HomeMy WebLinkAbout4.C.1 Approve the Execution of Easements from Beteaseed for the Balley View Road Project Consent Business
4. C. 1.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
DATE: 09/17/2013
SUBJECT: Approve the Execution of Easements from Betaseed for the Valley View Road Project
(D)
Action Sought
Authorize the appropriate City officials to sign the easements from Betaseed for the Valley View
Road Project.
Background
Easements are needed for Valley View Road from Betaseed. The attorney for Betaseed is
requesting signatures from the City accepting the easements. City Attorney Thomson has
approved this request and needs Council approval fro execution of signatures.
Recommendation
Staff recommends authroizing the execution of the easements by the City.
Budget Impact
None.
Relationship to Vision
This supports Goal D: Maintain, improve and create strong partnerships with other public and
private sector entities.
Requested Action
Authorize the appropriate City officials to sign the easements from Betaseed for the Valley View
Road Project.
Attachments: EASEMENT BETASEED
TEMP EASEMENT BETASEED
Abstract
EASEMENT
THIS INSTRUMENT is made by the Betaseed,Inc., a corporation organized under the laws
of the State of Minnesota, Grantor, in favor of City of Shakopee, a municipal corporation organized
under the laws of the State of Minnesota,Grantee.
Recitals
A. Grantor is the fee owner of the following described property in Scott County, Minnesota
(the'Property"):
That part of the Northeast Quarter of the Southeast Quarter of Section 18, Township 115,
Range 22, Scott County, Minnesota, lying south of the North 21.15 feet, northerly of the
plat of Hillside Estates 1 st Addition, and northerly of the centerline of Valley View Road
as now traveled.
Also that part of OUTLOT A, ST. FRANCIS MEDICAL CAMPUS, as is on file and of
record in the Office of the County Recorder, in and for Scott County Minnesota, which
lies easterly of Scott County Right of Way Plat No. 85 and 86, according to the recorded
Plat thereof, all of which lies southerly of Line 1 described below.
Line 1:
Commencing at the West Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota; thence South 89 degrees 55 minutes 21 seconds East, assumed bearing along
the south line of the North Half of said Section 18, 3978.34 feet;thence North 44 degrees
51 minutes 30 seconds East, 55.26 feet, to the point of beginning of said Line 1 to be
hereinafter described; thence North 89 degrees 51 minutes 30 seconds East, 66.20 feet;
thence southeasterly 377.48 feet, along a tangential curve concave to the southwest,
having a radius of 914.93 feet and a central angle of 23 degrees 38 minutes 21 seconds;
thence South 66 degrees 30 minutes 09 seconds East, tangent to the last described curve,
65.14 feet; thence easterly 446.31 feet, along a tangential curve concave to the northeast,
having a radius of 1081.74 feet, and a central angle of 23 degrees 38 minutes 21 seconds;
thence North 89 degrees 51 minutes 30 seconds East, tangent to the last described curve,
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266.25 feet, to the east line of the Northeast Quarter of the Southeast Quarter of said
Section 18, and said Line 1 there terminating.
Less and except Parcels 1 & 2 as shown in the City of Shakopee Road Right of Way Plat
No. 1
B. Grantor desires to grant to the Grantee easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration,receipt of which is acknowledged
by Grantor,Grantor grants and conveys to the Grantee the following easement:
A strip of land 10.00 feet in width over that part of the Northeast Quarter of the Southeast
Quarter of Section 18, Township 115,Range 22, Scott County, Minnesota,the easterly line of
which is contiguous with the westerly line of Parcel 1, City of Shakopee Road Right of Way Plat
No. 1, according to the recorded plat thereof.
Said strip of land is to extend by its full width from Line 1 described below, to a line drawn
parallel with and distant 323.30 feet south of the south line of the Southeast Quarter of the
Northeast Quarter of said Section 18.
