HomeMy WebLinkAbout15.C.2. Xcel Energy Easements for their Gas Pipeline in the City of Shakopee
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CITY OF SHAKOPEE
Memorandum COr~SENT
TO: Mayor & City Council
Mark McNeill, City Administrator .:.-........
FROM: Bruce Loney, Public Works Director
SUBJECT: Approval of Xce1 Energy Easements for their
Gas Pipeline in the City of Shakopee
DATE: December 21, 2004
INTRODUCTION:
Attached are four easement documents that have been prepared by Xcel Energy for
easements that are on properties that are owned by the City of Shakopee for their gas
pipeline to their peaking plant in the City of Shakopee.
BACKGROUND:
Xcel Energy has received permits and approval to expand their Blue Lake power plant in
Shakopee to add two 160-megawatt natural gas fuel combustion ,turbine electric
generators within the existing plant property. This proposal also requires an eleven-mile
long natural gas pipeline to supply fuel to the new generator. Xcel Energy has proceeded
in filing for condemnation on easements that are needed for the installation of the gas
pipeline and there are four parcels which the City of Shakopee owns in which easements
are required by Xcel Energy. The pipeline easements are attached for execution by the
City, once approved by the City Council. Also attached is a summary sheet of the gas
easement payments being proposed by Xcel Energy that staff feels is an acceptable offer
for these easements, after review by another appraiser's review on behalf of the City.
The offer for these easements by Xcel Energy is $46,000.00. The purpose of this agenda
item is to accept the offer by Xcel Energy for the four easements needed on City property
and authorize the appropriate City officials to grant the easements on behalf of the City of
Shakopee.
ALTERNATIVES:
1. Approve a motion authorizing the appropriate City officials to execute the
pipeline easements for Parcel 35, Parcel 50, Parcel 51 and Parcel 52, as shown on
MnlDOT right-of-way plats with a $46,000.00 payment by Xcel energy to the
City.
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2. Do not accept Xcel Energy's offer for the four easements on City property and do
not execute the pipeline easements at this time.
3. Table for additional information.
RECOMMENDATION:
Staff would recommend Alternative No.1, as the easements are necessary for XceI
Energy to install the gas pipeline to their new power plant improvements andthe offer for
right-of-way easements is an acceptable offer, per City staff and City Attorney.
ACTION REQUESTED:
Approve a motion authorizing the appropriate City officials to execute the pipeline
easements for Parcel 35, Parcel 50, Parcel 51 and Parcel 52, as ~hown on Mn/DOTright-
of-way plats with a $46,000.00 paymentby Xcel Energy to the City.
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December 7,2004
evergreen
Bruce Loney, P.E. LAND
Public Works Director/City Engineer SERVICES
City of Shakopee COMPANY
129 Holmes Street South
Shakopee, MN 55379 Acquisition and
Relocation Specialists
RE: Appraisal Review for Xcel Proposed Pipeline Acquisition
Parcels 50, 51, 52, and 35
Dear Mr. Loney;
I have reviewed the pages from the Patchin Messner & Dodd valuation summaries 4131 Old Sibley
that you faxed me (pages 11 and 12 of the valuation of parcels 50, 51, and 52 and
pages 11, 12, and 13 for the valuation of parcel 35). Memorial Highway
Suite 201
Eagan. MN 55122
Valuation of Parcels 50, 51, and 52: Upon review of the valuation of parcels 50,
51, and 52 it appears that the valuations are reasonable. From the drawing that 651-882-0200
was faxed I had concern that the proposed Xcel pipeline was severing the parcels,
thus making them unbuildable. However, as I examined the parcels using theScott 888-411-1l34,
County website, I learned that the proposed pipeline is parallel and adjacent to the Fax: 651-882-6564
south lot line which is assumed to be the north right of way line of Highway 169.
Since the proposed Xcel pipeline easement is against the south lot line of these
parcels, the severance issue is not as great a concern.
The appraisers utilized a value of $ 2.80 per square foot for the property. Based on
the comparable sales in our office files, this appears to be a reasonable amount.
The appraiser's reasoning for value in the after situation also appears to be
reasonable. The appraiser utilized a 30% reduction in value (from $ 2.80/sf in the
before situation to $ 1.96/sf in the after situation) for the land within the proposed
pipeline easement which resulted in compensation as follows:
30,568 sf within easement @ $ 0.84/sf = $ 25,677 rounded to $ 26,000
Of the 30,568 sf of land within the proposed pipeline easement, 24,454 sf are within
either the other gas pipeline easement or within zoning setbacks. Only 6,114 sf is
unencumbered and buildable in the before situation. Thus another way to look at
the compensation is as follows:
6,114 sf@ $ 2.80/sf = $17,119 (100% loss in value due to the acquisition)
24,454 sf@ $ 0.36/sf = $ 8,881 (13% loss in value due to the acquisition)
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Valuation of Parcel 35: Upon review of the valuation of parcel 35, the compensation of $19,000
appears reasonable. since from our conversation, the parcel is understood to be a drainage
pond and thus unbuildable in both before and after situations. The compensation for this
acquisition. is summarized as follows:
2.68 acres @ $ 7,000/acre loss in value due to the proposed pipeline acquisition
Please call me at 651-882-0200 if you have any questions.
