RES 19-36ver
Resolution 19- 36
A Resolution Approving Acquisition of Permanent Easement
WHEREAS, the City of Elk River ("City") requires a permanent easement for public street,
drainage and utility purposes in connection with the Lions Park Drive project;
WHEREAS, The Central Lutheran Church of Elk River ("Owner") is the fee owner of real
property located within the City of Elk River with a property address of 1103 School St. NW, Elk
River, Minnesota 55330 ("CLC Property")
WHEREAS, Owner has agreed to grant the City a permanent easement for street, drainage and
utility purposes over a portion of the CLC Property as legally described within the Grant of
Permanent Easement attached hereto as Exhibit A ("Easement");
WHEREAS, the City has agreed to pay the Owner $18,547.50 as compensation in full for the
granting of the Easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows: The City Council hereby approves the Easement and payment of $18,547.50
to the Owner for the Easement.
Passed and adopted this 19th day of August, 2019.
4J. D tz, r
ATTEST:
Tina Allard, City Clerk
204435v1
Exhibi...
(rwerved for recordingpurposes)
GRANT OF
PERMANENT EASEMENT
THE CENTRAL LUTHERAN CHURCH OF ELK RIVER, a Minnesota nonprofit
corporation, hereinafter referred to as "Grantor," in consideration of One Dollar(s) ($1.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant unto the CITY OF ELK RIVER, a Minnesota municipal Corporation, the Grantee,
hereinafter referral to as the "City," its successors and assigns, forever, a permanent easement for
right-of-way 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 right-of-way system 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 right-of-way system.
2044370 1
The above named Grantor, for itself, its heirs, successors, and assigns does covenant with
the City, its successors and assigns, that is well seized in fee title of the above described Easement
Premises; that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the Easement Premises; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this agreement this 19 b�
day of , 2019.
L
GRANTOR. -
THE CENTRAL LUTHERAN CHURCH
OF ELK RIVER
By: 5—
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of
'r , 2019, by - 1".�oL U 1' the
U-4 cf-cr�, ,l _ of 1'he Central Lutheran Church of Elk River, a
Minnesota no t corporation, on behalf of said none , t corporation. �,�y�
� o°
tary Public
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: (651) 452-5000
AMP/smt
2044370 2
NACR L it PEDERSON
Mlli'ME80TA
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EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
EASEMENT DESCRIPTION
A perpetual easement for right of way purposes over, under and across that part of the Northeast
Quarter of the Northeast Quarter of Section 33, Township 33, Range 26, Sherburne County,
Minnesota, described as follows:
Commencing at the northeast corner of said Northeast Quarter of the Northeast Quarter;
thence on an assumed bearing of South 00 degrees 02 minutes 29 seconds West along the
east line of said Northeast Quarter of the Northeast Quarter, a distance of 933.09 feet to
the southerly right of way of School St; thence South 89 degrees 11 minutes 37 seconds
West along said right of way, a distance of 40.00 feet to a line parallel with and 40.00
feet westerly from said east line and the point of beginning; thence continue along said
right of way South 89 degrees 11 minutes 37 seconds West, a distance of 39.31 feet;
thence South 48 degrees 20 minutes 52 seconds East, a distance of 39.19 feet; thence
South 00 degrees 02 minutes 29 seconds West, a distance of 351.58 feet; thence South 44
degrees 37 minutes 03 seconds West, a distance of 31.34 feet to the south line of said
Northeast Quarter of the Northeast Quarter; thence North 89 degrees 11 minutes 37
seconds East along said south line, a distance of 32.00 feet to said parallel line, 40.00 feet
westerly from the east line; thence North 00 degrees 02 minutes 29 seconds East along
said parallel line, a distance of 400.04 feet to said point of beginning.
