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HomeMy WebLinkAboutItem 06.o Date: February 4, 2019 Item No. AMENDMENT TO GRANT TEMPORARY EASEMENT AVONLEA 4TH ADDITION Proposed Action Staff recommends adoption of the following motion: Move to approve amendment to grant temporary easement. Overview Darrow-Kohls Family Limited Partnership and Kohls Family, LLC granted a temporary easement to the City, which was recorded on September 27, 2018. Granting the temporary easement was a condition of the Avonlea 4th Addition Development Contract for the construction of public watermain located outside of the plat boundary on the Darrow-Kohls property. Due to construction plan revisions for the utility improvements, the City has requested, and Grantors have agreed to an expansion of the easement area. The amended temporary easement expands the width of the easement area along proposed 185th Street. The terms of the original temporary easement shall remain in full force and effect. Primary Issues to Consider • None Supporting Information • Amendment to Grant Temporary Easement Financial Impact: $0 Budgeted: Y☐ N☐ Source: N/A Related Documents: Avonlea 4th Addition Development Contract Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Alex Jordan, Assistant City Engineer (reserved for recording information) AM ENDM ENT TO GRANT TEM PORA RY EASEM ENT W H E R E A S , on or about December 31 , 2018, Darrow-Kohls -~------------ F am il y L im ited P artn ership, an O h io lim ited partnersh ip , and K ohls Family, LLC, a Colorado lim ited liability com pany (coll ectiv ely , "G ran tors"), entered into a Grant of Temporary Easement in fa vor of the C ity of L ak eville, a municipal corporation (the "City"), which was recorded on Septem ber 27 , 20 18 in the Offi ce of the Dakota County Recorder, as Document No. 3272864. W H E R E A S , the C ity has requested and G ra ntors have agreed to an expansion of the easem ent area . N O W , T H E R E FO RE , fo r good and valu able con sidera tion , th e receipt and su ffi cien cy of w hich is hereby ackn ow ledged , the undersigned part ies hereby am en d the G ra nt of T em pora ry Easements to expand the width of the easement along proposed 185 Street. In furtherance thereof, E xh ib it A of the original G ra nt of T em pora ry E asem ents is hereby deleted and rep laced w ith E xh ib it A attach ed hereto, and E x h ib it B of the orig in al G ra nt of T em pora ry E asem ents is hereby deleted and rep laced w ith E xh ib it B att ached hereto. C apitalized term s as used herein sh all have th e sam e m eanin g as set fo rth in th e ori gin al G ra nt of T em p ora ry E asem en ts. Except as herein amended, the terms of the original Gra nt of Tempora ry Easements shall re m a in in fu ll fo rc e a n d e ffe c t. T h is A m e n d m e n t m a y b e sig n e d in co u n te rp a rts, each of which shall be deemed an original b u t w h ic h to g e th e r sh a ll co n stitu te o n e an d th e sa m e d o c u m e n t. [Remainder of Page Intentionally Left Blank.] 2 IN {TESTIMONY WHEREOF, the Grantors hereto have signed this agreement this o8 30}±K t f day of · / . _ · -···- -- . cp> / GRA NTORS: Darrow-Kohls Family Limited Partnersh' > BY:_ A General Partner AND _ A General Partner A N D K ohls F am il y , L L C BY: _ Its _ AND _ Its _ STATE OF Chto ) . )ss. COUNTY Orr]f ) Thie foregoing instrument was ache/edged before me hs Z' aay or =Sane.r, ·3g#}y rae Daro) and by o, each a general partner of Darrow-Kohls Family Limited Partnership, an Ohio limited partnership, on behalf of the limited partnership. 5,/lac ,A NOTARY PUBLIC -% 8B+-.63, o, /Z&<'. SAMANTHAW :s7¥2x6 HIELDON 5, ' YE Notary Public, State of Ohio = {' J ;My Comm. Expires Nov. 17,2023 -6 zO: Recorded' S 37s. :248 in ummit County ·4F o# 9° 'rt} Signature Page to Amendment to Grant Temporary Easement IN TESTIMONY WHEREOF, the Grantors hereto have signed this agreement this dayof ,2018. GRANTORS: Darrow-Kohls Family Limited Partnership BY: _ A General Partner AND _ A General Partner AND Kohls Fnmily, LLC y. le 1sl MawdaqeC J±) + AND _ Its _ STATE OF COUNTY OF ---- ) ) ss. ) -"" " e » The foregoing instrument was acknowledged before me this day of 2018, by and by s each a general partner of Darrow-Kohls Family Limited Partnership, an Ohio limited partnership, on behalf of the limited partnership. 