HomeMy WebLinkAbout2014-02-19 PACKET 08.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 2/19/14 .
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST
1. Consider approving the Agreement between South Washington Watershed District and the
City of Cottage Grove Regarding the East Ravine Area Stormwater Facilities.
2. Consider approving the License Agreement between the South Washington Watershed
District and the City of Cottage Grove for facilities in the East Ravine Stormwater Area.
3. Consider approving the Permanent Public Drainage and Municipal Utility Easement
Agreement and Temporary Construction Easement.
STAFF RECOMMENDATION
1. Approve the Agreement between South Washington Watershed District and the City of
Cottage Grove Regarding the East Ravine Area Stormwater Facilities.
2. Approve the License Agreement between the South Washington Watershed District and
the City of Cottage Grove for facilities in the East Ravine Stormwater Area.
3. Approve the Permanent Public Drainage and Municipal Utility Easement Agreement and
Temporary Construction Easement.
SUPPORTING DOCUMENTS
� MEMO/LETTER: Memo from Jennifer Levitt dated 2/12/14
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: 1) Agreement regarding East Ravine Area Stormwater Facilities
2) Agreement for facilities in the East Ravine Stormwater Area
3) Permanent Public Drainage and Municipal Utility Easement Agreement and
Temporary Construction Easement
ADMINISTRATOR'S COMMENTS
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Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
---- �iiy Hammisiraior
Cottage
� Grove
� Pride andProsperity Meet
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: Jennifer Levitt, City Engineer/Community Development Director
DATE: February 12, 2014
RE: S1NWD Regional Facilities Agreement
Background/Discussion
Stormwater management, conveyance, and coordination are critical components for cities.
Stormwater drainage patterns do not follow city boundaries, and stormwater conveyance has
impacts both upstream and downstream, which is why South Washington Watershed District
(SW1ND) helps to manage stormwater from a regional watershed perspective.
The Cities of Cottage Grove and Woodbury have been working since 1980 to provide a regional
stormwater/flood control system. An interconnected regional drainage system first appeared in
the Cities of Woodbury and Cottage Grove in surface water management plans in 1980. The
first draft watershed plan was completed in 1988.
Those early plans have guided the watershed district and the city to where we are today. The
plans have now become actual built infrastructure and completion of the plan is on the near
horizon. Now that plans are becoming reality, it is important to memorialize an agreement to
address ownership, maintenance, operations and future acquisitions of land. The enclosed
agreement between SW1ND and the City of Cottage Grove regarding East Ravine Area Storm-
water Facilities addresses the historical record of the plan, property acquisition for SW1ND
facilities, regional and local drainage, conveyance and payment of land, city use of open space,
and maintenance of structures and ponds. It took years of work to formalize this multi-faceted
agreement between the city and the SW1ND. The SW1ND Board approved the agreement on
February 11, 2014.
Section 9. Citv Use of SW1ND Land for Open Space outlines that the S1NWD will grant the City a
license to use its property for City open space. The open space elements will include paved and
natural trails, interpretive signage, landscaping, and ponds. The open space and trail improve-
ments are consistent with the City's 2030 Comprehensive Plan for Future Parks 'and Open
Space. The enclosed license agreement provides the terms and conditions for the City to utilize
the S1NWD property for the previously outlined purposes. It is recommended to approve the
license agreement. The SW1ND Board will be taking action on the agreement at a future Board
meeting.
Section 10. Easements to be Granted by SW1ND to the City for Drainaqe, Utility, and Trail
Purposes outlines that easements will be conveyed to the City by separate instrument at no cost
to the City provided that regional drainage needs are not impacted by the easements. The en-
closed Permanent Public Drainage and Municipal Utility Easement and Agreement and Tempo-
Honorable Mayor, City Council, and Ryan Schroeder
SWWD Regional Facilities Agreement
February 12, 2014
Page 2 of 2
rary Construction Easement provide an easement for City infrastructure (sanitary sewer, water,
and storm sewer) to be located within the SWWD property. The easement is necessary to
provide sanitary sewer and water to the adjacent developments, Cayden Glen and Eastridge
Woods. The SWWD Board approved the easements on December 18, 2013. It is recommended
that the Council approve the permanent and temporary municipal easements.
Recommendation
1. It is recommended that the City Council approve the Agreement between South Washington
Watershed District and the City of Cottage Grove Regarding the East Ravine Area Storm-
water Facilities.
2. It is recommended that the City Council approve the License Agreement between the South
Washington Watershed District and the City of Cottage Grove for facilities in the East Ravine
Stormwater Area.
3. It is recommended that the City Council approve the Permanent Public Drainage and Munici-
pal Utility Easement Agreement and Temporary Construction Easement.
Agreement
Between
South Washington Watershed District
.,
The City of Cottage Grove
Regarding
East Ravine Area Stormwater Facilities
WITNESSETH:
This Agreement (this "Agreement") is between the South Washington Watershed District,
a watershed district with purposes and powers as set forth in Minnesota Statutes Chapter
103D ("SW1ND") and the City of Cottage Grove, a Minnesota municipal corporation
("City") (together, the "Responsible Parties") and relates to the use and management of
stormwater facilities located within property owned by the S1NWD in the East Ravine Area
of the City of Cottage Grove.
RECITALS:
The Cities of Cottage Grove and Woodbury have been working since 1980 to
provide a regional stormwater/flood control system. An interconnected regional
drainage system first appeared in the Cities of Woodbury and Cottage Grove
surface water management plans in 1979 and 1980, respectively; and
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2. The Metropolitan SurFace Water Management Act was passed by the State
Legislature in 1982. The cities of Afton, Cottage Grove, Lake Elmo, Oakdale and
Woodbury jointly formed the Cottage Grove Ravine Water Management
Organization ("WMO") in 1984. A draft watershed management plan was
completed in 1988; and
3. Statutory changes in 1990 required the cities to update the joint powers agreement
for the WMO. Subsequent discussions regarding authorities of the WMO and the
governing joint powers agreement continued through 1992. A public hearing was
held to dissolve the WMO in October, 1992; and
4. Upon dissolution of the WMO the cities petitioned the Minnesota Board of Water
and Soil Resources (BWSR) in May 1993 to form a watershed district pursuant to
Minnesota Statute 103D; and
5. BWSR ordered the formation of the Cottage Grove Ravine Watershed District
(South Washington Watershed District) on August 25, 1993; and
6. The SW1ND was formed under Minnesota Statutes Section 103D.225 on August
25, 1993, and now contains portions of ten cities and townships. The SW1ND
boundaries are shown on the attached Exhibit A; and
7. The SWWD has adopted a Watershed Plan that was approved on August 28, 1997
by the Minnesota Board of Water and Soil Resources ("BWSR") pursuant to
Minnesota Statutes Section 103B.231 (the "SWWD Watershed Plan"); and
8. That the SWWD Watershed Plan was adopted on October of 1997, and identified
the Central Draw project as a water quantity project; and
9. That the SW1ND adopted a funding plan that provides for the funding of a water
quantity project. The source of funding for the project is in the form of a storm water
utility fee, 75 percent of which will be charged to the watershed area generating the
water and 25 percent charged to the S1NWD (as it then existed) as a whole; and
10. Beginning in 1999, the SW1ND started work to identify the issues associated with
the potential flooding in the Central Draw. This included analysis of the northern
watershed drainage system and providing for the development of the Woodbury
East AUAR. The analysis determined that the Central Draw Storage Facility
("CDSF") consisting of approximately 200 acres of property purchased by the
SWWD had adequate storage for existing conditions including the Woodbury East
AUAR; and
11. The northern watershed analysis incorporated updated 2010 municipal
comprehensive plans in anticipation of future development which resulted in the
2002 SW1ND Central Draw Project and Flood Storage Area Maps Engineers
Report. The report established six elements of the Central Draw Overflow system
as well as developed the necessary SW1ND capital improvements to the CDSF to
allow efficient and effective use of the available storage; and
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12. The S1NWD amended the 1997 watershed management plan in 2002 to include
the Central Draw OverFlow as a capital project; and
13. The SWWD Watershed Plan was amended in 2002, and at that time, the SWWD
conducted an extensive study of an area known as the CDSF which generally
extends from an area at the southerly border of the City of Woodbury, southerly
into the City of Cottage Grove and terminates at 70th Street. A map showing the
location of the CDSF CDP86 South is shown on the attached Exhibit B; and
14. The 2002 Amendment and the CDSF Study examined construction of stormwater
infrastructure to effectively and efficiently use downstream storage located in
Central Draw Pond 86, which is owned by the SW1ND ("CDP 86") that would take
Regional Drainage from Central Draw Pond 85, which is owned by the City of
Woodbury ("CDP 85"), transfer it to CDP 86, and convey the Regional Drainage
south to 70th Street, located in the City of Cottage Grove; and
15.The Regional Drainage then must be transferred from 70th Street to the
Mississippi River. The SW1ND has conducted studies of routes to transfer the
Regional Drainage from the CDSF to the east side of County Road 19 then south
through the area known as the "East Ravine Area" in the City to the Mississippi
River, which is within the S1NWD boundaries. The area is shown on the attached
Exhibit C and the CDSF Overflow is shown on the attached Exhibit D; and
16. The City prepared the Cottage Grove East Ravine AUAR in 2005 and a
comprehensive plan amendment. The AUAR incorporated the CDSF and
identified the CDSF OverFlow routed through the Cottage Grove Ravine Park
(significant planning occurred through the AUAR process to coordinate the CDSF
with City's East Ravine land use plan); and
17. The City undertook an East Ravine Master Plan Study in an effort to have efficient
land use development and to additionally coordinate with the SW1ND on
Stormwater Management within the East Ravine Area; and
18. The SW1ND Board studied stormwater conveyancing routes that included the
"Cross Country" route that primarily used stormwater ponding areas to manage the
stormwater and an option of primarily using stormwater pipes to convey water that
would have coordinated construction with the Metropolitan Council South
Washington County Interceptor. That was completed in 2004. The "Cross County"
route provides a combined drainage system with the Cottage Grove Local
Drainage System that is contemplated with the Cottage Grove East Ravine area;
and
19. The City and the SW1ND have decided to work together to make efficient use of
both of their planned and existing stormwater facilities for Regional Drainage and
Local Drainage management needs within the East Ravine Area. The primary
purpose of the coordinated planning effort is to develop a Combined Stormwater
System to provide for storage and Conveyance of both Local Drainage and
Regional Drainage of stormwater and provide a joint route for Local Drainage and
Regional Drainage of stormwater runoff from CDP 86 to the Mississippi River; and
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20.The Metropolitan Council adjusted the elevation of the South Washington County
interceptor to provide additional sanitary sewer service area to Cottage Grove
allowing for land to be developed without the need to construct lift stations in the
City; and
21.The cities of Cottage Grove and Woodbury were required by the Metropolitan
Council to prepare surface water management plans as part of their
comprehensive plan updates in 2010. These surface water management plans
were approved by the S1NWD. These plans established future land use along with
surFace water management for design of the CDSF OverFlow. Washington County
included re-alignment of CSAH 19-20-22 in the 2011-2015 capital improvement
plan. This provided the SWWD an opportunity to partner with Washington County
and the City to coordinate construction of a portion of the CDSF OverFlow, and
22. The SWWD updated the Watershed Management Plan beginning in 2005 and fully
incorporated updated 2020 land use, surface water management plans, and
previous SW1ND studies. The Plan identified the six elements of the Central Draw
OverFlow providing a stormwater conveyance system to the Mississippi River
through Cottage Grove's East Ravine. The Plan was approved by the State on
September 26, 2007 and adopted by the SW1ND Board on November 13, 2007;
and
23. The CDSF was a natural depression (kettle) in the landscape. These are large
natural, readily available storage areas. The SWWD has purchased the land that
encompasses these areas in the cities of Cottage Grove and Woodbury; and
24.A majority of the land for the storage/infiltration/conveyance of Regional Drainage
stormwater is located on land acquired in the City. Coordination between SW1ND
and the City resulted in a combined regional and local system that minimized land
acquisition necessary of Regional Drainage and Local Drainage. A coordinated
planning effort between the SWWD and the cities of Cottage Grove and Woodbury
has resulted in combined regional and local system rather that separate systems;
and
25. The City recognized the potential benefit to developing the East Ravine to
incorporate the SWWD property is a key element. With such a significant portion of
the regional system located in the City, the East Ravine development was
designed to utilize the land area as an amenity; and
26. The project includes significant regional storage/infiltration located in the City; and
27. The City has demonstrated tremendous creativity in planning the East Ravine and
applied strong environmental responsibility incorporating the CDSF into local land
use; and
28.The combined local and regional system in the City provided for local and regional
benefit to water quality and ground water by keeping stormwater runofF on the
landscape improving water quality, recharging groundwater and safe guarding
against flooding. The City is the downstream community and has been very
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cooperative regarding the planning and development of the CDSF overFlow
project; and
29.The purpose of this Agreement is to facilitate the creation of a combined
Stormwater Management system to convey local and regional runoff in a
controlled and efficient manner and to improve the quality of surface water. This
Agreement will also establish the City and the S1NWD's obligations for the
acquisition, construction, operation, and maintenance of the piping and ponding
infrastructure facilities located within the property owned by the SW1ND.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Recitals.
