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1b. Approve Amendment ot Easement Agreement Nos. 8 & 9 for Upper Bluff Creek Trunk Utility Improvement Project 91-17A /b. I . ..„. iii CITY OF 1 CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, Mk I (612) 937 -1900 • FAX (612) 937 -5739 6idorsed Mod 1 MEMORANDUM lte/oc d TO: Don Ashworth, City Manager listo Submitted to Commission 1 FROM: Charles Folch, City Engineer ek ' DO UMW fa raid DATE: April 19, 1993 I SUBJ: Approve Amendment to Easement Agreement Nos. 8 and 9 for Upper Bluff Creek Trunk Utility Improvement Project No. 91 -17A 1 Back in late 1992 the City had prepared and approved easement agreements for Easement Nos. 8 and 9 I associated with the Upper Bluff Creek Trunk Utility Improvement Project No. 91 -17A. The property owner for Easement No. 8 is Gayle and Lois Degler. The property owner for Easement No. 9 is Dean and Lois Degler. Both property owners are generally satisfied with the easement agreement; however, they have requested that special language be included in the agreement to address compensation for crop damage should the City need I access to the property to repair the trunk sewer line in the future. The specific language relating to this has been included in paragraph 2 on page 3 of the agreement (see attached). l In a residential situation the City will normally restore with seed or sod any turf areas that are damaged due to a utility line repair. In the case of agricultural property, the City does not have the ability to restore crops which may be planted over a utility easement. The Deglers wish to be treated equally and compensated according to the fair market value of any crop damage that may occur due a utility line repair. Given that these trunk utilities I are a new installation, it is not likely that the City would need to do any repairs on this line for quite some time. Therefore, the chance that this stipulation would be acted upon is relatively slim at best. The crop damage stipulation is limited to the Deglers' ownership of the property and any crops planted. A sale or lease of the 1 property shall waive this stipulation. Given the low probability that this clause would have to be exercised, staff does not view this as an element of I financial significance. Therefore, it is recommended that the amendment to easement agreement Nos. 8 and 9 providing for compensation for crop damage to Gayle and Lois Degler and Dean and Lois Degler be approved. ktm I Attachment: 1. Location map. 2. Page 3 of amended Easement Agreement No. 8. 1 3. Page 3 of amended Easement Agreement No. 9. c: Dave Hempel, Assistant City Engineer 1 Jerry Boucher, Utility Superintendent Phil Gravel, BRA Gary Fuchs, City Attorney Gayle & Lois Degler 1 Dean & Lois Defiler t t«r PRINTED ON RECYCLED PAPER • 1 '` d© m 6 . .. rj. ``t� Si p n� �i O •1 ' i it k ,'S,• S ft ;: C N X. • mg >3 I I II N r y �-. aAi j ry� N �r M 1 '� S Q 0 1 i"R ■ J- 1 ' 1 1 H �. ,05C-S9. a© 1 j j 2 N -1 f r I • r , ., ' �mQI�A<� g.:- ,I x A 1 - li < ° m pN Ac, 1 e rt i is m , Jl�` --si h 1 • _ �; g� H I ra- L °F. a f I C'''' m rDA I . - aD A A 1 iii 1 J v 11 r z 4° 11 I 1 D 1 I I 1 Z co 1 , V ' 1 Vie; D m p EMIR id .• - _. ; 2 jr 144 � . -. a ..' .. r A "'z 1 • :; I 1 1 Z 8 n I �' G m i.; N g p Q (/) E m AA I: > : v. 1. 1 { 1 Om . j 0 ! -1 m > m m _ II , A Z 1 I Z 3 s i :: fi e.. D i '. A � , • • 4D Ir. : — m= 1 r a A II ° 3 1 1 rri li CO : I: - ; i: rn ylg V • 1 .I. �. 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P ' CHANHASSEN, MINNESOTA `°"" " ° ""'" "'""° '"" "" "° A,rw r .r. aArr111w1� w „L c. w en . colt., ■..A:ea, »o .7 1 BoneMroe � a,o,m ""` n oavaw o•o.m ...low. �.• ra UPPER BLUFF CREEK TRUNK SANITARY SEWER p Rrilka """ ` "" d '°°" w nj ti� 4- 4meAd rnw.n+ 477 Easainnewm -can' `- tO° . g the County of Carver and State of Minnesota as described in 1 attached Exhibit "A "; INCLUDING the rights of the City, its contractors, agents, II servants and assigns, to enter upon the easement premises at all 1 reasonable times to construct, reconstruct, inspect, repair and maintain the public utility systems over, across, on, under and I through the permanent 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, I undergrowth and other obstructions interfering with the location and construction and maintenance of said public improvements. 