4.14. SR 04-17-2017 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.14
Agenda Section Meeting Date Prepared by
Consent Aril 17, 2017 Brandon Wisner, Stormwater Coordinator
Item Description Reviewed by
Execute Grant of Easement for Stormwater Cal Portner, City Administrator
Drainage Purposes Reviewed by
Action Requested
Execute,by motion, an easement for stormwater drainage purposes and direct staff to record the
easement with Sherburne County.
Background/Discussion
During the plan review for the 2017 Street Improvement Project, staff identified one property without a
drainage easement where stormwater drains through from a city street.
As the grantee, this easement gives the city permission to install an upgraded stormwater pipe to prevent
erosion of the hillside on the property and gives the city authority to maintain this area for stormwater
management purposes.
Staff met with the property owners on site and reviewed all the information to ensure they were fully
aware of the intent of the agreement.
Financial Impact
Sherburne County recording fee
Attachments
■ Grant of Easement for Stormwater Drainage Purposes
POWERED 6T
Template Updoted 4/14 INAWRE1
GRANT OF EASEMENT
FOR STORMWATER DRAINAGE PURPOSES
THIS GRANT OF EASEMENT is made to this Igo" da of rl
Y >
2017, by Gary L. Anderson and June M. Anderson ("Grantor") to the Cityof Elk River, a
Minnesota municipal corporation ("Grantee").
RECITALS
Grantor is the owner in fee simple of real property in the County of Sherburne,
Minnesota, which is legally described as Lot 8, Block 1, Ridgewood East, Sherburne County,
Minnesota (the "Property"). Grantee desires to use a portion of the Property for stormwater
management purposes, including a stormwater drainage pipe and swale.
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. Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent,
non-exclusive easement (the "Easement") for the purpose of permitting Grantee to install,
operate, maintain, repair, remove and replace a drainage pipe and swale to carry
stormwater across the portion of the Property depicted on the drawing attached hereto as
Exhibit A (the "Easement Area") 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 nm 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, without limitation to, all subsequent
owners of the Property and all persons claiming under them.
2. Use of Easement Area by Grantor: Reservation of Rights. Grantor hereby agrees that it
will not perform or allow or cause the construction of any improvements on the Property
which could damage or obstruct the drainage pipe or the drainage improvements in the
Easement Area; or interfere with Grantee's access to or use of the Easement. 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 which
does not interfere with Grantee's rights hereunder.
3. Conduct of Work and Notification. Any installation, maintenance, replacement, repair
and/or removal of the drainage pipe or other drainage improvements performed by
Grantee, its agents and employees, shall be performed at Grantee's sole cost and expense.
Grantee shall have the right to enter on the Easement Area for the purpose of
maintenance and repair of the drainage improvements at any time. Maintenance or other
work which requires the surface of the Easement Area to be excavated shall only be
commenced after thirty (30) days' notice to the Grantor, except that in an emergency the
work may be initiated upon such notice as is reasonable under the circumstances.
4. Restoration by Grantee. If the surface of the Property or any portion thereof, or any
landscaping, curbing, pavement or other improvements thereon, shall be disturbed by the
installation, operation, maintenance, replacement, removal or other activities performed
by or on behalf of Grantee in connection with the use of the Drainage Pipe Easement,
said surface and improvements shall be restored by Grantee to their condition prior to
such disturbance.
5. 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 works or materials
finnished by Grantee in connection with the Easement, and Grantee agrees to indemnify,
defend and hold Grantor harmless from and against the same.
6. 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 of mortgages,
contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other
encumbrances or verbal or written agreements of any nature whatsoever affecting title to
the Property. 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.
Governing Law. This Grant of this Easement shall be construed and governed by the
laws of the State of Minnesota.
[signature pages follow]
2
IN WITNESS WHEREOF, the parties hereto have executed this Utility Easement
Agreement on the above date.
GRANTEE:
CITY OF ELK RIVER
By:
J lm J. ietz
s Maayo�or
v'
Ey: Z
Tina Allard
Its City Clerk
STATE OF MINNESOTA
II-- ) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this J V day of,
2017, by John J. Dietz and Tina Allard, the Mayor and City Clerk of the City of Elk River, a
Minnesota municipal corporation under laws of the State of Minnesota, on behalf of the
corporation.
NNIFER O. JOHNSON
1qWMYC�W0nEXPiffiSJWUMV31,20j20
Notary Public
Minnesota
Notary Public
GRANTOR:
Gary L. r,;i1derson
i
STATE OF MINNESOTA ) ss.
COUNTY 017,%"'Arne-)
The foregoing instrument was acknowledged before me this o�� day of 4(r
,
2017, by Gary L. Anderson and June M. Anderson.
«�nJENNIFER-0 -
ENNIFERO. mm
m
rN
liPubcNryotann'
Notary Public
Drafted by:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
11
EXHIBIT A
DRAWING OF THE EASEMENT AREA
A-1
Easement Exhibit
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LOT 8
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The most Southerly — 1
Comer of Lot 8, Block 1
LOT 10
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EASEMENT DESCRIPTION:
A permanent 30.00 foot wide strip easement for drainage and utility purposes over, under and across that port of Lot
B. Block 1, RIDGEWOOD EAST, Sherburne County. Minnesota; the centerline of said strip eosemmf is described as follows:
Commmcing of the most Southerly corner of said Lot B said Block 1; thence North 74 degrees 20 minutes 30 seconds
West assumed bearing along the south line of sold Lot 8 a distance of 17.35 feet to the Intersection with the drainage
and utility easement line as shown on the recorded plat of RIDGEWOOD EAST; thence northerly a distance of 73.27 feet
along said drainage and utility easement line said line being a nm -tangential curve concave to the east, said curve has
a radius of 70.00 feet. a central angle of 59 degrees 58 minutes 11 seconds, and a chord which bears North D3
degrees 06 minutes 53 seconds West to the point of beginning of the centerline to be descrmed; thence North 50
degrees 04 minutes 25 minutes West not tangent to last described curve a distance of 42.53 feet and sold centedine
there terminating. The sidelines of said strip easement are to be prolonged or shortened to intersect on said drainage
and utility easement as shown on the recorded plat of RIDGEWOOD EAST. ��TT
Area of Easement 1,293 eq, ft = 0.030 ones It
j1e7L01!fS
Easente'nt Scale
1' - 30•
1 hereby certify that this survey, plan or report was prepared by me Easement Exhibit 51EEr
or under my direct supervision and that I am a duly Professional�Hakanson fef
Licensed L Surveyor r the laws of the State of Minnesota. �111Anderson E LOT B. BLD 1.
6/ RIDGEWOOD EAST
01,
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