The recitals contained above are true and correct and are incorporated herein by
reference.
2. Definitions.
The following terms used in this Agreement are defined as follows:
2.1 BWSR — Minnesota Board of Water and Soil Resources.
2.2 Central Draw OverFlow — The CDSF OverFlow consists of six elements
which are on property acquired or property to be acquired by the SW1ND: i)
Bailey Lake Lift Station (owned and operated by the City of Woodbury); ii)
regional storage and infiltration basins (CDP 85 and CDP 86); iii) the
overFlow Conveyance system located at 70th Street to Cottage Grove
Ravine Regional Park; iv) overland flow/Conveyance north of Ravine Park
Lake; v) flow through Ravine Park Lake and lake outlet control; and vi)
Conveyance south of Ravine Park Lake to the Mississippi River. Each of
these elements is identified in the SWWD Watershed Plan as a capital
improvement project.
2.3 CDSF — Central Draw Storage Facility, which is generally described as the
area that extends southerly from the southerly border of the City of
Woodbury into the City of Cottage Grove and terminates at 70th Street. It is
shown on the attached Exhibit B .
2.4 CDP 85 — Central Draw Pond 85 which is owned by the City of Woodbury.
2.5 CDP 86 — Central Draw Pond 86 which is owned by the SW1ND.
2.6 City — City of Cottage Grove, a Minnesota municipal corporation.
2.7 Combined Stormwater System — A SWWD-owned stormwater facility that
provides storage and conveyance of both local and regional stormwater.
2.8 Conveyance — A piped or overland flow system to move stormwater from
one location to another.
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2.9 East Ravine Area — The area within the City shown on the attached Exhibit
C.
2.10 Infiltration — The process by which surFace water enters the soil.
2.11 Local Drainage — Stormwater runoff from the City that discharges to SW1ND
stormwater facilities. Discharge to S1NWD stormwater facilities will adhere
to regional assessment points as defined in the SWWD Watershed
Management Plan.
2.12 Regional Drainage — Stormwater runoff from the S1NWD northern
watershed that discharges to SW1ND stormwater facilities. Regional
drainage will include excess runoff from the local drainage area under
"normal" and "wet" conditional as defined in the SWWD Watershed
Management Plan, section 4.1.2. Discharge to SW1ND stormwater facilities
will adhere to regional assessment points as defined in the S1NWD
Watershed Management Plan.
2.13 Responsible Parties — The City and the SWWD.
2.14 SWWD — South Washington Watershed District, a watershed district with
purposes and powers as set forth in Minnesota Statutes Chapter 103D.
2.15 SW1ND Facilities — CDP 86, all stormwater facilities necessary to convey
stormwater from CDP 86 to the east side of Keats Avenue (County Road
19), and all stormwater facilities leading south from 70th Street East
(County Road 20 and County Road 22) to the Cottage Grove Ravine
Regional Park.
2.16 SWWD Watershed Plan — Watershed Plan adopted by the SWWD on
November 13, 2007, as amended, and approved by BWSR.
2.17 Stormwater Management — Facilities that convey, store, or provide
treatment to stormwater runoff.
2.18 Water Quality — Practices that reduce stormwater pollutants in local and
regional stormwater runoff by means of Infiltration, sedimentation,
interception, or biological processes.
3. Review of Plans.
3.1 SW1ND Plans. The S1NWD will be responsible for preparing plans for
regional stormwater facilities in the East Ravine Area which serve the
watershed. All costs for plan preparation will be paid by the SW1ND. The
plans shall include the preparation of plans for CDP 86, all stormwater
facilities necessary to convey stormwater from CDP 86 to the S1NWD
Facilities. The S1NWD must submit all plans for SW1ND Facilities to the City
for review and approval. The City must conduct its review and provide the
S1NWD with its comments and changes within 90 days of receipt. The
SW1ND will consider comments and changes requested by the City.
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3.2 City Plans. Currently, the City submits all plans for developments within the
City to the SW1ND for review and approval. In addition to this current
practice, the City will submit all preliminary plats of proposed subdivisions
that are located within the East Ravine Area to the SW1ND for review. This
will allow the SW1ND to determine if there are any areas within the plat that
SW1ND will require to be dedicated as drainage easements for the SW1ND
Facilities. The SW1ND will provide a timely response in order to satisfy any
applicable statutory deadlines for review under Minnesota Statutes
Sections 15.99 and 462.358.
4. Property Acquisition for the SVW11D Facilities.
4.1 Additional property needs to be acquired by the Responsible Parties
through dedication or purchase for future development of the joint
Stormwater Management projects contemplated by this Agreement.
4.2 Generally, as parcels adjacent to the CDSF are subdivided in the future and
approved by the City, it is anticipated that the City will require that the
developer dedicate or grant permanent and temporary easements
necessary for local and regional Stormwater Management as a condition of
plat approval.
4.3 In these instances, the City will ensure that easements are dedicated or
granted in favor of the SW1ND for Regional Drainage purposes. The City will
ensure that the easements are provided to the S1NWD in recordable form
and will work with the SW1ND to ensure that the correct legal descriptions
are used for the easement areas. The SW1ND is responsible for acquiring
land that is necessary for S1NWD easements that the City has determined
do not have essential nexus to the subdivision and development of the land.
4.4 Should the SW1ND require acquisition of the easements for the S1NWD
Facilities to construct the overflow prior to the property being subdivided,
the S1NWD will be responsible for acquiring, by purchase or condemnation,
the necessary property.
4.5 The SW1ND has completed acquisition all easements necessary to
construct the S1NWD Facilities from CDP-86 to the southerly limits of
construction of the Washington County 70th Street/County Road 22
Realignment Project constructed in 2013.
4.6 The City will be responsible for obtaining, through dedication or voluntary
acquisition in the course of development approvals, all easements
necessary to construct the SW1ND Facilities from the southerly limits of
construction of the Washington County 70th Street/County Road 22
Realignment Project to the northern boundary of Cottage Grove Ravine
Regional Park, as shown in the 2005 City of Cottage Grove East Ravine
Master Plan and in conformance with development phasing as outlined in
the City's 2030 Comprehensive Plan. In the event that this property is not
developed and the City does not have the opportunity to acquire the
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property interest necessary for the SWWD Facilities or that do not have
essential nexus to the subdivision and development of the land, the SW1ND
shall be responsible for acquiring the property by either voluntary purchase
or condemnation.
4.7 The SWWD has previously acquired 20 acres of property adjacent to CDSF
Basin Anode CD-P86S1. It is shown on the attached Exhibit B. The City will
be responsible to obtain the easements necessary to construct the northern
lobe of the foregoing basin that consists of property not currently owned by
the S1NWD which is necessary to complete the basin. The portion of the
basin acquired by the City and identified in Exhibit B may be used by the
City and the SWWD for Local and Regional Drainage. The property
acquired shall be dedicated to the City and the SW1ND or to the City which
shall then allow the SW1ND use by separate agreement.
5. Regional and Local Drainage.
5.1 The SWWD has acquired property in fee for Regional Drainage. The
SW1ND design of the Central Draw OverFlow and the amount of land that
was acquired was premised upon the, SVWVD property receiving, storing,
and conveying stormwater that is Regional Drainage. The SW1ND Facilities
have not been designed or sized as primary receptor of Local Drainage
from new development. The SW1ND Facilities will be reserved primarily for
above normal and wet hydrologic conditions as defined in Chapter 4.1.2 of
the SWWD Watershed Plan. When Regional Drainage is generated by
above normal rainfall events or prolonged wet hydrologic periods, the
S1NWD anticipates that minor overFlows into the SW1ND Facilities will occur.
