HomeMy WebLinkAboutItem 06.q Date: August 5, 2019 Item No.
JOINT POWERS AGREEMENT WITH METROPOLITAN AIRPORTS COMMISSION
FOR INSTALLATION OF PUBLIC UTILITIES
Proposed Action
Staff recommends adoption of the following motion: Move to approve Joint Powers Agreement
with Metropolitan Airports Commission for the construction of public sanitary sewer and
watermain at Airlake Airport.
Overview
The Metropolitan Airports Commission (MAC), in partnership with the City of Lakeville, have
planned for the installation and extension of public sanitary sewer and watermain facilities to
provide utility service to the South Building Area expansion (South Airfield Hangar
Development) at Airlake Airport. The South Building Area expansion project is located within
the property described as the “South Runway area” – MAC property previously located in Eureka
Township that was part of the 118-acre annexation approved by the City Council in January
2018. The utility construction is scheduled to be completed in 2019. The Joint Powers Agreement
establishes City and MAC project responsibilities and cost participation.
Primary Issues to Consider
• What is the project financing? MAC is the lead agency for design and construction of the
public utilities and is responsible for all costs associated with the project. The City’s
Public Works Department will supplement MAC’s consulting engineer in overseeing the
construction inspection, engineering administration and testing of the public utilities.
MAC will reimburse the City for expenses incurred for these services.
Supporting Information
• Joint Powers Agreement
Financial Impact: $0 Budgeted: Y☐ N☐ Source: N/A
Related Documents:
Envision Lakeville Community Values: Diversified Economic Development
Report Completed by: Alex Jordan, Assistant City Engineer
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JOINT POWERS AGREEMENT
BETWEEN THE CITY OF LAKEVILLE AND THE
METROPOLITAN AIRPORTS COMMISSION FOR
INSTALLATION OF PUBLIC UTILITIES
THIS AGREEMENT is entered into between the CITY OF LAKEVILLE, a Minnesota
municipal corporation (hereinafter referred to as "City") and the METROPOLITAN AIRPORTS
COMMISSION, a public corporation of the State of Minnesota (hereinafter referred to as "MAC”).
WHEREAS, under Minnesota Statutes 473.601 – 473.679, MAC owns and operates
property in the City legally described in Exhibit A attached hereto (“Property”) on which it operates
Airlake Airport, hereinafter referred to as the “Airport”; and
WHEREAS, the MAC desires to have municipal sewer and water service extended to serve
hangars located at Airlake Airport; and
WHEREAS, the City has agreed to provide municipal sewer and water service provided
that MAC installs the public utilities at MAC’s cost and in accordance with the terms of this
Agreement; and
WHEREAS, Short Elliot Hendrickson, Inc. (SEH) has prepared plans and specifications for
the extension of the proposed utilities to the Airport, as shows on the 2019 South Building Area
Development – Phase 1 Plans dated March 18, 2019, (“Plans”) for MAC Contract No. 113-1-024
and 113-1-023, which shall hereinafter be referred to as the “Project”, which include 8” inch
sanitary sewer main, 8” watermain and a stormwater management basin; and
WHEREAS, Minn. Stat. § 471.59 authorizes two or more political subdivisions of the state
to enter into agreements to jointly or cooperatively exercise any power common to the contracting
parties or any similar power.
NOW, THEREFORE, in consideration of their mutual covenants the parties agree as
follows:
1. PURPOSE. The parties have joined together for the purpose of memorializing the
terms and conditions relating to the construction of the Project, the payment of costs associated
with the Project and the granting of the temporary and permanent easements and other matters
with respect to the Project.
2. PROJECT RESPONSIBILITIES.
A. MAC will advertise for bids for the construction of the Project in accordance with
Minnesota Law.
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B. The City will supplement staff to assist Short Elliott Hendrickson, Inc. (SEH) in
overseeing the construction inspection and engineering administration, and testing of the public
utilities included in the Project.
C. MAC shall prepare contract documents and enter into a contract with the
approved bidder for the Project work consistent with approved Plans.
D. All work on the Project shall be in conformance to the approved Plans and
Specifications.
