4.12. SR 06-15-2020
Request for Action
To Item Number
Mayor and Council 4.12
Agenda Section Meeting Date Prepared by
Consent June 15, 2020 Justin Femrite, P.E., Public Works Director
Item Description Reviewed by
County Road 12 Easements Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, permanent and temporary easements to facilitate construction of the CSAH 12
improvements and their effects on the city owned property containing Hillside Park.
Background/Discussion
The attached easements are necessary to document the limits of the planned improvements of CSAH 12
along Hillside Park.
Financial Impact
The county has committed to installation of a retaining wall to limit the impacts of the project into the
park at the request of the Park and Recreation Director. The cost of the wall is an agreeable exchange in
value for the easements. No additional money will be exchanged by either party.
Attachments
Permanent and Temporary Easement Documents
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
PERMANENT EASEMENT
This agreement is made between the City of Elk River, a municipal corporation, GRANTOR and the County of
Sherburne, a political subdivision of the State of Minnesota, GRANTEE which is effective as of the _____ day
of ____________________, 2020.
PERMANENT EASEMENT
For the agreed upon amount the Grantor hereby convey to the Grantee a perpetual and assignable easement
interest and right of way in, over and across the following described land for the location, construction,
operation, maintenance, alteration and replacement of road and appurtenances thereto; and other vegetation,
structure or obstacles within the limits of the right of way as well as the right to lay, construct, repair, maintain,
operate, renew and replace roadway improvements, sanitary sewer and storm drain collections systems, water
distribution systems, public utilities (including but not limited to electric power lines, cable lines, telephone lines,
natural gas lines and optic fiber lines) and appurtenances. The Grantee shall also have the right within the
permanent easement to create, maintain, repair or alter within the right of way pedestrian walkways, bike
pathways, recreational or snowmobile trails and other alternative modes of transportation, including but not
limited to personal transportation devices. The Grantor(s) recognizes that the Grantee may also use for the
purpose of weed control the application of chemicals.
The legal description of this permanent easement is:
See Attached EXHIBIT A
75-002-1200 A
This easement granted to the County of Sherburne is subject however to a right of the Grantor(s) to cross over
the easement to the existing residence, field, or commercial operation. The Grantor(s) acknowledge that if the
use of the property that is being accessed is modified for use, for example, changing from a residential to
commercial use or farm field to a residential development will require a permit from the Sherburne County
Public Works Department and such access modification shall not be guaranteed due to safety considerations.
Further, this easement is subject to the existing easements on record as of the date of filing of this Agreement
with the Sherburne County Recorder/Registrar for public roads and highways, public utilities, railroads and
pipelines.
This grant of permanent easement shall run with the land and shall be binding on and shall inure to the benefit
of the County of Sherburne and any successors in title of the Grantor(s), their assigns or heirs.
The Grantor(s) understand that the preservation of the clear zone and the lack of obstruction on the easement
are critical for the traveling public and the maintenance of the easement by the public entity. Therefore, the
Grantor(s) understand that the placement of any obstruction, temporary or permanent in nature is not allowed
in the easement. Any obstruction shall be removed immediately by the Grantor(s), its assigns or successors in
title. Failure to remove the same shall require removal at the option of the Grantee and the Grantor(s) shall
pay the actual cost of such removal.
It is agreed that the conveyance of this easement shall be governed by the laws of the State of Minnesota.
Immediately following the completion of the construction, the Grantee will cause to be removed from the
temporary or permanent easement all debris, surplus materials and construction equipment and leave such
property in a neat and presentable condition. This may include the necessity to re-establish grass in the road
ditch. All surplus excavated earth shall be contoured into the area or removed. The Grantee shall restore the
area to smooth contours.
STATE OF MINNESOTA
ss.
}
COUNTY OF _______________________
The foregoing instrument was acknowledged before me this _______day of ___________________ , 2020,
by John J. Dietz as Mayor and Tina Allard as City Clerk of the City of Elk River, a municipal corporation under
the lays of the State of Minnesota, Grantor.
