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Home My WebLink About20090706 - VI-10MEMO To: Honorable Mayor and City Council From: Tom Montgomery Date: June 30, 2009 Re: Approve Marketplace West/Xcel Energy Street & Utility Easement Agreement Enclosed for Council approval is a street, utility and drainage easement across the Xcel Energy Hwy 55 substation for the existing street located between the west side of the Marketplace West development and the Xcel Energy Hwy 55 substation, connecting the South Frontage Road to Hwy 55• While the street was constructed in 2002 as part of the Marketplace West development with the consent of Xcel Energy, until recently, neither Xcel Energy nor the City have actively followed through on completing the final easement agreement. Xcel has now approved and signed the easement agreement and Council is requested to approve the easement agreement and authorize the Mayor and City Clerk to sign the agreement. /~~^M1 ' y .Mr- ~ _u~w-r ~~...~ max. .,,~ ~~._ ~~ ~ ~ ~ ~ ~~ ,,. ,~~ ` ~ ~~ s ,r ~' c~`~ ~~ ~~~~~~ Dakota County, MN I?! u.. a ,~ - ~ a ~ ,r - . ~ -. - ~ ~ ~~V ~ ~5 ~ per ~ ~ ~ _ - ~ ~1= } . ,~ ~ F L i a~' ~.~ . - ~~ h.~ - ;{ 5 . a ~ ~ _ ~l `` ~ . ~ ry, Y ~ -~ ~i1~~ ~ f _ ~ ==ee .. . ..,a E~Y.....~i3 .1 ~ ..-.,. ~, t ., ~ L ~, .~ y ~ ~~ ~ . ~ . E II . IE .r 's.~ VIII 4 ~ a . -. _ ~ ~ - H ~ ~-~ ~ e ~°~ tis ~J ~ I ~ ~: •Z.--~ ~~i~ ~Skbc ~• -41~~.. [ii S~ii~Jc. n ~ { ~r~' erg .. I•~ f• ~ Disclaimer. Map and parcel data are believed to be accurate, but accuracy is not Ma Scale guaranteed. This is not a legal document and should not be substituted for a title search, 1 inch - 331 feet appraisal, survey, or for zoning verification. EASEMENT Street, Utility and Drainage Easement - Vest Hastings Substation Hastings, Minnesota THIS EASEMENT ~"Easement"} dated effective the day of , 2009 is by and between Northern States Power Company, a Minnesota corporation, dlbla Xcel Energy thereinafter referred to as "NSP"}with an address of 414 Nicollet Mall, Minneapolis, Minnesota 55401 and the City of Hastings thereinafter referred to as "Grantee"}with an address of Hastings City Ha11,101-- 4~` Street East, Hastings Minnesota 55033-1955, WITNESSETH: WHEREAS, NSP is the owner of that certain tract or parcel of land situated in the County of Dakota, State of Minnesota legally described on "Exhibit A" attached hereto and made a part hereof ~"Property"}. WHEREAS, Grantee has requested from NSP and NSP grants to Grantee the easterly 50 feet of the Property as a permanent street, utility and drainage easement extending south from Trunk Highway 55 in Dakota County, Minnesota more particularly described in "Exhibit B" attached hereto and made a part thereof thereinafter referred to as the "Easement Property"}. NSW, THEREFORE, in consideration of the sum of Gne Dollar and no1100 x$1.00} in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, NSP does hereby grant to Grantee and Grantee hereby accepts from NSP, the Easement Property for the purpose of constructing, repairing, replacing, maintaining, operating altering, reconstructing, modifying, updating, upgrading, inspecting and removing, in whole or in part, at Grantee's sole cost and expense, a fifty X50} foot public road, utility lines and drainage systems, in, over, under and across the Easement Property the "Project"). Within the Easement Property, Grantee shall have the right to acquire and remove all dirt,- vegetation, structures, trees; shrubs, grass and herbage, if any is located thereon; to slope and fill the same, to maintain the slope of same, to prevent the filling and grading of the slope; and to do all additional things incident and necessary to undertake the Project. The Easement is subject to the following terms, conditions, reservations, restrictions and agreements: Page l off? Rev~~}.1014104 1. Construction and Use Restrictions. ~a} Grantee shall make no other use of the Easement Property other than for those allowed herein and described as the Project. fib} Grantee shall conduct its operations on the Easement Property in a good and workmanlike manner, ~c} Grantee shall bear all costs and expenses for the maintenance of the Easement Property and Grantee shall be solely responsible for and shall promptly pay all costs, expenses, taxes, assessments, special assessments and fees associated with the Project and hereby agrees that NSP will not be assessed for any costs associated with or because of the Project. ~d} Grantee shall promptly repair any damage to the Easement Property andlor NSP's facilities located thereon or adjacent to caused by use thereof by Grantee, its employees, contractors or authorized agents, or resulting from Grantee's failure to comply with the terms and conditions provided herein. fie} Grantee agrees that the Easement Property may be temporarily closed upon written request of NSP for a period not to exceed 20 days in order to allow NSP to use the Easement Property for moving transformers and other equipment to and from NSP's property immediately west of the Easement Property, 2. Construction A rovaI and Notification. If NSP has constructed either natural gas or electric transmission facilities on the Easement Property, Grantee shall contact NSP's Natural Gas department at 651-229-2317 or NSP's Electric Transmission Lines department at 612-330-5890 at Least four ~4} working days prior to the commencement of construction on the Easement Property. Either department may send a representative to observe construction. The instructions of such representative relating to the safety of NSP's facilities will be followed by Grantee, its agents, and employees. Any damage to NSP's facilities on the Easement Property that is caused - - by construction of the Project shall be paid for or repaired at the expense of Grantee. 