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4.4 SR 06-05-2023Request for Action To Item Number Mayor and City Council 4.4 Agenda Section Meeting Date Prepared by Consent AgendaJune 5, 2023 Brandon Wisner, Engineering Project Manager Item Description Reviewed by Grant of Easement for 504 Main Street Sidewalk and Cal Portner, City Administrator 525 Railroad Drive Reviewed by Action Requested Approve, by motion, acceptance of Grant of Permanent Easement Agreement at 504 Main Street. Approve, by motion, Grant of Permanent and Temporary Easement and payment of $4,741.28 at 525 Railroad Drive. Background/Discussion Since the completion of the quiet zone at the Main Street railroad crossing in 2018, staff have received requests to improve the connectivity of the public sidewalk in this area. Currently, the sidewalk crossing is on the northwest side of Main St and ends at Railroad Drive. These easements facilitate the right for the city to construct the sidewalk from Railroad Drive to Gates Avenue along the north side of Main St. This work will be completed with this year's street improvement project. Financial Impact $4,741.28 from the street improvement fund. Mission/Policy/Goal Help, not hinder citizen quality of life Attachments 504 Main Street Grant of Permanent Easement Agreement 525 Railroad Drive Grant of Permanent and Temporary Easement Agreement 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: Januag 2023 mmmmmm (Reserved for recording) of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of ereinafter referred to as the "City", its successors and assigns,the following I . A permanent easement for public sidewalk and drainage and utility purposes over, t> on, • and through the land situated within the Countyof Minnesota, described on - attached Exhibit "Aand depicted on i ' attached Exhibit "B" (the "Permanent Easement Area), including the rights of the City, its contractors, nt Easement Area at all reasonable times to construct,reconstruct,t'repair,tt maintain said public sidewalkand drainage and utility systems over, across, on, under and through the Permanent Easement Area, together with the right to drain, pave and excavate the Permanent i'n; Area, and the with the City, its successors and assigns, that it is well seized in fee title of the above described Permanent Easement Area Easement Area; that it has the sole right to grant and convey the 'exTW ihat it will indemnify and hold the City harmless for any breach of the foregoing covenants. [Signature page follows.] IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of 2023 GRANTOR: FWWX,j1,'j7DjyAjrU',W,j��, �U By: i'Z"';?Xkt/� H11 9 PC lrl"10-yl KI ( J .[Print n..] Its: STATE OF MINNESOTA ) COUNTY The foregoing instrument was acknowledged before me this t day of '2023, by Elizabeth M. Baln't ..L Ana, %.Grantor. c�..... ... ..... . . -'- . . . . . ...... . ...... 9,== 2 22558Ov2 'f.&WhIYfK,J ITIENrl TWKIF MTFWFF-A-�� CAMPBELL KNUTSON Professional Association • Oak • Center 1 :•! Blue Gentian Road, Suite 290 Eagan, • 55121 Telephone: (651) 452-5000 JDS EXHIBIT "A" TO Lot 7, Block 13, TBE VILLAGE OF ELK RIVER, according to the recorded plat thereof, on file and of record in the office of the Recorder, Sherburne County, Nhnnesota • ;#1 i 1 I 1 '#! • ,I I I i 1 ':: ! '. ! 1 ' ► ` ! #.:^ _ # ". • t it ' • ,,.. �... ! - 1 " # • � # ' / ' !. 26 West, said Sherburne County; thence on an assumed bearing of South 00 degrees 01 minute4' seconds East along the north -south quarter line of # Section 34, a distance of 3941.80 feet; thence North 90 • • West a# 1 of 49.00 • n 1• • beginning. of # be described; - d - continuing North90 degrees 00 minutes 00 seconds 4 zzssswz MORTGAGE HOLDER CONSENT TO GRANT OF PERMANENT AND TEMPORARY EASEMENTS THE BANK OF ELK RIVER, organized and existing under the laws of the State of Minnesota, which holds a Mortgage dated October 14, 2020 and recorded October 23, 2020 as Document No. 903535 with the offices of the Sherburne County Recorder, Minnesota, including the modifications thereto set forth on the attached Schedule "A" (collectively the "Mortgages"), on all or part of the property more particularly described in the foregoing Grant of Permanent and Temporary Easements. