CR 09-046 Approve Form of Agreement for Easements - Nine Mile Creek Restoration - Project 06-05G \TY OF
NOPKINS
May 19, 2009 Council Report 2009 -046
Approve Form of Agreement for Easements
Nine Mile Creek Restoration
Project 06 -05
Proposed Action
Staff recommends adoption of the following motion: Move that Council adopt
Resolution 2009 -032 Resolution Approving Form of Agreement for Easements.
Overview
As part of the Nine Mile Creek Restoration Project, several easements are required for
access, maintenance and trails. The two easements before you are located at 610 and 644
10 Avenue S on the east side of the creek. The easements are permanent drainage,
utility and access easements along the backs of the properties. We have acquired
appraisals for the easements and negotiated with the property owners who have verbally
agreed to compensation equal to that of the appraised value. The purchase prices are
listed below:
634 10 Avenue S. $614 for 741 SF of easement
644 10 Avenue S. $3,108 for 3,750 SF of easement
25% of the costs for the easements will be paid by the Nine Mile Creek Watershed
District.
There are 6 other easements that we are currently working to acquire and will bring those
forth as they are settled.
Supporting Information
• Easement Acquisition Offer Letters
• Easement Agreements
• Resolution 2008 -032
`n R. Bradford, P.E.
City Engineer
Financial Impact: 3,722 Budgeted: Y/N Y Source: Storm Fund Related Documents (CIP, ERP,
etc.): Notes:
April 13, 2009
City of Ifop
1010 First Street South • Hopkins, MN 55343 -7573 9 Phone: 952- 935 -8474 • Fax. 952- 935 -1834
Wed address: www.hopkinsmn.com
Jeffery Graff
634 10` Avenue S
Hopkins, MN 55343
Re: Acquisition of Pennanent Easement over Property at 634 10` Avenue South, Hopkins, MN
Dear Mr. Graff:
Thank you for meeting with me recently to discuss the acquisition of a permanent easement for
access purposes over your property noted above. The purpose of this letter is to summarize that
discussion and to make a fonnal offer. As we discussed, in connection with the Nine Mile Creek
improvement project, the City proposes to acquire a permanent easement for drainage and utility purposes
over your property. The location and dimensions of the proposed easement are shown in Exhibit A
attached to this letter. The purpose of the easement would be for public drainage and utility purposes,
including the right to enter the permanent easement area for the purpose of installing, repairing,
maintaining and replacing public drainage and utility improvements within the easement area and the
adjacent existing easement shown on Exhibit A. The easement will also prohibit grading, filling or
alteration of the surface of the pennanent easement area and the construction of any hard surfaced areas,
fences, sheds, structures or similar improvements. The area of the permanent easement to be acquired is
approximately 741 square feet ( "Permanent Easement ").
As we discussed, the City has obtained and provided you with a copy of an uncomplicated
appraisal in a summary report format valuing the Permanent Easement to be acquired over your property
at $614. When I discussed the proposed easement acquisition with you, you indicated payment of this
amount for the Pennanent Easement may be acceptable.
Upon confinnation of your acceptance of this proposal, the City Attorney's office will prepare the
Grant of Easement by which you will grant the Permanent Easement to the City, and forward a copy of
that document to you for your review. The Grant of Easement must be properly executed by all owners of
the real property affected by the Permanent Easement. Written consent(s), in recordable form, must also
be obtained from each mortgage holder holding a mortgage on your property. The City will assist you in
requesting Mortgage Holder's Consent(s), but it is the responsibility of the property owner to contact all
mortgage holders and obtain their written consent to the granting of the Pennanent Easement.
Payment in full for acquisition of the Permanent Easement will be made at the time the City
receives the original Grant of Easement and any required Mortgage Holder's Consent(s), in the form
required by the City, properly executed by all owners and mortgage holders. The City will pay all costs
associated with recording the Permanent Easement.
If you would contact me to confinn the proposal made by this letter is acceptable, I will arrange
to have a draft of the Permanent Easement and Mortgage Holder's Consent(s) prepared and forwarded to
you for review. Please contact me if you have any other questions regarding the acquisition of the
Pennanent Easement. Again, thank you for time regarding this matter.
Sincerely,
Sohn R. Bradford, P.E.
City Engineer Q ty of Life,
Partnering with the Community to enhance the uali o Li e
e Inspire • Educate • Involve + Communicate •
Nine Mile Ci o f3 s P- d E a S e I'
! Ve"n ell t Pro ec
Hopk in 3, AW N Pa r a n a r! t E a s e!
WS,R 14,74-08 Ave
GRANT OF EASEMENT AND RESTRICTIONS
THIS GRANT OF EASEMENT AND RESTRICTIONS is made on this day of
' 2009, by Jeffrey C. Graff, single, ( "Grantor ") to the City of Hopkins, a
Minnesota municipal corporation ( rGrantee•).
