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Home My WebLink About5.C.2. Authorize Execution of a Drainage Easement Agreement with CertainTeed s: c. " · CITY OF SHAKOPEE Memorandum CONSfr~T TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorize the Execution of a Drainage Easement Agreement between CertainTeed Corporation and the City of Shakopee DATE: May 4,2010 INTRODUCTION: Attached is an easement agreement between CertainTeed Corporation and the City of Shakopee that needs to be executed by the City of Shakopee in order to be recorded. Associated with the CertainTeed expansion, one of the items that was agreed upon with CertainTeed Corporation and the City of Shakopee was to provide an easement agreement for stormwater to transverse through their property. Attached to this memo is the easement agreement which grants the City rights to allow drainage from areas outside of CertainTeed to transverse through their property in their drainage system and into the C.R. 101 drainage system, and ultimately into a drainage system to the Minnesota River. This agreement has been executed by CertainTeed Corporation and now needs to be executed by the appropriate City officials in order to be recorded to the County. AL TERNA TIVES: 1. Authorize the appropriate City officials to execute the easement agreement between CertainTeed Corporation and the City of Shako pee. 2. Do not authorize the execution of this easement agreement. 3. Table for additional information. RECOMMENDATION: Staff would recommend Alternative No.1. ACTION REOUESTED: Authorize the appropriate City officials to execute the easement agreement between CertainTeed Corporation and the City of Shakopee. ~o~ Public Works DI ector ENGR/2010-PROJECTS/2010-COUNCILICERTAINTEED-EASEMENT Kennedy Offices in 470 U.S. Bank Plaza 200 South Sixth Sneet Minneapolis Minneapolis, MN 55402 .. Saint Paul (612) 337-9300 telephone . (612) 337-9310 fax . St. Cloud www.kennedy-graven.com C H ART ERE D Affirmative Action, Equal Opportunity Employer JAMES J. THOMSON Attorney at Law Direct Dial (612) 337-9209 Email: jthomson@kennedy-graven.com April 15,2010 Bruce Loney City of Shakopee 129 South Holmes Street Shakopee,MN 55379 RE: Easement between CertainTeed Corporation and City of Shakopee Dear Bruce: Per my email to you today, enclosed please find the original Easement for the above matter. Please take care of having the City sign (page 3) along with having the document notarized (page 4). Additionally, please record the Easement with Scott County and return the original recorded Easement to me. I will then forward it to Saint -Gobain Corporation (CertainTeed) for their file. Please feel free to contact me if you have any questions. Sincerely, a~ - _.~.,. s J. Thomson JJT / cr Enclosure 367204vl JJT SH155-23 EASEMENT THIS INSTRUMENT is made by CERTAINTEED CORPORATION, a corporation organized under the laws of the State of Delaware, Grantor, in favor of the CITY OF SHAKOPEE, a Minnesota municipal corporation, Grantee. Recitals A. Grantor is the fee owner of the following described property in Scott County, Minnesota (the "Property"): SEE EXHIBIT A FOR LEGAL DESCRIPTION B. Grantee has installed a storm sewer pipe (the "Pipe") within a portion of the Property. The approximate location of the Pipe is depicted on the attached Exhibit B, which starts at the westerly boundary line as depicted by a black bold line of the Grantor's Property and continues in a northeasterly direction to the point whereby the Pipe crosses CSAH 101. The Easement covers 30 feet on each side of the centerline of the Pipe as installed. C. Grantee has installed the Pipe and Grantor desires 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 Grantor, Grantor grants and conveys to the Grantee the following easement: A perpetual, non-exclusive easement for storm water drainage purposes over, under, across and through 30 feet on each side of the centerline of the Pipe as installed. The approximate location of the Pipe is depicted on the attached Exhibit B. 2. Scope of Easement. The perpetual storm water 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 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. Grantee shall repair any damage to property of Grantor or pay any damages, which may be caused, to property of Grantor solely by Grantee's activity on, or use of, the land subject to this easement. At its sole cost and expense and promptly after completion of any work within the easement area, Grantee will restore the surface and subsurface condition of the easement area to an equal or better condition as existed prior to the Grantee's work. Grantor reserves the right to use the land subject to this easement provided such use shall not include any use that interferes with the exercise by Grantee of the rights granted hereby. 3. 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. 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. Indemnity. In further consideration for this easement the Grantee specifically agrees to indemnify, defend and save harmless the Grantor, its directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, costs, fines, expenses (including, but not limited to, reasonable attorneys fees), actions or causes of action, including, but not limited to, contamination of or other adverse affect on the environment and including claims of personal injury, death or damage to property caused by, incident to, connected with, resulting or arising from the activities of Grantee, its employees, contractors or agents on the property when exercising rights under this easement, except such claims as are caused by the negligence of Grantor or its employees, contractors or agents. Nothing in this paragraph is intended or shall be construed