4.16. SR 06-21-2021Request for Action
To
Item Number
Mayor and Ci T Council
4.16
Agenda Section
Meeting Date
Prepared by
Consent
June 21, 2021
Justin Femrite, Public Works Director
Item Description
Reviewed by
Easement Agreement: Elk River Country Club
Cal Portner, City Administrator
Reviewed by
Action Requested
Approve, by motion, an easement agreement with Elk River County Club.
Background/Discussion
On October 24, 1999, the city and the Elk River Country Club entered into an Access Drive Easement Agreement
in which the city granted a perpetual easement for the construction, installation, use, maintenance, repair, and
replacement of a driveway to access a maintenance facility located on the Country Club property.
It has come to the attention of the parties that the driving range operated by the Country Club encroaches on a
portion of the park property, and the city would like to extend a trail and install a sign for the park property on a
portion of the Country Club Property.
The parties desire to enter into this Agreement for the purpose of putting in writing the terms and conditions
upon which easements will be granted for the driving range, trail, and sign.
Financial Impact
There is mutual benefit by both parties so no monetary transaction is proposed.
Mission/Policy/Goal
Meet changing needs
Attachments
Easement Agreement
Location Figure
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made as of the day of
, 2021, by and among the CITY OF ELK RIVER, a Minnesota municipal
corporation (hereinafter called the "City") and the ELK RIVER COUNTRY CLUB, a Minnesota
corporation (hereinafter called the "Country Club").
RECITALS
WHEREAS, the City is the fee owner of Woodland Trails Park, located within the City
and legally described on Exhibit A attached hereto (the "Park Property"); and
WHEREAS, the Country Club is the fee owner of the Elk River Country Club, located
adjacent to the Park Property and legally described on Exhibit B attached hereto (the "Country
Club Property"); and
WHEREAS, on October 24, 1999, the City and the Country Club entered into an Access
Drive Easement Agreement (the "1999 Easement") pursuant to which the City granted to the
Country Club a perpetual easement for the construction, installation, use, maintenance, repair and
replacement of a driveway for the purpose of access to a maintenance facility located on the
Country Club Property; and
WHEREAS, it has come to the attention of the parties that the driving range operated by
the Country Club encroaches on a portion of the Park Property, and that golf balls from the driving
range are frequently landing within the Park Property; and
WHEREAS, the City would like to extend a trail and install a sign for the Park Property
on a portion of the Country Club Property; and
WHEREAS, the parties desire to enter into this Agreement for the purpose of putting in
writing the terms and conditions upon which easements will be granted for the driving range, trail
and sign.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein
and other valuable consideration. the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1999 Easement
1. The October 24, 1999, Access Drive Easement Agreement is and will remain in
effect and not be affected by this Agreement.
Driving Ranee Easement
1. The City hereby grants and conveys to the Country Club and its successors and
assigns, as owner of the Country Club Property, an easement for driving range purposes over the
area legally described on Exhibits C-1 and C-2 attached hereto (the "Driving Range Easement").
The Country Club shall have the right to maintain a driving range thereon and to make
improvements to the portion of the driving range located on the Driving Range Easement, in
accordance with plans and specifications approved by the City. The Country Club shall maintain,
on the Country Club Property and/or the Driving Range Easement, a fence or other appropriate
barrier to prevent golf balls from landing on any portion of the Park Property lying outside of the
Driving Range Easement. The Country Club shall pay all costs and expenses of such work,
including all costs for repair of any damage to the Park Property caused by construction or use of
the driving range.
2. The Country Club shall permanently maintain, repair and replace all improvements
in the Driving Range Easement at its sole cost and expense, and the City shall have no obligation
to pay for any costs related to such maintenance, repair or replacement.
3. No structures or improvements other than those related to the driving range and
approved by the City shall be constructed or maintained by reason of the rights granted herein
upon the Driving Range Easement.
Trail Easement
l . In consideration for the City's agreement to grant the Driving Range Easement, the
Country Club hereby grants and conveys to the City and its successors and assigns, an easement
for trail and signage purposes over the area legally described on Exhibit D attached hereto (the
"Trail Easement"). The City shall have the right to install a public trail and signage thereon, and
to maintain and make improvements to the public trail and signage located on the Trail Easement,
in accordance with plans and specifications provided to the Country Club. The City shall pay all
costs and expenses of such construction work, including all costs for maintenance and repair of
the public trail and signage on the Trail Easement.