RECITALS:
A. Grantor is the owner in fee simple of the Real Property described in Exhibit A
attached hereto and incorporated herein (the "Real Property ").
B. Grantee has agreed to acquire and Grantor has agreed to grant to Grantee the
permanent easement described and granted herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated in
and made a part of this Grant, and payment of the sum of $ , in cash, the receipt
and sufficiency of which are hereby acknowledged by Grantor:
1. Permanent Easement Grantor hereby grants and conveys to Grantee, its successors
and assigns, a permanent easement (the ■Permanent Easement.) for public drainage, utility and
access purposes over, under, upon and across that portion of the Real Property legally described in
Exhibit B attached hereto and incorporated herein by reference. The Permanent Easement shall run
with the title to the Real Property and shall inure to the benefit of and be binding upon Grantor and
Grantee and their respective heirs, successors and assigns, including, but without limitation all
subsequent owners of the Real Property and all persons claiming under them.
The Permanent Easement shall include the right to enter the Permanent Easement for the purpose of
installing, repairing, maintaining and replacing public drainage and utility improvements within the
Permanent Easement area described in Exhibit B and for installing, repairing, maintaining and
replacing public drainage and utility improvements within adjacent public right -of -way or public
easements owned or controlled by Grantee or by another public or quasi - public entity. Grantee may
alter the existing grades and perform grading or filling within the Permanent Easement area as
necessary to achieve the intended purpose of the Permanent Easement for drainage purposes.
Grantee shall repair any damage to the Permanent Easement area resulting from entry thereon by
Grantee or Grantee's employees, agents or contractors; and Grantee shall seed or plant disturbed or
HopCivil/GrantofEasement. GraffEasementG
damaged areas with vegetation suitable for the intended use of the Permanent Easement area for
public drainage and utility purposes.
2. Restrictions on Grantor's Use of Permanent Easement Grantor shall not use the
Permanent Easement area or permit the construction of any improvements within the Permanent
Easement in any manner that would damage or interfere with the use of the Permanent Easement for
public drainage, utility and access purposes. Specifically, any grading, filling or alteration of the
surface of the Permanent Easement area by any party other than Grantor or the construction of any
hard - surfaced areas, fences, sheds, structures or similar improvements within the Permanent
Easement area is prohibited. Grantor is not divested of the right to use and enjoy the Real Property
and the Permanent Easement area for other purposes, subject only to the restriction stated herein and
the right of Grantee to use the same for the purposes herein expressed.
3. Title Grantor represents and covenants with the Grantee that Grantor is the only
owner of fee title to the Real Property; has the sole right to grant and convey the Permanent
Easement to the Grantee; that there are no unrecorded mortgages, contracts for deed or other
encumbrances that would prevent the establishment of the Permanent Easement or the use thereof by
the Grantee for the purposes described herein; and that Grantor will indemnify and hold the Grantee
harmless for any breach of the foregoing covenants.
4. Governing Law This Grant of Easement 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 and
Restrictions effective on the above date.
GRANTOR:
Jeffrey C. Graff
GRANTEE:
CITY OF HOPKINS
By
Its Mayor
ON
Its City Manager
HopCivil /GrantofEasement.GraffEasementG 2
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2009, by Jeffrey C. Graff, single.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2009, by , the Mayor, and
, the City Manager, of The City of Hopkins, a municipal
corporation, under the laws of the State of Minnesota, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, MN 55343
Phone: 952- 938 -7635
Fax: 952- 938 -7670
HopCivil /GrantofEasement.GraffEasementG 3
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
Lot 9, Block 58, WEST MINNEAPOLIS, according to said plat on file and of record in the office of
the County Recorder, Hennepin County, Minnesota.
HopCivil /GrantofEasement. GraffEasementG
EXHIBIT B
LEGAL DESCRIPTION OF PERMANENT EASEMENT
That part of the following described tract of land:
Lot 9, Block 58, WEST MINNEAPOLIS, according to said plat on file and of record in the office of
the County Recorder, Hennepin County, Minnesota.
Which lies within the following permanent easement for public drainage, utility and access purposes:
The west 15.00 feet of Lot 9, Block 58, West Minneapolis, according to said plat on file and of
record in the office of the County Recorder, Hennepin County, Minnesota.
HopCivil /GrantofEasement.GraffEasementG 5
MORTGAGEE'S CONSENT
a
in that certain Mortgage dated
recorded
the mortgagee named
(the "Mortgage "), which Mortgage was
, as Hennepin County
Document No.
hereby consents to the foregoing Grant of Easement and Restrictions and agrees
that the Mortgage shall be subject and subordinate to said Grant of Easement and Restrictions.
