HomeMy WebLinkAboutItem 06.kOctober 28, 2014
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Lakeville
GRANT OF PERMANENT EASEMENT
NOVEMBER 3, 2014 CITY COUNCIL MEETING
Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Grant of
Permanent Easement with Derek and Rochelle Blumberg.
Adoption of this motion will allow the City to grant a permanent easement to allow access to
Lake Marion across a portion of City owned property abutting Lake Marion.
Overview
Derek and Rochelle Blumberg are requesting approval of an access easement across a
portion of outlot the City owns adjacent to the north side of Lake Marion. Approval of this
easement will allow the Blumbergs access to the lake for installation and removal of a boat
dock. The developer of Great Oak Shore Point on the west side of Lake Marion deeded the
outlot to the City with the final plat separate from the Blumberg lot and the other lots in the
Kabot Cove subdivision. The Blumberg lot is currently undeveloped but is adjacent to lots
with single family homes on 18809 and 18869 Kabot Cove Lane. The Blumbergs plan to
begin construction of a home on the parcel in November 2014.
Primary Issues to Consider
Will granting the easement alter the condition of the City owned outlot? The City will retain
ownership of the outlot. The easement will allow the Blumbergs to cross the outlot to access the
lake. The easement agreement further restricts any alterations on the City's outlot.
Supporting Information
• Grant of Permanent Easement
• Location Map
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Frank Dempsey, AICP, As6ociate anner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Notes:
GRANT OF PERMANENT EASEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered as of the /
day of 6C fb &6- , 2014, by and between the CITY OF LAKEVILLE a Minnesota
corporation, ("Grantor") and DEREK B. BLUMBERG AND ROCHELLE FRANCES
GROSS BLUMBERG, husband and wife, ("Grantees") (collectively as the "Parties").
RECITALS
A. Grantor is the fee owner of property legally described on Exhibit A ("City
Property");
B. Grantees are the owners of property abutting the City Property, which property is
legally described on Exhibit B ("Benefited Property");
C. In order to have access to Lake Marion and install a dock to serve the Benefited
Property, Grantees require access over the City Property;
NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and
other good and valuable consideration to them in hand paid by Grantees, the receipt and
sufficiency of which is hereby acknowledged by Grantor:
1. Easement. Grantor hereby grants unto Grantees, their heirs, successors and assigns,
forever, an appurtenant easement for access to Lake Marion over and across and through that part
of the City Property legally described on the attached Exhibit "C" and depicted on the attached
Exhibit "D" ("Easement Premises"). The Easement shall run with the title to the Benefited
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 all subsequent owners of the
Benefited Property and all persons claiming under them.
178553v2
2. Scope of Easement.
A. The rights under this Easement Agreement shall include the rights of the Grantees,
their contractors, agents, servants, and assigns, to enter upon the Easement Premises in accordance
with this document at all reasonable times for the limited purpose of ingress and egress access to
Lake Marion and installation, maintenance and use of a private dock within the Easement
Premises.
B. The following are prohibited within the Easement Premises:
(1) Constructing, installing, or maintaining anything other than a private dock,
including buildings, structures, fences, retaining walls, fireplaces, clothes line poles,
playground equipment, drives, hardcover of any kind, underground utility lines and
distribution equipment, light poles, or other private improvements, except the following:
1) feeders, bird houses, and other devices intended to foster wildlife; 2) docks or
boardwalks when allowed by City ordinance and under a valid City permit; and 3) non -
hardcover walking paths may be allowed.
(2) The parking or storage of equipment, materials, and supplies within the
Easement Premises other than a private dock as allowed under this Agreement.
(3) Vehicular access, except as necessary to install and remove a private dock
as allowed under this Agreement.
(4) Excavation or filling within the Easement Premises.
(5) Use of the Easement Premises for a boat launch.
3. Indemnification. Grantees shall indemnify, keep and hold Grantor, its officers,
employees, agents and assigns, free and harmless from any and all liability on account of injury or
death of persons or damage to or depreciation in value of property occurring within the Easement
Premises.
4. Grantees to Defend Claims. In the event a suit is brought against the Grantor under
circumstances where this agreement to indemnify applies, Grantees at their sole cost and expense
shall defend the Grantor in such suit if written notice thereof is promptly given to Grantees within
a period wherein Grantees are not prejudiced by lack of such notice. If Grantees are required to
indemnify and defend, they will thereafter have control of such litigation, but Grantees may not
settle such litigation without the consent of the Grantor, which consent shall not be unreasonably
withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise
available to the Grantor; and Grantees, in defending any action on behalf of the Grantor shall be
entitled to assert in any action every defense or immunity that the Grantor could assert in its own
behalf.
