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HomeMy WebLinkAbout15.B.1. Easement for Construction and Maintenance of a Boat Landing, Project No. 2003-2 IS. 6,/, CITY OF SHAKOPEE Memorandum TO: Mayor & City Council CONSENT Mark McNeill, City Administrator FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: Right-of-Way Easement for Construction and Maintenance of a Boat Landing on the Minnesota River DATE: July 6, 2004 INTRODUCTION: Attached is an easement agreement between the City of Shakopee and the United States Department of the Interior, Fish and Wildlife Service (USFWS) for construction and maintenance of a boat landing. This agenda item is for City Council to accept, approve and to authorize the appropriate City officials to execute the easement agreement with USFWS. BACKGROUND: The City has been working with Department of Natural Resources(DNR) and USFWS for over a year on plans to construct a boat landing on the Minnesota River across the river from the existing boat landing. The proposed boat landing is located on land owned by USFWS and therefore the City must acquire an easement prior to construction. USFWS will grant the City an easement, free of charge, provided the City maintains the boat landing. The City Attorney has reviewed the agreement and is not recommending any revisions. Staff would recommend City Council approve and authorize the execution of this agreement. ALTERNATIVES: 1. Authorize the appropriate City officials to execute an easement agreement, regarding the construction and maintenance of a boat landing, between the City of Shakopee and the USFWS. 2. Do not execute the easement agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.1. ACTION REQUESTED: Authorize the appropriate City officials to execute an easement agreement, regarding construction and maintenance of a boat landing, between the City of Shakopee and the USFWS. Jeff Weyandt Assistant City Engineer JW/pmp ENGRl2003PROJIMISC/2003BOATLANDINGIWORDIBOATLANDING United States Department of the Interior FISH AND WILDliFE SERVICE Bishop Henry Whipple Federal Building 1 Federal Drive Fort Snelling. MN 55111-4056 IN REPLY REFER TO: FWS/NWRS-RE - Minnesota June 15, 2004 Minnesota Valley NWR (M-l) City of Shako pee Mr. Jeff Weyandt, P.E. Assistant City Engineer City of Shakopee 129 S. Holmes Street Shakopee, Minnesota 55379-1351 Dear Mr. Weyandt: Enclosed for your signature is the right-of-way easement, in duplicate, authorizing the construction and maintenance of a boat landing on Minnesota Valley National Wildlife Refuge, Tract (168), in Scott County, Minnesota. No fee will be charged for this use. Please sign both of the easement documents and return them to this office in the envelope provided. We will then have our Regional Director sign the easements and return a fully executed original easement for your records. If you have any questions about the easement, please contact Claudia Wondra, Realty Specialist, at 612/713-5399. Sincerely, .~ l:)'JA.1''J/z,z-cIZ'i7f 'I {'Iv!. Patrick G. Carroll Senior Realty Officer Division of Realty Enclosures United States Department of the Interior FISH AND WILDUFE SERVICE Bishop Henry Whipple Federal Building 1 Federal Drive Fort Snelling. MN 55111-4056 IN REPLY REFER TO: FWS/NWRS-RE - Minnesota Minnesota Valley NWR (M -1) City of Shakopee RIGHT-OF-WAY EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF BOAT LANDING THE SECRETARY OF THE INTERIOR, through his authorized representative, the Regional Director, U.S. Fish and Wildlife Service, in accordance with applicable authorities, and in accordance with regulations published December 19, 1969, in 50 CFR 29.21, and the terms and conditions listed below, does hereby grant an easement to the City of Shakopee, herein referred to as the grantee, to use and occupy certain lands of Scott County, Minnesota, Minnesota Valley National Wildlife Refuge Tract (168) to construct and maintain a boat landing for a period of 50 years from the date this easement is executed by the Regional Director, or as long as the right-of- way is used for the purpose granted, commencing on the date signed by the Regional Director. The boat landing easement requested is on the southerly portion of tract (168) within the Minnesota Valley National Wildlife Refuge, and it affects approximately 6.87 acres. The said land, located in Scott County, Minnesota, is more particularly described as follows: Township One Hundred and Fifteen (115) North, Range Twenty-Three (23) West Fifth Principal Meridian: In section 1, all that part ofthe Northwest Quarter Northeast Quarter (NW~NE1f4) and Govt. Lot 2 lying Easterly of Trunk Highway No. 169 and Old Shakopee and Chaska Road (as they existed on January 15, 1979), the Northeasterly right-of-way line of said road being described as follows: Commencing at the North one quarter (~) corner of said Section 1; thence South 101.86 feet to the intersection with said Northeasterly right-of-way line, said intersection being the point of beginning; thence South 40030' East 619.74 feet; thence along a curve to the right with radius of 1482.40 feet to a distance of224.70 feet; thence South 40030' East 711.20 feet; thence along a curve to the right with a radius of 319.48 feet a distance of 143.77 feet; thence tangential 50 feet more or less to the edge of Minnesota River and there terminating. Said boat landing easement is described as that part ofthe above described tract which lies Southerly of the Northerly 810.00 feet, as highlighted on the attached Exhibit "A." SUBJECT to a road easement over said property, which easement is described as follows: A strip oflClnd l8 feet wide the center line of which is described as follows: Beginning at a point on the East line of the Northwest Quarter Northeast Quarter (NW1f4NE1f4) 75 feet North of the Southeast corner of said Northwest Quarter Northeast Quarter (NWY4NEY4); thence South 6r 53' West 290 feet more or less to the Easterly right-of- way line of the Old Shakopee and Chaska Road and there terminating; and, SUBJECT to a road right-of-way permit issued to the MilU1esota Department of Transportation from the U.S. Fish and Wildlife Service, dated April 22, 1992. By accepting this easement the grantee agrees to the following terms and conditions: (1) To comply with State and Federal laws applicable to the project within which the right of way is granted, and to the lands which are included in the easement area, and lawful existing regulations thereunder. (2) To clear and keep clear the lands within the easement area to the extent and in the malU1er directed by the Refuge Manager in charge; and to dispose of all vegetative and other material cut, uprooted, or otherwise accumulated during the construction and maintenance of the project in such a manner as to decrease the fire hazard and also in accordance with such instructions :;IS the Refuge Manager may specify. (3) To prevent the disturbance or removal of any public land survey monument or project boundary monument unless and until the grantee has requested and received fro.m the Regional Director approval of measures the grantee will take to perpetuate the location of aforesaid monument. (4) To take such soil and resource conservation and protection measures, including weed control on the land covered by the easement as the Refuge Manager in charge may request. (5) To do everything reasonable within his power, both independently and on request of any duly authorized representative ofthe United States, to prevent and suppress fires on or near lands to be occupied under the easement area, including making available such construction and maintenance forces as may be reasonably obtainable for the suppression of such fires. (6) To rebuild and repair such roads, fences, structures, and trails as may be destroyed or injured by construction work and, upon request by the Regional Director, to build and maintain necessary and suitable crossings for all roads and trails that intersect the works constructed, maintained, or operated under the right-of-way. (7) To pay the United States the full value for all damages to the lands or other property of the United States caused by him or his employees, contractors, or agents of the contractors, and to indemnify the United States against any liability for damages to life, person, or property arising from the occupancy or use of the lands under the easement, except where the easement is granted hereunder to a state or other governmental agency which has no legal power to assume such a liability with respect to damages caused by it to lands or property, such agency in lieu thereof agrees to repair all such damages. Where the easement involves lands which are under the exclusive jurisdiction of the United States, the holder or his employees, contractors, or agents of the contractors, shap P<:: liable t9 thinl parties for injuries incurred in c0lU1ection with the easement area. Grants of easements involving special hazards will impose liability without fault for injury and damage to the land and property of the United States up to a specified maximum 2 limit commensurate with the foreseeable risks or hazards presented. The amount of no-fault liability for each occurrence is hereby limited to no more than $1,000,000. (8) To notify promptly the Refuge Manager in charge of the amount of merchantable timber, if any, which will be cut, removed, or destroyed in the construction and maintenance of the project, and to pay the United States in advance of construction such sum of money as the Refuge Manager may determine to be the full stumpage value of the timber to be so cut, removed, or destroyed. (9) That all or any part of the easement granted may be suspended or terminated by the Regional Director for failure to comply with any or all terms and conditions of the grant, or for abandonment. A rebuttable presumption of abandonnient is raised by deliberate failure of the holder to use for any continuous two-year period the eas.ement for the purpose for which it was granted or renewed. In the event of noncompliance or abandonment, the Regional Director will notify in writing the holder of the easement of his intention to suspend or terminate such grant 60 days from the date of the notice, stating the reasons therefore, unless prior to that time the holder completes such corrective actions as are specified in the notice. The Regional Director may grant an extension of time within which to complete corrective actions when, in his judgment, extenuating circumstances not within the holder's control such as adverse weather conditions, disturbance to wildlife during breeding periods or periods of peak concentration, or other compelling reasons warrant. Should the holder of a right-of-way issued under authority of the Mineral Leasing Act, as amended, fail to take corrective action within the 60-day period, the Regional Director will provide for an administrative proceeding pursuant to 5 US.C. .554, prior to a final D.epartmental decision to suspend or terminate the easement. In the case of all other