By
Its
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2009, by
and
, of
laws of the State of , on behalf of the
R1
Notary Public
day of
the
the
under the
HopCivi l /GrantofEasement.GraffEasementG 6
.
April 13, 2009
City of �opkins
1010 First Street South • Hopkins, - 55343 -7573 • Phone: 952- 935 -8474 • FaX.• 952 - 935 -1834
Wed address: www.hopkinsmn.com
David Dusoski
214 Bridge Crossing
Shakopee, MN 55379
Re: Acquisition of Permanent Easement over Property at 644 10 Avenue South, Hopkins, MN
Dear Mr. Dusoski:
Thank you for meeting with me recently to discuss the acquisition of a permanent easement for
access purposes over your property noted above. The purpose of this letter is to summarize that
discussion and to make a formal offer. As we discussed, in connection with the Nine Mile Creek
improvement project, the City proposes to acquire a permanent easement for drainage and utility purposes
over your property. The location and dimensions of the proposed easement are shown in Exhibit A
attached to this letter. The purpose of the easement would be for public drainage and utility purposes,
including the right to enter the permanent easement area for the purpose of installing, repairing,
maintaining and replacing public drainage and utility improvements within the easement area and the
adjacent existing easement shown on Exhibit A. The easement will also prohibit grading, filling or
alteration of the surface of the permanent easement area and the construction of any hard surfaced areas,
fences, sheds, structures or similar improvements. The area of the permanent easement to be acquired is
approximately 3,750 square feet ( "Permanent Easement ").
As we discussed, the City has obtained and provided you with a copy of an uncomplicated
appraisal in a summary report fonnat valuing the Pennanent Easement to be acquired over your property
at $3,108. When I discussed the proposed easement acquisition with you, you indicated payment of this
amount for the Pennanent Easement may be acceptable.
Upon confinnation of your acceptance of this proposal, the City Attorney's office will prepare the
Grant of Easement by which you will grant the Permanent Easement to the City, and forward a copy of
that document to you for your review. The Grant of Easement must be properly executed by all owners of
the real property affected by the Permanent Easement. Written consent(s), in recordable form, must also
be obtained from each mortgage holder holding a mortgage on your property. The City will assist you in
requesting Mortgage Holder's Consent(s), but it is the responsibility of the property owner to contact all
mortgage holders and obtain their written consent to the granting of the Permanent Easement.
Payment in full for acquisition of the Permanent Easement will be made at the time the City
receives the original Grant of Easement and any required Mortgage Holder's Consent(s), in the form
required by the City, properly executed by all owners and mortgage holders. The City will pay all costs
associated with recording the Permanent Easement.
If you would contact me to confirm the proposal made by this letter is acceptable, I will arrange
to have a draft of the Permanent Easement and Mortgage Holder's Consent(s) prepared and forwarded to
you for review. Please contact me if you have any other questions regarding the acquisition of the
Pennanent Easement. Again, thank you for time regarding this matter.
Sincer� `
/John R. Bradford, P.E.
LZ City. Engineer Partnering with the Community to Enhance the Quality of rife
Inspire • Educate + Involve s Communicate •
Legend
Pr 'y iin»
Nine Mile Creek
P Eases eno'
2m very? e n t Project � I
Hopkins, iWiV nanam 3;-)
WSB No, 14 74 -0a 4 10 th A va% S
GRANT OF EASEMENT AND RESTRICTIONS
THIS GRANT OF EASEMENT AND RESTRICTIONS is made on this day of
1 2009, by David A. Dusoski and , husband and wife,
(collectively "Grantor ") to the City of Hopkins, a Minnesota municipal corporation (rGrantee.).
RECITALS:
A. Grantor is the owner in fee simple of the Real Property described in Exhibit A
attached hereto and incorporated herein (the "Real Property ").
B. Grantee has agreed to acquire and Grantor has agreed to grant to Grantee the
permanent easement described and granted herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated in
and made a part of this Grant, and payment of the sum of $ , in cash, the receipt
and sufficiency of which are hereby acknowledged by Grantor:
1. Permanent Easement Grantor hereby grants and conveys to Grantee, its successors
and assigns, a permanent easement (the oPermanent Easement.) for public drainage, utility and
access purposes over, under, upon and across that portion of the Real Property legally described in
Exhibit B attached hereto and incorporated herein by reference. The Permanent Easement shall run
with the title to the Real Property and shall inure to the benefit of and be binding upon Grantor and
Grantee and their respective heirs, successors and assigns, including, but without limitation all
subsequent owners of the Real Property and all persons claiming under them.
The Permanent Easement shall include the right to enter the Permanent Easement for the purpose of
installing, repairing, maintaining and replacing public drainage and utility improvements within the
Permanent Easement area described in Exhibit B and for installing, repairing, maintaining and
replacing public drainage and utility improvements within adjacent public right -of -way or public
easements owned or controlled by Grantee or by another public or quasi - public entity. Grantee may
alter the existing grades and perform grading or filling within the Permanent Easement area as
necessary to achieve the intended purpose of the Permanent Easement for drainage purposes.
