4.4. SR 05-18-2020City of
Qk*'
River
Request for Action
To
Item Number
Mayor and City Council
4.4
Agenda Section
Meeting Date
Prepared by
Consent
May 18, 2020
Justin Femrite, P.E., Public Works Director
Item Description
Reviewed by
Accept Permanent and Temporary Easement
Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, the attached Permanent and Temporary Easement from Central Lutheran Church
to facilitate relocation of signal system and associated entrance work.
Background/Discussion
ISD #728 will be reconstructing the Elk River High School parking lot this summer. As part of the
reconstruction, the existing traffic signal at Lions Park Drive and School Street will be relocated to the
western driveway to Central Lutheran Church. As part of the traffic signal relocation, additional right of
way (ROW) from Central Lutheran Church for the traffic signal system was necessary.
Upon acceptance with this action, the easement document will be recorded at the county.
Financial Impact
None, the school district negotiated and made payment with the church for said easements.
Attachments
■ Easement Document
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e
service, and community engagement that encourages and inspires pi ospei ly INAMIRE1
(Reserved For Recording Information)
GRANT OF PERMANENT AND
TEMPORARY EASEMENT
THE CENTRAL LUTHERAN CHURCH OF ELK RIVER, NIINNESOTA, a
Minnesota nonprofit corporation, hereinafter referred to as "Grantor", in consideration of One Dollar
($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 referred to as the "City", its successors and assigns, the following
easements:
1. Permanent easement for roadway, sidewalk, and public drainage and utility purposes
over, across, on, under, and through land situated within the County of Sherburne, State of Minnesota,
legally described on the attached Exhibit "A" and depicted on the attached Exhibit `B" ("Permanent
Easement Premises"), including the rights of the City, its contractors, agents, servants, and assigns,
to enter upon the Permanent Easement Premises at all reasonable times to construct, reconstruct,
inspect, repair, and maintain said roadway, sidewalk, and public drainage and utility systems over,
across, on, under, and through the Permanent Easement Premises, together with the right to grade,
level, fill, drain, pave and excavate the Permanent Easement Premises, and the further right to remove
1
209752v1
trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and
maintenance of said roadway, sidewalk, and public drainage and utility systems.
2. A temporary construction easement over, across, on, under and through the land
situated in the County of Sherburne, State of Minnesota, as legally described on the attached Exhibit
"A" and depicted on the attached Exhibit "B" (the "Temporary Easement Premises"). To have and
to hold the same, unto the City, its contractors, agents, servants and assigns, commencing upon the
execution of this document and expiring September 25, 2020, together with the right of ingress to
and egress from the Temporary Easement Premises, for the purpose of constructing, reconstructing,
inspecting, repairing, and maintaining the property of the City, at the will of the City, its successors
and assigns. Grantor hereby grants the uses herein specified without divesting itself of the right to
use and enjoy the above described Temporary Easement Premises, subject only to the right of the
City to use the same for the purposes herein expressed.
The above named Grantor, for itself, successors and assigns, does covenant with the City, its
successors and assigns, that it is well seized in fee title of the above described Permanent and
Temporary Easement Premises; that it has the sole right to grant and convey the easements to the
City; that there are no unrecorded interests in the Permanent and Temporary 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 document this
day of , 2020.
2
2097520
GRANTOR:
THE CENTRAL LUTHERAN CHURCH
OF ELK RIVER, MINNESOTA
By:
[title]
STATE OF MINNESOTA )
)SS.
COUNTY OF �JA�-6 �_),
The foregoin instrument was acknowledged before me this _ day of �1 fil � ,
2020, by KUyL`P�— , the � �t►2� PQ�ccuct_;<-)
of THE CENTR# LUTHEIt N CHURCH OF ELK RIVER, MINNESOTA, a Minnesota
nonprofit corporation, on behalf of said nonprofit corporation.