To preserve the flood storage/Infiltration capacity of the SWWD Facilities,
upstream Stormwater Management in accordance with the unit runoff rate
and volume requirements at the appropriate assessment point must be put
in place. The SW1ND is providing the regional system to provide adequate
storage, conveyance, and minimize flood damages for abnormally wet
periods and low return frequency events for the Regional Drainage.
5.2 As described in the SWWD Watershed Plan, the Central Draw Overflow is
planned to provide a controlled overFlow path for local and regional runoff to
the Mississippi River (see the Stormwater Overflow Route which is attached
as Exhibit D). Improvements to the area known as the Cottage Grove East
Draw District, which is depicted on the attached Exhibit E, are tied to the
Central Draw OverFlow area. The SWWD, in cooperation with Washington
County and the City, has constructed a portion of the Central Draw OverFlow
along the newly aligned County Road 22. As part of the project, a portion of
the ultimate 72-inch stormwater pipe overflow has been constructed for the
Central Draw OverFlow. Until the Regional Drainage to the Mississippi River
is complete, the City shall allow Regional Stormwater to be conveyed
through the SVWVD upgraded stormwater pipe in the right-of-way of Joliet
and Jocelyn Avenue to Pond ED-P2.2. This requires the removal and
replacement of storm sewer under those roadways.
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5.3 To facilitate the installation of the upgraded 30-inch storm sewer pipe along
Jocelyn Avenue, a new parallel sanitary sewer lateral is needed to serve the
residents on the south side of Jocelyn Avenue. Sewer and water service
pipes have been removed and replaced for these properties. Because of
the utility work, a full pavement section along with curb and gutter was
removed and replaced. Driveways and landscaping were also impacted to
the right-of-way line. Table 5.3 (A) illustrates the improvements.
By approving this Agreement, the Responsible Parties are recognizing that
local and regional surface water will be conveyed to the Mississippi River
through the City's East Draw District drainage system. The S1NWD will be
financially responsible for improvements required to provide this connection
to the CDSF, per the Feasibility Report for the 2013 Pavement
Management for the districts referred to as "C1" and "C2" in the Feasibility
Report. The actual costs that the S1NWD will be responsible for with respect
to this project are as follows:
Table 5.3 (A)
SWWD
Actual Cost Summary
Item
Streets
Sanitary
Sewer
Water Main
Storm Sewer
Cost
$316,710.80
$ 80,343.20
$ 15,303.33
$189, 943.57
Total
6. Surface Water Management.
$602,300.90
6.1 The SW1ND Facilities to be acquired between the southerly limits of
construction of Washington County 70th Street/CSAH 19-20-22 Project and
the northerly boundary of the Cottage Grove Ravine Regional Park are
designed to provide capacity for Regional Drainage developed in the East
Ravine Area as well as upstream flows from the northern watershed. The
S1NWD Facilities are designed to be a Combined Stormwater System,
ensuring adequate flood control, Water Quality, flood damage reduction,
and Conveyance capacity to protect public health and safety.
6.2 Where feasible to do so and approved by the SWWD, SWWD Facilities may
be used by the City for Local Drainage in order to provide a Water Quality
benefit that meets the City and SWWD Water Quality and Infiltration
requirement, provided Regional Drainage needs are not impacted. The
treatment area must be defined and must include adequate measures for
pre-treatment of stormwater runoff prior to discharging into the treatment
area.
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6.3 Drainage from development immediately adjacent to S1NWD Facilities from
rear yard and open space areas draining directly into SW1ND Facilities will
be permitted without meeting the City/SWWD rate control, Water Quality, or
Infiltration requirements. This drainage shall not be counted towards the
CDSF assessment point unit/area limits.
6.4 The S1NWD shall be responsible for maintaining the SW1ND Facilities.
6.5 The City will be responsible to maintain the pond at the south end along
70th Street CDP 86-S2. The City shall remove sedimentation from the
basin, re-establish vegetation after sediment is removed, and restore any
disturbed areas.
6.6 The Responsible Parties recognize that when practical and feasible, the
conveyance of surFace water within the City to the Mississippi River shall
utilize routing in bodies of water designated by the Minnesota Department
of Natural Resources as public waters in a controlled manner.
7. SVW11D Conveyance of Property to the City for Ravine Parkway
7.1 The City has requested and the SWWD has agreed to convey fee title to
SW1ND owned property to the City to allow for the construction of Ravine
Parkway by the City for $1.00. The property that will be conveyed by the
SW1ND to the City is shown on the attached Exhibit F in green, entitled
"Future Ravine Parkway ROW" consisting of approximately 20.10 acres in
brown, entitled "Future Ravine Parkway Outlot" consisting of approximately
5.17 acres.
7.2 The S1NWD will convey the property described on the attached Exhibit F to
the City upon the following terms and conditions:
7.2.1 The City must provide a total of 401.5 acre-feet of stormwater
storage volume below the high water level for the proposed 100 year
(6.3 inch 24 hour) storm event elevation of 902.0. Proposed contours
in the CDSF to meet the 401.5 acre-feet stormwater storage volume
requirement, with the current conceptual alignment of Ravine
Parkway is reflected on Exhibit B. The City agrees that if a total
storage volume of 401.5 acre-feet is not achieved within the CDSF,
the City will be responsible for providing additional stormwater
storage volume to meet this stormwater storage volume
requirement, including the obligation to acquire additional land and
convey the same to the SW1ND in fee to replace the storage volume
to 401.5 acre-feet. Replacement of stormwater storage volume
provided by the city must receive prior approval from the SW1ND. In
providing replacement property, the replacement storage shall not
include any storage volume required to meet the stormwater
requirements for new development.
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7.2.2 Any land acquired by the City to provide replacement stormwater
storage volume shall be conveyed to the SW1ND in fee at no cost to
the SWWD.
7.2.3 The City shall be responsible for constructing Ravine Parkway and
all of the related improvements and utilities and all associated costs.
7.2.4 The City shall reimburse the SW1ND for its closing costs associated
with the conveyance of the Ravine Parkway property to the City.
7.3 The SW1ND will also convey fee title to the property shown and described
on the attached Exhibit G that was purchased as part of the CSAH 19-20-22
project to the City for additional Ravine Parkway right-of-way. The City will
reimburse the SW1ND for Ravine Parkway right-of-way purchase purchased
as part of the CSAH 19-20-22 project. Payment shall be in the amount of
$39,000.00 and is due from the City to the SW1ND at the time of the Ravine
Parkway construction being commenced on the Goebel property.
8. SVW1/D Conveyance of Property to the City for Joliet Avenue
8.1 The City has requested and the SWWD has agreed to convey SWWD
owned property to the City to allow for the construction of Joliet Avenue by
the City for $1.00. The property to be conveyed to the City is generally
described on the attached Exhibit F and specifically described on the
attached Exhibit H. The City and the SWWD shall enter into a separate
purchase agreement with respect to the conveyance.
8.2 The SVWVD will convey the property described on the attached Exhibit H to
the City upon the following terms and conditions:
8.2.1 The City shall be responsible for constructing Joliet Avenue and all of
the related improvements and utilities and all associated costs.
8.2.2 The City shall reimburse the SW1ND for its closing costs associated
with the conveyance of the property to the City.
9. City Use of S1NWD Land for Open Space
9.1 The SW1ND will grant the City a license to use the property outlined in
purple on the attached Exhibit F for City open space purposes at no cost to
the City. The grant of the license to the City shall be conditioned upon that
the use does not reduce stormwater storage volumes and does not
negatively impact the conveyance of stormwater within SWWD property.
The City and SW1ND shall enter into a separate license agreement for each
property owned by the S1NWD being used by the City for open space. The
City agrees to indemnify and hold the SW1ND harmless from any storm
water coming onto the property that causes damage to any improvements
made by the City, including but not limited to, damage to any structure,
since the primary purpose for the SVWVD owning the property is for
conveying local and regional surface water. The City agrees that it will
-11-
provide notice of its proposed use to the adjacent residential neighborhoods
whenever possible and feasible. The City shall be responsible for .
maintaining any improvements that it places on the SW1ND property.
9.2 By entering into this Agreement, the Responsible Parties are recognizing
that the primary intended purpose of the open space properties is for
conveying local and regional surface water to the Mississippi River in a
controlled and efficient manner takes precedence over any other use of
property owned by the S1NWD by the general public.
10. Easements to be granted by SWWD to the City for Drainage, Utility, and Trail
Purposes.
10.1 The S1NWD shall grant easements to the City for drainage, utility, and trail
purposes over its property that is generally described on the attached
Exhibit I at no cost to the City. The easements shall be conveyed to the City
by separate instrument. In the future the City, from time to time, may
request additional easements from the SW1ND, and the SWWD may grant
them at no cost to the City, provided that the Regional Drainage needs are
not impacted by the easements.
11. SVW11D Property North of Military Road.
11.1 The S1NWD acquired more property north of Military Road than what was
actually needed for stormwater storage and conveyance due to the result of
negotiations with the owner. The property is shown on Exhibit F in blue and
is approximately 12.45 acres. The excess property is not necessary for
SWWD purposes, and the SWWD anticipated that the excess property
would be resold to a developer or utilized by the City for a future park and
open space purposes. In furtherance of the coordination of the public use of
the SWWD property with the Minnesota Department of Natural Resources,
Washington County, and the cities of Cottage Grove and Woodbury, the
SWWD has agreed to convey this property for public recreational and
right-of-way purposes. The City desires to acquire this excess property from
the S1NWD to construct a future community park. The SW1ND has agreed to
convey fee title to this property to the City for $1.00. The deed shall contain
a reverter clause that states that the property shall revert back to the
SWWD in the event that the property is no longer used for park purposes.
The City shall reimburse the SW1ND for its closing costs associated with the
conveyance of this property to the City.
11.2 The SVWVD also acquired excess developable land north of Military Road
known as Eastridge Woods North consisting of approximately 9.08 acres.
This land is shown on the attached Exhibit F in pink. The City does not wish
to acquire this property and agrees that it is not needed for regional
stormwater storage or conveyance. The City will not object to the S1NWD
selling this property to a developer.
-12-
12. Maintenance of the Gate Structure Located at 70th Street and Joliet Avenue
12.1 At the south end of Pond No. CD-P86S2 (as depicted on Exhibit B as the
"South Lobe") pipe for stormwater Conveyance has been installed to allow
stormwater to be conveyed through a portion of the City stormwater system,
which was upgraded by the SVWVD at the cost of the SW1ND. The SW1ND
has a separate pipe structure to convey water to the east through SW1ND
Facilities. A gate structure consisting of a gate system, vault, and access
hatches ("Gate Structure") has been installed by the S1NWD at the junction
of the south pipe and the east pipe that will allow alternatives for transfer of
stormwater depending on specific conditions.
