9.e) Staff Report-Acceptance of Right-of-Way on 228th Street �r-�.(, �1 `�
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SCANDIA
Slaff Revort
Date of Meeting: September 17, 2013
To: City Council
From: Kristina Handt, City Administrator
Re: Acceptance of ROW on 228t" St
Agenda Item #: 9.e)
Background:
Last year the Council approved a variance for Mark Lenz to move the location of his garage on
his property on 228`h St. The new location will interfere with the existing overhead utility lines.
Xcel Energy would like to run the lines from a different substation in the area so they can avoid
placing poles in the wetland/swamp area. The alternate substation is located west of the Lenz
property down 228th St. In order to use that substation they would need to run poles along the
roadway to the properties on the south east side of Bone Lake. The City does not currently own
any Right of Way on the south side of 228`h St east of Lofton Ave. There are two large
agricultural parcels that abut the roadway owned by Roger Larson.
Issue:
Should the City Council accept the dedicated ROW on 228th St?
Proposal Details:
lncluded in your packet is the ROW Dedication Agreement. Larson is willing to donate the
ROW to the City with two stipulations. First, he would like the City to mow the ROW at least
once a year. The Public Works Director believes this is consistent with the department's goals
and can be accommodated. Second, his existing fence would be within the dedicated ROW area.
City ordinances prohibit fences in the area. The agreement would allow the fence to remain as
long as it does not interfere with City maintenance and remains in good condition. The fence
would have to be removed if subdivision were to occur or if the fence becomes blighted. The
Director of Public Works does not believe the current location will impede City maintenance
activities.
There are some title issues but the agreement provides for the City to back out if they are not
corrected.
Options:
l) Approve the agreement
2) Amend the agreement, then approve
3) Do not approve the agreement
Recommendation:
Option 1.
RIGHT OF WAY AGREEMENT
This RIGHT OF WAY AGREEMENT (the "Agreement") is entered into as of this day of
, 2013, by ROGER C. LARSON, a single person ("Larson") and the CITY OF
SCANDIA, MINNESOTA, a municipal corporation and political subdivision existing under the laws of
the State of Minnesota(the"City").
WHEREAS, Larson owns certain real property located along 228th Street in the City, more
specifically Parcel Identification Nos. 080322013000] and 0803220140001 (the"Larson Property");
WHEREAS, the City maintains a right-of-way easement over a portion of the Larson Property
(the "Easement"), for purposes that are typical for a boulevard in a first class suburban neighborhood
setting, including but not limited to the right to enter to construct, maintain and repair the existing street
and utility facilities, to construct and maintain slopes expressly and typically required for street right of
way, drainage and utility purposes, including the right to enter with equipment and materials for the
purpose of maintaining the public facilities over, across, through and under the Easement area, the
placement of public informational signs as is standard and customary for suburban roadways, including
but not limited to directional signs, no parking signs, and the like, and the further right to remove trees,
bushes, undergrowth, and other obstructions located in the Easement area that are interfering in the
location, construction and maintenance of the Easement;
WHEREAS, the City desires to obtain additional right-of-way from the Larson Property for the
purposes hereinbefore described, as well as to assist with the location of additional utility facilities within
the enlarged right-of-way;
WHEREAS, Larson is willing to transfer ownership of additional right-of-way to the City, in
consideration of the City mowing the right-of-way once per year and the City allowing the existing fence
on the right-of-way to remain thereon, if and until the Larson Property is subdivided or the fence enters a
state of disrepair, as further described in this Agreement; and
WHEREAS, City staff and consultants have surveyed the portion of the Larson Property to be
used for the expanded right-of-way property transfer,the legal description of which is attached on E�ibit
A of this Agreement(the"City Property").
NOW, THEREFORE, the parties to this Agreement acknowledge and agree, in consideration of
the promises, covenants and agreements made by each party hereto, the receipt of which is hereby
acknowledged,as follows:
1. Fee Title Ownership; Title Review Contin�y. Larson warrants and represents to the
City that he maintains fee title ownership to the City Property. Larson further warrants and represents
that he has good right and title to grant and convey the City Property to the City. Upon request from the
City, Larson will provide to the City written evidence of fee title ownership of the City Property, along
with information concerning any outstanding liens and encumbrances on the City Property, including but
not limited to relevant deeds,title commitments,and other property documentation.
The effectiveness of this Agreement and the filing of any deeds necessary to transfer title in the
City Property from Larson to the City are contingent upon satisfactory title review by the City.
Therefore,the City will promptly obtain title services determined necessary by the City, including but not
limited to title searches,title examinations, abstracting, a title insurance commitment or an attorney's title
opinion at City selection and cost. Larson shall use best efforts to provide marketable title in the City
Property, in arder to satisfy this contingency. Larson agrees to pay all costs and fees necessary to convey
marketable title in the City Property, including obtaining and recording all required documents. In the
discretion of the City, if this contingency applies and Larson does not provide marketable title within a
reasonabie time after the execution or approval of this Agreement,the City may declare this Agreement to
be null and void and will notify Larson accordingly.
2. Transfer of City Property to CitX. By this Agreement, Larson agrees to transfer to the
City the City Property described on Exhibit B hereto, for the purposes described in this Agreement,
subject,however,to the terms and conditions of this Agreement.
3. Ri�hts Reserved. Except for the transfer of the City Property to the City, Larson reserves
all other rights in and to the Larson Property.
4. Citv Requirements. In consideration for the transfer of the City Property from Larson,
the City agrees to the following:
(a) Annual Mowing. The City agrees and covenants to mow the portion of the City Property
located between the existing fence and 228th Street on an annual basis.
