Loading...
HomeMy WebLinkAbout20090817 - VI-04MEMO To: Honorable Mayor and City Council From: Nick Egger -City Engineer Date: August 10, 2009 Re: Approve New Drainage & Utility Easement over Otto Excavating Property Council is requested. to approve the enclosed. drainage and. utility easement for a new storm sewer pipe installation at the north end. of Industrial Court through a portion of the property owned. by Otto Excavating. This area currently conveys stormwater runoff from Industrial Court to the large ravine channel and it has experienced significant erosion over the years. The City has regularly had. to replace soils in the eroded. area to prevent further damage. The construction plans for the Industrial Park project call for the replacement of the existing overland flow configuration with a piped flow. This will both provide a better conveyance for stormwater from Industrial Court as well as reduce the maintenance demand. As there are no current easement rights that the City has to allow this discharge, this is the appropriate time at which the City should obtain that right. This easement is being provided. to the City by Otto Excavating in exchange for the repair and. improvement of the eroded area within the new easement space. ~ : ~.~!~ ~~5. 'i,:~ri,~'t4 nry~l. X15 4:5 I: I. u ~ ~ ~ 4 ~v~4:4a tl.. I~ -l !y~~~~~ w ~ ~''prF ~~4~0 ti,''V. -~. '1..4'x,} ,.;,., EASEMENT AGREEMENT TINS EASEMENTAGREEMENT, is made and entered into this da of y July, Z~9, by and between Thomas L, Quo and Mary S. Quo, husband and wife hereafter cola ' ~ ectively referred to as "Grantor" or "Qtto'~} and the City of Hastings, a Minnesota Munici al Co orat' her ;~ ~~ ~~ ~7 P rP ion preferred to eafter as Grantee or City }. RECITALS A. The City desires to obtain from Quo a permanent drama e and unlit g y easement on certain real property owned by Quo located in the City of Hastin s, Dakota Count Mi 1 g y, nnesata, and egally described as: Tract A, Registered Land Surtirey No. 5S, on file and of record in the office of the Registrar of Titles, Dakota Count , Minnesota, y Referred to hereafter as the "Quo Property"~ B. Qua is willing to convey a drainage and unlit easement to Cit with th . . ~' y e cond~t~ons that the City agrees to install a storm water pipe, repair existin erosion caused b run ' g y off ~n the area, and maintain the areas of the Qua Property encumbered b the drama e and utili y g tyeasement. C. Qua and the City wish to mem:oriali~e their a regiment and the rant g g of easement. AGREEMENT N[~W, T~IEREFaRE} in consideration of the mutual covenants and ra ' p muses set forth herein and for other good and valuable consideration, the recei t and sufficie ' p ncy of which are hereby acknowledged by the parties, Grantor and Grantee a ree as follows: g 1. GRA11 jT GF DRAINAGE AND ~ITILI T ~' EASE~1'ENT. Granto r hereby grants unto Grantee and its successors and assigns an easement over, under u on and p across property legally described an Exhibit A attached hereto preferred to hereafter as the " " Easement Area ~ for purposes of installing, constructing, and maintainin a ublic drama e . g p g and ut~litysystem ~nclud~ng but not limited to installation of a storm water i e connectin . drai P P g to an existing page ravine. The easement rights granted herein shall include the ri ht of Grante remove all stru g eta ctures, trees, shrubs, grass, foliage, and other obstructions within the Easement Area, Grantee also shall have the ri ht to rode IeveI fill an g g d excavate the Easement Area as