HomeMy WebLinkAbout5D - Bealmake Easement
Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: December 6, 2004
AGENDA #: 5D
PREPARED BY: Bud Osmundson, Public Works Director
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING
ACQUISITION OF AN EASMENT FROM BEALMAKE PARTNERS, LLC
FOR CITY UTiliTIES AND AUTHORIZING THE MAYOR AND CITY
MANAGER TO EXECUTE THE DOCUMENTS.
DISCUSSION: Historv: During the construction of the Ring Road (Village Lake Drive)
project it was discovered that a 400 foot segment of watermain adjacent to
TH 13 on the South Village mall property did not exist. This watermain
was thought to connect the water main between the mall and TH 13, to the
watermain in Duluth Avenue, because it was shown on as-built drawings.
There were olans completed in the 1970's for this watermain, but
apparently it was never constructed. Staff wanted to work with the new
owners 0 f South Lake Village to complete the construction of this small
segment of watermain prior to the installation of the new parking lot for the
mall.
The purpose of this item is to authorize the acquisition of the easement
necessary for this utility.
Current Circumstances: Staff worked with Bealmake Partners on this
acquisition. Completing this segment of watermain is necessary to
provide improved fire fighting capabilities in the area and improves general
water service by looping a long dead end line. It provides the City with
more flexibility in routing water in the area in the case of a watermain
break or new construction. Bealmake Partners was very cooperative in
this easement acquisition and provided a verbal approval so that the
construction could take place prior to their construction of the new parking
lot surface.
The total purchase amount for the easement is $5,000.00. This is the
amount the City would have been responsible for if we had had to replace
the bituminous if the watermain construction had been done at a later
date. Staff believes this is a very fair price to pay for the easement. The
City attorney has reviewed the attached easement agreement.
www.cityofpriorlake.com
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FINANCIAL IMPACT:
The funding for this easement is to come from the Water Utility fund which
has an adequate balance for this acquisition.
ALTERNATIVES: (1) Approve a Resolution Authorizing the Acquisition of a permanent
easement from Bealmake Partners, LLC for $5,000.00 and
authorizing the Mayor and City Manager to execute the necessary
documents.
(2) Take no action.
RECOMMENDED
MOTION: Alternative (1).
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Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 04-xx
RESOLUTION AUTHORIZING ACQUISTION OF A PERMANENT UTILITY
EASEMENT FROM BEALMAKE PARTNERS, LLC,
AND AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS
MOTION BY:
SECOND BY:
WHEREAS,
the City Staff has determined that a segment of watermain adjacent
to TH 13 on the South Lake Village property is necessary for
improved water service in the area around Duluth Avenue, Toronto
Avenue, and Panama Avenue south of TH 13; and
WHEREAS,
Bealmake Partners, LLC, owners of the South Lake Village property,
have agreed to the installation of the watermain; and
WHEREAS,
City staff and Bealmake Partners, LLC, have successfully negotiated
terms for the purchase of said easement interests which are shown
on the attached easement agreement and legal description.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA,
1. The recitals set forth above are incorporated herein.
2. The acquisition of the permanent easement is hereby approved, and funds for
this purchase shall be drawn from the Water Utility Fund in an amount of
$5,000.00.
3. The Mayor and City Manager are hereby authorized to execute all necessary
documents.
Passed this 6th day of December 2004.
YES
NO
Blomberg Blomberg
Haugen Haugen
LeMair LeMair
Petersen Petersen
Zieska Zieska
{ Seal }
Frank Boyles, City Manager
www.cityofpriorlake.com
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Phone 952.440.9675 / Fax 952.440.9678
(Reserved for Recording Data)
EASEMENT AGREEMENT
THIS AGREEMENT made this _ day of
,2004, by and between
Bealmake Partners, LLC, a Minnesota limited liability company, hereinafter referred to as
"Grantor", and the CITY OF PRIOR LAKE, a municipal corporation organized under the laws
of the State of Minnesota, the Grantee, hereinafter referred to as "City".
WITNESSETH:
PERMANENT EASEMENT
The Grantor, in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration to it in hand paid by the City, the receipt and sufficiency of which is
hereby acknowledged, does hereby grant and convey to the CITY OF PRIOR LAKE, its
successors and assigns, forever, a permanent easement for public utility purposes over, across,
on, under, and through land situated within the County of Scott, State of Minnesota, as described
on the attached Exhibit "A".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
DN: 209732
Page 1 of 4
maintain said public utility system over, across, on, under, and through the permanent easement
premises, together with the right to grade, level, fill, drain, pave, and excavate the easement
premises, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said public utility system.
This grant of permanent easement shall not restrict Grantor's use of the permanent
easement premises for surface parking and landscaping except during times when the City is
constructing, reconstructing, inspecting, repairing or maintaining said public utility system.
By accepting this permanent easement, the City agrees that it shall restore all landscaping
and parking surfaces on areas of the permanent easement premises affected by any exercise of
the City's rights under this Easement Agreement to a condition equal to the conditions existing
prior to such exercise of its rights.
The above named Grantor, for itself, its successors, heirs, and assigns does covenant with
the City, its successors and assigns, that it is well seized in fee title of the above described
permanent easement premises and that it has the sole right to grant and convey the easement to
the City, subject to the consent of U.S. Bank N.A., as mortgagee of the tract described in
Exhibit "A".
IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day
and year first above written.
GRANTOR:
BEALMAKE PAR
By
Bemar
Its Chief Mana er
DN: 209732
Page 2 of 4
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STATE OF (Y\ i~V\e.<;~tCf )
) ss.
COUNTY OF .s<:...o~ )
The foregoing instrument was acknowledged before me this _, O+~ day of
N 0\1 ~""lb.e-v , 2004, by Bernard D. Paul, the Chief Manager ofBEALMAKE PARTNERS,
LLC~~_:;:;=i~companY, opp ~~. __.___~
I a NOTARY PUBUC - MINNESOTA I.
J. My Commission expires 1-31.2005 f Notary Pubhc ~ - - .-
.
GRANTEE:
CITY OF PRIOR LAKE
By
Jack Haugen
Its Mayor
By
Frank Boyles
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of
, 2004,
by Jack Haugen, Mayor of the City of Prior Lake, Minnesota, a municipal corporation on behalf
of the corporation.
Notary Public
ON: 209732
Page 3 of 4
._...._....'"'_..__..~... ...-----.-.....,...-...
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STATE OF MINNESOTA )
) SSe
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of
, 2004,
by Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal corporation on
behalf of the corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Frederick S. Richards
Halleland, Lewis, Nilan & Johnson
600 U.S. Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402-4501
DN: 209732
Page 4 of 4
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EXHIBIT A
That part of the following described parcel of land in the City of Prior Lake, Scott County,
Minnesota, described as follows:
(THE TRACT)
That part of Lot 1, Block 1, plat of BROOKSVILLE CENTER 1ST ADDITION, Scott County,
Minnesota, together with that part of the East one-half of the Southwest Quarter and that part of
the West one-half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County,
Minnesota, described as follows:
Commencing at the most Northerly Westerly comer of said Lot 1, said comer being on the
Southerly right of way line of Trunk Highway No. 13; thence North 65 degrees 43 minutes 28
seconds East along the Northerly line of said Lot 1, a distance of 198.32 feet to the actual point
of beginning of the land to be described; thence South 28 degrees 40 minutes 18 seconds East a
distance of 104.76 feet; thence North 61 degrees 16 minutes 31 seconds East a distance of 136.67
feet to its intersection with the Easterly line of said Lot 1; thence South 12 degrees 8 minutes 8
seconds East along said Easterly line a distance of 419.74 feet; thence South 89 degrees 45
minutes 55 seconds East a distance of 460.00 feet along the Northerly line of said Lot 1, to a
point distant 850.00 feet West (as measured at right angles) of the East line of said West one-half
of the Southeast Quarter; thence North 00 degrees 14 minutes 5 seconds East parallel with said
East line a distance of 430.00 feet; thence south 89 degrees 45 minutes 55 seconds East a
distance of 150.00 feet; thence North 00 degrees 14 minutes 5 seconds East a distance of 497.9
feet, more or less, to its intersection with the Southeasterly right of way line of State Trunk
Highway No. 13; thence Southwesterly along said Southeasterly right of way line to the point of
beginning.
Except That Portion Described As:
Beginning at the southeast comer of Lot 1, Block 1, BROOKSVILLE' CENTER 2nd
ADDITION, Scott County, Minnesota; thence North 12 degrees 08 minutes 08 seconds West
along the easterly line of said Lot, a distance of 419.74 feet to the northeast comer of said Lot 1;
thence North 61 degrees 16 minutes 31 seconds East a distance of 25.00 feet; thence South 24
degrees 23 minutes 40 seconds East a distance of 463.22 feet to the northeast comer of Lot 2,
Block 1, of said plat; thence westerly long the north line of said Lot 2, a distance of 125.00 feet
to the point of beginning.
Which lies within the following permanent easement for street, utility and drainage purposes:
A strip of land 20.00 feet in width over that part of (THE TRACT), the centerline of said strip is
described as follows:
Beginning at the northwest comer of (THE TRACT); thence South 22 degrees 15 minutes 31
seconds East, assumed bearing along the westerly line of (THE TRACT), 84.30 feet to the point
of beginning of said centerline to be hereinafter described; thence North 09 degrees 20 minutes
19 seconds East, 54.32 feet; thence North 64 degrees 18 minutes 54 seconds East, 229.42 feet;
thence North 61 degrees 11 minutes 46 seconds East, 77.23 feet to a point to be hereinafter
referred to as "Point A" and said centerline there terminating. Said strip of land is to extend by
Page 1 of2
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its full width from said westerly line of (THE TRACT) to a line drawn perpendicular to said
centerline and passes through said "Point A".
And also that part of (THE TRACT) which lies northeasterly of said above referenced
perpendicular line and which lies northwesterly of a line drawn parallel with and distant 10.00
feet southeasterly of the following described line:
Beginning at said above referenced "Point A"; thence North 61 degrees 11 minutes 46 seconds
East, along the northeasterly extension of the above described centerline, 37.26 feet; thence
North 59 degrees 40 minutes 04 seconds East, 366.63 feet to the easterly line of (THE TRACT),
and said line there terminating.
Page 2 of2
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