HomeMy WebLinkAboutEasement Agreement & Resolution #07-159 i
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`��S�P RESOLUTION 07-159
A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH THE PAVEK
PROPERTY FOR INDUSTRIAL PARK UTILITY EASEMENT
Motion By: Hedberg Second By: Miliar
WHEREAS On May 7, 2007 the City Council directed City Staff to proceed with an incremental
approach to extending sewer and water to the existing Industrial Park; and
WHEREAS, Utility easements are required in order to facilitate the extension; and
WHEREAS, City Staff has negotiated with the owner of the property located at 16801 industrial �
Park SE. The property Owner, Archie Pavek agrees to the following;
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1) Grant the City a drainage and utility easement
2) Connect to City Sewer and Water within one year of availability
3) Abandon existing wells and septic tanks within six months of utility hookup
4) Pay all connection charges associated connection of the existing building
In consideration of the above the City agrees to the following:
1) Provide a second set of utility services for future use.
2) Defer the connection charges for the second set of services until the property is
subdivide or developed.
3) Reimburse Mr. Pavek $50,000 from future connection charges in consideration
of the easement granted.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are authorized to execute an easement agreement with Mr. Pavek.
3. The City shall reimburse Mr. Pavek $50,000 in the future from Industrial Park connection charges
as they are collected Account # 501-48359-504.
PASSED AND ADOPTED THIS 4th DAY OF SEPTEMBER 2007.
YES NO
Hau en X Hau en
Erlckson X Erickson
Hedber X Hedber
LeMair Abstaln LeMair
Millar X Millar
,
1
,�
Frank B yl , City Manager
www. ciiyofpriorlake. com
Phone 952.447.9800 / Fax 952.447.4245
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� Doc. No. A 783510
� OFFICE �F THE COUNTI( RECORDER
, � SCOTT COUNTY, MINNESOTA
---- Certified Fled and/or Recorded on
��
'� �9-19-2007 at �3:28 Receipt: 000000
Pat Boeckman, County Recorder �
Fee: $ 46.00
(Reserved for Recording Purposes)
EASEMENT AGREEMENT �
THIS AGREEMENT mad.e this �day of ����- , 2007 by and between Archie J.
Pavek, a single person hereinafter referred to as "Grantor", and th�CITY OF PRIOR LAKE, a
Minn esota Municipal Corporation organized under the laws of the State of Minnesota, the
Crrantee, hereinafter referred to as "City." �
WITNESSETH:
PERMAN�NT EASEMENT
The Grantor, in consideration of the sum of fifry thousand dollars ($SO,Q00.00) and the
other good and valuable consideration set forth below, the receipt and sufficiency of which is
hereby aclrnowledged, do hereby grant and con�ey to the City, its successors and assigns,
forever, permanent easements for drainage and utility purposes, across, on, under and through
land situated in the County of Scott, State of Minnesota, as described in attached Exhibit "A"
which is incorporated herein as if fully set forth. The City sha11 reimburse the Crrantor from
proceeds received from collection of the Sewer and Water Extension Fees from installation of
sewer and water in the Industrial Park. Upon completion of the this project and subsequent
projects the City shall reimburse the Grantor as fees are collected from other properties until
such time that the C�rrantor has received $50,000 for the granted permanent easement.
INCLUDING the rights of the City, its contractors, agents, servants and assignees, to
enter upon said easements at a11 reasonable times to construct, reconstruct, inspect, repair, and
maintain said drainage and utility easements over, across, on, under, and through the permanent
easement, together with the right to grade, level, fill, drain, pave, and excavate the easements,
and the further right to remove trees, bushes, undergrowth, and other obstructions interfering
with the location, construction, and maintenance of said easements.
IN FURTHER CONSIDERATION of granting the easements, the Crrantor requests that
the City provide three sets of water and sewer service stubs for future connection as shown in
attached Exhibit "B". The Grantor will have one year from date of notification of service
availability in writing from the City to connect the existing building to sewer and water stubs.
Additionally the Grantor must abandon the existing well and septic system in accordance with
MiTlnesota Deparhnent of Health and Pollution Control Agency standards within 6 months of the
building connecrion. Prior to connection the Crrantor must apply for and receive a permit for
connection. At the ti.me of permit issuance for connection to services "a" and "b" as shown on
Exhibit "B" the Gran�or shall pay the seu�er a��. �F��te� eXtension, c�r�ection and t��k charges
of $ 64,518.00 plus the water meter/inspection cost and $4,325.00 per SAC unit as
deterniined by the Met Council must be paid. The City agrees to defer the charges and fees for
the future building site (service connection "c") until the time of property subdivision or building
permit issuance whichever occurs first. The fee basis for connection to services "a" and "b" is:
Existin� Buildin Site Includes both Buildin�sl
� Sewer and Water Extension Fee: $ 50,000.00
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Sewer Trunk Charge: 1.7 acres x$3,040 =$ 5,168.00 (existing site only less easement)
Water Trunk Charge: 1.7 acres x$5,500 =$ 9,350.00 (existing site only less easement)
Total Extension & Trunk = $ 64,518.00
Sewer and Water Connection Charge: $4,325.00/SAC Unit* + Water Meter/
Inspection
Future Buildin�
Sewer and Water Extension Fee: $50,000.00
Sewer Tnuzk Charge: 2.5 acres x$3,040 =$ 7,600.00 (balance of site less easement)
Water Trunk Charge: 2.5 acres x$5,500 =$ 13,750.00 (balance of site less easement)
Total Extension & Trunk = $ 71,350.00 .