12.2 The Gity agrees to operate and maintain the Gate Structure. The SW1ND
shall reimburse the City for the cost of routine maintenance, whether done
by City employees or independent contractors. The City will perform annual
maintenance of the overflow vault structure including, but not limited to,
exercising the gates, lubrication of the gates, and inspection of the structure
and gates. The City shall invoice the SWWD annually for the costs, and the
invoice shall be paid by the SW1ND within 30 days. The City will inspect the
Gate Structure annually. The City will notify the S1NWD if it finds that major
repairs or non-routine maintenance is needed or if the Gate Structure needs
to be replaced. The SW1ND shall be solely responsible for any major
repairs, non-routine maintenance, or replacement of the Gate Structure.
12.3 The City will operate the Gate Structure at the direction of the SW1ND. The
SW1ND will provide the City with instructions in writing as to when the City
must operate the gates for water conveyance. The City agrees that it will
respond to an operational request from the S1NWD within a reasonable time
frame. The SW1ND will reimburse the City for its costs associated with any
operational request. The City shall invoice the SWWD for the costs and the
SW1ND shall pay the City's invoice within 30 days.
12.4 The SWWD shall purchase a portable drill-type electric operator for gate
maintenance and operation of the overflow vault structure for the Gate
Structure, the specifications of which are shown on the attached Exhibit J.
Before purchasing, the SWWD shall verify that the portable drill-type
electric operator is fully compliant with the design of the vault, access
hatches, and gate system.
13.Amendments to this Agreement.
13.1 Any modification, alteration, amendments, deletions, or waiver of the
provisions of this Agreement will be valid only when mutually agreed upon
in writing by both parties. This Agreement may be amended in writing with
the approval of the SWWD and the City.
14. Miscellaneous
14.1 Relationship of Parties. Nothing contained in this Agreement is intended or
shall be construed in any manner as creating or establishing a joint powers
-13-
relationship, partnership, joint venture, or agency relationship between the
parties.
14.2 Employees. Each party represents that it has, or will secure at its own
expense, all personnel or contractors required for its perFormance of this
Agreement. Any and all personnel and contractors of one party shall not
have any contractual relationship with, and shall not be considered
employees, of the other party.
14.3 Liability. Except arising from or out of S1NWD's fault or negligence, the City
agrees to indemnify and defend the S1NWD, its officials, agents, and
employees against and will hold harmless the SW1ND, its officials, agents,
and employees from any claims, expenses, or damages, including
attorneys' fees, arising from the City's perFormance of its obligations
pursuant to this Agreement. Except arising from or out of the City's fault or
negligence, the SW1ND agrees to indemnify and defend the City, its
officials, agents, and employees against and will hold harmless the City, its
officials, agents, and employees from any claims, expenses, or damages,
including attorneys' fees, arising frorrl SW1ND's perFormance of its
obligations pursuant to this Agreement.
14.4 Assignment or Modification. This Agreement shall be binding upon and
inure to the benefit of City and the SWWD, and their respective successors
and assigns; provided, however, that neither party may assign this
Agreement or associated easements without the prior written consent of the
other. The City's use of contracted services to meet its obligations under
this Agreement shall not be construed to be an assignment.
(The remainder of this page is left blank intentionally.)
-14-
This Agreement shall be effective as of the date all of the signatures required below have
been provided.
Dated this day of , 2014.
:
:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
CITY OF COTTAGE GROVE
Myron Bailey, Mayor
Ryan Schroeder, City Administrator
The foregoing instrument was acknowledged before me this day of
, 2014, by Myron Bailey and Ryan Schroeder, the Mayor and City
Administrator, respectively of the City of Cottage Grove, a Minnesota municipal
corporation, on behalf of the City and pursuant to the authority granted by its City Council.
NOTARY STAMP
Notary Public
-15-
SOUTH WASHINGTON
WATERSHED DISTRICT
:
Jack Lavold, President
By:
Matt Moore, Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2014 by Jack Lavold, the President of the South Washington
Watershed District
NOTARY STAMP
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2014 by Matt Moore, the Administrator of the South Washington
Watershed District
NOTARY STAMP
THIS INSTRUMENT DRAFTED BY:
Cottage Grove Community Development Department
12800 Ravine Parkway South
Cottage Grove, MN 55016
planninq(c�cottage-qrove.org
Notary Public
-16-
EXHIBIT A
Map Showing SWWD Boundaries
South W�shif�� Wate�^shed Di.st��ict
�� �� I Me[m Watenhetl
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y l. \ ' ( n ; CNFi� WiMe �} YWGtf: /
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m�w»� �
— U:: r�gkxny I unF . ,' [tw u�6��.
I tNFi'�( • MTII
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_— I jMILN y�� 1
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— Counry Roads i ��.:,`Y-i�.__.�, wYxtt �+..�.�..+.�.�w�....,
RcelEcncdl7meb '' � I I '
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h� _ —�.-� •_ �,� _.. .` .. . . _ � ` � ' f �.A � I, .I � .�.
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f ^ I
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ii
HASTI�,S��"`�-�' ,j'_"���
.�I: ��:_..�.- � `"�
0 125 25 5 �'�,�
Miles
I — _ ��
EXHIBIT B
� Cottage � � � -���
Grove �'
Central Draw Storage Facility '�����
��e Pridc andQ�pS�ritV Mce1 I I I
January 2014.��
a 'Z'` ` - ,; �;
, *Total Minimum Storage McHattie ���' ,� �
�,
.
Volume = 401.5 acre-feet ; ; ,f';{
_, __ . _
. __ i
� � -- = ;:� ,����
-_ � � �la►rth' Labe il�
�.--., I I
� .' `�
�1`�� 4,'„ S�N�NCI i �
' � �E�� R �WWQ ; i��
� ,.r �� r , �.• - - — - —=-
^� ��,�+1� � � - __ _ _. _ -
�' � � ` � � \�'::., _
.` _ .
� �' � , . __: " - _: -
.: _- r � A � `
��= _ _ . ��M . �6�'� _. ,
'�,-_ --- --- )
�, �, �
f �, --�= � � �� � Median Area
� ' l� t �'� "�if
' ` ' SWWD l
<_-` _ �
SV1fVWD -
,, - - .
. . i:
i �� , ;, i
:,,, � f �
� S�C IFi LE,''C
SWWD
SWWD
.� -
SWWD
- �
Goebel )�� ;,�-.._,. �, ;� Substantial Conveyance
/:'
' �' � Connections
' � I � �1
i ,
- DR Horton
_ - _-
_ -.i: -___ __ -_
;I��, �''
� _
O Fl
�''� i �
S ut Lobe
�
�
��� ___ ;�;
. � �
Newland Newland — cP ' �
� � �� �
o Q..
� II
o , . I ','' 1
�
I � � '��
r
� _ '. CDSF Contours
Parcels
Future Ravine Parkway
�oth Street
i I r' � I li
I 1,, ', � i .
, `,'� � .-��
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�'�,` : � ;, �'�;;� ��
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�
��- *� � . .
��, � v :r
o
;
DR Horton
Portion of South Lobe
Constructed in 2013
N
0 20Q 400
Feet
EXHIBIT C
East Ravine Area
East Ravine
Cfty of Cortage Grove
� 0. \
\�
.�•. .�
� �\
\
� .
� I., _I- �...
Neighbortrood t North
Land Use Legend
.� �. RurM ResidcnWi t.<.ss 7nr i�.n« �,�.»+i
� 104� Daeaty R�+idrntbl t+s u�w� � noe±
,Y t�>
� IAt��um
� Hiqi�OCmNyRetidcat,ilrruum.+�,tri!
,� -v ..- nc:n.+-
f til.i< : lintialfcnol
1
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� _. 1 �
vx�. � ��,o� sP,<e r �
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PaM1nay vuo:aw '— Y
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Neigirborhood i South _ �'�''�
; ���.
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�`�'��
c ea� wa� �.s�w
f+'�� Cey of
Cottage Grove
'`� Mirnesoto
� i4,����������i..���„��i..
Land Use Plan Jrnre2UO3
East Ravine
City oi Cottage Grove
Neighborhaod ? North
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,-_-,- .., ...
East Ravine
Ciiy of Cottage Grave
Legend: Nefghborhood i South
:!ly'
� Sinplc Fani1y . 100' Lats
� Singk� Famity � DS' LNs
� SingleFmily•<BSlai
� � Fcnhowc Ts«nhouac
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{Cottage View)
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� cf oF
Cottoge Grave
'� Mimesota
East Ravine
City of Cortage Grove
p _ --,
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Neighborhood 2 Master Plan ,,�,�:o��o. ;���:��,,:.,.�...�.
�. .�.. .,
EXHIBIT D
Map Depicting Stormwater Overflow Route
East Ravine Pre-Design
City of Coflage Grove
To Future
Cottage Grove
Pipes .�.�
To Existing
Cottage Grove�
Storm;D�ejn ,;,.
Network;-_?;
' - ---- - -- _.
` —�-� -------• �
Legend
►-►-► Soulh Washirgton N�tarshed Distrid
Proposed Regionai Outlet
� Ravine Improvement
� Stormwaler Management Zones
[ _ ' Storrtnvater Phase
7ributaryPhase
To Future �` �
Cottage Grove
Storm Drain
. _, !
To Existing
Cottage Grove
Storm Drain
Network
� _
: '
i
i .
n
�
�
s
;
N
Phasing 02/25/05 o e�s �.�so /� 3,500
Feet
----' ::�= . 1
Aitemative �'`' �
Emergency ,���- :
Overflow�. ; ,� ; ':
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Temporary '
OverFlow A1�'
Figure 10
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;4 ,; <._. EXHIBIT E �� �, �`
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L .j . Cottage Grove East Draw District ;� `�'' - �� �. �
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■I
EXHIBIT F
SWWD Property
�-�_�
January 2074
I SVWVD Propert� �lorth o� Military Road
e �
i McHattie ��`r���\ SWWD
�
1 ^°�� w�. �
�
,j���_ � . -
SWWD
{��
�;
— _ _-_-�--�� _ � ,,
Future Ravine P rk�
�ROW (20.10 acr�s) \
SWWD
Future Ravine Parkway -- �
Outlot (5.17 acres) � �
-- = --- �
_ _ �_ _ _._ . „
:_- _ :_ ...