may be necessary in connection with the installation co ' nstruct~on and maintenance of the drainage and utility systems. Grantor acknowled es Cit m g y ay modify the surface elevations within the Easement Area. Grantor shall not constructor ' otherwise locate or permit any buildings, trees, fences or other structures within the Easement Are ' a. City s construction, maintenance and operation of the drama e and unlit easement structur g y gis shall not negatively interfere with the drainage of the Quo Pra girt and its existin storm s P y g ewers, if any. ~. GRANTEE'S 4BLIGATI4NS. Grantee acknowled es g and agrees that it shall have the obligation to construct, install, maintain, re air and otherwise c P ontrol and operate the drainage and utility systems within the Easement Area, and to kee t ' p he same In a safe, clean and orderly condition, all at Grantee's sole risk and ex ense. Grantor . , . P shall have no liability or obligation of any kind to Grantee or to any art claimin b throw P y g y, gh or under Grantee, or to any third party, with respect to the installation,construction maintenan ' ce and repair of the drainage and utll~ty systems within the Easement Area. 3. LIABILITY, By acceptance of this ant of easement the i ' 1~' C ty agrees that ~t shall be solely liable far and shall defend and hold the Grantor and its successors an ' d assigns harmless from and against, any and all loss, claims, damage or in'u of an kind w ~ rY y hatsoever, including reasonable attorney's fees, arising out of or related to the acts or omissions ' of the City ar any other party in the construction, installation, maintenance re air p or recanstr~~ct~an of the drainage and utility systems within the Easement Area. 4. MAINTENANCE. City will maintain the Easement Are a to the same standards as it maintains all other drainage and utility easements in the Cit of Hastin . ~ y gs, unless or until such time as the Clty may, in its discretion, elect to discontinue the drama e ' ' g and ut~l~tyeasement, as provided hereinafter in this Easement Agreement. Maintenance will i nclude mowing on schedules established by City similar to that of other drama e an ' ' g d ut~l~ty easements, and sediment removal and rip rap repair as needed. No onion of an co P y sts or expenses related to the construction, maintenance, repair or re lacement of the drama ' ' P ge and utility systems within the Easement Area will be charged to ar assessed a ainst Ott g o or the Otto Property. If at any time the City elects to terminate and discontinue the drama e and utili abandons its use th g ty easement or e City shall restore the Easement Area to the condition that existed ' przor to City's improvement of the property. 5. DURATION, The easement rights set forth herein shall rem ' a~n ~n full force and effect until (i}such time as Grantee or its successors in interest ma determine . y that ~t no longer requires the easements acquired herein, in which case Grantee shall execu ' to a written instrument ~n recordable farm evidencing the termination of this Easement A r g Bement, or ~~~~ until terminated by the mutual written consent of the artier to this Ease P meat Agreement. The terms of this Agreement shall be binding upon and inure to the benefit ' of the parties hereto, and their successors and assigns in interest, and the easements ant ' gr ed herein shall run with the land and encumber the Easement Area, ~. GOVERNING LAW. This Agreement shall be overned b ' g y and interpreted ~n accordance with the laws of the State of