3. COST. MAC will be responsible for all costs associated with the Project,
including City construction observation, surveying, record drawings and city legal expenses. In
addition, MAC shall pay a cash fee to the City for in-house engineering administration in the
amount of $12,815.02 prior to starting construction. City engineering administration will include
monitoring of construction observation, consultation with MAC and its engineer on status or
problems regarding the Project, coordination for final inspection and acceptance, Project
monitoring during the warranty period, and processing of requests for reduction in security. Fees
for this service are calculated based on three percent (3%) of construction costs (.03 x $427,167.50
= $12,815.02).
4. OWNERSHIP AND EASEMENTS.
A. Sewer and Water Utilities. MAC will provide permanent drainage and utility
easements for the public improvements to be located on the Property in the form attached hereto
as Exhibit B. MAC will also provide a Permanent Access Easement for access to the public
utilities on Airport property in the form attached hereto as Exhibit C. The easements identified
in this Section 4.A. will be provided at no cost to the City.
B. Stormwater Management Basin. A stormwater management basin is required as
part of the Project. MAC will own the stormwater management basin and will maintain, inspect
and provide reports in accordance with federal, state, and local regulations.
5. PAYMENT. MAC will act as the paying agent for all payments to Contractors
and consulting engineers on the Project. Payments will be made as the Project work progresses
and when certified by the MAC. MAC shall reimburse the City for City costs identified under
Paragraph 3 within 30 days from the presentation of the claim. If any portion of an itemized
claim is questioned by MAC, the remainder of the claim shall be promptly paid, and
accompanied by a written explanation of the amounts in question. Payment of any amounts in
dispute will be made following good faith negotiation and documentation of actual costs incurred
in carrying out the work.
6. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any
changes to the Plans must be approved by MAC and the City prior to execution of work.
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7. INSURANCE.
A. MAC shall either (i) maintain insurance, standard term policy or policies of
insurance, in amounts as 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 limitation provided by
Minn. Stat. Section 466.04 or as such statute may be amended or modified from time to time.
B. The contract for the work on the Project shall require the following minimum
amounts of insurance from each contractor, agent or vendor on the Project prior to start of the
Project:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
The Contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required for the Project must be (i) taken out by and maintained
with responsible insurance companies organized under the laws of one of the states of the United
States and qualified to do business in the State of Minnesota, (ii) shall name the City, its
employees and agents as additional insureds (CGL and umbrella only) by endorsement which
shall be filed with the City. A copy of the endorsement must be submitted with the
certificate of insurance.
A certificate of insurance showing proof of the required insurance required under this Paragraph
must be provided to the City prior to the start of the Project and shall contain a provision that
coverage afforded under the policies shall not be cancelled without at least thirty (30) days’
advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. The
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required insurance must be maintained until six (6) months after the City has accepted the public
improvements.
An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s
policy limits on a follow-form basis to satisfy the full policy limits required by this Contract.
8. COOPERATION. The Parties agree to cooperate and use their reasonable
efforts to ensure prompt implementation of the various provisions of this Agreement and to, in
good faith, undertake resolution of any disputes in an equitable and timely manner.
9. ENVIRONMENTAL RESPONSIBILITIES. Subject to the limitation of
liability in Min. Stat. section 466.04, MAC shall be responsible for and shall indemnify, defend
and hold harmless the City against any environmental liabilities, fines, damages, injuries,
response costs or claims and attorney fees, and which arise out of or were caused by MAC’s or
MAC’s employees’ or agents’ actions, inactions or activities related to the Project or Property
during the term of this Agreement. The provisions of this Section shall survive the termination
of this Agreement.
10. INDEMNIFICATION. MAC agrees to defend, indemnify, and hold harmless
the City against any and all claims, liability, loss, damage, or expense arising under the
provisions of this Agreement and caused by or resulting from negligent acts or omissions of
MAC and/or those of MAC employees or agents. The City agrees to defend, indemnify, and
hold harmless MAC against any and all claims, liability, loss, damage, or expense arising under
the provisions of this Agreement for which the City is responsible, including future operation
and maintenance of facilities owned by the City and caused by or resulting from negligent acts or
omissions of the City and/or those of City’s employees or agents. All parties to this Agreement
recognize that liability for any claims arising under this Agreement are subject to the provisions
of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 466. In the event of
any claims or actions filed against either party, nothing in this Agreement shall be construed to
allow a claimant to obtain separate judgments or separate liability caps from the individual
parties.
