HomeMy WebLinkAbout7D - Northwood Road
DATE:
7D
LARRY ANDERSON, DIRECTOR OF PUBLIC WORKS
CONSIDER APPROVAL OF EASEMENT AGREEMENT
WITH PROPERTY OWNERS FOR NORTHWOOD ROAD
CONSTRUCTION PROJECT 94-02
MAY 6, 1996
AGENDA #:
PREP ARED BY:
SUBJECT:
INTRODUCTION:
The purpose of this Agenda item is to approve an easement
agreement between the property owners and the City in an area
where there is a property line dispute and to define payment of the
amount for the easement acquisition.
BACKGROUND:
During the easement acquisition process, it was determined that
two property owners have a property line dispute in an area where
the City will install utilities. Steven Kaye of Popham, Haik,
Schnobrich & Kaufman, L TD suggested developing an easement
agreement to protect the City and allow the City to acquire the
necessary easements to install the utilities.
The attached easement agreement serves two purposes:
1. It permits the City to acquire the property neceS.lry for the
project without involving the City in the property line dispute;
and
2. It permits the property owners to grant the City the easement,
without the property owners resolving that dispute at this time.
The easement agreement provides that the cost of the easement to
the City will equal the amount the City is assessing the property
owners for the improvement. The City will pay the property
owners for the easements.
The Brown and Cooke property will be assessed $5,919.20 and
$6,215.16 respectively for the improvements. These amounts are
less than the amount which the City budgeted for in anticipation of
a Commissioners Award for the two parcels, and does not increase
the project's costs.
1620QF~a~~reek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTCNITY EMPLOYER
DISCUSSION:
The easement agreement allows the City to construct the
improvements and a method of payment for the easement
acquisition without resolving the dispute between the two property
owners. The dispute remains a private matter to be resolved
without City involvement.
ALTERNATIVES:
The alternatives are as follows:
1. Approve the easement agreement between the City and the
two property owners.
2. Deny the easement agreement for a specific reason.
3. Table this Agenda item for a specific reason.
RECOMMENDATION: The recommendation is for Alternative No.1.
FINANCIAL IMP ACT: The easement acquisition for the two parcels will be completed
within the established budget for the project.
ACTION REQUIRED: Make a motion and second to approve the easement agreement and
authorize the Mayor and fity Manager to execute the agreement.
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AGEASEAG.DOC
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-<;
PEltMANENPr PUBLIC SEWER, UTILITY AND DRAINAGE
EASEMENT AGREEMENT
TIllS EASEMENT AGREEMENT (the "Agreement") is effective as of
~~_. \ \~, 1996, by Gerald W. Cooke and Sue Elizabeth Cooke, husband and wife
(col eCli~ely, the tlCookes"), Calvin D. Brown and Merrilee Brown. husband and wife .
(collectively, lIle "Drowns"), and the City of Prior Lake, Minnesota (the "City").
RECITALS:
A. The Cookes are the owners of a fee simple interest in certain real property
locmed in Prior Lake. Minnesota approximately described on Exhibit A attached hereto
(hcreinM'ter referred to as the tlCooke's Property'.).
D. The Browns are lbe owners of a fee simple interest in certain real propeny
located in Prior Lake, Minnesota approximately described on ExhibitB attached hereto
(hereinafter referred to as the "Brown's Property").
C. The City desires to reconstruct and improve that portion of Nonhwood Road
lying between CSAH 12 and Island View Road pursuant to Project Numbers 94-02
(hereinafter reCerred to as the "proJec.t'").
D. To complele the Project, the City desires to obtain from the Cookes and the
Drowns, and lhe Cookc.s and the Browns desire to convey to the City upon the terms and ~
conditions hereof, a permanent sewer. utility and drainage easement over the real property
legally des-.:ribed on Exhibit C allached hereto (the "EasenJent Area").
