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Home My WebLink About1998-06-24 PACKET 04.E.REQUE$T OF CITY COUNCIL ACTION CC7UfVCIL AGEfVDA MEETING iTEM # � �:� � DATE 6/24/98 , PREPAF2ED BY Administration Ryan Schroeder C7RlGINATING DEPAR�`MEN°� : TAF� AUTHOR ��.«.4.�.,�<��..�..�...�.««..��.........�...� • � • � �� Approve the Public Utilify Easement Agreement for U.S. West. SUPPORTING DOCUMEfVTS ❑ N1EM0/LETTER: ❑ RESOLUTION: ❑ ORDINAtJCE: ❑ ENGItJEERING RECOMMENDA710N: ❑ �EGAL RECOMMENDATION: � OTHER: Agreement ADMINISTRATORS COMMENTS � �� ity Administrator Date r x a w.e w a r e s e w x x x a e m c e .x a m r a a a� a n a n � a s.c > ro x> r a r e a a c COUNCIL ACTIOIV TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER � June 8, 1998 EVERGREEN LAND SERVICES CO. 6ll0 BLUE CIRCLE DRIVE, SU'ITF. 140 MINNF,TONKA, MN _55343 OfCee (612)-930-3100 Fas (612)•935•0862 Ivlr. Ryan Schroeder City Administrator 7516 80th Street South Cottage Grove, MN 55016 SUBJECT: Easements for U.S West. Dear Mr. Schroeder: —` � J � , c�� o � � ; � i , � ' J � i; ' u i998 I V� I have enclosed three signed easements for U.S. West. I have also enclosed a copy ofthe letter from Alma Fitzloff requesting a signed easement to be sent to her as well as a copy of the recorded easement. If you have any questions please call me at (612)930-3100. Sincerely, � �� Steve Carlson Right of Way Agent Successfully serving our clienfs f 2p s years • 1972 - 1997 June 4, 1998 Evergreen Land Services Co. 6110 Blue Circle Drive, Suite 140 Minnetonka, MN 55343 Dear Steven Carlson: I enclose the three signed oriainal "Public Utility Easement and Agreement" documents to you. I understand you will mail back one original to me to forward to U S WEST Communications. We will also require a copy of the recorded document after you have recorded it in Washington County. If I can help you further please call me on 612-559-4733. Sincerely,�� Alma Fitzloff 6222 Chesshire Ln. N. Maple Grove, MN 55311 Contract Broker for CB Commercial Exclusive agent for U S WEST Communications ✓ PUBLIC UTTLTTY EASEMENT AND AGREEMENT TFIIS II�TDENTURE, made this _ day of , 1998, by and between U5 West Communications, Inc., a Colorado Corporation, Grantor(s); and the City of Cotta�e Crrove, Washington County, Mnnesota, (Grantee). WITNESSETH: WHEREAS, Crrantor is the owner in fee simple of the reat estate hereinafter described. That for and in consideration of the sum of Three Thousand and no/100's Dollars ($3,000.00) and ather good and valuable consideration, the receipt of which is hereby acknowied�ed, Grantor has this day bargained and sold, and by these presents does bargain, sell aad transfer unto the City of Cottage Crrove, its successors and assigns the following: A perpetuai non- exclusive euement for public utiiity putposes with ihe r�gfit t� enter upon the real estate hereinafter described at azry time that it may see fit, and construct, maintain and repair any lines, equipment, materials, or other items for public utility purposes, for the purpose of maintaining, repaidng or repiacing the said public urilities over, across, through and under the lands hereinafter described, together with the right to excavate and refiU ditches andlor trenehes for the location of said public utilities, and the further right to remove uees, bushes, uadergrowth, and other obstructions interfering in the location, construction and maintenance of said public Sidewalk and utilities. That said public Sidewalk and utility easement located in the County of Washington, State of Minnesota, is described as follows, to-wit: A perpetual easement for public utility purposes over, under and across that north 10 feet of the south 70 feet of that part of the Southwest Quarter of the Southeast Quarter of Section 8, Township 27, Range Z1, Washington County, Minnesota, described as follows: Beginning at a point on the south line of said Southwest Quarter of Southeast Quarter of said Section 8, said point being 1700 feet west from the southeast corner of said