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, THE BANK OF ELK RIVER, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent and Temporary Easements. THE BANK OF ELK RIVER 630 Main Street Elk River, MN 55330 [print name] Its ,,, ...� , ... [title] STATE OF MINNESOTA ) COUNTY OF ss. ......-...... e X° ) The foregoing instrument was acknowledged before me th' , d y of ���w O k 2023, by .._..�.(°�..�..9� ............................... ,the., ������,� �f The Bank ...... of Elk River, organized and existing under the laws of the State of Minnesota, on behalf of said entity. �. 'N, SHARI A PEI t: Notary Public Minnesota .* My CamiWm Epees January 31, 2025 DRAFTED BY: CAMPBELL KNUTSON, P.A. Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 JDS Notary Public 2255800 n (reserved for recordhr q) PERMANENT AND TEMPORARY EASEMENT AGREEMENT This PERMANENT AND TEMPORARY EASEMENT AGREEMENT ("Easement") is made by and between DAVIS DARROW MEYER POST 112, AND THE AMERICAN LEGION, ("Grantor") and the CITY OF ELK RIVER, a Minnesota municipal corporation ("City"). Grantor, in consideration of Four Thousand Seven Hundred Forty One and 28/100 Dollars ($4,741.28) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the City, its successors and assigns, the following easements: 1 Permanent....E............�asement. A permanent non-exclusive easement for public sidewalk . _............_ and drainage and utility purposes over, across, on, under and through the land situated within the County of Sherburne, State of Minnesota (the "Easement Premises") that is legally described on the attached Exhibit "A". Such permanent easement is legally described and depicted on the attached Exhibit "B" (the "Pennanent Easement Area"), including the rights of the City, its contractors, agents, servants and assigns to enter upon the Permanent Easement Area at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public sidewalk and drainage and utility systems over, across, on, under and through the Permanent Easement Area, 2261920 together with the right to grade, level, fill, drain, pave and excavate the Permanent Easement Area, and the fiirther right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public sidewalk and drainage and utility systems. Grantor hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above -described pennanent Easement Premises, provided Grantor's use does not interfere with the City's use of the same for the purposes herein expressed. 2. Teml�orar ,Easement. A temporary construction easement over, across, on, under and through the Easement Premises, which temporary easement is legally described and depicted on the attached Exhibit "C" (the "Temporary Easement Area"). To have and to hold the same, unto the City, its contractors, agents, servants and assigns, commencing upon execution of this document and expiring November 1, 2023, together with the right of ingress to and egress from the Temporary Easement Area, 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 Area, subject only to the right of the City to use the same for the purposes herein expressed. As a condition of this temporary construction easement grant, the City shall, upon completion of construction and prior to termination, restore the ground surface of the Temporary Easement Premises to its original condition so far as is reasonably practicable with the exception of any grade changes, bank sloping, ditching, fills, slope construction, cuts, and any removal of earth, other materials, trees, and other vegetation. 