E. A dispute has arisen between the Cookes and the Browns (but not the City)
regarding the location of the comnlon boundary line between the Cooke. s Property and a
portion of the Brown's Property. To separate that dispute from the purposes of this
AgreelDcnt. the Cookes and the Browns ha~e agreed to jointly execute this Agreement
AGREEMENTS;
NOW, THEREFORE, in copsideration of One and No/lOO Dollar ($1.00), the receipt
and surficicn~y of which is hereby acknowledged, in consideration of the foregoing Recitals
and fur oUler good and valuable consideration, the parties hereto hereby cove~1ant and agree
as follows:
1. IncorooratJon of Recitals. The foregoing Recilals are hereby incorporated, by
reference merelO. into the body of this Agreement as Ulough the same had been fully set forth
herein.
2. Grant of Permanent Easement.
Q. Bv tbe Cookes: The Cootes hereby unconditionally, irrevocably and
absolutely grant, bargain, sell and convey to the City. its employees, representatives
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and agents the permanent right. privilege, authority and easement over, across, upon
and through that portion of the Easement Area located wilhin the Cooke's Properly for
the purposes of conslructing. operating, maintaining, repairing and removing the
Project.. Such easement shall include the right to grade and excavate the Easement
Area for the purpose of constructing operating, maintaining, repairing a public sewer.
public utilities, public drainage and other public improvements, and the right to
remove bushes. trees, shrubs, landscaping and other obstructions interfering in the
location and consttUction of said improvements.
b. By the Browns: The Browns hereby unconditionally, irrevocably and
absolutely grants, bargains, sells and conveys to the City, its employees.
representatives and agents the permanent right, privilege, authority and easement over.
across, upon and through that portion of the Basement Area located within the
Easement Area for the purposes of constructing. operating, maintaining. repairing and
removing the Project. Such easement sball include the right to grade. and excavate the
Easement Area for the pUJ1lose of constrUcting, operating, maintaining. repairing a
public sewer. public utilities, public drainage and other public improvementst and the
right to remove bushes. trees. shrubs, landscaping and other obstrUctions interfering in
the location and construction of said improvements.
3. Duration of Easement. All of the provisions of this Agreement relating to the
~asements contained in this Agreement shall remain in full force and effect in perpetuity.
4. Ti tIe to Pro-perty_
B. Cooke's Propertv: The Cookes represent and warrant to and covenants and
agrees with the City. to the best of their knowledge and belief. that: (a) they are the
owner of a fee simple interest in the Cooketg Property and have full power and
authority to enler into this Agreement. and (b) Ule Cooke's Propeny is free and clear
of any lien, encumbrance, easement, restriction, covenant or condition.. except for those
filed of record with the County Recorder or Registrar of Titles (whichever appropriate)
in and for Scott County, Minnesota.
b. Brown's Property: The Browns represent and warrant to and covenants and
agrees with the Cily. to the best of their knowledge and belief. that: (a) they are the
owner of a fee simple interest in the Brown's Properly and have full power and
authority to enter into this Agreement, and (b) the Brown's Property is tree and clear
of any lien, encumbrance, easement, restriction, covenant or condition, except for those
filed of record with the County Recorder or Registrar of Titles (whichever appropriate)
in and for Scott County, Minnesota.
5. Covenants of Cltv.
a. To the Cookes: In consideration of the easement granted by the Coates, the
City agrees that, during the construction of the Project within the Easement Area and
on the Cooke's Property. the City shall indemnify the Cookes for any injury or
damage to the Cooke's Property resulting from the City's use of the Easement Area
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which is not contemplated by this Agreement or the Project. except for that resulting
from the negligence of Ute Cookes-
b. To the Browns: In consideration of the easement granted by the Browns, the
City agrees that. during the construction of the Project within the Easement Area and
on the Brown's Property. the City shall indemnify the Browns for any injury or
damage to the Brown's Properly resulting from the City's use of the Easement Area
which is not contemplated by this Agreement or the Projec~ except for that resulting
from the negligence of the Browns.
