1h. Permanent Easement for Qwest Corp.
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.ci.chanhassen.mn.us
-i~
MEMORANDUM
TO:
Todd Gerhardt, City Manager
Laurie Hokkanen, Assistant City Manager ~
FROM:
DATE:
d~.
August 20,2008
SUBJ:
Permanent Easement for Qwest Corp.
Outlot 1, Chanhassen Estates
MOTION
The City Council approves a permanent for Qwest Corporation, as shown on the
attached exhibit, on Outlot 1 of Chanhassen Estates in consideration of a payment
of $5,297.75.
BACKGROUND
The City owns a lot at the southwest comer of Hwy 5 and Dakota Ave, known as
Outlot 1 of Chanhassen Estates. Qwest Corporation (phone and internet provider)
has requested a permanent easement from the City in the northeast comer of the
lot. This area is already encumbered by a 50 foot permanent easement for Xcel
Energy that runs the length of the property. Qwest has received permission from
Xcel Energy to add an easement within their existing easement. Thus, the
addition of another easement does not affect the future ability to develop the
property. However, the easement represents a permanent transfer of rights to the
Qwest Corporation, and an easement fee is appropriate. Staff and Qwest have
agreed on compensation in the amount of $10 per square foot. The total easement
fee is proposed at $5,297.75.
Attached please find a copy of the Easement Agreement, including Exhibit A
showing the exact location.
RECCOMENDA TION
Staff recommends that theQity Council grant the permanent easement for the
Qwest Corporation on Outl()t 1 of Chanhassen Estates.
G:\Admin\lH\City Council\approval of Qwest Easement Outlot 1 Chan Estates.doc
The City of Chanhassen . A growing community with clean lakes, quality schools, a chamning downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
5201 East River Road, Suite 308
Mipneapolis, MN 55421-1027
~bank,
D~te Issued: .
013643
RECORDING INFORMATION ABOVE
Datc-6/3 0/200 8
EASEMENT AGREEMENT
CORPORATE EASEMENT
The CITY OF CHANHASSEN, ("Grantor") for and in consideration of $1.00 and other good and
valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto
QWEST CORPORATION, a Colorado corporation ("Grantee"), whose address is 1801 California St.,
Suite 5200, Denver, CO 80202, and its successors, assigns, affiliates, lessees, licensees, and agents, a
perpetual non-exclusive easement to construct, modify, add to, maintain, and remove such
telecommunications facilities and related appurtenances, from time to time, as Grantee may require upon,
over, under and across the following described property situated in the County of Carver, State of
Minnesota, which Grantor owns or in which Grantor has an interest ("Easement Area"), to wit:
An easement which is described in its entirety on EXHIBIT "A" which is attached hereto and by this
reference made a part hereof~ all of which is situated in the NE Y4 of Section 13, Township 116 N, Range
23 W, of the 5th P.M. .
Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area, using only
the most direct route, during all periods of construction, maintenance, installation, reinforcement, repair
and removal, with the right to clear and keep cleared all trees and other obstructions as may be necessary
for Grantee's use and enjoyment of the Easement Area.
Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent
exercise of the rights and privileges herein granted. Grantee shall have no responsibility for environmental
contamination, which is either pre-existing or not caused by Grantee.
Grantor reserves the right to occupy, llse and cultivate the Easement Area for all purposes not
inconsistent with the rights herein granted.
R1W#
Initial
Page 1 of2
Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the
Easement Area.
Grantor hereby covenants that no excavation, structure or obstruction will be constructed, or permitted on
the Easement Area and no change will be made by grading or otherwise that would adversely affect
Grantee's use and enjoyment of the Easement Area.
The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the
benefit of and be binding upon Grantor and Grantee and their respective successors and assigns.
GRANTOR: CITY OF CHANHASSEN
By: .
Thomas A. Furlong
Mayor
and
Todd Gerhardt
City Manager
STATE OF MINNESOTA)
) ss:
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this _ day of ..._' 2008,
by Thomas A. Furlong and Todd Gerhardt, respectively the Mayor and City Manager of the CITY OF
CHANHASSEN, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council, real property in Carver County, Minnesota.
Witness my hand and official seal;
[NOTARY SEAL} .
