The URL can be used to link to this page

Home My WebLink About2014-02-19 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 2/19/14 � " . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ******:�***********************************��**** COUNCIL ACTION REQUEST Consider approving the Private Utility Easement Agreement for a private electrical facility located near 11865 Point Douglas Drive South to provide power to an existing non-conforming billboard. STAFF RECOMMENDATION Approve the Private Utility Easement Agreement BUDGET IMPLICATION: $N/A BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS DATE $N/A N/A ACTUAL AMOUNT FUNDING SOURCE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from Jennifer Levitt dated 2/13/14 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Private Utility Easement Agreement ADMINISTRATOR'S COMMENTS: � � �- �'City Administrator Date ************��******�****�**�****************�** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage J Grove . � Pride and P�osperity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Jennifer Levitt, City Engineer/Community Development Director DATE: February 13, 2014 RE: Swenson-Ott Private Utility Easement Agreement Background/Discussion In 2011, West Point Douglas Road was extended to the south to connect at the signalized intersection of TH 61 and TH 95 as part of a cooperative agreement with the Minnesota Department of Transportation. The extension of the roadway required land acquisition from the Swenson-Ott's to facilitate the necessary safety improvement. An existing billboard is located on the land that was acquired. An agreement was made to allow the existing bill- board as an existing non-conforming use and to stay in place in its existing condition, which includes a light to the sign. As part of that agreement, an easement is necessary to provide power to light the billboard. The attached Private Utility Easement Agreement allows for electrical service to run from the private residence to the existing billboard as outlined in Exhibit B. The easement allows for the construction, maintenance, repair, and removal of the private electrical facility. The resident is responsible for registering the facility with Gopher One for locating purposes and for locating the private facility on all Gopher One locates. Recommendation ;� It is recommended that the City Council approve the Private Utility Easement Agreement for a private electrical facility located near 11865 Point Douglas Drive South. RECORDING INFORMATION ABOVE PRIVATE UTILITY EASEMENT AGREEMENT The undersigned ("Grantor") for and in consideration of $1.00 (One Dollar) and other good and valuable consideration, the receipt of which is her•eby acknowledged, does hereby grant and convey unto ALAN E. AND RHONDA K. OTT-SWENSON, husband and wife ("Grantee"), whose address is 11865 Point Douglas Drive South, Hastings, MN 55033, and its successors, assigns, licensees, and agents, a perpetual non-exclusive easement for private electrical utility purposes, including the right of Grantee to construct, maintain, repair and remove such private electrical utility facilities and related appurtenances, from time to time, as Grantee may require and Grantor may approve upon, over, under and across the following described proper�ty situated in the County of Washington, State of Minnesota, ("Easement Area"), to wit: A perpetual non-exclusive easement for private electrical utility purposes, which Easement is described in its entirety on EXHIBIT "A" and sketched in EXIIIBIT "B", which Exhibits are attached hereto and by this reference made a part hereof, all of which is situated in the Southeast '/4 of Section 36, Township 027 North, Range 21 West. Grantor further grants to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction, maintenance, repair and removal over and across only that portion of Grantor's lands as may be necessary to access the Easement