0~='"""' __,,...,,,,.,,,,,.,,,,,.,,_.,,,'-'"' ----~-- %,,0e NOTARY PUBLIC Please see attached California Acknowledgement Signature Page to Amendment to Grant Temporary Easement CALI FORNIA ALL-PURPOSE ACKNOW LEDGM ENT CIVIL CODE S 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. woo;"", c·~= ~_-~~~--______,,_- () [ before'e,cz:es> f' 4" " y" /tu" ·" @bs personally appeared 'V 1 ] Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose namo(s) is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/he/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,.,.-.- 'SIgTalUre seer \ 'f Place Notary Seal Above f)jf)[\]Z] Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: _ D Corporate Officer - Title(s): _ D Partner- [l Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ Signer Is Representing' Signer's Name: _ D Corporate Officer - Title(s): _ D Partner- [L] Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ Signer Is Representing: _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 IN TESTIMONY WHEREOF, the Grantee hereto has signed this agreement this day of_,2019. GRANTEE: City of Lakeville BY: _ Its: ------------ AND _ Its: ------------ STATE OF MINNESOTA ) ) ss. COUNTY OF ) instrument was acknowledged before me this • Q(Q]9, by The foregoing , the --------------- , respectively, of the City ------------------ municipal corporation under the laws of Minnesota. day of and by and of Lakeville, a NOTARY PUBLIC THIS INSTRUMENT WAS DRA FTED BY: WINTHROP & W EINSTINE, P.A. Suite 3500 225 South Sixth Street Minneapolis, MN 55402 Telephone: 612-604-6400 Signature Page to Amendment to Grant Temporary Easement PURCHASER'S CONSENT & SUBORD INATION TO AMENDM ENT Summergate Development, LLC, a Minnesota limited liability company, which has agreed to purchase the property burdened by the foregoing Amendment to Grant of Temporary Easements, pursuant to an Agreement of Purchase and Sale with Grantors, dated January 3, 2018, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby join in, consent to, and subject and subordinate its interest in the burdened property to, the foregoing Amendment to Grant of Temporary Easements. Summergate Development, LLC STATE OF MINNESOTA COUNTY OF Dalo} c ) ) ss. ) l The foregoing instrument was acknowledged before me this // day of s.@00-414 ,20/,by CU'gteg Joi[sch lager the C of Summergate Developrfient, LLC, a Minnesota rrrv% SABINE C LESHER ~ \N'oiary Public ~ NOTARY PUBLIC - MINNESOTA i MY COMMISSION EXPIRES 01/31,/19 _as,rs/a sf9.A 06salsas.)Ax 4Ts.s40sa4saga4 s#s,fa)paps, EXHIBIT A TO GRA NT OF TEM PORA RY EASEM ENTS Legal Description of Tempora ry Easem ents A tem pora ry easem ent fo r drainage and utility purposes over, across, on, under, and through that part of Outlot A, AVONLEA 4TH ADDITION and that part of Northwest Quarter of Section 16, Township 114, Range 20, all in Dakota County, Minnesota, described as follows: Commencing at the northwest corner of said Northwest Quarter; thence North 89 degrees 54 minutes 05 seconds East, assumed bearing along the north line of said Northwest Quarter, a distance of 50.01 feet to the point of beginning; thence continuing North 89 degrees 54 minutes 05 seconds East, along said north line a distance of 20.06 feet; thence South 06 degrees 56 minutes 57 seconds West, a distance of 144.87 feet to the east line of the West 50.00 feet of said Northwest Quarter; thence North 01 degrees 00 minutes 25 seconds West, along said east line a distance of 143.80 feet to the point of beginn ing. Area: 1,442 sf or 0.03 ac AND A temporary drainage & utility easement lying over, under and across that part of the Northwest Quarter of Section 16, Township 114, Range 20, Dakota County, Minnesota, lying southerly and southwesterly of the following described line: Commencing at the southwest corner of said Northwest Quarter; thence North 01 degree 00 minutes 25 seconds West, assumed bearing along the west line of said Northwest Quarter, a distance of75.36 feet to the point of beginning of the line to be described; thence North 89 degrees 41 minutes 31 seconds East, a distance of 1851.15 feet; thence southeasterly along a tangential curve concave to the southwest, having a central angle of 07 degrees 04 minutes 43 seconds, a radius of 4658.65 feet for an arc distance of 575.54 feet; thence South 83 degrees 13 minutes 46 seconds East, tangent to said curve a distance of 195 .29 feet to the east line of said Northwest Quarter and said line there terminating. Area: 4.16 acres EXH IBIT "B" to GRANT OF TEMPORARY EASEMENTS Depiction of Temporary Easements ',, 4 \ ±J' N I < tpg \1 «Cc 5 s \ 3.,\ ;'I » 3AV 3 s " WE Faso7 f-.