Sincerely,
l- et0 !l:::. fj1fC'&1
Douglas K. Johnson, SRlWA
Evergreen Land Services
I
Bruce Loney
From: Johnson, Scott D [scott.d.johnson@xcelenergy.com]
Sent: Thursday, December 16, 2004 8:38 AM
To: bloney@cLshakopee.mn.us
Subject: FW: Offers on Parcels 35,50, 51, 52,
Scott Johnson
(612)330-6078
> -----Original Message-----
> From: Johnson, Scott D
> Sent: Thursday, December 16, 2004 7:59 AM
> To: 'loney@CIshakopee.mn.us.com'
> Subject: FW: Offers on Parcels 35,50, 51, 52,
>
>
>
>
> Bruce, Xcel offer for parcel 35 is $19,000. On Parcels 50, 51, 52 the offer is $27,000.
These amounts have been deposited in Court when we were granted possession of the
necessary easement rights through condemnation. If you have any other questions, please
give me a call.
>
> Thanks
>
>
> Scott Johnson
> (612)330-6078
>
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11/10/2004 13:52 9913526835721 FISHER
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20463-50,51,52 11
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AFTER VALUE
Sales Comparison Approach To Value
The land area valued in the after condition has an estimated size of 6.19 acres, or
269,636 SF. Of this 269,636 SF, there is a proposed underground pipeline easement of
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30,568 SF. Subtracting this area results in an.unaffected land area .of 239,068 SF. Thus,
the value ofthe unaffected land area can be estimated as follows:
239,068 SF x $2.80 per SF = . $669,390
Approximately 14% of the taking area lies within an existing Northern Natural Gas
easement, and approximately 20% of the taking area lies outside of set-back areas as
defined by zoning. The remaining 66% of the taking area lies within set-back areas as
defined by zoning. Although the proposed pipeline will prohibit the construction of
permanent structures .within the easement area, a total of approximately 80% of the
proposed easement could not be built upon to begin with due to required set-back areas
and the existing Northern Natural Gas easement. In addition, there appear to be utility
, easements encumbering other portions of the subject property, although the exact
location of these easement,s has not been depicted on the parcel map prOVided by Xcel
Energy.
Given the above, only a fraction of the subject's use or benefit of ownership should be
recognized as being taken due to the encumbrance of the gas pipeline. It is our opinion
tnat the fee value of the land affected by the gas pipeline (30,56B SF) will be reduced in
value by 30 percent. Therefore, this area is estimated to have a contributory value of
$1.96 per SF.
The following value is indicated for the subject property in the after condition:
Unaffected Land:
239,068 SF x $2.80 per SF :I $669,390
Land Further Encumbered By
Proposed Pipeline Easement .$ 59.913
30,568 SF x $1.96 per SF ...
Indicated Market Value of Subject land: $729,303
Rounded To: $729,000
PATCRlN MESSNER & Doon
Valuallon counselors
11/10/2004 13: 52 9913526835721 FISHER PAGE 03
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20463~SO,51 ,52 12
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ESTIMATE OF DAMAGES
Total damages are estimated as follows:
Land Value Before The Taking $755,000
; .. Land Value After The Taking $729,QOO
Direct Taking and Severance $ 26,000
Damages to the land .
fiNAL SUMMATION
The appraisers' preliminary opinion of damages to the subject property, as of October
22, 2004, is presented as follows:
Land Value Before The Taking $755,000
Land Value After The Taking ~729,OOO
Direct Taking and Severance
, Damages to the land $ 26,000
Indicated Total Just Compensation $ 26,000
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PA'I'CHlN MJ1.SSNER & DOll1)
ValUQ\lon Counselor;
11/16/2664 13:52 9913526835721 FISHER
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PAGE 64
~ft-e I 35'
20463-35 11
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AFTER VALUE
Highest And Best Use
Same as in the Before Condition.
, Exposure and Marketinlt Time
Same as in the Before Condition.
Appraisal Procedures And TechniClues
As in the before valuation, the subject land wll\ be valued utilizing the Sales Comparison
Approach to value.
Sales Comparison Aporoach To Value
It was our opinion that the fee value of the land severed by and encumbered with the
existing transmission line easement was reduced in. value by 70 percent in t~e before
condition. After applying an additional assemblage discount of 60% to the before value,
the resulting per unit value in the before condition was $21,000 per acre ($241,000 -l-
11.45 acres).
