1h. Lyman Boulevard Improvement Project 06-03: Approve Utility Easement on Lyman Boulevard for Minnesota Valley Electric Co.
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.cLchanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager ~.
Paul Oehme, P.E., Dir. of Public Works/City Eogineer ~
FROM:
DATE:
July 28, 2008
tJ~'
SUBJ:
Lyman Boulevard Improvement Project 06-03: Approve Utility
Easement on Lyman Boulevard for Minnesota Valley Electric Co.
PROPOSED MOTION
"Approve Utility Easement on Lyman Boulevard for Minnesota Valley
Electric Co."
City Council approval requires a simple majority vote of the City Council
present.
BACKGROUND
In conjunction with the Lyman Boulevard Reconstruction and widening project,
all the private utilities in the corridor will need to be relocated. The section of
Lyman Boulevard from Audubon Road south (CSAH 15) to Audubon Road north
has many buried utilities including fiber optic and two high voltage underground
transmission lines. This section of Lyman Boulevard on the north side will also
have a 10' wide trail and a concrete box pedestrian underpass. In order to relocate
these utilities in a safe location with proper separation, the Minnesota Valley
Electric Cooperative (MVEC) would like to move their underground utility on
City of Chanhassen land outside the right-of-way and into a separate utility
easement. The easement is proposed to be 10' wide and adjacent to the County
right-of-way.
Staff has reviewed the easement information and recommends approval.
Attachments
G:\ENGIPUBLIC'-ZOO6 Projects\06-03 Lyman Imp (Powers to TIl4I)\bkgd 072808 MVEC easement apprl.doc
The City of Chanhassen . A growing community with clean lakes, quality schools, a chanming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the City of Chanhassen (hereafter called "Owner")
for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby
grant unto MINNESOTA VALLEY ELECTRIC COOPERATIVE an incorporated cooperative
association organized under the laws of the State of Minnesota (hereafter called "Cooperative")
and to its successors or assigns, a non-exclusive easement for the purposes hereafter provided
upon the lands of the Owner situated in the County of Carver State of Minnesota, and more
particularly described as follows: a strip of land ten feet in width located in the East 825 feet of the
West 1425Feet of the Northeast Quarter of Section 22, Range 23E, Township 116N North of and
adjacent to the road right of way, Carver County, Minnesota.
to place, construct, operate, repair, maintain, relocate and replace thereon and in or upon all
streets, roads or highways abutting said lands an electric distribution line or system and to cut and
trim trees and shrubbery to the extent necessary to keep them clear of said electric line or system
and to cut down from time to time all dead, weak, leaning or dangerous trees that are tall enough
to strike the wires in falling.
The Cooperative shall also be entitled to use this easement to excavate for, place, construct,
operate and maintain underground conduit, and/or cable lines for distributing electric power,
including all wires, cable, handholes, manholes, transformer enclosures, concrete pads,
connection boxes, ground connections, attachments, equipment, accessories and appurtenances
desirable in connection therewith, under, upon and across the lands of Owner above described.
The Cooperative shall have the right to inspect, rebuild, remove, repair, improve and make such
changes, alternations, substitutions and additions in and to its facilities as it may from time to time
deem advisable, including the right to increase or decrease the number of conduits, wires, cables,
handholes, manholes, connection boxes, transformers and transformer enclosures. The
Cooperative shall at all times have the right to keep the easement clear of all buildings, structures,
fences, trees, shrubbery, undergrowth, roots and other obstructions that may interfere with or
endanger its facilities and equipment.
For the purpose of constructing, inspecting, maintaining or operating its facilities, the Cooperative
shall have the right of ingress to and egress from the easement over the lands of Owner adjacent
to the easement and lying between public or private roads and the easement, such right to be
exercised in such manner as shall occasion the least practicable damage and inconvenience to
Owner.
Location Number: 4-22
WO Number: 20080154
The Owners covenant that the owners of all of the above described lands and that the said lands
are free and clear of encumbrances and liens of whatsoever character except those held by the
following person:
IN WITNESS WHEREOF, the Owners have hereunto set their hands this
day
of
,2008.
In the presence of:
Witness
City of Chanhassen
City of Chanhassen
Witness
State of Minnesota
County of
On this
day of
, 2008, before me a
notary public within and for said County,
&
personally appeared to me known to be the persons described in and who executed the
foregoing instrument, and acknowledged they executed the same as their free act and deed.
Notary Public,
County, MN
My Commission expires
This instrument was drafted by:
MINNESOTA VALLEY ELECTRIC COOPERATIVE
125 MINNESOTA VALLEY ELECTRIC DRIVE
JORDAN, MINNESOTA 55352
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