6. Sdpulatlon of Dismissal. It is hereby stipulated belween and among the City,
the Cookes and the Browns that the City's Petition in the condemnation proceeding captioned
8S In the Matler of Condemnation bv the Citv of Prior Lake. Minnesota of Certain Lands tlY:
City of Prior Lake, Court File No. 96~01898. shall be dismissed without prejudice and without
costs. disbursements or attorneys' fees to either party.
a. ComDensation for Cookes: The Cookes agree lbal the value of the interests
in the Cooke' s Property acquired by the City in the above-referenced proceedings
equals the sum of the special assessment amount for the Project assessed against the
Cook's Property and the tax parcel of which the Cooke's Property is a part. Payment
will be made after the special assessment hearing for the Project. The Cookes forever
and fully waives any and all rights they may have La seek an award of an additional
compensation or to appeal any assessment by the City for the Project.
b. ComDensation for Browns: The Browns agree that the value of the interests
in the Brown's Property acquired by the City in Lhe above-referenced proceedings
equals the sum of the special assessment amount for the. Project assessed against the
Brown's Property and the tax parcel of which the Brown's Property is a part.
Payment will be made after the special assessment hearing for the Project. The
Browns forever and fully waives any and all rights they may have to seek an award of
an additional compensation or to appeal any assessment by the City for the Project.
7. Boundarv Line DlsDute: By enLering into this Agreement, neither the Cookes
or the Browns waive or release any rights or interests each may have in asserting the location
of the boundary line between the Cooke's Properly and the Brown's Property.
8. Provisions Separable. Invalidation of anyone or more of the provisions
hereof shall not affect any of the other provisions. which shall remain in full force and effect
until the dates herein provided.
9. ~overnin2 Law. The provisions hereof shall be governed in accordance with
and construed under the laws of the State of Minnesota.
10. Al11endment. This Agreement and any provision herein contained may be
terminated, extended, modified or amended, only with the express written agreement of the parties hereto.
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11. Blndlne Effect. The Easement shall run with the Cooke's Property and the
Brown' s Property, be a servitude thereon, benefit the City. and sball be binding upon and
inure to the benefit of the parties hereto and their respective successors, assigns, guests,
tenants, agents and invitees.
lZ. ~ounterDarts. This Agreement may be ex~cutecJ in counterparts.
IN WITNESS WHEREOF, the parties hereto have hereunto set their respective handa
as of the date rU'St-above written.
"COOKES"
B
~.
By
"BROWNS"
Calvin D. Brown
~.. -1;.~
Merrilee Brown
By
CITY OF PRIOR LAKE
By
Its
By
Its
. .
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STATE OP MlNNBSOTA
)
) 5S.
CO~OF~~~7r )
nl
The fon:&omg insuumenl was acknowledged before me this J.r day of ....f1rJ-t., L-
Gerald W. Cooke and Sue Elizabeth Cooke, husband and wlCe.
lA.J~ll~ 1~~
No Public
. MATTHEW S. STORM
MOt""r PU8ltC M,"'UOT A.
· · MY COMM'S510N EXPIRES
JANUARY 31, 2000
'f!!
Tho foregoing lnsltUDlent was acknowledged before me this .ft.:.. day of ~.e.., l.-
Cal"iln D. BJ'OWII and Menilee Brown, husband and wife.
. 1996. by
COUNTY OF ~ l..o7"T
)
) 55.
)
STAlE OF MINNESOTA
. 1996, by
~1;/),<PH) A j~~
Nolary Public
-
. MATTHEW S. STORM
NOlA.' PU5l1C MlHNUOfA
· · MY COMM'SSION EXPIRES
1"1 JANUAI' 31,2000
COUNTY OF SCOTI
)
) 55.
)
STATE OF MINNESOTA
The foregoing insuument was ada1Qwledged before me this _ day of . 1996, by
ud .~
and , respectively, of the City of Prior Lake.. a -
Minnesota municipal corporaUon on bebalf of said municipal corporatlon.
Nowy Public
nus INSTRUMENT DRAFTED BY:
Popham. Ha1k.. Schnobricb & KaufJlWl. Lid.