_ _ _- _ _ `. , ��-
. _ -
, __ _..
,,
.��� ,,
� '1
I� I
'
�, l SWWD
City Park (12.45 acres)
�_:6. �. ,.�.<.
. ., ;
�I� 5: _ _ _ �� �" '', ��- ,
_ � _ -.��..-
.�� �� x . r ,
_ ...`''w.w*t—•'-�' _...� �� .f w _. �
_ - Developable Land �
�� _ -- . ..
-- - - In Excess
_,,� _
'�,�; `, SWWD '= :>.:__
� _-- SWWD (9.08 acres)
. . � � �� � (�
Future Ravine Parkway
' � City Park
� Developable Land In Excess
� Future JolietAvenue ROW
� Future Ravine Parkway Outlot
� Future Ravine Parkway ROW
CDSF Contours
Parcels
���a SWWD , Future Joliet Avenue
2,� ROW (1.56 acres)
° dd �
,'
DR Horton
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f i
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- -_ { - �. � I
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=— ��,
'� ��: , DRHorton
O �a �.:�,ntkrwni�WdlculWyu_g��� c_m+wBGEmSpacnl la,ucs8.
�__ s�� �_�_
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!: ''
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�
0 200 400
�
Feet
i __. .
wivi SWWD�C75F qOW Moy01231am�e
EXHlBIT G
Aciditiona! Ravine Parkway Right-of-Way
Proposed legal c�esct•iptiou foi� SWWD fee acquisitinn
Goebel
PID #1.102721210001
Area: 32,557 Sq T't
0.75 Ac.
All that part of the E�st 30.00 feet of the Noi�th Half af tlie Noi�thwest Quarter of Sectio�i
11, Township 2'7 Nortl�, Ranga 21 West of the Foiu�th Princi�al Mex•idiau, Washington
County, Min��esota, lying sotitherly of YI�e soutlierly Iine of WASHINGTON COUNTY
HTGHWAY RIGHT OF�WAY PLAT NO. 171- C.S.A.H 2, oi� �le anci of record in the
office of tl�e County Recorder, �Vasliingtan Cou►ity, Miruiesota.
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-� Y €a.-�. - ! � i � � �+.�.�1.�'{. 2� �7 ti ( ' � � _ :, �
`?'�, � �!� k • , Praperky Acqui�tEon � c�r ' � ��`� ; '� �
Fi � �' � R/UU Plat No.171 �' .;,�' : � , ��� :' ti � �
���' 1 ' , � . �. ,, ;4 ,....
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i
�t P . Az'• � �` � - „-'� � � � � .:�.'C ' - . - - - - 6aun4SY - -- j . � F _��5��l,� r , �.
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Ny:hin�ionCourty.uancWOna:OoPVfmant .. _ `. . . r�....d.. ��.� � Y� PY �' ��:�_ �l.f-r �.Jr.�. �� �' .
Survey and I�nd Man�gement Dlvi^ton p . , -r . ,• . . � : >3 �k' •.... --' - _ � -_ "'`^� `'?"+�t� 1��. � - _ � .J - J+�. .
J �I' _ � s _ � _�wY �_J -_ — .— i . _' -- f ..
EXHIBIT H
Description of the Property to be Conveyed to the City by SWWD for Joilet
Avenue
CITY OF C�TTAGE GRQVE, MINNES�TA
, ,
r..-rr .-� �� r:�,r..� ��l 6 rran,�i � or
�.,� cf cr sru�f.,H: ¢,,.� ..� rB, �¢, �e rvstrw� oua'ta
dS� C?, 7�eF.. U27, � q. i t �L � ('af the Solhsci
1 �� ! QunRrdSd43.
c `_ �` ^ — �., 1 �� � :+MP. �7, Nny. 2:
��v� V.�. � � � �� +�.�� �. .
1
M I 4� / ' t
yU � .
� �r =• lY '
,:� � � €' a � !
s
� �h I aaovosEO a�,RCa �ESC�uanav
� t " I That part of the Noithwe 's.+ Queiter of dw �otrkheest Qua�ter of
h��a � Section 03, Towrtship 027, Range Z1. Weshington Covrty. MinnesQke,
� � � � + desu �ed es follows:
�� ' Beg�ning at the northe�t rnme� of said Nwtl�west qwrtw� of the
��`� � Soulheest Queiter; thence Nat3� S9 degrees 15 minutes 13 secaids
,r j i West assumed bearing alarg the nortt� Ine of sid No�thwest
�' ��~ � Querter of the So�ast QuarEer, 66.D0 feet to the west lirve of tfie
:r L_ `
--.� E.st 66.00 feet, thereof; thence Soud, 01 degree 22 minutes 14
� seconds West, a'ong seid west line of the East 66,00 feet, e distence
_ f of 888.57 feet: thence South 39 degre?s 57 minutes Ol seconds
r "�� , �;. rf, '' West 67.93 feet in the centeriin? of Mili�ry Roed; thence
N w� southeesterly 13° a 0 feet abng sa�d cerrterl�ne to H�e east line of said
�;; � ,,. �. No�tf�wes# Querter of the Soutlieest Quarter� thence Noith Ol d?gree
`vi � � N 22 minu�s 14 seconds Edst elong said east line, a diskerxe of
I =° 1023.32 fee: to th? point of beginning.
� r,
' z
Sad parcel conta�ns t1.56 xits (r63,96i squdre 6eet).
!
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onzonte �t n
FItE NAh� 19380I7341r/01.dwg PRN. N0. 193601734 DRAwM DJR g�
I HER�Y �RTIFY THAT THIS PLAN, SPEQFICAIION. OR REpOitT
NiAS CREDARED B'i f-0E OR lXVD6'i MY DIRECf St1P62VISION
Ah'D T}IAT I IU�I A DUL� LICENSED PROFESStOFl4� t,�4ND SiDFiVEYOR �/'�
UNDER THE LqV.S OF Ti�lE SiAIE OF MIh'IESOTA "" ,/�
pRtrtT N,4�•?E: DANIEL ). ROEBER � �r�'
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SIGkATUIRE: �
pp� MAY 29, 2013 C, h� 43133
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2335 West HpMway 36
SG Paul, M9�155113
P1�K: 651-636-1600
FO�x: b51-63Cr1311
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EXHIBIT I
Descriptions of Easements to be Conveyed by SWIND to the City for Drainage,
Utility and Trail Purposes
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N0. 63
LEGEND
� Drainage, UUlity and
Trail Easement
SHEET 1 �F 2 SHEETS
FILE NAME 1938t)1734V6111.dwq �PRO�. no. 1938��1734 �pru,Wn; D]R
I HEREBY CERTIFY THAT THIS PLA'V, SPECIFICATION, OR REPORT
WAS PFEPARED BY ME OR UNDER MY DIRECf SUPERVISION
A10 THAT I AM A DULY L[CE15ED PROf�552011A1 LAND SURVEYOR
UNDER TNE LAWS OF THE STATE OF PIINNESOTA
PRINT r<an�E: DANIEL l. ROEBER
SIGNaTURE: "'"' ��
pArF JUNE 6, 2c�13 _ i I� ���. 43133
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2335 West Highway 36
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Fax:651-636-1311
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CITY 0 F COTTAG E G ROV E
CITY OF COTTAGE GROVE
URAiNAGE, UTILTIY, AND TRAIL EASEMENT
a permanent easement for dra!nnge, utility and trail puiposes over, under, and acroz that paR of Tiact C, REGISTE0.ED LAND SURVEY N0. 63,
on file and of record m the office of the Regi:trar of 7;Ues, wa:hinqton County, Minne:ota, aid eaxmm[ de;aibed as follows:
Commencmq at the soothwest corner of said Tract C; thence Noith OS deqrte 12 m�nutr 45 seconds East, a;sum�d beaiinp alonq the wr.t
line of ,aid Tract C, 123_.25 feet to the most norther <omer of Outlot E, EASTRIDGE WOO�S, atca�ding tv Me rcoerded plat thereof, said
Washmgton Couniy, Minnr.ota, :aid po�nt be+ng tbe point of beqmnmq of the easement Co be draibed; thentt Soutli 41 degree; 11 mmutes
=5 seconds EasC, alonp che north line of said Outlot B, 636.71 feet; [hence South OI de9���s 1� minutr. 45 :zconds Wes[, alonq the east line
aF :aid Outlot 8 and iL• southerly eztens�on, 607.45 fee[; thence Sou[h 55 degree: 5= minute; a9 ceconds Ea:t, 53.55 feet; thence
southeasteriy 4�.E� feet along a tanqential curve concave to the northeast having iad�vs of 73.00 Feet and cential angle of 33 deqrees 36
minutr. 44 seconds; thence South S? degrees 29 m�nute; 33 seconds East tanqent to la:t de:aibed a�ve, 131.21 feet; thence noRhFasteiiy
4=.13 fcet along a tangential curve concave to tho northwr.[ having a radius of 73.00 fert and ten4al angle c` 33 degrcr. 03 mmutc 56
secend.; [hence North 57 daqree, �6 minutes 31 second. East tangent to las[ de.cnbed cwve, 54.44 ftet; thence noiLhea:teriy IS.DO feet
along a tangenL�al cuive toncave [u [he :outheast havinq a radms of 26.00 Feet and cenhal angle of 33 degrez; 03 minutr. 56 second.; thence
South 89 de9ree; J9 minutes 33 :ecends Ea;t [anqent to last desaibed cwve, 19.03 ket to the wrt line of OuUot C, of sa�d v�at of
EASTRIDGE WOODS; [hente Noith O1 deg�'ee 1: minu[ec 45 :econdc East, alortg said wect line of Outlot C and i� no�theiiy ex,en:ion, 1_OS.SO
feet; thence Noith 74 deqrees OS m�nute: 37 :xconds west, 790.�6 feet [o the west line of ;aid Tract C; thence >cuth OS degree 1� minutr
a5 :econd: We:t, along :aid west line of Tract C, a di:[ance of :7.54 feet; thence South 6? degree: 57 minute: �5 :econd; Ea:[, 13.7C feet;
thence easte� ly and southea,terly 15.95 feet along a tangential cwve �oncave to the :outh having a radiw of 40.00 feet and cential anqle of
:� deqrees 4� minu[es 30 seconds: thence South 67 de0��ees la mmu[es 55 :econds East tanqent to la:t dex�ibed curve, 17.35 feet thence
South 4a deqree: :: minutes 39 :econd: We:t, 39.65 feet; [hence Noith 44 deqrae: �t4 minutes 07 :econd: Wr•t, :6.EE ket to ;aid we:t line
of Tract C; thence South O3 degree 1� minvtr 45 .econdo West along :aid we.t line of Tiad C, 68.2� feet; thmce No�th 44 degirG 53
miwte: 19 :econds East, 9.a= feet; thence South 44 degrrr 35 minutr IS :eronds Ea::, a3.21 Feet; i+�ence North 4= degrt�r o0 m;nute: __
cecond; East, 39,80 feet; thence NoRh 44 de9rces 44 minutes 07 :econds West, 46.44 fert; therxe North 44 depreas 22 min�tes 39 .ewnd.
