HomeMy WebLinkAboutItem 06.h
Date: Item No.
CEDAR HILLS TEMPORARY EASEMENTS
Proposed Action
Staff recommends adoption of the following motion: Move to approve two temporary easements
for property within the Cedar Hills final plat.
Overview
On September 8, 2020 the City Council approved the Cedar Hills final plat, which creates 16 single
family and 16 detached townhome lots. The overall plat is nearly 160 acres and includes property
owned by U.S. Home Corporation, dba Lennar and Mattamy Minneapolis LLC. Temporary
drainage and utility easements are included on the property owned by Mattamy for those areas
directly adjacent to public right-of-way, including 200th Street, 202nd Street, and 205th Street.
Typically easements granted by other parties do not require City Council approval, but Mattamy
is requiring indemnification by the City and therefore the City needs to approve and execute the
easements in order for the City’s indemnification to be enforceable by the Grantor.
Primary Issue to Consider
How long will these easements be in place? The temporary easements expire when one of the
following occurs: 1) the subject property is final platted into lots and blocks dedicating the
easement premises for drainage and utility purposes; 2) a permanent public drainage and utility
easement is established over the subject property, or 3) the subject property is deeded to the City.
Supporting Information
• Temporary drainage and utility easement for Outlot C, Cedar Hills
• Temporary drainage and utility easement for Outlot D, Cedar Hills
• Approved Cedar Hills final plat
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: Zoning & Subdivision Ordinances
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Kris Jenson, Associate Planner
October 5, 2020
1
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(reserved for recording information)
GRANT OF TEMPORARY EASEMENT
MATTAMY MINNEAPOLIS LLC, a Delaware limited liability company, 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 temporary
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”).
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing
upon execution of this easement and expiring upon the earlier of: (i) the property subject to this
easement is final platted into lots and blocks dedicating the Easement Premises for drainage and utility
purposes; (ii) a permanent public drainage and utility easement is established over the Easement
Premises; or (iii) the property subject to this easement is deeded to the City. This grant of easement
includes the right of ingress to and egress from the Easement Premises, for the purpose of
constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the
will of the City, its successors and assigns; it being the intention of the parties hereto that the Grantor
hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above
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211529v2
described temporary Easement Premises, subject only to the right of the City to use the same for the
purposes herein expressed.
It is understood that vegetation will be removed and that excavation will occur on the
Easement Premises. The City agrees to restore the Easement Area after any such excavation to as
near the condition thereof prior to such excavation as is reasonable under the circumstances. The
City shall be responsible for any damages resulting from any construction and maintenance by the
City, its agents, employees and contractors, within the Easement Premises.
Grantor, 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 right
to grant and convey the easement to the City; that, except for the right of U.S. Home Corporation
(“USHC”) to purchase certain lands within which the Easement Premises is located pursuant to a
certain unrecorded Option Agreement dated June 23, 2020 between Grantor and USHC, there are
no other unrecorded ownership or purchase interests in the Easement Premises; and that it will
indemnify and hold the City harmless for any breach of the foregoing covenants.
Subject to the foregoing rights granted to the City hereunder, Grantor reserves all other
rights of ownership, use and possession of the Easement Premises.
Grantor shall indemnify and hold the City harmless from and against all claims,
liabilities, lawsuits, costs and expenses, including without limitation reasonable attorney’s fees
paid, incurred or asserted against the City arising out of any negligence or other wro ngful act
of Grantor, its agents, employees or contractors, within the Easement Premises.
Subject to the limits of liability provided under Minn. Stat. ch. 466, the City shall
indemnify and hold Grantor harmless from and against all claims, liabilities, lawsuits, costs and
expenses, including without limitation reasonable attorney’s fees paid, incurred or asserted
against Grantor arising out of any negligence or other wrongful act of the City, its agents,
3
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employees or contractors, within the Easement Premises.