Area, with the right of Grantee, at Grantee's sole cost and expense, to clear and keep cleared all trees and other obstructions as may be necessaiy for Grantee's use and enjoyment of the Easement Area. Nothing contained herein shall be deemed an assumption by the Grantor of any responsibility for construction, maintenance, replacement or repair of the Gr•antee Improvements as herein defined. Grantee shall indemnify Grantor for any and all damages caused to Grantor or Grantor's property as a result of Grantee's exercise of the rights and privileges herein granted. Gr•antee shall have no responsibility for environmental contamination, which is either pre-existing or not caused by Grantee. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted. Grantor covenants that Grantor is the fee simple owner of the Easement Area oY• has the requisite interest in the Easement Area to grant the easement rights herein granted. With the exception of the installation of private electrical utility line to service Grantee's billboard pm•suant to that certain Construction Plan dated November 18, 2013, approved by Grantor and attached hereto and incorporated herein by reference as E�ibit C, ("Grantee Improvement"), Grantee hereby covenants that: (a) no excavation will occur on the Easement Area, (b) no structure or obstiuction will be constructed upon, or permitted within on the Easement Area, (c) no change will be made by grading or otherwise to the Easement Area, (d) the Grantee Improvement shall only be placed at the locations specified in the Construction Plan, (e) the Grantee Improvement must be constructed according to the Consti•uction Plan, (tj Grantee shall not place any other structures, irrigation systems, buildings, fences, landscaping, trees or shiubs within the Easeinent Area, except for• the Grantee Improvement, (g) after construction, Grantees, at their own expense, shall maintain and repair• the Grantee Improvement, (h) the Grantee Improvement is subordinate to the rights of the Grantor in the Easement Area, (i) if the Grantor, for any or no reason, requires the Grantee Improvement to be r•elocated or removed from the Easement Area in the future, the Grantee shall be solely responsible for any and all costs to relocate or remove said Grantee Improvements. The purpose of the private utility easement is restricted to the installation of a private electrical utility and related appurtenances such as an electric power source and meter. Grantee agrees that Grantee cannot modify, change or alter the private electrical utilities and related appurtenances unless Grantor fit•st authorizes such modification, change or alteration in writing. The Grantee understands and agrees that the Grantee Improvements within the Easement Area may be adversely affected by use of the Easement Area by Grantor and others. Grantee agrees that the Grantor is not responsible for such use, that the Grantor shall have no liability to the Grantee for such use and the Grantee assumes the risk of installing the Grantee Improvements within the Easement Area. Grantee shall indemnify, defend and hold the Grantor, its council, agents, consultants, attorneys, employees and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and attorneys' fees, that the Grantor incuis or suffers, which arise out of, result from or relate to any of the foliowing:(a) The Grantee Impt•ovement, (b) Installation and maintenance of the Grantee Improvement, (c) Failure by the Grantee to observe or perform any covenant, condition, obligation or agreement on their part to be observed or perfoimed under this Agreement; and (d) Use of the Easement Area for the Grantee Improvement. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. Any claim, controvei•sy or dispute arising out of this Agreement shall be settled by arbih�ation in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court ha�ing jurisdiction thereof. The arbitration shall be conducted in the county where the Easement Area is situated. STATE DEED TAX DUE HEREON: NONE 2 Dated this day of , 2014. GRANTOR CITY OF COTTAGE GROVE: : Myron Bailey, Mayor E.