The URL can be used to link to this page

5.k) Staff Report-Continenza Easement � � �� , /�� .+ �� Y�' V� a:l SCANDIA Staff Report Date of Meeting: July 16, 2013 To: City Council From: Kristina Handt, Administrator Re: Continenza Easment Agenda Item #: S.k) Background: At the May City Council meeting, a variance was approved for Jim and Sandi Continenza and the Council agreed to allow them to hook two properties up to the A/E Wastewater System. One of the conditions of the variance was to work with the City Attorney on an easement to give the City a l2 foot easement for utility, drainage, and common road maintenance activities. A copy of the easement language worked out by the City Attorney and Continenza's attorney is in your packet. Issue: Should the City accept the easement for the Continenza property? Proposal Details: The City will be able to use the easement to construct,maintain,and repair the existing street and utility lines or slopes typically required for street right of way, drainage, and utility purposes. The City will not stock pile any materials there in the area other than typical snow banks created by the customary passage of the snow plow. Fiscal Impact: $1 Options: 1) Accept the Easment 2) Amend and then Accept the Easement 3) Do not Accept the Easement Recommendation: Option 1. . �� .� i � � , � � � � � � ; , � � � STREET, DRAINAGE AND UTILITY EASEMENT AGREEMENT � � ' This Agreement, made this �� day of �,/X,� , 2013 is between James V. i Continenza and Sandra K. Continenza, husband and wife (collectively the "Continenzas"), and the � City of Scandia, a Minnesota municipai corporation and political subdivision, organized under the laws of the State of Minnesota (the "City"). RECITALS ' A. The Continenzas are the owners in fee simple of certain real property located in the City and legally described as follows: i � Lots 9 and 10, Anderson's Big Lake 2"° Addition, according to the plat thereof ; on file and of record in the office of the Registrar of Titles of Washington ; County, Minnesota (the "Lots"). ; ; B. The City has requested, and the Continenzas have agreed to grant, perpetual ; easements for street, drainage and utility purposes over and across that certain portion of the Lots as � is described below, all in accordance with the terms and conditions as are more particularly � hereinafter set forth. NOW THEREFORE, in consideration of the sum of One and no/100 Dollars ($1.00) and i other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ! it is agreed as follows: � 1. Grant of Easements. The Continenzas hereby grant to the City perpetual easements � solely for street right of way, drainage and utility purposes (collectively the "Easements") over and ; across that portion of the Lots described on Exhibit A attached hereto and depicted on E�ibit B ' attached hereto (the "Easement Area") subject, however, to the terms and conditions of this Agreement. � � 2. Scope of Easements. The City shall have the right hereunder to enter into the � Easement Area to construct, maintain and repair the existing street and utility lines, or 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 said public facilities over, i 1 � � I i � � i � i across, through and under the Easement Area, place 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 in the Easement Area interfering in the location, construction and maintenance of said street right of '. way, public drainage and utilities. Notwithstanding the foregoing, however, this Agreement does not grant the City any right to use any portion of the Easement Area for storing, stockpiling or parking any materials or equipment (including vehicles) relating to street, drainage or utility construction, maintenance, repair, use or operation; it being understood and agreed herein that the i Easements granted hereunder shall be used only in accordance with such purposes as shall be typical � for a boulevard in a first class suburban neighborhood setting. It is understood and agreed herein that typical snow plow banks caused by the ordinary passage of snow plows @ut not stockpiling snow) on the street adjoining the Basement Area (188'h St. No.) shall not be construed to be a breach of the preceding sentence. After completion of any construction, maintenance, repair work or other activity disturbing the Easement Area, the City or responsible utility shall restore the affected area to a finish grade with sod. ; 3. Ownership of Lots. The Continenzas hereby warrant and represent to the City that ' they are the owners of the Lots in fee simple and have good right to grant and convey the Easements granted hereunder to the City. ' 4. Rights Reserved. Except for the Easements granted by the Continenzas to the City ', hereunder, the Continenzas reserve all other rights in and to the Lots, and the Easement Area located '� j thereon. j i 5. Entire Agreement/Amendment. 