This Easement is intended to run with the land; accordingly, neither party hereto shall
have any liability or duties hereunder based on any act occurring or condition first arising from
and after the date on which such party has ceased to have any interest in the Easement Premises.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this _____ day
of _______________________, 2020.
[The remainder of this page has been intentionally left blank.
Signature pages to follow.]
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GRANTEE:
CITY OF LAKEVILLE
BY: ___________________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND __________________________________________
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 by Charlene Friedges, the Mayor and City
Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
______________________________________________
NOTARY PUBLIC
6
211529v2
EXHIBIT “A”
to
GRANT OF TEMPORARY EASEMENT
A Temporary Drainage & Utility Easement lying over, under and across the North 10.00 feet of
Outlot C, CEDAR HILLS, according to the recorded plat thereof, Dakota County, Minnesota.
TOGETHER WITH
A Temporary Drainage & Utility Easement lying over, under and across the South 10.00 feet of
Outlot C, CEDAR HILLS, according to the recorded plat thereof, Dakota County, Minnesota.
7
211529v2
EXHIBIT “B”
to
GRANT OF TEMPORARY EASEMENT
1
211530v2
(reserved for recording information)
GRANT OF TEMPORARY EASEMENT
MATTAMY MINNEAPOLIS LLC, a Delaware limited liability company, 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 temporary
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”).
TO HAVE AND TO HOLD the same, unto the City, its successors and assigns, commencing
upon execution of this easement and expiring upon the earlier of: (i) the property subject to this
easement is final platted into lots and blocks dedicating the Easement Premises for drainage and utility
purposes; (ii) a permanent public drainage and utility easement is established over the Easement
Premises; or (iii) the property subject to this easement is deeded to the City. This grant of easement
includes the right of ingress to and egress from the Easement Premises, for the purpose of
constructing, reconstructing, inspecting, repairing, and maintaining the property of the City, at the will
of the City, its successors and assigns; it being the intention of the parties hereto that the Grantor hereby
grants the uses herein specified without divesting itself of the right to use and enjoy the above
2
211530v2
described temporary Easement Premises, subject only to the right of the City to use the same for the
purposes herein expressed.
It is understood that vegetation will be removed and that excavation will occur on the
Easement Premises. The City agrees to restore the Easement Area after any such excavation to as near
the condition thereof prior to such excavation as is reasonable under the circumstances. The City
shall be responsible for any damages resulting from any construction and maintenance by the City, its
agents, employees and contractors, within the Easement Premises.
Grantor, 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 right to
grant and convey the easement to the City; that, except for the right of U.S. Home Corporation
(“USHC”) to purchase certain lands within which the Easement Premises is located pursuant to a
certain unrecorded Option Agreement dated June 23, 2020 between Grantor and USHC, there are no
other unrecorded ownership or purchase interests in the Easement Premises; and that it will
indemnify and hold the City harmless for any breach of the foregoing covenants.
Subject to the foregoing rights granted to the City hereunder, Grantor reserves all other
rights of ownership, use and possession of the Easement Premises.
Grantor shall indemnify and hold the City harmless from and against all claims, liabilities,
lawsuits, costs and expenses, including without limitation reasonable attorney’s fees paid, incurred
or asserted against the City arising out of any negligence or other wrongful act of Grantor, its
agents, employees or contractors, within the Easement Premises.
Subject to the limits of liability provided under Minn. Stat. ch. 466, the City shall indemnify
and hold Grantor harmless from and against all claims, liabilities, lawsuits, costs and expenses,
including without limitation reasonable attorney’s fees paid, incurred or asserted against Grantor
arising out of any negligence or other wrongful act of the City, its agents, employees or contractors,
3
211530v2
within the Easement Premises.
This Easement is intended to run with the land; accordingly, neither party hereto shall have
any liability or duties hereunder based on any act occurring or condition first arising from and after
the date on which such party has ceased to have any interest in the Easement Premises.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement this day of
, 2020.
[The remainder of this page has been intentionally left blank.
Signature pages to follow.]
