern States Power Company will interfere with said electric and gas lines. e) The right of Northern States Power Company to permit the attachment of its own or wires and/or equipment of others to the structures supporting said electric lines for communication or other purposes. f) The right reserved herein shall prohibit the erection of any structures or other objects, permanent or temporary, except fences. The rights reserved further prohibit the planting of any trees within the easement area, or the performance of any act which will interfere with or endanger said electric and gas lines. together with all hereditaments and appurtenances belonging thereto, except for the lien of that certain Trust Indenture dated February 1, 1937, from Northern States Power Company to Harris Trust and Savings Bank now known as The Bank of New York Mellon Company, N.A., Trustee, and Indentures supplemental thereto, provided however, that Northern States Power Company hereby covenants to obtain and furnish to the party of the second part a release of said lien within 120 days of the date hereof. The sale price or other consideration given for this property was $500.00 or less. The Seller certifies that Seller is not aware or any existing wells on the property. SIGNATURE PAGE FOLLOWS Page 2 of 3 S:ACommunity Development\Projects\Capital Improvement Projects\Fire House No 2\NSP-Xcel Deed & Easement\20150413 CC\3 QCD NSP to City.doc • STATE OF MINNESOTA )ss COUNTY OF HENNEPIN NORTHERN STATES POWER COMPANY a Minnesota corporation By: Christopher B. Clark Its: President By: Patricia K. Drury Its: Assistant Secretary On this day of , 2015, before me, a Notary Public, within and for said County and State, personally appeared Christopher B. Clark and Patricia K. Drury, the President and Assistant Secretary, respectively, of Northern States Power Company, a Minnesota corporation, on behalf of the corporation. Notary Public This instrument drafted by: DJF Northern States Power Company 414 Nicollet Mall MP 7 Minneapolis, MN 55402 Mail real property tax statements to: City of Lino Lakes 600 Town Center Pkwy Lino Lakes, MN 55014-1182 Page 3 of 3 S:\Community Development\Projects\Capital Improvement Projects\Fire House No 2\NSP-Xcel Deed & Easement\20150413 CC\3 QCD NSP to City.doc • • • EASEMENT KNOW ALL BY THESE PRESENTS, that the undersigned, hereinafter called "Grantor", in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to Grantor in hand paid by Northern States Power Company, a Minnesota corporation, hereinafter called "NSP", does hereby grant unto NSP, its successors and assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild, or remove electric and gas lines for the transmission of electric and natural gas energy with all towers, structures, poles, crossarms, cables, wires, guys, supports, counterpoises, fixtures, valves and devices used or useful in the operation, maintenance and use of said lines and facilities related and appurtenant thereto for transmission and distribution of electric and natural gas energy through, over, under and across the following described lands situated in the County of Anoka, State of Minnesota, to -wit: The Northeast Quarter of the Southwest Quarter of Section 26, Township 31 North, Range 22 West, EXCEPT that part of the West 760 feet thereof lying south of the north 569 feet thereof and lying northwesterly of a 50 foot strip 25 feet on each side of the following described centerline: Commencing at a stake on the East line of said Section, 1206 feet South of the Northeast corner thereof; running thence South 52 degrees 27 minutes West 6,530.7 feet to a stake on the West line of said Section, 84 feet North of the Southwest corner thereof. ALSO, The Southeast Quarter of the Southwest Quarter of Section 26, Township 31 North, Range 22 West, EXCEPT the South 8 acres thereof. EXCEPT FOR THE RIGHT OF ACCESS, the rights granted herein shall be limited to a 66 -foot strip of land which lies within 41.00 feet to the northwest and 25.00 feet to the southeast of the following described line: Commencing at the southeast corner of said East -half of the Southwest Quarter of Section 26, Township 31, Range 22; thence North 00 degrees 45 minutes 55 seconds West, along the east line of said East -half of the Southwest Quarter 2066.43 feet to the point of beginning of the line to be described; thence South 52 degrees 57 minutes 29 seconds West 1635.01 feet to the west line of said East -half of the Southwest Quarter and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on the east and west lines of said East -half of Southwest Quarter. 