Suile 3300, 222 South Ninlh Street
MinneapoUs. MN 55402
(612) 333-4800
(SAKayc)
'J0Il2J0105 I 3(20196
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EXHIBIT A
COOKE'S PROPERTY
PAllCEL 5
A strlp of land 24.00 feet in width over that part of Lot 60, Nortl1wood. accordlnC to aald plat 00 file
and of record in the office of the County Recorder. Scott County, Minnesota. the Northwesterly lIne of
which 18 described as follows:
Commencing at the Southwest comer of the Southwest Quarter of the Northwest Quartet of Sectlon 3,
TOW08hlp 114. R~ge 22, Scott County. Minnesota; thence Northel'ly along the West Uoe of said
Southwest Quaner of the Northwest Quarter a distance of 255.03 feet; thence NortheaSterly. den~Ung
to the right 63 degrees 16 minutes 31 seconds a distance of 475.48 feet to &he point of beJiDDing of
the line to be l1erelnafier described; thence continuing Northeasterly. along the Northeasterly exteDslon
of the last described llne, a distance of 206.70 feel; thence deflecting to the left 10 degteea 18 minutes
37 seconds a distance of 120.00 feet and mere terxn!naUng.
Said strip of land is to extend by its full width from the Northeasterly right-of-way llne of Northwood
Road as dedicated in said plat to a line drawn Soul..heasterly from said point of tenninatloD,
perpendicular to said above described line.
And that part of said Lot 60 which lies Westerly of the following described llne.
Beginning at point on the Southwesterly line of said Lot 60, distant 40.00 feet Southeasterly of the
Northwest corner of said Lot 60 as measured along said Southwesterly line; thence Northerly to a ..
point on the Northerly llne of said Lot 60, distant 20.00 feet Easterly of said Northwest comer of Lot
60 as measured along said Northerly line and there tennlnating.
PARCEL 17
A strip of land 24.00 feet in width over that part of Lot 59, Northwood. accordIog to laid plat OD lile
and of record in the office of the County Recorder, Scott Count)'. Mlonesota. the Northwestezly. Uoe of
which is described as follows:
Commencing at the SouUnvest comer of the Southwest Quarter of the Northwest Quarter of Section 3.
Township 114, Range 22. Scott County, Minnesota; thence Northerly along the West llne of said
Southwest Quarter of tl1c Northwest Quarter a distance of 255.03 feet; thence Northeasterly, deOectlng
to the right 63 degrees 16 minutes 31 seconds a distance of 475.48 feet to the point of beginning of
the line to be hereinafter described; tllence continuing Northeasterly. along the Northeasterly extension
of the last described line, a distance of 206.70 feet; thence deflecting to the left 10 degrees 18 minutes
37 seconds a distance of 120.00 feet and there tenninatlng.
Said strip of land is to extend by its full width from the Northeasterly rlgltt-of-way Une of Nonhwoocl
Road as dedicated in said plat to a Une drawn Southeasterly from said point of te.nnlnatloD,
perpendicular to said above descdbed llnc.
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EXHIBIT B
BROWN'S PROPERTY
PARCEL 4
Lot 61" Northwood, according to said plat on file and of record in the office of the County
~order" Scott County. Minnesota.
PARCEL'
A suip of land 24.00 feet in width over that part of Lot 59, Northwood" according to said plat
on fde and of record in the office of the County Recorder, Scott County, Minnesota, the
Northwesterly line of which is described as follows:
Commencing at the Southwest comer of the Southwest Quarter of the Northwest Quarter of
Section 3, Township 114, Range 22. Scott County, Minnesota; thence Northerly along the
Weslline of said Southwest Quarter of the Northwest Quarter a distance of 255.03 feet;
thence Northeasterly. deflecting to the right 63 degrees 16 minutes 31 seconds a distance ot
475.48 feet to the point of beginning of the line to be hereinafter described; thence continuing
Northeasterly, along the Northeasterly extension of the last described line, a distance of
206.70 feet; lhence deflecting to the left 10 degrees 18 minutes 37 seconds a distance of ...
