HomeMy WebLinkAboutItem 06.dLa�kevi`(!e
March 8, 2010
Item No.
MARCH 15, 2010 CITY COUNCIL AGENDA ITEM
APPROVE TEMPORARY RIGHT OF ENTRY AGREEMENT
WITH THE METROPOLITAN AIRPORTS COMMISSION
AND METROPOLITAN COUNCIL
Elko -New Market Interceptor Sewer
City Improvement Project 06-16
Proposed Action
Staff recommends approval of the attached Temporary Right of Entry Agreement
between the Metropolitan Airports Commission, the Metropolitan Council, and the City
of Lakeville, pertaining to the Elko -New Market Interceptor Sewer, City Improvement
Project 06-16.
Overview
To accommodate the Elko -New Market interceptor through the City, the Met Council
must relocate existing watermain and has requested a temporary right of entry for
construction of the new watermain through property owned by the Metropolitan Airports
Commission (MAC) at Airlake Airport. Attached is a Right of Entry Agreement with
MAC pertaining to the construction of the watermain along the south side 220th Street
between Hamburg and Grenada Avenues lying in Eureka Township. The City of
Lakeville has continually maintained this roadway and has prescriptive rights over it.
The Met Council will be responsible for all construction and restoration costs associated
with the new watermain, including reconstruction of the roadway. A permanent
easement for utility, drainage and roadway purposes will be granted by MAC to the City.
Ownership of the watermain will eventually be turned over to the City and, in
accordance with the permanent easement, the City will operate and maintain the
watermain. The interceptor system will convey flow from Elko/New Market to the
existing MCES interceptor in southeastern Lakeville. This interceptor sewer will provide
service to portions of the Industrial Park and will phase out an existing lift station located
at Grenada/220th Street.
Primary Issues to Consider
None.
Supporting Information
• i Tempor ry Ri ht f Entry Agreement
Keith H. Nelson
City Engineer
Financial Impact: $172,920 Budgeted: Yes Source: Sanitary Sewer Trunk Fund
Related Documents (CIP, ERP, etc.):
Notes:
it Metropolitan Council
January 6, 2010
Patrick Mosites
METROPOLITAN AIRPORTS COMMISSION
6040 28th Avenue South
Minneapolis, MN 55450
RE: Offer Letter for Permanent Public Right -Of -Way, Drainage & Utility Purposes
Elko -New Market Interceptor, MCES Project 801610
Dakota County Parcel ID No. 22-00410-010-30
Parcel 23F (MAC)
Dear Mr. Mosites:
Based on the appraisal report prepared by Lake State Realty Services, Inc., appraiser for the above -
referenced project, the Metropolitan Council hereby makes the following Offer of $30,200.00 based upon the
following calculations:
Parcel 23F: 45,717 sq. ft. Permanent Easement for Public Right of Way, l
Drainage & Utility Purposes at an appraised value of $1.00 per square foot: $ 45,717.00 -- 1
Less previously paid temporary easement value over same easement area: $ 15,543.00
TOTAL OFFER: $ 30,174.00
ROUNDED TO: $ 30,200.00
The above Permanent Easement is to be ultimately granted to the City of Lakeville. In the interim
construction period, Met Council and City of Lakeville will enter into a Temporary Right of Entry Agreement with
the Metropolitan Airports Commission which will allow Met Council to install a watermain for the City of
Lakeville within the easement. Met Council will restore the surface of the easement area to the condition in which
it now exists. The Temporary Right of Entry Agreement also allows the City of Lakeville to operate and maintain
the watermain until the Permanent Easement is granted by MAC to the City of Lakeville.
Attached for your review is the draft Temporary Right of Entry and the Permanent Easement requested by
the City of Lakeville.
