HomeMy WebLinkAbout5F - Right-Of-Entry Waiver
CITY COUNCIL AGENDA REPORT
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
December 6, 2004
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Frank Boyles, City Manager~ ~ ~
AGENDA ITEM: CONSIDER APPROVAL Of AN IRREVOCABLE RIGHT-Of-ENTRY I WAIVER
Of TRESPASS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE THE AGREEMENT.
DISCUSSION: Historv: The City's 2Q04 Reconstruction Project, City Project No. 04-11, included the
reconstruction of street and utilities on Breezy Point Road. Property owned by Cyril
Schweich and Kathleen Spielman is located at the end of Breezy Point Road. As
part of these projects, the City seeks to update agreements or acquire
easements as necessary with property owners regarding utility locations or
access to utilities. On October 18, 2004, the City Council approved acquisition of
a permanent easement for sanitary sewer, storm drainage and watermain from Mr.
Schweich and Ms. Spielman.
Current Circumstances: In addition to acquiring an easement for sanitary sewer,
storm drainage and watermain, the City Attorney and Director of Public Works
have also worked with Mr. Schweich and Ms. Spielman to prepare and execute
an irrevocable right of entry / waiver of trespass for the purposes of storing the
snow generated by plowing Breezy Point Road. The right of entry / waiver of
trespass will be recorded against the property.
ALTERNATIVES: (1) Approve the Irrevocable Right-ot-Entry / Waiver ot Trespass and Authorize
the Mayor and City Manager to Execute the Agreement as part of the Consent
Agenda.
(2) Take no action and provide the staff with additional direction.
RECOMMENDED
MOTION: Alternative (1).
www.cityofpriorlake.com
1:\COUNCIL\AGNRPTS\2004\SCHWijlRdJhijI9B7.tIWf~1tI7B~.C)OGax 952.447.4245
(Reserved for Recording Data)
IRREVOCABLE RIGHT OF ENTRY / WAIVER OF TRESPASS
THE UNDERSIGNED, the owners of certain land in the City of Prior Lake, Minnesota, who are
the owners and the persons with the right to grant entry to the Subject Property (as hereafter
defined), do hereby consent and grant unto the CITY OF PRIOR LAKE, Minnesota ("City"),
its contractors, agents and assigns, the irrevocable right to enter upon the Subject Property for the
purposes of snow storage as generated by plowing Breezy Point Road, on, and across the Subject
Property legally described as follows:
LEGAL DESCRIPTION,
Lot 16, Breezy Point, according to the recorded plat thereof, Scott County, Minnesota
The primary purpose for which the City is entering into this Right of Entry/Waiver of Trespass is
to allow access to the City's permanent easement for snow plowing which easement is within the
S ubj ect Property.
By accepting this Irrevocable Right of Entry/Waiver of Trespass, the City acknowledges that it is
entering upon the Subject Property at its own risk and agrees it will hold the undersigned
harmless from any claim resulting from the City's activities described herein. It is further
understood that this Waiver does not constitute a waiver on behalf of the owners or persons of
interest in the Subject Property to any claim for damages for the removal of trees, brush, crops,
or for the acquisition of permanent easements over the above described property by the City, its
agents and assigns.
This Irrevocable Right of Entry/Waiver of Trespass shall be recorded against the property.
Dated this 23rd day of November, 2004.
ON: 238446
PROPERTY OWNERS:
STATE OF MINNESOTA )
) ss.
COUNTY OF SCOTT )
~
Kathleen Spielman
The foregoing instrument was acknowledged before me this -..) 0 day of ;V (,1 V
2004, by Cyril Schweich and Kathleen SPijelman, hUSband~
UNDAALLEN ~~ ,~
NOTARYMUC ~MNNESOTA ~1 ~ ,/ .
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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: 238446
2
STATE OF MINNESOTA )
) ss.
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:
Suesan Lea Pace
Halleland Lewis Nilan & Johnson
600 U.S. Bank Plaza South
220 South Sixth Street
Minneapolis, MN 55402-4501
ON: 238446
3
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