120.00 feet and there terminating.
Said strip of land is to extend by its full width from the Northeasterly right-of-way line of
Northwood Road as dedicated in said plat to a line drawn Southeasterly from said point of
termination, perpendicular to said above described line.
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EXHIBIT C
EASEMENT AREA
PARCEL S
A permanent and perpetual easement for public sewer, uUllty, and drainage purposes over, aao...
l.IpoD aDd under the real property legally described as follows:
A strip of land 24.00 feet in width over Ulat part of Lot 60, Northwood. accordlDI to ald plat
on me and of record In the office of the County R.ecorder, Scott County * Mlnneaota, the
Northwesterly line of which 1s described as follows:
Commencing at the Southwest comer of the Southwest Quarter of the Northwest Quarter of
Section 3. Township 114, Ital'lge 22, Scott County, Minnesota; thence Northerly along the
WeBt line of sald SouUlwest Quarter of the Northwest Quarter a dlstance of 255.03 feet; tbence
Northeasterly. deflecting to the right 63 degrees 16 minutes 31 seconds a distance of 475.48
feet to the polnt of beginning of the line to be hereinafter described; thence continuing
Northeasterly, along the Northeasterly extension of the last described llne, a distance of 206.70
feet; thence deflecting to the left 10 deg(~ 18 nllnutes 37 seconds a dlst3Jlce of 120.00 feet
and there terminating.
Said strip of land is to extel~d by its full wldlh from the Northeasterly right-of-way line of
Northwood Road as dedicated in said plat to a line drawn Southeasterly from said poillt of
termination, perpendicular to said above desalbed line.
A temporary easement for construcl1on purposes over, acrOS8t upon and under Ulat part of said Lot 60
legally described as follows:
That pan of said Lot 60 which lies Westerly of the following described line.
Beginning at point on the Southwesterly llne of said Lot 60* distant 40.00 feet SoutheaSterly of
the Nonhwest comer of said Lot 60 as .measured along said Southwesterly line; theDce
Northerly to a point on Ute Northerly line of said Lot 60, distant 20.00 feet Easterly of said
Northwest comer of Lot 60 as measured along said Northerly line and there terminating.
Said temporary easement to expire July 1. 1997.
PARCEL 6
A permanent and perpetual easement for public sewer, utility, and dnUoage purposes over, aaoss.
upon and under the real property legally. described as follows:
A strip of land 24.00 feet In width over that part of Lot 59, NOI1hwood, accol'dlng to said plat
on file and of record in the office of the Count)' Recorder, Scott CountYt Minnesota, the
Noathwe&terly line of wh1ch is described as fol1ows~
Commencing at the SOUtllWest corner of the Southwest Quarter of the Northwest Quaner of
Section 3* Township 114, Range 22, Scott County. Minnesota; thence NQnhedy along the
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West line of said Southwest Quarter of the Northwest Quarter a distance of 255.03 feet; 1beD&e
Nol1heasterly, deflecting LO me right 63 degrees 16 minutes 31 s~nds a distance of 41.5.48
feet to the point of beginning of the llne to be hereinafter described: thence continuing
Northeasterly, along the Nonheasterly extension of the last described line, a distance of 206.70
feel~ thence deflecUng to the len 10 degrees 18 minutes 37 seconds a distance of 120.00 feet
and there terminating.
Said strip of land is to extend by lIB full width from the Northeasterly right-of-way J1nc of
Northwood Road as dedicated in said plat to a line drawn Southeutcrly tNm sald polot of
t.e.nnlnatlon, perpendicular to said above desaibed line.