5
211530v2
GRANTEE:
CITY OF LAKEVILLE
BY: ___________________________________________
Douglas P. Anderson, Mayor
(SEAL)
AND __________________________________________
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 by Charlene Friedges, the Mayor and City
Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
______________________________________________
NOTARY PUBLIC
6
211530v2
EXHIBIT “A”
to
GRANT OF TEMPORARY EASEMENT
A Temporary Drainage & Utility Easement lying over, under and across the North 10.00 feet of
Outlot D, CEDAR HILLS, according to the recorded plat thereof, Dakota County, Minnesota.
TOGETHER WITH
A Temporary Drainage & Utility Easement lying over, under and across the West 75.00 feet of the
East 522.00 feet of the South 10.00 feet of Outlot D, CEDAR HILLS, according to the recorded
plat thereof, Dakota County, Minnesota.
7
211530v2
EXHIBIT “B”
to
GRANT OF TEMPORARY EASEMENT
4589124567OUTLOT A3123671234567812345612OUTLOT B123354810OUTLOT COUTLOT ENW Cor of the NW 1/4 of the NW 1/4of Sec. 27, Twp. 114, Rge. 14Fd. PK w/washerWest line of the NW 1/4 ofthe NW 1/4 of Sec. 27East line of the NW 1/4 ofthe NW 1/4 of Sec. 27North line of the NW 1/4 ofthe NW 1/4 of Sec. 27South line of the NW 1/4 ofthe NW 1/4 of Sec. 27West line of theNW 1/4 of theSW 1/4 of Sec. 27East line of the NW 1/4 ofthe SW 1/4 of Sec. 27North line of the NW 1/4 ofthe SW 1/4 of Sec. 27South line of the NW 1/4 ofthe SW 1/4 of Sec. 27SW Cor of the SW 1/4 of the NW 1/4of Sec. 27, Twp. 114, Rge. 14Fd. PK w/washerCOUNTY ROAD NO. 23 (CEDAR AVENUE)COUNTY ROAD NO. 23 (CEDAR AVENUE)COUNTY ROAD NO. 64 (200TH STREET WEST)202ND STREET WEST205TH STREET WESTEast line of Cedar Avenueper Dakota County RoadRight of Way Map 229East line of Cedar Avenueper Dakota County RoadRight of Way Map 229
OUTLOT DOUTLOT F202ND STREET WESTCOUNTY ROAD NO. 64 (200TH STREET WEST)West line of the NE 1/4 ofthe NW 1/4 of Sec. 27
East line of the NE 1/4 of theNW 1/4 of Sec. 27 North line of the NE 1/4 ofthe NW 1/4 of Sec. 27South line of the NE 1/4 ofthe NW 1/4 of Sec. 27NE Cor of the NE 1/4 of the NW 1/4of Sec. 27, Twp. 114, Rge. 14Fd. PK NailS89°57'15"W 2632.13
N00°22'35"E 2638.93S89°57'18"W 2635.06
S00°26'24"W 2638.91INSET B(SEE SHEET 4 OF 4 SHEETS)1219.461269.46 50.0050.00 N89°57'17"E 1971.00654.241316.77S00°24'29"W 1219.46 S89°57'15"W 1268.78N89°57'15"E 1316.0950.00
50
50
50
50 33
33
3333501317.521317.53N89°57'17"E 1316.82S00°24'29"W 1269.46
South line of the SE 1/4 ofthe NW 1/4 of Sec. 27West line of the SE 1/4 ofthe NW 1/4 of Sec. 27
East line of the SE 1/4 of theNW 1/4 of Sec. 27 North line of the SE 1/4 ofthe NW 1/4 of Sec. 27SW Cor of the SE 1/4 of the NW 1/4of Sec. 27, Twp. 114, Rge. 20Fd. 3/8 Inch Iron Pipe6640
5050
50 50S89°57'17"W 1316.801319.45
