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9.c Discussion on permanent drainage and utility easementfor the replacement of a culvert on 199th St. N H:\SCND\N13114757\1_Corres\C_To Others\Council_RJG^Reed Easement.docx April 12, 2018 Honorable Mayor and City Council City of Scandia 14727 209th Street N. Scandia, MN 55073-8503 RE: 2018 Street Improvements - Reed Easement Scandia, MN Dear Mayor and Council: The 2018 Street Improvements project includes replacement of an existing culvert on 199th Street N. The configuration of the new culvert required the City to obtain permanent and temporary easement from the property owned by Robert Reed and Sandra Russell-Reed located at 16723 199th Street (PID: 3003219240029) Staff recommends City Council enter into the easement agreement with the owners as identified in the attached documents. Payment of $1.00 shall be made at the time the City enters into the agreement and the original signature documents shall recorded with Washington County. If you have any questions, please feel free to contact me at (612) 597-7140. Sincerely, Ryan J. Goodman, P.E. City Engineer Enclosures: Easement Documents CITY OF SCANDIA PERMANENT PUBLIC DRAINAGE AND UTILITY EASEMENT AGREEMENT THIS PERMANENT PUBLIC DRAINAGE AND UTILITY EASEMENT AGREEMENT, shall be effective as of the date that the last party executes this Agreement, is made by and between Robert P. Reed and Sandra Russell-Reed, husband and wife, hereinafter referred to as the "Owner," and the City of Scandia, a Minnesota municipal corporation, hereinafter referred to as the "City." The Owner owns the real property situated within Washington County, Minnesota as described that part of vacated 6th Street, as dedicated and delineated on the plat of Revision of Vasa, according to the plat thereof. The Owner in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, the following: 1. A permanent easement for public drainage and utility purposes; including all rights of a "drainage easement" and an "utility easement" as defined by Minn. Stat. § 505.01, Subd. 3(b) and 3(j); and, all such purposes ancillary, incident or related thereto (hereinafter "Permanent Easement") under, over, across, through and upon that real property identified and legally described on Exhibit A, (hereinafter the "Permanent Easement Area") attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, inspection, repair and replacement of any public storm sewer, storm sewer ponds, sanitary sewer, rain gardens, water mains, any utilities, underground pipes, conduits, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. EXEMPT FROM SFTATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: a.) to enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of this Permanent Easement; and b.) to maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such ponds, rain gardens, pipes, conduits or mains; and c.) to remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the pipes, conduits, or mains and to deposit earthen material in and upon the Permanent Easement Area; and d.) to remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to the Permanent Easement Area or the Owner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmentalunmunity defenses, statutory or otherwise. Further, any and all claims brought by the Owner, its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. The Owner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Owner's Property described on E~ibit A, and the Permanent Easement Area described on E~ibit B, and has good right to grant and convey the Permanent Easement herein to the City. In addition, the Owner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, the right of after acquired title to the Permanent Easement granted and conveyed in this Agreement provided that the Owner receives title to all or part of the Permanent Easement Area after the recording of this Agreement. This Permanent Public Drainage and Utility Easement Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 2 IN TESTIMONY WI-IEREOF, the Owner and the City have caused this Permanent Public