Line 1:
Commencing at the West Quarter of Section 18,Township 115,Range 22, Scott County,
Minnesota; thence South 89 degrees 55 minutes 21 seconds East, assumed bearing along the
south line of the North Half of said Section 18, 3978.34 feet; thence North 44 degrees 51 minutes
30 seconds East, 55.26 feet,to the point of beginning of said Line 1 to be hereinafter described;
thence North 89 degrees 51 minutes 30 seconds East, 66.20 feet; thence southeasterly 377.48
feet, along a tangential curve concave to the southwest,having a radius of 914.93 feet and a
central angle of 23 degrees 38 minutes 21 seconds;thence South 66 degrees 30 minutes 09
seconds East,tangent to the last described curve, 65.14 feet; thence easterly 446.31 feet, along a
tangential curve concave to the northeast,having a radius of 1081.74 feet,and a central angle of
23 degrees 38 minutes 21 seconds; thence North 89 degrees 51 minutes 30 seconds East,tangent
to the last described curve, 266.25 feet,to the east line of said Northeast Quarter of the Southeast
Quarter of said Section 18, and said Line 1 there terminating.
And also
That part of OUTLOT A, ST. FRANCIS MEDICAL CAMPUS, as is on file and of record in the
Office of the County Recorder, in and for Scott County Minnesota, described as follows:
That part of the above described parcel of land which lies easterly of Scott County Right of Way
Plat No. 85 and 86, according to the recorded Plat thereof and southerly of Line 1 described
below.
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Line 1:
Commencing at the West Quarter of Section 18,Township 115, Range 22, Scott County,
Minnesota; thence South 89 degrees 55 minutes 21 seconds East, assumed bearing along the
south line of the North Half of said Section 18, 3978.34 feet; thence North 44 degrees 51 minutes
30 seconds East, 55.26 feet,to the point of beginning of said Line 1 to be hereinafter described;
thence North 89 degrees 51 minutes 30 seconds East, 66.20 feet; thence southeasterly 377.48
feet,along a tangential curve concave to the southwest,having a radius of 914.93 feet and a
central angle of 23 degrees 38 minutes 21 seconds;thence South 66 degrees 30 minutes 09
seconds East, tangent to the last described curve, 65.14 feet; thence easterly 446.31 feet, along a
tangential curve concave to the northeast,having a radius of 1081.74 feet, and a central angle of
23 degrees 38 minutes 21 seconds; thence North 89 degrees 51 minutes 30 seconds East,tangent
to the last described curve,266.25 feet,to the east line of the Northeast Quarter of the Southeast
Quarter of said Section 18, and said Line 1 there terminating.
A depiction of the easement area is attached hereto as Exhibit A.
2. Scope of Easement. The permanent, non-exclusive utility and drainage easement granted
herein includes the right of the Grantee, its contractors, agents, and employees to enter the
easement area at all reasonable times for the purpose of locating, constructing, reconstructing,
operating, maintaining, inspecting, altering and repairing storm sewer, sanitary sewer and water
facilities and ground surface drainage ways in the described easement area.
The easement granted herein also includes the right to cut, trim, or remove from the
easement area trees, shrubs, or other vegetation that, in the Grantee's judgment, unreasonably
interfere with the easement or facilities of the Grantee, its successors or assigns. Whenever
Grantee shall engage in locating, constructing,reconstructing, operating,maintaining, inspecting,
altering and repairing the facilities located within the easement area pursuant to the easement
rights granted herein, Grantee shall promptly repair and restore to a condition equal or better than
the condition that existed prior to such activities by Grantee any improvements on the Property
that may be adversely affected in connection with the exercise by Grantee of the easement rights
herein granted. Grantee shall take reasonable steps to assure that any work performed on the
Property affected by the easement granted herein causes minimal interference with the normal
use of the surface of the Property.
3. Compliance. Grantee shall comply with all regulatory, environmental, and safety
requirements with respect to the easement area and the facilities placed thereon by Grantee, its
successors or assigns pursuant to the terms hereof, and shall construct, repair and otherwise
maintain the easement area and such facilities located thereon I compliance with all applicable
laws and regulations, at Grantee's sole cost and expense.
4. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right,
title and capacity to convey to the Grantee the easement herein.
5. Liens. Grantee shall not cause liens or encumbrances of any kind to be placed against or
upon the Property.
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6. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate
to, the easement area or Property prior to the date of this instrument. Grantee shall not use,
deposit or release, or permit the use, deposit or release of any hazardous or toxic waste or
material or other harmful substances on the Property.
7. Indemnification. The Grantee agrees to indemnify and hold harmless the Grantor and
their officers, employees, agents and contractors from and against any and all suits, actions,
causes of action, proceedings, claims, losses, costs, damages and expenses, including reasonable
attorneys' fees, arising out of the Grantee's operation, use or maintenance of the easement area
and the facilities located thereon, except to the extent that the claim results from an action or
inaction of the Grantor for which the Grantor would independently be subject to liability.
8. Enforcement. In the event any violation or threatened violation by a party of any of the
terms, covenants and conditions in this Easement, the other party, or its respective successors or
assigns, will have, in addition to the right to collect damages and to pursue any remedy provided
herein or available at law or equity, the right to enjoin such violation or threatened violation in a
court of competent jurisdiction, which injunction shall be obtainable upon the proof of the
existence of such violation or attempted or threatened violation or interference and without the
necessity of proof of the inadequacy of legal remedies or irreparable harm.
9. Binding Effect.ffect. The terms and conditions of this instrument shall run with the land and be
binding on the parties hereto, and their respective successors and assigns.
10. Entire Agreement. This instrument contains the entire agreement between the parties
relating to the rights herein granted and the obligations herein assumed. Any oral presentations
or modifications concerning this instrument shall be of no force or effect except in a subsequent
modification in writing, signed by al parties hereto, and recorded with the County Recorder for
Scott County,Minnesota.
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STATE DEED TAX DUE HEREON: NONE
Dated this day of , 2013.
GRANTOR:
Betaseed, Inc.
By
Its
CITY OF SHAKOPEE
By:
Brad Tabke
Its: Mayor
By:
Mark McNeill
Its: City Administrator
STATE OF MINNESOTA )
ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2012, by Brad Tabke and Mark McNeill, the Mayor and City Administrator, respectively of the
City of Shakopee, a Minnesota municipal corporation on behalf of the City.
Notary Public
NOTARY STAMP OR SEAL
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STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2013 by ' the of
Betaseed, Inc., a corporation organized under the laws of the State of Minnesota, on behalf of the
corporation, Grantor.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy&Graven, Chartered
470 US Bank Plaza
200 South Sixth Street
Minneapolis,MN 55402
419332 Version:2
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EXHIBIT A
Depiction of Easement Area
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TEMPORARY EASEMENT FOR CONSTRUCTION
THIS INSTRUMENT is made by Betaseed, Inc., a Minnesota corporation, Grantor, in favor
of the City of Shakopee, a Minnesota municipal corporation, Grantee.
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is acknowledged by
Grantor, Grantor grants and conveys to the Grantee a temporary easement for construction
purposes, including the right of the Grantee, its contractors, agents, and employees to enter upon
said easement area at all reasonable times during the easement period for the purposes of
construction, repairing, grading, sloping, and restoration of the property owned by Grantee adjacent
to the temporary easement area and all purposes ancillary thereto, as well as the right to temporarily
deposit construction materials upon the easement area. Prior to the end of the easement period,
Grantee shall restore the easement area to the condition in which it was found prior to the
commencement of Grantee's access upon such easement area.
The temporary easement granted herein is over, under, and across a strip of land 20.00 feet in
width over that part of the Northeast Quarter of the Southeast Quarter of Section 18, Township
115, Range 22, Scott County, Minnesota, the easterly line of which is contiguous with the
westerly line of Parcel 1, City of Shakopee Road Right of Way Plat No. 1, according to the
recorded plat thereof.