as a waiver of defenses and immunities available to the City under Minnesota. Statutes, Chapter 466 or other law. INTENTIONALL Y LEFT BLANK 2 6. Bindina Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this 22nd day of March, 2010. CERTAINTEED CORPORATION By: ~ Its: Vice President & General Manager - Roofing Products Group CITY OF SHAKOPEE CITY OF SHAKOPEE By: By: Its: Its: Gity Administrator Mayor CITY OF SHAKOPEE COMMONWEALTH OF PENNSYLVANIA By: Its: City Clerk COUNTY OF CHESTER The foregoing instrument was acknowledged before me this g-+h day of , 2010 by Guillaume Texier, a Vice President of CertainTeed Cor oration, a corporation organized under the laws of the State of Delaware, on behalf of the corporation, Grantor. ~~iJff-- a Public My commission expires i).L~ I) ;;r;J/..:2 NOTARY STAMP OR SEAL COMMONWEAL. TH OF PENNSYLVANIA NOTARIAL SEAL LINDA ~ORZ/LLO, Notary Public Tredyffi:/n Twp., Chester County THIS INSTRUMENT DRAFTED BY: My Commls,sIon Expires December 1, 2012 Kennedy & Graven, Chartered 200 South Sixth Street 470 Pillsbury Center Minneapolis, MN 55402 3 STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 2010, by John Schmitt, Mark McNeill and Judith S. Cox, the Mayor, City Administrator and City Clerk respectively, of the City of Shakopee, Minnesota, a municipal corporation, on behalf of the City. Notary Public 4 EXHIBIT A That part of the Northwest Quarter of Section 4, Township 115, Range 22, Scott County, Minnesota described as follows: Beginning at the southwest corner of said Northwest Quarter of said Section 4, said corner also being a point on the centerline of Old County Road No. 82; thence North 89 degrees 03 minutes 48 seconds East along said centerline of County Road No. 82 as now traveled a distance of 1475.00 feet to a point; thence North 2 degrees 11 minutes 58 seconds West parallel with the west line of said Northwest Quarter of Section 4, a distance of 492.00 feet to a point; thence South 89 degrees 03 minutes 48 seconds West parallel with the centerline ot Old County Road No. 82, a distance of 338.00 feet; thence North 2 degrees 11 minutes 58 seconds West parallel with said west line of the Northwest Quarter of Section 4, to a point on the southerly right-ot-way of the Chicago, St. Paul, Minneapolis and Omaha Railroad; thence North 74 degrees 54 minutes 47 seconds West along said southerly right-of-way of the Chicago, 51. Paul, Minneapolis and Omaha Railroad a distance of 1190.50 feet to a point on said west line of the Northwest Quarter at Section 4, thence South 2 degrees 11 minutes 58 seconds East along said west line of the Northwest Quarter of Section 4, a distance of 1438.30 feet to the point of beginning. EXCEPT THAT PART: Lying southerly of a line drawn parallel with and distant 40.00 feet northerly of the following described line A: Commencing at the southwest corner of the Northeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota; thence northerly along the west line of said Northeast Quarter a distance of 9.47 feet to the point of beginning of said line A; thence easterly a distance of 5,290 feet more or less along a line drawn from the point of beginning, through the east quarter corner of said Section 5, and extended easterly to the centerline of County Road No. 83, and there terminating. (CERTIFICATE OF TITLE No. 16646) AND That part of the Northeast Quarter of Section 5, Township 115, Range 22, Scott County, Minnesota, lying southerly of the southerly right-ot-way line of the Chicago, S1. Paul, Minneapolis and Omaha Railroad and lying easterly of the following described line: Beginning at a point on the south line of said Northeast Quarter of Section 5. said point being 572.50 feet westerly from the southeast corner of said Northeast Quarter of Section 5, as measured along said south line of the Northeast Quarter of Section 5; thence northerly parallel with the east line of said Section 5, to said southerly right-of-way line of the Chicago, St. Paul, Minneapolis and Omaha Railroad and there terminating. EXCEPT THAT PART: Lying southerly of a line drawn parallel with and distant 40.00 feet northerly of the following described line A: Commencing at the southwest corner of the Northeast Quarter of Section 5, Township 115. Range 22, Scott County. Minnesota; thence northerly along the west line of said Northeast Quarter a distance of 9.47 feet to the point of beginning of said line A; thence easterly a distance of 5,290 feet more or less along a line drawn from the point of beginning, through the east quarter corner of said Section 5, and extended easterly to the centerline of County Road No. 83, and there terminating. (CERTIFICATE OF TITLE NO. 16647) __._^,._~ .__'__ ___~_. .________.~_ ______.m__.__ _~__.______ __,_______...___'_ _ __._..._ I I \ ~ I I f l,' / /, ' &I , ". I:"~ / ' . / ' ' " / " " ~- ' , / j. M'- -... ' / j' ~f:' '?'~" t 11 ' . ....:".' > ... . /; ~- ,.."'" :" #. .{ ~ - - '--.,.,- " , > ~~. ,....';......- ~...... ,~!-;-- ~- UJ :~.p 'I ,., ~ .. .. i~i." J - ~. _ Cw z / ' .'Zi."'" .l; \-- ., ---- - E ....... - ;/ "'! ." " I 4t,. =-=---_ "" ..... i ,. "iJ'" - I MI. ;; UJ _ ~. ..s _ " '.. ,., - - . I t" :> Q. .I" .. . - I ,.' 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" , , ,,- ~ ""........1/~: ,.;~--~,. ..:. "-->:il''>:-. 1 .. ..:..:;iA. T 'f' .("",;l$..... - ~ I ..... \. a ..... I ::r: I I "<:( l' I C/) ,l! ~ : () 1'; I I ,.,t' I I " ~ : \ ~ . ~ ~~ ~ I ~/ir . " I __ I . ;- . "\ I I I I f. I I 11, I 1 ~ I I , I 1 .' i \ I f I 1 . I I I 1 , 1 1 1 I 1 , , ----->,,_ . \ -----. .~ f - ; l' a f \ -- ,.- -.. "', 'Ii' - I DAlE: t.CARCH 2010 SCALE ," _ 250' DRAWING NO, ~ CERTAIN TEED DRAWN g(: RTH ~ _ _ 25~ 11 SHAKOPEE DRAINAGE SYSTEM SHAKOPEE ENGINEERING DEPARTMENT - - 1 ~~- 1 1 I 1