Please indicate your acceptance or non-acceptance below:
Accept: X) Date: Z J Do Not Accept. Date:
METROPOLITAN AIRPORTS COMMISSION
t• ' . � �� I L v .l . �' � � W
Thomas, weaver
Regional Administrator
Attachment
www.metrocouncil.org
390 Robert Street North • St. Paul, MN 55101-1805 • (651) 602-1000 • Fax (651) 602-1550 • TTY (651) 291-0904
An Equal Opportunity Employer
TEMPORARY RIGHT OF ENTRY AGREEMENT
METROPOLITAN AIRPORTS COMMISSION
AIRLAKE AIRPORT
This Temporary Right of Entry is granted this day of , 2010, by the
METROPOLITAN AIRPORTS COMMISSION, a public corporation organized and operated
pursuant to the laws of the State of Minnesota, ("Grantor"), to the METROPOLITAN
COUNCIL, a public corporation and political subdivision of the State of Minnesota, Grantee
("Grantee Council") and the CITY OF LAKEVILLE, a municipal corporation of the State of
Minnesota, Grantee, ("Grantee City") , in accordance with the conditions herein described.
(1) Recitals.
WHEREAS, Grantor is the owner of a certain tract of land located within Eureka
Township, County of Dakota, State of Minnesota, at the Airlake Airport ("Property"),
graphically shown in the attached Exhibit A;
WHEREAS, Grantee Council proposes to install a new watermain for the City of
Lakeville across a portion of the Property,
WHEREAS, Grantee Council wants construction of the watermain to begin as soon as
possible, and,
WHEREAS, upon completion of construction of the watermain, Grantee City will be the
owner of the watermain and will thenceforth operate and maintain the watermain,
WHEREAS, Grantee Council has requested, and Grantor has agreed, to grant a
temporary right of entry ("Temporary Right of Entry") over and across portions of the Property
for the installation of this watermain. The area in which this Temporary Right of Entry is
allowed shall be as directed by the Grantor and is generally shown on Exhibit B and described in
Exhibit C; and,
WHEREAS, the Grantee City acknowledges and accepts the risk that the Federal
Aviation Administration ("FAA") may refuse to approve a permanent easement and that, based
on the FAA's refusal, Grantee City will have to remove the watermain and restore Grantor's
Property at Grantee City's cost; and
WHEREAS, the area of permanent easement for utility, drainage, and roadway purposes
will be transferred under a separate easement agreement between the Grantor and Grantee City, a
draft of which is attached as Exhibit D;
WHEREAS, the Grantee Council has agreed, to pay fair market value for temporary use
of Property and the permanent easement along with certain encroachment rights that the Grantee
City will issue to the Grantor in the permanent easement; and
WHEREAS, future development plans for Airlake Airport may expand infrastructure
across the proposed watermain alignment and in the unlikely event that relocation is required, it
shall be at Grantee City's sole cost.
WHEREAS, the Grantor has determined that the authorized uses under this Temporary
Right of Entry would not interfere with the operations at Airlake Airport.
NOW, THEREFORE, for and in consideration of payment by Grantee Council in the
amount of $30,200.00 and for other good and valuable consideration, the receipt of which is
acknowledged, Grantor hereby grants and conveys this Temporary Right of Entry to the Grantee
Council for the purposes of allowing the proposed work to occur. The requirements and
conditions for granting this Temporary Right of Entry are stated herein.
(2) Reimbursement and Term.
(a) Grantor hereby issues to the Grantee this Temporary Right of Entry allowing the
Grantee Council, and its employees, agents, and contractors the Temporary Right of Entry upon
a certain portion of the Property to perform grading, install a 12 inch watermain, and complete
restoration to like condition within the right of entry area all on the terms and conditions
hereinafter set forth.
(b) The portion of the Property over which this Temporary Right of Entry is granted is
described and graphically shown on Exhibits A, B and C. The Temporary Right of Entry Area
contains approximately 45,717 square feet, or 1.050 acres.