`II 11:11 ��7 �►� I1�1►1_�f.Y�711I:1 C�Z � I i J, f� 1 i' Z� 7_��,� L• I.Y : i1► C�C �� ► I ) )ss. ) The foregoing instrument was acicnowledged before me this day of , 2014, by Myron Bailey, Mayor and Caron M. Stransky, City Clerk of the City of Cottage Grove, a Minnesota municipal corporation, on behalf of the corporation. [NOTARY SEAL] Notaiy Public My commission expires: : Caron M. Stransky, City Clerlc ACKNOWLEDGEMENT FOR CITY 3 GRANTEE ALAN E. AND RHONDA K. OTT-SWENSON: By: By: ALAN E. OTT-SWENSON RHONDA K. OTT-SWENSON STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON The foregoing instiument was acknowledged before me this day of 2014, by Alan E. Ott-Swenson and Rhouda K. Ott-Swenson, husband and wife. [NOTARY SEAL] Notaiy Public My commission expires: This Instrument Drafted By: Community Development Depai�tment 12800 Ravine Parkway Cottage Grove, MN 55016 4 ExxislT A LEGAL DESCRIPTION OF EASEMENT AREA UTILITY EASEMENT A 10.00 foot wide utility easement over, under and aci•oss that part of Tract A, REGISTERED LAND SURVEY NO. 41, Washington County, Minnesota, described as follows: Commencing at the southeast corner of the Southeast Quarter of Section 36, Township 027, Range 21, said Washington County, Minnesota; thence North 00 degrees 12 minutes 19 seconds East, 739.21 feet; thence North 89 degrees 47 minutes 41 seconds West, 419.26 feet to the southwesterly right of way line of U.S. Highway 10 & 61, per Book 232, page 615, said Washington County; thence South 59 degrees 12 mimrtes 55 seconds West, 78.78 feet; thence southwesterly westerly, and nor�thwestet•ly 269.57 feet along a tangential curve concave to the noi�theast having a radius of 140.00 feet and central angle of 110 degrees 19 minutes 27 seconds; thence North 10 degrees 27 minutes 38 seconds West, tangent to last described cuive 10730 feet to the point of beginning of the easement to be described; thence continuing North 10 degrees 27 minutes 38 seconds West, 10.52 feet; thence South 82 degrees 22 minutes 33 seconds East, 31.86 feet; thence North 86 degrees 04 minutes 34 seconds East, 55.80 feet; thence North 77 degrees 13 minutes 51 seconds East, 29.66 feet; thence North 59 degrees 28 minutes 21 seconds East, 19.70 feet; thence North 50 degrees 34 minutes 45 seconds East, 19.75 feet; thence South 39 degrees 25 minutes 15 seconds East, 10.00 feet; thence South 50 degrees 34 minutes 45 seconds West, 20.53 feet; thence South 59 degrees 28 minutes 21 seconds West, 22.04 feet; thence South 77 degrees 13 minutes 51 seconds West, 32.00 feet; thence South 86 degrees 04 minutes 34 seconds West, 57.59 feet; thence North 82 degrees 22 minutes 33 seconds West, 29.61 feet to the point of beginning. Said utility easement contains �1,593 square feet. 5 EXHIBIT B SKETCH OF EASEMENT AREA CITY OF COTTAGE GROVE ,-�,� L ; r ., � � ; �� ,..,rr-C>r-v �_n ;L \� i � � � I�L 2s / �—Existingsign � 2 o, P 1 � ,� ^ `j 2 �j o s '9 ° J F S ° `T � ` ` .1 b n� ./ �,q ` �B • 9j � � �� r � 66 ' `�d� O � � M q� <C t� �� I � N IOo� j Ip �/�� 1 � � \ '?g" 2 � � N86°04'34"E � — �� j \ �V � � `� ` ' `� ss.ao �l �� I -�- E ° -_ e � E' � �r� I � 1 J' "'.fl'o � E � � � � / �� i �� o � � � T t 57.59 � � I � �'' `Pr`�•° �r � �� j S86°04'3 �v ` $ o � �' F � � o � 2�9 I Existing �'e�°o ` s o�f � underground �'�; ' � z C' eledricalline �, � o O ��t �y W O � � T � � /\ T A 1 f'1 n v I n � __ \ A '� i V � . �r 1 \ � S> D` — II �� I9 21 „ UTILITY EASEMENT �! � .