The land area valued in the after condition has an estimated size of 11.45 acres. Of this
11.45 acres, approximately 2.68 acres is proposed to be further encumbered with a gas
pipeline easement. Subtracting this 2.68 acres results in an unaffected land area of 8.77
acres.
Thus, the value of the unaffected land area can be estimated as follows:
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8.77 Acres x $21,000 per Acre = $184,170
Although the proposed pipeline will prohibit the construction of permanent structures
within the easement area, the subject property was considered undevelopable in the
before condition. As. a resultl only a fraction of its use or benefit of ownership should be
recognized as being taken due to the proposed pipeline easement.
P ATCHlN MESSNER. ..~ DODD
VBluatlon CDunsefofi
11/113/213134 13: 52 9913526835721 FISHER
" PAGE 135
20463-~ 12
AFTER VALUE ANALYSIS
,
Sales Comoarison Aooroach Tb Value
It i.s our opinion that the fee value of the land affected by the gas pipeline (2.68 acres) is
( reduced in value by an additional 10 percent, or by 80% from the unencumbered}
developable per unit value of $175/000 per acre. After applying an assemblage discount
of 60% to the before value} the resulting per unit value in the after condition is $14}OOO
per acre, after the taking.
The following value is indicated for the subject property in the after condition:
Unaffected land:
8.77 Acres x $21,000 per Acre "'" $184} 170
, Land Encumbered By Proposed
Pipeline Easement:
2.68 Acres x $14,000 per Acre = $ 37,520
Indicated Market Value of Subject Land: $221/690
, Rounded To:
$222,000
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, PATCHIN M:tSSNXR. & DODD
V~IUSUl)n Counlll11or::
11/10/2elel4 13:52 9913526835721 FISHER
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20463-35 13
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ESTIMATE OF DAMAGES
Total damages are estimated as follows:
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Land Value Before The Taking $241,000
{ Land Value After The Taking $222,000
Direct Taking and Severance $ 19,000
Damages to the Land
,
FINAL SUMMATION
The appraisers' preliminary opinion of damages to the subject property, as of October
22, 2004, is presented as follows:
Land Value Before The Taking $241,000
land Value After The Taking $222,000
( Direct Taking and Severance
Damages to the Land $ 19,000
Indicated Total Just Compensation $ 19,000
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PATCJnN MESSNER. & DODD
ValueUon counselolS
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PROVIDENCE POn'HE 1 ST ADON fT1
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PIPELINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That the undersigned hereinafter called "Grantor",
in consideration of the sum of One Dollar ($1.00) and other Good and Valuable Consideration to Grantor
in hand paid by Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy,
hereinafter called ''NSP'', the receipt and sufficiency whereof is hereby acknowledged, do hereby grant
unto NSP, its successors and assigns, the perpetual.. right, privilege and easement to construct, operate,
maintain, use, inspect, rebuild or remove gas pipelines with necessary and proper valves and other
appurtenances and devices used or useful in the operation, maintenance and use of said gas pipelines
over, under and through the following described lands situated in the County of Scott and State of
Minnesota, to wit:
All of Tract A described below:
Tract A. That part of the Northwest Quarter of the Northwest Quarter of Section 18 and the
South Half of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter of
Section 7, both in Township 115 North, Range 22 West, shown as Parcels 55 and 57B on
Minnesota Department of Transportation Right of Way Plats Numbered 70-4 and 70-5, as
the same are on file and of record in the office of the County Recorder in and, for Scott
County, Minnesota, described as follows: Commencing at Right of Way Boundary Corner
B23 as shown on said Plat 70-5; thence northwesterly on an azimuth of 300 degrees 34
minutes 32 seconds along the boundary of said plat for 206.82 feet to Right of Way
Boundary Corner B24 and the point of beginning of Tract A to be described; thence on an
azimuth of 261 degrees 48 minutes 19 seconds along the boundary of said Plats No. 70-5
and 70-4 for 2800.65 feet to Right of Way Boundary Corner B18 as shown on said Plat No.