Drainage and Utility Easement Agreement to be executed as follows: Owners: Robert and Sandra Russell-Reed B ~ --Y Robert P. Reed And By: ~ . Sandra Russell-Reed Its: Owners STATE OF MINNESOTA ) ss. COUNTY OF ~~ t I~'1 u'%"~ On this ~~~ day of ~ j~~i t , 2018, before me a Notary Public within and for said County, personally appeared Robert P. Reed and Sandra Russell-Reed, husband and wife, to me personally known, who being by me duly sworn, did say that they are the owners of the parcel identified in Exhibit A, the entity named in the foregoing instrument. ~ REBECCA JEAN 4iAYWQOD y Notary Public - . Minnesota `~,~ ~ ,.- -~_. .: ,~ ommission Ex 'res Janua 31, 2019 _ Notaz~y Public ,~.. 3 CITY OF SCANDIA By: Christine Maefsky Its: Mayor Attest: Brenda Eklund Its: Deputy City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON ss. On this _day of , 2018, before me a Notary Public within and for said County, personally appeared Christine Maefsky and Brenda Eklund, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and Deputy City Clerk ofthe City of Scandia, the municipality named in the foregoing instrument, and that the seal aff~ed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and Deputy City Clerk acknowledged said instrument to be the free act and deed of said municipality. This instrument was drafted by: City of Scandia 14727 209' Street North Scandia, Minnesota 55073 Notary Public After recording, please return to: City of Scandia 14727 209th Street North Scandia, Minnesota 55073 EXHIBIT A LEGAL DESCRIPTION OF THE PERMANENT EASEMENT AREA A perpetual easement for drainage purposes over, under and across that part of vacated 6th Street, as dedicated and delineated on the plat of Revision of Vasa, according to the plat thereof, Washington County, Minnesota, described as follows: Commencing at the northeast corner of the Northwest Quarter of Section 30, Township 32, Range 19, said Washington County; thence on an assumed bearing of South 00 degrees 43 Minutes 37 seconds West along the east line of said Northwest Quarter, a distance of 1383.20 feet; thence North 89 degrees 44 minutes 23 seconds West, a distance of 627.38 feet to the point ofbeginning; thence South 20 degrees 39 minutes 00 seconds West, a distance of 19.83 feet; thence North 84 degrees 21 minutes 00 seconds West, a distance of 18.63 feet; thence North 20 degrees 39 minutes 00 seconds East, a distance of 17.96 feet; thence South 89 degrees 44 minutes 23 seconds East, a distance of 19.20 feet to the point of beginning. CITY OF SCAIVDIA 201 S STREET lMPRO VEMENTS 16723199T" Stree t Temporary Construction Easement PROPOSED EASEMENT DESCRIPTION A temporary easement for construction purposes over, under and across that part of Lot 16, Block 2 and vacated 6th Street, as dedicated and delineated on the plat of Revision of Vasa, according to the plat thereof, Washington County, Minnesota, described as follows: Commencing at the northeast corner of the Northwest Quarter of Section 30, Township 32, Range 19, said Washington County; thence on an assumed bearing of South 00 degrees 43 minutes 37 seconds West along the east line of said Northwest Quarter, a distance of 1383.20 feet; thence North 89 degrees 44 minutes 23 seconds West, a distance of 608.74 feet to the point of beginning; thence continuing North 89 degrees 44 minutes 23 seconds West, a distance of 18.64 feet; thence South20 degrees 39 minutes 00 seconds West, a distance of 19.83 feet; thence North 84 degrees 21 minutes 00 seconds West, a distance of 18.63 feet; thence North 20 degrees 39 minutes 00 seconds East, a distance of 17.96 feet; thence North 89 degrees 44 minutes 23 seconds West, a distance of 28.77 feet; thence South 40 degrees 20 minutes 46 seconds East, a distance of 30.31 feet; thence South 75 degrees 02 minutes 47 seconds East, a distance of 19.47 feet; thence North 66 degrees 09 minutes 05 seconds East, a distance of 19.06 feet; thence North 28 degrees 05 minutes 30 seconds East, a distance of 22.80 #eet to the point of beginning. Said temporary construction easement shall expire on October 30, 