3.2. SR 07-09-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Plannin Items
Item Description
Utility Easement for Birchwood Apartments
Meeting Date
ul 9,2007
Item Number
3.2.
Prepared by
erem Barnhart, Plannin
Reviewed by
Scott Clark, Community Development
Director
Reviewed by
Action Reauested
Staff recommends approval as presented.
Backaround/Discussion
The property owner of Birchwood apartments is in the process of selling the complex to a third party. In
the review of the property, it was discussed that a utility main goes through the property, without the
benefit of an easement. In order to clean up this issue, an easement has been prepared for recording.
Because this is not part of another formal submittal, but needs the signatures of both the Mayor and
Clerk, the Council is asked to approve it, authorizing those signatures.
Financial Impact
None
Attachments
. Easement
Respectfully Submitted
Jeremy Barnhart
Planning Manager
Action
Motion by _
Second by _
Vote
Follow Up
GRANT OF EASEMENT
FOR UTILITY PURPOSES
THIS GRANT OF EASEMENT FOR UTILITY PURPOSES is made on June 11-, 2007, by
Park Pointe Limited Partnership, a Minnesota limited partnership ("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 on Exhibit A attached hereto (the "Property"). Grantee desires to use a portion of the
Property for the construction and maintenance of certain utilities.
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:
1. Permanent Easement - Grantor hereby grants to Grantee, its successors and assigns, a permanent
easement for utility purposes over, under, upon, and across that portion of the Property legally
described on Exhibit B (the "Permanent Easement"). The Permanent 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, but without limitation to, all
subsequent owners of the Property and all persons claiming under them.
2. Use of Property - Grantor hereby agrees that it will not perform or allow or cause the
construction of any improvements on the Permanent Easement which could damage or obstruct
the Permanent Easement or interfere with Grantee's access to or Grantee's right to construct,
maintain, and repair the utilities on the Permanent Easement. If Grantee alters the condition of
the Property as a result of construction, reconstruction, or repair of the utilities within the
Permanent Easement, Grantee shall repair or reconstruct the Property to the condition existing as
of the date of this Grant of Easement for Utility Purposes.
3. Warranty of Title - Grantor represents and warrants to Grantee that it is the only owner of fee
simple title to the Property, and that there are no undisclosed and/or unrecorded mortgages,
contracts for deed, leases, rental agreements, occupancy agreements, or any other encumbrances
or verbal or written agreement of any nature whatsoever affecting title to the Permanent
Easement. Except as expressly provided in Section 2 with respect to Grantee's obligation to
repair or reconstruct the Property, Grantor, on behalf of itself and 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 or asserted by Grantor or any party whose consent is
required to be obtained hereunder, in connection with this Grant of Easement for Utility Purposes
or Grantee's use of the Permanent Easement pursuant to this Grant of Easement for Utility
Purposes.
4. Governing Law - This Grant of Easement for Utility Purposes shall be construed and governed
by the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement for Utility
Purposes on the above date.
GRANTEE:
CITY OF ELK RIVER, a Minnesota municipal
corporation
By:
Its: Mayor
By:
Its: Clerk
STATE OF MINNESOTA
} ss.
COUNTY OF SHERBURNE
This instrument was acknowledged before me this _ day of June, 2007, by Stephanie A. Klinzing and
Tina Allard, the Mayor and City Clerk respectively of the City of Elk River, a Minnesota Municipal
Corporation, on behalf of the Corporation.,
Notary Public
[Signatures continue on next page.]
')
STATE OF MINNESOTA .}
cAn'~ ss.
COUNTY OF ~ l.V\
GRANTOR:
PARK POINTE LIMITED PA
Minnesota limited partnership'
By:
rlJ/
By:
This instrument was acknowledged before me this ~ day of June, 2007, by Paul J. Vincent, a general
partner of Park Pointe Limited Partnership, a Minnesota limited partnership, on behalf of said limited
partnership. . ww
STATE OF MINNESO~A } ss.
COUNTY OF ~~
/(oSL In.~
Notary Public
This instrument was acknowledged before me this /1 day of June, 2007, by John C. Weicht, a general
partner of Park Pointe Limited Partnership, a Minnesota limited partnership, on behalf of said limited
partnership.
This instrument was drafted by:
Howard R. Green Company
1326 Energy Park Drive
81. Paul, MN 55108
Return original recorded document to:
City of Elk River
Planning Department
13065 Orono Parkway
Elk River, MN 55330
3181045v3
File No: 3997.244
Nb)(. I'h, /~~
Notary Public
~
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY:
Lot Five (5), Auditor's Subdivision No.3, Village of Elk River, according to the plat thereof on file and
of record in the office of the County Recorder, in and for Sherburne County, Minnesota.
That part of the Northwest Quarter of the Northeast Quarter of Section 33, Township 33, Range 26, lying
Northeasterly of the Northeasterly line of the right-of-way of the Burlington Northern Railroad (formerly
Northern Pacific and Great Northern Railways), lying North of Lot 5, Auditor's Subdivision No.3 and
lying Southerly of the Westerly extension of the South line of School Street, as laid out in the duly
recorded plat of Oak Field First Addition, according to the United States Government Survey thereof, and
situate in Sherburne County, Minnesota.
EXHIBIT B
LEGAL DESCRlPTION OF PERMANENT EASEMENT
A 10.00 foot easement for utility purposes over, under and across that part of the Northwest Quarter of the
Northeast Quarter of Section 33, Township 33, Range 26, the center lirie of said easement is described as
follows: Commencing at the Southeast Corner of said Northwest Quarter of the Northeast Quarter;
thence North 00 degrees 20 minutes 00 seconds East, on an assumed bearing, along the east line of said
Northwest Quarter of the Northeast Quarter, a distance of 219.60 feet, to the point of beginning of the
center line to be described; thence South 76 degrees 59 minutes 51 seconds West, a distance of
293.27 feet, to the Northeasterly line of railroad Right of Way (Formerly Great Northern Railway Branch
Line), and said centerline there terminating.
The sidelines of said easement are to be prolonged and shortened to terminate on the East Line of the
Northwest Quarter of the Northeast Quarter, Section 33, Township 33, Range 26, Sherburne County,
Minnesota and on the Northeasterly line of railroad Right of Way (Formerly Great Northern Railway
Branch Line).