(c) This Temporary Right of Entry is granted in exchange for a payment by the
Grantee Council of $30,200.00 prior to execution of a permanent easement for utility, drainage,
and roadway purposes. The total amount of consideration for the permanent easement, the terms
of which are contained in Exhibit D, to be paid by Grantee City is One Dollar ($1.00). Grantor
shall convey the permanent easement to the Grantee City promptly upon receipt of approval from
the FAA.
(d) This Temporary Right of Entry is granted for no other purpose than for
performing construction activities by Grantee Council including, but not limited to, surveying,
staking, operation of construction equipment for grading work, pipe installation, and restoration
of all disturbed areas and for operation and maintenance by Grantee City of its watermain shown
on Exhibit A attached hereto. Installation of other utilities of any kind on this property is
prohibited.
(e) The Temporary Right of Entry shall expire on December 31, 2010. If FAA approval
has not been obtained by December 31, 2010 but is still under consideration, Grantee City's
watermain may remain within the Temporary Right of Entry area as shown on Exhibits B and C,
and Grantee City may continue to enter onto the Temporary Right of Entry area for purposes of
maintenance and operation of the watermain; provided, however, that prior to such entry Grantee
City will provide notification to Grantor of such entry.
(f) The requested permanent easement for utility, drainage, and roadway purposes which
includes the watermain pipe and restored roadway on the Property requires approval by the FAA.
This Temporary Right of Entry is issued prior to the receipt of that approval as requested by the
Grantee Council to allow construction of the watermain within the year 2010. If the FAA does
not ultimately approve the granting of a land release/concurrent use request, the Grantee City
shall remove, at the Grantee's sole cost, the installed watermain pipe from the Property and
restore the property to its pre-existing condition to the extent required by the FAA. This
requirement shall survive the expiration of this Temporary Right of Entry document.
(3) Temporary Right of Entry.
(a) As between Grantor and Grantee Council, all costs associated with construction of
the watermain shall be borne by the Grantee Council. As between Grantor and Grantee City, all
costs associated with operation and maintenance of the water main after completion of
construction shall be borne by Grantee City.
(b) Grantee Council shall be responsible for obtaining all necessary construction permits
from the City of Lakeville, Eureka Township and any other applicable agencies prior to starting
any construction. Grantee Council shall supply Grantor with copies of all permits if requested by
Grantor. Grantee Council shall also apply for and receive a Determination of No Hazard from
the FAA as part of a Construction or Alteration Notification (Form 7460) with a copy of the
approval provided to the Grantor before construction starts.
(c) The Grantee Council agrees to notify Grantor at least forty-eight (48) hours prior to
entering Grantor's property for any preliminary work, start of construction, and completion of
construction. Notification shall be made to Greg Fries, Airport Manager, at 612-919-4400.
(d) If necessary, Grantee Council shall erect and maintain at all times security gates at
any airport entrance used for the construction. The gates shall be closed and locked during
periods when no work is occurring and specifically from 7:00 p.m. to 7:00 a.m. Gates shall also
remain closed and locked during Saturdays, Sundays and holidays. As of the date of this
Agreement, there is no fence, and therefore no need for any gate to be erected or maintained by
Grantee Council, at any airport entrance to be used for construction by Grantee Council pursuant
to the terms of this Agreement.
(e) It shall be Grantee Council's responsibility to remove excess soil, trees, and remains
from tree removals and all tree stumps from Grantor's Property resulting from Grantee Council's
construction operations. Grantee Council shall be responsible for removal or disposal required
by federal, state, or local law of any hazardous materials encountered in the easement area as a
result of Grantee Council's construction activities herein. No mining of Grantor's Property will
be allowed.
(f) The Grantee Council agrees to oversee the construction and restoration of the work
allowed by this Temporary Right of Entry to assure that all work is completed in accordance
with the plans and to ensure that the final grades and contours shall extend and tie -off to match
existing grades. Final slopes shall not exceed 3:1 in the Temporary Right of Entry areas.
