3c. High Zone Water Tower: Approve Agrmt for Purchase of Easements0
CITY OF
CHANNSEN
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
7901 Park Place
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
MEMORANDUM
TO: Todd Gerhardt, City Manager
U
FROM: Paul Oehme, Director of Public Works /City Engineerq
DATE: July 11, 2011
i
SUBJ: Consider Approval of an Agreement for Purchase of Easements
with School District 276 for the High Zone Water Tower
PROPOSED MOTION
"The City Council approves an agreement for purchase of easements for a
water tower with School District 276 on the middle school west property
contingent upon the school district approving the agreement and the City
Council approving a contract for construction of the water tower."
City Council approval requires a simple majority vote of the City Council
present.
BACKGROUND
In November, 2008, the City completed an update to the Comprehensive
Water Plan. As part of the plan, a storage analysis was performed that
recommended additional storage be constructed in the existing high service
zone. The high zone water area has seen significant growth in recent years,
which has driven the need for additional storage capacity.
On May 19, 2011, staff discussed water storage needs in the high zone with the
Minnetonka School District and presented a proposal to the board to construct a
new water storage tower in the southwest corner of the Minnetonka Middle
School West campus.
On May 23, 2011, staff presented a water storage needs analysis in the high zone
to the City Council at the worksession.
On June 8, 2011, staff held a neighborhood meeting to discuss the proposed water
tower at the southwest corner of the Minnetonka Middle School West campus.
DISCUSSION
Staff is requesting the City Council approve an agreement for purchase of
easements with School District 276 for permanent utility, temporary construction
and future access needs for the new water tower. The Minnetonka School District
Chanhassen is a Community for Life - Providing for Todayand Planning for Tomorrow
Todd Gerhardt
High Zone Water Storage Project: Approve Agreement for Purchase of Easements
July 11, 2011
Page 2
is supportive of entering into the agreement. The purchase price for the
easements is $150,000 which is included in the project cost for the tank. The
agreement should be contingent on the school district approving the agreement
and the City Council approving a contract for construction of the water tower.
The School District will be considering approving the agreement at the August 4,
2011 Board meeting and the City Council is scheduled to consider awarding a
construction contract on August 22, 2011.
Attachment: Grant of Permanent and Temporary Easements
gAeng \public \_2011 projects \11 -03 -high zone tower project \071111 approve tower land easment agreement.doc
(reserved for recording purposes)
GRANT OF
PERMANENT AND TEMPORARY EASEMENTS
THIS GRANT OF EASEMENT is made on this day of , 2011, by
MINNETONKA INDEPENDENT SCHOOL DISTRICT # 276, a Minnesota political
subdivision ( "Grantor ") to the CITY OF CHANHASSEN, a Minnesota municipal corporation,
the Grantee, hereinafter referred to as the "City ", its successors and assigns, forever.
RECITALS
WHEREAS, Grantor is the owner in fee simple of real property in the City of
Chanhassen, Carver County, Minnesota, which is legally described on Exhibit "A" attached
hereto ( "School Property "); and
WHEREAS, the City requires an easement over a portion of the School Property for
water tower storage and other public purposes, including other uses, equipment and storage
consistent with the use of the property for a water tower, which permanent easement is described
herein on Exhibit `B -1" and depicted on the easement sketch attached hereto as Exhibit `B -2"
( "Water Tower Easement "); and
157852v02 1
SRN: r06/15/2011
WHEREAS, the City requires an easement for ingress and egress over the School
Property for access to and from the Water Tower Easement premises; and
WHEREAS, the City requires a temporary construction easement over, across, on,
under, and through a portion of the School Property, as legally described on the attached Exhibit
"C -1" and depicted on the easement sketch attached hereto as Exhibit "C -2 ".
NOW, THEREFORE, in consideration of the sum of One and No /100 Dollars ($1.00) and
other good and valuable consideration to it in hand paid by City, the receipt and sufficiency of
which is hereby acknowledged by Grantor:
Water Tower Easement Grantor hereby grants unto the City, its successors and
assigns, forever the Water Tower Easement as legally described and depicted in Exhibits `B -1"
and B -2 ". The Water Tower Easement shall run with the title to the School Property and shall inure
to the benefit of and be binding upon the parties hereto and their respective heirs, successors and
assigns, including, but without limitation all subsequent owners of the School Property and all
persons claiming under them. The Water Tower Easement shall include the rights of the City, its
contractors, agents, employees, assigns, lessees, and lessee's contractors, to enter upon the easement
premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said water
tower systems and other public uses located over, across, on, under, and through the easement
premises, together with the right to grade, level, fill, drain, pave, and excavate the easement
premises, and the further right to remove trees, bushes, undergrowth, and other obstructions
interfering with the location, construction, and maintenance of said water tower systems.