� ^`,' 7�1 �— \ (7 0 30 60 Horizontal Scale In Feet r� . o �- q � 4 F � � �� G �� 'tS� � 1 �? `fl 9 q ��l'� � � 6` ✓s � 1 �\ I I .i N89°47'41"W 419.26 18�� _,` \ y� W ,`��` �� - � N 5 �m \ � n O O z Southeast corner of the Southeast Quarter of Sec. 36,_ Twp. 027, Rng. 21 \� \ � 0 N � � � M � � � � O C i N � = m w a� �J A 10.00 foot wide utility easement over, under and across that part of Tract A, REGISTERED LAND SURVEY NO. 41, Washington County, Minnesota, described as follows: Commencing at the southeast corner of the Southeast Quarter of Section 36, Township 027, Range 21, said Washington County, Minnesota; thence North 00 degrees 12 minutes 19 seconds East, 739.21 feet; thence North 89 degrees 47 minutes 41 seconds West, 419.26 feet to the southwesterly right of way line of U.S. Highway 10 & 61, per Book 232, page 615, said Washington County; thence South 59 degrees 12 minutes 55 seconds West, 78.78 feet; thence southwesterly westerly, and northwesterly 269.57 feet along a tangential curve concave to the northeast having a radius of 140.00 feet and central angle of 110 degrees 19 minutes 27 seconds; thence North 10 degrees 27 minutes 38 seconds West, tangent to last described curve 107.30 feet to the point of beginning of the easement to be described; thence continuing North 10 degrees 27 minutes 38 seconds West, 10.52 feet; thence South 82 degrees 22 minutes 33 seconds East, 31.86 feet; thence North 86 degrees 04 minutes 34 seconds East, 55.80 feet; thence North 77 degrees 13 minutes 51 seconds East, 29.66 feet; thence North 59 degrees 28 minutes 21 seconds East, 19.70 feet; thence North 50 degrees 34 minutes 45 seconds East, 19.75 feet; thence South 39 degrees 25 minutes 15 seconds East, 10.00 feet; thence South 50 degrees 34 minutes 45 seconds West, 20.53 feet; thence South 59 degrees 28 minutes 21 seconds West, 22.04 feet; thence South 77 degrees 13 minutes 51 seconds West, 32.00 feet; thence South 86 degrees 04 minutes 34 seconds West, 57.59 feet; thence North 82 degrees 22 minutes 33 seconds West, 29.61 feet to the point of beginning. Said utility easement contains t1,593 square feet. I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESOTA. PRINT NAME: DANIEL J. ROEBER / SIGNATURE: DATE NOVEMBER 13, 2013 L. NO. 43133 SURVEY DJR St. Paul Office DRAWN 2335 West Highway 36 DJR Saint Paul, MN 55113 Phone: 651-636-4600 pROJ. NO. Fax: 651-636-1311 Website:www.stantec.com 193800123 ,.. EXHIBIT C � �� ' ` GRANTEE IMPROVEMENT _ � °' � �' `'�` CONSTRUCTION PLAN ,u, �; : ' % -� �' ' Dated November 8, 2013 - ` - _; - — -- � , �:,\ - : � `�� ,!� / ,t � y 1 � i d i ; �- -- -- -- _ - y ':��s ;> � � ' u " .� � , (� � � " � �. � p ' L �i - Q�� f) - - '�`i ' � � � �;J . ' / r'� J 4 ,\; �� / � �. . � �� Cl� 41 . ' '� } _t__ � � l_Ti 1i _ /' n'� TI ) � r J � �� - �.�� / / ` i . -�.� ti � ,�. ��'.� � � . � � \ � : g i C', q . � �- , „ .. y , / � h q. � �,, �:, �► � � , . � � �> � >,� .!r < <,� / ; � � �'3 C �G c'J .' � � t -_..�� /�� r)t 1 \\,i- , ��-� � �� '� ' -�� , �` � �� 1'� f ` -�i , � =` '�crt ��,�� r. � I � c � � G , � � � : � � ,, �t � �r . 'j ; 1 � . �� ,, � � v � � - •� � t' S, � �� >�'� � �1�� ;��/ t �� ` i � �, /� . ;� , �, � ��^�� ;�; - � �. � 4 .;� � � ��.t , `��` . � �> �. ' � f ' , „ia ,� .'�� i , �/- i _ �, . � . � � � �� -� /,^ . : �.; ; � \ J (' `` , j/ � 1 / �, ` � J ,y' � � � % J' , : � � ' ��:-!` ,, �'; . �, . � \ � , t � ��ti;��;� � { t - l I) - .. /,.._. � \ I. ,�./ f � �5 t �' '� .� \ � . c \ ��.:� . 1 j'� � � - . � Y :f>. � :.j ` A r - L �' ' , � � i t��..5 . . ! �;� � T /j7 ' �' �� > � 4 . " .�.. \ y } y � ` r' ' �5;�:. �1 � J � i � �.:` F� , t � �, r �. f � � ) /� � Y. / 1 { � � � ,. . � � � . . / , _, 1 � f . � + � (.� t Yi ( t' 4 : �� ` f;�� /1 �: f i � � _ `� , f�1 . j�" � �.. x, t' �;� , :1��3� /� -� � � ' s� -� �A � \` L�; � 1 I � `, r _� /� .. - � � . � �i � � i _ � /�� r �1 . / - - y e � � �ir � = L n % .. -- �' - � �' . �>�� /- 7� i�� -_ � _{:� � � '. l�' _ �� /?f , �i , \ � - � .i, }- �� "� i � � �'� .:� ."_li�., / � / � / �� / �,J •. � 1 � � ; _ j ':.' .. _ `�� } � / . . `; � J � `� �y . � _ _ , j' _ r —�� _ / , � � <r �� -� / G — " � �_ 1 / / / / / J / / / � . , . I- - i i ( ,�� ; / � i� � J \ � �� / �9� _, . `� J ) / � ` in \ ' /, / � J ;_�_ lJ� \ \ / �' - - \ \ / \ \ / \ � / \