(g) Grantee Council shall minimize and control dust at all times within the Temporary
Right of Entry area.
(h) Grantee Council shall not store equipment or materials at any time in the Runway
Safety Area of the Temporary Right of Entry area or as directed by the Airport Manager, or
within the Temporary Right of Entry area upon completion of the work.
(i) During construction of the watermain, Grantee Council agrees to maintain the land
under this Temporary Right of Entry and all improvements thereon in a neat and clean condition
and in good repair, keeping the Grantor's Property area free from debris and erosion. The
Grantee Council shall not suffer or permit any waste or nuisance on the Property and shall allow
no illegal acts or conduct thereon or such as will constitute a nuisance. Upon completion of
construction of the watermain, the obligations of this Section 3(i) shall become the obligations of
the Grantee City.
0) The Grantee Council agrees that maintenance of the disturbed areas will continue
until Grantor, in its sole and absolute discretion, determines that the Temporary Right of Entry
areas have been fully re -seeded and restored to its prior condition and erosion is no longer a
concern. Material lost due to erosion shall be replaced and the area regraded to maintain the
design slope. Slopes greater than 3:1 will not be allowed within the Temporary Right of Entry
areas.
(k) The rights, conditions and provisions of this Temporary Right of Entry shall inure to
the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of
the Grantee Council and Grantee City for whom this Temporary Right of Entry is being
provided. Any transferee of Grantor's Property shall be subject to this Temporary Right of
Entry, and shall assume and be responsible for the duties and obligations herein.
(1) Grantor's Property shall at all times be subject to regulations and restrictions imposed
by the FAA that might interfere with safe operations at the Airlake Airport and Grantor may
require the removal or modification of any above ground object or structure upon the Grantor's
Property if Grantor believes that said object or structure violates applicable FAA regulations or
interferes with the safe operation of the Airlake Airport.
(4) Insurance.
Grantee Council, during construction of the watermain and Grantee City, upon
completion of construction of the watermain, and Grantor shall (i) either maintain insurance, a
standard term policy or policies of insurance in amounts hereinafter set out against public
liability and property damage, including advertising and products liability, or (ii) provide self-
insurance of equivalent protection. Such policy or policies shall be in the amount of statutory
limits provided by Minn. Stat. § 466.04, or as such statute may be amended or modified from
time to time, which currently requires one million two hundred thousand dollars ($1,200,000) per
accident or occurrence or four hundred thousand dollars ($400,000) per person. Such policy or
policies shall provide for a minimum of ten (10) days written notice of cancellation. Upon
completion of construction of the watermain, Grantee Council will have no obligation to
maintain the insurance required above in this Section 4.
During construction of the watermain, Grantee Council shall require its contractors
performing construction work related to this Agreement to purchase from and maintain in a
company or companies lawfully authorized to do business in the jurisdiction in which the Project
is located insurance set forth below, providing protection from claims which may arise out of or
result from the contractor's operations under this Agreement and for which contractor may be
legally liable, whether such operations be by the contractor or by a subcontractor or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts any of them may be
liable:
(a) General Liability and Umbrella Insurance
i. Grantee Council's Contractor shall maintain commercial general liability
(CGL) on an occurrence form and, if necessary, commercial umbrella insurance with a
limit of not less than $2,000,000 each occurrence and a general aggregate limit of not less
than $4,000,000. The general aggregate limit shall apply separately to this project.
ii. CGL insurance shall be written on ISO occurrence form CG 00 01 12 04
(or a substitute form providing equivalent coverage) and shall cover liability arising from
premises, operations, independent contractors, products -completed operations, personal
injury, advertising injury, contractual liability and Explosion, Collapse, Underground
(XCU).
iii. Grantee Council, its Architect/Engineer, its officers, agents and
employees, as well as the Grantor, its Commissioners, officers and employees, shall be
included as an additional insured under the CGL for ongoing and completed operations,
by endorsement (ISO Forms CG 20 10 07 04 and CG 20 37 07 04 or their equivalent) and
under the commercial umbrella, if any. This insurance shall be primary and non-
contributory by endorsement with respect to any other insurance or self-insurance
programs afforded to Grantee Council and any insurance or self-insurance afforded to
Grantor. There shall be no endorsement or modification of the CGL to make it excess
over other available insurance.