2 2261920 3. The City will maintain insurance with at least the minimum coverage consistent with the liability limits provided under Minnesota Statutes, Chapter 466. Proof of existence of the policy, including, without limitation, an insurance certificate will be provided by the City to the Grantor within ten (10) days of the execution of this Easement. Furthermore, the City will indemnify, defend and hold Grantor and its officers, members, governors, employees, contractors and agents harmless from any and all liability, loss, cost or expense of any nature (including reasonable attorneys' fees) or any claims made by it and any third parties for damages sustained or costs incurred from the City's exercise of its rights under this Easement, or as a result from the City's use of the Easement Premises, except for any costs or damages resulting from the negligence or willful misconduct of Grantor, its officers, employees and agents. Nothing in this Easement will constitute a waiver of the City of any statutory of common law immunities or liability limitations. 4. The City, its contractors, agents, servants and assigns will use best efforts to minimize the disturbance of Grantor's quiet enjoyment of the Easement Premises or the temporary easement premises. Grantor, for itself, its successors and assigns, does covenant with the City, its successors and assigns, that Grantor is well seized in fee title of the above described 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 Easement Premises; and that it will indemnify and hold the City harmless for any breach of the foregoing covenants. 5. Nothing contained in this Easement will be deemed to be a gift or dedication of any portion of the Easement Premises to the general public or for the general public or for any public 3 2261920 purpose whatsoever, it being the intention that the easements will be strictly limited to and for the purpose expressed in this Easement. 6. The City will not permit any mechanics', materialmen's, or other liens to stand against Grantor's property or any part thereof for work or materials furnished City in connection with this Easement, and the City agrees to indemnify, defend and hold Grantor harmless from and 7. If either party brings an action at law or in equity to enforce or interpret this Easement, the prevailing party in such action will be entitled to recover reasonable attorneys' fees and court costs for all stages of litigation, including, but not limited to, appellate proceedings, in addition to any other remedy granted. IN TESTIMONY WHEREOF, the parties hereto have signed this document this day of 2023, [Remainder of page left blank inYentioncally; signature pages.161low.] 4 2261920 GRANTOR: DAVIS DARROW MEYER POST 112, AND THE AMU," ICAN LEGION [print naive] Its: /" Otitte STATE OF MINNESOTA ) ) ss. COUNTY OF 4j ) The foregoing instrument was acknowledged before me this day of 12023, by Davis Darrow Meyer Post 112, and The American Legion, Grantor. v Lh otary Public 4" JOLENE LORRAINE RICH TER Notary Public Minnesota Expires a13 •' My Commission 31, 2027 Jan 2261920 CITY: CITY OF ELK RIVER John Dietz, Mayor Tina Allard, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE) The foregoing instrument was acknowledged before me this day of , 2023, by John Dietz and Tina Allard, respectively the Mayor and the City Clerk of the City of Elk River, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority of granted by its City Council. Notary Public DRAFTED BY: CAMPBELL KNuTS®N Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: (651) 452-5000 AKLS 2261920 EXHIBIT "A" TO PERMANENT AND TEMPORARY EASEMENT AGREEMENT Legal Description of the Easement Premises Lot 12 and the West Half of Lot 11, Block 13, Village of Elk River, Sherburne County, Minnesota. Lot 10 and the East Half of Lot 11, Block 13, Village of Elk River, Sherburne County, Minnesota. Lot 9 and the Northerly 25 feet of Lot 8, Block 13, Village of Elk River, Sherburne County, Minnesota. Lot 8, except the North 25 feet thereof, Block 13, Village of Elk River, Sherburne County, Minnesota. The South 45 feet of Lots 4 and 5, Block 13, Village of Elk River and that part of Holt Avenue, formerly Mill Street, now vacated, lying Southerly of the Westerly extension of the Northerly line of Lot 12, Block 13, Village of Elk River, except that part lying East of the centerline of Holt Avenue, vacated, Sherburne County, Minnesota. [Property address: 525 Railroad Drive NW, Elk River MN 55330, PID No.: 75-405-1360] 7 2261920 EXHIBIT "B" TO PERMANENT AND TEMPORARY EASEMENT AGREEMENT Depiction and Legal Description of the Permanent Easement [2 Exhibit pages follow] 2261920 r J 0 30 SCALE IN FEET p 14 34'33" R�219 68 30 46 W 1-z55 8 "13 G8 S � 8l EXHIBIT B SHEET 1 OF 2 1 P.O.C.