2. Ingress and Egress Easement Grantor hereby grants and establishes a non-
exclusive easement for ingress and egress over and across the School Property for the purpose of
providing access between the Water Tower Easement premises and Hazeltine Boulevard for use
15785202 2
SRN: r06/15/2011
by the City, its contractors, agents, employees, lessees, servants and assigns. The Ingress and
Egress Easement shall run with the title to the School Property and shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs, successors and assigns, including, but
without limitation all subsequent owners of the School Property and all persons claiming under
them.
3. Temporary Construction Easement Grantor hereby grants unto the City a
temporary construction easement as legally described on the attached Exhibit "C -1" and depicted
on the easement sketch attached hereto as Exhibit "C -2 ", to have and to hold the same, unto the
City, its contractors, agents, servants and assigns, commencing upon execution of this document
and expiring two years following execution of this document, together with the right of ingress to
and egress from the temporary 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. Grantor hereby grants the uses herein specified without
divesting itself of the right to use and enjoy the above described temporary easement premises,
subject only to the right of the City to use the same for the purposes herein expressed. The City,
its agents and assigns, will restore the described temporary easement premises to a condition as
nearly equal as possible to that which existed prior to construction.
4. The above named Grantor, for itself, 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 sole right to grant and convey the easements to the City; that
there are no unrecorded interests in the easement premises; and that it will indemnify and hold
the City harmless for any breach of the foregoing covenants.
157s52v02
SRN: r06 /15/2011
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this
day of , 2011.
STATE OF MINNESOTA )
) ss.
COUNTY OF )
GRANTOR:
MINNETONKA INDEPENDENT SCHOOL
DISTRICT #276
And:
The foregoing instrument was acknowledged before me this day of
2011, by the
of Minnetonka Independent School District #276, a Minnesota political subdivision.
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
AMP
157852v02
SRN: r06/15/2011
NOTARY PUBLIC
4
EXHIBIT "A"
LEGAL DESCRIPTION OF SCHOOL PROPERTY
The Southwest Quarter (SW 1 /4) of the Northwest Quarter (NW 1 /4) of Section Three (3),
Township One Hundred Sixteen (116), Range Twenty Three (23) West, according to the U.S.
Government Survey thereof, excepting therefrom the 35 /100ths acres conveyed by deed recorded
in the office of the Register of Deeds, of Carver County, Minnesota, in Book "8" of Deeds, page
400, and that part thereof conveyed by deed recorded in the office of the Register of Deeds of
Carver County, Minnesota, in Book "41" of Deeds, page 322, and subject to the right, title and
interest of the State of Minnesota in that strip of land conveyed by deed recorded in the office of
the Register of Deeds of Carver County, Minnesota in Book "33" of Deeds, page 25.
Also that part of Lot E, Bardwell Acres, not conveyed by said deed recorded in the Office of the
Register of Deeds of Carver County, Minnesota, in Book "41" of Deeds, page 322.
[ABSTRACT PROPERTY]
15785202
SRN: r06 /15/2011
EXHIBIT "B -1"
LEGAL DESCRIPTION OF WATER TOWER EASEMENT
A perpetual easement for municipal utility purposes over, under, and across that part of the
Southwest Quarter of the Northwest Quarter of Section 3, Township 116 North, Range 23 West,
Carver County, Minnesota, described as follows:
Beginning at the southwest corner of said Southwest Quarter of the Northwest Quarter;
thence South 87 degrees 12 minutes 20 seconds East, assumed bearing, along the south
line of said Southwest Quarter of the Northwest Quarter 125.41 feet; thence North 02
degrees 50 minutes 43 seconds East 125.81 feet; thence North 86 degrees 53 minutes 26
seconds West 53.02 feet; thence North 18 degrees 34 minutes 16 seconds West 88.43
feet; thence North 69 degrees 09 minutes 09 seconds West 22.10 feet to the easterly right -
of -way line of State Highway No. 41; thence South 20 degrees 52 minutes 22 seconds
West, along said right -of -way line 58.70 feet to a point on the west line of said Southwest
Quarter of the Northwest Quarter; thence South 03 degrees 10 minutes 34 seconds West
along said west line 159.50 feet to the point of beginning.