(b) Automobile and Umbrella Liability Insurance
i. The Grantee Council's Contractor shall maintain Business Auto Coverage,
ISO form CA 00 01 (1990 or later edition) and, if necessary, commercial umbrella
liability insurance, with a limit of not less than $2,000,000 each accident.
ii. Policy shall provide coverage for, without limitation, physical damage
(comprehensive and collision), Liability, PIP, and UM/UIM with statutory limits, for any
vehicle (including owned, hired, and non -owned).
iii. The Grantee Council, officers, agents and employees, as well as the
Grantor, its Commissioners, officers and employees, shall be included as an additional
insured by endorsement, ISO Form CA 20 48 02 99 or equivalent.
(c) Workers' Compensation and Employers Liability
i. Workers' Compensation pursuant to Statute and shall contain a waiver or
subrogation against the Grantor by endorsement.
ii. Employers Liability with limits not less than $1,000,000 each accident for
bodily injury by accident, $1,000,000 each employee for bodily injury by disease,
$1,000,000 policy limit for bodily injury by disease.
(d) Contractor Pollution Liability
Contractor's Pollution Liability - $2,000,000 per occurrence or per claim written on an
occurrence basis. Covered damages should include bodily injury, property damage,
environmental damage, loss of use of property, governmental ordered cleanup costs, completed
operations and defense including costs, charges and expenses incurred in the investigation,
adjustment or defense of claims for damages. The policy or policies shall not contain dust
exclusion. Coverage shall also be provided for transport of waste and non -owned disposal sites,
if contractor is disposing of waste. Contractual liability shall be included. Grantee Council, and
their officers and employees, as well as the Grantor, its Commissioners, officers and employees,
shall be named as Additional Insured by endorsement for ongoing and completed operations and
a waiver of subrogation by endorsement will be provided in favor of the Grantee Council and
Grantor.
(e) Other Insurance Provisions
i. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or non -renewed, except after thirty days' prior written
notice, has been given at the following addresses:
Metropolitan Council
Attn: Risk Management
390 N. Robert St.
Saint Paul, MN 55101
Metropolitan Airports Commission
Attn: Insurance Risk Management
6040 28th Avenue South
Minneapolis, MN 55450
City of Lakeville
City Engineer
20195 Holyoke Avenue
Lakeville, MN 55044
ii. In addition to notifying its insurer(s) in accordance with the policy,
contractor shall provide prompt written notice (to the address above) as soon as
reasonably possible of any accident or loss relating to work performed on behalf of the
Grantee Council. Grantee Council shall notify the Grantor for the same.
iii. Each policy shall be endorsed to state that the insurer agrees to waive all
rights of subrogation against the Grantee Council and Grantor, its members, agents and
employees, for losses arising out of the performance of this Agreement.
iv. Insurance is to be placed with insurers with Best's rating of no less than
A: VII.
V. The Grantee Council's Contractor shall furnish the Grantor with
certificates of insurance and with copies of endorsements evidencing coverage required
by this article. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All
certificates and endorsements are to be received and approved by the Grantor before
work commences. Grantor is not obligated to review certificates or other evidence of
insurance, or to advise the consultant of any deficiencies in such documents, and receipt
thereof will not relieve the consultant from, nor be deemed a waiver of the Grantor's right
to enforce, the terms of the consultant's obligations hereunder. The Grantor will have the
right to examine any policy required by this Agreement.
(5) Compliance with Laws.
