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HomeMy WebLinkAbout5.A.1. Declaration of Easement within Park Area of Riverside Bluffs DevelopmentCITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Jamie Polley, Parks, Recreation & Natural Resources Director Meeting Date: November 9, 2010 Subject: Recording of Declaration of Easement within Park Area of the Riverside Bluffs Development INTRODUCTION A Declaration of Easement for drainage and utility purposes is being established within the park area of the Riverside Bluffs Development. The proposed easement contains a watermain at this time. BACKGROUND AND DISCUSSION The water main located within the park land of the Riverside Bluffs development was moved during the development process in 2007 to avoid ground water. The relocation was approved by City Staff and the water main was installed. To date the easement has not been recorded. The establishment of a drainage and utility easement requires City Council approval since the drainage and utility easement was not part of the original plat approval. A copy of the declaration of easement and site location is attached for your reference. VISIONING RELATIONSHIP Goal F: Housekeeping REQUESTED ACTION If the Council concurs, authorize the recording of the Declaration of Easement located on park property within the Riverside Bluffs development and authorize the proper city officials to sign the easement. DECLARATION OF EASEMENT THIS DECLARATION OF EASEMENT (the "Declaration ") is made this day of , 2010, by the City of Shakopee, a municipal corporation under the laws of the State of Minnesota (the "Declarant "): Recitals A. Declarant is the fee owner of certain real estate (the "Property") in Scott County, Minnesota, legally described in attached Exhibit A. B. Declarant wishes to establish a "non - exclusive, permanent easement for drainage and utility purposes as hereinafter described in, over and across portions of the Property. Declaration Now, therefore, the Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easement, which shall inure to the benefit of the City of Shakopee: 1. Drainage and Utility Easement. The Property shall be subject to a non - exclusive, perpetual easement for drainage and utility purposes over, under and across the area legally described in attached Exhibit B and depicted on attached Exhibit C. 2. Scope of Easement Rights. The perpetual drainage and utility easement created herein includes the right of the City of Shakopee, its contractors, agents, employees and permitees 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 created herein also includes the right to cut, trim, or remove from the easement area trees, shrubs, or other vegetation as in the City of Shakopee's judgment unreasonably interfere with the easement or facilities of the City of Shakopee, its successors or assigns. 376369v1 SJS SH155 -23 1 3. Easement to Run with Land: No Merger. The easement created herein shall run with the land and be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. The Declarant intends that the easement created herein shall not merge in Declarant's title to the Property and that any future conveyance of the Property by Declarant shall be subject to this Declaration of Easement unless the instrument of conveyance expressly states an intention to terminate this Declaration of Easement. 4. Amendment; Modification; Termination. This Declaration may not be amended, modified or terminated without the consent of the City of Shakopee. 376369v1 SJS SH155 -23 CITY OF SHAKOPEE By: John Schmitt Its: Mayor By: Mark McNeill Its: City Administrator . By: Judith S. Cox Its: City Clerk STATE OF MINNESOTA COUNTY OF SCOTT The foregoing 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, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation, Declarant. THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 376369v1 SJS SH155 -23 ss. Notary Public EXHIBIT A Legal Description of the Property Outlot B, Riverside Bluffs First Addition, according to the recorded plat thereof, Scott County, Minnesota. 376369v1 SJS SHI55 -23 A 20.00 foot wide easement for drainage and utility purposes lying over, under and across Outlot B, Riverside Bluffs First Addition, according to the recorded plat thereof, Scott County, Minnesota, the centerline of said easement is described as follows: Commencing at the southwest comer of said Outlot B; thence North 26 degrees 15 minutes 14 seconds East (for purposes of this description the west line of said Outlot B is assumed to have a bearing of North 00 degrees 09 minutes 42 seconds West), a distance of 105.44 feet; thence North 77 degrees 59 minutes 35 seconds East, a distance of 12.74 feet, to the point of beginning of the centerline to be described; thence South 67 degrees 35 minutes 46 seconds East, a distance of 49.03 feet; thence South 86 degrees 56 minutes 58 seconds East, a distance of 185.65 feet; thence North 67 degrees 11 minutes 43 seconds East, a distance of 47.00 feet; thence South 44 degrees 08 minutes 10 seconds East, a distance of 27.12 feet and there terminating. 376369v1 SJS SH155 -23 EXHIBIT B Legal Description of the Easement Area - v. 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