2. The City shall permanently maintain, repair and replace the improvements on the
Trail Easement at its sole cost and expense, and the Country Club shall have no obligation to pay
for any costs related to such maintenance, repair or replacement unless the Country Club or any of
its invitees, contractors or agents cause damage to the trail or signage.
3. No structures or improvements other than a public trail and signage for the Park
Property shall be constructed by reason of the rights granted herein upon the Trail Easement.
General Conditions
l . The Parties shall indemnify and hold each other harmless from and against any and
all claims, actions, damages, liability and expense in connection with damage to property or bodily
injury arising out of the use of easements granted in this Agreement.
2. If any party to this Agreement (or their respective successors entitled) shall bring
an action, legal or equitable, against any other party or parties to this Agreement (or its or their
successors in title) in connection with an alleged breach of the terms and provisions hereof, the
losing parry or parties shall pay the prevailing party or parties reasonable attorneys' fees and costs
in connection with any such action, and such attorneys' fees and costs shall be deemed to have
accrued on the commencement date of any such action.
2
3. This Agreement shall be governed by and construed in accordance with the laws of
the State of Minnesota,
4. This Agreement will run with title to the Park Property and the Country Club
Property and is binding upon and inures to the benefit of the parties hereto and their respective
successors in title. The covenants and obligations of each of the owners set forth in this Agreement
shall be binding upon such owner solely as the owner of the respective property and shall be
binding on the owners of the Park Property and Country Club Property and their respective
successors and assigns only as to such obligations arising during their respective periods of
ownership of the applicable parcel.
5. All notices to be given under this Agreement shall be given, in writing, by certified
or registered mail, to each owner at the address or addresses to which tax statements would be sent
by the taxing authority of Sherburne County, Minnesota, to the owner of such property, but nothing
shall prevent actual delivery to the owner by other means.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
CITY OF ELK RIVER
By:
Its Mayor
By:
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
The foregoing instrument was acknowledged before me this day of ,
2021, by John J. Dietz and Tina Allard, the Mayor and City Clerk, respectively, of the City of Elk
River, a Minnesota municipal corporation under laws of the State of Minnesota, on behalf of the
corporation.
Notary Public
3
ELK RIVER COUNTRY CLUB
LOSM
STATE OF MINNESOTA )
) ss.
COUNTY OF SHERBURNE )
Its
The foregoing instrument was acknowledged before me this day of ,
2021, by I , of the Elk River Country
Club, a Minnesota corporation under laws of the State of Minnesota, on behalf of the corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Beck Law Office
Peter Beck
4746 Sheridan Ave S
Minneapolis, MN 55410
Notary Public
11
EXHIBIT A
City of Elk River Woodland Trails Park
Legal Description
The West Half of the Northwest Quarter of Section 21, Township 33, Range 26, Sherburne
County, Minnesota, lying West of the Westerly line of the former right-of-way of the
Burlington Northern Railroad.
And
The Northeast Quarter of Section 20, Township 33, Range 26, Sherburne County, Minnesota,
lying West of the Westerly line of the former right-of-way of the Burlington Northern
Railroad, except the south 283.71 feet of said Northeast Quarter as measured at a right angle
to the south line of the Northeast Quarter.
And
That part of the South 283.71 feet of the West 626.124 feet of the Southwest Quarter of the
Northeast Quarter, Section 20, Township 33, Range 26, Sherburne County, Minnesota that
lies westerly, northerly, and northwesterly of a line described as beginning at a point on the
North line of the said South 283.71 feet, 205.00 feet west of the said Northeast corner of the
South 283.71 feet of the West 626.124 feet; thence South 0 degree 19 minutes 43 seconds
East for 105.00 feet; thence South 60 degrees 00 minutes 00 seconds West for 120.00 feet;
thence South 80 degrees 03 minutes 51 seconds West for 325.46 feet to intersect and terminate
on the West line of said Southwest Quarter of the Northeast Quarter 65.00 feet north of the
Southwest corner thereof. For the purposes of this description, the West lineof the said
Southwest Quarter of the Northeast Quarter is assumed to bear North 0 degrees 42 minutes
07 seconds East.
A-1
EXHIBIT B
Elk River Country Club Legal Descriptions
1. The Southeast Quarter of Section 20, Township 33, Range 26, lying East of County State
Aid Road 41, excepting therefrom that part lying Easterly of the Westerly line of the former
right -of- way of the Burlington Northern Railroad.
2. That part of the Southwest Quarter of the Southwest Quarter of Section 21, Township 33,
Range 26, lying West of the railroad right-of-way.
