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Home My WebLink AboutVIII-06 Authorize Signature - Dedication of Utility Easement - Public Works Facility (1225 Progress Drive) City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: May 2, 2022 Item: Authorize Signature: Utility Easement - Public Works Facility Council Action Requested: Authorize signature of the attached document granting a public utility easement across a portion of the Public Works campus located at 1225 Progress Drive. Approval would be subject to minor modifications by staff. A simple majority is necessary for action. Background Information: The 30 foot easement will house the sanitary sewer connection to the new public works storage facility. Dedication of the easement is required by the Minnesota Department of Labor and Industry to allow for directional drilling to install the utility. Financial Impact: Directional drilling provides a cost and impact savings to the project. Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Utility Easement VIII-06 PERMANENT UTILITY EASEMENT THIS PERMANENT UTILITY EASEMENT (“Easement”) is made, granted and conveyed this ______ day of _________, 2022 (“Effective Date”), by and between the undersigned Landowner (“Landowner”), and the City of Hastings, a Minnesota municipal corporation (“City”), for and in consideration of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged. PROPERTY DESCRIPTION The Landowner owns real property in Dakota County, Minnesota, legally described as follows: Lot 2, Block 1, Profile Addition Abstract Property PID: 19-58800-01-020 (“Landowner’s Property”). PERMANENT EASEMENT DESCRIPTION The Landowner does hereby grant and convey unto the City, its successors and assigns, forever the following: A permanent easement for utility purposes and all such purposes ancillary, incident or related thereto (“Permanent Easement”) under, over, across, through and upon that real property legally described on Exhibit A and depicted on Exhibit B (the “Permanent Easement Area”), attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any water mains, underground pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. VIII-06 2 The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any water mains, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of any utility pipes, conduits or mains and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys’ fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner’s Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for itself and its successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that it is well seized in fee of the Landowner’s Property described above, the Permanent Easement Area described on Exhibit A and depicted on Exhibit B and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. VIII-06 3 IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF HASTINGS By: ____________________________________ Mary Fasbender, Mayor ATTEST: By: _____________________________________ Kelly Murtaugh, City Clerk STATE OF MINNESOTA ) ) COUNTY OF DAKOTA ) On this ___ day of ____________________, 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Hastings, the Minnesota municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. ____________________________________ Notary Public VIII-06 4 LANDOWNER: CITY OF HASTINGS By: ____________________________________ Mary Fasbender, Mayor ATTEST: By: _____________________________________ Kelly Murtaugh, City Clerk STATE OF MINNESOTA ) ) COUNTY OF DAKOTA ) On this ___ day of ____________________, 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Hastings, the Minnesota municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. ____________________________________ Notary Public This instrument drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 VIII-06 A-1 EXHIBIT A LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA A 30.00 foot easement for utility purposes, over, under and across that part of Landowner’s Property. The centerline of said easement is described as follows: Commencing at the most northerly corner of said Lot 2; thence South 33 degrees 42 minutes 48 seconds West, assumed bearing, along the northwesterly line of said Lot 2, a distance of 262.02 feet for the point of beginning of the centerline to be described; thence South 31 degrees 55 minutes 11 seconds East, 122.62 feet; thence South 56 degrees 09 minutes 54 seconds East, 10.34 feet and there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on said northwesterly line of said Lot 2. VIII-06 B-1 EXHIBIT B DEPICTION OF PERMANENT EASEMENT AREA VIII-06