2.4. ERMUSR 06-16-2015 Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
Elk River Municipal Utilities Commission Mark Fuchs—Electric Superintendent
John Dietz—Chair
Al Nadeau—Vice Chair
Daryl Thompson—Trustee
MEETING DATE: AGENDA ITEM NUMBER:
June 16, 2015 2.4
SUBJECT:
Grant of Easement Agreement
BACKGROUND:
Elk River Municipal Utilities is getting started on the Waco feeder project. The project will
involve the boring in of an 8 inch pipe with 1000 mcm primary wire pulled in. In order to do so,
it will require us to execute a grant of easement with the owner of the property.
DISCUSSION:
The owner has agreed to let us use a portion of the property for the construction and maintenance
of electric utility facilities for the sum of one dollar($1.00). Attached is the signed grant of
easement.
ACTION REQUESTED:
Staff requests that the Commission approve the Grant of Easement Agreement.
ATTACHMENTS:
• Grant of Easement Agreement
E, PO WR Page 1 of 1
Reliable Public P O W E R E D T O S E R V E
Power Provider
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GRANT OF EASEMENT
FOR ELECTRIC UTILITY FACILITIES
THIS GRANT OF EASEMENT is made on this day of
2015, by , a
("Grantor")to Elk River Municipal Utilities, a Minnesota Municipal Utility("Grantee").
RECITALS'
Grantor is the owner in fee simple of real property in the County of Sherburne,
Minnesota, which is legally described on Exhibit A attached hereto (the "Property"). Grantee
desires to use a portion of the Property for the construction and maintenance of certain electric
utility facilities.
NOW,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
Grantor:
1. Grant of Easement--Grantor hereby grants to Grantee, its successors and assigns,
a permanent,non-exclusive easement(the"Easement") for the specific purpose of
permitting Grantee the right to install, operate, maintain, repair, remove and
replace electric transmission and/or distribution lines, and related facilities (the
"Utility Facilities") under, on or above the surface of that portion of the 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 the 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 Property
and 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 allow or cause the construction of any structures or other
improvements on the Easement Area, including fencing or landscaping, which
could damage or obstruct the Utility Facilities or interfere with Grantee's access
to or Grantee's right to construct, maintain, and repair the Utility Facilities.
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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 fences, trees or other landscaping. Grantee agrees to grant such
approval, provided that the proposed improvement will, in Grantee's sole
judgment,not interfere with Grantee's rights hereunder.
3. Conduct of Work and Notification—Any installation, maintenance, replacement,
repair and/or removal of the Utility Facilities performed by Grantee, its agents
and employees, shall be performed at Grantee's sole cost and expense after thirty
(30) days' notice to the Grantor, except that Grantor may waive this notice period
and, in an emergency, the work may be initiated by Grantee after reasonable
notice. All 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 of the Property or any portion thereof. If 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 shall 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
will not affect Grantee's use of the Easement.
4. Prohibition Against Liens — Grantee shall not permit any mechanics',
materialmen's or other liens to be filed against the Property or any part thereof for
work or materials furnished Grantee in connection with the Easement, and
Grantee agrees to indemnify, defend and hold Grantor harmless from and against
the same.
5. Indemnification. Grantee agrees to indemnify and to hold harmless the Grantor
from and against any and all claims, of every person,including without limitation,
employees, agents, contractors, invitees, and permittees of the Grantee, resulting
from, arising out of, or in any way connected with the exercise of the privileges
and rights of the Grantee. Grantee further agrees to indemnify the Grantor for any
and all attorneys' fees and costs that may arise from said claims.
6. Maintenance. Grantee agrees to properly maintain and keep in good condition the
Easement Area and any buildings, structures or equipment thereon at Grantee's
own expense.
7. Warranty of Title—Grantor represents and warrants to Grantee that Grantor is the
only owner of fee simple title to the Property and that there are no (i)owners or
mortgages, contracts for deed, leases, rental agreements, occupancy agreements,
or (ii)any other encumbrances or verbal or written agreement of any nature
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whatsoever affecting title to the Property except matters of record. Grantor, on
behalf of itself, its successors and assigns,hereby indemnifies and holds 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.
8. Severability. The invalidity of any portion of this Grant of Easement will not and
shall not be deemed to affect the validity of any other provisions. In the event
that any provision of this Grant of Easement is held to be invalid,the parties agree
that the remaining provisions shall be deemed to be in full force and effect as if
they had been executed by both parties subsequent to the expungement of the
invalid provision.
9. Entire Agreement. This Grant of Easement constitutes the entire agreement
between the parties and any prior understanding or representation of any kind
preceding the date of this Grant of Easement shall not be binding on any party
except to the extent incorporated by this Grant of Easement.
10. Amendments. Any modification of this Grant of Easement or additional
obligation assumed by either party in connection with this Grant of Easement
shall be binding only if evidenced in writing signed by each party or an authorized
representative of each party.
11. Governing Law. It is agreed that this Grant of Easement shall be governed by,
construed, and enforced in accordance with the laws of the State of Minnesota.
12. Permanent. The terms and provisions of this instrument shall run with the land,
and shall extend to and be binding is upon Grantor, Grantor's heirs, legal
representatives, successors, and assigns.
[signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement on
the above date.
GRANTOR: GRANTEE:
ELK RIVER MUNICIPAL UTILITIES
By:
John J. Dietz
Its: Chair
By:
Troy Adams
Its: General Manager
Drafted by:
Elk River Municipal Utilities
13069 Orono Parkway
Elk River,MN 55330
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STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
The foregoing ins nt was ackn ledged before on his Tr:" day of
, 201 by Cr eks re e Is) as
A>efa'le ra' •
1 t ft,
N I tartPublic
f}, MERiDEE J. ROWE
STATE OF MINNESOTA ) « )NoWY PUBUC-MINNE8OTA
ss. I, My Comm.Exp.Jan.31.201.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
, 201 , by John J. Dietz, the Chair, and Troy Adams, the General Manager of
the Elk River Municipal Utilities,a Minnesota Municipal Utility,on behalf of the utility.
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
All that part of the West half of the Southeast Quarter of the Northwest Quarter of Section 31,
Township 33,Range 26, Sherburne County, Minnesota,which lies South of a line extended from
a point on the West line of said West half distant 628.00 feet North of the Southwest corner of
said West half, as measured along said West line,northeasterly to a point on the East line of said
West half distant 787.00 feet North of the Southeast corner of said West half, as measured along
said East line. AND which lies North of the Elk River.
•
A-1
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EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREA
That portion of the following described parcel located North of the Elk River:
All that part of the West half of the Southeast Quarter of the Northwest Quarter of Section 31,
Township 33,Range 26, Sherburne County, Minnesota,which lies South of a line extended from
a point on the West line of said West half distant 628.00 feet North of the Southwest corner of
said West half, as measured along said West line, northeasterly to a point on the East line of said
West half distant 787.00 feet North of the Southeast comer of said West half, as measured along
said East line. AND which lies North of the Elk River.
B-I
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