right-of-way holders, failure to take corrective action within the 60-day period will result in a determination by the Regional Director to suspend or terminate the easement. No administrative proceeding shall be required where the easement terminates under its terms. (10) To restore the land to its original condition to the satisfaction of the Regional Director so far as it is reasonably possible to do so upon revocation and/or termination ofthe easement, unless this requirement is waived in writing by the Regional Director. Termination also includes easements that terminate under the terms of the grant. (11) To keep the Refuge Manager informed at all times of his address, and, in case of corporations, ofthe address of its principal place of business and the names and addresses of its principal officers. (12) That in the construction, operation, and maintenance ofthe project, he shall not discriminate against any employee or applicant for employment because of race, creed, color, or national origin and shall require an identical provision to be included in all subcontracts. (13) That the grant of the easement shall be subject to the express condition that the exercise thereof will not unduly interfere with the management, administration, or disposal by the United States of the land affected thereby. The grantee agrees and consents to the occupancy and use by the United St~tel~, its gral1tee~, p~rmittees, or lessees of any part ofthe easement area not 3 actually occupied for the purpose of the granted rights to the extent that it does not interfere with the full and safe utilization thereof by the holder. The holder of an easement also agrees that authorized representatives of the United States shall have the right of access to the easement area for the purpose of making inspections and monitoring the construction, operation, and maintenance of facilities. (14) That the easement herein granted shall be subject to the express covenant that any! facility constructed thereon will be modified or adapted, if such is found by the Regional Director to be necessary, without liability or expense to the United States, so that such facility will not conflict with the use and occupancy of the land for any authorized works which may hereafter be constructed thereon under the authority of the United States. Any such modification will be planned and scheduled so as not to interfere unduly with or to have minimal effect upon continuity of energy and delivery requirements., (15) That the easement herein granted shall be for the specific use described and may not be construed to include the further right to authorize any other use within the easement area unless approved in writing by the Regional Director. (16) Grantee must comply with applicable State or Federal Occupational Safety and Health Administration requirements. (17) Grantee will be responsible for the routine and cyclic maintenance of all the facilities associated with the boat access including the parking lot, gates, fencing and access road. These facilities will be maintained to the standards specified by the Refuge Manager, or their designee. (18) This easement is subj ect to outstanding rights, if any, in third parties. IN WITNESS WHEREOF, I have hereunto set my hand this day of ,20 UNITED STATES DEPARTMENT OF THE INTERIOR U.S. Fish and Wildlife Service Regional Director 4 The above instrument, together with all conditions thereof, is hereby accepted this day of ,20 CITY OF SHAKOPEE BY: Signature Name, Title 5 ACKNOWLEDGEMENT STATE OF MINNESOTA ) ) SS COUNTY OF ) I, , a Notary Public in and for Minnesota, do hereby certify that , Regional Director, U.S. Fish and Wildlife Service, party toa certain right-of-way bearing the date of the day of , 20_, and annexed personally, appeared before me in said County, the said ., Regional Director, U.S. Fish and Wildlife Service, being personally well known to me as the person and officer who executed the said easement, and acknowledged the same to be his act and deed, for the purposes therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand this day of ,20 Notary Public State: (SEAL) My commission expires: 6 - - .- - ~~.~ - - 2C;3..rr Mf:<\S - - ~ -- ~ FaUNO .r elM STAMPED COUNTY PLS 1J/8./9 ~ NORTH UN/?: OF 1HE NY( 1/.f. OF THe N/?:.1/4 OF SfCTIctI 1. T 115. R .23 FOUND MONUMENT NW COR SEe I. T lIS, R 23 FOUNV 2 1/2. /P N/?: COR SEC /. T 115. R 23 N 1/.f. COR see I, T 115, IT 23 ~ ... '" ,.,Jbc ~ ~ ~~ ~~ ltll: "'u; ...::: i!:t-. '\-<-<v ~,., ...i$ 38 I ~~ \\~ ~l!s :i I <( ~<v l") C\I UNE: PARAI.LEL m1H AND O/STAN T 810' SOOTH OF !Xl .. ~~ NOR1H LINE OF THE NW 1/.f. OF 1HE NE 1/4 .;t OF SECTION /. T 1/5. R .2J ,\0~ O'l 'Ii .;t 0 0 C\I I O~ "- LO , I \\b< <0 ,..: .... :l GRAPHIC SCALE 0 ~<v >> l1J ...J 0 200 100 200 en ~-~ I I :;: 1:l .; I c:: \ 0 QI E r ( IN FEET ) I 0 QI \ Easement Area III 1 !neb. = 200 it. (f} l1J QI t--- :r. /' /MUmWE~n'/'u~, ~ .\.\.\ . Part of USFWS tract (168) lll':': Ul ..... OF SECTION /. T 115. R 23 . 0 :s: _ -0 - - m E .!: ~ NaRTH UNf OF Gov'T LOT 2 - ~ 0 ... " Ll...... SECTION 1. T 115, II 23 n ~>< I - - .5: ,.... :c -TIc -0..... )> "J c:: I V1 l1J ^ -' ~ )> 0'\ ~~ \,; ~'\ fJJGE: OF WA lCR AS SURVf:'tCD J/4/03 ,\0X, I (jO O~ ~(SO\A tv\\N "J be Shakopee Boat Landing -. ZII/IJ-w:I D1III!.; 3, i:U' vlss 4150 Olson Memorial Highway Rm/JIed 6/.16/03 Suite 300 Easement Exhibit C;)<v Minneapolis. MN 55422 .. .....0Ci_ InC. 763-541-4800 fo~. FAX 763-541-1700 .Parcell ~",_~It..~......,,=- :!I~K._.._ ^_~~"'II City of Shakopee EXHIBIT "A"