Grantee Council during construction of the watermain and Grantee City upon completion
of the watermain, shall comply with all laws, ordinances, rules and regulations of the United
States of America, the State of Minnesota, or of agencies, departments or divisions of (including
but not limited to the Department of Health, Pollution Control Agency, Watershed Districts,
etc.), the City of Lakeville, Eureka Township or of the Grantor relating to the lands under this
Temporary Right of Entry and the use thereof or relating to control of ground and air traffic,
aircraft operations and the general use and operation of the Airport; and the Grantee Council,
during construction of the watermain and Grantee City upon completion of construction of the
watermain shall see to the payment of any and all taxes, assessments, fees or other charges that
may be legally levied, assessed or made during the term of this Temporary Right of Entry or any
extension thereof by reason of the uses hereby permitted of the lands. Grantee Council and
Grantee City, as applicable, shall provide evidence of compliance with such laws to the Grantor
upon request of the Grantor.
(6) Operations at Airlake Airport.
(a) Height and Lighting. Grantor Council, during construction of the watermain and
Grantee City, upon completion of construction of the watermain expressly agree, as do their
successors and assigns, to restrict the height of structures, objects of natural growth, and other
objects on the herein described real property to a height that will not constitute an obstruction as
determined by the standards in Federal Aviation Regulation, Part 77. Further, the Grantee
Council during construction of the watermain, and Grantee City upon completion of construction
of the watermain, agree that no lights will be permitted or installed on the Grantor's Property,
including construction flood lights, without prior approval from the Grantor and the FAA so that
verification can be made that the lighting will have no detrimental effect on control tower
operations or otherwise affect night operations.
(b) Flight of Aircraft.
(i) Grantee Council, during construction of the watermain and Grantee City,
upon completion of construction of the watermain, expressly agree as do their successors
and assigns, to prevent any use of the herein -described real property which would
interfere with or be a hazard to the flight of aircraft over the property or to and from the
Airlake Airport or interfere with air navigation and communication facilities presently or
in the future serving the Airlake Airport.
(ii) Use of Grantor's Property hereunder and improvements made in
furtherance of such use shall at all times comply with clearance requirements under FAA
regulations and state zoning requirements.
(7) Environmental Responsibilities.
During construction of the watermain Grantee Council, and subsequent to construction
Grantee City shall be responsible for and shall indemnify, defend and hold harmless Grantor
against any environmental costs associated with Grantor's Property, which arise out of or were
caused by Grantee Council's or Grantee's City's, as applicable, actions, inactions, or activities
related to the Grantor's Property during the term of this Temporary Right of Entry, including but
not limited to liabilities, fines, damages, injuries, response costs or claims and attorney fees.
Grantee Council's and Grantee City's grant of indemnity contained within this Section shall be
limited to the liability limits as provided in Minnesota Statutes, chapter 466 and shall survive the
termination of this Temporary Right of Entry.
(8) Grantor's Right Of Entry.
Grantor shall at all times and through its agents and employees or contractors have a right
of entry upon the lands under this Temporary Right of Entry, as may be necessary in the
development, maintenance, operation of the Airlake Airport. Further, Grantor reserves the right
to install and maintain under the lands under this Temporary Right of Entry such utility lines,
conduits, pipes, pavements, ditches and facilities as may be necessary to the development of
Airlake Airport, provided Grantor shall at its cost and expense, repair any damages and restore
any portion of the Grantor's Property damaged by reason of such installation and maintenance.
However, if Grantee Council during construction of the watermain or Grantee City upon
completion of construction of the watermain causes the need for such repair, construction,
installation, or maintenance, the Grantee Council shall pay to repair or restore any part of the
Grantor's Property.
(9) Without Prejudice.