70-4; thence on an azimuth of 260 degrees 34 minutes 39 seconds along the boundary of
said plat for 230.80 feet to Right of Way Boundary Corner B19; thence on an azimuth of
261 degrees 32 minutes 46 seconds along the boundary of said plat for 437.77 feet to Right
of Way Boundary Corner B20; thence on an azimuth of 00 degrees 36 minutes 54 seconds
for 202.53 feet; thence on an azimuth of 81 degrees 32 minutes 46 seconds for 404.16 feet;
thence on an azimuth of 80 degrees 34 minutes 39 seconds for 231.25 feet; thence on an
azimuth of 81 degrees 48 minutes 19 seconds for 2118.78 feet; thence on an azimuth of 94
*********************************************************************************************
Xeel File No. (R-T-S) 22W. 115N. 7 Name: City of Shako pee
Parcel No. 35
Line No. Blue Lake Gas Pipeline Mortgage:
Page 1 of3
degrees 04 minutes 51 seconds for 711.01 feet; thence on an azimuth of 184 degrees 13
minutes 17 seconds for 50.00 feet to the point of beginning.: hereinafter call "Premises"
Said easement shall be limited to a 50 foot wide strip of land being 25 feet on each side of
the following described centerline and sideline extensions thereof:
Commencing at the Southwest corner of the Southwest Quarter of Section 7, Township 115
Range 22; thence North 00 degrees 24 minutes 07 seconds East (assumed bearing) along the
. west line of said Southwest Quarter of Section 7 a distance of 61.14 feet; thence North 81
degrees 59 minutes 33 seconds East a distance of 113.17 feet to the point of beginning of
the centerline to be described; thence continuing North 81 degrees 59 minutes 33 seconds
East a distance of 1954.53 feet; thence South 75 degrees 51 minutes 27 seconds East a
distance of382.19 feet to the south line of the above described property and there centerline
terminating.: hereinafter called "Easement Area"
The rights granted herein may be exercised at any time subsequent to the execution of this
document.
The Grant of Easement herein contained shall include the right to enter upon the Premises of
Grantor to survey for and'locate said gas pipelines and shall include the right to remove from said
Easement Area any structures, trees or objects, except fences, streets, curbs, parking and gutters, and
landscaping (hereinafter called "Improvements"), which in the opinion of NSP will interfere with
construction and maintenance of said gas pipelines.
The Grant of Easement herein contained shall include the right ofNSP to have reasonable access
to Easement Area across the Premises of Grantor adj acent thereto and the temporary use of the Premises
adjacent to the Easement Area during construction and maintenance of the gas pipelines.
The Grant herein contained shall also include the right of NSP to erect, at any time prior to or
after the construction of the said gas pipelines, reasonable signs for the purpose of monumenting the
location of the pipelines. The Grant herein contained shall also include the right of NSP from time to
time to reconstruct or relocate said gas pipelines, valves and appurtenances, with changed dimensions,
within the Easement Area.
Grantor agrees not to perform any act that will interfere with or endanger said gas pipelines.
Grantor reserves the right to cultivate, use and occupy the Easement Area except that; Grantor shall not
erect any structures or other objects, permanent or temporary thereon. Grantor also reserves the right to
dedicate and have or permit to be improved, maintained, and used for the purpose of Improvements, the
portion of the Easement Area not occupied by said gas pipelines, on the condition that said Improvement
do not alter the existing ground elevations, nor do they impair the structural integrity of said gas
pipelines. Before installation of the above-mentioned Improvements, Grantor shall contact NSP for the
purpose of locating said gas pipelines and to obtain prior written approval to install the Improvements
within the Easement Area.
NSP shall pay for all the damages to landscaping, roads and driveways, fences, livestock, crops
and fields caused by the construction or maintenance of said gas pipelines. Claims on account of such
damages may be referred t() NSP's, nlean~$t office.
Page 2 of 3
The rights herein granted are subject to existing rights of way heretofore granted and recorded
across any part of the lands affected by this easement.
Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above
described premises and has the right to sell and convey an easement in the manner and form aforesaid.
The provisions hereof shall inure to the benefit.' of and bind the successor and assigns of the
respective parties hereto and all covenants shall apply and run with the land.
Grantor agrees to execute and deliver to NSP without additional compensation the additional
documents I,leeded to correct the legal description of the Easement Area to conform to the right of way
actually occupied by the pipelines.
It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms hereof.
This instrument is exempt from the Documentary Tax of the State of Minnesota.
This instrument was drafted by Northern States Power Company, 414 Nicollet Mall,
Minneapolis, Minnesota.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of
the _ day of , 2004.
City Of Shakopee
Name:
Name:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledge before me this day of
2004, by of City Of Shakopee a
corporation, on behalf of the corporation.
Notary Public
Return to: Xce1 Energy
Siting & Land Rights Dept.
4l4Nicollet Mall, GO-7
Minneapolis, MN 55401
Page 3 of 3
PIPELINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That the undersigned hereinafter called "Grantor",
in consideration of the sum of One Dollar ($1.00) and other Good and Valuable Consideration to Grantor
in hand paid by Northern States Power Company, a Minnesota Corporation, d/b/a Xce1 Energy,
hereinafter called "NSP", the receipt and sufficiency whereof is hereby acknowledged, do hereby grant
unto NSP, its successors and assigns, the perpetual right, privilege and easement to construct, operate,
maintain, use, inspect, rebuild or remove gas pipelines with necessary and proper valves and other
appurtenances and devices used or useful in the operation, maintenance and use of said gas pipelines
over, under and through the following described lands situated. in the County of Scott and State of
Minnesota, to wit:
That part of the Northwest Quarter of the Southwest Quarter of Section 9, Township 115
North, Range 22 West, shown as Parcel 66 on Minnesota Department of Transportation
Right of Way Plat Numbered 70-19 as the same is on file and of record in the office of the
County Recorder in and for Scott County, Minnesota.