1 4 In the event the City or its contractors, agents, servants or assigns enters the permanent easement area while Gayle O. 1 Degler or Lois J. Degler, or both, own the underlying fee title I to the permanent easement area, and cause damage to crops owned by Gayle 0. Degler or Lois J. Degler and then planted or existing III within or outside of the permanent easement area, the City will compensate Gayle 0. Degler or Lois J. Degler for damage to the 1 1 fair market value of the crop. This obligation for compensation is personal and shall be for the sole benefit of Gayle 0. Degler I and Lois J. Degler and shall not inure to or benefit any tenant, 1 heir, successor or assign of either Gayle 0. Degler or Lois J. + y Degler. II The above named Grantors, for themselves, their successors, heirs and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of the above 3 1 -' iev\r Aci wl Q, 4-- ` c ( + •? the County of Carver and State of Minnesota as described in attached Exhibit "A "; INCLUDING the rights of the City, its contractors, agents, ' servants and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair and maintain the public utility systems over, across, on, under and through the permanent easement premises, together with the right 1 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 and construction and maintenance of said public improvements. In the event the City or its contractors, agents, servants ' or assigns enters the permanent easement area while Lois Degler ' or Dean Degler, or both, own the underlying fee title to the permanent easement area, and cause damage to crops owned by Lois 1 Degler or Dean Degler and then planted or existing within or outside of the permanent easement area, the City will compensate ' Lois Degler or Dean Degler for damage to the fair market value of ' the crop. This obligation for compensation is personal and shall be for the sole benefit of Lois Degler and Dean Degler and shall not inure to or benefit any tenant, heir, successor or assign of either Lois Degler or Dean Degler. 1 The above named Grantors, for themselves, their successoY'9, heirs and assigns does covenant with the City, its successors and ' assigns, that they are well seized in fee title of the above described temporary and permanent easement premises and that they 1 3 04/26/93 16:05 $612 452 5550 CAMPBELL KNTJTSON -444 CHAN, CITY HALL 61/2&/93 0p4/00 , b R•Ewse ht me- -Nz)ii 1 &7(T - 7a AA.9 the County of Carver and State of Minnesota as described in attached Exhibit "A "; INCLUDING the rights of the City, its contractors, agents, 1 servants and assigns, to enter upon the easement premises at all ' reasonable times to construct, reconstruct, inspect, repair and maintain the public utility systems over, across, on, under and through the permanent easement premises, together with the right to grade, level, fill, drain, pave and excavate the easement 1 premises, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location ' and construction and maintenance of said public improvements. In the event the City or its contractors, agents, servants or assigns enters the permanent easement area while Lois Degler or Dean Degler, or both, or Lois J. Degler or Gayle 0. Degler, or both, own the underlying fee title to the permanent easement ' area, and cause damage to crops owned by Lois Degler or Dean Degler or owned by Lois J. Degler or Gayle 0. Degler and then planted or existing within or outside of the permanent easement area, the City will compensate Lois Degler or Dean Degler or Lois J. Degler or Gayle 0. Degler for damage to the fair market value ' of the crop. This obligation for compensation is personal and shall be for the sole benefit of Lois Degier and Dean Degier and Lois J. Degier and Gayle 0. Degler and shall not inure to or ' benefit any other tenant, heir, successor or assign of either Lois Degler or Dean Degler or of Lois J. Degler or Gayle 0. 1 Degler. 3 t 7T /f ltvT - #3