It is understood that the granting of this Temporary Right of Entry and use of the
Grantor's Property is conditioned upon and shall be without prejudice to the rights of the Grantor
as owner and operator of the aforesaid public Airport of which the subject Grantor's Property
constitute a part. This Agreement is conditioned upon and shall be without prejudice to the right
of Grantee City under Minn. Stat. § 160.05 to occupy and maintain the existing road and to
install utilities. Any requirement or condition imposed upon Grantee City to the contrary in this
Agreement is null and void.
(10) Civil Rights.
Grantee Council during construction of the watermain and Grantee City, upon completion
of construction of the watermain, assure that they will comply with pertinent statutes, Executive
Orders and such rules as are promulgated to assure that no person shall, on the grounds of race,
creed, color, national origin, sex, age, or handicap be excluded from participating in any activity
conducted with or benefiting from federal assistance. This Provision obligates the Grantee
Council and Grantee City or its transferee for the period during which federal assistance is
extended to the airport program, except where federal assistance is to provide, or is in the form
of personal property or real property or interest therein or structure or improvements thereon. In
these' cases, the Provision obligates the party or any transferee for the longer of the following
periods: (a) the period during which the property is used by the sponsor or any transferee for the
purpose for which federal assistance is extended, or for another purpose involving the provision
of similar services or benefits; or (b) the period during which the airport sponsor or any
transferee retains ownership or possession of the property.
(11) Affirmative Action and Nondiscrimination.
In accordance with Grantor's Affirmative Action Policies, no person shall illegally be
excluded from full-time employment rights in, be denied the benefits of, or be otherwise
subjected to discrimination in the project which is the subject of this permit on the basis of race,
creed, color, sex, marital status, public assistance status, age, disability, or national origin. The
Affirmative Action Policy as may be amended from time to time shall be applicable to this
temporary Right of Entry.
(12) Indemnification.
Subject to the liability limits set forth in Minnesota Statutes, chapter 466, Grantee
Council during the construction of the watermain and Grantee City, upon completion of
construction of the watermain, and any transferee identified in paragraph 3(l) above, agree to
indemnify, hold harmless and defend Grantor, its Commissioners, officers, directors, agents, and
employees, from any claims, losses, costs, expenses, or damages resulting from the acts or
omissions of Grantee Council's or Grantee City's as applicable, (or transferee's) officers, agents,
employees, contractors or subcontractors arising from Grantee Council's or Grantee City's, as
applicable, rights and responsibilities under this Temporary Right of Entry.
IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on
the dates written below:
GRANTOR
METROPOLITAN AIRPORTS COMMISSION
A.0— __J
By: "M 1%
ts: LAcutive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledg d before me
r , 2010, by e ,
the M RO OLITAN AIRPORTS COM IS IO a public co
subdivisi the State of Minnesota, on i . V 7
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IftV&W LE" RM
Nolry �oi�
„y0�.,uM�d, 11.f01.
this Jk- day of
Executive Director of
5rati nod political
Approved as to form:
Jeanne K. Matross
Office of General Counsel
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
GRANTEE
METROPOLITAN COUNCIL
Its: Regional Administrator
The foregoing instrument was acknowledged before me this day of
, 2010, by Thomas Weaver, Regional Administrator of the
METROPOLITAN COUNCIL, a public corporation and political subdivision of the State of
Minnesota, on its behalf.
Reco mended for Ap oval:
Keith q. Nelson, City Engineer
Approved as to Form:
Roger Knutson, City Attorney
STATE OF MINNESOTA )
ss.
COUNTY OF DAKOTA )
Notary Public
GRANTEE
CITY OF LAKEVILLE
By:
Holly Dahl, Mayor
By:
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2010, by Holly Dahl, Mayor and Charlene Friedges, City Clerk,
of the CITY OF LAKEVILLE, a municipality of the State of Minnesota, on its behalf.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Jeanne K. Matross
Associate General Counsel
License No. 68615
Metropolitan Council
390 Robert Street North
St. Paul, MN 55101
EXHIBIT A
GRAPHIC Showing Right -Of -Entry in Relation to Entire Airport
EXHIBIT B
Temporary Right of Entry Area Sketch
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DESCRIPTION:
PERPETUAL EASEMENT
A perpetual easement for utlily, drainage and Medway purposes over, under, across and
through the North 35.0 feet of the NoAt west Quarter of the Northeast Ouaner of Section
4, Township 113 North. Range 20 West Dakdo County. bMnnmdro.