Sewer and Water Connection Charge: $4,325.00/SAC Unit* + Water Meter/
Inspection
*For the existing and proposed buildings the Owner must submit a floor plan or
building information to Met Council for Sewer Area Charge (SAC)
determination. Estimate numbers based on 2008 numbers are subject to change
per City Fee Schedule.
2008 SAC ESTIMATE:
$1825.00 MCES SAC (assumes $150 increase)
$ 600.00 City SAC
$ 900.00 City WAC .
1000.00 Water Tower
$4,325.00 per SAC determination unit
It is further agreed that in consideration of the Sewer and Water Extension Charge paid as
stipulated in this agreement the City will not assess the Crrantor for future sewer and water
improvements.
It is further agreed that the City at its cost will restore the existing property line to pre-project
condition including replacement. Additionally during construction the City sha11 maintain access
to the Crrantor's buildings at all tixnes unless approved by the Crrantor. Prior to consiruction the
City shall submit a copy of the bids to the Crrantor for review.
The above named Grantor, for himself, his successors, heirs, and assigns do covenant
with the City, its successors and assigns, that they are well seized in fee title of the above
described permanent easements and they have the sole right to grant and convey the easements to
the City. ,
IN TESTIMONY WI�REOF, the parties ha.ve signed this Agreement the day and year
first written above. �
GRANTORS:
By
� chie 7. Pavek
DN: 327254 Page 2 of 4
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� STATE OF MINNESOTA ) -
) ss.
COUNTY OF SCOTT )
2, �
The foregoing instrument was acknowledged before me this ✓� day of
� (, 2007, by Archie J. Pavek, by and on behalf of himself.
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Notary Public
MARY ELLEN OLSON
GRANTEE NOTARY PUBLIC - MINNESOTA
' My Commisslon Expires Jan. 31, 2010
CITY OF PRIOR LAKE
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� � J k Hau en
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By
Frank Boyle
Its City M g
STATE OF MINNESOTA ) - � . �
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this �y of�j� 0� , 2007,
by Jack Haugen, Mayor of the City of Prior Lake, Minnesota, a municipal corpora�xon on behalf
of the corporation.
U'U�lJ�e.. i���-�
Not�ryPublic
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STATE OF MINNESOTA ) CHARLOTTE R. GREEN
� SS. ' NOTARY PuiiLIC -11UhNcSO7A
COUNTY OF SCOTT � =•+q �Y ���ssion Ex{ures Jan. 31 20�0
The foregoing instrument was acknowledged before me this/7�iay of ��� 2007,
by Frank Boyles, City Managsr of the City of Prior Lake, Minnesota, a municipal orporation on
behalf of the corporation.
Cl��.��..� t�.- ����.a..�..
Notary Public
�
. CHARLOTTE R. GREEN
THIS INSTRUMENT WAS DRAFTED BY: �" NOTARY P�iiLIC - �hiNNESOTA
Suesan Lea Pace, Esq. ��.��• �Y ���� �P�es Jan.31 �o�o
Halleland, Lewis, Nilan & Pavek
600 U.S. Bank Plaza South
220 South Sixth Street .
1Vf�innea�olis, NAT 55402-45b1
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' EXFIIBIT A
Proposed Easement Description for Pavek Property
� � � Exhibit A
A perpetual easement for draina.ge and utility purposes over, under and across the south 30.00
feet of the following described property:
Tha.t part of the East 3 /4 of the Southeast �uarter of Section 1, Tovcroship 114, Range 22,
Scott County, Minnesota, described as fol�ows:
Commencing at the southeast corner of said Section 1; thence on an assumed
bearing of North 1 degree 21 minutes 00 seconds West along the line between the
southeast corner and the northeast corner of said Section 1, a distance of 1251.72
feet; thence at right angles South 88. degrees 39 minutes West a distance of
1875.73 feet; thence South 86 degrees 11 minutes 30 seconds West a distance of
84.66 feet to the east line of the w�st 30.00 feet of the East 3 /a of the Southeast
Quarter of said Section 1; thenceNorth 86 degrees 11 minutes 30 seconds East a
distance of 514.66 feet; thence bearing South a distance of 704.3.1 feet to the
centerline of County State Aid Highway No. 12; thence South 63 degrees 37
minutes 56 seconds East along the centerline of said Highway No. 12 a distance
of 73.66 fee to the actual point of beguuung of the property to be described;
thence bearing North a distance of 412.00 feet; thence bearing East a distance of
670.15 feet; thence bearing North a distance of 412.OQ feet; thence beaxing West a
distance of 736.15 feet; thence bearing South a distance of 704.31 feet; thence
South 63 degrees 37 mi.nutes 56 seconds East along the centerline of said
Highway No. 12, 73.66 feet to the point of beginning.
EXCEPT the westerly 66.00 feet of the above described property
DN:327254