- N1/4 CORNER SECTION 34-33-26 I Z Lu r' I z r r� Lu " I r I I Y� L' V" +' Lu r" + A Y /� `J L=14.03 R=12.34 `--- •------ " N 90°00 00 W S 88°57'46' W 6.00 P.O.B. A=65°09'16" S 88°57'46" W 42.00 : , " 57.33 66 S 88 04'23 W 62.65 -• PROPOSED EASEMENT NORTH -SOUTH -- QUARTER LINE MAIN STREET NWtn ©Bolton & Menk, Inc. 2023, All Rights Reserved EASEMENT EXHIBIT 525 RAILROAD DR NW., ELK RIVER, MINNESOTA BOLTON7533 SUNWOOD DR NW, SUITE 206 RAMSEY, MINNESOTA 55303 (763) 433-2851 JOB NUMBER: OR1.128082 Easement Area = 998 Sq. Ft. Premises Tax PID = 75-405-1360 LOTS 8 & 9, BLOCK 13 PLAT OF THE VILLAGE OF ELK RIVER TO THE CITY OF ELK RIVER SHERBURNE COUNTY, MINNESOTA FOR: CITY OF ELK RIVER FIELD BOOK: DRAWN BY: JSZ EXHIBIT B SHEET 2 OF 2 EASEMENT DESCRIPTION A perpetual easement for sidewalk purposes over, under and across that part of Lot 8 and Lot 9, Block 13, THE VILLAGE OF ELK RIVER, according to the recorded plat thereof, on file and of record in the office of the Recorder, Sherburne County, Minnesota, lying southerly of the following described line: Commencing at the north quarter corner of Section 34, Township 33 North, Range 26 West, said Sherburne County; thence on an assumed bearing of South 00 degrees 01 minute 49 seconds East along the north -south quarter line of said Section 34, a distance of 3941.80 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 57.33 feet; thence southwesterly on a non -tangential curve concave to the northwest, having a radius of 12.34 feet, a central angle of 65 degrees 09 minutes 16 seconds (chord bearing South 52 degrees 05 minutes 00 seconds West) for an arc distance of 14.03 feet; thence South 88 degrees 57 minutes 46 seconds West, a distance of 42.00 feet to the point of beginning .of the line to be described; thence continuing South 88 degrees 57 minutes 46 seconds West, a distance of 6.00 feet; thence South 88 degrees 04 minutes 23 seconds West, a distance of 62.65 feet; thence southwesterly on a non -tangential curve concave to the south, having a radius of 219.68 feet and a central angle of 14 degrees 34 minutes 33 seconds for an arc distance of 55.89 feet, a chord bearing South 78 degrees 30 minutes 46 seconds West for a chord distance of 55.73 feet and said line there terminating. ©Bolton & Menk, Inc. 2023, All Rights Reserved EASEMENT EXHIBIT 525 RAILROAD DR NW., ELK RIVER, MINNESOTA BOLTON 7533 SUNWOOD DR NW, SUITE 206 RAMSEY, MINNESOTA 55303 (763)433-2851 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. ""&.......... 03d02 2023 Andrew Hill Date License Number 57632 LOTS 8 & 9, BLOCK 13 PLAT OF THE VILLAGE OF ELK RIVER TO THE CITY OF ELK RIVER SHERBURNE COUNTY, MINNESOTA FOR: CITY OF ELK RIVER JOB NUMBER: OR1.128082 FIELD BOOK: DRAWN BY: 1SZ EXHIBIT 66C99 TO PERMANENT AND TEMPORARY EASEMENT AGREEMENT Depiction and Legal Description of the Temporary Easement [2 Exhibit pages follow] 2261920 EXHIBIT C SHEET 1 OF 2 P.O.C. J „ N1/4 CORNER SECTION 34-33-26 I 0 30 r 146MIfl SCALE IN FEET I W Oq Oq v rn Im Ln J J A 1 Y I I 1 L=14.03 ._-, N 90°00'00" W Q R=12.34 ° L=65°09'16" S 88°57'46" W 42.00 1 -W �ST 88°04'23" W 62.6566 y5 6-24,2g1� ^" CB=7 18°47'06" S 88°57'46" W 6.00 07- 2 R.2 19.68 PROPOSED TEMPORARY CONSTRUCTION EASEMENT NORTH -SOUTH - QUARTER L/NE MAIN STREET NW ©Bolton & Menk, Inc. 2023, All Rights Reserved EASEMENT EXHIBIT 525 RAILROAD DR NW., ELK RIVER, MINNESOTA BOLTON 7533 SUNWOOD DR NW, SUITE 206 RAMSEY, MINNESOTA 55303 (763)433-2851 Temporary Easement Area = 780 Sq. Ft. Premises Tax PID = 75-405-1360 LOTS 8 & 9, BLOCK 13 PLAT OF THE VILLAGE OF ELK RIVER TO THE CITY OF ELK RIVER SHERBURNE COUNTY, MINNESOTA FOR: CITY OF ELK RIVER JOB NUMBER: OR1.128082 FIELD BOOK: DRAWN BY: JSZ Q Ln v EXHIBIT C SHEET 2 OF 2 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION A 6.00 foot wide temporary easement for construction purposes over, under and across that part of Lots 8, 9 and Lot 10, Block 13, THE VILLAGE OF ELK RIVER, according to the recorded plat thereof, on file and of record in the office of the Recorder, Sherburne County, Minnesota, lying adjacent to and to the right of the following described line: Commencing at the north quarter corner of Section 34, Township 33 North, Range 26 West, said Sherburne County; thence on an assumed bearing of South 00 degrees 01 minute 49 seconds East along the north -south quarter line of said Section 34, a distance of 3941.80 feet; thence North 90 degrees 00 minutes 00 seconds West, a distance of 57.33 feet; thence southwesterly on a non -tangential curve concave to the northwest, having a radius of 12.34 feet, a central angle of 65 degrees 09 minutes 16 seconds (chord bearing South 52 degrees 05 minutes 00 seconds West) for an arc distance of 14.03 feet; thence South 88 degrees 57 minutes 46 seconds West, a distance of 42.00 feet to the point of beginning of the line to be described; thence continuing South 88 degrees 57 minutes 46 seconds West, a distance of 6.00 feet; thence South 88 degrees 04 minutes 23 seconds West, a distance of 62.65 feet; thence southwesterly on a non -tangential curve concave to the south, having a radius of 219.68 feet and a central angle of 18 degrees 47 minutes 06 seconds for an arc distance of 72.02 feet, a chord bearing South 76 degrees 24 minutes 29 seconds West for a chord distance of 71.70 feet and said line there terminating. ©Bolton & Menk, Inc. 2023, All Rights Reserved co TEMPORARY EASEMENT EXHIBIT 525 RAILROAD DR NW., ELK RIVER, MINNESOTA 7533 SUNWOOD DR NW, SUITE 206 -ARAMSEY, MINNESOTA 55303 "' (763) 433-2851 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. 03 29/2023 Andrew Hill � Date License Number 57632 LOTS 8, 9 & 10, BLOCK 13 PLAT OF THE VILLAGE OF ELK RIVER TO THE CITY OF ELK RIVER SHERBURNE COUNTY, MINNESOTA FOR: CITY OF ELK RIVER JOB NUMBER: OR1.128082 FIELD BOOK: DRAWN BY: JSZ MORTGAGE HOLDER CONSENT TO PERMANENT AND TEMPORARY EASEMENT AGREEMENT THE BANK OF ELK RIVER, organized and existing under the laws of the State of Minnesota, which holds a Mortgage dated September 14, 2007, and recorded September 18, 2007, as Document No. 658900, including the extensions and modifications thereto; and a Mortgage dated June 9, 2009, and recorded May 10, 2010, as Document No. 694732, including the extensions and modifications thereto; and a Mortgage dated July 11, 2019, and recorded July 12, 2019, as Document No. 874989 (collectively the "Mortgages"). All Mortgages, and respective extensions and modifications are recorded with the offices of the Sherburne County Recorder, Minnesota, as set forth on the attached Property Report, and are on all or part of the property more particularly described in the foregoing Grant of Permanent and Temporary Easements. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, THE BANK OF ELK RIVER, does hereby join in, consents to, and is subject to the foregoing Grant of Permanent Easement. THE BANK OF ELK RIVER 630 Main Street Elk River, MN 55330 By: � _ ��t [print name] its �� �" �" � , [title] STATE OF MINNESOTA ss. COUNTY OF .�x � d The foregoing 1 strument ,vas acknowledged before me this ay of 2023, by..,":°�'i ., thee.;. of Te Bank of Elk River, organized and existing under the laws of the State of Minnesota, on behalf of said entity. i�otary Public � DRAFTED BY: CAMPBELL KNUTSON, P.A. ANNA=ENGHOLMGrand Oak Office Center I , N860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 WCoM*9 Telephone: (651) 452-5000 AKLS 10 226192v2