Eas[, 59.64 feet; thence South 66 deqree, 3; minutr 2E ,econds East, 7.31 feet thence southeastaiy 54.57 feet along a tanyen[ial cuive
concave to the no�theast havinq a rad�w oF I30.00 feet and central anqle of 37 dcyiee: 16 minutr i� :econds; then<e South S3 deqrer, a5
minutes 45 .econd; Ea.t, tangen; Yo la.t de;cribed curve, 1I9.17 feet; thence South 74 degrets 0_ minute, 19 second, EasC 53.35 fret;
thence South O1 degret; 13 minutc 36 :econd: Eact, =F30.19 Feet; thm<e South &D degrer; 31 minutes 56 seconds EasC 3�7.61 feet; thena
6outh 15 deqrer �0 minutr 59 second; East, =5.01 feet; thence ,outhea:terly 29.07 feet along a bnqential curve concave to the no�theast
hawnq a radius of 110.00 feet and central anqle of 15 deprees O8 minutes 33 .-,econds; thena South 30 deqi� �9 minutes 3= :econds East,
tangent to la;t de;oibed curve, 8a._3 feet; Ihtnce :outheastaiy and :outherly 26.53 fert along a tangential c�rve conwve to the wrt haviny
a radiw of 40.00 feet and central anglt of 38 degrees �5 minutes 31 seconds; thence South 07 degr'ee; 56 minute; 00 seconds Wect, tanqent
to last deccribed curve, 1_a.6_ feet; thence So�th OS degrees 1� minutec a5 serond, West, 3S7J� feeh, thence ,authaiy �1.0& feet along a
Canqential cwve concave to the ea.: having a rad�us of 90.00 feet and central anqle 13 degrer. �5 min�tr. 15 :econd;; thmce South L'
deqrees 1= minutes 30 :ecOndc Enst tanqent to last de.cribed curve, 74.33 fee[; thence southe�iy 55.50 fect nlong a tanqential airve concave
to the we:t havinfl a radius of 90.00 feet and cenVal anqle of 35 deqi�ee� �0 minutr OS secondo; thence �outh �3 deg��ee; 07 minute; 35
:econd: We.t, tanpent to last described curvr, 39.53 feet; thence southwe.trrly 3_.�4 fttt alonq a tangenGal cu�ve concave to tlx :outheast
havinq a �adiu: of 110.00 feet and <entral angle of 16 drgree: a7 minutes 6� :econds; thence South 06 degrce: 19 minuh: 5� xcond: Wr.t
tanqent to las[ desu�ibed curve, 1.�0 Fee[; thence Noith 77 deqrees 55 m�nutes 57 ;econds We:t, Si.34 fee[; thence South 12 deq�er, 04
minute: 03 second: We:t, =0.00 feet; [hence South 77 deqrce: SS minute: 57 second: Ea�, 85.35 feet; thence South 06 degree. 19 minu[r.
5� seconds We.t, Z1.07 feot; thence South 0_ degrer 52 minutes 41 :econd: Ea.t, 72.94 feet; tlunce South S7 d�qree: 26 minutr. 31
:ewnds West, 73.69 feet; thence southwesteiiy and westerly 19.04 feet alonq a tanqenGal curve mncave to the noithwr.t having a�adiu; of
33.00 feet and central angle of 33 degrees 03 minutes 56 :econds; thence North 89 degree: =9 minute; 33 seconds We:t, tanflmt to last
de:cribed cuive, 131.21 feet; thrnce wr.trrly and noithwrlerly 19.36 feet along a tanqrntial cwve conwve Lo tfie northmat having a iad�us
of 33.00 feet and centrol angle of 33 degrees 36 m�nutr. 44 seconds; thence North 55 deq�re: 5_ mrnu[es 49 reconds Wrst tangent to last
dr,cribe curve, 51.14 feet; thmca North 01 deqrees 12 minutr 45 seconds Eas., �37.3� Feet; thmce North Oi deqree; 50 minute; =5 ;econd;
East, 2GE.67 feet; [hmce North Ol deqrees 56 minu[es 07 second. East, 147.01 feet; chence noithe�iy and noithwr.ceiiy �SS.SS frt alonq a
tangential curve concave to the ;oothwt.[ having a rodius of 300.00 fee[ and cenC•at angle of a� degixr 5= min�te: 10 :ecands; thence Noith
46 deqrees Sd mmutes 03 .econds We.t, 71.50 feet; thence northwesterly 43.4: feet alonq a tanqential curve corxavt to the noithta� havinq
a iadiu: of ,90.00 feet and cmtrol angle of II degree. 34 minutr. 57 ;econd:; thmce No�tfi 3S degrees 19 minute; 06 xcond: Wr.t, tangent
to la:t described cw 69.30 fret; thence no�thwrterly 130. ] 1 feet along a tangeneal curve wncave to [he �uthwest having a iadiw ef
010.00 feet and cen4�al ang�e of 1� drgree: 13 minutes 14 semnd.; [hence North SO degrees 3� minutes 20 .econds West, [angen[ to la�[
described cuive, 56.63 feet; thence no�thwe:te�iy 65.75 f�et atong a tangentiat cwve havinp a rodi�: of �90.00 feet and oent�al anpk of i�
deqrees 59 minutr �S seconds; thence Noith 37 deqrees 3: minvtr. 55 secands Wes[, Wnqent to last dexiibed cmve, 17J6 feet thence
North 4_ degrees 17 minutem 33 :econd. East, 2�.22 feet; thence No�th 47 degree. 4� minutec =6 :econds WGt, ,0.00 feet; thence South 4�
degree. 17 minates 34 second; We;F, 17.6= Feet; thence North 34 deflree. 45 mmute: O::econd: Wr.t, 60.3� feet; thence Soutfi 50 deyree;
a5 minutec :4 seconds West, 9.85 feet m;aid west tine of Trrct C; thence South O1 degree; 1� minutes 45 :econds we,t along said wes:line
of Tract C, a distance of 41A2 feet to Me po�nt of beginninp.
Said perm�nent ea:ement contains f=3:;511 :QUare feet (t4.86 au
N�h1E
vRO1. No. 193801734
I HEREBY CERTIFY THAT THIS PLAti, SPECIFICATION, OR REPORT
WAS PREDARED BY ME OR UNDER MY DIRECf SUPERVISION
AND TH1T I AM A DULY LICE\SED PROFESSIO\AL LAND SUFVEI OR
UNDER THE LAWS OF THE STATE OF MINNESOTA
PrunT naME: DANIEL J. ROfBER
si�Narur.�: � �'�'�"
p JUNE 6, 2n13 uc. r�n. 43133
5HEET 2 OF 2 SHEETS
�ruwti DJR suRVev
,� �''� SL PaYI OlT1ae
,� 2335 West Mghway 3fi
j,,r+y, S[. Paul, MN 55113
<;i�� Phone:651�35-4600
Fa�c 651-63fr1311
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CITY O F COTTAG E G R4VE
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NAME
DRAINAGE, U7IUTY, AND TRAIL EASEMEfvT
A permanent easem?nt for drainage, utildy and traii Durposes over, under, and across
that part of the East 20.D0 acres of the Northeast Quarter of the Southwest Quarter of
Seciion 03, Township 027, Ranqe �1, 1Nashinpton County, Minnesota, said Dermanent
easem?nt is described as follows:
Commencing at the southeast corner oF said East ?0.00 acres of the Northeast Quarter of
the So�thwest Quarter; thence North OS degree 1? minutes 45 seconds East, assumed
bearin9 alonq the east line of said East 20.00 acr?s oF th? Northeast quarter of the
Southwest Quarter, 38.89 feet te the point of beginninq; thence con[inuing North Ol
degree 1? minutes 45 seconds East, along said east lin?, b8.?'_' feet; th?nce North 44
degrees 44 minutes 07 seconds N,�est, 18.55 feet; thence South 45 deprees 34 minutes
35 seconds West, 39.44 feet; thence South a4 degrees 35 minutes ! 5 sxonds East,
46.14 feet;thence Sou[h 44 deqrees 53 minutes 19 seconds West, 58.91feet;thence
so�[hwesterly 17.�5 feet along a tangential curve concave to the southeast having a
radius of 104A� feet, centrai angle of 9 deqrees 46 minutes 36 seconds and a chord
bearinq of Souih 40 degrees 00 minutes 01 seconds West; thence South 51 de9rees 34
minutes 50 seconds East, not tangent to last described c�rve, 6.05 feet to the south line
of said East 20.09 acr?s �f th? North?ast Quarter of the Southwest Quarter; thence
Soukh 89 d?grees 14 minutes 09 seconds East, alon� said south line of the East 20.00
acres, thereof, 17.57 feet; thence north?asterly 4.75 feet along a non-tangential curve
concave to the southeast having a radius of 84.00 feet, central angle of 03 d?�rees 14
minutes 23 seconds and chord bearing of North 43 de9rees 16 minut?s OB seconds Eas[;
thence NoRh 44 deqre?s 53 minutes 19 seconds East, tangent to last d?stribed curve,
a9.30 feet to the point of beqinninq.