PARCEL 11
A permanent and perpetual easement for public sewer, uUUty, and dmlnage purposes over, laOS..
upon and under tile real propeny legally desaibed as rouows~
A suip of land 24.00 feet in width over that part of Lot 59. Northwood, accotdlng to said plat
on file and of record in the office of Ule County Recorder, Scott County, Mlrmesota, the
NS:n1hwesterly line of which is described as follows:
Commencing at the Southwest corner of the Southwest Quarter of the Northwest Quartcc of
Section 3, Township 114, Range 22, Scott County, Minnesota; thence Nonh&:rly along ~
West line of said SoUth\;lcst Quarter of the Northwest Quaner a distance of 255.03 feet; thence
Northeasterly. deflecting to the right 63 degrees 16 nllnuleS 31 seconds a dlstDnce of 475.48
r~t to the polnt of beginning of lhe line to be hereinafter described; thence (X)ndnuing
Noc1heasterly. along \he Northeasterly extensIon of the last desa1bed line. a dlsta.DCe of 20CS.70
feet; thence deflecting tQ the left 10 degrees 18 minutes 37 seconds a dJSWlce of 120.00 feet
and there terminating.s
Said strip of land is to extend by its full widlh from the Nonheasterly light-ot-way Une of
Northwood Road as dedicated 1n said plat to a line drawn Southeasterly from said poInt of
termination, perpendicular to said above descrlbed line.
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CONSENT TO EASEMENT
The undersigned holder of that certain mortgage dated October 31. 1986 and flied J8IlUIIIY 2,
1987 as Document No. '36845, In Ute Office of the Reglstrar of nUes. Scott 'CoUnty~ Minnesota, does
hereby consent to and approve of the terms and conditions of that certa1D pERMANENT PUBUC
SEWER, UTIUTY AND DRAINAGE EASEMENT AOREEMENT,lDCludlna the stipulation for
dismissal and waiver of clalms set forth therelll, and the tillng of ludllostrWDeDtln the Ofllce of the
COWlty R.ecorderlReg,iatrar of Titles in aDd for said COuJ1ty, and does hereby alnaeDt to tbc
. subonUnation of lh.e lien of such mortgage to Ule rights and interests gruted by said easemcnL.
IN TESTIMONY THEREOF, the undersigned has hereunto executed this IDltrumel1t this -
day of l 1996.
PRIOR LAKE STAiB BANK
By
Its
S~Am OF MINNESOTA )
)
COUNTY OF )
nle foregoing instrument was acknowledged before me thi.s _ day of . 1995,
by the of Prior ~ake State Bank, a
. on behalf of the
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Popham, Halk, Schnobrlch &. Kaufman, Ltd.
3300 Piper Jaffray Tower
MlnneapoUs. MN SS402
(612)333-4800
(SAK)
610tU1 crm~ 3IJ.(W6
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CONSENT TO EASEMENT
The undersigned holder of that certaltt mortgage dated November 1, 1977, and filed November
8. 1977 as Document No. 17086, in the Office of the Re&1strar cf niles, Scott County. Minnesota,
does hereby consent to and approve of 1hc tenns and condluorw of thal ce:rtaln PERMANENT
PUBLIC SEWER, UIlLITY AND DRAINAGE EASEMENT AGlUiBMENT. lncludiag the stipulalloD
for dismissal and waiVei' of claims set forth t1lereln, and the fiUng of such instrument in tbe Office of
the County RecorderlReglstrar of nlles In and for sald county. and does ba'eby CODseD1 to tile
subordination of the Hen of such mongage to the rights and Interests puled by said easement.
IN TESTIMONY nmREOF. the undersigned has hereunto executed this instrument this -
day of . 1996.
Knutson Mortgage Corporallon, rJkIa KnutsOn
Mortgage and Financial Corporation
By
Ita
STATB OF MINNESOTA )
)
COUNTY OF )
The fore&oing instrument was acknowledged before IDe this _ day of . 1995,
by the of Knutson Mort&a&e Corporation. Uk/a
Knutson Mortgage and Financial Corporation. a Minnesota corporation, on behalf of the corporation.
NoW)' Public
THIS INSTRUMENT WAS DRAFTED BY:
Popham. Balk. Scbnobrich &t Kaufman, Ltd.
3300 Piper Jafftay Towet
MjnneapoUs, MN SS402
(612)3334800
(SAKl
61~1107JS4 3/ZW96