HomeMy WebLinkAbout#18 - Approve Declaration of EasementSTAFF REPORT
DATE: October 16, 2018
CONSENT #18
AGENDA ITEM: Granting Utility Easement - Xcel
SUBMITTED BY: Ben Prchal, City Planner
BACKGROUND: An easement is needed so that utilities can be properly routed and maintained for the property located at 11180 50th. The service was incorrectly placed on City property. Because of this, Xcel is looking to have the proposed easement approved so appropriate access to service the lines will be available. Though this discussion and easement was brought to the attention of the City by Xcel the easement will not be exclusive to them. It will remain open to other utilities for use as they are needed.
ISSUE BEFORE COUNCIL: Does Council approve of creating the discussed easement?
PROPOSAL DETAILS/ANALYSIS: Throughout the drafting of the easement it was made very clear that Lake Elmo would not and does not
intend to be liable for costs association with the relocation of the lines if that would become required. The Easement essentially provides the right for utility services to perform maintenance work as it becomes necessary. The intended easement will be following the City’s Right-Of-Way ordinance. OPTIONS: 1) Approve creation of the utility easement. 2) Deny the creation of the utility easement. RECOMMENDATION: If removed from the Consent Agenda: Motion to Approve Declaration of Easement ATTACHMENTS:
• Declaration
1 499380v4 LA515-1
DECLARATION OF PUBLIC EASEMENT
THIS DECLARATION OF PUBLIC EASEMENT (the “Declaration”) is made this _____
day of _________________, 2018, 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
as made part of the rights-of-way pursuant to Minn. Stat. § 237.162, subd. 3, the City right-
of-way management ordinance and other applicable law, for the construction, installation, operation, and maintenance of Facilities owned or controlled by a Right-of-Way User as defined in Minnesota Rules chapter 7819, 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 utility 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, inspection, repair, replacement,
removal and maintenance of Facilities.
2. Scope of Easement Rights. The perpetual, non-exclusive utility easement granted herein is subject to the City right-of-way management ordinance and other applicable law, and includes the right of Right of Way Users with Facilities permitted therein or thereon, including the City, their
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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 Facilities in the 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.
[Signature page to follow]
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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 _________,
2018, 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 U.S. Bank Plaza 200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
A-1
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EXHIBIT A TO PUBLIC EASEMENT
Legal Description of the Property
The South 208.71 feet of the West 288.71 feet of the following described property:
The Southwest Quarter of the Southwest Quarter except the west 660 feet thereof, Section 1, Township 29, Range 21, according to the United States Government Survey thereof and situated in Washington County, Minnesota.
B-1
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EXHIBIT B TO PUBLIC EASEMENT
Permanent Easement Legal Description A 15.00 foot wide permanent easement for utility purposes over, under and across the above
defined property, which lies within 7.50 feet on each side of the following described centerline:
Commencing at the southwest corner of the Southwest Quarter of the Southwest Quarter of Section 1, Township 29 North, Range 21 West; thence North 89 degrees 03 minutes 06 seconds East 695.58 feet along the south line of said Southwest Quarter of the Southwest
Quarter to the point of beginning of the centerline to be described; thence North 01 degrees
49 minutes 44 seconds West 225.00 feet and said centerline there terminating. The side lines of said easement are intended to be prolonged or shortened to terminate on the south line of said Southwest Quarter of the Southwest Quarter.
C-1
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EXHIBIT C TO PUBLIC EASEMENT Depiction of the Easement Area