HomeMy WebLinkAbout5.D.1. Purchase of Drainage & Utility Easement for HWY 101 Improvements
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CITY OF SHAKOPEE C(J~nSP~~T
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TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Jeff Weyandt, Assistant City Engineer
SUBJECT: Drainage & Utility Easement - 1502 1st Avenue E.
DATE: September 19,2006
INTRODUCTION:
Attached is a drainage and utility easement document for an easement on the property
located at 1502 1 st Avenue E.
BACKGROUND:
Staff is requesting approval for payment of $1,500.00 to the property owners for a
drainage and utility easement. The easement is necessary for maintenance of an existing
sanitary sewer line replaced this summer as part of the C.R. 101 improvements. Attached
is the easement document.
ALTERNATIVES:
1. Approve a motion approving the payment of$1,500.00 to the property owners of
1502 1 st Avenue E. for a drainage and utility easement.
2. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No.1.
ACTION REQUESTED:
Approve a motion approving the payment of$1,500.00 to the property.owners of 1502
1 st Avenue E. for a drainage and utility easement.
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J effW eyandt
Assistant City Engineer
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ENGRl2006PROJECT/2006RIVERDISTRICT/WORD/DRAlNAGE-EASEMENT
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Property ill #279061260
EASEMENT
THIS INSTRUMENT is made by Pelagie Snesrud and Glenn Snesrud, wife and husband
and Patricia Cates and James Cates, wife and husband, Grantors, in favor of the City of Shakopee, a
Minnesota municipal corporation, Grantee.
Recitals
A. Grantors are the fee owners of the following described property in Scott County, Minnesota
(the "Property"):
See Exhibit A for legal description.
B. Grantors desire to grant to the Grantee an 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 Grantors, Grantors grant and convey to the Grantee the following easement:
A perpetual, non-exclusive easement for utility and drainage purposes over, under, across and
through the west 10.00 feet, as measured at right angle to and parallel with the West Property
Line, ofthe Property.
The sideline of said Easement is to be lengthened or shortened so as to terminate in the North
Right of Way Line of the Chicago and Northwestern Railroad and in the South Right of Way
Line of County State Aid Highway Number 101.
Containing 2,708 sq. ft. or 0.0622 Acres ofland
2. Scope of Easement The perpetual utility and drainage easement granted herein includes
the right of the Grantee, its contractors, agents, and employees to enter the premises at all
reasonable times for the purpose of locating, constructing, reconstructing, operating,
maintaining, inspecting, altering and repairing storm sewer, sanitary sewer and water facilities
294776vl NKE SH155~172
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 areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably
interfere with the easement or facilities of the Grantee, its successors or assigns.
3. Warranty of Title. The Grantors warrant they are the owners of the Property and have the
right, title and capacity to convey to the Grantee the easement herein.
4. 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 which may have existed on, or which
relate to, the easement area or Property prior to the date of this instrument.
5. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantors, their heirs and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this _ day of , 2006.
Pelagie Snesrud
Glenn Snesrud
STATE OF MINNESOTA )
)
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
-
, 2006, by Pelagie Snesrud and Glenn Snesrud, wife and husband, Grantors.
Notary Public
NOTARY STAMP OR SEAL
294776vl NKE SHl55-172
Patricia Cates
James Cates
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 2006, by Patricia Cates and James Cates, wife and husband, Grantors.
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
294776vl NKE SH155-172
Exhibit A
LEGAL DESCRIPTION
All that part of Government Lot Six (6), and the Southeast Quarter ofthe Northeast Quarter (SE
Y4 ofNE Y4) of Section Six (6), Township One Hundred Fifteen (115), Range Twenty Two (22),
described as follows: Commencing at a point on the West line of said Government Lot 6, and
Southeast Quarter of Northeast Quarter, where the North line of the right of way of the Chicago,
St. Paul, Minneapolis and Omaha Railroad Company crosses saidW est line; thence North
seventeen (17) rods thirteen (13) feet; thence Northeasterly six (6) rods seven and one half (7:-
1/2) feet parallel with said Railway right of way; thence South seventeen (17) rods thirteen (13)
feet to a point on said Northwesterly right of way line, distant eight (8) rods easterly of the
westerly boundary of said East half of the Northeast Quarter (E1/2 ofNE Y4) of Section Six (6);
thence Southwesterly along said northwesterly right of way line to the point of beginning.
AND
That part of Government Lot 5 and the Southwest Quarter ofthe Northeast Quarter (SW Y4 ofNE
Y4) of Section 6, Township 115 North, Range 22 West, Scott County, Minnesota described as
follows: Commencing at the intersection of the East line of said Government Lot 5 with the
southerly right of way line of State Highway No. 101; thence southwesterly along the said right
of way line a distance of 215.5 feet; thence deflecting at an angle of79004' to the left a distance
of 145.3 feet; thence deflecting at an angle of 4016' to the left a distance of 125.15 feet to a point
on the northerly right of way ofthe Chicago, St. Paul, Minneapolis and Omaha Railroad; thence
Northeasterly along said right of way to the East line of the West one-half of the Northeast
Quarter (W ~ ofNE Y4); thence Northerly along said East line to the point of beginning.
294776vl NKESH155-172