Minnesota. ~. AMENDML"NTS. This Easement A regiment ma be amen g y ded only by an instrument s ~gned by the parties hereto, or their successors in interest, CITY QF HASTINGS, A Minnesota Municipal Corpora~i'on (SEAL) By: Paul J, Hicks, Mayor ~ y: Melanie Meska Lee, Assistant City AdministratorlCity Clerk OTTO PRO~E~-~73 ~~~ Thomas ~ Otto ~~~ ~ ll Mary S. Ott STATE OF MINNESOTA ) )§ COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this da of ~p09 y ~ by Paul J. Hicks, Mayor of the City of Hastings, a Minnesota munici al co oration and b Melan' p ~ y ~e Mesko Lee, Assistant City AdministratorlCity Clerk of the City of Hastin s, a Minnesota munici . g pal corporat~an, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) )§ COUNTY OF DAKOTA ) ~~ The foregoing ~nstr«ment was acknowledged before me this da of ~p y 09 by Thomas L. Otto and Mary S. Dtto, husband and wife. w otary ublic THIS INSTRUMENT~RAFTE~ BY; FLUE~EL LAw FIRM P.A. 1303 South Frontage Raad, Suite #5 Hastings, MN 55033 b51-435-9777 (DAN/ham) KAYI~- 3. L NOTARY PliBIIC • RI~1NE801~ M~tS10~lEkPIRES 1.34 ~~~ ~~ ~f ~ ~-~~ ~~ ,~~ • ~~~ ~~ ~~~~~ ,~.- NOR~£~Y L1HE ~ sr~.1~,~~ a~ ~ ~Cr 4~(~~ r1•+b $$~83 N$f~37'1s">w ~ c'~' C~ *~Xy;~i / f ~ r 225.54 ~, ~ ~ "• ," ~,~~ ~ ~ ry J .` rr ~~ ~ L - ~- - - P~oPOSEO DRAINAGE AND UTILITY EASEMENT ~, N~ ~ 'r, r~ `, ~ r Jr. .y+ ~ ~ `r r i ~ f/} ~ r r ~ i ~r L ` ~- a Jr7 I h ~ ~ ,, r ~ 1 ~ V ~ , i.. ` ,~ 1 to .~ 1 ., v h i ~. , ~ / ~ ~ 4 ~ \ ~rr 1 f '~ 1 V ` ~ < ~~ ' r 1 .yu h + ~ Y r ~ //~~ ~ .f Y ~ ~~. . f t y~, ~. ~ / - ~ ((V~~ , ~ a ~~ ~,~~ . ~ , V ! ~~ r `i, `~'. {, J [Y', t ~~r //~ ~ . 1 .~ .. ~° ~ ~Y~. r~ , h, 1 r,+l yr~ k~~~j~ M E ~ ~ ~ ~ f" ~ ~; ~~ tip, ~p~~~ ~~ ~~ ~ t 4 I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PRERAREd 9Y ME OR UNDf=R MY DIRECT' 5UF'ERI~SION AND TFWT I AM A DULY LfCENSED LAND SURVEYOR UN~?ER THE TAWS ~ .~ 30 OF THE STATE OF MfNNESOTA. SIGNED THE 16TH DAY OF MAY, 2049 SCALE : 1 " ~ gyp' LEGAL DESCRIPTION; A PERPETUAL DRAINAGE AND UTIi.ITY EASEMENT OVER, UNDER AND ACR{155 THA? PART Of TRACT A, REGISTERED LANO SURVEY N0. 38 DESCRIBED A5 FOLLOWS; COMI#ENCENG AT THE MAST SOUT}tERLY CORNER pf: SAfD TRACT A, THENCE NORTH 28 dEGREES 39 IwiINUTES 13 SECONDS WEST ALONG THE SOl1THWE'STERLY LINE OF SAID TRACT A A DISTANCE QF 112.41 FFET, THENCE NOR'ff•[EAS'[ER1.Y ALONG A NONTANGENTIAL CURVE CONCAVE TO T'HE WEST' HAVING A RADIUS ~' 80.00 ~~', A CENTRAL ANGLIA OF B4 dEGREES 46 ~IiNtJTES 42 SECONDS, AN ARC LENGTH OF 118.37 FEET, A CHORD LENGTH OF 107.57 FEET' AND A CHORD f~'ARfNG OE i~RTH 18 DEGREES s7 f+~NtlTES za SECONDS FAST TD THE P{~NT OF f3EGINNlNG, THENCE NORTHWESTERLY CoNTTNUII~ Ai.ONG ~ CURVE CONGVE To THE wE,sr IiAVIhtG A RADIUS OF 94.00 FEET, A CENTRAL ANGLE OF 54 dEGREES 47 MINUTES 49 SECONDS, AN ARC LENGTH OF' 74.51 FEET, A CHARD LENGTH OF 73.83 FEET AND A CHpRd BEARING OF NORTH 5O DEGREES 49 MINUTES 49 5EGONDS WEST TO THE NORTHERLY U~ OF SAfD TRACT A, THENCE SOLIT'H 18 DEGREES 13 MINUTES 3O SECONDS EAST ALONG SAiO NORTHERLY TINE A DISTANCE OF 71.#0 FEET, THENCE SOUTH 21 DEGREES 52 MINUTES i 2 SECONDS WEST A dISTANCE OF 34.41 FEET TO THE POfNT OF BEGINNING AND THERE TERMINATENC. CONTAINING 764 SQUARE FEET PLUS OR MINUS DENNI5 M. H4NSA MINNESOTA LICENSE Np. 22444 FOR BE>~+I CONSULTING ENGINEERS ~ 5URV£YORS, PLC REVISED: 6-15-09 ADD 5TOR1# SEWER ~^ EXHIBIT A JOB NO, 119 18Y EA5EI~ENT BRAWN I91'; DI~lH ALTERATIONS TO THIS ffRAWING ARE PROHI~CED WIT}iOUT THE EXPRESS WRITTEN PERMfSSION Oi: 90M, COPYRIGHT 2008, BOM CONSULTII~ ENGINEERS ANLI SURVEYORS, PLC.