2.4 ERMUSR 03-13-2017 Elk River
Municipal Utilities UTILITIES COMMISSION MEETING
TO: FROM:
Elk River Municipal Utilities Commission Eric Volk—Water Superintendent
John Dietz—Chair
Al Nadeau—Vice Chair
Daryl Thompson—Trustee
MEETING DATE: AGENDA ITEM NUMBER:
March 13, 2017 2.4
SUBJECT:
Grant of Easement Agreement
BACKGROUND:
In response to MnDOT replacing the Highway 10 Bridge over the Elk River,we are relocating
our water main that passes within 11' of the bridge. We will be relocating the water main outside
of the MnDOT ROW. In order to relocate the water main we needed to secure a small easement
across the property located at 18670 Simonet Drive.
DISCUSSION:
The owner has agreed to let us use a portion of the property for the construction and maintenance
of water 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
• Map— 18670 Simonet Drive
• Map—Utility Easement
rMerEAEI BY
EN Page 1 of 1 NATURE
Reliable Public
Power Provider POWERED T O S ERV E
51
GRANT OF EASEMENT
FOR WATER UTILITY FACILITIES
TH,I� GRANT OF EASEMENT is made on this 1341 day of Fi"J
2017, by Vv hn l^ 5m)4-11) �., M GbJ,. Em;4-h , husband and wife, owner,
("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 water
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 water 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.
52
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.
Warrantyof Title—Grantor represents and warrants to Grantee that Grantor is the
7. P
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
2
53
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]
3
54
IN WITNESS WHEREOF,the parties hereto have executed this Grant of Easement on
the above date.
GRANTORS: GRANTEE:
ELK RIVER MUNICIPAL UTILITIES
C 1 B .
Y
John J.Dietz
Its: Chair
1.74 By:
Troy Adams
Its: General Manager
Drafted by:
Elk River Municipal Utilities
13069 Orono Parkway
Elk River,MN 55330
4
55
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me on this 13''' day of
-iA;a40 M.J , 2017, by (� hn I 3 3 a4 Mic.t ri . Sr»�1b , as
0 OWWitf
VS: 3
N ary Public
�1` .
STATE OF MINNESOTA ) 4 MICHELLE TCANTERBURY It NOTARY PUBLIC-MINNESOTA
)SS. My Commission Expires Jan.31,2020
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
5
56
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 1,Best Point on Lake Orono
A-1
57
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREA
A Permanent Easement for utility purposes over, under, and across Lot 1, Best Point on Lake
Orono,Sherburne County,Minnesota:
Beginning at the most northerly corner of said Lot 1 thence south along the east line of said Lot 1
a distance of 10.00 feet; thence west to a point on the west line of said Lot 1, thence
northeasterly along the west line of said Lot 1 to the point of beginning.
B-1
58
'iLial13 ,. c .0 95 7(3
l
', ,,:r1r tGxrn ,
t ' ijOr I T ' 0
I'
t ti's
,z .. < . J , <4' t4 ii'""- " > eta": '
:~
en ,
e..
3'
•
teats{
/ t'•'��pta Sl
`I tVJ3�G+\ 1•
--1 -. 3J>
ap .iy v..
trigvI 11 s
0 100 200 tt
imommio Feet ,0,6 6 > v 1
. 1
I 1 inch=200 feet •C' ‘ II. ' I ' i 2,9 9
t y.ww,.,wa weef>, +y wi., s._..✓4 .'Y-moo"A ay."=,-.-.
t.3E:..-7- >.» ow.r>...SI Ir:'i.%rr. ii....Ty fl
ORlI/►U t�y 1
4.11.,-."
..}ywry✓.p r • :.rary"'( Y.ar rv/r-i>we tvnry.-.A::}
M.r,.TM i.tii45,..::.'4f,":-.11,!;-,,:.,:!..'i';',-.'";4-
.•:i.:"wir..I f'n r;:"ti:ii7:%•�r`.
.Ynrl1>..>.e-Ia:».lvl.ral•ir�'t' '
. ..,.,.r a....,.n.... W'`NtiJ.:efµf AJd�ila'!
„ in•/rry"••.a"••u•m('p4 I- ,r....mw>J.I&>.rY,-,rw rwa>rr>a.
_ ! `1,t.'� .':..I'lb�Y i T Jh1F efr- eria-�na
I
1
.. .,,r d nrx ray u't•rara.e
I /
J t
zd.:a f;
$
/ ,
•
N
I, ii .
7
v O
g O
Y
1
S
3
r.
//// Project:ELKMU 140313
PNntDate:2/812017 18670 SIMONET DR Figure
I- 0Maphy:mstauernegel PROJECT NAME g
Projecbon:Sherburne County Coords
1
Souree;Sherburne County c IS,
SEHSEN,SING Elk River, MN
mS.nn.aSp.ln\Smy.Mt.nm.jOMiS9)MDyabum\bddt.pnp.annUsawnnpyamnpaa,wnd,bl.•.m.t.lMMHSdEMddb..s.rof..nqa.».nitINThtermeSlaD.tc.mcan bW..e.dnbrroMv4M.Ib,nma1,bIrn.Afnpd.dp,banO/atnMa,dWhlopmo\ran,beva+bwpu.m,aadl,b.d.,.mwa,npMa.4Sa.cb u.aC7n174:7.Wg/tSSHp...... i•bha.iNOH44
mpacln.vJ\d9..nnl SEH.,mlln.t.M.M.b,any d.m.9.a44*tdw od ofpn,n...emu.a.ardab 5.tidad
59
, Q)
I8td110N OJW I
� 13 ,TS'
400
ok
e
Li
00 z � is
Rt
i �. '„"4�,,' `°moi 9g 8
jJi
d� 1.-Lu wc 0
} I-
I 0 J
o;» ) D LLJ
II
��
I. 00 :2
II
Et o
( y ;$
� .. %.'.„},.." 22
ice" j 9
.14
ti
�w- Vin 2.
gil
it
$e
9ay
ee
�v r_ r I +�g
t3
� 111 e
, g^ €� a
sV
7 AI is
NA Ee
if
1 j ]! a
_"ti Earnm GF
il
d ;0
I.
ou- If
YF
$a
t LI (1411D N
li
If
o t
a 6a
2
�
y� = g.
VCS �� W g
5
a
pvw'AUedol,edepOSIE.061t6ulMelp-lSWBap-leuy g16 lE0YNOWN131313tl1'd glad