NOTORIAL STAMP OR SEAL (OR OTHER TITLE OR BANK
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
THIS INSTRUMENT WAS DRAFTED BY:
SHERBURNE COUNTY PUBLIC WORKS DEPT.
13880 BUSINESS CENTER DR SUITE 100
ELK RIVER, MN 55330
EXHIBITA
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TheWestHalfoftheNortheastQuarter(W½ofNE¼)ofSectionTwo(2),Township
Thirtytwo(32),RangeTwentysix(26),SherburneCounty,Minnesota.
EXCEPT
ThatpartoftheNorthwestQuarteroftheNortheastQuarterofSection2,Township32,
Range26,SherburneCounty,Minnesotadescribedasfollows:Beginningatthesoutheast
cornerofsaidNorthwestQuarteroftheNortheastQuarter;thencewestalongthesouth
lineofsaidNorthwestQuarteroftheNortheastQuarter,adistanceof70.00feet;thence
northdeflecting98degrees47minutes40secondsright,adistanceof165.56feet;
thencenorthdeflecting3degrees51minutes56secondsright,adistanceof102.05feet;
thencenorthdeflecting4degrees45minutes59secondsleft,adistanceof148.22,feet
tothenorthlineoftheSouth410.00feetofsaidNorthwestQuarteroftheNortheast
Quarter;thenceeastalongsaidnorthline,adistanceof11.00feettotheeastlineofsaid
NorthwestQuarteroftheNortheastQuarter;thencesouthalongsaideastlinetothe
pointofbeginning.
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Apermanenteasementforroadwaypurposesover,under,andacrossthatpartoftheabove
describedpropertylyingsoutherlyofthenorth50.00feetandnortherlyofLinesA,B,C,andD,said
LinesA,B,C,andDdescribedasfollows:
LineA:Commencingatthenorthwestcorneroftheabovedescribedproperty;thenceSouth01
degree17minutes00secondsWest,assumedbearingalongthewestlinethereof,adistanceof
50.01feettotheintersectionwiththesouthlineofthenorth50.00feetofsaidproperty;thence
South89degrees51minutes32secondsEast,alongsaidsouthlineofthenorth50.00feet,a
distanceof97.11feettothepointofbeginningofsaidLineAtobedescribed;thenceSouth00
degrees08minutes28secondsWest,adistanceof15.00feet;thenceSouth89degrees51
minutes32secondsEast,adistanceof20.00feet;thenceNorth00degrees08minutes28
secondsEast,adistanceof15.00feettothesouthlineofthenorth50.00feetandsaidline
thereterminating.
LineB:Commencingatthenorthwestcorneroftheabovedescribedproperty;thenceSouth01
degree17minutes00secondsWest,assumedbearingalongthewestlinethereof,adistanceof
50.01feettotheintersectionwiththesouthlineofthenorth50.00feetofsaidproperty;thence
South89degrees51minutes32secondsEast,alongsaidsouthlineofthenorth50.00feet,a
distanceof192.67feettothepointofbeginningofsaidLineBtobedescribed;thenceSouth83
degrees59minutes49secondsEast,adistanceof88.12feet;thenceSouth89degrees51
minutes32secondsEast,adistanceof178.68feet;thenceSouth00degrees08minutes28
secondsWest,adistanceof6.00feet;thenceSouth89degrees51minutes32secondsEast,a
distanceof20.00feet;thenceNorth00degrees08minutes28secondsEast,adistanceof15.00
feettothesouthlineofthenorth50.00feetandsaidlinethereterminating.
LINEC:Commencingatthenorthwestcorneroftheabovedescribedproperty;thenceSouth01
degree17minutes00secondsWest,assumedbearingalongthewestlinethereof,adistanceof
50.01feettotheintersectionwiththesouthlineofthenorth50.00feetofsaidproperty;thence
South89degrees51minutes32secondsEast,alongsaidsouthlineofthenorth50.00feet,a
distanceof718.60feettothepointofbeginningofsaidLineCtobedescribed;thenceSouth00
degrees08minutes28secondsWest,adistanceof8.00feet;thenceSouth89degrees51
minutes32secondsEast,adistanceof140.00feet;thenceNorth00degrees08minutes28
secondsEast,adistanceof8.00feettothesouthlineofthenorth50.00feetandsaidlinethere
terminating.