3a. All that part of the South 283.71 feet of the West 626.124 feet of the Southwest Quarter of
the Northeast Quarter of Section 20, Township 33, Range 26, Sherburne County,
Minnesota described as lying Easterly, Southerly, and Southeasterly of a line described as
Commencing at the Southwest corner of said Northeast Quarter; thence North 89 degrees,
40 minutes, 17 seconds East along the South line of said Northeast Quarter for 238.00 feet
to the actual point of beginning of the line to be hereby described; thence North 0 degrees,
19 minutes, 43 seconds West for 66.00 feet; thence North 89 degrees, 40 minutes, 17
seconds East parallel with said South line for 160.00 feet; thence North 46 degrees, 39
minutes, 18 seconds East for 319.13 feet, more or less, to terminate said line at the
Northeast corner of said South 283.71 feet of the West 626.124 feet. For the purposes of
this description, the West line of said Northeast Quarter is assumed to bear North 0 degrees,
42 minutes, 07 seconds East.
3b. That part of the South 283.71 feet of the West 626.124 feet of the Southwest Quarter of the
Northeast Quarter, Section 20, Township 33, Range 26, Sherburne County, Minnesota that
lies westerly, northerly, and northwesterly of a line described as Commencing at the
Southwest corner of the said Southwest Quarter of the Northeast Quarter; thence North 89
degrees 40 minutes 17 seconds East along the South line of the said Southwest Quarter of
the Northeast Quarter for 238.00 feet to the actual Point of Beginning of the line to be
hereby described; thence North 0 degrees 19 minutes 43 seconds West of 66.00 feet; thence
North 89 degrees 40 minutes 17 seconds East parallel with said South line for 160.00 feet;
thence North 46 degrees 39 minutes 18 seconds East for 319.13 feet, more or less, to
terminate said line at the Northeast corner of said South 283.71 feet of the West 626.124
feet, and that lies easterly, southeasterly, and southerly of a line beginning at a point on the
North line of the said South 283.71 feet, 205.00 feet west of the said Northeast corner of
the South 283.71 feet of the West 626.124 feet; thence South 0 degree 19 minutes 43
seconds East for 105.00 feet; thence South 60 degrees 00 minutes 00 seconds West for
120.00 feet; thence South 80 degrees 03 minutes 51 seconds West for 325.46 feet to
intersect and terminate on the West line of said Southwest Quarter of the Northeast Quarter
65.00 feet north of the Southwest corner thereof. For the purposes of this description, the
West line of the said Southwest Quarter of the Northeast Quarter is assumed to bear North
0 degrees 42 minutes 07 seconds East.
4. All that part of the South 283.71 feet, as measured at right angles, of the Northeast Quarter
of Section 20, Township 33, Range 26, that lies East of the East line of the West 626.124
feet, as measured at right angles, of said Northwest Quarter, excepting therefrom that part
lying Easterly of the Westerly line of the former right of way of the Burlington Northern
Railroad.
EXHIBIT C-I
A perpetual easement over, under and across that part of the Southwest Quarter of the Northeast
Quarter of Section 20, Township 33 North, Range 26 West, Sherburne County, Minnesota,
described as follows:
Commencing at the northeast corner of the South 283.71 feet of the West 626.12 feet of
said Southwest Quarter of the Northeast Quarter; thence South 89 degrees 07 minutes 24
seconds West, parallel with the south line of said Southwest Quarter of the Northeast
Quarter and along a northerly line of a parcel of land described in Document 403684 on
file and of record in the Office of the County Recorder, Sherburne County, Minnesota,
205.00 feet to a westerly line of said parcel described in Document 403684; thence South
00 degrees 13 minutes 40 seconds East, along said westerly line, 20.00 feet to the point of
beginning of the land to be described; thence South 00 degrees 13 minutes 40 seconds East,
continuing along said westerly line, 85.00 feet to a northwesterly line of said parcel
described in Document 403684; thence South 59 degrees 26 minutes 37 seconds West,
along said northwesterly line, 17.38 feet; thence North 00 degrees 13 minutes 40 seconds
West 93.78 feet; thence North 89 degrees 46 minutes 20 seconds East 15.00 feet to said
point of beginning.
For the purpose of this description, the south line of the Southwest Quarter of the Northeast Quarter
is assumed to bear South 89 degree 07 minutes 24 seconds West.
