HomeMy WebLinkAbout15.A.4. Schneider Easement Agreement
CITY OF SHAKO PEE /S;I/.y.
Memorandum
TO: Mayor & City Council CONSENT
Mark McNeill, City Administrator
FROM: Jeff Weyandt, Assistant City Engineer
SUBJECT: Schneider Easement Agreement
DATE: March 15, 2005
INTRODUCTION:
Attached is an easement agreement between Harold and Roberta Schneider and the City
of Shakopee for a utility easement on the property located at 3300 East Valley View
Road.
BACKGROUND:
As part of the Park Meadows improvements, Centex Homes extended sanitary sewer to
the Schneider property located at 3300 East Valley View Road. The sewer extended to
the Schneider property is a main line sewer and is owned by the City of Shakopee. As a
result Mr. And Mrs. Schneider are granting a utility easement to the City over the
proposed sewer extension. This sewer extension was planned as part of future Valley
View Road improvements and would have been assessed back to the Schneider property.
AL TERNATIVES:
1. Accept the easement agreement and authorize the appropriate City staff to execute
the agreement.
2. Reject the agreement.
3. Table for additional information.
RECOMMENDATION:
Staff recommends acceptance and execution of the agreement.
ACTION REQUESTED:
Accept the easement agreement and authorize the appropriate City staff to execute the
agreement.
Jeff Weyandt
Assistant City Engineer
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ENGR/EMPLOYEEFOLDER/PPENNINGTON/COUNCIUSCHNEIDER
UTILITY EASEMENT
This UTILITY EASEMENT AGREEMENT (the "Agreement") IS made as of
,2005, by and between by and between HAROLD SCHNEIDER AND ROBERTA
SCHNEIDER ("Grantor"), whose address is , Shakopee, Minnesota 55379,
and THE CITY OF SHAKOPEE, a Minnesota municipal corporation ("Grantee"), whose address is 129
South Holmes, Shakopee, Minnesota 55379.
RECITALS
A. Grantor is the owner of certain property located in Shakopee, Scott County, Minnesota as
described on the attached Exhibit "A" ("Grantor's Property").
B. Grantee desires, and Grantor has agreed to grant, upon the terms and conditions provided herein,
a permanent utility easement over and across the Grantor's Property.
AGREEMENT:
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor
and Grantee agree as follows:
1. Easement Grant. Grantor hereby declares, grants and dedicates to Grantee a perpetual, non-
exclusive easement in, over, under, upon, across and through that portion of the Grantor's
Property shown and described on Exhibit "B" attached hereto (the "Easement Area"), for the
purpose of constructing, installing, using, maintaining, repairing and replacing any and all utility
facilities, including but not limited to, lines, pipes, conduits, auxiliary or feeder service lines, lift
stations, manholes and other facilities, appliances, apparatus and structures necessary for the
purpose of establishing utility service (the "Utility Improvements"). The construction,
installation, maintenance and use of the Utility Improvements must be performed in compliance
with all applicable laws and related requirements of applicable governmental and regulatory
authorities, including, but not limited to, environmental laws and regulations.
2. Temporary Construction Easement. Grantor has granted to Centex Homes a Temporary
Construction Easement dated September 8, 2004 for the purpose of ingress, egress, storage of
equipment and stockpiling of dirt during the construction and installation of the Utility
Improvements.
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.
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3. Reservation by Grantor. Grantor hereby reserves the right to use the Easement Property for any
use that is not inconsistent with the full and complete enjoyment of the rights and easements
afforded Grantee as described in this Agreement.
4. Benefit. The covenants herein provided will be appurtenant to, imposed upon, for the benefit of,
binding upon and run with, the Easement Property, and will' be for the benefit of and biding upon
Grantor and the Grantee, and their respective successors and assigns.
5. Damages to Easement Property. Grantee will repair or replace, at its sole cost and expense, any
damages to the Easement Property or any improvements thereon caused by Grantee's
construction, use maintenance, reconstruction, repair or removal of the Utility Improvements.
Such obligation will require Grantee to return the Easement Property to substantially the same
condition as existed prior to such damage, with the exception that the Utility Improvements. will
thereafter be located on the Easement Property.
6. No Barriers. No person shall erect, install or maintain any barriers or other obstructions
restricting, limiting, interfering, or blocking the Easement Property and/or Utility Improvements
located on the Easement Property as provided for herein.
7. Maintenance. Grantee shall be responsible for the maintenance of the Utility Improvements.
8. Modification. This Agreement may not be modified or amended unless such modification or
amendment is signed by all the then owners of the Grantor's Property and by Grantee. No
agreement or consent of any other persons shall be necessary for any such modification or
amendment.
9. Breach. In the event either party hereto breaches or otherwise defaults under or with respect to
any of the terms and conditions of this Agreement, then such party shall be liable and responsible
for all losses, liabilities, costs and/or expenses, including without limitation, attorneys' fees and
the costs of enforcing the terms of this Agreement as may be awarded to the prevailing party by a
court of competent jurisdiction, and all other legal and equitable remedies, including, without
limitation, injunctive relief.
10. Governing Law. This Agreement will be governed by and construed in accordance with the laws
of the State of Minnesota.
11. Indemnification. Grantee shall defend, hold harmless and indemnify Grantor from and against
claims and losses incurred by Grantor which result from the acts and work performed by Grantee,
its agents, employees or designees within the Easement Property.
12. Authority. The undersigned persons executing this Agreement represent and certify that they are
duly authorized and fully empowered to execute and deliver this Agreement, have full power and
authority to create, declare and convey the easement described herein and that all necessary
action for the creation and declaration of this Agreement has been taken and done.
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EXECUTED as of the date and year first above written.
GRANTOR: GRANTEE:
CITY OF SHAKOPEE,
Harold Schneider a Minnesota municipal corporation
By:
Its:
Roberta Schneider
By:
Its:
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared Harold
Schneider by me known to be the person who executed of the foregoing Easement.
WITNESS my hand and Notorial Seal this day of ,2005.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared Roberta
Schneider by me known to be the person who executed ofthe foregoing Easement.
WITNESS my hand and Notarial Seal this day of ,2005.
Notary Public
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STATE OF MINNESOTA )
)88.
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared
, by me known and by me. known to be the of
the City of Shakopee, who acknowledged the execution of the foregoing Easement on behalf of said
corporation.
WITNESS my hand and Notarial Seal this day of ,2005.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared
, by me known and by me known to be the of
the City of Shakopee, who acknowledged the execution of the foregoing Easement on behalf of said
corporation.
WITNESS my hand and Notarial Seal this day of ,2005.
Notary Public
STATE OF MINNESOTA )
)S8.
COUNTY OF )
Before me, a Notary Public in and for said County and State, personally appeared
, by me known and by me known to be the of
the City of Shakopee, who acknowledged the execution of the foregoing Easement on behalf of said
corporation.
WITNESS my hand and Notarial Seal this day of ,2005.
Notary Public
This instrument prepared bv and after recording return to:
Centex Homes, Midwest Region
14850 Scenic Heights Road, Suite 125
Eden Prairie, Minnesota 55344
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EXHIBIT "A"
Legal Description of Grantor's Property
Southwest Half ofthe Northwest Quarter and the West Half
of the Northwest Quarter of the Northwest Quarter, Section
21, Township 115, Range 22, Scott County, Minnesota
\
Exhibit "A"
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