AND
A permanent easement for �ra�nage, utility and [rail purposes over, under, and across
that part of the East ?0.00 acr?s of the Northeast Quarter of th? Southwest Quarter of
Section 03, Township 027, Ranq? �1, �Nashinqton County, Minneso[a, said permanent
easement is �escribed as follows:
Comm?ncing at the southeast corn?r of said East _0.00 acr?s of the Northeast Quarter of
the Southwest Quarter; thence North O1 degree 1? minutes 45 seconds East, assumed
bearing alonq the east line of said East ?0.00 acres of the North?ast Quarter of the
Southwesi Quarter, 1�6.''1 feet to the point of b?ginninq; thence centinuing North O3
degree 1? minutes 45 seconds East along said east line of th? East _O.DO acres, a
distance of 673.93 feet; the�ce North 7� degrees 3? minutes 09 seconds West, _^3.48
feet; thence South 07 degrees 55 minutes 32 seconds West, 13'?.04 fe?t; thenc?
south?rly 34.74 fzet aiong a tangentiai curve [o th? east having a radius of ?10.00 feet
and cen[ral an�le c+f 09 d?grees �8 minutes 46 seconds; thence South �l d?gre? 33
minut?s 14 s?conds East tangent to last described curv?, 131.?? feet; the�x? southerly
39.56 fe?t along a tangential cur�e concave to [he w?st having a radius of 190.00 feet
and central angie of 11 degrees 55 minutes 50 sxonds; thence South 10 degrees ?�
minut?s 36 seconds West tangent to last described curve, 9?.3� feet; thenc?
southwesterly, southerly and southeasteriy 76.31 feet along a tangential curv? concave
to the east havin9 a radius of ?10.00 feet an� central angle of?0 d?grees 49 minutes 11
seconds; thence South 10 d?9rees ?6 minutes 35 seconds East iangFnt to last described
curve, i68.0� fe?t; [henc? southeasterly 16.65 fe?t alonq a tan�ential curve concave [o
th? northeast having a radius of 13.00 f?et and c?nt21 angl? of 79 degrees 30 minutes
SI seconds; [hence South 89 degr?es 57 minutes ?5 seconds East tanqent to last
described curve, 2.69 feet to the point of beginning.
Said dreinaqe, utility and trail easement contains t27,563 square f?et (t0.63 acres)
�.EGEND o w loo
lio� ¢v�l�
� Drainaqe, Utility and
Trail Easement
no. 1938ci1734 �p��,; D]R �suRVer
I HEREBY CERTIFY THAT THIS PLAN, SPEQFICATION, OR REPORT
WAS PREGARED BY ME OR UNDER MY DIRECf SUPERVISION
AND THA7 I AM A DULY LICENSED PROFESSIO��AL LAND SUnVEYOR
UNDER THE LAWS OF THE STATE OF MtNNE50TA.
PwnT naME: UANIEL ]. ROEBER
SIGNATUftE: � ��
DATE �UNE 6, 2(�13 ��. Nfl. 43133
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2335 West H'�ghMray 36
SL Paul, MN 55113
Phone: 651�36�1600
F�c 651-636-1311
rvww.starrt�c.00m
EXHIBIT J
Specifications for Portable Drill-Type Electric Operator for Gate Structure
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TP� �#=�ri�� t�-�nc�s^e�iiF.:; t���c� is wseci �c3
t1�it�7tP:�n `ac:[ia�,tao� �w�ii.h � ti�r���dvJh?ei a�r�c:tdy
��a taci�sed t� tY'�e ctpc�rz�tin� nu�. co��c�ar �✓+ri��t3
t'r;�� stem. Tt��is driv�:s the nu�[ at a
cart� � to-or �e r�.°i€�.
Tf�e° Cerrr °cr�3nK Cyp�` i.� �rsec� t� �eriaCe �r�
actu�tc�r �n.iTn � hs��izcmra( in�uP. shaft� tiv� gicF�i
cfrives G`ic� op�ra[irn� nui trt�cs.+gFi:a riqhr
<<�g� q�=_ar set C�riv� r�tic��� a��* 2u�il�ble to
�p� r�tF uirru=�Ry �ny y�te, bu: �P: sh�uld bc
nat����� th�t at f��i[�1� i r�tios, e�,g., greater tn�ri
c� t tri�° tiir,c c�r�d eftort io m�nu�l�y opz�r
�� � larg� c��r:e is su�star�tiai_ �XJhe� �rank.
typ� rr���uai actuatars aFe tc tae frec�uenti3�
used, or wher � ehey require m�rty tGa; ns fcar
Pu�l ga�e trave pr,t2ab1< c�per�tar� sh�u3d
�e ��ruiderc� (s2e c�mtnerrt� in'PtzrCaL�l�
C�p°raCOrs ��ctivn t>efowi-
tntercanr�ect�d Rctuators: For
g�tes wi[h a Id�'ge Width+eiative To th��ir
t?ei�Yt[, as is c:cmmon u�itt7 ove°rflc��v v�€e'rrs,
iritercon��ct�d cr��k Cyp� �ct�t�atc�s vs�itt�i
n cc�rnman inpui �rovfd� accur�te p:�s)tionlr�
ar��i smnath p�er�tion. 7�hese issemblies m���
t�<� rn��ju�(ly czperated ar ��i€,crrie�liy dnv�n.
9�'�6"�z��{E: C��Bf3k"�$C3!°�w Elr��`tric� [rr <g�Snlir7�
pow�reU portaE�l� oper�C�r� aP v�rrocaF cc,n
�i�ut�*ions c�ar� b� prc�viele-d to efrive cr<�ni� �y�:
��tu,ainrs Cc}r'i�iair rhe faci.,ry for cir��ils.
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usr:a f�r hrgh�rloacl�, �ricaf �perar,�� s�cec.�
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,�Cec� wiirr rePaTiv� fr��q!s�.n y. �1��cC ir �c?uaYars
c2�ri �;rc�viclr remr�[e cor�t�o( �f Gc�t� � �,iria�r f
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_ . � LICENSE AGREEMENT
THIS LICENSE AGREEM:ENT ("License") is made and entered into this day o€
, 2014, by and between the South Washington Watershed District, a watershed district
with purposes and powers as set forth in Minnesota Statutes Chapter 103D (the "SWWD"), with its
principal office at 2302 Tower Drive, Woodbury, MN 55125 and the City of Cottage Grove a
Minnesota municipal corporation (the "City"), with its principal office at 12800 Ravine Parkway
South, Cottage Grove, MN 55016. � .
WI�REAS, the SWWD is the owner of real estate in the City of Cottage Grove, County of
Washington, State of Minnesota, which is legally described on the attached E�ibit A and
incorporated in this License Agreement (the "SWWD Property"); and �
WIiEREAS, the SWWD and the City entered into an agreement dated , 201�
regarding the East Ravine Ar�ea Stormwater Facilities (the "Agreement") wherein Section 9.1 of the
Agreement, as consideration for the City allowing the SWWD to place significant regional
stormwater storage and infiltration �acilities within the City, the SWWD agreed to glant the City a
license to use the SWWD Property for open space purposes; and
NOW THEREFORE, the parties agree as follows:
1. Use. The SWWD grants to the City, with respect to such title and interest as the
SWWD may have in the Pxoperty, and upon the terms and conditions stated below, on a revocable,
non-exclusive basis, the permission and right to use the SWWD Property for open space purposes.
The City may construct improvements on the Property that are consistent with open space use at the
City's sole cost and expense. Such improvements may include, but are not limited to, landscaping,
paths, ponds, and trails. The City sha11 notify adjacent residential neighborhoods of its proposed use
�of the SWWD Property whenever possible and feasible. Any improvements installed by the City on
the SWWD Property must be maintained by the City in good order and state of repair at all times.
The City may remove improvements upon the termination of this License Agreement at its expense.
The City understands that the primary use of the SWWD Property is for conveying local and
regional surface water. Therefore, any use of the SWWD Property by the City must not reduce tha
439550v1 SJS CT155-55
stormwater storage volumes on the SWWD Property or negatively impact the conveyance of
stormwater within the SWWD Property. The City's right to use the SWWD Property is granted
only for the term of this License as set forth below, and only for the purposes set forth above.
2. Term. This License shall terminate upon either party giving the, other party actual
written notice of such termination at least 180 days prior to� termination. Any improvements
installed by the City remaining on the SWWD Property on the terminati�n date of this License shall
become the property of the SWWD at no expense to the SWWD. '
3. Safety and Maintenance. The City agrees to: a) lceep the SWWD Property in a
sightly condition at all times, at the City's sole expense; b) keep the SWWD Property fiee from all
rubbish, wasta, dirt, debris and obst�ructions of any sort; and c) lceep the SWWD Property in a
condition as required by law, 3ncluding by the ordinances of tha City of Cottage Grove.
4. Hold Haj7nless and Indemnitv. The City, its officials, employees, and agents agree
to indemnify, defend and hold harmless the SWWD, its off'icials, employees, and agents from any
and all claiins, losses, damages, liabilities, causes of action, judgments, costs, or expenses because
of personal injury, death, or property damage caused by the City or its invitees' use of the SWWD
Property pursuant to this License. The City also agrees to hold the SWWD harmless for any
damage caused to improvements constructed on the SWWD Property by the City that are caused by
stormwater inf'iltration and conveyanca. The SWWD, its officials, employees, and agents agree to
indemnify, defend, and hold harmless the City, its officials, employees, and agents from any and a11
claims, losses, damages, liabilities, causes of action, judgments, costs, or expenses because of
personal injury, death, or property damage caused by the SWWD or its invitees' use of the SWWD
Property.
5. SWWD Reserved Rights. The SWWD reseives the right, at any time and from time
to tune, to malce such use of the SWWD Property as it may desire, at its sole discretion and for any
purpose. In the exercise by the SWWD of the foregoing xights, it will use its best efforts not to
unreasonably interfere with the City's improvements or activities on the Property. However, the
SWWD shall not in any event be liable for inconvenience, annoyance, disturbance, or other damage
to the City, or the impxovements on the SWWD Property, by reason of the exercise of the foregoing
rights or any other rights of the SWWD to enter into or use the SWWD Property, and the
obligations of the City under this License shall not be affected in any manner. It shall ba the
responsibility of the City to reinstall or otherwise maintain any of its improvements that have been
disturbed or displaced on the SW WD Property.
6. Non-exclusive License. This License is issued subject to any prior licenses,
easements, leases or othex such rights granted by the SWWD for improvements of other par
The SWWD resezves the right to license others to install improvements in, on, or under, or along the
SWWD Property provided that same shall not interfere unreasonably with the City's use of the
SWWD Property authorized by this License.
7. Assi i�nt. The City shall not assign, sell, delegate, sublet, or otherwise �ransfer or
encumber in any manner whatsoever, all or any portion of tha rights, duties or obligations under this
License without the written permission of the SWWD.
8. Costs. The City shall be responsible and timely pay all charges and expenses in any
439550v1 SJS CT155-55 2
mannex associated with the City's activities under this License.