which lies northerly of Line 1 described below:
Linel. Commencing at Right of Way Boundary Comer B2 as shown on said Plat No. 70-
19; thence northeasterly on an azimuth of 29 degrees 46 minutes 05 seconds along the
boundary of said plat for 100 feet to the point of beginning of Line 1 to be described; thence
on an azimuth of 119 degrees 46 minutes 05 seconds, 334.13 feet; thence on an azimuth of
75 degrees 20 minutes 13 seconds, 752.2 feet to Right of Way Boundary Corner B117 on
said plat and there terminating;
Subject to the following restrictions and reservations:
No access shall be permitted to Trunk Highway No. 187 renumbered 101 from the lands
herein conveyed; except that access shall be permitted along the following described line:
Beginning at the point of beginning of Line 1 described above; thence run southeasterly
along said Line 1 for 334.13 feet and there terminating;
*********************************************************************************************
Xcel File No. (R-T-S) 22W. 115N. 9 Name: City of Shako pee
Parcel No. 50
Line No. Blue Lake Gas Pipeline Mortgage:
Page 1 of4
The State of Minnesota reserves a drainage easement in perpetuity on the following
described strips:
A strip being that part of the lands herein conveyed, which lies within a distance of 25 feet
northeasterly of the following described line: Beginning at a point on Line 1 described
above, distant 180.13 feet southeasterly of its point of beginning; thence run southeasterly
on said Line 1 for 20 feet and there terminating.
A strip being that part of the lands, herein conveyed, which lies within a distance of 20 feet
northwesterly of the following described line: Beginning at a point on Line 1 described
above, distant 563.13 feet easterly of its point of beginning; thence run northeasterly on said
Line 1 for 20 feet and there terminating.: hereinafter call "Premises"
Said easement shall be limited to a 50 foot wide strip of land being 25 feet on each side of
the following described centerline and sideline extensions thereof:
Commencing at the Northwest corner of the Southwest Quarter of Section 9, Township 115
Range 22; thence 'South 00 degrees 23 minutes 00 seconds East (assumed bearing) along the
west line of said Southwest Quarter of Section 9, a distance of 1035.21 feet; thence North
57 degrees 22 minutes 42 seconds East a distance of 282.85 feet; thence North 35 degrees
21 minutes 16 seconds East a distance of 559.40 feet to the point of beginning of the
centerline to be described; thence North 75 degrees 46 minutes 46 seconds East a distance
of 184.04 feet to the east line of the above described property and there centerline
terminating.: hereinafter called "Easement Area"
The rights granted herein may be exercised at any time subsequent to the execution of this
document.
The Grant of Easement herein contained shall include the right to enter upon the Premises of
Grantor to survey for and locate said gas pipelines and shall include the right to remove from said
Easement Area any structures, trees or objects, except fences, streets, curbs, parking and gutters, and
landscaping (hereinafter called "Improvements"), which in the opinion of NSP will interfere with
construction and maintenance of said gas pipelines.
The Grant of Easement herein contained shall include the right ofNSP to have reasonable access
to Easement Area across the Premises of Grantor adj acent thereto and the temporary use of the Premises
adjacent to the Easement Area during construction and maintenance of the gas pipelines.
The Grant herein contained shall also include the right of NSP to erect, at any time prior to or
after the construction of the said gas pipelines, reasonable signs for the purpose of monumenting the
location of the pipelines. The Grant herein contained shall also include the right of NSP from time to
time to reconstruct or relocate said gas pipelines, valves and appurtenances, with changed dimensions,
within the Easement Area.
Grantor agrees not to perform any act that will interfere with or endanger said gas pipelines.
Grantor reserves the right to cultivate, use and occupy the Easement Area except that; Grantor shall not
erect any structures or other objects, permanent or temporary thereon. Grantor also reserves the right to
dedicate and have or permit to be improved, maintained, and used for the purpose of Improvements, the
Page 2 of4
portion of the Easement Area not occupied by said gas pipelines, on the condition that said Improvement
do not alter the existing ground elevations, nor do they impair the structural integrity of said gas
pipelines. Before installation of the above-mentioned Improvements, Grantor shall contact NSPfor the
purpose of locating said gas pipelines and to obtain prior written approval to install the Improvements
within the Easement Area.
NSP shall pay for all the damages to landscaping, roads and driveways, fences, livestock, crops
and fields caused by the construction or maintenance of said gas pipelines. Claims on account of such
damages may be referred to NSP's nearest office.
The rights herein granted are subject to existing rights of way heretofore granted and recorded
across any part of the lands affected by this easement.
Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above
described premises and has the right to sell and convey an easement in the manner and form aforesaid.
The provisions hereof shall inure to. the benefit of and bind the successor and assigns of the
respective parties hereto and all covenants shall apply and run with the land.
Grantor agrees to execute and deliver to NSP without additional compensation the additional
documents needed to correct the legal description of the Easement Area to conform to the right of way
actually occupied by the pipelines.
It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms hereof.
This instrument is exempt from the Documentary Tax of the State of Minnesota.
This instrument was drafted by Northern States Power Company, 414 Nicollet Mall,
Minneapolis, Minnesota.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of
the_ day of ,2004.
City Of Shakopee
Name:
Name:
Page 3 of4
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledge before me this day of
2004, by of City Of Shakopee a
corporation, on behalf of the corporation.
Notary Public
Return to: Xce1 Energy
Siting & Land Rights Dept.
414 Nicollet Mall, GO-7
Minneapolis, MN 55401
Page 4 of4
.
PIPELINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That the undersigned hereinafter called "Grantor",
in consideration of the sum of One Dollar ($1.00) and other Good and Valuable Consideration to Grantor
in hand paid by Northern States Power Company, a Minnesqta Corporation, d/b/a Xce1 Energy,
hereinafter called "NSP", the receipt and sufficiency whereof is hereby acknowledged, do hereby grant
unto NSP, its successors and assigns, the perpetual right, privilege and easement to construct, operate,
maintain, use, inspect, rebuild or remove gas pipelines with necessary and proper valves and other
appurtenances and devices used or useful in the operation, maintenance and. use of said gas pipelines
over, under and through the following described lands situated in the County of Scott and State of
Minnesota, to wit:
Lot 1, Block 1, DCCO 1st Addition, according to the plat thereof on file and of record in
the office of the County Recorder in and for Scott County, Minnesota;
which lies northerly of Line 1 described below:
Line 1. Commencing at Right of Way Boundary Corner B2 as shown on said Plat No. 70-
19; thence northeasterly on an azimuth of 29 degrees 46 minutes 05 seconds along the
boundary of said plat for 100 feet to the point of beginning of Line 1 to be described; thence
on an azimuth of 119 degrees 46 minutes 05 seconds, 334.13 feet; thence on an azimuth of
75 degrees 20 minutes 13 seconds, 752.2 feetto Right of Way Boundary Comer B117 on
said plat and there terminating;
Subject to the following restrictions and reservations:
No access shall be permitted to Trunk Highway No. 187 renumbered 101 from the lands
herein conveyed; except that access shall be permitted along the following described line:
Beginning at the point of beginning of Line 1 described above; thence run southeasterly
along said Line 1 for 334.13 feet and there terminating;
The State of Minnesota reserves a drainage easement in perpetuity on the following
described strips:
*********************************************************************************************
Xcel File No. (R-T-S) 22W. 115N. 9 Name City of Shakopee
Parcel No. n
Line No. Blue Lake Gas Pipeline Mortgage:
Page I of4
A strip. being that part of the lands herein conveyed, which lies within a distance of 25 . feet
northeasterly of the following described line: Beginning at a point onLine 1 described
above, distant 180.13 feet southeasterly of its point of beginning; thence run southeasterly
on said Line 1 for 20 feet and there terminating.
A. strip being that part of the lands herein conveyed, which lies. within a distance of 20 feet
northwesterly of the following described line: Beginning at a point on Line 1 described
above, distant 563.13 feet easterly of its point of beginning; thence run northeasterly on said
Line 1 for 20 feet and there terminating.: hereinafter call "Premises"
Said easement shall be limited to a 50 foot wide strip of land being 25 feet on each side of
the following described centerline and sideline extensions thereof:
Commencing at the Northwest comer of the Southwest Quarter of Section 9, Township 115
Range 22; thence South 00 degrees 23 minutes 00 seconds East (assumed bearing) along the
west line of said Southwest Quarter of Section 9, a distance of 1035.21 feet; thence North
57 degrees 22 minutes 42 seconds East a distance of 282.85 feet; thence North 35 degrees
21 minutes 16 seconds East a distance of 559.40 feet; thence North 75 degrees 46 minutes
46 seconds East a distance of 184.04 feet to the point of beginning of the centerline to. be
described; thence continuing North 75 degrees 46 minutes 46 seconds East a distance of
246.55 feet to the east line of the above described property and there centerline terminating.:
hereinafter called "Easement Area"
The rights granted herein may be exercised at any time subsequent to the execution of this
document.
The Grant of Easement herein contained shall include the right to enter upon the Premises of
Grantor to survey for and locate said gas pipelines and shall include the right to remove from said
Easement Area any structures, trees or objects, except fences, streets, curbs, parking and gutters, and
landscaping (hereinafter called "Improvements"), which in the opinion of NSP will interfere with
construction and maintenance of said gas pipelines.
