3.4. ERMUSR 05-08-2012Elk River
Municipal Utilities
13069 Orono Parkway
Elk River MN 55330
(763)441-2020
UTILITIES COMMISSION MEETING
TO: FROM:
Elk River Municipal Utilities Commission Troy Adams, P.E. -Utilities Director
John Dietz -Chair
Daryl Thompson -Vice Chair
Al Nadeau -Trustee
MEETING DATE: AGENDA ITEM NUMBER:
Ma 8, 2012 3.4
SUBJECT:
Ratification of Easement A reement
DISCUSSION:
Over the few past months staff has been working with a customer in Otsego to resolve an
easement issue. The underground feeders that were installed in the transmission easement are in
question due to their location outside of road right of way. After consulting with ERMU legal
counsel, Great River Energy, and Wright County, ERMU staff has been working with the
customer to resolve the issue.
Staff hired Meeks Appraisal & Consulting, Inc. to prepare a report on the value of an easement
on that property analyzing the market trends and site specifics. The report was completed March
1, 2012. Based on this report and the specifics of the issue, the property owner and staff have
come to an agreement in terms on the acquisition of an easement purchase for 30 foot strip
running contiguous to the County Road 39 Right-of-Way for the length of the property. The
agreed purchase amount was $5,426.30.
With the assistance of legal counsel, staff prepared the attached grant of easement for electric
utilities agreement. The property has executed the agreement and it has since been sent to
Wright County for recording.
ACTION REQUESTED:
Staff recommends the Commission ratify the executed easement agreement.
ATTACHMENTS:
• Executed Grant of Easement for Electric Utilities dated 4/17/2012
r$ rowteto er
I~A~'UR~
Reliable PUbIIC P o w e n e o T o S r z v r
Power Provider
-~
GRANT OF EASEIi~IENT
FOR ELECTRIC IJTILYTIES
THIS GRANT OF EASEMENT is made on this ~ ~ day of 6' ~ ~ , 2012, by
Charles and Maureen IColles, the property owners, ("Grantor") to Elk River Municipal Utilities, a
Minnesota MUmclpal Utllnty ("Grantee").
RECITALS
Grantor is the owner in fee simple of real property in the County of Wright, Minnesota,
which is legally described on Exhibit A attached hereto (the "]?roperty'~. Grantee desires to use
a portion of the Property for the construction and maintenance of certain electric utilities.
NOW9 THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
Grantors:
Grant of Easement -Grantor hereby grants to Grantee, its successors and assigns, a
permanent, non-exclusive easement (flee "Easement") for the specifec purpose of
permitting Grantee the right to install, operate, maintain, repair, remove and replace
electric transmission and/or distribution lines and related facilities (the "Utilities") under,
on or above the surface of that portion of tine Property (the "Easement Area") described
on Exhibit B, attached hereto, together with the right of reasonable and necessary ingress
and egress to and from the Easement Area in connection with the exercise of the rights
granted herein. The Easement shall permanently run with the title to tine Property and
shall inure to the benefit of and be binding upon the parties hereto and their respective
heirs, successors, and assigns, including, but without limitation to, all subsequent owners
of the Easement Area and all persons claiming under them.
2. _Use of Easement Area by Grantor -Grantor hereby agrees that Grantor will not perform
or afllow or cause the construction of any structures or other improvements on the
Easement Area, including landscaping, which could damage or obstruct the Utilities or
interfere with Grantee's access to or Grantees right to construct, maintain, and repair the
Utilities. Grantor hereby reserves and retains all other property rights in and to the
Easement Area, including without limitation, the right to use the Easement Area for any
purpose whatsoever so long as such use does not interfere with Grantee's rights
hereunder. Grantor agrees that Grantee's approval will be required before the installation
of any improvements in the Easement Area, including the installation of trees and other
landscaping. Grantee agrees to grant such approval, provided that the proposed
improvements will, in Grantees sole judgment, not interfere with Grantees rights
hereunder.