C-1-1
EXHIBITC-1,
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EASEMENT EXHIBIT
20135 IELK ILAKE ROAD, IELK RIVER, MINNESOTA PART OF THE NORTHEAST QUAVER
3EC710N 20, TOWINSHI P 3 1, RANGE 26,
BOLTON 7533 SUNWOOD, DR NW, SUME 206 SHERBURNE COUN-re, PAININESOTA
RMASEV, IMININES507A 55,M3,
IV FOR: C17YOFELKRIVER
& MEW �763) 433-ZO5,1,
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JOB NIUIIIABER': ORI.123284
FIELD BOUA:
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C-1-2
EXHIBIT C-2
A perpetual easement over, under and across that part of the Southwest Quarter of the Northeast
Quarter of Section 20, Township 33 North, Range 26 West, Sherburne County, Minnesota,
described as follows:
Beginning at the northeast corner of the South 283.71 feet of the West 626.12 feet of said
Southwest Quarter of the Northeast Quarter; thence South 89 degrees 07 minutes 24
seconds West, parallel with the south line of said Southwest Quarter of the Northeast
Quarter and along a northerly line of a parcel of land described in Document 403684 on
file and of record in the Office of the County Recorder, Sherburne County, Minnesota,
117.21 feet; thence North 73 degrees 09 minutes 55 seconds East 139.86 feet to the
northwesterly line of a an existing drive access easement described in Document 402927,
on file and of record in the Office of the County Recorder, Sherburne County, Minnesota;
thence South 23 degrees 17 minutes 46 seconds West, along said westerly line, 42.15 feet
to said point of beginning.
For the purpose of this description, the south line of the Southwest Quarter of the Northeast Quarter
is assumed to bear South 89 degree 07 minutes 24 seconds West.
C-2-1
EXHIBIT C-2.
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EASEMENT EXHIBIT
WOODLANDS TRAIL REGIONAL IPARIK, ELK RIVER PARTOFTHE INiKDP.THEA,7TQUAR7ER
SECTION 20, TOWNSHIP 33, IRANGE 26
7533 SUNWOOO DR NW, 3UTE 206 SHERBURNE CIDUNTe, MINNESOTA
�5'(DBOLTON
RAMSEY, MINNESOTA 5SM5
&MR: CITYOF ELK RIVER MENIC �,763) 433-Z851
JOB NUMBEk: ORiA23284
FIELD 150OK:
DRAWN BY: J5Z
C-2-2
EXHIBIT D
A perpetual easement over, under and across that part of the Southwest Quarter of the Northeast
Quarter, Section 20, Township 33, Range 26, Sherburne County, Minnesota, described as follows:
Commencing at the southwest corner of said Southwest Quarter of the Northeast Quarter;
thence North 00 degrees 08 minutes 44 seconds East, assumed bearing, along the west line
of said Northeast Quarter, 65.00 feet to a northerly line described in Document 403684 on
file and of record in the Office of the County Recorder, Sherburne County, Minnesota;
thence North 79 degrees 28 minutes 54 seconds East, along said northerly line described
in Document 403684, a distance of 21.12 feet to the easterly right of way line of
SHERBURNE COUNTY HIGHWAY RIGHT OF WAY MAP NO. 27, on file and of
record in the Office of the County Recorder, Sherburne County, Minnesota and the point
of beginning of the easement to be described; thence continue North 79 degrees 28 minutes
54 seconds East, along said northerly line, 128.53 feet; thence South 57 degrees 39 minutes
26 seconds West 57.85 feet; thence southwesterly along a tangential curve concave to the
north having a radius of 120.00 feet and a central angle of 22 degrees 55 minutes 31 seconds
a distance of 48.01 feet; thence South 80 degrees 34 minutes 57 seconds West, tangent to
said curve, 29.13 feet to said easterly right of way line; thence northwesterly along said
easterly right of way line and along a nontangential curve concave to the west having a
radius of 1196.32 feet and a central angle of 01 degree 24 minutes 55 seconds a distance
of 29.55 feet, the chord of said curve bears North 08 degrees 10 minutes 44 seconds West
distant 29.55 feet to said point of beginning.
D-1
EXHIBIIT D
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EASEMENT IEXHIBIT
20015 IELK LAKE RGAID, IELK RIVER, MINNESOTA
753UMNOOD DR NW, SUME 206
B3 S
OLTON SR.UAHV, MINNESOTA 55,303 &MENK �763) 433-Z651
JOB NIUIIMBER�� OR.1.123264
Easement Area = 2,712 Sq., Ft,
PART OFTHE NOR7HEASTTQUARMR
3EC7101N 10, TOWNSHIP 33, RANGE 26,
SHERBURNE COUNTf, MINNESOTA
FOR: CITY 0FELF; RIVER
FIELD IBOOK:
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