9. Recordin�. Either party may record this License against the SWWD Property in the
land recoxds of Washington County. �
10. Govezmin�Law. The parties agree that the interpretation and conshuction of this
License Agreement shall be gov'erned by the laws of the state of Minnesota, without regard to such
state's conflict of laws provisions. � �
11. Execution. The parties agree that an executed copy of this License Agreement is as
efFective as the original.
12. Amendment. This License may be amended only by a written amendment signed by
both parties. � ,
13. Relationshin of Parties. Nothing in this License shall be interpreted or constiued as
a partnership or joint venture between the City and the SWWD concerning the City's use of or
construction of improvements on the SWWD Property. This License shall not be interpxeted to be
any type of lease or easement to the SWWD Property and does not convey an interest in the SWWD
Property to the City.
14. Severance. Should any portion of this License be declaxed invalid and
unenforceable, then such portion sha11 be deemed to be severed from this License and shall not
affect the remainder thereof.
15. Default. If any default is made by the City in any of the agreements contained in
this License, it sha11 be lawful for the SWWD to declare the tertn ended and to enter the SWWD
Property, either with or without legal process, and to remove the City or any other person occupying
the SWWD Property, using such foxce as may be necessary, without being liable for prosecution, or
for damages, and to repossess the SWWD Property free and clear of any rights of the City.
439550v1 SJS CT155-55 3
IN WITNESS W�lEREOF, the City and the SWWD have caused this License AgYeement
to be duly executed in their names and on their behalf
CITY OF COTTAGE GROVE
By:
Myron Bailey
Its: Mayor
By:
Ryan Schroeder
Its: City Administrator
STATE OF MINNESOTA )
) SS.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this , day of �, 2014,
by Myron Bailey and Ryan Schroedex, the Mayor and City Adminis�rator, respectively of the
City of Cottage Grove, a Minnesota municipal corporation, on behalf of the City.
Notary Public
This document was drafted by:
Kennedy & Graven, Chartered (SJS)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 �
439550vi SJS CT155-55 q,
SOUTH WASHINGTON WATERSHED
DISTRICT
By:
Jacic Lavold
Its: President
By:
Matt Moore
Its: Administrator
STATE OF MINNESOTA ) ,
) SS. �
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of � , 2014,
by Jacic Lavold and Matt Moore the Pxesident and Administrator, xespectively of the South
Washington Watershed Dist�ict, a watershed district with purposes and powers as set forth in
Minnesota Statutes Chapter 103D, on behalf of the district.
Notary Public
439550v1 SJS CT155-55 5
EXHIBIT A
� ,����. r �.r�,`L3`�"'-+�� r - �r�'}=�'";x-7 � .
Le a1;ci�sc i�'zon�.of t1i�S> � �Pro e�stofjbe� ro�'idecl����=� �►-
� �g,�t��.��,.,� � . .�. ..� � f:��� ._�L.��Y«�s�,� .�:_.z _..�.�_Y � � )
� �� � .
439550v1 SJS CT155-55
PERMANENT PUBLIC DRAINAGE AND MUNICIPAL UTILITY
EASEMENT AND AGREEMENT
AND TEMPORARY CONTSTUCITON EASEMENT
�
This indenture, made this /g'�day of ���, 2013, by and between The
South Washington Watershed District, a municipal corporation under the laws of the state of
Minnesota, (hereinafter "Grantor"), and the City of Cottage Grove, (hereinafter the "City")
WITNESSETH:
WHEREAS, the Grantor above named is the owner in fee simple of real estate located in
the County of Washington, State of Minnesota, being described as follows:
PARCEL A
That part of Tract C of REGISTERED LAND SURVEY NO. 63, on file and of record in the
office of the Registrar of Titles, Washington County, Minnesota, described as follows:
Commencing at the southwest corner of said Tract C; thence Nl°12'45"E, bearing assumed,
along the west line of said Tract C, a distance of 1232.25 feet to the point of beginning of the
land to be described; thence S41°11'25"E a distance of 636.72 feet; thence S1°12'45"W a
distance of 756.79 feet to the south line of said Tract C; thence S89°29'33"E, along said south
line, a distance of 335.08 feet; thence Nl°12'45"E a distance of 1271.86 feet; thence
N74°OS'37"W a distance of 790.26 feet to said west line of Tract C; thence S1°12'45"W, along
said west line, a distance of 249.47 feet to the point of beginning.
Containing 14.36 acres, more or less.
Subject to that part taken for 70 Street and easements of record, if any. and
... ;
_.
The East twenty (20) acres of the Northeast i/4 of Southwest 1 /4, Section 3, Township 27 North,
Range 21 West, Washington County, Minnesota
WHEREAS, that the Grantor in consideration of the sum of One and 00/100 Dollar
($1.00) and other good and valuable consideration, to them in hand paid, by the City, the receipt
of which is hereby acknowledged, does hereby grant, bargain, quit claim and convey unto the
the location, construction and maintenance of the public drainage and utilities (hereinafter
collectively referred to as "Maintenance"), provided:
1. Upon completion of the Maintenance, the City must restore the land area
disturbed by the Maintenance.
2. The City agrees to indemnify and hold harmless Grantors, and their
successors and assigns, � against any and all liability, loss, damages,
mechanic's, materialmen's or other liens or claims, and all costs and
experises, including reasonable attorneys' fees which Grantors, or their
successors or assigns, may hereafter sustain, incur or be required to pay by
reason of any negligent act or omission of the City, its employees,
off'icers, contractors or subcontractors arising out of Maintenance of the
Easement.
To have and to hold the same, together with all of the hereditaments and appurtenances
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANI�.
3
To have and to hold the same, together with all of the hereditaments and appurtenances
thereunto belonging, or in anyway appertaining, to the City, its successors and assigns forever.
In testimony whereof, the parties agree to the foregoing terms, and they have hereunto set
their hands the day and year first written above.
Date: �
Date; � � ��
By:
Its:
By:
Its:
SOUTH WASHINGTON
WATERSHED DISTRICT
JacYc Lavold
�
Donald L. Pereira
Secretary
CITY OF COTTAGE GROVE
Date:
Date:
By:
Its:
By:
Its:
Myron Bailey
Mayor
City Clerlc
0
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2013, before me a notary public
within and for said County, personally appeared Myron Bailey and
to me personally known, and by me duly sworn, did say that they are the Mayor and City Clerk
of the City of Cottage Grove, a municipality named in the foregoing instrument, and that the seal
affixed to said instrument was signed and sealed on behalf of said municipality by authority of its
City Council, and that they have executed the same as their free act and deed on behalf of the
municipality.
Notary Public
STATE OF MINNESOTA )
COUNTY OF �-� �-�y/��/7%Y��ss. ACKNOWLEDGMENT
y� .�
On this � day of �� ��'��� 13, tiefor� me a notary public within and
for said County, personally appeared Jacic Lavold and Donald L. Pereira, to me personally
lcnown, and by me duly sworn, did say that they are the President and Secretary of the South
Washington Watershed District, a body politic and corporate under the laws of Minnesota,
named in the foregoing instrument, on behalf of said District by authority of its board of
managers, and that they have executed the same as their free act and deed on behalf of the
District.
�pyN W, CLINTON
a NOTARY PUBLIC-MINNESOTA
'�.;`-.+�� My Commission Expires Jan. 31, 2015
�
State Deed Tax Due Hereon: None
This Instrument was Drafted By:
JACK W. CLINTON, P.A.
Jacic W. Clinton
539 Bielenberg Drive, Suite 200
Woodbury, MN 55125
Attorney Reg. No. 17413
Telephone: (651) 389-9923
0
a2013 Westwood Profeaional Sarvkee.
East line of the Northeost Quarter of fhe
Soufhwest Quarter of Sec_ 3, Twp. 27, Rge 21 -,
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' N89 ° 14 09 "W 6D.14 — y
� Point of Beqinning"�`"' �— Point of commencement;
� . Southeost corner of fhe
• \ Northeast Quarfer of the
�- South line of the Northeast Quarfer of the Southwest Quarter of
Soufhwesf Quarter of 5ec. 3, Twp. 27, Rge 21 • Sea 3, Twp. 27, Rge 29
�— Wesf line of Tract C, Registered Land Survey No. 63
Easement E�rlu'bit
^� ���i �r n �n -, -,
�: V l\ V L_ l 1 v L/ , � �i
A 60.00 foot permanent easement for d�ainage and utility purposes /yrng over, under and across
fhaf part of Tract C of Registered Land Survey No. 63 on file and of record in . the office of the
Register of Titles and the Northeast Quarter of the Southwest Quarter of Section 3, Township .27,
Range 21, alI in Washington County, Minnesota, the centerline of which is described as follows:
Comrnencing at the southeast co�ner of said Northeast Qua�ter of the Southwest Quarter of
Section 3; thence North 89 deqrees 14 minutes 09 seconds West, assumed bearing along fhe
south line of said Northeast Quarter of the Southwest Quarter of Section 3, o distance of
60.14 feet to the point of beginning of the centerline to bs described; thence North 48 degrees
22 minutes 06 seconds East, a distance of 1�94.88 feet to a souther/y line of Out/ot l,
EASTR/DGE WOODS, according to the reco�ded p/at thereof, said Washington County and said
centerline there terminating. .
TOGETHER W/ TH:
A 700.00 foot temporary construction eosement /ying over, under and across that part of said
Tract C of Registered Land Survey No. 63 and the Northeast Quorter of the Southwest Quarter of
Section 3, Township 27, Range 21, the cenferline of which is the above described centerline.
/*
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on .
Easement for drainage and utilify purposes area = 11,692.8f sq. ft.
a• �• �•
Temporary construction easement area = 19,578.3f sq, ft. Shee� 1 OF 1
The sidelines of said easements are to be pro/onged or shortened to terminate at said south line
of the Northeost Quarter of the Southwest Quqrter of Section 3, the souther/y line of Outlot l,
EASTR/DGE WOODS and west line of said Trocf C of Registered� Land Survey No. 63 which lies south
of the south line of the Northeast Quarter of the Soutfiwest Quarter of Secti 3
Dafe 11/18/13
.
���► , .�.�.•
Westvvood Professlonal Servlces, inc,
7699 Anagram Drlve
Eden Prairie, MN 55344
PHONE 952-9375150
FAX 952-937-5822
TOLLFREE 1-888-937-5150
www,wesLwoodps.com
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Cayden
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Cottage Grove, Minsiesota
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