LINED:Commencingatthenorthwestcorneroftheabovedescribedproperty;thenceSouth01
degree17minutes00secondsWest,assumedbearingalongthewestlinethereof,adistanceof
50.01feettotheintersectionwiththesouthlineofthenorth50.00feetofsaidproperty;thence
South89degrees51minutes32secondsEast,alongsaidsouthlineofthenorth50.00feet,a
distanceof858.60feettothepointofbeginningofsaidLineDtobedescribed;thenceSouth84
degrees11minutes39secondsEast,adistanceof105.41feet,thenceSouth89degrees42
minutes16secondsEast,adistanceof177.88feet,thenceNorth45degrees08minutes24
secondsEast,adistanceof8.32feet,thenceNorth00degrees08minutes28secondsEast,a
distanceof5.00feettothesouthlineofthenorth50.00feetandsaidlinethereterminating.
Temporary Construction Easement
County Project No. 71-612-008
Parcel ID # 75-002-1200
Sherburne County, Minnesota
On this ___________ day of ___________________________ , 2020.
FOR VALUABLE CONSIDERATION, the City of Elk River, a municipal corporation, under the laws of
Minnesota, Grantor, hereby grants to the County of Sherburne, Grantee, a Political subdivision of the
State of Minnesota, a temporary easement over and across real property in Sherburne County,
described as follows:
See attached EXHIBIT A
Said temporary construction easement shall be in effect for sixteen months starting from the date
construction starts and ending sixteen months later.
GRANTOR(S) HEREBY AGREE to allow the grantee to alter the existing grade in the above described
easement area to the extent necessary to properly grade the reconstruction project.
GRANTEE HEREBY AGREES that the easement area shall be restored to its original condition as
nearly as possible except for trees, shrubs and gardens. Sod, topsoil, fences, mailboxes, and
driveways will be restored.
GRANTOR HEREBY AGREES to grant the County the option (Extension Option) to extend the term of
this temporary easement for one (1) twelve (12) month period (Extension Term), in accordance with the
following terms:
(a) Such option shall be exercised by written notice (Extension Notice) from the County delivered to
Owner not less that fourteen (14) days prior to the expiration of the term of this easement.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands the day and year first above
written.
STATE OF MINNESOTA
ss.
}
COUNTY OF SHERBURNE
__________________________________
__________________________________
Drafted by:
Sherburne County Public Works
13880 Business Center Dr
Elk River, MN 55330
FYIJCJUB
NW CORNER OF PARCEL
N LINE OF PARCEL
0
60
6
POB "LINE A"
95.56
POB "LINE C"
50
POB "LINE B"
POB "LINE D"50
525.93
140.0
0
50.01
8.008.00
97.11
15.00
15.00
5.00
88.12
6.00
105.41
140.00
15.00
20.00177.88
178.68
20.00
8.32
S LINE OF THE N 50.00 FT
SOUTH RIGHT OF WAY LINE OF
W LINE OF PARCEL
C.S.A.H NO. 12 PER SHERBURNE
E LINE OF PARCEL
COUNTY HIGHWAY RIGHT
OF WAY PLAT NO. 7
6
6.0
0
66' ROADWAY EASEMENT
PER DOC. NO. 142454
OWNER: THE VILLAGE OF ELK RIVER
ADDRESS: NA
PID: 75-002-1200
0200
1 inch = 200 feet
TEMPORARY CONSTRUCTION EASEMENT AREA = 24,038 SQ. FT.
PERMANENT ROADWAY EASEMENT AREA = 6,208 SQ. FT.
PARCEL LIMITS
CONSTRUCTION LIMITS
WSB Project No. 014875-000
Prepared by:
Date: 3/31/2020
C.S.A.H. 12
Easement Exhibit
75-002-1200
Sherburne County, Minnesota
K:\\014875-000\\Survey\\Easement\\014875-000 75-002-1200.dwg, 3/31/2020 3:27:22 PM