11. WAIVER. Any and all persons engaged in the work to be performed by MAC
shall not be considered employees of the City for any purpose, including Worker’s
Compensation, and all claims that may or might arise out of said employment context on behalf
of said employees while so engaged. Any and all claims made by any third party as a
consequence of any act or omission on the part of said City employees while so engaged on any
of the work contemplated herein shall not be the obligation or responsibility of MAC. The
opposite situation shall also apply: MAC shall not be responsible under the Worker’s
Compensation Act for any employees of the City.
12. COMPLIANCE WITH LAWS. MAC, its employees and agents shall comply
with all laws, ordinances, rules and regulations of the United States of America, the State of
Minnesota, or of agencies, departments thereof and all local government ordinance, rules and
regulations relating to the Project. MAC shall be responsible for 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 Agreement or any extension of the operation of the utilities installed in the
Easements provided under this Agreement.
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13. AUDITS. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records,
documents, and accounting procedures and practices of Lakeville and MAC relevant to the
Agreement are subject to examination by the City, MAC, and either the Legislative Auditor or
the State Auditor as appropriate. The City and MAC agree to maintain these records for a period
of six years from the date of performance of all services covered under this Agreement.
14. INTEGRATION. The entire and integrated agreement of the parties contained
in this Agreement shall supersede all prior negotiations, representations, or agreements between
the City and MAC regarding the Project; whether written or oral.
15. FUTURE MAINTENANCE. Upon City acceptance of the improvements, the
City will own the watermain and the sanitary sewer mainline and will be responsible for all
future maintenance accordingly. MAC will own watermain and sanitary sewer service lines and
will be responsible for all future maintenance accordingly.
16. TERMINATION. This Agreement shall continue until all warranty periods have
expired for the work within the Project and all payments have been made under the terms of this
Agreement.
IN WITNESS THEREOF, the parties have caused this agreement to be executed by
their duly authorized officials.
[Remainder of page intentionally left blank]
[Signature pages to follow]
CITY OF LAKEVILLE
BY: _______________________________
Douglas P. Anderson, Mayor
AND ______________________________
Charlene Friedges, City Clerk
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METROPOLITAN AIRPORTS COMMISSION
By:_____________________________________
Its:_____________________________________
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EXHIBIT A
Legal Description of Property
All of Tracts A, B, C, D, and E described below:
Tract A: The south 358.93 feet of the Southeast Quarter of Section 33, Township 114 North,
Range 20 West, Dakota County, MN; except the west 1320 feet thereof:
Tract B: The south 1000 feet of the Northwest Quarter of Section 3, Township 113 North,
Range 20 West, Dakota County, MN;
Tract C: That part of the Southwest Quarter of Section 33, Township 114 North, Range 20 West
and that part of the Northwest Quarter of Section 4, Township 113 North, Range 20 West, both
in Dakota County, MN, described as follows: Commencing at the northwest corner of the
Southwest Quarter of said Section 33; thence on an assumed bearing of South 0 degrees 09
minutes 00 seconds East along the west line of said Southwest Quarter a distance of 2068.25 feet
thence North 89 degrees 20 minutes 45 seconds East, 608.49 feet ;thence easterly 151.84 feet
along a tangential curve, concave to the south, having a radius of 400 feet and a central angle of
21 degrees 45 minutes 00 seconds; thence South 26 degrees 50 minutes 05 seconds West, 330
feet; thence South 63 degrees 09 minutes 55 seconds East, 2 feet; thence South 63 degrees 09
minutes 55 seconds East, 396 feet to the point of beginning of Tract C to be described; thence
North 26 degrees 50 minutes 05 seconds East, 330 feet; thence North 63 degrees 09 minutes 55
seconds West a distance of 132 feet, more or less, to an intersection with a line that bears North
26 degrees 50 minutes 05 seconds East from the point of beginning; thence South 26 degrees 50
minutes 05 seconds West, 330 feet to the point of beginning;
Tract D: That part of the North Half of Section 4, Township 113 North, Range 20 West, Dakota
County, MN, lying easterly of the easterly right of way line of the Minneapolis, Northfield and
