The URL can be used to link to this page

Home My WebLink About7.D.3. Shakopee Public Utilities Well No. 17 Easement Adjustment-Res. No. 6473 CITY OF SHAKOPEE 7. fJ ~.I MEMORANDUM To: Mayor and City Council CONSENT Mark McNeill, City Administrator From: Mark Themig, Parks, Recreation, and Facilities Director Meeting Date: August 15, 2006 Subject: Shakopee Public Utilities Well No. 17 Easement Adjustment, Resolution No. 6473 INTRODUCTION This agenda item seeks approval of an adjustment to an easement that the City granted to SPUC for Well No. 17 at the 17th Avenue Sports Complex. BACKGROUND AND DISCUSSION As part of the SPUC well field complex, the City granted an easement for a submersible well. After the easement was granted, SPUC learned that there was a storm sewer line in the area, and the existing easement would not provide the required separation between the well and the storm sewer line. SPUC is requesting an 11' X 100' addition to the easement. The additional easement is I in an area that is not being used for soccer fields, so it would not interfere with facility use. I SPUC purchased the existing easement from the City. Rather than conducting a nJw appraisal and negotiating additional payments for this small area, I asked SPUC if they would be willing to correct a stormwater run-off issue we have in the northeast corr1er of the site as part of their work in the well drilling and pump house construction. We met on site with their engineers and the correction will involve installation of a storm sewe~ line connecting to the existing storm sewer, and site restoration. I believe that this work will be of greater value to the usability of the site than the payment for the additional easement area. RELATIONSHIP TO VISION F. Housekeepif1g Item REQUESTED ACTION I City Council is asked to move to approve Resolution No. 6473, A Resolution of the City of Shakopee Authorizing An Amendment to Easement Agreement I RESOLUTION NO. 6473 A Resolution of the City of Shakopee Authorizing An Amendment to Easement Agreement WHEREAS, the City of Shakopee haS entered into an Easement Agreement with the Shakopee Public Utilities Commission ("Commission") dated December 30, 2004, and recorded February 1,2005 as Document No. A687355 in the Office of the Scott County Recorder and WHEREAS, in order to maintain a 50-foot separation of a well that the Commission proposes to locate in one of its easement areas, from an existing storm sewer pipe, it is necessary to amend the legal description of the easement for Well No. 17 as provided under the Easement , Agreement; and WHEREAS, the City Council has determined that the amendment is in the public interest. NOW, THEREFORE, BE IT,RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE AS FOLLOWS: 1. The mayor, city administrator and city. clerk are authorized and directed to execute' and deliver to the Shakopee Public Utilities Commission an Amendment to Easement Agreement in the form of the attached Exhibit A. Adopted this _ day of , 2006. ATTEST: Mayor: City Clerk 29171 Ov 1 CAR SH240-13 EXHIBIT A Amendment to Easement Agreement 291710vl eAHSH240-13 AMENDMENT TO EASEMENT AGREEMENT THIS AGREEMENT is made as of , 2006, by and between City of' Shakopee, a Minnesota municipal corporation ("City"), and Shakopee Public Utility Commission, a municipal utility commission organized under Minnesota law("SPUC"). Recitals A. The parties to this instrument entered into an Easement Agreement dated December 30, 2004, recorded February 1, 2005, as Document No. A687355 in the offices of the Scott County Recorder (the "Agreement"), which affects and concerns the real property owned by the City and described on the attached Exhibit A (the "City Property") and the real properties owned by SPUC and described on the attached Exhibit B (the "SPUC Properties"). B. The parties desire to amend the Agreement. Amendment to Easement Agreement 1. Well No. 17. The legal description of the easement for Well No. 17, as described at Exhibit C to the Agreement, is amended by substituting therefore the legal description at Exhibit C to this Amendment, which is incorporated herein by reference. The purpose of this . amendment is to increase the area of the Well No. 17 easement in order to allow SPUC to maintain a 50-foot separation of its well from a storm sewer pipe owned by City. A sketch depicting the location of the Well No. 17 easement, as amended by this Amendment, is attached as Exhibit D and incorporated herein. 2. Consideration. In consideration for this amendment, SPUC agrees to grade that portion of the City Property depicted on the attached Exhibit D and to install a storm sewer pipe on the City Property at the approximate location depicted on the attached Exhibit D. SPUC shall 291679vlCAH 1 SH240-13 be responsible for the entire cost of grading and installing the storm sewer pipe, and SPUC agrees to performthe.work according to the City's specifications. Upon completion of the work and acceptance of the. work by the City, the City shall be solely responsible for the maintenance and repair of the storm sewer pipe, and.SPUC shall have no further responsibility with respect to the work performed, except that SPUC shall provide a one-year warranty for defective labor or materials. The City's acceptance must be in writing signed by the City's parks and recreation director or city administrator. The City grants to SPUC a temporary construction easement to enter the affected portion of the City Property for the purpose of performing the work. The .. temporary easement shall expire on December 31, 2007. 