3. NSP's Reserved Ri hts. NSP reserves the right, at any time and from time to time, to make such use of the Easement Property as it may desire, at its sole discretion and for any purpose, including, but not limited to, the construction, operation or maintenance of its electric, natural gas, generation, transmission, distribution and appurtenant facilities located on or near the Easement Property, provided that in the exercise of such right, NSP shall not materially interfere with Grantee's facilities or create a hazard to the Grantee's use of the Easement Property, provided however, that NSP will restore the Easement Property to the condition prior to the exercise of this reservation. 4. Disclai~,f Property,,,~dit„ i~ Grantee has conducted its own investigation and inspection of the Easement Property and is familiar with the physical condition of the Easement Property and surrounding terrain, and is fully informed as to existing conditions and limitations. NSP makes no representation as to the Easement Property's suitability for the Project and no such representations, or any other representations, are made by NSP or shall be implied by operation of law or otherwise. Page 2 of 7 S:IGeneral-Offices-GO-021DSCIGROUPSILANDIWIP1DistributionlDAKOTA1171153011711530VVest Hastings Substation Utility Easement.docRev~l}.1014104., 5. Indemnification. (a} (i} As used in this Easement, the term "Claims" means (1 } Iosses, liabilities, and expenses of any sort, including attorneys' fees; (2}fines and penalties; (3}environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and (4} any and all other costs or expenses. (ii} As used in this Easement, the term "Injury" means (1} death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4} any consequential or other damages. (b} To the extent permitted by law, the Grantee covenants and agrees to at all times protect, indemnify, hold harmless, and defend NSP, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all claims arising from, alleged to arise from, or related to any injury allegedly or actually occurring, imposed as a result of, arising from, or related to (i} this Easement; or (ii} the Grantee's or any other person's presence at the Easement as a result of or related to this Easement. (c} The Grantee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all claims and injury, including, but not limited to: (i} Claims asserted by any person or entity, including, but not limited to, employees of the Grantee or its contractors, subcontractors, or their employees; (ii} Claims arising from, or alleged to be arising in any way from, the existence at or near the Easement of (1) electric power generation, transmission, distribution, or related facilities; (2) electricity or electromagnetic fells; (3} natural gas gathering storage, transmission, distribution, or related facilities; (4} propane storage, gathering or distribution facilities; (5) asbestos or asbestos containing materials; (6) any Hazardous Materials, regardless of origin; or (111} Claims arising from, or alleged to be arising in any way from, the acts or omissions of the Grantee, its employees, Grantees agents, contractors, invitees and other persons. 6. Liens and Encumbrances. Grantee shall keep the Easement Property free and clear of all liens, claims and encumbrances to attach to or remain upon the Easement Property as a result of the Project. All costs and expenses associated with the removal of any lien, claim or encumbrance attached to the Easement Property as a result of the Project or use of the Easement Property shall - - - be -paid by Grantee: 7. Hazardous Materials. Except with the express written permission of NSP, the Grantee shall not bring onto the Easement Property any hazardous or toxic substance or material (including petroleum} regulated by the State of Minnesota, the United States government, or any other government authority with applicable jurisdiction ("Hazardous Materials"}. In the event the Grantee brings Hazardous Materials onto the Easement Property (with or without permission of NSP}, the Grantee shall comply with all applicable laws, ordinances, and regulations of federal, Page 3 of 7 S:IGeneral-Off ces-GO-021DSCIGROUPSILANDIWIPIDistributionlDAKOTAl17115301~711530'West Hastings Substation Utility Easement.~ocRev(1).1414104 state, and local governmental agencies related to such Hazardous Materials. The Grantee shall remove from the Easement Property any such Hazardous Materials brought by Grantee onto the Easement Property upon request of NSP. The Grantee shall bear all costs related to environmental investigation, cleanup, removal, or restoration of any water, air, groundwater, natural resources, soil, or land including, but not limited to, the Easement Property, incurred as a result of any such Hazardous Materials brought by Grantee onto the Easement Property, or arising out of the acts or omissions of the Grantee, its employees, licensees, agents, contractors, invitees, suppliers and persons. Nothing herein shall create in Grantee an obligation to regulate the transportation by the public of Hazardous Materials on or over the Easement Property. 