Notary Public
My commission expires: _..__
This Instrument Drafted By:
Qwest Corporation
1801 California SI., Suite 5100
Denver, CO 80202
RECORD AND RETURN TO:
Ultcig Engineers
5201 East River Road, Suite 30g
Minneapolis, MN 55421
RJW No.:
Exchange:
1/4 Section:
Job No.:
County:
Township:
82M 1 MY!i.___..__.___
Carllcr
116 N Range:
Edell Prairie
NE
Section:
13
23W
Page 2 01"2
_engineerS
EXHIBIT A SHEET I OF 2 SHEETS
Bismarck. Detroil Lakes. Fargo. Mioneapolis. Sioux Falls
5201 East River Road Suite 308
Minneapolis. Minnesota 55421
Phone: 763.571.2500 Fax: 763,571.1168
Web: www.ulteig.com
N
Certificate of Survey for: QWEST CORPORATION
Job Number: 82M1 MVX
Location: City of Chanhassen, Carver County, Minnesota
See sheet 2 of 2 for legal descriptions
'!>
" ~O · o~~-{
....I f" .-,<; . ~ ->tl ~o\)~:,\~ or
GLl.'&"I .- '-.' . \;\.y.. II. o.o.,~t,.\~'(..SntGX\:'\
U,I ,l"' ,~~\,,\~:.\~.. '~,~ a<~'" ~,W' >t-\ ~\
~ 'tt.' "t'; i),';" .' __: \:,:.' ~w.'(..~-<;~ o~"\p..'\\O
....\' . ~}~,';',~ U" '(..p..'8 sX\O s'?o~
~~ \\, _" '), ~ ,'":....~.,. <fO~ 1 p..S ~~~ \O"b.
~ ,v ''''.1) '.' <;'/\"" .',,,t. ,?O.a.'X;n a\~", r.t: Vo(f'\ ~
. ',\ '\.', _' ' . ,~,'i'\ .' , t~, "',, .., _~... '" ,,0~ _~"'v -
..\~,\\...,", ""'\'1' .~-~~\~ O~~ ..n.,'(J t\,,",1Q
'l."\\" ," t>, "" ,,';',;',';..~ C ~\"'", ~\)'"
\ .rf"f\' ,..,,,......... ~'f)P\ 1\...\ ~
on,'';' """,.1 ...\" O"'~...J,?\..r ...\~O~ r....r_"r-. """"
a \...'{:'i ~ ...# \:-~,,~,. A"Q\}\-"l' ~~' .-(\_,1 U\~V ~ ~., /...\ ~~ t" t: t_ ...~: r} \,,,,
~~,(,p,,\ i)'t( \\~\ O.\~l, '\ ~
. \'.\-i 1"~"':':Jf~O:~i ~~ l:'tI-~. EX~PTION
SO\}~i ~~Q'(..'?O~~\G~"'\ r)1QAr;1~' a-1'i;oS'~ ~
X\~~~~~~~i~~~"~ ?-;o'~6,O~ :)3~'t- -&G'~l:t~}-~ ~
~\)W.~'(..~ \,,? ~~~'\'~3 &~15'. 0..:- ~~.sflf ~
C/~~G;?~O.v ~ 0'~~ '4)-.o..:-o.~<~ '7
'7 0 ~~~ ~,.;~-1. OJ O~
1:-.'\ \\ if ('. )-4'-'YoS'iO ~. ()"l _ ~
\~ v~O-?~ ~ _ ~
? \ EASEMENT ~<:9 .. &~~roS'OO..;. , /"1 ....n
%\ '<? 1>~() ~ ~:<">~ \~~
(j'.}~\ ~"" (V-~
~ '$l' ../....,. \
~ \ ......"S ' r,_,
~ \ ......" 1-9.'];. <-(.-~
90\ .........-,.~'~
~ \ ...... ,,~'?)'6'5
boo......
,... I ,-r-I ,... -.- It
l i. I . i II. t
..., ,... . ..._ <lo.,; I .
LEGEND
. -Denotes Iron Monument Found
. -Denotes MnDOT Disc Found
o -Denotes Monument Set
wjCop #4490 I
X -Denotes Chisled X Set in Concrete
JOB NO.: 208.0386
SEC. 13. T. 116 N., R. 23 W., 5TH P.M.
CO.: Carver
SCALE: 1" = 10'
-
/ .,_'4
< , ,
. " .-
'_'1"
("'J ~
"..... "'"
, ",,'"
, J- ,
... .( ,
",-'... '\.
