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Home My WebLink About4. A. Authorize the Execution of Trail easement for the Quarry Lake Trail Project General Business 4. A. SHAKOPEE TO: Mayor and City Council Mark McNeill,City Administrator FROM: Bruce Loney,Public Works Director DATE: 07/22/2014 SUBJECT: Authorize the Execution of Trail Easement for the Quarry Lake Trail Project(E) Action Sought Approve a motion authorizing the appropriate city officials to execute the trail easement agreement between OIRE Minnesota LLC and the City of Shakopee. Background The City Council recently adopted Resolution No. 7462,a resolution approving plans and specifications for the 2014 Bituminous Trail Improvements Projects. Included in the project is the extension of the Quarry Lake trail to Gateway Drive. In order to construct the trail, an easement agreement has been prepared between OIRE Minnesota LLC and the City of Shakopee.A consent to trail easement has been received from the Prior Lake Spring Lake Watershed District. The City needs to execute the trail easement agreement as prepared by the City attorney. Recommendation Staff recommends the authorization for the execution of the trail easement agreement. Budget Impact Preparation of easement and payment of easement are part of the project costs which affects the Capital Improvement Fund. Relationship to Vision This supports Goal E: Deliver effective and efficient public services by a staff of well-trained,caring, and professional employees. Requested Action Approve a motion authorizing the appropriate city officials to execute the trail easement agreement between OIRE Minnesota LLC and the City of Shakopee. Attachments: Trail Easement Torrens CT Nos. 40975 and 40796 TRAIL EASEMENT THIS TRAIL EASEMENT (this "Agreement") is made by OIRE Minnesota, LLC, a Delaware limited liability company (the "Grantor"), in favor of the City of Shakopee, a Minnesota municipal corporation(the"City'). Recitals A. Grantor is the fee owner of the property located in Scott County, Minnesota and legally described as: Outlots A and B, Valley Park Thirteenth Addition, Scott County, Minnesota (the'`Property"). B. Grantor desires to grant to the City a trail 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 City a perpetual, non-exclusive easement (the "Easement") for trail purposes over, under, across and through the portions of the Property legally described in Exhibit A and depicted in Exhibit B and Exhibit C (the"Easement Area'). 2. Scope of Easement. The Easement granted herein includes the right of the City, its contractors, agents, and employees to enter the Property at all reasonable times for the purposes of locating, constructing, operating, maintaining, altering and repairing a trail and similar facilities or improvements (the "Trail") within the Easement Area. 445727v1 SI1155-23 6312878v2 The Trail may be used for outdoor recreation and commuter activities including, but not limited to, walking, jogging, skating, biking, and uses mandated by state law including, but not limited to, electronic personal assistive devices. In addition, emergency vehicles and motorized vehicles used by the City for maintenance, law enforcement or other public uses will be permitted in the Easement Area. The Easement granted herein also includes the right to cut, trim, or remove from the Easement Area trees, shrubs, or other vegetation as in the City's judgment unreasonably interfere with the authorized uses of the Easement Area or facilities of the City, its successors or assigns. 3. Maintenance of Easement. Grantor shall have no obligation or duty to maintain, repair or replace any improvements in the Easement Area. 4. Indemnification. The City agrees to indemnify and defend the Grantor against and to hold the Grantor harmless from any and all third party claims arising out of or in any way relating to the performance of City activities within the Easement Area. The Grantor agrees to indemnify and defend the City against and to hold the Grantor harmless from any and all third party claims arising out of or in any way relating to the performance of Grantor's activities within the Easement Area. 5. Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the City the easement herein. 6. Environmental Matters. The City 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 which may have existed on, or which relate to, the Easement Area or the Property prior to the date of this instrument. 7. City Consent to Easement. The Easement Area is located partially within certain drainage and utility easements in favor of the City under the following documents: (i) Deed of Drainage and Utility Easement dated August 31, 1982 recorded on December 23, 1985 as document No. 33044 in the Office of the Registrar of Titles of Scott County, Minnesota; and (ii) Deed of Drainage and Utility Easement dated October 13, 1982 and recorded on December 14, 1982 as Document No. 24905 in the Office of the Registrar of Titles of Scott County, Minnesota (collectively, the "Existing Drainage and Utility Easements"). The City, in its capacity as grantee under the Existing Drainage and Utility Easements, hereby consents to this Easement granted herein and consents to the Trail being constructed and partially located within the Existing Drainage and Utility Easements. 8. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. 9. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. STATE DEED TAX DUE HEREON: NONE 2 445727v1 SH155-23 6312878v2 Dated this day of ,2014. OIRE MINNESOTA C Delaware limited liability co,plpan By: Name: NN tcj _ L4,4. >(Iv _ u .... STATE OF MINNESOTA ) ss. COUNTY OFLi1c, 1) �1-, — The foregoing instrument was acknowledged before me this 1`� _day of �..1•� , 2014, by U ckd t. C_ . Let the t, ,�c tRkc (it iw of OIRE Minnesota, L,LC,a Delaware limited liability company,on behalf of the company,Grantor. C: � Notary Public .- Stephanie Lynn Gunkel NOTARY STAMP OR SEAL y Notary Pubtio-Minnesoto 11; ' My Commission Expires 1131116 THIS INSTRUMENT DRAFTED BY: Kennedy&Graven,Chartered(DDS) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 3 35777+.1 511155 23 6312878v2 Dated this day of , 2014. CITY OF SHAKOPEE, a Minnesota municipal corporation By: Brad Tabke Its: Mayor By: Mark McNeill Its: Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2014, by Brad Tabke, the Mayor,and by Mark McNeill,the Administrator of the City of Shakopee,a Minnesota municipal corporation,on behalf of said municipal corporation. Notary Public NOTARY STAMP OR SEAL 4 445727v1 SH155-23 6312878v2 CONSENT TO TRAIL EASEMENT The Prior Lake-Spring Lake Watershed District ("District"), in its capacity as grantee under the easement dated and filed for registration on as Doc. No. ("District Easement"), hereby consents to the Easement granted herein and consents to the Trail being constructed and partially located within the District Easement. By consenting, the District does not subordinate any rights under the District Easement, all of which remain superior to any rights granted under this Easement. The District has the ability to realign the channel for purposes such as energy dissipation or ecological enhancement. In exercising its rights under the District Easement, the District will take reasonable steps to avoid damage to any trail and to coordinate with the Easement grantee, but otherwise is not responsible for damage to the trail arising from its activity under the District Easement. The District is not responsible for any damage to the trail or any consequential damage arising from the movement of the channel within the boundaries of the District Easement. Any land disturbance within the District Easement for trail construction purposes is subject to written District approval of an erosion control plan. PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT, a political subdivision of the State of Minnesota B till' • t� r t/V('/ �.� S Name: 4MM= v 7r- I ts: —s Y t�f STATE OF MINNESOTA ) )ss. COUNTY OF SGO�"t- The foregoing instrument was acknowledged before me this 9 day of /I , 2014, by ! 1fl.j it net t4.4 , the IUnityl(SArt.i gyp'/ SL.of the Prior Lake-Spring Lake Watershed District,a political subdivision of the State of Minnesota,on behalf of said political subdivision. Notary Public 114..1"41 C State of Minnesota My Commission Expires Notary Public January 3 L 20)4 NOTARY STAMP OR SEAL S 445727v3 SH155-23 EXHIBIT A Legal Description of Easement Area That part of Outlot A, Valley Park Thirteenth Addition, as is on file in the office of the County Recorder Scott County, Minnesota, which lies west of the east 90.00 feet thereof and easterly and southerly of the following described line: Commencing at the northeast corner of said Outlot A; thence South 89 degrees 53 minutes 28 seconds West, assumed bearing along the north line thereof, 120.53 feet to the point of beginning of said line to be hereinafter described; thence South 00 degrees 44 minutes 52 seconds West, parallel with the east line thereof 959.54 feet; thence South 56 degrees 07 minutes 46 seconds West, 22.72 feet; thence North 68 degrees 29 minutes 20 seconds West parallel with the southerly line thereof,414.49 feet; thence North 55 degrees 12 minutes 23 seconds West,parallel with the southerly line thereof, 783.99 feet to the westerly line thereof and said line there terminating. AND The west 30.00 feet of the east 120.00 feet of Outlot B, Valley Park Thirteenth Addition, as is on file in the office of the County Recorder Scott County, Minnesota A-1 445727v3 SH155-23 EXHIBIT B Depiction of Easement Area, Out lot A - — 1 • • J Pt 9parqd ty I A '"7.°I 'III-I' Quarry Lake Trail Extension OUT LOT A, I WSB Valley Par.<Thirteenth Addling SHAKOP1-,F, City of Shakopee, Minnesota Fra Easement B-1 445727v3 S H155-23 EXHIBIT C Depiction of Easement Area, Outlot B • • ) i{ 1 -...,, Quarry Lake Trail Extension OUTLOT B, w,5'B — --- � Valley Park Thirteenth Addition ; 7 SHAKOPFE City of Shakopee, Minnesota Trail Easement . B-1 445727v3 SH155-23