Southern Railway; excepting therefrom that part lying northerly of the following described line:
Commencing at the west quarter corner of Section 33, Township 114 North, Range 20 West;
thence on an assumed bearing of South 00 degrees 09 minutes 00 seconds East along the west
line of said Section 33, for 2068.25 feet; thence North 89 degrees 20 minutes 45 seconds East,
608.49 feet; thence easterly 151.84 feet along a tangential curve, concave to the south, having a
radius of 400 feet and a central angle of 21 degrees 45 minutes 00 seconds; thence South 26
degrees 50 minutes 05 seconds West, 330 feet; thence South 63 degrees 09 minutes 55 seconds
East, 264 feet; thence North 26 degrees 50 minutes 05 seconds East, 20 feet; thence South 63
degrees 09 minutes 55 seconds East, 660 feet; thence run southeasterly 132 feet to Point “A”
described as follows: Commencing at the southwest corner of Airlake Industrial Park First
Addition; thence easterly along the south line of said plat a distance of 47.53 feet; thence
southwesterly along a line which makes an angle of 62 degrees 32 minutes 45 seconds with the
south line of said plat 336.21 feet to a point hereinafter referred to as Point “B”; thence deflect to
the right at an angle of 90 degrees 00 minutes 00 seconds for 132 feet to Point “A”; thence run
southeasterly to Point “B” hereinbefore described; thence continue southeasterly on the last
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described course for 132 feet; thence deflect to the left at an angel of 90 degrees 00 minutes 00
seconds to an intersection with the north line of the Northwest Quarter of said Section 4 and
there terminating; also excepting therefrom that part of the Northwest Quarter of said Section 4
described as follows: Beginning at the southeast corner of the Northwest Quarter of said Section
4; thence West 1127.5 feet; thence North 297 feet; thence East 687.5 feet; thence South 82.5
feet; thence East 440 feet; thence south to the place of beginning; also excepting therefrom that
part described as follows: Commencing at the north quarter corner of said Section 4; thence run
southerly along the north and south quarter line of said Section 4 for 418.92 feet; thence run
westerly at right angles to said north and south quarter line for 180.87 feet to the point of
beginning; thence continue westerly on the last described course for 383.67 feet; thence deflect
to the left at an angle of 90 degrees 00 minutes 00 seconds for 92.7 feet; thence deflect to the left
at an angle of 63 degrees 11 minutes 40 seconds for 237.94 feet; thence deflect to the left at an
angle of 26 degrees 48 minutes 20 seconds for 171.3 feet; thence deflect to the left at an angle of
90 degrees 00 minutes 00 seconds for 200 feet to the point of beginning; also excepting
therefrom that part described as follows: Commencing at the north quarter corner of said Section
4; thence run southerly along said north and south quarter line, 473.72 feet; thence run easterly at
right angles for 60 feet to the point of beginning; thence continue easterly on the last described
course for 150 feet; thence run southerly at right angles 145.2 feet; thence run westerly at right
angles 150 feet; thence run northerly at right angles 145.2 feet to the point of beginning;
Tract E: That part of the Southwest Quarter of Section 33, Township 114 North, Range 20
West, Dakota County, MN, lying southerly of the following described line: Commencing at the
west quarter corner of said Section 33; thence on an assumed bearing of South 0 degrees 09
minutes 00 seconds East along the west line of said Section 33 a distance of 2068.25 feet; thence
North 89 degrees 20 minutes 45 seconds East, 608.49 feet; thence easterly 151.84 feet along a
tangential curve, concave to the south, having a radius of 400 feet and a central angle of 21
degrees 45 minutes 00 seconds; thence South 26 degrees 50 minutes 05 seconds West, 378 feet;
thence North 63 degrees 09 minutes 55 seconds West, 656.94 feet to an intersection with the
west line of said Section 33 which is the point of beginning of the line to be described; thence
South 63 degrees 09 minutes 05 seconds East, 48 feet; thence South 63 degrees 09 minutes 55
seconds East, 264 feet; thence North 26 degrees 50 minutes 05 seconds East, 2 feet; thence South
63 degrees 09 minutes 55 seconds East to an intersection with the south line of said Section 33
and there terminating; containing 366.0 acres, more or less of which 10.98 acres are encumbered
by ex isting public roads; the lands herein acquired subject to the existing public roads, said lands
are also acquired subject to the easements of the Northern Natural Gas Company, Mid-America
Pipe Line Company and the Williams Pipe Line Company.