15785202 6
SRN: r06/15/2011
EXHIBIT "C -1"
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
A temporary construction easement for municipal utility purposes over, under, and across that
part of the Southwest Quarter of the Northwest Quarter of Section 3, Township 116 North,
Range 23 West, Carver County, Minnesota, described as follows:
Commencing at the southwest corner of said Southwest Quarter of the Northwest
Quarter; thence South 87 degrees 12 minutes 20 seconds East, assumed bearing, along
the south line of said Southwest Quarter of the Northwest Quarter 125.41 feet to the point
of beginning; thence continuing South 87 degrees 12 minutes 20 seconds East 325.01
feet; thence North 02 degrees 05 minutes 17 seconds East 92.70 feet; thence North 87
degrees 10 minutes 51 seconds West 18 9.3 2 feet; thence North 02 degrees 39 minutes 01
seconds East 52.12 feet; thence North 86 degrees 45 minutes 37 seconds West 34.07 feet;
thence North 02 degrees 39 minutes 01 seconds East 5.91 feet; thence North 41 degrees
49 minutes 07 seconds West 132.92 feet; thence North 69 degrees 07 minutes 38 seconds
West 98.10 feet to the easterly right -of -way line of State Highway No. 41; thence South
20 degrees 52 minutes 22 seconds West, along said right -of -way line 63.99 feet; thence
South 69 degrees 09 minutes 09 seconds East 22.10 feet; thence South 18 degrees 34
minutes 16 seconds East 88.43 feet; thence South 86 degrees 53 minutes 26 seconds East
53.02 feet; thence South 02 degrees 50 minutes 43 seconds West 125.81 feet to the point
of beginning.
This temporary construction easement shall commence upon execution of this easement
document and shall expire two years following execution of this document.
157852v02 7
SRN: r06 /15/2011
DRAWING NAME: S: \AE \C \Chanh\ 114852 \5- dsgn \51 -codd\ Survey \EP \CHANH114852sur.dwg LAYOUT TAB: Temp PLOTTED: Jun 10, 2011 - 10:36am
me 2 m
A n, D
I LINE OF SWt /4 OF
R23/4 SEC. 3, i716,
m '7
c r,ay� v
s FgST
o 9
H � S69° 2 J S2 SrgT 4
a
on �zv N O9'o9„ f ` ;.,,.�52, fywYR /wCi
or
Io
Ln
�^ o O D7 _, ri %.: "�.� ",N �.,. :,, : `,ma ( �y ,
°o S02 ° "W
loo
r7 'Y �w, :.,•:v', i,.: i.;: ifl'. "s:bN /
Z
kA
a,
,
7.
„
p.
o
4
O O O
V
� N
(n N
0 i
m
Z p -,�,. G1,. Z , 7 D co
Z
> m °
it.< 01 E i> c
0 o
-o m z
C7 Z7 Z:,p',' j Z
D ---I M O a ;por
tO
O O .;:yi O
< D --f v1 >
mN '� Z� C;i -. CTi �ooc
D N 1n W N fn O Z
N= ? O O N W VI VI N 0 N N O
7'
O? rD O N O O t0 N N 3. N N O O O N 0 0 0 N N 3 b
n 2 m roc ter ^� 7. o ?�mv 71
O W m D :r'`:I 0 T3 0 rtm f 3. 0 C 7 0 T > s o ° w o
N m m ?``:.r:' c o c o a M m nwco 7 a - <� e n
m : '' o m m� aZS aoo m cnmm ` �^ y rno r) �_ m m�nN �
NNOmmNNV:N —a (D
X �Z� O ��
m � O m 01 (on O a 0, 0 i O OO rD Co t0 m 10 CD � O �.� O O m
Ol O
C_ (D N N C N • '° N U N " ; ! N 7 N �, (D aO O W .+ n . O (� �
fn NprX (�h 7/��1 ,.,..:.''I W S Ln O OO ? p W KOOPTI - D (D
: D
NO7OO O�
Q W m _[...7L. - ,< ll <.�[;::, e1 -+ N Ga 7 O 7 �. V 7 O 7 rp Z N p• N N ' O n 7 �. "IJ
Z Cn00 '..i'•"''�. J m "c
CIL c 30? - a0 C
NO2 °051 7E :D.iO�NS19aCOC��Z� °,s'�;":r (A L4 Im
O TI O y N 7 y 7• N l0 7 N N t0 O N Vl j w
O O Wo n O S O S N ayC
r ;U N Ln 11OD ID O � 0
N� 00 W 7 03.0 NO m .O-.N . 0 .-.