N00°24'29"E50.00N00°24'29"E50.00S00°02'43"E205.00 N89°57'17"E124.98S00°02'43"E 503.41S00°02'43"E 410.76N89°33'36"W 386.06N89°57'15"E184.98S00°02'43"E125.00N89°57'17"E120.00226.74 1092.72S89°33'36"E95.00S00°26'24"W80.93∆=0°51'50"R=9917.50L=149.56∆=1°08'55"R=9937.50L=199.24 S89°00'00"W20.00N01°34'20"W614.35(SEE SHEET 3 OF 4 SHEETS)INSET A909095150
Edge of WetlandEdge of WetlandEdge of WetlandGENEVA TRAILGENEVA TRAIL203RD STREETTransmission Line Easementper Document No. 1662414Transmission Line Easementper Document No. 1662414233.91S36°57'02"E77.73S01°22'10"W 1413.22S32°27'32"W9.0630303030300'150300450Sheet 2 of 4 SheetsCEDAR HILLSNot to ScaleVicinity MapSITESET 1/2" BY 14" IRON PIPE WITH CAP #44123FOUND MONUMENT AS NOTED ON SURVEYTHE NORTH LINE OF THE NORTHWEST QUARTER OF THENORTHWEST QUARTER OF SECTION 27, TOWNSHIP 114,RANGE 14 IS ASSUMED TO BEAR S 89°57'15" WScale in FeetScale: 1 Inch = 150 FeetEXHIBIT C
4589124567OUTLOT A31236712S00°02'43"E 758.41
S89°57'17"W 1316.8030.0030.00758.41632.96683.84S36°46'59"W24.99S36°52'30"E24.99S00°02'43"E7.25 S00°02'43"E7.25 S00°02'43"E7.25 S00°02'43"E7.25 S00°02'43"E7.25 S00°02'43"E7.16
N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00S89°57'17"W95.00N00°02'43"W60.00
N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00N00°02'43"W60.00
S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.008503.41S00°02'43"E 205.00
S00°02'43"E 503.41 N89°57'15"E 184.98N89°57'17"E 124.98124.98S00°02'43"E7.00S00°02'43"E7.00S00°02'43"E30.00N00°02'43"W4.90
N00°02'43"W4.90N00°02'43"W4.90
N00°02'43"W4.90
N00°02'43"W4.90N25°47'55"E22.94S33°44'08"E18.03S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00S00°02'43"E50.00
S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00 S00°02'43"E50.00
N89°57'17"E95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00N89°57'17"E95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00S89°57'17"W95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.00N89°57'17"E95.0010S00°02'43"E 125.00N89°57'17"E 120.00S00°02'43"E 554.14
N89°57'17"E 120.00554.1429.27 N89°33'36"W 386.06410.76143.39
S00°26'24"W 150.93477.53Drainage & Utility Easementover all of Lot 8, Block 2Drainage & Utility Easementover all of Lot 10, Block 1Drainage & Utility Easementover all of Outlot A30 3030 30
50
50202ND STREET WESTN00°26'24"E25.00S89°57'17"W30.0050
50202ND STREET WESTGENEVA TRAIL
COUNTY ROAD NO. 23(CEDAR AVENUE)S00°26'24"W 226.74 S89°33'36"E95.00S00°24'29"W50.00 N89°57'17"E 654.249575 125Edge of Wetlandeasterly line of a Transmission LineEasement per Document No. 166241425.60S01°22'10"W 225.78
0'50100150Sheet 3 of 4 SheetsCEDAR HILLSScale in FeetScale: 1 Inch = 50 FeetSET 1/2" BY 14" IRON PIPE WITH CAP #44123FOUND MONUMENT AS NOTED ON SURVEYTHE NORTH LINE OF THE NORTHWEST QUARTER OF THENORTHWEST QUARTER OF SECTION 27, TOWNSHIP 114,RANGE 14 IS ASSUMED TO BEAR S 89°57'15" WINSET A(FROM SHEET 2 OF 4 SHEETS)