Together wah a perpetual easement ferulRly, drahm se end Medway purposes over,
under, across and through the North 33.0 fact of the Wert 33.0 %at of the Nonhesct
Quarts of the Northeast Quarter of adld Sadbn 4,
Togetharwhh a perpetual easement for uUlty, drainage and roadway purposes over,
under, across and through the North 33.0 feet of the East 33.0 feet of the Northwest
Quarts of sold Seclon 4.
I Containing 45,717 sq. ti or 1.050 acres of IoM, mm ar fees.
Note: Modified from exhibit otiglealty Prepared by Bonosboo.
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Fee Owner: METRO AIRPORT COMMISSION
Total Area of Perpetual Easomenl = 46.717 sq. ft. or 1.050 Asea
---LEGEND:
0 200 400
GRAPHIC SCALE IN FEET
EXHIBIT B
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DESCRIPTION:
EXHIBIT C
LEGAL DESCRIPTION
PERPETUAL EASEMENT
A perpetual easement for utility, drainage and roadway purposes over, under, across and through the
North 33.0 feet of the Northwest Quarter of the Northeast Quarter of Section 4, Township 113
North, Range 20 West, Dakota County, Minnesota.
Together with a perpetual easement for utility, drainage and roadway purposes over, under across
and through the North 33.0 feet of the West 33.0 feet of the Northeast Quarter of ther Northeast
Quarter of said Section 4
Together with a perpetual easement for utility, drainage and roadway purposes over, under, across
and through the North 33.0 feet of the East 33.0 feet of the Northwest Quarter of said Section 4.
Containing 45,717 sq. ft. or 1,050 acres of land, more or less.
Note: Modified from exhibit originally prepared by Bonestroo.
GRANT OF PERMANENT EASEMENT
FOR PUBLIC RIGHT-OF-WAY, DRAINAGE AND UTILITY PURPOSES
Metropolitan Airports Commission, a Public Corporation, hereinafter referred to as
"Grantor", in consideration of One Dollar ($1.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
LAKEVILLE, a municipal corporation organized under the laws of the State of Minnesota, the
Grantee, hereinafter referred to as the "City," its successors and assigns, forever, a permanent
easements for public right-of-way, drainage and utility purposes over, across, on, under, and
through land situated within the County of Dakota, State of Minnesota, as described on the
attached Exhibit "A".
INCLUDING, the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, and
maintain said public right-of-way, drainage and utility systems over, across, on, under, and
through the easement premises, together with the right to grade, level, fill, drain, pave, and
excavate the easement premises, and the further right to remove trees, bushes, undergrowth, and
EXHIBIT D
other obstructions interfering with the location, construction, and maintenance of said public
right-of-way, drainage and utility systems.
The above named Grantors, their successors and assigns, do covenant with the City, its
successors and assigns, that they are well seized in fee title of the above described easement
premises; that they have the sole right to grant and convey the easements to the City; that there
are no unrecorded interests in the easement premises; and that they will indemnify and hold the
City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement
document this day of , 2010.
GRANTOR:
METROPOLITAN AIRPORT COMMISSION
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 2010, by , of
the METROPOLITAN AIRPORTS COMMISSION, a public corporation, on its behalf.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
SRF Consulting Group, Inc.
One Carlson Parkway North, Suite 150
Minneapolis, MN 55447-4443
Telephone: 763-475-0010
K:\ROW\Right of Way Files\5870 Elko New Market MCES\090825_GRANT OF PERMANENT EASEMENT_RW.docx
EXHIBIT D