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Home My WebLink About5C City-Spring Lake Township Collective Drainage Easement Agreement Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 1, 2018 AGENDA #: 5C PREPARED BY: PETE YOUNG, WATER RESOURCES ENGINEER PRESENTED BY: PETE YOUNG AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A DRAINAGE EASEMENT AGREEMENT COLLECTIVELY WITH SPRING LAKE TOWNSHIP GOAL AREA AND OBJECTIVE: High-Value City Services 5. Grow collaborations to provide efficient and cost-effective services to the community. DISCUSSION: Introduction The purpose of this agenda item is to consider authorizing a Drainage Easement Agreement collectively with Spring Lake Township. History The City has been coordinating maintenance of roads and infrastructure with Spring Lake Township for many years. To memorialize these maintenance activities, the City Council passed Resolution 16-168 on December 12, 2016, approving an agreement with Spring Lake Township for the collaborative maintenance of certain roads and infrastructure. Part of the City’s infrastructure maintenance responsibility under the agreement includes culvert cleaning. The City annexed several properties from Spring Lake Township in 2012, including properties on the east side of Panama Avenue SE, to the east of Rice Lake and Crystal Lake. The area on the west side of Panama Ave SE along 174th Street East remains in Spring Lake Township. Current Circumstances Rice Lake (located partially within Spring Lake Township and partially within the City of Prior Lake) flows into Crystal Lake (located completely within the City of Prior Lake) through a culvert located under a private street (174th Street East) in Spring Lake Township. This culvert, if not regularly maintained, has the potential to become blocked and cause high water on the upstream side of 174th Street East including areas adjacent to Rice Lake. High water in this area has the potential to impact driveways, other residential improvements, and the County Right-of-Way along Panama Avenue (CSAH 23). City residents on the east side of Panama Avenue SE have already experienced high water on their properties due to blockages of the 174th Street East culvert. Critical drainage and stormwater infrastructure, such as the culvert under 174th Street East that constitutes the outlet of a lake, should be operated and maintained by public agencies with the expertise and equipment to perform the needed work. In this case, the City of Prior Lake is in the best position to perform the work, and by doing so, can efficiently and cost-effectively protect both City and Township property owners from potential high water concerns. To facilitate any future maintenance work to be completed by the Township or City, an easement is required from the private property owners. A separate Maintenance Agreement Addendum related to this item is also being proposed at this City Council meeting as Agenda Item 5D. The City’s attorney worked with Spring Lake Township’s attorney to draft the attached Drainage Easement Agreement. Spring Lake Township approved the Drainage Easement Agreement at their most recent Board meeting. ISSUES: The City and Township have been collaborating for many years to provide efficient and cost-effective services to the public. These collaborations developed over the years. This modification builds on the existing 2016 maintenance agreement and collaborative practices by allowing for maintenance within an easement. FINANCIAL IMPACT: No direct financial impact is anticipated to result from approving this agenda item. ALTERNATIVES: 1. Approve a resolution as part of the consent agenda authorizing the Mayor and City Manager to execute the Drainage Easement Agreement collectively with Spring Lake Township. 2. Remove this item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A DRAINAGE EASEMENT AGREEMENT COLLECTIVELY WITH SPRING LAKE TOWNSHIP Motion By: Second By: WHEREAS, Spring Lake Township and the City of Prior Lake have been collaborating on the maintenance of certain roads and other infrastructure for decades; and WHEREAS, The two entities formalized this collaboration with a Maintenance Agreement approved through City Resolution 16-168; and WHEREAS, The Maintenance Agreement describes the Township’s and the City’s responsibilities as it relates to roads and other infrastructure where the entities share a common interest; and WHEREAS, A Drainage Easement Agreement is required in order for the Township or City to access and maintain a culvert under 174th Street East in Spring Lake Township. 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 City Council authorizes the Mayor and City Manager to execute a Drainage Easement Agreement collectively with Spring Lake Township. Passed and adopted by the Prior Lake City Council this 1st day of October 2018. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager DRAINAGE EASEMENT AGREEMENT This Easement Agreement is made by and between James E. Koshak and Catherine M. Kautz, husband and wife (“Grantor 1”), Randall D. Quiring and Paulette L. Quiring, husband and wife (“Grantor 2”) Joseph Mahoney, a single person (“Grantor 3”), and Joseph C. Horozaniecki and Mary Horozakicki, husband and wife (“Grantor 4”) (collectively Grantor 1, Grantor 2, Grantor 3 and Grantor 4 are the “Grantors”) and Spring Lake Township and the City of Prior Lake (collectively the City and Township are the “Grantees”). This Easement Agreement is effective on the ______ day of _________________ 2018. Grantor 1 is the owner of that real property legally described as follows: Tract C, REGISTERED LAND SURVEY NO. 168, Scott County, Minnesota (“Property 1”). Grantor 2 is the owner of that real property legally described as follows: Tract B, REGISTERED LAND SURVEY NO. 168, Scott County, Minnesota (“Property 2”). Grantor 3 is the owner of that real property legally described as follows: Tract A, REGISTERED LAND SURVEY NO. 168, Scott County, Minnesota (“Property 3”). Grantor 4 is the owner of that real property legally described as follows: Tract D, REGISTERED LAND SURVEY NO. 168, Scott County, Minnesota (“Property 4”). Collectively Property 1, Property 2, Property 3, and Property 4 shall be hereinafter referred to as the “Properties.” The Properties are shown on attached Exhibit A. Grantors hereby grant to Grantees, on a joint and non-exclusive basis, a permanent easement on, across, over and under their respective Properties for the purposes of drainage and flowage of surface water through culverts flowing generally from south to north toward Crystal Lake, as shown on attached Exhibit B; and further they do consent and grant to Grantees the right to enter onto and modify the common driveway shown on Exhibit A, waiving any rights they may have to object to such activities by Grantees or their successors or assigns, for the purposes of drainage and flowage of surface water through culverts flowing generally from south to north toward Crystal Lake, as shown on attached Exhibit B (collectively the “Easement”). Grantees shall have the right to enter the Easement to construct, install, inspect, operate, alter, repair and maintain stormwater management structures and culverts, as either may deem necessary to ensure proper water flow. Grantees shall have the right to use and remove all earthen materials, structures, improvements and obstructions which lie within the boundaries of the Easement, including the right of clearing the Easement to allow for the use of the Properties as stated herein. The Easement also includes the right to cut, trim, or remove from the Easement trees, shrubs, or other vegetation which in either Grantee’s judgment unreasonably interfere with the Easement or facilities of the Grantees, their successors or assigns. Grantees shall be responsible for restoration of the driving surface over which such structures pass and shall have the right to impede the driving surface for limited periods of time when necessary, in the judgment of either Grantee, for the uses and purposes described herein. If passage on the driving surface is expected to be impeded, Grantees shall give reasonable advance notice, except in the case of emergencies, to Grantors and all other persons of whom Grantees are aware, that have use of the driving surface. Grantees do not, by acceptance of the Easement or exercise of their rights hereunder, assume any responsibility to Grantors or others for maintenance of the driving surface, or to ensure a certain amount of water flow, or the limit of any amount of water flow, through the Easement. The Easement is granted for the benefit of Grantees and Grantees alone shall determine the level of usage they intend to make of the Easement and shall not be responsible or liable to third parties or to Grantors for the decisions they make in this respect. The Easement shall be perpetual, shall run with the land, shall be binding upon Grantors and their successors and assigns and shall be for the benefit of Grantees and its successors and assigns. GRANTORS: GRANTEES: SPRING LAKE TOWNSHIP By: ___________________________ By: _____________________________ James E. Koshak Thaddeus Kowalski, Chairman By: ____________________________ By: ______________________________ Catherine M. Kautz Melissa Hanson, Clerk CITY OF PRIOR LAKE By: ____________________________ By: _______________________________ Randall D. Quiring Kirt Briggs, Mayor By: ____________________________ By: _______________________________ Paulette L. Quiring Frank Boyles By:____________________________ Joseph Mahoney By:____________________________ Joseph C. Horozaniecki By:____________________________ Mary Horozaniecki STATE OF MINNESOTA ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me on _______________, by James E. Koshak, Grantor. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me on _______________, by Catherine M. Kautz, Grantor. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me on _______________, by Randall D. Quiring and Paulette L. Quiring, husband and wife, Grantors. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me on _______________, by James Mahoney, a single person, Grantor. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me on _______________, by Joseph C. Horozaniecki and Mary Horozakicki, husband and wife, Grantors. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me on _______________, by Theodore Kowalski, Chairman of Spring Lake Township and Melissa Hanson, Clerk of Spring Lake Township, on behalf of the Township. ________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ______________ ) The foregoing instrument was acknowledged before me on _______________, by Kirt Briggs, Mayor and Frank Boyles, City Manager of the City of Prior Lake, on behalf of the City. ________________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Peter B. Tiede Tiede Grabarski PLLC 4770 White Bear Parkway, Suite LL20 White Bear Lake, MN 55110 Telephone: (651) 964-2514