".... '
, \,,'"
'" >,
....'< '
I ,
,~I
I HEREBY CERTIFY THAT THIS SURVEY. PLAN, OR
REPORT WAS PREPARED BY ME OR UNDER MY DIRECT
SUPERVISION AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF
MINNESOT~t)~
PETER D. GITZEN
DATE
Lie, NO. 44901
'S. ~:l'
_engineerS
EXHIBIT A SHEET 2 OF 2 SHEETS
Bismarck. !let/oil takes. Fargo. Mfnneapolis . Sioux Falls
5201 East Rive. Road Suile 308
Minneapolis. Minnesota 55421
Phone: 763.571.2500 Fax: 763.571.1168
Web: www.ulteig.com
Certificate of Survey for: QWEST CORPORATION
Job Number: 82M1 MVX
Location: City of Chanhassen, Carver County, Minnesota
Description of Property:
Outlot 1, CHANHASSEN ESTATES, according the recorded plat thereof in the
Office of Registrar of Deeds, (now County Recorder), Carver County, Minnesota,
EXCEPT that part of Outlot 1, CHANHASSEN ESTATES, described as follows:
Beginning at the intersection of the east line of said Outlot 1, with a line
hereafter described as "Line A" (said "Line A" is a line 50.00 feet
Southeasterly of, measured at right angles to and parallel with that part
of the southerly right of way line of State Highway No.5, as shown on
said plat which has a radius of 2764.79 feet); thence South along the
east line of said Outlot 1. a distance of 200.00 feet; thence West at right
angles to said east line, a distance of 150.00 feet; thence Northwesterly
to a point on said "Line A" distant 200.00 feet Southwesterly, measured
along said "Line A," from the point of beginning; thence Northeasterly
along said "Line A" a distance of 200.00 feet to the point of beginning.
Also, EXCEPT that part of Outlot 1, CHANHASSEN ESTATES, shown as Parcel
316C on Minnesota Department of Transportation Right of Way Plat Numbered
10-4 as the same is on on file and of record in the office of the County of
Recorder in and for Carver County, Minnesota.
Description of Easement:
An easement for telecommunication purposes over, under and across the herein
before described property, described as follows:
Beginning at the right of way boundary corner B17 as shown on Minnesota
Department of Transportation Right of Way Plat Numbered 10-4; thence South 45
degrees 52 minutes 32 seconds East 22.03 feet along the westerly right of way
line of Dakota Avenue as shown on Minnesota Department of Transportation Right
of Way Plat Numbered 10-4; thenpe South 68 degrees 53 minutes 48 seconds
West 29.25 feet; thence North 21 degrees 07 minutes 08 seconds West 20.03
feet to the southerly right of way line of Trunk Highway No. 5 as shown on
Minnesota Department of Transportation Right of Way Plat Numbered 10-4;
thence northeasterly 20.03 feet on a non-tangetial curve concave to the south
having <I radius of 2,764.74 feet and a central angle of 00 degrees 24 minutes
54 seconds whose chord bears North 21 degrees 13 minutes 36 seconds East
20.03 feet along the southerly right of way line of Trunk Highway No. 5 as shown
on Minnesota Department of Transportation Right of Way Plat Numbered 10-4 to
the point of beginning.
Contains 493 square feet, more or less.
JOB NO.: 208.0386
SEC. 13, T. 116 N., R. 23 W., 5TH P.M.
CO.: Carver
(If)/)
Get the Job done right
5201 E. River Road, Suite 308
Minneapolis, MN 55421-1027
Phone: 763.571.2500
Fax: 763.571.1168
DISCLOSURE
To Whom It May Concern:
Minnesota Law requires that anyone engaged in Real Estate activity must be licensed as a
Real Estate Agent and be supervised by a licensed Real Estate Broker. Ulteig Engineers, Inc.
in the normal course of their business, is occasionally engaged in Right-of-Way acquisition
activity.
Arthur D. Dost, an employee of Ulteig Engineers, Inc. is a licensed real estate agent in the
State of Minnesota. Mr. Dost (MN Sales Agent License Number 40037687) is supervised in
any real estate activity by Vernon A. Pederson, (MN Broker License Number 82779), d.b.a.
Pederson Real Estate Service.
Vernon A. Pederson (d.b.a. Pederson Real Estate Service) is located at 3801 South Rivershore
Drive, Moorhead, MN 56560. The mailing address for Pederson Real Estate Service is PO
Box 502, Moorhead, MN 56561-0502. He can be contacted at phone number
(701) 361-9800 or by fax at (701) 235-8355.
Acknowledgment
Landowner
Date
Landowner
Date
Minneapolis. MN . Detroit Lakes, MN · Fargo, ND · Bismarck, ND · Sioux Falls, SD
www.ulteig.com
fl Xeel Energy
NORTHERN STATES POWER
414 N1COLLET MALL. Ml'.8
lY'JNNf>APOLlS. MN 55401
April 2], 2008
Art Dost
Dlteig Engineering
Emailed
Art.Dost@ulteig.com
ENCROACHMENT AGREEMENT
Project: Qwest Telephone Cabinet
Line 5S 16
NE1I4 NEI/4, Sec. 13, Tl16, R23, Cnrver County
File: 2008.141
Dear Art;
Please be advised that this Encroachment Agreement is not effective until signed and
returned to Xcel Encr:2V within 30 days of the date of this letter. after that period it is
NULL and VOID.
Xcel Energy has reviewed the proposed Owest telephone cabinet encroachment request submitted April
15,2008. The encl'Oacnment is acceptable to Xcel Energy by adhering to the fol](lwing:
(1) Excavation close to structure location.