RACHEL, M IPEDERSON
NOTARY PUBLIC
MINNESOTA
(ip CANMilflk� E�pkM,lrn. ata 2021
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/smt
Notary Public
2097520
EXHIBIT A
A perpetual easement for roadway, sidewalk, drainage and utility purposes over, under and across
the North 12.00 feet of the South 400.00 feet of the East 88.00 feet of the West 772.61 feet of the
Northeast Quarter of the Northeast Quarter of Section 33, Township 33, Range 26, Sherburne
County, Minnesota, as measured at a right angle to the south and west lines of said Northeast Quarter
of the Northeast Quarter.
Together with a temporary easement for construction 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:
The North 12.00 feet of the South 400.00 feet of the East 5.00 feet of the West 777.61 feet.
AND
The North 7.54 feet of the South 388.00 feet of the East 15.70 feet of the West 777.61 feet.
AND
The North 44.99 feet of the South 388.00 feet of the East 45.72 feet of the West 761.91 feet.
Said temporary easement is set to expire on September 25, 2020.
4
2097520
EXHIBIT "B" Page 1
SURVEYOR'S CERTIFICATION
DESCRIPTION I hereby certify that this survey, plan, or report was prepared by me or
A perpetual easement for roadway, sidewaik,d€ainage and utility purposes over, under under my direct supervision and that I am a duly Licensed Land Surveyor
and across the North 12.00 feet of the South 40100 feet of the East 88.00 feet of the under the laws of the State of Minnesota.
West 772.61 feet of the Northeast quarter of the Northeast Quarterof Section 33,
Township 33, Range 26, Sherburne County, Minnesota, as measureddat a a ri right angle to thehe
south and west lines of said Northeast quarter of the Northeast Quarter. 111M�r Qdj14j2020
Andrew Hill Date
ROADWAY, SIDEWALKAND UTILITY License Number57632
EASEMENT CONTAINING 1055 FT'
48otton & Menk, Inc. 2020, All Rights Reserved
EASEMENT EXH(BT Part ofthe Northeast Qtr. of the Northeast Qtr.
1103 School St, Elk River, Minnesota Section 33,Township 33, Range 26
BOLTO N Sherburne County, Minnesota
7533 SUNWOOD DR NW, SUITE 208
& M E N K RAMSE(7 3) 433-2851 55303 FOR: City of Elk River
JUC NUMULK: 1,113.12U'J4U FIELD BOOK: DRAWN By.- AU]
5
209752vl
EXHIBIT B, Page 2
! ______-
_________________„______ 777.61 -
..,...__�rl-_____________________________ 761.91 ____
e WESTLIN€OFTHE NEYl4-NE}'y
SOUTH LINE OFTHE NEY4-NEY4
DESCRIPTION
A temporary easement for construction 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, descrbed as follows:
The North 12.00 feet of the South 400.00 feet of the East 5.00 feet of the West 777.61 feet.
AND
The North 754f-t of the South 3a8.00 feet of the East 15.70 feet of the West 777.61 feet
AND
The North 44.99 feet of the South 383,00 feet of the East45.72 feet of the West 761.91 feet.
TEMPORARY EASEMENT
CONTAINING 2236 FT' @Bolton & Menk. Inc.
--5.o0-w--
0 20
SCALE IN FEET
I
II
I
1
1
SURVEYOR`S CERTIFICATION
I hereby certify that this survey, plan, or report was prepared by me or
under my direct supervision and that I am a duly Licensed Land Surveyor
under the laws of the State of Minnesota.
4 4—
i 04102/2020
Andrew Hill
License Number57632
Date
TEMPORARY EASEMENT EXHIBIT
Part oftheNortheast Otr.oftheNortheast Qtr.
ScFh000�ll SSt, Elk River, Minnesota
Section 33, Township 33, Range 26
l�11103
BOLTONSherburne
75339UNWOOD DR NW, SUITE 205
County, Minnesota
RAMSE(7 MINNESOTA 3) 433-285155303
S&MENK
FOR: City of Elk River
-NUIYIGets: N1d.12uYgt rItLD BUUR:
6
2097520
DRAWN BY: ALH