Section 8; thence North at right angles to the south line of said Section 8, 300 feet; thence west at right angles 300 feet; thence south at right angles 300 feet to the south line of said Section 8; thence east on the said south line of Section 8, 300 feet to the point of beginning, subject to the public road over and across the south 60 feet of said tract, according to the United States Government Survey thereof. Indem�itv. Grantee shall indemnify, defend and hoid Grantor harmless from and against any liability, claims, damage, cost of expense which may result from Grantee's use and enjoyment of the Easement Property, or the failure of Grantee to comply with the terms of this Easement, except to the extent such claims arise from the gross negligence or wilful misconduct of Grantor, its officers, agents, employees, licenses or invitees, Crrantee hereby assumes any risk involved in respect to the putpose for which this Easement is granted, and does hereby release and discharge the Grantor from any Iiability for loss, damage or injury incurred by Crrantee arising out of Crrantee's entry or presence upon the Easement Property. Abandonment In the event that Crrantee shali abandon the rights granted to it under this Easement, all right, title and interest hereunder of Grantee shall cease and terminate, and Grantor shail hold the Easement Property, as the same may then be, free from the rights of Grantee so abandoned. Failure to use the Easement Property for a period of 3 years or more shall constitute evidence of abandonment. 12iSp.ule�. Any claim, controversy or dispute, whether sounding in contract, statute, tort, fraud, misrepresentation, or other legal theory, related directly or indirectly to this Easement shall be resolved by arbitration in accordance with the applicable rules of the Americain Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered in any court hauing jurisdiction thereof. The arbitration shall be conducted in the county in which the Easement Property is located. There shall be no discovery other than the exchange of information which is provided to the arbitrator by the parties. The arbitrator shall have the authority only to award compensatory damages or equitable relief, and shall have no authority to awazd punitive damages or non-compensatory damages. Bind�� Effect The Easement shall e�end to and be bindingupon the successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Easement shall be construed as covenants running with the land A�zplicable Law. The Grant of Easement shall be interpreted and enforced according to the laws of the State of Minnesota. TO HAVE AND TO HOLD, said perpetual non-exclusive easement and right-of-way unto the City of Cottage Crrove, Washington County, Minnesota, its successors and assigns, forever. Grantor does hereby covenant with the City of Cottage Grove, that it is lawfully seized and possessed of the real estate above described. IN WIT'NESS WI�REOF, the said parties have caused this instrument to be executed the day and year first above written. GRANTOR(S): U S WEST Communication , In ., a� do c rpo tion By: It's: GRANTEE City of Cottage Grove By: It's: THIS INSTRUMENT WAS DRAFTED BY: Evergreen Land Services Company 6110 Blue Circle Drive, Suite #140 Minnetonka, M1V 55343 , � s• , � ;..,.:._-� . �� , ,,, . - • • _..' .. The foregoing instrument �, 1998, by � •T. ( before me this � day of ��I2- State of Colorado Teresa L. Nelson Notary Public GRANTEE: CITY OF COTTAGE GROVE By: It's: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON} ��,/�-/ Notary Pub ic l_.VC�'1.(Y�t.GA�.mv'� � �� 3 �\5� 2 � By: It's: On this _ day of , 1998, before me, a Notary Public, in and for said County and State appeared and to me personally known, who being by me first duly sworn, did say that they are respectively the and of the City of Cottage Grove, by authority of the City Council of the City of Cottage Grove, and said and acknowiedge said instrument to be the free act and deed of said City of Cottage Grove. Notary Puhlic