Grantee shall repair any damage to the Permanent Easement area resulting from entry thereon by
Grantee or Grantee's employees, agents or contractors; and Grantee shall seed or plant disturbed or
HopCivil /GrantofEasement. DusoskiEasementH I
damaged areas with vegetation suitable for the intended use of the Permanent Easement area for
public drainage and utility purposes.
2. Restrictions on Grantor's Use of Permanent Easement Grantor shall not use the
Permanent Easement area or permit the construction of any improvements within the Permanent
Easement in any manner that would damage or interfere with the use of the Permanent Easement for
public drainage, utility and access purposes. Specifically, any grading, filling or alteration of the
surface of the Permanent Easement area by any party other than Grantor or the construction of any
hard - surfaced areas, fences, sheds, structures or similar improvements within the Permanent
Easement area is prohibited. Grantor is not divested of the right to use and enjoy the Real Property
and the Permanent Easement area for other purposes, subject only to the restriction stated herein and
the right of Grantee to use the same for the purposes herein expressed.
3. Title Grantor represents and covenants with the Grantee that Grantor is the only
owner of fee title to the Real Property; has the sole right to grant and convey the Permanent
Easement to the Grantee; that there are no unrecorded mortgages, contracts for deed or other
encumbrances that would prevent the establishment of the Permanent Easement or the use thereof by
the Grantee for the purposes described herein; and that Grantor will indemnify and hold the Grantee
harmless for any breach of the foregoing covenants.
4. Governina Law This Grant of Easement 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 and
Restrictions effective on the above date.
GRANTOR:
David A. Dusoski
GRANTEE:
CITY OF HOPKINS
By
Its Mayor
By
Its City Manager
HopCiviUGrantotEasement .DusoskiEasementH 2
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2009, by David A. Dusoski and ,
husband and wife.
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2009, by , the Mayor, and
, the City Manager, of The City of Hopkins, a municipal
corporation, under the laws of the State of Minnesota, on behalf of the municipal corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Steiner & Curtiss, P.A.
400 Wells Fargo Bank Building
1011 First Street South
Hopkins, MN 55343
Phone: 952- 938 -7635
Fax: 952- 938 -7670
HopCivil /GrantofEasement.DusoskiEasementH 3
EXHIBIT A
LEGAL DESCRIPTION OF REAL PROPERTY
Lots 10, 11 and 12, Block 58, WEST MINNEAPOLIS, according to said plat on file and of record in
the office of the County Recorder, Hennepin County, Minnesota.
HopCivil /GrantofEasement. DusoskiEasementH
EXHIBIT B
LEGAL DESCRIPTION OF PERMANENT EASEMENT
That part of the following described tract of land:
Lots 10, 11 and 12, Block 58, WEST MINNEAPOLIS, according to said plat on file and of record in
the office of the County Recorder, Hennepin County, Minnesota.
Which lies within the following permanent easement for public drainage, utility and access purposes:
The west 25.00 feet of Lots 10, 11 and 12, Block 58, West Minneapolis, according to said plat on file
and of record in the office of the County Recorder, Hennepin County, Minnesota.
HopC ivil /GrantotEasement. DusoskiEasementH
MORTGAGEE'S CONSENT
a
in that certain Mortgage dated
recorded
the mortgagee named
(the "Mortgage "), which Mortgage was
, as Hennepin County
Document No.
hereby consents to the foregoing Grant of Easement and Restrictions and agrees
that the Mortgage shall be subject and subordinate to said Grant of Easement and Restrictions.
By —
Its
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2009, by
and
, of
laws of the State of , on behalf of the
a
Notary Public
day of
the
the
under the
HopCivil /GrantofEasement.DusoskiEasementH 6
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2009 -032
RESOLUTION APPROVING FORM OF AGREEMENT FOR EASEMENT
ACQUISITION — NINE MILE CREEK RESTORATION
PROJECT NO 06 -05
WHEREAS, the City of Hopkins petitioned the Nine Mile Watershed District to complete
a restoration project along Nine Mile Creek from Excelsior Boulevard to the southern corporate
limits, and
WHEREAS, easements are required for drainage, utilities and access to the creek for
construction and maintenance, and
WHEREAS, appraisals have been completed to assess the value of the easements to
be acquired, and
WHEREAS, the easement agreements have been drafted,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota:
1. The City of Hopkins authorizes the acquisition of the easements for 634 10 Avenue
South and 644 10 Avenue South.
2. The Mayor and City Manager are hereby authorized to enter into the agreements for
said easements noted above.
Adopted by the City Council of the City of Hopkins this 19 day of May, 2009.
By
Eugene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk