4.13 SR 10-05-2020
Request for Action
To Item Number
Mayor and City Council 4.13
Agenda Section Meeting Date Prepared by
Consent October 5, 2020 Brandon Wisner, Stormwater Coordinator
Item Description Reviewed by
Execute Grant of Easement for Stormwater Peter Beck, City Attorney
Drainage Purposes
Reviewed by
Cal Portner, City Administrator
Action Requested
Execute, by motion, an easement for stormwater drainage purposes and direct staff to record the easement with
Sherburne County.
Background/Discussion
The Riverview Place Townhomes Association of Elk River owns parcel PID 75-421-0230 south of their
townhomes along Morton Avenue.
The city stormwater system drains onto this parcel and the city does not have a drainage easement to allow for
maintenance of this system.
The grant of easement will allow for the city to maintain this area. The grant of easement has been reviewed by
the property owners and they had no issue with the language and easement.
Financial Impact
Sherburne County recording fee.
Mission/Policy/Goal
The Elk River Mission components include a statement expressing the city be ethical, efficient, and
responsible
Attachments
Grant of Easement for Stormwater Drainage Purpose
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
GRANT OF EASEMENT
FOR STORMWATER DRAINAGE PURPOSES
THIS GRANT OF EASEMENT is made to this ______ day of _________________, 2020,
by the Riverview Place Townhomes Association of Elk River (“Grantor”) to the City of Elk River,
a Minnesota municipal corporation (“Grantee”).
RECITALS
Grantor is the owner in fee simple of real property in the County of Sherburne,
Minnesota, which is legally described as: That part of Lot Two (2), Block Two (2), Riverview
Addition in the Village of Elk River lying South of a line at right angles to the West line of said
Lot Two (2) at a point Two Hundred Fifteen (215) feet South of the Northwest corner thereof.
AND
Lot One (1) of Auditor's Subdivision Number Three (3) lying West of the West line of Lot Two
(2), Block Two (2), Riverview Addition, in the Village of Elk River (the “Property”).
Grantee desires to use a portion of the Property for stormwater management purposes,
including a stormwater drainage pipe and swale.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by
Grantor:
1. Easement. Grantor hereby grants to Grantee, its successors and assigns, a permanent, non-
exclusive easement (the “Easement”) for the purpose of permitting Grantee to install,
operate, maintain, repair, remove and replace a drainage pipe and swale to carry stormwater
across that portion of the Property legally described and depicted on the drawing attached
hereto as Exhibit A (the “Easement Area”) together with the right of reasonable and
necessary ingress and egress to and from the Easement Area in connection with the exercise
of the rights granted herein. The Easement shall permanently run with the title to the
Property and shall inure to the benefit of and be binding upon the parties hereto and their
respective heirs, successors, and assigns, including, without limitation to, all subsequent
owners of the Property and all persons claiming under them.
2. Use of Easement Area by Grantor; Reservation of Rights. Grantor hereby agrees that it
will not perform or allow or cause the construction of any improvements on the Property
which could damage or obstruct the drainage pipe or the drainage improvements in the
Easement Area; or interfere with Grantee’s access to or use of the Easement. Grantor
hereby reserves and retains all other property rights in and to the Easement Area including,
without limitation, the right to make aesthetic improvements and to use the Easement Area
for any purpose which does not interfere with the purpose of the Easement or the Grantee’s
rights hereunder.
3. Conduct of Work and Notification. Any installation, maintenance, replacement, repair
and/or removal of the drainage pipe or other drainage improvements performed by Grantee,
its agents and employees, shall be performed at Grantee’s sole cost and expense. Grantee
shall have the right to enter on the Easement Area for the purpose of maintenance and
repair of the drainage improvements at any time. Maintenance or other work which
requires the surface of the Easement Area to be excavated shall only be commenced after
ten (10) days’ notice to the Grantor, except that in an emergency the work may be initiated
upon such notice as is reasonable under the circumstances.
4. Restoration by Grantee. Grantee will restore and maintain the Easement Area to the same
standards as similar stormwater facilities within the city. If the surface of any portion of
the Property outside of the Easement Area, or any landscaping, curbing, pavement or other
improvements thereon, shall be disturbed by the installation, operation, maintenance,
replacement, removal or other activities performed by or on behalf of Grantee in
connection with the Easement, said surface and improvements shall be restored by Grantee
to their condition prior to such disturbance.
5. Prohibition Against Liens. Grantee shall not permit any mechanics’, materialmen’s or
other liens to be filed against the Property, or any part thereof, for works or materials
furnished by Grantee in connection with the Easement, and Grantee agrees to indemnify,
defend and hold Grantor harmless from and against the same.
6. Warranty of Title. Grantor represents and warrants to Grantee that Grantor is the only
owner of fee simple title to the Property, and that there are no (i) owners of mortgages,
contracts for deed, leases, rental agreements, occupancy agreements, or (ii) any other
encumbrances or verbal or written agreements of any nature whatsoever affecting title to
the Property. Grantor, on behalf of itself, its successors and assigns, hereby indemnifies
and holds harmless Grantee against and from any and all claims for loss, damage, or
expenses which may be incurred by Grantee based upon any claim from a party whose
consent was required (but was not obtained) for this Grant of Easement.
7. Governing Law. This Grant of this Easement shall be construed and governed by the laws
of the State of Minnesota.
\[signature pages follow\]
2
IN WITNESS WHEREOF, the parties hereto have executed this Utility Easement
Agreement on the above date.
GRANTEE:
CITY OF ELK RIVER
By:
John J. Dietz
Its Mayor
By:
Tina Allard
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of __________,
2020, by John J. Dietz and Tina Allard, the Mayor and City Clerk of the City of Elk River, a
Minnesota municipal corporation under laws of the State of Minnesota, on behalf of the
corporation.
Notary Public
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GRANTOR:
RIVERVIEW PLACE TOWNHOMES
ASSOCIATION OF ELK RIVER
By:
Marianne J. Jackson
Its President
By:
Charles E. Larson
Its Secretary
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of __________,
2020, by Marianne J. Jackson, President, and Charles E. Larson, Secretary, of the Riverview Place
Townhomes Association of Elk River.
Notary Public
Drafted by:
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
763-635-1032
4
EXHIBIT A
DRAWING OF THE EASEMENT AREA
A-1