4.8 SR 07-20-2020City of
Qk*'
River
Request for Action
To
Item Number
Mayor and City Council
4.8
Agenda Section
Meeting Date
Prepared by
Consent
July 20, 2020
Brandon Wisner, Stormwater Coordinator
Amanda Erickson, Environmental Coordinator
Item Description
Reviewed by
LORE: Right of Entry Agreement
Peter Beck, City Attorney
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the attached Right of Entry Agreements for two properties.
Background/Discussion
The advertisement for bid is currently published for the Lake Orono Restoration and Enhancement project.
The project will require access for truck hauling to remove the accumulated sediment which requires a Right
of Entry Agreement as well as appropriate compensation for the Enright property.
Additionally, with the proposed shoreline improvements on private property on the Simonet Peninsula, a
Right of Entry Agreement is needed to facilitate this proposed shoreline work for the Bickman property.
Financial Impact
LORE project budget
Attachments
Right of Entry - James D. Enright and Darlene M. Enright Revocable Trust
Right of Entry - Richard T. Bickman 2008 Trust Agreement
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
RIGHT OF ENTRY Z WAIVER OF TRESPASS
THE UNDERSIGNED, JAMES D. ENRIGHT AND DARLENE M. ENRIGHT AS
TRUSTEES OF THE JAMES D. ENRIGHT AND DARLENE M. ENRIGHT REVOCABLE
TRUST ("Property Owner"), owners of certain land in the City of Elk River, having a street
address of 13291 US Highway 10 NW and legally described on attached Exhibit A ("Subject
Property"), who are the persons with right to grant entry to the Subject Property, do hereby consent
and grant unto the City of Elk River, its employees, contractors, agents and assigns (hereinafter
"City"), the right to enter upon that portion of the Subject Property depicted on attached Exhibit B
for the purposes of accessing the lake bed of Lake Orono to implement the Lake Orono
Enhancement and Restoration Project ("LORE Project") pursuant to the specifications for the
LORE Project dated v( , 2020.
This Right of Entry does not grant to the City any easement rights, but is intended to grant
to the City, its employees, agents, contractors, and assigns only the right to enter the area of the
Subject Property depicted in Exhibit B for the purposes of the LORE Project.
This Right of Entry shall be effective as of the date of execution set forth below, but City
shall not exercise its rights under this Right of Entry unless and until the City makes payment to
the Property Owners of $6,222.79. Failure of the City to make the required payment by December
31, 2020 shall automatically terminate this Right of Entry.
This Right of Entry is temporary in nature and shall terminate upon notice from City to
Property Owners that the Right of Entry is no longer necessary, or on June 30, 2021, whichever is
earlier. This Right of Entry is granted with the understanding that the City shall restore the Subject
Property to a condition as nearly equal as possible to that which existed prior to its entry upon the
Subject Property, including the replacement of any ground cover (grass, etc.) and pavement
removed or destroyed as a result of the LORE Project, except to the extent the condition of the
Subject Property is consistent with the plans and specifications for the LORE Project.
By accepting this Right of Entry, the City acknowledges that by entering upon the Subject
Property, it does so at its own risk and agrees to indemnify, defend, save and hold the undersigned
Property Owner(s) harmless from any suit, demands, claim or liability resulting from the City's
activities described herein.
Dated this day of , 2020.
[Remainder of Page is intentionally left blank.
Signature page to follow.]
PROPERTY OWNER:
JAMES D. ENRIGHT AND DARLENE M.
ENRIGHT AS TRUSTEES OF THE JAMES D.
ENRIGHT AND DARLENE M. ENRIGHT
REVOCAB TRUST
B.
ames D. 16right Trus ee
B
Y�
Darlene M. Enright, Trustee
STATE OF MRSNESOTA )
)ss.
COUNTY OF SHERBURNE)
The foregoing instrument was acknowledged before me this day o - ,
2020, by James D. Enright and Darlene M. Enright, as Trustees of the Jame En ' ht and
Darlene M. Enright Revocable Trust.
TWILA D 5 G='N
s Notary Public
Minnesota
Fwon Exua,??