(b) Fence Encroachment Allowed. The City agrees and covenants with Larson that the
existing fence located on the City Property will be allowed to remain thereon, as long as the fence does
not materially interfere with the maintenance of the City Property for the purposes described in this
Agreement, and until the earlier of the following occurrences: (i) the Larson Property is subdivided,
including but not limited to lot line adjustments; or (ii) the fence is in a state of blight, obsolescence, or
disrepair, such that it cannot be repaired without substantial expense to the City, all as determined in the
sound and reasonable discretion of the City.
5. Entire A�reement. This Agreement states the entire agreement between the parties with
respect to the subject matter hereof, and may not be altered, modified or amended except in writing
signed by each of the parties. The City Council of the City approved this Agreement and authorized the
execution hereof on September 17, 2013.
6. Covenants, Successors and Assi�. The covenants and representations made in this
Agreement shall be deemed to run with the land, and shall inure to the benefit of, and be binding upon,
the parties hereto and their respective heirs,successors and assigns.
7. Counterparts. This Agreement may be executed in any number of counterparts, each and
all of which shall constitute one and the same instrument.
8. Governin�Law. This Agreement shall be construed in accordance with, and be governed
by,the laws of the State of Minnesota.
9. Limitation of Liabilitv. Except for the willful acts of the City, the City will not be liable
to Larson for any liabilities, losses, costs, damages and expenses occurring as a result of the duties
contemplated by this Agreement. The City, as it relates to the City Property, and Larson, as it relates to
the Larson Property, will be responsible far any liability stemming from the party's own actions on such
property.
10. Recordin�. The City shall promptly record this Agreement and the deed transferring the
City Property with the applicable property records office in Washington County, Minnesota, after the
execution hereof,and shall pay for all costs of recording.
(The remainder of this page is intentionally left blank.)
SIGNATURE PAGE FOR ROGER C. LARSON
ROGER C. LARSON
STATE OF MINNESOTA )
)ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of ,2013,by
Roger C.Larson,a single person.
Notary Public
SIGNATURE PAGE FOR THE CITY
CITY OF SCANDIA,MINNESOTA:
By:
Randall Simonson, Mayor
By:
Kristina Handt, City Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of , 2013, by
Randall Simonson, the Mayor, and Kristina Handt, the City Administrator, of the City of Scandia, a
municipal corporation and political subdivision of the State of Minnesota, on behalf of said municipal
corporation and political subdivision.
Notary Public
Prepared by:
Eckberg, Lammers,Briggs, Wolff&Vierling, P.L.L.P.
Scandia City Attorneys
1809 Northwestern Avenue
Stillwater, Minnesota 55082
(65l)439-2878
EXHIBIT A
LEGAL DESCRIPTION OF CITY PROPERTY
Parcel No. 0803220130001 Right-of-WaY
That part of the Southwest Quarter of the Northeast Quarter of Section 8, Township 32 North, Range 20
West of the 4`h Principal Meridian, lying north of a line 33.00 feet southerly of, as measured at a right
angle,and parallel with a line described as follows:
Commencing at the northwest corner of said Northeast Quarter; thence on an assumed bearing of
South 0 degrees 36 minutes 22 seconds East, along the west line of said Northeast quarter, a
distance of 1344.72 feet to the point of beginning of the line to be described; thence South 88
degrees 59 minutes 26 seconds East a distance of 829.13 feet;thence easterly a distance of 300.02
feet along a tangential curve, concave to the south, having a radius of 8378.55 feet and a central
angle of 2 degrees 03 minutes 06 seconds; thence easterly a distance of 159.89 feet along a
compound curve, having a radius of 20446.]6 feet and a central angle of 0 degrees 26 minutes 53
seconds;thence South 86 degrees 29 minutes 27 seconds East,tangent to said curve, a distance of
117.]8 feet and there terminating.
Parcel No.080322014001 Ri�ht-of-Wav
That part of Government Lot 2, Section 8, Township 32 North, Range 20 West of the 4`�' Principal
Meridian, lying southerly of the centerline of 228`'' Street North and lying northerly of a line 33.00 feet
southerly of,as measured at a right angle,and parallel with a line described as follows:
Commencing at the northwest corner of the Northeast Quarter of Said Section 8; thence on an
assumed bearing of South 0 degrees 36 minutes 22 seconds East, along the west line of said
Northeast Quarter, a distance of ]344.72; thence South 88 degrees 59 minutes 26 seconds East a
distance of 829.13 feet;thence easterly a distance of 300.02 feet along a tangential curve,concave
to the south, having a radius of 8378.55 feet and a central angle of 2 degrees 03 minutes 06
seconds,to the point of beginning of the line to be described;thence easterly a distance of l 59.89
feet along a compound curve,having a radius of 20446.16 feet and a central angle of 0 degrees 26
minutes 53 seconds;thence South 86 degrees 29 minutes 27 seconds East,tangent to said curve,a
distance of 117.18 feet; thence southeasterly a distance of 77.17 feet along a tangential curve,
concave to the southwest, having a radius of 1489.41 feet and a central angle of 2 degrees 58
minutes 07 seconds; thence southeasterly a distance of 151.19 feet along a compound curve
having a radius of 4830.50 feet and a central angle of 1 degree 47 minutes 36 seconds; thence
southeasterly a distance of ]81.45 feet along a compound curve having a radius of 460.46 feet
and a central angle of 22 degrees 34 minutes 41 seconds; thence South 59 degrees 09 minutes 03
seconds East,tangent to said curve, a distance of 193.44 feet; thence easterly a distance of 207.83
feet along a tangential curve, concave to the north, having a radius of 300.00 feet and a central
angle of 39 degrees 4l minutes 33 seconds; thence North 81 degrees 09 minutes 24 seconds East,
tangent to said curve, a distance of 660.33 feet and there terminating.
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