204437vi 3
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
EASEMENT DEPICTION
NORTHEAST CORNER - - - -'
NE 1/4 - NE 1/4 $
SEC 33, TWP 33; ME 26
SCHOOL ST NW
ti
S 89'1137' W -
34:31- • 40.00
39-19-" - -`
S 45.20'52" E r '
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`- SOUTH RIGHT OF WAY I
LIKE OF SCHOOL ST NW i
1
I
- SOUTH LINE OF THE � I
lr NORTHEAST QUARTER � I
s OF THE NORTHEAST IF
QUARTER
I f I
3134 :�
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3200
N 89'1137" E
& Meni., Inc 2019; All
` EAST UNE OF THE
NORTHEAST QUARTE
OF THE NORTHEAST
OklARTER
LINE PARALLEL Yh rM AND 40.00
FEET WEST OF THE EAST LINE
OF IME NORTHEAST Qi1ARTER
OF THE NORTHEAST QUARTER
EASEMENT EXIHIEIT
LIONS PARK. DRIVE, ELK RIVER, MINNESOTA
SO LMM M 7533 SU94WOOD DR MV, SUITE 206
M E N y RAMSE 76M)N4,N -285.1 55303
PROPOSED EASEMENT
CONTAINING 4630 SQ. FT -
Y
O 60
SCALE IN FEET
A perpetual easement for right of way purposes over,
under and across that part of the Northeast Quarter of
the Nbrtheast Llc®rter of Section 33, Township 39, Range
26. Sherburne County, Minnesota, described as follows:
Cornntentingat the northeast caner of said Northeast
Quarter of tine Northeast Quarter; thence on an
assumed bearing of South 00 degrees 02 minutes 29
seconds West along Ova east 1 -me of said Northeast
Quarter of the Northeast Quarter, a distance of 933.09
feet to the southerly right of way of School 5t; thence
South 89 degrees 11 minutes 37 seconds West alonig
said dart of way, a distance of 40.00 feet to a fine
paralial with and 40.00 feet westerly from sold east
fine and the point of begkwv ret; thence continue along
said rfglft of way Sarah H9 degrees 11 minutes 37
seconds West, a distance of 3931 fear, thence South
48 degrees 20 minutes 52 seconds East s distance of
3519 11.S thence South 00 degrees 02 minutes 29
seconds Wes : a distance of 351-58 feet; thence South
44• degrees 37 mourtes 03 seconds West, a discuKe of
31-34 feet to the south Ikfe of said Northeast Quarter
of the Nordwast Quarter, thence North 89 degrees 11
minutes 37 seconds East along said south line, a
distanoa of 32-00 feet to said parallel Line, 40.00 feet
westerly tion the east fine; thence North 00 degrees
02 rnlrArtes 29 seconds East along said parallel line, a
distance or400.04 feet to said point of beagirmigt_
SURVEYOR'S CERTIFICATION
I hereby Certify that this survey, plan, or report was prepared
by rite or under my direct supervision and that t am a duly
Licensed Eared Surve-yorunder the laws of the State of
"nrwasota- �+
08/02/2019
Russell O. Hahgerson
License Number 41813
NORTHEAST QUARTER OF THE NORTHEAST QUARTER
SECTION 33, TOWNSHIP 33, RANGE 26
SHEMURNE COUNTY, NBNNESOTA
FOR CITY OF ELK RIVER
JOB NUMBER: R33-119052 FIELD BOOK._ WA
204437v1 4
DRAWN BY: ALH
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- SOUTH LINE OF THE � I
lr NORTHEAST QUARTER � I
s OF THE NORTHEAST IF
QUARTER
I f I
3134 :�
rIt S 4437,03" W
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3200
N 89'1137" E
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` EAST UNE OF THE
NORTHEAST QUARTE
OF THE NORTHEAST
OklARTER
LINE PARALLEL Yh rM AND 40.00
FEET WEST OF THE EAST LINE
OF IME NORTHEAST Qi1ARTER
OF THE NORTHEAST QUARTER
EASEMENT EXIHIEIT
LIONS PARK. DRIVE, ELK RIVER, MINNESOTA
SO LMM M 7533 SU94WOOD DR MV, SUITE 206
M E N y RAMSE 76M)N4,N -285.1 55303
PROPOSED EASEMENT
CONTAINING 4630 SQ. FT -
Y
O 60
SCALE IN FEET
A perpetual easement for right of way purposes over,
under and across that part of the Northeast Quarter of
the Nbrtheast Llc®rter of Section 33, Township 39, Range
26. Sherburne County, Minnesota, described as follows:
Cornntentingat the northeast caner of said Northeast
Quarter of tine Northeast Quarter; thence on an
assumed bearing of South 00 degrees 02 minutes 29
seconds West along Ova east 1 -me of said Northeast
Quarter of the Northeast Quarter, a distance of 933.09
feet to the southerly right of way of School 5t; thence
South 89 degrees 11 minutes 37 seconds West alonig
said dart of way, a distance of 40.00 feet to a fine
paralial with and 40.00 feet westerly from sold east
fine and the point of begkwv ret; thence continue along
said rfglft of way Sarah H9 degrees 11 minutes 37
seconds West, a distance of 3931 fear, thence South
48 degrees 20 minutes 52 seconds East s distance of
3519 11.S thence South 00 degrees 02 minutes 29
seconds Wes : a distance of 351-58 feet; thence South
44• degrees 37 mourtes 03 seconds West, a discuKe of
31-34 feet to the south Ikfe of said Northeast Quarter
of the Nordwast Quarter, thence North 89 degrees 11
minutes 37 seconds East along said south line, a
distanoa of 32-00 feet to said parallel Line, 40.00 feet
westerly tion the east fine; thence North 00 degrees
02 rnlrArtes 29 seconds East along said parallel line, a
distance or400.04 feet to said point of beagirmigt_
SURVEYOR'S CERTIFICATION
I hereby Certify that this survey, plan, or report was prepared
by rite or under my direct supervision and that t am a duly
Licensed Eared Surve-yorunder the laws of the State of
"nrwasota- �+
08/02/2019
Russell O. Hahgerson
License Number 41813
NORTHEAST QUARTER OF THE NORTHEAST QUARTER
SECTION 33, TOWNSHIP 33, RANGE 26
SHEMURNE COUNTY, NBNNESOTA
FOR CITY OF ELK RIVER
JOB NUMBER: R33-119052 FIELD BOOK._ WA
204437v1 4
DRAWN BY: ALH