395325v4 1MW PE140-148 Page 1 of 3 • The rights granted herein may be exercised at any time subsequent to the execution of this document. The grant herein contained shall also include the right to erect, at any time prior to the construction of the said transmission lines, reasonable signs for the purpose of monumenting the boundaries of this easement. Said transmission lines and supporting structures from time to time may be reconstructed or relocated on said strip of land with changed dimensions and to operate at different voltages. The grant of easement herein contained shall also include the right of NSP to have reasonable access to said strip of land across the property of Grantor adjacent thereto, said access to be designated by Grantor within a reasonable time upon request by NSP. The grant of easement herein contained shall include the right to enter upon the property of Grantor to survey for and locate said transmission lines and shall also include the right to remove from said strip of land any structures, trees (including branches of trees overhanging said strip of land) or objects, except fences, which in the opinion of NSP will interfere with said transmission lines. The grant herein contained shall also include the right of NSP to permit the attachment of wires of others to the structures supporting said transmission lines. Grantor reserves the right to cultivate, use and occupy said strip of land, except that, Grantor shall not erect any structures or other objects, permanent or temporary, except fences, thereon. Grantor further agrees that he will not perform any act which will interfere with or endanger said transmission lines and further, shall not plant any trees upon said strip without the prior expressed written approval from NSP. Grantor also reserves the right to dedicate and have or permit to be improved, maintained, and used for the purposes of streets, trails, parking, curbs and gutters, sewers, water and underground utilities (hereinafter called "improvements"), the portion of said right of way not occupied by the structures supporting Northern States Power Company's electric transmission system, provided that said improvements do not alter the existing ground elevations, nor do they impair the structural or electrical integrity of said transmission system; and provided further that all such improvements shall not result in a ground clearance of less than the minimum requirements specified by the National Electrical Safety Code. NSP shall pay for all damages to landscaping, roads and driveways, parking lots, fences, livestock, crops and fields caused by the construction or maintenance of said transmission lines. Claims on account of such damages may be referred to NSP's nearest office. Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. The rights herein granted are subject to existing rights of way for highways, roads, railroads, pipelines, canals, laterals, ditches or other electric transmission lines and telegraph and telephone lines heretofore granted across any part of the lands affected by this instrument. The Grantor agrees to execute and deliver to NSP, at NSP's cost, without additional compensation any additional documents needed to correct the legal description of the easement area to conform to the right of way actually occupied by the transmission lines. Page 2 of 3 S:ACommunity Development \ Projects \Capital Improvement Projects\Fire House No 2\NSP-Xce1 Deed & Easement \20150413 CC\4 Fasement.doc 395325v4 1MW PE140-148 • It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This instrument is exempt from the Minnesota Deed Tax. IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of the day of , 2015. CITY OF LINO LAKES By: Its: And by: It: STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2015, by its and by its on behalf of the City of Lino Lakes a Minnesota municipal corporation . This document drafted by: D. Fisher Northern States Power Company 414 Nicollet Mall, MP 7 Minneapolis, Minnesota 55401 Line:0736 2014,0504 NOTARY PUBLIC Page 3 of 3 S:ACommunity Development\Projects\Capital Improvement Projects\Fire House No 2\NSP-Xcel Deed & Easement\20150413 CC\4 Easement.doc 395325v4 LMW PE140-148 7'0 NORTHERN STATES POWER MINNESOTA EXHIBIT A SHEET 1 OF 3 SHEETS Certificate of Survey Location: City of Lino Lakes, Anoka County, Minnesota. Grantor: City of Lino Lakes See sheet 2 and 3 of 3 for descriptions. (9 w w J 1— W 0 z —' ww OCG SW COR z� SW1/4 au; SEC. 26 ao NORTH LINE NE1/4-SW1/4 - - -COUNTY ROAD 34 (BIRCH ST) - (1)f PARCEL A a IA NSP 50' WIDE FEE STRIP S, LN NORTH 569' W ivE /'r-'J'v v' / W 66 25 -22/� / NE. LN WEST 760' —� � T'y ',AI O I I EXCEPTION \ / 1 '' A PARCEL B 0 b oc3 <Del, r, DESCRIBED LINE EASEMENT PARCEL C 26-3.-22 N. LN S. 8 AC. —\1/4 SE1/4-SW1/4 EXCEPTION (S. 8 AC) SOUTH UNE SE1/4-SW1/4 LINE: 0736 PARCEL: CITY OF LINO LAKES SEC. 26, T.31 N., R.22W., 4TH.P.M. CO.: ANOKA Scale: 1"=500' S00°23'08"E / `+ (1206 DEED) \11 i i' NSP FEE STRIP CL POINT OF BEGINNING DESCRIBED LINE SEE DETAIL "A" C n M � N W CO W 0o Z No:5 Z Q� \t NE COR. NE1/4 SEC. 26 EAST LINE NE1/4 SEC 26 DETAIL "A" SCALE=1 "=100' // NSP FEE STRIP CL NSP / FEE STRIP SE CORNER SO/ CTIN 26 \ /1 / I / r / r EASEMENT/ - DESCRIBED LINE / I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWSF TFFIE STATE or MINN�TA. „/,`,W.4 TODD M. HENDERSHOTT LIC. NO. 43806 DATE // / /