The Grant of Easement herein contained shall include the right ofNSP to have reasonable access
to Easement Area across the Premises of Grantor adjacent thereto and the temporary use of the Premises
adjacent to the Easement Area during construction and maintenance of the gas pipelines.
The. Grant herein contained shall also include the right of NSP to erect, at any time prior to or
after the construction of the said gas pipelines, reasonable signs for the purpose of monumenting the
location of the pipelines. The Grant herein contained shall also include the right of NSP from time to
time to reconstruct or relocate said gas pipelines, valves and appurtenances, with changed dimensions,
within the Easement Area.
Grantor agrees not to perform any act that will interfere with or endanger said gas pipelines.
Grantor reserves the right to cultivate, use and occupy the Easement Area except that; Grantor shall not
erect any structures or other objects, permanent or temporary thereon. Grantor also reserves the right to
dedicate and have or permit to be improved, maintained, and used for the purpose of hnprovements, the
portion of the Easement Area not occupied by said gas pipelines, on the condition that said Improvement
do not alter the existing ground elevations, nor do they impair the structural integrity of said gas
pipelines. Before installation of the above-mentioned hnprovements, Grantor shall contact NSP for the
Page 2 of 4
purpose of locating said gas pipelines and to obtain prior written approval to install the Improvements
within the Easement Area.
NSP shall pay for all the damages to landscaping, roads. and driveways, fences, livestock, crops
and fields caused by the construction or maintenance of said gas pipelines. Claims on account of such
damages may be referred to NSP's nearest office.
The rights herein granted are subject to existing rights of way heretofore granted and recorded
across any part of the lands affected by this easement.
Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above
described premises and has the right to sell and convey an easement in the manner and form aforesaid.
The provisions hereof shall inure to the benefit of and bind the successor and assigns of the
respective parties hereto and all covenants shall apply and run with the land.
Grantor agrees to execute and deliver to NSP without additional compensation. the additional
documents needed to correct the legal description of the Easement Area to conform to the right of way
actually occupied by the pipelines.
It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms hereof.
This instrument is exempt from the Documentary Tax of the State of Minnesota.
This instrument was drafted by Northern States Power Company, 414 Nicollet Mall,
Minneapolis, Minnesota.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of
the _ day of ,2004.
City Of Shakopee
Name:
Name:
Page 3 of 4
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledge before me this day of
2004, by of City Of Shakopee a
corporation, on behalf of the corporation.
Notary Public
Return to: Xcel Energy
Siting & Land Rights Dept.
414 Nicollet Mall, GO-7
Minneapolis, MN 55401
Page 4 of 4
PIPELINE EASEMENT
KNOW ALL MEN BY THESE PRESENTS, That the undersigned hereinafter called "Grantor",
in consideration of the sum of One Dollar ($1.00) and other Good and Valuable Consideration to Grantor
in hand paid by Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy,
hereinafter called "NSP", the receipt and sufficiency whereof is hereby acknowledged, do hereby grant
unto NSP, its successors and assigns, the perpetual right, privilege and easement to construct, operate,
maintain, use, inspect, rebuild or remove gas pipelines with necessary and proper valves and other
appurtenances and devices used or useful in the operation, maintenance and use of said gas pipelines
over, under and through the following described lands situated in the County of Scott and State of
Minnesota, to wit:
That part of the Northwest Quarter of the Southwest Quarter of Section 9, Township 115
North, Range 22 West, shown. as Parcel.67 on Minnesota Department of Transportation
Right of Way Plat Numbered 70-8 as the same is on file and of record in the office of the
County Recorder in and for Scott County, Minnesota;
which lies northerly of Line 1 described below:
Line 1. Commencing at Right of Way Boundary Comer B2 as shown on said Plat No. 70-
19; thence northeasterly on an azimuth of 29 degrees 46 minutes 05 seconds along the
boundary of said plat for 100 feet to the point of beginning of Line 1 to be described; thence
on an azimuth-of 119 degrees 46 minutes 05 seconds, 334.13 feet; thence on an azimuth of
75 degrees 20 minutes 13 seconds, 752.2 feet to Right of Way Boundary Corner B117 on
said plat and there terminating;
"-
Subject to the following restrictions and reservations:
No access shall be permitted to Trunk Highway No. 187 renumbered 101 from the lands
herein conveyed; except that access shall be permitted along the following described line:
Beginning at the point of beginning of Line 1 described above; thence run southeasterly
along said Line 1 for 334.13 feet and there terminating;
*********************************************************************************************
Xcel File No. (R-T-S) 22W, 115N. 9 Name: City of Shakopee
Parcel No. 52
Line No. Blue Lake Gas Pipeline Mortgage:
Page 10f4
The State of Minnesota reserves a drainage easement in perpetuity on the following
described strips:
A strip being that part of the lands herein conveyed, which lies within a distance of 25 feet
northeasterly of the following described line: Beginning at a point on Line 1 described
above, distant 180.13 feet southeasterly of its point of beginning; thence run southeasterly
on said Line 1 for 20 feet and there terminating.