8. Gr„antee's Sale Ris_„k and Expense. Grantee agrees that use of the Easement by the Grantee hereunder, or its employees, licensees, agents, contractors, subcontractors, invitees, suppliers and other persons, shall be at the sole risk and expense of Grantee. 9. RY hts an_d~Reme_, dies,,,,,,, o_„ f N„SP. The rights and remedies of NSP under this Easement are cumulative, and the exercise of one or more thereof shall not exclude or waive the right to the exercise of any other remedy. 10. Bindin Effect. All of the terms, conditions, reservations, covenants and restrictions of this Easement shall be binding upon and inure to the benefit of the successors and assigns, respectively, of each of the parties hereto. 11. Co,,, u~rpart Agreements. This Agreement may be executed in any number of counterparts and shall be binding upon each party executing the same or a counterpart hereof. IN WITNESS WHEREUF, the parties have executed this Easement effective as of the date first above written. GRANTOR; NORTHERN STATES PGWER CUMPANY, A Minnesota corporation dba Xcel Energy ., By; Greg P. hamberlain, Director Portfolio Delivery & Integration Xcel Energy Services Inc. u or~ze gent or Northern States Power Company, A Minnesota corporation dlbla Xcel Energy GRANTEE: CITY OF HASTINGS, a Minnesota municipal corporation By:Paul J. Hicks Its: Mayor By: Melanie Mesko Lee Its: Assistant City AdministratorlCity Clerk Page 4 of 7 S:IGeneral-Offices-GO-021DSCIGROUPSILANDIV~1P1DistributionlDAKOTAl171153011711530West Hastings Substation Utility Easement.docRev(1}.1014104 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) ~-~~ The forega~ng instrument was acknowledged before me this ~ day of ~1 ~ , 2009 b Gre P. Chamberlain Director Portfolio Delive & Inte anon Y g ~ rY ~' Xcel Energy Services inc., as Authorized Agent for Northern States Power Company, a Minnesota corporation, dlbla Xcel Energy on behalf of the corporation. ~ ~" gONN1E J. ANDERSON J ~ P ~ ;, M~nne~ot~r Notary Public fly Commhdan dcptres Janwuy ~~ ~D~t~4 STATE OF 1VIINNESOTA ) )ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this of ,2x09, by Paul J. Hicks, Mayor and Melanie Mesko Lee, Assistant City AdministratorlCityGlerk, on behalf of the City of r r^ r r r r r^^ Hastings a Minnesota municipal corporation. . r . . r . . r . ~ r r^ r r^ r r r r r r r r ^ ^ • r r • ^ ^ ^ ^ ^ ^ r ~ ^ r ^ ^ ^ ^ ^ ^ • ^ r r ^ ^ ^ r r ^ . r . . ^ . r ^ . ~ . . • r ^ r r ^ ^ r ^ r ^ ^ r r ^ r Notary Public '.'.'^'.r.~.^.r.^ This instrument was drafted by: DJF Northern States Power Company -414 Nicollet Mall, Minneapolis, MN 55401 - ~ ~ ~ - ~ - West Hastings Substation Abstract 2008.262 Page 5 of ? S:IGeneral-O~f ces-GO.021DSCIGROUPSILANDIWIPIDistributionlDAKOTAl171153Q1171153dWest Hastings Substation Utility Easement.dacRev~~}. 1014104 EXHIBIT A That part of the NE 114 of the SE 114 of Section 30, Township 115 North, Range 17 West, Dakota County, Minnesota, described as follows: Commencing at the Northeast corner of said quarter-quarter; thence South along the East line thereof 153.90 feet to the South right-of way line of Trunk Highway No. 55 and the point of beginning of the land to be described; thence continuing South along said East line 603.00 feet; thence deflecting 90 degrees 00 minutes 00 seconds right 495.00 feet; thence deflecting 90 degrees 00 minutes 00 seconds right to said South highway right-of way line; thence East along said highway right-of way line to the point of beginning. Excepting and reserving unto Seller, their heirs and assigns, the perpetual right privilege and easement to construct, improve, use, maintain and dedicate to the public a roadway upon the North 125 feet and the East 40 feet of the above-described parcel of land provided that said roadways do not interfere with NSP's electrical facilities, landscaping or right of access to the land granted herein. Page 6 of 7 S;IGeneral-Offices-GO-021DSCIGR4UPSILANDIwIPIDistributionlDAKOTAl17115301171153QWest Hastings Substation Utility Easement.docRev~l}.1014104 EXHIBIT B A permanent street, utility and drainage easement over, under and across that part of the easterly 50 feet of that part of the NE 114 of the SE 114 of Section 3D, Township 115 North, Range 17 west, Dakota County, Minnesota, described as follows; Commencing at the Northeast corner of said quarter-quarter; thence South along the East line thereof 153.9D feet to the South right-of way Iine of Trunk Highway No. 55 and the point of beginning of the land to be described; thence continuing South along said East line 603.00 feet; thence deflecting 90 degrees 00 minutes 00 seconds right 495.00 feet; thence deflecting 90 degrees 0D minutes 00 seconds right to said South highway right-of-way line; thence East along said highway right-of-way line to the point of beginning. Page 7 of 7 S:IGenerai-Offices-GO-021DSC1GRQUPSILANDIWIPIDistributianlDAKCTAl171153011711530west Hastings Substation Utility Easement.dacRev(1}.101414