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178553v2
5. Compliance with Applicable Laws. Grantees shall at all times comply with all
applicable laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now or
hereafter promulgated or enacted in connection with their use of the Easement Premises.
6. Maintenance. Grantees shall be responsible for maintenance of the Easement
Premises at Grantees' sole cost and expense.
7. Reservation of Rights of Grantor. Grantor reserves for itself and for its successors
and assigns, the right to enter upon the Easement Premises and to do and perform on the Easement
Premises such acts as are not inconsistent with the easement rights granted to the City herein.
[Remainder of Page Intentionally Left Blank]
[Signature Pages to Follow]
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178553v2
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this
day of , 2014.
GRANTOR:
CITY OF LAKEVILLE
(SEAL)
101
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
Matt Little, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2014, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of the
City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
NOTARY PUBLIC
4
178553v2
IN TESTIMONY WHEREOF, the Grantees hereto have signed this easement this
_ day of , 2014.
GRANTEES:
we
Rochelle Frances Gross Blumberg
STATE OF MINNESOTA
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
2014, by Derek B. Blumberg and Rochelle Frances Gross Blumberg, husband
and wife.
PENNY saga BsMsaM ,
REVIG
NOTARY PUBLIC - M J ESOTA NOTARY P BIC
* Commission E*ft Jam. 31, 2015
INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: 612 452-5000
AMP/cjh
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178553v2
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of City Property:
Outlot B, Great Oak Shores Point, Dakota County, Minnesota, according to the recorded plat
thereof
178553v2
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of Benefited Property:
Lot 7, Block 1, Kabot Cove, Dakota County, Minnesota, according to the recorded plat thereof
178553v2
EXHIBIT "C"
TO
GRANT OF PERMANENT EASEMENT
Legal Description of Easement Premises:
A permanent easement for access purposes over, under, across and through that part of OUTLOT
B, GREAT OAK SHORES POINT, described as lying southeasterly of a line described as follows:
commencing at the north corner of Lot 7, Block 1, Kabot Cove, thence South 36 degrees 00
minutes 13 seconds East, along the northwesterly line of said Lot 7, a distance of 234.51 feet to the
west corner of said Lot 7; thence continuing along the southwesterly extension of said line to the
shoreline of Marion Lake and there terminating, and lying northwesterly of a line commencing at
the east corner of Lot 7, Block 1, Kabot Cove, thence South 55 degrees 28 minutes 00 seconds
West, along the southeasterly line of said Lot 7, a distance of 218.08 feet to the south corner of said
Lot 7, thence continuing along the southwesterly extension of said southeasterly line to the
shoreline of Marion Lake and there terminating.
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178553v2
EXHIBIT D
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LEGAL DESCRIPTION:
LOT 7, BLK 1, KABOT COVE,
DAKOTA CO MN.
ADDRESS— 483 KABOT COVE LN
PID#22-41100-01-070
LOT AREA = 33400 SF/ 0.76 AC
PROPOSED INGRESS AND EGRESS EASEMENT FOR THE BENEFIT OF LOT 7, BLOCK 1, KABOT COVE,
Over that part of UTLOT B, GREAT OAK SHORES POINT, described as lying southeasterly of a
line described as follows; commencing at the north corner of Lot 7, Block 1, Kabot Cove,
thence South 36 degrees 00 minutes 13 seconds East, along the northwesterly line of said
Lot 7, a distance of 234.51 feet to the west corner of said Lot 7, thence continuing along
the southwesterly extension of said line to the shoreline of Marion Lake and there
terminating, and lying northwesterly of a line commencing at the east corner of Lot 7,
Block 1, Kabot Cove, thence South 55 degrees 28 minutes 00 seconds West, along the
southeasterly line of said Lot 7, a distance of 218.08 feet to the south corner of said
Lot 7, thence continuing along the southwesterly extension of said southeasterly line to
the shoreline of Marion Lake and there terminating.
Na 19DOK
PROPOSED A CCESS
"
EPT 29, 2014
EASEMENT SKETCH
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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 = 262 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 10/21/2014