A strip being that part of the lands herein conveyed, which lies within a distance of 20 feet
northwesterly of the following described line: Beginning at a point on Line 1 described
above, distant 563.13 feet easterly of its point of beginning; thence run northeasterly on said
Line 1 for 20 feet and there terminating.: hereinafter call "Premises"
Said easement shall be limited to a 50 foot wide strip of land being 25 feet on each side of
the following described centerline and sideline extensions thereof:
Commencing at the Northwest corner of the Southwest Quarter of Section 9, Township 115
Range 22; thence South 00 degrees 23 minutes 00 seconds East (assumed bearing) along the
west line of said Southwest Quarter of Section 9, a distance of 1035.21 feet; thence North
57 degrees 22 minutes 42 seconds East a distance of 282.85 feet; thence North 35 degrees
21 minutes 16 seconds East a distance of 559.40 feet; thence North 75 degrees 46 minutes
46 seconds East a distance of 430.59 feet to the point of beginning of the centerline to be
described; thence continuing North 75 degrees 46 minutes 46 seconds East a distance of
72.45 feet; thence North 78 degrees 18 minutes 37 seconds East a distance of 266.90 feet to
the east line of the above described property and there centerline terminating.: hereinafter
called "Easement Area"
The rights granted herein may be exercised at any time subsequent to the execution of this
document.
The Grant of Easement herein contained shall include the right to enter upon the Premises of
Grantor to survey for and locate said gas pipelines and shall include the right to remove from said
Easement Area any structures, trees or objects, except fences, streets, curbs, parking and gutters, and
landscaping (hereinafter called "Improvements"), which in the opinion of NSP will interfere with
construction and maintenance of said gas pipelines.
The Grant of Easement herein contained shall include the right of NSP to have reasonable access
to Easement Area across the Premises of Grantor adjacent thereto and the temporary use of the Premises
adjacent to the Easement Area during construction and maintenance of the gas pipelines.
The Grant herein contained shall also include the right of NSP to erect, at any time prior to or
after the construction of the said. gas pipelines, reasonable signs for the purpose of monumenting the
location of the pipelines. The Grant herein contained shall also include the right of NSP from time to
time to reconstruct. or relocate said gas pipelines, valves and appurtenances, with changed dimensions,
within the Easement Area.
Grantor agrees not to perform any act that will interfere with or endanger said gas pipelines.
Grantor reserves the right to cultivate, use and occupy the Easement Area except that;. Grantor shall not
erect any structures or other objects, permanent or temporary thereon. Grantor also reserves the right to
Page 2 of 4
dedicate and have or permit to be improved, maintained, and used for the purpose of Improvements, the
portion of the Easement Area not occupied by said gas pipelines, on the condition that said hnprovement
do not alter the existing ground elevations, nor do they impair the structural integrity of said gas
pipelines. Before installation of the above-mentioned hnprovements,. Grantor shall contact NSP for the
purpose of locating said gas pipelines and to obtain prior written approval to install the hnprovements
within the Easement Area.
NSP shall pay for all the damages to landscaping, roads and driveways, fences, livestock, crops
and fields caused by the construction or maintenance of said gas. pipelines. Claims on account of such
damages may be referred to NSP's nearest office.
The rights herein granted are subject to existing rights of way heretofore granted and recorded
across any part of the lands affected by this easement.
Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above
described premises and has the right to sell and convey an easementin the manner and form aforesaid.
The provisions hereof shall inure to the benefit of and bind the successor and assigns of the
respective parties hereto and all covenants shall apply and run with the land.
Grantor agrees to execute and deliver to NSP without additional compensation the additional
documents needed to correct the legal description of the Easement Area to conform to the right of way
actually occupied by the pipelines.
It is mutually understood and agreed that this instrument covers all the agreements and
stipulations between the parties and that no representation or statements, verbal or written, have been
made modifying, adding to or changing the terms hereof.
This instrument is exempt from the Documentary Tax of the State of Minnesota.
This instrument was drafted by Northern States Power Company, 414 Nicollet Mall,
Minneapolis, Minnesota.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of
the _ day of ,2004.
City Of Shakopee
Name:
Name:
Page 3 of4
STATE OF )
) SS.
COUNTY OF )
The foregoing instrument was acknowledge before me this day of
2004, by of City Of Shakopee a
corporation, on behalf of the corporation.
Notary Public
Return to: Xce1 Energy
Siting & Land Rights Dept.
414 Nicollet Mall, GO-7
Minneapolis, MN 55401
Page 4 of 4