~· "T-c,- _ o Slit·· '2 'J ¥ Uy 1. 2 ' ' '} 'I s I I x ~ A Drain@gt & Utility Easement /yidg over, under and &cross {hat par! of utlot A, AVOLEA 4TH ADDITION ad that part of Northwest &uartar cf Section 16, owns#up 114, Ranga 29, cl# m Dakota Cur!y, Minnesota, described as folfaws 2cw2: 2t2: 22 #2.2 ? dstanss of 50.01 fget ta the point of begsnimg; thenco continuing North 89 dognes 54 minutes 5 ±ecands East, along said narth line a distance o! 20.06 feet; thence Sauth {6 d'egress 56 minutes 57 seconds West, a clistonce of 144.87 1get to thg east line of the West 50.0 feet of said Northwest Quarter; {hence Narth OT degrees SQ minute 25 seconds West. along said eost line s d/stance of 143.82 feet to the point of beginning. (the p#at of AV&EA 41# ADO5TON has rat yet ±can recorded) Aron. 1,442 sf ar 0.03 a¢ Jo0 or } 97% « Et., 4 ett s I A l I ' 1 n , I \ \ \ -y. line of ths NW 1/4 of Sec. 16 t 2 Ear»_ <3r r , 42L, / < Tr£} ¢ «y 4 yr PRge & Uilitr_ Easement: pee 6/21/218 Drainage &e Utility Easement Avonlea 4th Addition Floth, l(hwy# s±c, sC Zr 4 Z 4 & / f t.1A I } ff 212) 7 es!wop$ Pry?'#Ei06¢ '54rot9, Irg \ ,-'NW Car of the NW 1/4 of l/ j~c. 16, fap. 114, Rgc. 20 t \N8954'05"£ I / v--:tf- so.a; N B 9 °5 4 '0 5 "'£ &A '/E2===--- 20.06 r / - z { co sp 3 co o =B I3 [? o , ~~ s,-80 Fi - \ l , \ '--E. /ir,e o f th e Wes / r !· .. I 50.00 foci o( th ~ N W 1/4 ! of Sec. 16 I n ·1·1 ',, __ W line ot /he NW 1/4 I of Sac. 76 I! I J '--[. lin e o f th e West 353.00 =,-3350 {eet of the NV 1/4 of B ] \~1 I s! { : \' Mattamy Homes )21 Wuallpe 4er otl, $fie 2¢ &4t, ltd# $3 B-I Iett fr I- I Seo fllE fleet ii@etc. lelute Westwood _ ·pre ct, tr «'lo.lj7 #.8c goof,ala ua] fief fowls i -~ - - ".tiJ »E ; 1 3 \s {z>-- y 5 pf ¢ t A £yr <yr» + 1, 7. 2 E. line of {bee NW 1/4 of Sec. 71A£3 f yr 72 t , mc7 <crr» '1 sel.G, } Z 5 t J -rp -Proposed Drainage & {j Uuuty Easement r - } {A=704'43° 1 R=4658.65 575.54 zh2 Z S line of the NW 1/4 Gt Sec. - Proposed Dr&nage k& ' UtWity £osmcnt ( 4 s / 4 N8941'3t"E 7/4tr 'z:.r= A8I { Zr hune of the NW 1/4 el Sec. 16 €-7Dx.7 a«fw} {ye;f'wok&ta! Sar's6tan, $9e ,-6$W Car af the N# 1/4 of Se: 16, Tep 174, gs. 20 / } I F I ad 4 1 = I lt ' s s ! ~ ~ =L_- <hf-: so l sap= ; ; X ~ 2 L'29/24188 { E o .h is.at.al4] A1 4(R TA {Tti Art3Jr\yf rVOTLL/A ?I{T f\LJRZ' ; < r e \3 +u { i'ft'I-".) '1·1-17\ ·• r, h. "",pk "5 ¢ <J; A 7k NET <Cr 1 ¢ f Jt <2z, A 2 Fr (-t· 2 f F ty cg Sp < h 8o D 7 ] I I Drainage & Utility Easement: A cintdee & {/tdity Ecsewt&e ('i or; attder card car'ss tat prt of the #orthtwest kiarter of Sec&kw 16, Terst'ip }4, Karge 20, £rkeats C&arty, Knees@td, fyig ±out#arty xt sat/we3teriy of hie fhowing described lire orwtencig ct be ±ouftwest sorter of said Northwest Quarter; thence arth I deggree GO rinu49s 25 second's &est, assured bearing s&rig the st fie of said Northwest CEar&r, o distance o/ 75.55 teet to the point of taghiwing o/' the lire ta ts de&crded; thercs North 89 fegess 41 iuhss S1 seconds fost, a distance of T857.15 feet,' thence southeasterly ong < tangential carvis concd: {to the ±osathsst, having a sen&r'a} angte of G7 dagres 4 miiulsx KJ s87#f, g ratios af 4658.55 test fer i arc distavcs o? 575,54 feet; (hence South BJ degrees 15 mu&ss 46 seconds icsf, (tangmet to said curve a distoncs gr 155.3 feet te (tes &ost lire af said' #ort/west aarte and said lie (/ere teminatrg. Drainage &: Utility Easement Avonlea ~~ At&d: 4.16 d&res Mattamy Homes 'Y33 'opt M-war 'bot, Sise '3Al Ett, NIsle 33M 1-,-- gees; <7as¢, wsaa, " Westwood ·ptdttf Yte» fy 7y I? AA27 Kaw!wire # 440 6l pf'p» +tin, it rt-<7 ii@lip@iwe of fell orig lo B-2 16510302v2