The URL can be used to link to this page

Home My WebLink AboutItem 06.kDate: 29 July 2013 Item No. 6k APPROVAL OF AN OVERHANG ELECTRIC EASEMENT WITH NORTHERN STATES POWER COMPANY, OUTLOT A, RIDGEVIEW 2ND ADDITION Proposed Action Staff recommends adoption of the following motion: Move to approve the rg anting of an overhang electric easement with Northern States Power Company in Outlot A Ridgeview 2 nd Addition. Passage of this motion provides an additionai 10 foot easement for Northern States Power Company for the upgrading of power lines in Lakeville. Overview Northern States Power Company, dba Xcel Energy, is in the process of upgrading both its power poles and power lines on a section of line that runs northeast /southwest through Lakeville. Part of the line running through the Ridgeview 2nd Addition has one of the longest spans it the line and as such has the potential to sway in high winds outside the current easement. This creates a possible blow down problem in this area. Two possible solutions exist to solve the blow down problem; one is to install another power pole; the other is to acquire an addition to the existing easement. Installing another power pole has not been favorably received by the affected property owners. As a result, Northern States Power Company is seeking to acquire an additional 10 feet of easement to meet the blow down requirements in this area. Staff has reviewed the easement grant agreement and recommends its approval. Primary Issues to Consider • Does the easement affect any City facilities? The additional 10 foot easement does not affect any City facilities. Supporting Information • A copy of the easement agreement and property description are attached. Chr pher etree Public Works Director Financial Impact: Related Documents (CIP, ERP, etc.): Notes: Budgeted: Source: OVERHANG ELECTRIC EASEMENT KNOW ALL BY THESE PRESENTS, That the undersigned, hereinafter called "Grantor ", in rnn6deratinn of the ciim of $1.00 and other good and valuable -- 4 deratEen ir. hand paid 1 -- U NORTHERN STATES POWER COMPANY, a Minnesota Corporation, d /b /a Xcel Energy, the receipt and sufficiency whereof is hereby acknowledged, do hereby, grant unto said Company its successors and assigns, hereinafter called "Grantee ", an overhang easement with the right, privilege and authority to maintain its facilities for the transmission and distribution of electrical energy, including the necessary wires, electric cables, and facilities related and appurtenant thereto, over, across, and upon said easement on the following described Land situated in the County of Dakota, State of Minnesota, described on the attached Exhibit A (the "Premises "). Except for the right of access tree trimming and temporary working area, said easement shall be limited to that part of the Premises (hereinafter called "Easement Area ") described the "Easement Area" on the attached Exhibit A . The grant of easement herein contained shall also include the right of reasonable access to said easement across the Premises for the purpose of exercising the rights granted herein, together with the right to remove from Easement Area 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 reasonably necessary for the construction or maintenance thereof. The grant of easement herein contained shall also include the right of reasonable use of the Premises adjacent to the Easement Area by Grantee for tree trimming purposes and for temporary construction area during construction, repair or replacement of said electric facilities. 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 Area, 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. Page 1 of 3 Rev(1): 10 -4 -04 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 easement area to conform to the right of way actually occupied by the electric lines. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This instrument is exempt from the Minnesota Deed Tax. IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of the day of 1 2013. City of Lakeville, a municipal corporation By Matt Little Its: Mayor By Char Friedges Its: City Clerk Page 2 of 3 Rev(1): 10 -4 -04 STATE OF MINNESOTA COUNTY OF SS. The foregoing instrument was acknowledged before me this day of 20013, by City of Lakeville, a municipal corporation. Notary Public This instrument was drafted by: TSM Northers! States Power Company 414 Nicollet Mall, Minneapolis, MN 55401 Page 3 of 3 Rev(l): 10 -4 -04 NORTHERN STATES POWER MINNESOTA EXHIBIT A SHEET 1 OF 2 Easement Exhibit Location: City of Lakeville, Dakota County, Minnesota Grantor: City of Lakeville See Sheet 2 of 2 for descriptions. NE COR. OUTLOT A, RIDGEVIE SECOND ADDITION POB E. LINE OUTLOT A wi N (� I� <I� y� I� / DESCRIPTION LINE x.00, / i� D LS CRIF & `/ G NW'LY LINE OF NSP EASEMENT PER DOC NO. 26946 y / I SEC. 7, T.114N., R20W., 5TH P.M. CO.: DAKOTA 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. ERIC A. ROESER LIC. NO. 47476 DATE: 6) "7 1aZ //I N Scale: 11"= 60' NORTHERN STATES POWER MINNESOTA EXHIBIT A SHEET 2 OF 2 Easement Exhibit Location: City of Lakeville, Dakota County, Minnesota Grantor: City of Lakeville See Sheet 2 of 2 for descriptions. Premises Outlot A, Ridgeview Second Addition, according to the recorded plat thereof. Easement Area: A in nn F...4 -Ads easement ver ... der a n-1 .........., 11-at part _ s1b_ 1___: �_<_.__ _�. �'n._. .. 110 r ,v. vv rvut rnuc caacn,cm wc�, uuuci, an a,dvao Mal Pa,t VI UDC IjWj W;f1 UUJUJU ae5Gribea - YremlSeS,� lying 7U.UU to the right of and abutting the following described line; said line also being the northwesterly line of that easement reserved and described in document number 26946: Commencing at the northeast corner of Outlot A, Ridgeview Second Addition, according to the recorded plat thereof; thence South 00 degrees 45 minutes 25 seconds East on an assumed bearing along the east line of said Outlot A, a distance of 178.36 feet to the intersection of the northwesterly line oft] let easement described in document number 26946 and said east line of Outlot A, also being the point of beginning; thence South 41 degrees 57 minutes 59 seconds West along said northwesterly line of that easement described in document number 26946, a distance of 367.67 feet to the southerly line of said Outlot A, and said line there terminating. The sidelines of said easement are to be prolonged or shortened to terminate at the east and southerly lines of said Outlot A. Containing 3,755 square feet, or 0.09 acres, more or less. SEC. 7, T.114N., R20W., 5TH P.M. CO.: DAKOTA Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale legal document and should not be substituted for a title search,appraisal, survey, or for zoning 1 inch = 126 feet verification. Dakota County assumes no legal responsibility for the information contained in this data. 7/15/2013 Xce/ L�rtc�rc�►ysM Line 0832 Rebuild Project Easement Compensation Worksheet for: Parcel: NIA Citv of Lakeville Residential Land Property Value Value Acres Easement Easement Compensation per acre Adjustment From Survey Compensation New Easement Payment: $7,545.00 40% 0.09 $271.62 Summary of Payments: Easement Payment Total Payments $750.00 Accepted Accepted Date: Prepared