4.9. SR 03-04-2019Request for Action
To
Item Number
Mayor and Council
4.9
Agenda Section
Meeting Date
Prepared by
Consent
March 4, 2019
Brandon Wisner, Stormwater Coordinator
Item Description
Reviewed by
Grant of Permanent Easement
Cal Portner, City Administrator
Reviewed by
Action Requested
Accept, by motion, a Permanent Easement at Lot 3, Block 1, Prestigious Woodland Hills Second
Addition
Background/Discussion
The owner of this parcel is requesting to build a walkout home vs. a lookout which was approved on the
development plan.
To do so, the backyard elevation must be lowered 3-4 feet which changes some of the surface water flow.
They are going to grade in a drainage swale to ensure the water from the neighboring three properties can
still drain through this proposed easement to its ultimate location in the stormwater basin northeast of
the proposed home location. This easement will ensure the elevations and drainage pattern will be
protected in the future.
The Drainage and Utility Easement is shown in the yellow striped box in Exhibit `B".
Financial Impact
Sherburne County recording fee
Attachments
0 Grant of Easement, Exhibit "A" and Exhibit "B"
The Elk River Vision
A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional P,` 01 W E H E 8 6 T
service, and community engagement that encourages and inspires prosperity INAMIRE1
(reserved for recording purposes)
GRANT OF
PERMANENT EASEMENT
PAUL G. MERKLE and LARISSA M. MERKLE, husband and wife, hereinafter referred
to as "Grantors," in consideration of One Dollar(s) ($1.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby grant unto
the CITY OF ELK RIVER, a Minnesota municipal corporation, the Grantee, hereinafter referred
to as the "City," its successors and assigns, forever, a permanent easement for drainage and utility'
purposes over, across, on, under, and through land situated within the County of Sherburne, State of
Minnesota, as legally described on the attached Exhibit "A" and depicted on the attached Exhibit
"B" (the "Easement Premises").
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the Easement Premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public drainage and utility systems over, across, on, under, and through the Easement
Premises, together with the right to grade, level, fill, drain, pave and excavate the Easement
Premises, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said drainage and utility systems.
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The above named Grantors, for themselves, their heirs, successors, and assigns do covenant
with the City, its successors and assigns, that they are well seized in fee title of the above described
Easement Premises; that they have the sole right to grant and convey the easement to the City; that
there are no unrecorded interests in the Easement Premises; and that they will indemnify and hold
the City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantors hereto has signed this agreement this
1019
char of k� I � , W�1.
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Larissa M. Merkle
STATE OF MINNESOTA CANDACE LEE GREEN
NOTARY PUE3LIC
)ss.
COUNTY OF
—41
The foregoing instrument was acknowledged before me this day of
2019, by Paul G. Merkle and Larissa M. Merkle, husband and wife.
J 'I, !� , , I "t -U
Notary Public
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
AMP/srnt
201036v2 2
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
EASEMENT DESCRIPTION
A drainage and utility easement over, under, and across that part of Lot 3, Block 1,
PRESTIGIOUS WOODLAND HILLS SECOND ADDITION, according to the recorded plat
thereof, Sherburne County, Minnesota, which lies northeasterly of a line described as
commencing at the southeasterly comer of said Lot 3; thence on an assumed bearing of South 67
degrees 29 minutes 21 seconds West along the southerly line of said Lot 3 a distance of 38.52
feet to an existing drainage and utility easement line as shown on said Lot 3; thence North 51
degrees 09 minutes 20 seconds West along said drainage and utility easement line a distance of
63.25 feet to an angle point; thence North 39 degrees 54 minutes 03 seconds West continuing
along said drainage and utility easement line a distance of 33.40 feet to the point of beginning.
Thence North 87 degrees 54 minutes 59 seconds West a distance of 95.03 feet to the westerly
line of said Lot 3 and there terminating.
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EXHIBIT "B"
TO
GtANT OF PERMANENT EASEMENT
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201036v2