HomeMy WebLinkAboutItem 06.f Date: March 16, 2020 Item No.
DECLARATION OF PERMANENT DRAINAGE AND UTILITY EASEMENTS FOR
179TH STREET IMPROVEMENTS FROM CEDAR AVENUE TO FIELDCREST AVENUE
Proposed Action
Staff recommends adoption of the following motion: Move to approve a Declaration of Permanent
Public Drainage and Utility Easements for 179th Street Improvements from Cedar Avenue to
Fieldcrest Avenue, City Project 20-08.
Overview
The City and County are partnering to complete improvements along 179th Street from Cedar
Avenue to Fieldcrest Avenue to rehabilitate the roadway surface, improve intersection operations,
make safety improvements and provide for increasing traffic levels. Proposed improvements
include a) reconstruction to a 2-lane divided highway; b) roundabout at 179th Street/Flagstaff
Avenue intersection; c) dedicated turn lanes at intersections; and d) geometric modifications. The
project is currently advertised, and bids will be received on March 26, 2020.
The project will result in relocation of existing private utilities along the project corridor. To
facilitate the relocation of the utilities outside the project limits and achieve efficiencies in
construction operations and schedule, City staff recommends allowing the private utilities to
relocate into Outlots O and R, Crossroads 1st Addition (located adjacent to project corridor).
Permanent public drainage and utility easements must be established over the outlots to allow for
the relocation.
Primary Issues to Consider
• The easements will not impact the City’s future use of the outlots.
Supporting Information
• Declaration of Drainage and Easement
• Exhibit
Financial Impact: $0 Budgeted: Y☒ N☐ Source: N/A
Related Documents: Right-of-Way Management Ordinance
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Alex Jordan, Assistant City Engineer
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____________________________________________________________________________
DECLARATION OF DRAINAGE AND UTILITY EASEMENT
THIS DECLARATION is made this ___ day of ____________, 2020, by CITY OF
LAKEVILLE, a Minnesota municipal corporation (“Declarant”).
RECITALS
A. Declarant is the fee owner of the real properties legally described on Exhibit A attached
hereto (the “Property”).
B. Declarant desires to declare a utility easement for drainage, and sewer, water, gas,
communication and electric service lines over, under and across part of the Property for the benefit
of public utility facilities.
DECLARATION
NOW, THEREFORE, the Declarant hereby declares, imposes upon and makes the
Property subject to the following easements and covenants:
1. Grant of Utility Easements. Declarant hereby declares perpetual, non-exclusive, utility and
drainage easement over, under and across the Property legally described on Exhibit A attached
hereto (the “Easement Area”). It is expressly understood that this is an underground easement and
no public utility facilities, structures or other improvements of any kind shall be located above
grade, as said grade is now or hereafter established.
2. Access to Utilities in Easement Area. The grant of the easement shall be for all purposes,
including the construction, maintenance, operation, inspection, reconstruction, removal of utilities,
and other purposes as may be authorized or required by the City.
3. Duration. The provisions of this Declaration shall remain in full force and effect until the
Declarant agrees in writing to terminate said provisions.
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4. Severability. Invalidation of any one or more of the provisions of this Declaration by
judgment or court order shall not affect any of the other provisions, which shall remain in full force
and effect.
5. Mode of Enforcement. This Declaration may be enforced by proceedings in law to recover
damages or by proceedings in equity to restrain any violation or compel performance.
6. Successors and Assigns. This Declaration shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, successors and assigns. This Declaration
shall run with the land. This Declaration benefits and burdens the Property.
IN WITNESS WHEREOF, the party has executed this Declaration as of the day and year
first above written.
CITY OF LAKEVILLE
By _________________________________
Douglas P. Anderson, Mayor
By _________________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of __________, 2020,
by Douglas P. Anderson and Charlene Friedges, respectively the Mayor and City Clerk of the City
of Lakeville, a Minnesota municipal corporation, on behalf of the City.
____________________________________
Notary Public
This document 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
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EXHIBIT A
Legal Description of Property
Outlot O, Crossroads 1st Addition, Dakota County, Minnesota, according to the recorded plat
thereof.
And;
Outlot R, Crossroads 1st Addition, Dakota County, Minnesota, according to the recorded plat
thereof.