PID #s:
22-03300-013-51;
13-00400-010-01,
22-03300-010-84;
13-00400-011-02;
13-00300-012-25;
13-00400-020-25
EXHIBIT B
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(reserved for recording information)
GRANT OF PERMANENT DRAINAGE AND UTILITY EASEMENT
METROPOLITAN AIRPORTS COMMISSION, a public corporation of the State of
Minnesota, 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, a permanent easement for public drainage and utility purposes over, across, on and through
the property legally described on Exhibit “A” and depicted on Exhibit “B” attached hereto (the
“Easement Premises”).
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 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 other obstructions
interfering with the location, construction, and maintenance of said drainage and utility easement.
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The above named Grantor, for itself, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described Easement
Premises that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the Easement Premises; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this ____
day of _______________, 2019.
GRANTOR:
METROPOLITAN AIRPORTS COMMISSION
By: ___________________________________
____________________
Its: ___________________________________
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2019, by _________________, the ___________________, of the Metropolitan
Airports Commission, a public corporation of the State of Minnesota, on behalf of said public
corporation.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/smt
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EXHIBIT “A”
TO
GRANT OF PERMANENT DRAINAGE AND UTILITY EASEMENT
Legal Description of Easement
A 32.00 foot wide utility easement over, under and across that part of the Northeast Quarter of
Section 4, Township 113 North, Range 20 West, Dakota County, Minnesota, the center line
described as follows:
Commencing at the northwest corner of said Northeast Quarter; thence on an assumed bearing of
South 00 degrees 42 minutes 11 seconds West along the west line of said Northeast Quarter
1189.78 feet to the point of beginning of said center line; thence North 62 degrees 21 minutes
28 seconds East 57.98 feet; thence North 00 degrees 32 minutes 21 seconds East 641.71
feet; thence North 02 degrees 53 minutes 08 seconds West 182.64 feet; thence North 30 degrees
56 minutes 16 seconds West 24.84 feet; thence North 00 degrees 39 minutes 06 seconds East
181.31 feet and said center line there terminating.
Together with a 30.00 foot wide utility easement over, under and across that part of the
Northwest Quarter of Section 4, Township 113 North, Range 20 West, Dakota County,
Minnesota, the center line described as follows:
Commencing at the northeast corner of said Northwest Quarter; thence on an assumed bearing of
South 00 degrees 42 minutes 11 seconds West along the east line of said Northwest Quarter
1189.78 feet to the point of beginning of said center line; thence South 62 degrees 21 minutes 28
seconds West 613.41 feet; thence North 62 degrees 38 minutes 55 seconds West 505.69 feet;
thence South 27 degrees 21 minutes 05 seconds West 88.70 feet; thence South 72 degrees 21
minutes 12 seconds West 14.14 feet; thence South 27 degrees 21 minutes 05 seconds West 15.00
feet; thence North 62 degrees 38 minutes 55 seconds West 265.55 feet to a point hereinafter
referred to as "Point A"; thence returning South 62 degrees 38 minutes 55 seconds East along the
last described course 265.55 feet; thence South 27 degrees 21 minutes 05 seconds West 441.30
feet and said center line there terminating.
Together with a 54.00 foot wide utility easement over, under and across that part of the
Northwest Quarter of Section 4, Township 113 North, Range 20 West, Dakota County,
Minnesota, the center line described as follows:
Beginning at the previously described "Point A"; thence South 27 degrees 21 minutes 05 seconds
West 441.30 feet to a point hereinafter referred to as "Point B" and said center line there
terminating.
Together with a 20.00 foot wide utility easement over, under and across that part of the
Northwest Quarter of Section 4, Township 113 North, Range 20 West, Dakota County,
Minnesota, the center line described as follows:
Beginning at the previously described "Point B"; thence South 62 degrees 38 minutes 55 seconds
East 32.10 feet; thence South 27 degrees 21 minutes 05 seconds West 28.30 feet; thence
returning North 27 degrees 21 minutes 05 seconds East along the last described course 28.30
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feet; thence South 62 degrees 38 minutes 55 seconds East 255.82 feet; thence South 27 degrees
21 minutes 05 seconds West 28.30 feet; thence returning North 27 degrees 21 minutes 05
seconds East along the last described course 28.30 feet; thence South 62 degrees 38 minutes 55
seconds East 281.42 feet; thence South 27 degrees 21 minutes 05 seconds West 28.30 feet and
said center line there terminating.
