HomeMy WebLinkAboutItem 06.eApril 14, 2011
Proposed Action
APRIL 18, 2011 CITY COUNCIL MEETING AGENDA ITEM
APPROVE GRANT OF PERMANENT EASEMENT TO
DAKOTA COUNTY FOR PUBLIC ROADWAY PURPOSES
Dodd Boulevard (CSAH 9) Reconstruction
City Improvement Project 05 -08
County Project 9 -36
Staff recommends adoption of the following motion: Move to approve Grant of Permanent
Easement to Dakota County for public roadway purposes as part of the Dodd Boulevard (CSAH
9) reconstruction, City Improvement Project 05 -08.
Overview
The City of Lakeville was the lead agency for the design and construction of this improvement,
including acquisition of easements from adjacent property owners. This project included the
reconstruction of Dodd Boulevard to a four lane divided roadway between 185 Street and
183 Street adjacent to Lifetime Fitness and King Park. An easement was not prepared for the
east side of Dodd Boulevard along King Park, as already City -owned property. Dakota County
would like to clean up title to this project to avoid any potential legal issues and has requested
from the City a permanent easement for roadway purposes along King Park. The new right -of-
way would fall behind the existing trail on the east side of Dodd Boulevard and would not
encroach in any City parking lot.
Right -of -way acquisition is generally shared between the County and City, and past policy has
been to grant easements to Dakota County at no cost.
Primary Issues to Consider
None.
Supporting Information
• Gra f Permanent Easement
eith H. Nelson
City Engineer
Item No.
Financial Impact: $0 Budgeted: Y/N: Source:
Related Documents (CIP, ERP, etc.):
Notes:
GRANT OF PERMANENT EASEMENT
CITY OF LAKEVILLE, a Minnesota municipal corporation, "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 COUNTY OF
DAKOTA, a public body corporate and politic of the State of Minnesota, the Grantee,
hereinafter referred to as the "County ", its successors and assigns, forever, a permanent easement
for public roadway purposes over, on, across, under, and through the land situated in the County
of Dakota, State of Minnesota, as legally described on the attached Exhibit "A" and depicted on
the attached Exhibit "B"
INCLUDING the rights of the County, its contractors, agents, servants, and assigns, to
enter upon the permanent easement premises at all reasonable times to construct, reconstruct,
inspect, repair, and maintain said public roadway systems over, across, on, under, and through
the permanent easement premises, together with the right to grade, level, fill, drain, and excavate
the permanent easement premises, and the further right to remove trees, bushes, undergrowth,
and other obstructions interfering with the location, construction, and maintenance of said public
roadway easement.
The above named Grantor, for itself, its successors and assigns, does covenant with the
County, its successors and assigns, that it is well seized in fee title of the above described
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easement premises; that it has the sole right to grant and convey the easement to the County; that
there are no unrecorded interests in the easement premises; and that it will indemnify and hold
the County harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this day
of , 2011.
(SEAL)
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
RNK
GRANTOR:
CITY OF LAKEVILLE
BY:
AND:
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Notary Public
Mark Bellows, Mayor
Charlene Friedges, City Clerk
The foregoing instrument was acknowledged before me this day of
, 2011, by Mark Bellows 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.
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
A permanent easement for roadway purposes over, under and across the following described
parcel:
That part of the Southwest Quarter of the Northeast Quarter and that part of the Southeast
Quarter of the Northwest Quarter, Section 17, Township 114 North, Range 20 West, Dakota
County, Minnesota which lies easterly and southeasterly of the centerline of County Road No. 9
(also known as Dodd Boulevard) said centerline per document number 473805 and also being
the easterly boundary of the plat of KING CREEK GREENWAY ADDITION, according to the
recorded plat thereof EXCEPTING therefrom that part of said Southwest Quarter of the
Northeast Quarter described as beginning at the southeast corner of said Southwest Quarter of
the Northeast Quarter; thence westerly along the south line thereof a distance of 440.00 feet;
thence northeasterly to the point on the east line thereof distant 334.00 feet northerly of said
southeast corner; thence southerly along said east line a distance of 334.00 feet to the point of
beginning.
Said permanent easement lies westerly of the following described line:
Commencing at the southwest corner of the Northwest Quarter of said Sectionl 7, thence South
89 degrees 36 minutes 06 seconds East, assumed bearing along the south line of said Northwest
Quarter of Section 17 a distance of 1851.77 feet to the point of beginning of the line to be
described; thence North 24 degrees 26 minutes 21 seconds East a distance of 109.81; thence
northeasterly a distance of 697.23 feet along a tangential curve concave to the southeast having a
radius of 1710.95 feet and a central angle of 23 degrees 20 minutes 55 seconds; thence North 47
degrees 47 minutes 16 seconds East tangent to said curve a distance of 977.04 feet to the north
line of said Southwest Quarter of the Northeast Quarter of said Section 17 and said line there
terminating.
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