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Home My WebLink About2014-10-15 PACKET 04.G. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � � DATE 10/15/14 � . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR *****�**�*�***�*�************�*************�**** COUNCIL ACTION REQUEST Consider approving a drainage and utility easement for 8600 Keats Avenue South. STAFF RECOMMENDATION Adopt the resolution approving the drainage and utility easement for 8600 Keats Avenue Southy. BUDGET IMPLICATION: $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS � MEMO/LETTER: Memo from Ryan BurFeind dated 10/9/14 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Permanent Drainage and Utility Easement ADMINISTRATOR'S COMMENTS �' _ �' ,�%� � �- ity Administrator Date ********************�*****�**********�*********� COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage Grove � Pride ana P Meet To: Honorable Mayor and City Council Ryan Schroeder, City Administrator From: Ryan BurFeind, P.E., Project Engineer Date: October 9, 2014 Re: 8600 Keats Avenue Drainage & Utility Easement Backqround There is currently an outlet of the City storm sewer system located on the property at 8600 Keats Avenue, constructed in 1995 as part of the adjacent development of Pine Meadows 5th Addition. This pipe discharges on western portion of the property, at which point stormwater from the pipe follows through a natural ravine before crossing under Keats Avenue. A concern from the property owner regarding erosion in the ravine was brought to the attention of the City, which was reviewed by City Staff. Discussion During development of Pine Meadows 5th Addition, an analysis was completed of the storm- water runoff that would be discharged from the storm sewer system onto 8600 Keats Avenue. Prior to development, the natural stormwater runoff path was through the ravine on 8600 Keats Avenue, and based on the analysis flows, was not expected to increase as a result of the development. At the time, a drainage and utility easement was not obtained for the entire flow path through the ravine. An easement was only obtained to encompass the storm sewer outlet. Upon inspection of the property there was erosion present in the channel, specifically in the western portion of the property where the channel is narrower and more constricted. In order to stabilize the erosion present in the channel, the City worked with the property owner to obtain a drainage and utility easement from the storm sewer outlet to the eastern property line adjoin- ing CSAH 19 (Keats Avenue) right-of-way. As part of obtaining this easement, the City will be responsible for stabilization of the erosion in the channel. This work will be conducted by City Public Works staff, at an estimated value of $6,500 (internal labor and materials). The City worked with the property owner to develop the following plan of work: 1. Place fabric and rip rap along the corner where erosion is taking place near the septic drain field. This will involve some reshaping in the area of the curve to create a shal- lower slope where the rip rap will be placed. 2. Install two rip rap ditch checks upstream of the drain field, to help reduce the flow rates of the water in the channel. Honorable Mayor, City Council, and Ryan Schroeder 8600 Keats Avenue Drainage & Utility Easement October 9, 2014 Page 2 3. Place new rip rap around the 24-inch storm sewer outlet, and use the rip rap to create a settling basin to help reduce the flow rates. The City plans to complete the proposed improvements during the fall of 2014. As part of the easement the City will be responsible for continued maintenance of the improvements. Recommendation It is recommended the City Council approve the drainage and utility easement for 8600 Keats Avenue South. PERMANENT UTILITY AND DRAINAGE EASEMENT THIS PERMANENT UTILITY AND DRAINAGE EASEMENT ("Easement") is made, granted and conveyed this day of , 2014, between Adeline C. Banttari, a single person ("Landowner") and the City of Cottage Grove, a municipal coiporation organized under the laws of the State of Minnesota ("City"). The Landowner owns the real propei�ty situated within Washington County, Minnesota as described on the attached Exhibit A("Landowner's Property"). Landowner does hereby grant and convey unto the City, its successors and assigns, the following: A pei�rnanent easement for utility and drainage purposes and all such puiposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon that real property legally described and depicted on Exhibit B("Permanent Easement Area") attached hereto and incoiporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to the construction, maintenance, repair and replacement of any sanitary sewer, water mains, stortn water facilities, drainage facilities and any utilities, underground pipes, culverts, conduits, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. The Pet�nanent Easement rights further include, but are not limited to, the right of ingress and