2018. IN TESTIMONY WHEREOF, the Owner and the City have caused this Temporary Construction Easement Agreement to be executed as follows: Owners: Robert P. Reed and Sandra Russell-Reed B Z.f~,Y• Robert P. Reed And Sandra Russell-Reed Its: Owners STATE OF MINNESOTA COUNTY OF ~..,C~SH; t ~~G~._ ~i,~, On this ~ ~'~day of ~ f~„~~ \ , 2018, before me a Notary Public within and for said County, personally appeared Robert P. Reed and Sandra Russell-Reed, husband and wife, to me personally known, who being by me duly sworn, did say that they are the owners of the parcel identified, the entity named in the foregoing instrument. ~- ~ ~t -~ ~ ~vrt~r~ ~u~i~e ` ~l~ifi~50g~1 9~ ~ ommissian~x 'r~~sJanua 39,21119 Notary Public PROPOSED PERMENENT EASEMENT DESCRIPTIONA perpetual easement for drainage purposes over, under and across that part of vacated 6th Street, as dedicated anddelineated on the plat of Revision of Vasa, according to the plat thereof, Washington County, Minnesota, described asfollows:Commencing at the northeast corner of the Northwest Quarter of Section 30, Township 32, Range 19, said Washington County;thence on an assumed bearing of South 00 degrees 43 minutes 37 seconds West along the east line of said Northwest Quarter, adistance of 1383.20 feet; thence North 89 degrees 44 minutes 23 seconds West, a distance of 627.38 feet to the point of beginning;thence South 20 degrees 39 minutes 00 seconds West, a distance of 19.83 feet; thence North 84 degrees 21 minutes 00 secondsWest, a distance of 18.63 feet; thence North 20 degrees 39 minutes 00 seconds East, a distance of 17.96 feet; thence South 89degrees 44 minutes 23 seconds East, a distance of 19.20 feet to the point of beginning.PROPOSED TEMPORARY EASEMENT DESCRIPTIONA temporary easement for construction purposes over, under and across that part of Lot 16, Block 2 and vacated 6th Street, asdedicated and delineated on the plat of Revision of Vasa, according to the plat thereof, Washington County, Minnesota,described as follows:Commencing at the northeast corner of the Northwest Quarter of Section 30, Township 32, Range 19, said Washington County;thence on an assumed bearing of South 00 degrees 43 minutes 37 seconds West along the east line of said Northwest Quarter, adistance of 1383.20 feet; thence North 89 degrees 44 minutes 23 seconds West, a distance of 608.74 feet to the point of beginning;thence continuing North 89 degrees 44 minutes 23 seconds West, a distance of 18.64 feet; thence South20 degrees 39 minutes 00seconds West, a distance of 19.83 feet; thence North 84 degrees 21 minutes 00 seconds West, a distance of 18.63 feet; thence North20 degrees 39 minutes 00 seconds East, a distance of 17.96 feet; thence North 89 degrees 44 minutes 23 seconds West, a distanceof 28.77 feet; thence South 40 degrees 20 minutes 46 seconds East, a distance of 30.31 feet; thence South 75 degrees 02 minutes 47seconds East, a distance of 19.47 feet; thence North 66 degrees 09 minutes 05 seconds East, a distance of 19.06 feet; thence North28 degrees 05 minutes 30 seconds East, a distance of 22.80 feet to the point of beginning.Said easement is to expire on______________________________________.SURVEYOR'S CERTIFICATIONI hereby certify that this survey, plan, or report was preparedby me or under my direct supervision and that I am a dulyLicensed Land Surveyor under the laws of the State ofMinnesota._______________________________Russell O. HalversonLicense Number 41813__________ Date03/29/2018PROPOSED TEMPORARYEASEMENT CONTAINING892 SQ. FT.PROPOSED PERMENENTEASEMENT CONTAINING E340SQ. FT.SCALE IN FEET0202035 COUNTY RD D EAST, SUITE BMAPLEWOOD, MINNESOTA 55109(651) 704-9970JOB NUMBER:FIELD BOOK:DRAWN BY:FOR:©Bolton & Menk, Inc. 2018, All Rights ReservedH:\SCND\N13114757\CAD\C3D\MISC-114757-EASEMENT-02.dwg 3/29/2018 10:41 AMREASEMENT EXHIBIT16723 199TH STREET, SCANDIA, MNPART OF LOT 16, BLOCK 2 AND VACATED 6TH ST.REVISION OF VASAIN THE NW 1/4 OF SEC. 30 TWN. 32 RGE.19WASHINGTON COUNTY, MINNESOTACITY OF SCANDIAN13.114757DKSN/ABEARINGS ARE IN TERMS OFWASHINGTON COUNTY COORDINATESYSTEM (NAD83, 1986 ADJ.)