� to
�.._ N � N C a Z O � ,0N„SOrtO~ - c U
O
0 3. c 3 o p o m NZ O y mm o ai m rn rJ� 0 CD 1 9 n 0 3 �O
o ID O =C Om Sm Vy OD 0' 00.�0� 1�rt7 wtl
N N- W N V N N N :.° •P N N Ln j V U) :1 N 0 m O p O 0 C'A
n � A 0 rD n 0 7 N O 3 t7 N n 3• p 7 Q p n j L S o o y
U1 \ Z i0 W-010 (0 CD N 'N•. � n 7 N�� C. j'N S Z M O C r [l i
Ox ° x� ' m rn3 0 CD
3 n Z to cn - = z
-r1 m Ln o ,� m 7 O LA co N 7 N N 0 = 0 7 - y
\ m w (4 t0 C 0 D (D C r D N N �G,
m
• 0 O cD � w N r , S v W
00
[n N N O N O
N
S
�
i r--7
0
a
�Q h
N69 `0 9' 0
9
DENOTES IRON FOUND
DENOTES CARVER COUNTY MONUMENT
I
0
N
0
0
f
0
CL
O
J
f
5
'%j G
SW COR OF SW1 — 7 '
4 OF S. LINE OF SWt /4 OF
NW1 /4 SEC. 3, T116, NW1 /4 SEC. 3, T116,
R23 R23
PROPOSED MUNICIPAL UTILITY EASEMENT
(Independent School District 276 PID#250033000)
A perpetual easement for municipal utility purposes over, under, and across that part of the Southwest Quarter of the
Northwest Quarter of Section 3, Township 116 North, Range 23 West, Carver County Minnesota, described as follows:
Beginning at the southwest corner of said Southwest Quarter of the Northwest Quarter; thence South 87 degrees 12
minutes 20 seconds East, assumed bearing, along the south line of said Southwest Quarter of the Northwest Quarter
125.41 feet; thence North 02 degrees 50 minutes 43 seconds East 125.81 feet; thence North 86 degrees 53
minutes 26 seconds West 53.02 feet; thence North 18 degrees 34 minutes 16 seconds West 88.43 feet; thence
North 69 degrees 09 minutes 09 seconds West 22.10 feet to the easterly right of way line of State Highway No.
41; thence South 20 degrees 52 minutes 22 seconds West, along said right of way line 58.70 feet to a point on
the west line of said Southwest Quarter of the Northwest Quarter; thence South 03 degrees 10 minutes 34 seconds
West along said west line 159.50 feet to the point of beginning.
Q
CD
3
I hereby certify that this survey, pion, or report
WOS prepared by me or under my direct supervision
and thot I am a duly Licensed Lond Surveyor under
the to Ws of the stote of Minnesota.
Signature: ;<,f L. <.. -K �-`-'� Lic. No. 46535
Printed Name: LUKE C. KRANZ Date: 6/6/11
/ 3535 VADNAIS CENTER DR
J ST. PAUL AI 5 CEN
pN, 651490.2000
SEH WATTS: 800,,25.2055
n "ww=
EASEMENT EXHIBIT FOR
MINNETONKA WEST MIDDLE SCHOOL
PART OF THE SW1 /4 OF NW1 /4
SEC. 3, T1 16, R23
CARVER CO., EXCELSIOR MN
CHANH 114852
DATE
06/08/11
DRAWN BY: SJP
CHECKED BY:
SURVEYED BY: BL
N0,
I BY
J D ATEI
REVISIONS
DENOTES PROPOSED MUNICIPAL
UTILITY EASEMENT
40 0 40
scale Feet
N 6 ° 53'26 "W
.. ,.?.
y
,I
-• W
uiu >> o
,: cv