egress over the Pet�rnanent Easement Area to access the Pei7nanent Easement for the purposes of construction, maintenance, repair and replacement of any sanitary sewer, water mains, stoi�n water facilities, drainage facilities any utilities, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. Page 1 of 7 EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and seivants: a) to enter upon the Peimanent Easement Area at all reasonable times for the puiposes of conshuction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of this Easement; and b) to maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and c) to remove fiom the Per7nanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the pipes, conduits, or mains and to deposit earthen material in and upon the Permanent Easement Area; and d) to remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governinental immunity defenses, statutozy or otherwise. Further, any and all claims brought by Landowner, her successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statute, Chapter 466. The Landowner, for herself and her successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that she is well seized in fee of the Landowner's Property described on Exhibit A and the Pei�rnanent Easement Area described and depicted on E�ibit B and that she has good right to grant and convey the Pei7nanent Easement herein to the City. (SIGNATURES ON FOLLOWING PAGE) Page 2 of 7 IN TESTIMONY WIIEREOF, the Landowner and the City have caused this Easement to be executed as of the day and year first above written. CITY OF COTTAGE GROVE Myron Bailey, Mayor Caron Shansky, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Myron Bailey and Caron Stransky to me personally known, who being each by me duly swoin, each did say that they are respectively the Mayor and City Clerlc of the City of Cottage Grove, the municipality named in the foregoing instiument, and that the seal affixed to said instiument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Clerk acicnowledged said insh�ument to be the free act and deed of said municipality. Notaiy Public Page 3 of 7 LANDOWNER Adeline C. Banttari STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2014, before me a Notary Public within and for said County, personally appeared Adeline C. Banttari, a single person to me personally known to be the person described in and who executed the foregoing instrument and she acknowledged that she executed the same as her free act and deed. � Notary Public This instrument was drafted by and after recording, please return to: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 633 South Concord Street, Suite 400 South St. Paul, Minnesota 55075 (651)451-1831 Page 4 of 7 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real Property located in the City of Cottage Grove, Washington County, Minnesota, described as follovvs: E.660 feet of the S1/half of the S1/half of the NE1/4 of Section 15, Township 27 N., Range 21 W. Page 5 of 7 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A 20.00 foot permanent easement over, under, and across that pai�t of the East 660.00 feet of the south half of the south half of the Northeast Quarter of the Southeast Quarter of Section 15, Township 027, Range 21, Washington County, Minnesota, the centerline is described as follows: Commencing at the northwest corner of said East 660.00 feet of the south half of the south half of the Northeast Quai�ter of the Southeast Quarter; thence North 00 degrees O1 minutes 32 seconds West assumed bearing along the west line of said East 660.00 feet of the South half of the South half of the Northeast Quarter of the Southeast Quarter, a distance of 2.51 feet; thence South 73 degrees 24 minutes 51 seconds East, 59.98 feet to the point of beginning; thence continuing South 73 degrees 24 minutes 51 seconds East, 10.00 feet; thence South 63 degrees 27 minutes 52 seconds East, 32.55 feet; thence South 25 degrees OS minutes 32 seconds East, 20.95 feet; thence southeasterly 8.00 feet along a tangential curve concave to the northeast having a radius of 15.00 feet and central angle of 30 degrees 33 minutes 07 seconds; thence South 55 degrees 38 minutes 39 seconds East, tangent to last described curve, 29.55 feet; thence southeasterly, easterly and northeasterly 14.01 feet along a tangential curve concave to the north having a radius of 11.00 feet and central angle of 72 degrees 57 minutes O1 seconds; thence Not�th 51 deg�ees 24 minutes 20 seconds East tangent to last described curve, 14.18 feet; thence North 58 degrees 50 minutes 35 minutes East, 8.20 feet to a point hereinafter referred to as'Point A' and said 20.00 foot permanent easement there terminating. Together with a 30.00 foot permanent easement over, under, and across said East 660.00 feet of the south half of the south half of the Northeast Quai�ter of the Southeast Quarter, the centerline of said 30.00 foot easement described as follows: Beginning at said aforementioned Point A; thence North 58 degrees 50 