CR 96-71 City Grants Easement To MSP Park•
Proposed Action.
Primary Issues to Consider.
Supporting Information.
o Location map
o Draft easement
o Resolution 96 -38
Jams Gessele
Engineering Superintendent
cr96 -71
• Staff recommendation
Y
April 10, 1996 Council Report 96 -71
CITY GRANTS EASEMENT TO NSP
CENTRAL PARE
Staff recommends adoption of the following resolution: Move that
Council adopt Resolution 96 -38. Resolution Authorizing Granting of
Utility Easement to Northern States Power Company.
Overview.
North Star Land Services Company, representing NSP, has requested an
underground utility easement over the northerly 10 feet of Central
Park. This is to facilitate the placement of underground electrical
cable south of St. Joseph's Church.
• Routing of a proposed NSP Cable
NSP needs to provide an additional feed to St. Joseph's Church because
of the loss of a feed from the former Suburban Chevrolet site. An
existing line across the Suburban site will need to be relocated in
order not to conflict with movie theater site improvements. NSP
proposes that underground trenching is easier through the park than
through bituminous driveways and parking lots and has therefore chosen
Central Park as a solution.
• City Charter requirements
The charter requires land disposal or easement encumbrance
transactions done for consideration. If the City grants this easement
consideration will be for NSP to provide an electrical feed point to a
picnic shelter at the north end of Central Park.
Staff recommends adoption of Resolution 96 -38 authorizing a utility
easement in favor of Northern States Power Company.
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9601
(Abstract)
ELECTRIC DISTRIBUTION EASEMENT t
KNOW ALL MEN BY THESE PRESENTS, That the undersigned, hereinafter
called °Grantor°, in consideration of the sum of $1.00 and other
good and valuable consideration in hand paid by NORTHERN STATES
POWER COMPANY, a Minnesota Corporation, the receipt and sufficiency
whereof is hereby acknowledged, do hereby grant unto said Company,
its successors and assigns, hereinafter called "Grantee ", an
easement with the right, privilege and authority to excavate for,
construct, install, mark, inspect, operate, repair, alter, replace,
reconstruct, remove and maintain its facilities for the
transmission and distribution of electrical energy, including the
necessary poles, wires, guys, stubs, electric cables, conduits,
vaults, pedestals, manholes and facilities related and appurtenant
thereto, over, across, under and upon said easement on the
following described land situated in the County of Hennepin State
of Minnesota to wit:
PROPERTY DESCRIPTION:
All that part of Section Twenty -Four (24), Township One
Hundred Seventeen (117) North, Range Twenty -Two (22)
West, described as follows:
Beginning at the Southeast corner of the
Southwest One - Quarter of t S hwest One -
Quarter (SW 1/4 of / t c orth along
the East line tk ) t d taut Three
Hundred d ( Fifty ) e�, u h of the South
line of Excelsio v ue; thence Westerly on a
line parallel with Excelsior Avenue to the
intersection of the East line of the extension
Southerly of Fifteenth Avenue (15th Ave.) as
plotted in the plat of West Minneapolis Second
Division; thence South along said extension of
Fifteenth Avenue (15th Ave.) to the South line
of Section; thence East along the South line
of Section to point of beginning.
EASEMENT DESCRIPTION:
Except for the right of access, Grantee's easement rights
shall be limited to the North 10.00 feet of the above
described property.
The grant of easement herein contained shall also include the
right reasonable access to said easement across said lands for
the purpose of exercising the rights granted herein, together with
the right to remove from said easement any structure, trees,
shrubbery, or other object or obstruction which in Grantee's
opinion interferes with said facilities or the removal of which may
be reasonable necessary for the construction or maintenance
thereof.
Except as otherwise provided herein or in any Underground
Distribution Agreement between the Grantor and Grantee covering the
above described premises, Grantee shall, after installation of the
above described electrical facilities, or after the exercise of any
rights granted herein, restore the lands subject to this easement
to as near their original condition as is reasonably possible and
remove.therefrom all debris, spoils, and equipment resulting from
or used in connection with said installation.
Grantor further agrees that no structure or obstruction will
be erected or permitted or any trees planted on or within said
easement, that he will not change the ground elevation thereof
without the written consent of Grantee, or perform any act which
will interfere with or endanger said electrical facilities.
The grant herein contained shall also include the right of
Grantee to permit the joint use of overhead facilities and joint
undergrounding with public utility and cable television companies.
Grantor covenants with Grantee, its successors and assigns,
that Grantor is the owner of the above described premises and has
the right to sell and convey an easement in the manner and form
aforesaid.
This instrument and the covenants and agreements contained
herein are binding upon the Grantor, his personal representatives,
heirs, successors and assigns.
The Grantor agrees to execute and deliver to NSP, at NSP's
cost, without additional compensation any additional documents
needed to correct the legal description of the ease t area to
conform to the right of way actually occupi Grantee's
facilities.
It is mutually understood and e t t'lis instrument
covers all the agreements and stipule s t een the parties and
that no representations or statements, bal or written, have been
made modifying, adding to or changing the terms hereof.
This instrument is exempt from the Minnesota Deed Tax.
This instrument was drafted by Northern States Power Company,
414 Nicollet Mall, Minneapolis, Minnesota.
IN WITNESS WHEREOF, the undersigned has caused this instrument
to be duly executed as of the day of , 1996.
Grantor(s):
City of Hopkins
By:
ACKNOWLEDGEMENT
Its:
STATE OF 'nn sota
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of , 1921_, by
the of City of Hopkins, a
municipal corporation, on behalf of the corporation.
Notary Public
•
CITY OP HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 96 -38
A RESOLUTION GRANTING A UTILITY EASEMENT TO NORTHERN STATES POWER
COMPANY FOR UNDERGROUND UTILITY PURPOSES
Whereas, the City of Hopkins holds title to the following
described property:
All that part of Section Twenty Four (24) Township One Hundred
Seventeen (117) North, Range Twenty -Two (22) West, described as
follows:
Beginning at the Southeast corner of the Southwest
One - Quarter of the Southwest One - Quarter (SW 1/4 of
SW 1 /4);thence North along the East line thereof to a
point distant Three Hundred Fifty (350) feet South of
the South line of Excelsior Avenue; thence Westerly on
a line parallel with Excelsior Avenue to the intersection
of the East line of the extension Southerly of Fifteenth
Avenue (15th Ave.) as plotted in the plat of West
Minneapolis Second Division; thence South along said
extension of the Fifteenth Avenue (15th Ave.) to the
South line of Section; thence East along the South line
of Section to point of beginning, and
Whereas, Northern States Power Company requires a 10 foot utility
easement over, across and upon the northerly 10 feet of the
above- described City property.
Now, Therefore Be It Resolved By the City Council of The City of
Hopkins, Minnesota:
The City is authorized to grant said 10 foot utility
easement in consideration of Northern States Power Company
installing an electrical feed point to its picnic shelter in
Central Park.
Adopted by the City Council of the City of Hopkins this 16th day of
April, 1996.
ATTEST:
James A.Genellie, City Clerk
rea9 -38
Charles D.Redepenning, Mayor