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Home My WebLink About2012-03-07 PACKET 04.M.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 3/7/12 PREPARED BY Engineering Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Approve the Declaration of Easement for the Public Safety /City Hall site for drainage and utility purposes. STAFF RECOMMENDATION It is recommended Council approve the Declaration of Easement for the Public Safety /City Hall site for drainage and utility purposes. BUDGET IMPLICATION BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY DATE REVIEWED El El El SUPPORTING DOCUMENTS ® MEMO /LETTER: Jennifer Levitt, March 1, 2012 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ACTUAL AMOUNT APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LEGAL RECOMMENDATION: ® OTHER: Declaration of Easement, Map Public Safety /City Hall Utility Plan ADMINISTRATORS COMMENTS City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER HACOUNCIL FORMS \COUNCIL 2012 \3 -7 -12 \Council Action Form Utility Easement.doc City of Cotta Grove Minnesota To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Jennifer Levitt, City Engineer Date: March 1, 2012 Subject: Public Safety /City Hall Drainage and Utility Easement Background /Discussion The plans for the Public Safety /City Hall (PSCH) were submitted to the Department of Labor and Industry, Plumbing Code Division for review. As part of the review they provided comments regarding the stormwater drainage system. In order to address the comments from the Department of Labor and Industry it was necessary to ensure that all stormwater components were encompassed in a drainage and utility easement. The enclosed Declaration of Easement identifies the necessary areas to be encompassed by an easement for approval by the Department of Labor and Industry. Also, enclosed is a site plan graphic showing the drainage and utility easement. Recommendation It is recommend to approve the Declaration of Easement for the Public Safety /City Hall site for drainage and utility purposes. DECLARATION OF EASEMENT THIS DECLARATION OF EASEMENT (the "Declaration ") is made this day of , 2012, by the City of Cottage Grove, a municipal corporation under the laws of the State of Minnesota (the "Declarant "). Recitals A. Declarant is the fee owner of certain real estate (the "Property ") in Washington County, Minnesota, described as follows: Lot I, Block I in COTTAGE GROVE RAVINE ADDITION, according to the recorded plat thereof, Washington County, Minnesota B. Declarant wishes to establish a permanent drainage and utility easement for purposes as hereinafter described in, over and across the Properly. Declaration Now, therefore, the Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following easement, which shall inure to the benefit of the City of Cottage Grove and the public: 1. Drainage and Utility Easement The Property shall be subject to a non - exclusive, perpetual drainage and utility easement legally described as: A perpetual easement for drainage and utility purposes over, under, and across that part of Lot 1, Block 1, COTTAGE GROVE RAVINE ADDITION, according to the recorded plat thereof, Washington County, Minnesota, being coincident with left, of the following described line: CAH- 2334000 C'r160 -91 Commencing at the most northerly corner of said Lot 1; thence South 52 degrees 08 minutes 25 seconds West, assumed bearing, along the northwesterly line of said Lot 1, a distance of 177.79 feet to the point of beginning of the line to be described; thence South 38 degrees 01 minutes 00 seconds East 338.96 feet; thence South 07 degrees 08 minutes 17 seconds West 252.99 feet; thence South 63 degrees 41 minutes 12 seconds West 133.38 feet; thence North 48 degrees 18 minutes 53 seconds West 499.45 feet to the northwesterly line of said Lot 1 and said line there terminating. Said easement contains 132,430 square feet more or less. 2. Scope of Easement Rights The permanent utility, drainage, and ponding easement granted herein includes the right of the Grantee, its contractors, agents, and employees to enter the premises for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing storm sewer facilities, ground surface drainage ways, and ponds for the storage and treatment of storm water within the described easement area, together with the right to excavate, dredge, and remove materials from the easement area and to cut, trim, or remove from easement trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably interfere with the easement or facilities of the Grantee, its successors or assigns. The perpetual utility and drainage easement granted herein includes the right of the City, its contractors, agents, and employees to enter the premises at all reasonable times for the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing storm sewer, sanitary sewer, water facilities and related appurtenances and ground surface drainage ways in the described easement area. 3. Easement to Run with Land• No Merger The easement created herein shall run with the land and be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. The Declarant intends that the easement created herein shall not merge in Declaranfs title to the Property and that any future conveyance of the Property by Declarant shall be subject to this Declaration of Easement unless the instrument of conveyance expressly states an intention to terminate this Declaration of Easement. 4. Amendment Modification; Termination This Declaration may not be amended, modified or terminated without the consent of the City of Cottage Grove. CITY OF COTTAGE GROVE By Myron Bailey, Mayor By Caron Stransky, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON } ss. The foregoing was acknowledged before me this day of , 2012 by Myron Bailey and Caron M. Stransky, the Mayor and City Clerk of the City of Cottage Grove, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation, Grantor. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Cottage Grove Community Development Department 7516 — W' Street South Cottage Grove, MN 55016 Nk Jh Z �I, ! Ui HIM;, O H �,g 1 1H OHM "TM \X1 N"T i4 -T M i -4 k4 If t I. M i -4 k4