3. Conduct of Work and I~Iotification -Any installation, maintenance, replacement, repair
and/or removal of the Utilities performed by Grantee, fits agents and employees, shall be
performed at Grantee's sole cost and expense after thirty (3®) days' notice to the Grantor,
except that in an emergency the work may be initiated after reasonable notice. Alfl work
performed in the Easement Area shall be performed with care and in such manner as to
cause the least interference with the surface of the Easement Area and with the use and
enjoyment thereof by Grantor and others lawfully present thereon. If the surface of
Grantors Property or any portion thereof, or any landscaping, curbing, pavement or other
improvements thereon, shall be disturbed by installation, operation, maintenance,
replacement or removal activities, or other activities performed by 'or on behalf of
Grantee in connection with the use of the Easement, said surface and improvements shalfl
be promptly restored by Grantee as close to their condition just prior to such disturbance
as is reasonably feasible. If it is necessary for Grantee to remove mature trees in the
Easement Area, the trees removed shall be replaced with shrubs and other vegetation
which wilfl not affect Grantees use of the Easement.
4. Prohibfltion Aeainst Liens -Grantee shall not permit any mechanics', materialmen's or
other liens to be filed against Grantor's Property or any part thereof for work or materials
famished Grantee in connection with the Easement, and Grantee agrees to indemnify,
defend and hold Grantor harmless from and against tl-e same.
5. Warranty of 'Title -Grantor represents and warrants to Grantee that Grantor is the only
owner of fee simpfle title to the Property and that there are no (iD owners of mortgages,
contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other
encumbrances or verbal or written agreement of any nature whatsoever affecting title to
the Easement Tract except matters of record. Grantor, on behalf off itself, its successors
and assigns, hereby indemnifies and hold harmless Grantee against and from any and all
claims for loss, damage, or expenses which may be incurred by Grantee based upon any
claim from a party whose consent was required (but was not obtained) for this Grant of
Easement.
6. Govemine Law -This Grant of Easement shall be construed and governed by the laws of
the State of 1Vlinnesota.
[SIGNATUE PAGE F®LL®WS]
IN WIT'1VES5 ~A/IIEItE®F', the parties hereto have executed this ~arant of Easement on
the above date.
CsRANTOR:
By:
Charles Koller, Property Dwner
By.~.~ ¢/~~ ,
Maureen Koller, Property ®wner
GRANTEE:
ELK RIVER MUNICIPAL UTILITIES
ohn ~ , Utili~es Chair
~"~~-~~ /C, ~---_-
By:~_
Troy Adams, Utilities Director
STA'V'E ®)F 1VH1«iNES®'~~ ~
y sso
C®YIN7['SC ®)F SH~IB~dT%8N)E D
This instrument was acknowledged before me this ~b' day of --V' b~ -~_, 2012,
by John Dietz and Troy Adams, the Utilities Chair and Utilities Director sei' pectively of Elk
River Municipal Utilities, a Minnesota Municipal Utility on behalf of the Utility.
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PF+~PJ41Et9~1Bp9.yiC= A ~ ~.~~~ C ,..
~~"h«a°~'~dr~+aeo2ot5 Notary Public
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This instrument was acknowledged before me this ~ day of - 2012,
by Charles and Maureen I~olles, the property owners in fee simple of real property in the County
of Wright, Minnesota, which is legally described on Exhibit A attached.
MICHELLE L~ AN®F.RS®N
PdOTANYPUBLIC•
MY C~RtA11SSI0PS 9~9,2Wi8
Notary Public
This instrument was drafted by:
('fray Plant Mooty
500 IDS Center
~0 South Eighth Street
Minneapolis, MN 55402
GP:3I55928 v I
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That park of the Northwest Quarter of the Northeast Quarter of Section 22, Township 121, Range
23, described as follows: Beginning at the northwest corner of said Northwest Quarter of the
Northeast Quarter; thence North 89 degrees OS minutes 38 seconds Bast (assumed bearing,
along the north line of said Northwest Quarter of the Northeast Quarter, a distance of 314.87
feet; thence South 00 degrees 23 minutes 29 seconds East, a distance of 691.71 feet; thence
South 89 degrees OS minutes 38 seconds West, a distance of 314.87 feet to the west line of said
Northwest Quarter of the Northeast Quarter; thence North 00 degrees 23 minutes 29 seconds
West, along said west line, a distance of 691.71 feet to the point of beginning, Wright County,
Minnesota.
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