3. Except as expressly modified by this Amendment, the.terms and conditions of the Agreement remain in full force and effect and reaffirmed by the parties. No easement descriptions other than the legal description of Well No. 17 are affected by this Amendment. IN WITNESS WHEREOF, the parties have caused this Amendment to be du1y executed in their names and behalves and on or as of the date first above written. [remainder of page intentionally left blank] 291679vlCAH 2 SH240-13 Signature Page for City CITY OF SHAKO PEE 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 , 2006, by , Mark McNeill, and Judy S. Cox, the mayor, city administrator and city clerk, respectively, of the City of Shakopee, a Minnesota municipal corporation, on behalf of the corporation. Notary Public 291679vleAH 3 SH240-13 Signature Page ~or SPUC SHAKOPEE PUBLIC UTILITIES COMMISSION By Its By Its STATE OF MINNESOTA } 5S.: COUNTY OF SCOTT The foregoing instrument waS acknowledged before me this day of , 2006 by and , the and , respectively, of Shakopee Public Utilities Commission, a municipal utility commission under the laws of Minnesota, by and on behalf of said utility commission. Notary Public 291679vlCAH 4 SH240-13 EXHIBIT A Legal Description of City Property City Parcel A: The Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 17, Township 115 North, Range 22 West of the Fifth Principal Meridian And City Parcel B: Outlot A, PHEASANT RUN FIRST ADDITION, according to the recorded plat thereof, Scott County, Minnesota; except the following described parts thereof: Beginning at the northwest comer of said Outlot A; thence on an assumed bearing of South 04 degrees 44 minutes 52 seconds West, along the westerly line of said Outlot A, a distance of 100.00 feet; thence South 85 degrees 15 minutes 08 seconds East a distance of 105.00 feet; thence North 04 degrees 44 minutes 52 seconds East, to the north line of said Outlot A; thence South 89 degrees 58 minutes 37 seconds West, along said north line to the point of beginning And City Parcel C: Outlot A, PHEASANT RUN EIGHTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota, except the East 148.79 feet of the South 110.00 feet of the North 203.19 feet thereof. CAH-255333vl SH240-13 A-I EXHIBIT B Legal Descriptions of SPUC Properties Well No. 16 That part of Outlot A, PHEASANT RUN FIRST ADDITION, according to the recorded plat thereof, described as follows: Beginning at the northwest comer of said Outlot A; thence on an assumed bearing of South 04 degrees 44 minutes 52 seconds West, along the westerly line of said Outlot A, a distance of 100.00 feet; thence South 85.degrees 15 minutes 08 seconds East a distance of 105.00 feet; thence North 04 degrees 44 minutes 52 seconds East, to the north line of said Outlot A; thence South 89 degrees 58 minutes 37 seconds West, along said north line to the point of beginning And Well No. 18 The East 148.79 feet of the South 110.00 feet of the North 203.19 feet of Outlot A, PHEASANT RUN EIGHTH ADDITION, according to the recorded plat thereof. CAH-255333vl SH240-13 B-1 EXHIBIT C Legal Description of Well No. 17 Easement As Modified Well No. 17Easement A perpetual easement for well purposes over, under and across that part of Outlot A, PHEASANT RUN FIRST ADDITION, according to the recorded plat thereof described as follows: Commencing at the northwest comer of said Outlot A; thence on an assumed bearing of South 4 degrees 44 minutes 52 seconds West, along the westerly line of said Outlot A, a distance of 350.00 feet, to the point of beginning of the land to be described; thence South 85 degrees 15 minutes 08 seconds East a distance of 105 feet; thence South 4 degrees 44 minutes 52 seconds West a distance of 138.10 feet, to the southerly line of said Outlot A; thence westerly, along said southerly line, to the southwest comer of said Outlot A; thence North 4 degrees 44 minutes 52 seconds East, along the westerly line of said Outlot A, a distance of 101.75 feet, to the point of beginning. 291679vlCAH SH240-13 C-l EXHIBIT D Sketch Depicting Location of Amended Well No. 17 Easement I 291679vlCAH SH240-13 D-l I 'VYf"\ ILI,\IVIf\J1'" r\1\lU ACCESS L1 .. ACCESS EASEMENT t . WATERMAIN p' EASEMENT --:::.:>NOO'0L23"W_ _ _ -680.00- EASEMENT_\-t _ _ _ _ _ R.. lilt: ----- 55.00 oll. h - - - - - - -" - -=f - - - 11 6j= - - -- -- -- - - - - - -525,00- - - - - - ~j:1.1 AI '37"E - - - - . 0 ..I- -'X ACCESS 540.79 r: .m I/Ii ~~ Northwest corner of / / S,~~\}.J.....~~'<L~ ::Ill l:l~ 0 S EASEMENT Jill 1; w Outlot A, PHEASANT 0 '"J:.~ P.Q~...:::. ~ V4.t:...A:l-t- f\Q~ t'\ 0 g~ RUN FIRST ADDITION 0 <- TRAIL EASEMENT #14 ...- 11I1/1 . 1/1 .~ .... , ~il;j=: < \ \ ....... 1Il1li~d L() .-(""", \. >' wO ilw: f'- -< Y a. 0 =Jfn #4 Fee ....... \ \ ~ >- =~; to S\jY ... ft~ - "Point A" > j c- .0 I") ,?, %... 20 -( , 1/11= c- , !. ~ #6 -<<') -' f "\ \;- ''''Ill '(" Y H~U! $: \" \\ ~ aJ! H~ <') '-)' ~ ~ ~;~ ,-- -( 5L ('oJ ..., , :.>, .L() to \ "". c- v\' {gJi '<t > , ' ~r ;;r (- ,?,- '<t " '" \' ..' -( 0 f;: Y\ ".... \ aiJj' . 0 ( \ f3f (fJ \... ,) , Uh: , -( 'y - EJ , , ... ',-) ( , .N <2. fl'\ ~<C...\Jv... "t.. ~ ~ \. ) .-+. ~D~,=",\.~ <2. 'f'>\ ~ 'C.. \M..t:. "'-I, s ~-.A_J-.J i B .t ,g. } ! j (BC.4LE1Jf rat) ft ORIGINAL WELL ) EASEMENT .. f~