A minimum distance of 20 feet of suppOltedearth must be maintained ti'om any patt of the line
structure. Support of the ground beyond the 20 feet may be provided by a slope no greater than
three feet horizontal to one foot veltical. Support may also be provided by the use of cribbing,
sheet piling, retaining wall or tunneling. The specific plan tor providing the required support and
the excavation plan for the proposed project must be submitted to Xcel Energy for review and
approval.
(2) Grade change ar()uud structure location.
Fill around or above steel structllre fOMdations is not pennitted. The grade around the structures
must provide for surface water runoff - no surface water ponding around structures will be
permitted. Any cost related to tbe adjustment of Xcel Energy's facilities will be at the
requestor's expense.
(3) Fill and grade change around guy wires and ancllOrs.
Fill above the steel anchor rod onto the guy wire 1S not permitted. The specific plan for any
grade change or excavation in the vicinity of down guys and anchors must be submitted to Xcel
Energy for review and approval.
Page 1 of3
Page 20/3
4/21/2008
(4) Grade change within easement.
The ground elevation within the easement shall not be increased more than 1 foot above the
existing or proposed grade. Stockpiling of soH andlor material within the easement will not be
pennitted.
(5) Clearances to equipment and workers.
A working clearance of 20 feet between the electrical conductors and any cranes or digging
equipment used in or Ileal' the easement and a clearance of 20 feet to the physical proximity of
workers must be maintained at all times. In additioll~ any construction near the transmission
line(s) shall comply with all OSHA Safety Clearances. If this clearance cannot be maintained~
the contractor or developer must alTange for a line outage by calling Xcel Energy's System
Control department (Steve Rollin 612/330"2875). At least two weeks advanced notice must be
provided ill order' to schedule a line outage, if an outage is available. Tllere is a fee of
approximately $350.00 per day, per outage, tor this service. This fee must be paid pdor to
outage.
The preceding two paragl'aph(s) must be included in a prominent location on the plan sets and
specititations given to contractors.
(6) Landscaping within the easement.
Detailed plans for landscaping (including light standards) must be submitted to Xcel Energy fOf
review and approval. Generally shorter vnrieties of trees and shrubs, IS feet or less mature
height, may be considered. If planting is pennitted, the line's voltage and the tree's mature
height and the distance from the line mllst be considered. For maintenance purposes there shall
be no planting within 15 feet of structure sites.
(7) Building on easements.
There shall be 110 permanent or temporary building allowed within the easement area.
(8) Fuel and refueling OJ! easements.
There shall be no fuel tanks stored or refueling or vehicles and equipment within the easement.
(9) Streetlights and signs on easements.
If there are to be streetlights, signboards, identification SigllS or any other type of non-building
structure within the easement, detailed plans must be submitted to Xcel Energy for review and
approval to verifY compliance with electrical code clearances.
(10) Feuces on easements.
If the easement area is fenced, gates must be installed to provide access to Xcel Energy for
maintenance purposes. Chain link or other types of fences using metal material and constructed
on or near an Xcel Energy easement should be properly grounded.
Page3of3
4/21/2008
(11) Structure protection.
Where streets, parking lots or other areas are developed which expose transmission structures t.o
vehicular traffic, steel post or guardrail type barricades must be installed in accordance with Xcel
Energy specifications. In some cases, curbing will provide adequate protection
It is the express condition of this consent that all other terms and conditions of that certain easement
granted by the City of Chanhassen on December 22, 1987, and recorded as Document No. 93091 shan
remain in full force and effect.
A copy of the signed Encroachment Agreement shall he kept on site, available for review by Xcel
Energy representatives, until aU construction and site restoration has been completed.
To acknowledge receipt of and agreement with the terms ofthls consent, prior to the commencement of
any adi'rities, please sign this letter and return. it to me by fax. Fax silmatures are accepted to expedite
this process. If this signed agreem.ent is not received back within 30 days of the date of this agreement,
it will be presumed that you are not in agreement witb its content and this agreement will be considered
nnlland void, the file will be closed, your request will need to be resubmitted and the City Or County
Zoning Office will be notified of our action. Any changes to this original agreement shall make this
agreement null and void unless initialed by both parties.
Thank you for your courtesy and cooperation.
Sin.c. erelY,. n I .". -^~^~
~~rv
Bonnie Anderson
Land Rights Agent
Siting and Land Rights Dept.
612~330~6241
612~573~9227 (fax)
bonnie:j.a~derson@xcelenerl2Y.com
ACCEPTED:
/,7
'/ /"-l~.~? ,/
By /;~ (J~'
Name: . ~')c?)) ,,/'":.:r L <"-c t- :> <:> ~
Its <Q t..t...J IF')" t C'It>, {>c> . t'J.-./
Manager Design Engineer
(5516-NH~105742-7)
(5516: Str. 32)