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Home My WebLink About# 07 Old Village Phase 3-Easement Declaration STAFF REPORT DATE: June 6, 2017 CONSENT ITEM #: 7 AGENDA ITEM: Old Village Phase 3 Street, Drainage, and Utility Improvements – Approve Declaration of Easement on City Hall Property SUBMITTED BY: Jack Griffin, City Engineer REVIEWED BY: Kristina Handt, City Administrator Sarah Sonsalla, City Attorney Rob Weldon, Public Works Director Chad Isakson, Project Engineer ISSUE BEFORE COUNCIL: Should the City Council approve the declaration of easement on City Hall property for the Old Village Phase 3 Street, Drainage, and Utility Improvements? BACKGROUND: On May 16, 2017 the City council awarded a contract to complete improvements for the Old Village Phase 3 Street, Drainage, and Utility Improvements. The improvements include the extension of sanitary sewer to the Lake Elmo Elementary School, City Hall and the Brookman II Building (3825 Lake Elmo Avenue) as well as extending sanitary sewer along Laverne Avenue, from 39th Street North to CSAH 14; 31st Street North, from CSAH 17 to the east end; Laverne Court North, from 31st Street North to south cul-de-sac; and Layton Court North, from 31st Street North to south cul-de-sac. PROPOSAL DETAILS/ANALYSIS: As a means to extend sanitary sewer to the Lake Elmo Elementary School, City Hall, and Brookman II Building (3825 Lake Elmo Avenue), public utilities will be routed on City Hall property (3800 Laverne Avenue North). The attached declaration of easement agreement defines the easement area and terms of the declaration. The City Attorney recommends Council approve this agreement and record it with Washington County. FISCAL IMPACT: None. RECOMMENDATION: Staff is recommending that the City Council approve, as part of the Consent Agenda, the declaration of easement on City Hall property for the Old Village Phase 3 Street, Drainage, and Utility Improvements. If removed from the consent agenda, the recommended motion is as follows: “Move to approve the declaration of easement on City Hall property for the Old Village Phase 3 Street, Drainage, and Utility Improvements.” ATTACHMENTS: 1. Declaration of Easement. 2. Easement Exhibit. 1 499380v1 LA515-1 DECLARATION OF PUBLIC EASEMENT THIS DECLARATION OF PUBLIC EASEMENT (the “Declaration”) is made this _____ day of _________________, 2017, by the City of Lake Elmo, a municipal corporation under the laws of the State of Minnesota (the “Declarant”). Recitals A. Declarant is the fee owner of the property located in Washington County Minnesota (the “Property”) and legally described on Exhibit A attached hereto. B. Declarant wishes to establish a perpetual, non-exclusive public easement for utility purposes, including the construction, installation, operation, and maintenance of sanitary sewer and water facilities, across, over, and under the portions of the Property legally described on the attached Exhibit B and depicted on the attached Exhibit C (the “Easement Area”). Declaration Now, therefore, the Declarant hereby declares that the Property shall be held, sold, and conveyed subject to the following easement, which shall inure to the benefit of the City of Lake Elmo (the “City”): 1. Public Easement. The Property shall be subject to a perpetual, non-exclusive public easement for utility purposes, including the construction, installation, operation, and maintenance of sanitary sewer and water facilities. 2. Scope of Easement Rights. The perpetual, non-exclusive utility easement granted herein includes the right of the City, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing the sanitary sewer and water facilities in the 499380v1 LA515-1 2 Easement Area. The easement granted herein also includes the right to cut, trim, or remove from the Easement Area such improvements, trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations as in the City’s judgment unreasonably interfere with the easements or the function of the facilities located therein. 3. Easement to Run with Land; No Merger. The easement created herein shall run with the land and be binding on all parties having any right, title, or interest in the Property, their heirs, successors, and assigns. The Declarant intends that the easement created herein shall not merge into Declarant’s title to the Property and that any future conveyance of the Property by the Declarant shall be subject to this Declaration of Easement unless the instrument of conveyance expressly states an intention to terminate this Declaration of Easement. 4. Amendment; Modification; Termination. This Declaration may not be amended, modified, or terminated without the consent of the City. 499380v1 LA515-1 3 CITY OF LAKE ELMO By: Mike Pearson Its: Mayor By: __________________________________ Julie Johnson Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _________, 2017, by Mike Pearson and Julie Johnson, the Mayor and the City Clerk of the City of Lake Elmo, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation, Declarant. ______________________________ Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS) 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 A-1 499380v1 LA515-1 EXHIBIT A TO UTILITY EASEMENT Legal Description of the Property That part of Lot One (1), Block Two (2), BROOKMAN ADDITION, according to the plat of record in the Office of the County Recorder, Washington County, Minnesota, lying South of the North 350.18 feet thereof, subject to a road easement on the North 16 feet thereof, containing 65,340 square feet, more or less. B-1 499380v1 LA515-1 EXHIBIT B TO UTILITY EASEMENT Permanent Utility Easement Legal Description A permanent easement for utility purposes over, under and across the above defined property, said easement is described as follows: Beginning at the southeast corner of said Lot 1, Block 2, BROOKMAN ADDITION; thence South 89 degrees 01 minute 39 seconds West (assumed bearing) along the south line of said Lot 1 a distance of 204.52 feet; thence North 44 degrees 01 minute 39 seconds East a distance of 56.57 feet; thence North 89 degrees 01 minute 39 seconds East along a line parallel with and 40.00 feet northerly of the south line of said Lot 1 a distance of 154.0 feet, more or less, to a point on the easterly line of said Lot 1; thence southerly along the easterly line of said Lot 1 to the point of beginning. C-1 499380v1 LA515-1 EXHIBIT C TO UTILITY EASEMENT Depiction of the Easement Area N 89°01'39" E 154.04N 44°01'39" E 56.57 N 89°01'39" E 204.52 40 . 0 0 LOT 1 BLOCK 2 10' D & U EASEMENT LINE LA V E R N E A V E . 10 . 0 0 REVISIONSDATEBYNO. DRAWN BY: CHECKED BY: PHONE: 651 491 2000 3535 VADNAIS CENTER DRIVE VADNAIS HEIGHTS, MN 55110-5196 www.sehinc.com SURVEYED BY: 3800 Laverne Ave. N. Lake Elmo, MN 55042 Utility Easement Acquisition Exhibit 0 feetscale 50 100 GL GL GL FILE NO. 140215 DATE 04/18/16 REV. NO. 1 SURVEY NOTES: -PROPOSED EASEMENT EQUALS 7148 SQUARE FEET -NO BOUNDARY SURVEY WAS PERFORMED FOR BENEFIT OF EXHIBIT. PROPERTY LINES ARE SHOWN IN AN APPROXIMATE WAY ONLY LOT 1, BLOCK 2, BROOKMAN ADDITION SECTION 13, TOWNSHIP 29 N, RANGE 21 W WASHINGTON COUNTY, MN Lake Elmo Easement Acquisition P.I.D. # 13.029.21.22.0009 PROPOSED PERMANENT UTILITY EASE. LINE PROPOSED TEMPORARY EASEMENT LINE PROPERTY LINE RIGHT-OF-WAY LINE ADJACENT PROPERTY LINE EXISTING DRAINAGE & UTILITY EASEMENT PERMANENT UTILITY EASEMENT TEMPORARY EASEMENT