DRAFTED BY:
Campbell Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/scot
EXHIBIT A
TO
RIGHT OF ENTRY / WAIVER OF TRESPASS
Legal Description:
That part of the Southeast Quarter of the Northwest Quarter of Section 32, Township 33, Range
26, Sherburne County, Minnesota, described as follows: Commencing at the Northeast corner of
the said Southeast Quarter of Northwest Quarter thence running South along the North and South
One Quarter line of said Section 32 a distance of 219.1 feet; thence deflection angle right 60
degrees 03 minutes, direction of Southwesterly, along the tangent to the Northerly right-of-way
line of U. S. Highway No. 10 a distance of 227.5 feet to the point of beginning of the land to be
described; thence continuing! Southwesterly along the tangent to said Northerly right-of-way line
of U. S. Highway No. 10, and along the Northerly right-of-way line of S. U.S. Highway 10 a
total distance of 907 feet; thence angle right 90 degrees 00 minutes a distance of 108 feet (more
or less), to the water line of the so called Lake Orono or the Elk River; thence Northeasterly
along said water line 967 feet, more or less, to a point lying on a line perpendicular to, and
intersecting the North line of the right-of-way of U.S. Highway No. 10 at the point of beginning,
and lying 206 feet (more or less) distant Northwesterly from the point of beginning; thence
Southeasterly along said perpendicular 206 feet (more or less) to the point of beginning.
And an easement for purposes of access from U.S. Highway No. 10 as now located and
established over and across the following parts of the Southeast Quarter of Northwest Quarter of
Section 32, Township 33, Range 26, bounded on the South by the North line 30 of the right-of-
way of U.S. Highway 10; on the North line parallel with and 30 feet distant Northerly of the said
North line of the right-of-way of said U.S. Highway No. 10; on the East by the North and South
Quarter line of said Section 32; and on the West by a line drawn perpendicular to the Northerly
right-of-way line of said U.S. Highway No. 10 at the Western edge of the access to said U.S.
Highway No. 10 located 1,197 feet Southwesterly of the said North and South Quarter line of
said Section 32 as measured along the North line of the right-of-way of U.S. Highway No. 10,
excepting therefrom those portions hereof included in the premises described above.
EXHIBIT B
Depiction of Area for Right of Entry
w
G
RIGHT OF ENTRY / WAIVER OF TRESPASS
THE UNDERSIGNED,.. RICHARD T. BICKMAN, AS TRUSTEE OF THE
RICHARD T. BICKMAN 2008 REVOCABLE TRUST AGREEMENT ("Property Owner")
owner of certain land in the City of Elk River, legally described on the attached Exhibit "A", who
is a person with right to grant entry to the affected property, does hereby consent and grant unto
the City of Elk River, its employees, contractors, agents and assigns (hereinafter "City'), the right
to enter upon the real property having a street address of 18560 Simonet Dr. NW, Elk River,
Minnesota 55330 ("Subject Property") for the purposes of Lake Orono shoreline restoration
p ( "Work").
project p p -1,10 �..�.....
pursuant to the City LORE ro ect and the associated fans and specifications dated ���
2020 the Work
This Right of Entry does not grant to the City, any easement rights, but is intended to grant
to the City, its employees, agents, contractors, and assigns only the right to enter the Subject
Property for the purposes provided herein.
This right of entry is temporary in nature and shall terminate on June 30, 2021, or upon
completion of the Work by the City, whichever is earlier. This Right of Entry is granted with the
understanding that the City shall restore the Subject Property to a oonditi8Ta nearly-�egi „a
possible ti that which existed prior to its entry upon the iiicludii .ffie.
repladeinent of any ground cover (grass, etc.) and pavement removed or de'Woyed as.,a res.. Hof
the City's Work, except to the extent the condition of the Subject �,prty s`cgiisistisrtrit;wi�tl?1
Work as provided in the plans and specifications for the LORE project.
By accepting this Right of Entry, the City acknowledges that by entering upon the Subject
Property, it does so at its own risk and agrees to indemnify, defend, save and hold the undersigned
property owner(s) harmless from any suit, demands, claim or liability resulting from the City's
activities described herein.
Dated this IQ day of ,, w 2020.
[Remainder of Page is intentionally left blank.
Signature page to follow. )
210687vI
PROPERTY OWNER:
RICTRichard
CKMAN 08
REVRUST A LEEMENT
By:._
� _
_
Rickman, as Trustee
STATE OF MINNESOTA )
)ss.
COUNTY OF SHERBURNE) The foregoing jj instrument was acknowledged before me this 10 da of J0 1 ,
2020, by Richard T. Bickman, as Trustee of the Richard T. Bickman 2008 Trust Agree : ent, on
behalf of the trust.
Notary Publi
'�'
DRAFTED BY:
Campbell Knutson
Professional Association
Grand Oak Office Center 1
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55t2l
AMP/smt
210687v1
EXHIBIT A
TO
RIGHT OF ENTRY /'WAIVER OF TRESPASS
Legal Description:
Lot 9, Best Point on Lake Orono, Sherburne County, Minnesota, according to the recorded plat
thereof.
210687A