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 the parties. ; 6. Covenants, Successors and Assigns. The covenants of 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 I and all of which shall constitute one and the same instrument. � i I 8. Governing Law. This Agreement shall be construed in accordance with, and be � governed by, the laws of the State of Minnesota. � [SIGNATURE PAGES TO FOLLOW] j � � ; ; � � � 2 ( i � , ` i � �I J ! � � I I SIGNATURE PAGE FOR THE CONTINENZAS � � I . j THE CONTINENZAS: ! ; � i �--�� ;.- •1—.----..— � '� ames V. Continenza � � �,/ � .--, i / , '�`;�.��._ , t �r;. _ _.-----_..: ! San ra K. Continenza � ! � I STATE OF MINNESOTA ) � ) ss: � COUNTY OF��(�� ) I � � The foregoing instrument was acknowledged t�efore me this 1�" da.y of � t�r'�C , 2013, i by James V. Continenza and Sandra K. Continenza, tiusband and wife. ' i � _ � �-� � . KRYSTA R�SE NOVAK r�otary Public � NOTARY P�Bi.lC•MINNESOTA � _ � MY COMMISSION EXPiRES 011311'6 � i � F I � I � I I I � I � � � i � r4 I � 1 i I � I SIGNATURE PAGE FOR THE CITY ' I j THE CITY OF SCANDIA: ' � I By; I Mayor � And ' � II ! By• City Administrator � I STATE OF MINNESOTA ) � ) ss: ; COUNTY OF ) � 1'he foregoing instrument was acknowledged before me this day af , 2013, i 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 I Prepared by: � Christensen& Laue, P.A. i 5141 Vernon Avenue South Suite 400 � Minneapolis, MN 55436 ; (952) 927-8855 �' � i 4 i j � I . ,� ' ; i � EXHIBI:T A LEGAL DESCRIPTION OF THE EASEMENT AREA � ND � All that part of Lot 9 and Lot 10, ANDERSON S BIG LAKE 2 ADDITION, City of Scandia, Washington County, Minnesota described as follows: j Beginning at the northwest corner of said Lot 9: thence South 66 degrees 06 minutes 16 seconds East, bearings are oriented to the Washington County Coordinate System, NAD 83 1986 adjustment, along the northerly line of said Lot 9, a distance of 70.06 feet to the northeast corner of said Lot 9 which is also the northwest corner of said Lot 10; tb�ence continuing South 66 degrees 06 minutes 16 seconds East, along the northerly line of said Lot 10, a distance of 25.14 feet to an angle point on � said northerly line of Lot 10; thence South 24 degre��s 19 minutes 29 seconds East, along an easterly , line of said Lot 10, a distance of 55.20 feet to a mo�t easterly corner of said Lot 10; thence South 21 degrees 14 minutes 13 seconds West, along an easte.rly line of said Lot 10, a distance of 11.83 feet; I thence North 28 degrees 35 minutes 17 seconds We;�t, a distance of 40.94 feet; thence northwesterly along a non-tangential curve, concave to the southwest, having a central angle of 29 degrees 09 minutes 42 seconds, a radius of 137.73 feet, an arc distance of 70.10 feet and the chord of said curve bears North 48 degrees 44 minutes 58 seconds West:; thence North 67 degrees 44 minutes 52 seconds West, a distance of 37.41 feet to its intersection witY� the westerly line of said Lot 9; thence North 11 degrees 59 minutes 08 seconds East, along said westerly line of Lot 9, a distance of 4.14 feet to the i point of beginning. ; � I I � i i � i I 1 � � 1 � I i I , i 5 � i i I . : . � � � ; � EXHIBIT B � I I DEPICTION OF THE EASEMENT AREA ' i � I [SEE ATTACHED] � I � I i i � � i I I i � � ( � � � � � � � i i � � I I � I � I � 6 ; I I , � .• f ' � � < �€w��i� ��;C��;F�� B �; � �� j ��q��°e ��°� �$� ��Q� � �3Q A a��Q�� ,��c�,�� s�� o �� m�.�� "�:�€Q � �� p �;��a�� F�� „� o � tLsn � �` 4a Q � 3 � `p� m ��'�� Ij_��t�Q�� y m �'" ��@�� o4�g R� � �e ay . � �� $��SA'� � � �� L �^o ��Q.��F��a�e�=� �� $ 6P�CC� Q ¢$ � � p � ¢;, g Z N u� R � - �. ......q.�..:_...... .. -. . ........_. '_ .. _"......_. 9j �.. 32/ � V 'O'd$ Co/JC�� .i` Z �(Y � � 3 / � 99'64 3.9E�L0.65 Sllr�q,�.W a$ f �.4q a m � �0 loot setba,.k • ___.._..._........._..... ....._ / _.....__. � N v''w(« �� O 9Y5 '�: �� "'.' 1 � � � y / tn � � � � M ' r � � p � t� �� Q gl �1 CUR N•' f L� "ti �'`�' :+ B N � / V x �y � -� ,Q �SE7,, 1''� ( � �1 � � � � � aw� � ��'s / � � O d � � ��z . '+1.� 6 ��m 1.�I �� of � �Y� U o�' �� o �� -J � >�� , m� SRo � i ,� � �� °Fw'�fo �c a�i �n � r >� . �/ `� � L� �N� �i .t C F �S mD Q � / � �� A� �a � � / �� a b�sFo m � '1��, � ` / _@ a -'' � t� / � � c+ Z ��'y"4 O �j�0�� 4 �� oZ' .y�'J / ��n V L w4ta �� ,� �� / �=o � y �^> �,,':�� r' y / '"° y �,,,,,3 E ,�;� � , ;� � t.,, 4a5= �,*� `�L5 I= � F-� . ��„ � � � y '" °�� f � �� s � �1 �� : ° � !� _� �� i `�D � e � � � �s � � � _ a : � , i � _ � i �i � / ,� , �� z t y,„ i� �� > _ � t < � sii o � : > � � 6 � � �_ zA ; i3Cg � � +�_ p < . o m - ;� 3t_ Q m _ -+ ruUr � _�s o O • O � �S A �gS z � � � ;��: �� Fr� �� t�� _� � £ b �y c °- , . !� � �o' � A � � _�= s �ij� l , �2 � �� n � ; s, = e o _ � �:7 3 I i � � 1'ag a p � c a �� }i � H � � �� ° � F E�� v � - } Q z � � �� y"' � � �x �; � Y •� a` a � � �XHIRIT R