Said strip of land is to extend by its full width from Line 1 described below, to a line drawn
parallel with and distant 333.30 feet south of the south line of the Southeast Quarter of the
Northeast Quarter of said Section 18.
Line 1:
Commencing at the West Quarter of Section 18, Township 115, Range 22, Scott County,
Minnesota; thence South 89 degrees 55 minutes 21 seconds East, assumed bearing along the
south line of the North Half of said Section 18, 3978.34 feet; thence North 44 degrees 51 minutes
30 seconds East, 55.26 feet, to the point of beginning of said Line 1 to be hereinafter described;
thence North 89 degrees 51 minutes 30 seconds East, 66.20 feet; thence southeasterly 377.48
feet, along a tangential curve concave to the southwest, having a radius of 914.93 feet and a
central angle of 23 degrees 38 minutes 21 seconds; thence South 66 degrees 30 minutes 09
seconds East, tangent to the last described curve, 65.14 feet; thence easterly 446.31 feet, along a
tangential curve concave to the northeast, having a radius of 1081.74 feet, and a central angle of
23 degrees 38 minutes 21 seconds; thence North 89 degrees 51 minutes 30 seconds East, tangent
to the last described curve, 266.25 feet, to the east line of said Northeast Quarter of the Southeast
Quarter of said Section 18, and said Line I there terminating.
A depiction of the easement area is attached hereto as Exhibit A.
4 f 933 f v2 N KL-S H 155-262
Said temporary easement expires on December 1, 2014. Grantee shall not assign the easement
rights set forth herein without the express written consent of Grantor.
Grantee shall comply with all regulatory, envirorunental and safety requirements with respect to
Grantee's use of the easement area. Grantee shall not use, deposit or release, or permit the use,
deposit or release of any hazardous or toxic waste or material or other hanrrful substances on the
Property. Grantee shall not cause liens or encumbrances of any kind to be placed against or upon
the Property. Grantee shall indemnify and hold Grantor hannless from and against any and all
claims, actions, damages liabilities, liens, and expenses, including reasonable attorney's fees in
connection with or arising out of the use of or activities on the temporary easement area by Grantee
or its agents, contractors, employees or invitees including, but not limited to loss of life, personal
injury, mechanic's liens, and releases of hazardous substances.
In the event any violation or threatened violation by a party of any of the terms, covenants and
conditions in this Easement, the other party, or its respective successors or assigns, will have, in
addition to the right to collect damages and to pursue any remedy provided herein or available at
law or equity, the right to enjoin such violation or threatened violation in a court of competent
jurisdiction, which injunction shall be obtainable upon the proof of the existence of such violation or
attempted or threatened violation or interference and without the necessity of proof of the
inadequacy of legal remedies or irreparable harm.
This instrument contains the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any oral presentations or modifications concerning
this instrument shall be of no force or effect except in a subsequent modification in writing, signed
by all parties hereto, and recorded with the County Recorder for Scott County, Minnesota.
{Signatures pages to follow}
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STATE DEED TAX DUE HEREON: NONE
Dated this day of 12013.
Grantor:
Betaseed, Inc.
By:
Its:
STATE OF MINNESOTA }
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2013,by , the of Betaseed, Inc.,a
Minnesota corporation on behalf of the corporation.
Notary Public
NOTARY STAMP OR SEAL
The remainder of this page left blank intentionally.
419331Q NKE SH155-262
Dated this day of ,2013.
GRANTEE:
City of Shakopee
By:
Its Mayor
By:
Its City Administrator
By:
Its City Clerk
STATE OF MINNESOTA )
)ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of , 2013
by , the Mayor; by the City
Administrator; and by , the City Clerk of the City of Shakopee, a
Minnesota municipal corporation on behalf of the corporation.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy& Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
Telephone: (612) 337-9300
419331 Q NKE SH 155-262