minutes 35 seconds East, 45.42 feet; thence North 74 degrees 36 minutes 44 seconds East, 29.39 feet; thence Noi�th 89 degrees 38 minutes Ol seconds East, 40.13 feet; thence Noi�th 86 degrees 16 minutes 35 seconds East, 308.70 feet; thence South 56 degrees 14 minutes 18 seconds East, 33.82 feet; thence South 89 degrees 08 minutes 49 seconds East, 45.72 feet to the east line of said Northeast Quarter of the Southeast Quarter and said 30.00 foot permanent easement there terminating. The sidelines of said 30.00 foot pertnanent easement are prolonged or shortened to terminate on said east line of the Northeast Quarter of the Southeast Quai�ter. � Said pei7nanent drainage and utility easement contains �14,689 square feet (�0.34 acres). Page 6 of 7 DEPICTION OF PERMANENT EASEMENT AREA (Part of Exhibit B) ° 2 I CITY OF COTTAGE GROVE ow `'�"',. ^� /` �� NathlineoftheSou[hhalfofthe �, ��,`� r I _ \� / oftheSOtRheaztQuarterof5cc.15 � �- � (�// S o �>R311.0� ��y`�}N 3�G �J��u r"" 86°16'�� G ../ � i � p=38°22'20' G � o � � �J C i � � fi p5L y c� G � i �/ � .y9s ; � - °. ° y �'� ti ^�tiy��' � ' ' � �' o ti 0 .' ti � � 5 � h6 , y 'Y , �� ,�i / 0 2 � R � 2 s `'v+ 5 �'� a P [ 53 0 `' �' 4 ° • `' � I d �' w�°� v'' o F- �i ,c� ti`'.o't y y I/ 1 � �,\ o' � °, �, � �§� � 30��' 2 � 2 `� ° �� '" � � �' (7 'h °` ° � � o m , ��J � c,h`' ry �h o� m\ T\Y�`�� [-� L �; ��S �'� o m � POINT A � �,� �� , � a o d .£ §� I�vLii t vi JLii t � � ag� �� ,> e�'� PID: 15-027-21-41-0003 z �� C � � � 8600 KEATS AVENUE SOUTH � � � `� t�A ° a `�� \ =z � �aa �� L 3 `o in � J South Iine ofthe South haiFofthe r- SouN halfof the Northeart QuaRer / ofthe5outheaStQuarterof5ec,35 1 n DRAINAGE AND UTILITY EASEMENT F��v��• `� � � A 2Q.00 foot permanent easement over, under, and across that part of the East 660.00 feet of the south half of the south half of the Northeast Quarter oF the Southeast Quarter of Section 15, Township 027, Range 21, Washington County, Minnesota, the centedine is described as follows: Commencing at the northwest corner of said East 660.00 feet of the south haif of the south half of the Northeast Quarter oF the Southeast Quarter; thence North 00 degrees Ol minutes 32 seconds West assumed bearing along the west �ine of said East 660.00 feet of the South half of the South half of the Northeast Quarter of the Southeast Quarter, a distance of 2.51 feet; thence South 73 degrees 24 minutes 51 seconds East, 59.98 feet to the point of beginning; thence continufng South 73 degrees 24 minutes 51 seconds East, 50.00 feet; thence South 63 degrees 27 minutes 52 seconds East, 32.55 feet; thence South 25 degrees OS mfnutes 32 seconds East, 20.95 feet; thence southeasterly 8.00 feet along a tangential curve concave to the northeast having a radius of 15.00 feet and central angle of 30 degrees 33 minutes 07 seconds; thence South 55 degrees 38 minutes 39 seco�ds East, tangent to last described curve, 29.55 feet; thence southeasteriy, easterly and northeasterly 14.01 feet along a tangential curve concave to the norEh having a radius of 11.00 feet and centrai angle of 72 degrees 57 mfnutes 01 seconds; thence North 51 degrees 24 minutes 20 seconds East tangent to last described curve, 14.18 feet; thence Notth 58 degrees 50 minutes 35 minutes East 8.20 feet to a point hereinafter referred to as 'Point A' and said 20,00 foot permanent easement there termfnating. Together with a 30.00 foot permanent easement over, under, and across said East 660.00 feet of the south ha�f of the south half of the Northeast Quarter of the Southeast Quarter, the centerline of said 30.00 foot easement described as follows: Beginning at said aforementioned Point A; thence North 58 degrees 50 minutes 35 seconds East, 45.42 feet; thence North 74 degrees 36 minutes 44 seconds East, 29.39 feet; thence North 89 degrees 38 mfnutes 01 seconds East, 40.13 feet; thence North 86 degrees 16 minutes 35 seconds East, 308.70 feet; thence South 56 degrees 14 minutes 18 seconds East, 33.82 feet; thence South 89 degrees 08 minutes 49 seconds East, 45.72 feet to the east line oF said Northeast Quarter of the Southeast quarter and said 30.00 foot permanent easement there termfnating. The sidelines of said 30.00 foot permanent easement are prolonged or shortened to terminate on said east line of the Northeast quarter of the Southeast Quarter. Said permanent drainage and utility easement contains t14,689 square feet (f0.34 acres). � LEGEND 0 5�°�'°° I Permanent � Horizontal5caleInFeet � Drainage & Utility Easement � � I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT �� i� SURVEY < WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION �� H �� ' '� PW AND THAT i AM A DULY LICENSED PROFESSIONAL IAND SURVEYOR �;� � UNDER THE LAWS OF THE STATE OF MINNESOTA. 4 PRINT NAME: DANIEL J. ROEBER St Paul Office DRAWN � / 2335 West Highway36 DJR P -�`- �/ Saint Paul, MN 55113 �� SIGNA7URE: / /�" ''Cr' ^-- Phone: 651-636-4600 PROJ, NO. a g� SEPTEMBER 22, 2014 A3133 Fax: 651-636-1311 6 � o DATE C. NO. Website:www.stantec.com 193802274 Page 7 of 7