HomeMy WebLinkAboutItem 06.e
Date: August 19, 2019 Item No.
ACCEPT DRAINAGE AND UTILITY EASEMENT FROM
JEROME & MARY JIRIK
Proposed Action
Staff recommends adoption of the following motion: Move to accept drainage and utility
easement from Jerome and Mary Jirik for construction of public watermain.
Overview
The property owners of 19841 Highview Avenue (James and Marjory Blare) have expressed
interest in connecting to City water due to recent deficiencies in their private well. In 2016,
public watermain was constructed along Highview Avenue to provide a water system connection
between the Berres Ridge and Legacy subdivisions, however water services were not provided to
the properties along the west side of Highview Avenue as City sewer is not available.
The City’s 2019 Miscellaneous Roadway Repairs and Overlays Project (City Project 19-01)
includes the paving of Highview Avenue north of Heritage Drive/200th Street. Prior to paving the
roadway, the City will extend public watermain to allow for the future connection to City water
for the properties west of Highview Avenue. The public watermain extension requires an
easement from the property owners of 19845 Highview Avenue (Jerome and Mary Jirik). The
Jirik’s have agreed to grant the City the easement at no cost.
Primary Issues to Consider
• What is the City’s cost? The City will pay for and install the watermain in 2019 with
Trunk Water Funds. Residents will pay the lateral watermain access charge at the time
they apply for a building permit to connect to the watermain.
Supporting Information
• Agreement
Financial Impact: $0 Budgeted: Y☐ N☐ Source: N/A
Related Documents: N/A
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Alex Jordan, Assistant City Engineer
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(Reserved for recording)
GRANT OF PERMANENT EASEMENT
FOR DRAINAGE AND UTILITY PURPOSES
JEROME J. JIRIK AND MARY E. JIRIK, spouses married to each other, ("Grantors"),
in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, do 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 public drainage and utility purposes over, on, across, under
and through the land situated in the County of Dakota, State of Minnesota, legally described on the
attached Exhibit “A” and depicted on the attached Exhibit “B” (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 public drainage and utility systems.
The above-named Grantors, for themselves, their successors, heirs and assigns, do covenant
with the City, its successors and assigns, that they are well seized in fee title of the Easement Premises;
that they have the sole right to grant and convey the easement to the City; that there are no unrecorded
interests in the Easement Premises; and they will indemnify and hold the City harmless for any breach
of the foregoing covenants.
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IN TESTIMONY WHEREOF, the Grantors hereto have signed this easement this _____
day of ______________, 2019.
GRANTORS:
Jerome J. Jirik
Mary E. Jirik
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ______ day of ______________,
2019, by Jerome J. Jirik, spouse to Mary E. Jirik.
___________________________________
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ______ day of ______________,
2019, by Mary E. Jirik, spouse to Jerome J. Jirik.
___________________________________
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 EASEMENT
Easement Description
A perpetual easement for drainage and utility purposes over, under, and across the most easterly
58.50 feet, as measured at a right angle, of a parcel of land situated in Dakota County, Minnesota,
described as follows:
North 303.07 feet of the South 468 feet of N 1/2 of SE 1/4 of SE 1/4 except West 436 feet and except
south 121.53 feet of east 175 feet and except North 121.54 feet of East 175 feet of Section 20,
Township 114, Range 20.
[Property address: 19845 Highview Avenue, Lakeville, MN 55044/PIN 22-02000-81-010]
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EXHIBIT “B”
Easement Depiction
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MORTGAGE HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
U.S. BANK NATIONAL ASSOCIATION, a national banking association organized
under the laws of the United States, which holds a mortgage on all or part of the property more
particularly described in the foregoing Grant of Permanent Easement, which mortgage is dated
April 17, 2017 and recorded May 12, 2017 as Document No. A3191211 with the office of the
County Recorder for Dakota County, Minnesota, for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, does hereby join in, consent to, and is subject
to the foregoing Grant of Permanent Easement.
U.S. BANK NATIONAL ASSOCIATION
By: _______________________________________
____________________________ [print name]
Its __________________________ [title]
And ______________________________________
____________________________ [print name]
Its __________________________ [title]
STATE OF ______________ )
( ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2019, by ___________________________ and __________________________, respectively the
_____________________________ and __________________________ of U.S. Bank National
Association, a national banking association organized under the laws of the United States, on
behalf of said entity.
_____________________________________
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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EASEMENT HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
HEATHER LOHRMANN, a single person, who holds an easement on all or part of the
property more particularly described in the foregoing Grant of Permanent Easement, which easement
was dated April 24, 1970 and recorded on April 29, 1970, with the office of the Dakota County
Recorder as Document No. A372102, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby join in, consent to and subjects her interest
in the subject property to the foregoing Grant of Permanent Easement.
Dated this _____ day of ____________, 2019.
By: ____________________________________
Heather Lohrmann
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2019, by Heather Lohrmann, a single person.
________________________________________
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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EASEMENT HOLDER CONSENT
TO
GRANT OF PERMANENT EASEMENT
JAMES L. BLARE AND MARJORY K. BLARE, spouses married to each other, who
hold an easement on all or part of the property more particularly described in the foregoing Grant of
Permanent Easement, which easement was dated August 8, 1974 and recorded on August 26, 1974,
with the office of the Dakota County Recorder as Document No. A438550, for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby join in,
consent to and subject their interest in the subject property to the foregoing Grant of Permanent
Easement.
Dated this _____ day of ____________, 2019.
By: ____________________________________
James L. Blare
By: ____________________________________
Marjory K. Blare
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ____ day of ______________,
2019, by James L. Blare, spouse to Marjory K. Blare.
________________________________________
Notary Public
The foregoing instrument was acknowledged before me this ____ day of ______________,
2019, by Marjory K. Blare, spouse to James L. Blare.
________________________________________
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