12345678123456123354OUTLOT EOUTLOT F202ND STREET WEST205TH STREET WEST202ND STREET WESTCOUNTY ROAD NO. 23 (CEDAR AVENUE)S00°26'24"W 1319.45
S89°57'18"W 1317.53S89°57'17"W 1316.80S00°02'43"E 174.30
∆=72°19'39"R=160.00L=201.98∆=8°48'28"R=1000.00L=153.73∆=14°55'14"R=530.00L=138.02∆=8°37'50"R=470.00L=70.80N89°57'17"E 106.65∆=49°26'08"L=138.05∆=22°53'31"L=63.93N00°02'43"W30.00 632.96683.8430.01
30.01 N00°02'43"W30.00S51°08'50"E60.00124.30 85.2570.4570.3570.35163.10147.42189.3130.63 S00°00'37"E 163.53S00°02'43"E 155.66S00°02'43"E 153.00S00°02'43"E 153.00S34°24'03"E 198.01S79°24'05"E 159.72N55°35'54"E 203.52 ∆=9°31'08"L=83.075.96∆=11°02'04"L=36.5970.3518.80∆=5°55'04"L=51.64∆=2°42'46"L=23.67∆=5°24'06"L=47.1417.50∆=34°21'20"L=35.98 18.88∆=45°00'02"L=47.12N00°26'24"E25.00N89°57'17"E50.00∆=45°00'02"L=47.12∆=45°00'02"L=47.12N89°33'36"W 183.82N10°35'52"E 124.07431.70 S00°26'24"W 799.06 ∆=61°44'42"L=64.66∆=54°06'56"R=100.00L=94.45S02°58'06"W 173.13N89°22'29"E 140.98S62°02'08"E 272.87S27°
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85.0070.3570.3547.1770.4970.49172.4
6 ∆=5°02'07"L=85.24∆=3°43'31"L=63.07∆=21°21'47"L=70.84∆=2°26'16"L=8.08∆=18°45'07"L=62.18∆=7°12'12"L=70.40∆=4°55'04"L=48.0721.04∆=5°37'01"L=43.13∆=2°47'58"L=27.36
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∆=72°19'39"L=164.11∆=7°32'49"R=1030.00L=135.67148.6
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653.45S00°24'29"W 1269.46375.87941.66S86°36'06"E 527.94167.40360.54N89°57'02"E159.91∆=3°26'51"R=2040.00L=122.75S57°48'01"E100.63N39°03'44"W71.20S16°25'31"E79.51N07°01'42"E92.74 S38°52'13"W169.23 S64°16'46"E110.69N42°40'34"W79.09S19°25'50"E80.22N03°48'54"E80.22 S27°03'39"W 208.52S00°26'24"W 405.30 N89°33'36"W10.00∆=4°25'25"R=608.65L=46.99∆=231°06'06"R=60.00L=242.01S00°24'29"W50.00
50
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757575858540
303030
30
30 3030Drainage & Utility Easementover all of Outlot F10101010143.0070.0010
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Drainage & Utility Easementper Document No. 2986962GENEVA TRAIL203RD STREET404040.64135.6445454545Drainage& UtilityEasementDrainage & Utility Easementcenterline of TransmissionLine Easement perDocument No. 16624143030 30116.94S01°22'10"W 448.58S32°27'32"W65.38080160240Sheet 4 of 4 SheetsCEDAR HILLSScale in FeetScale: 1 Inch = 80 FeetSET 1/2" BY 14" IRON PIPE WITH CAP #44123FOUND MONUMENT AS NOTED ON SURVEYTHE NORTH LINE OF THE NORTHWEST QUARTER OF THENORTHWEST QUARTER OF SECTION 27, TOWNSHIP 114,RANGE 14 IS ASSUMED TO BEAR S 89°57'15" WBEING 5 FEET IN WIDTH, UNLESS OTHERWISE INDICATED,AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH ANDADJOINING RIGHT-OF-WAY LINES AS SHOWN ON THE PLATDRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:(NOT TO SCALE)10
10 55INSET B(FROM SHEET 2 OF 4 SHEETS)