AND
A perpetual easement for watermain purposes, 20 feet in width, over, under and across that part
of the North Half of Section 4, Township 113 North, Range 20 West of the Fifth Principal
Meridian, the center line of said easement being described as follows:
Commencing at the northwest corner of the Northeast Quarter of said Section 4; thence South 00
degrees 36 minutes 34 seconds West, assuming the north line of said Northeast Quarter to have a
bearing of East, 126.20 feet to the point of beginning of the center line to be described; thence
North 89 degrees 49 minutes 56 seconds East a distance of 272.39 feet; thence southeasterly
208.40 feet along a tangential curve, concave to the south, having a central angle of 27 degrees
35 minutes 45 seconds and a radius of 432.69 feet; thence South 62 degrees 34 minutes 19
seconds East, 907.10 feet, and said center line there terminating.
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EXHIBIT “B”
TO
GRANT OF PERMANENT DRAINAGE AND UTILITY EASEMENT
Easement Depiction
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EXHIBIT “B” page 2
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EXHIBIT C
(reserved for recording information)
GRANT OF PERMANENT ACCESS EASEMENT
METROPOLITAN AIRPORTS COMMISSION, a public corporation of the State of
Minnesota, 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 Minnesota municipal corporation, the Grantee,
hereinafter referred to as the "City", its successors and assigns, forever, a permanent easement for
access purposes over, across, on, under, and through land situated within the County of Dakota,
State of Minnesota, legally described on the attached Exhibit "A" and depicted on the attached
Exhibit “B”.
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 drainage, utility, and access systems over, across, on, under, and through the
easement premises, together with the right to grade, level, fill, drain and excavate the easement
premises, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said public drainage, utility, and
access systems.
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The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easement to the City; that there are no
unrecorded interests in the easement premises; and that it will indemnify and hold the City harmless
for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this ____
day of _______________, 2019.
GRANTOR:
METROPOLITAN AIRPORTS COMMISSION
By:
Its: _________________________________
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of
_________________, 2019, by ________________, the ________________ of the Metropolitan
Airports Commission, a public corporation of the State of Minnesota, on behalf of the public
corporation.
__________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/smt
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EXHIBIT “A”
TO
GRANT OF PERMANENT ACCESS EASEMENT
A 24.00 foot wide access easement, for ingress and egress purposes over and across that part of
the North Half of Section 4, Township 113 North, Range 20 West, Dakota County, Minnesota,
the center line described as follows:
Commencing at the northwest corner of the Northeast Quarter of said Section 4; thence on an
assumed bearing of South 00 degrees 42 minutes 11 seconds West along the west line of said
Northeast Quarter 2619.42 feet to the northerly right of way line of a township road; thence
North 89 degrees 54 minutes 06 seconds East along said northerly right of way line 86.14 feet to
the point of beginning of said center line; thence North 00 degrees 03 minutes 03 seconds West
170.04 feet; thence northwesterly 140.24 feet on a tangential curve concave southwesterly,
having a radius of 100.00 and a central angle of 80 degrees 20 minutes 59 seconds; thence North
80 degrees 24 minutes 02 seconds West 149.43 feet; thence westerly 92.95 feet on a tangential
curve concave northerly, having a radius of 300.00 feet and a central angle of 17 degrees 45
minutes 07 seconds; thence North 62 degrees 38 minutes 55 seconds West 993.96 feet to a point
hereinafter referred to as "Point A"; thence continue North 62 degrees 38 minutes 55 seconds
West 289.91 feet to a point hereinafter referred to as "Point B"; thence continue North 62 degrees
38 minutes 55 seconds West 103.50 feet and said center line there terminating.
Together with a 35.00 foot wide access easement, for ingress and egress purposes over and
across that part of the Northwest Quarter of Section 4, Township 113 North, Range 20 West,
Dakota County, Minnesota, the center line described as follows:
Beginning at the previously described "Point A"; thence North 27 degrees 21 minutes 05 seconds
East 640.32 feet and said center line there terminating.
Together with a 25.00 foot wide access easement, for ingress and egress purposes over and
across that part of the Northwest Quarter of Section 4, Township 113 North, Range 20 West,
Dakota County, Minnesota, the center line described as follows:
Beginning at the previously described "Point B"; thence North 27 degrees 21 minutes 05 seconds
East 640.30 feet and said center line there terminating.
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EXHIBIT “B”
TO
GRANT OF PERMANENT ACCESS EASEMENT