D-5 Easement Agreement with Xcel for PIN 251790030CITY OF
CNANHASSEN
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
Website
www.ci.chanhassen.mn.us
D -5
MEMORANDUM
TO: Paul Oehme, Public Works Director /City Engineer 0
FROM: Alyson Fauske, Assistant City Engineer
DATE: July 27, 2015
SUBJECT: Approve Easement Agreement with Xcel Energy for PIN 251790030
(Bluff Creek Preserve Area Located West of Lake Drive West)
PROPOSED MOTION
"The City Council is recommended to adopt the attached resolution dedicating
a utility easement on PIN 251790030 in favor of Xcel Energy as described on
the attached exhibits.
City Council approval requires a super majority vote of the City Council
present.
BACKGROUND
The state Public Utilities Commission has approved Xcel Energy's request to install a
115 kV overhead transmission power line from the substation located south of
Chanhassen High School. This work is part of a regional upgrade project to improve
the load serving capability of the electrical system and improve the operational
flexibility to withstand outages.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Paul Oehme
Grant of Permanent Easement to Xcel Energy
PID 251790030
July 27, 2015
Page 2
The existing poles in the area carry one 115 kV and one 69 kV line. Approximately nine poles will
be installed. The existing 69 kV line will be transferred to the new poles. The existing 115 kV line
will remain on the existing poles, and the additional 115 kV line will be located on the existing poles.
Xcel Energy has indicated that the two, 115 kV are proposed in lieu of one, higher capacity line to
increase the reliability of the system. Additionally one higher capacity line would require existing
equipment and two substations to be retrofit which would significantly increase the project cost. The
69 kV line will remain as it provides service to other communities that are south and east Lake
Minnetonka; elimination of this line would require new transmission lines within a different corridor.
Overhead lines are proposed for safety reasons, reducing the time of an outage, ease of maintenance
and reduced costs. Repair of underground lines is a longer process due to the excavation required,
which results in a delay in restoring service. Installation of underground line is seven to 10 times
more expensive than overhead; user rates would increase to cover the additional cost to bury.
The alignment of the new line considered the stream, wetland, two high pressure gas lines, sewer, and
water main located in the project area. Installation of the new line west of the existing line minimizes
the impacts while considering the system's reliability and its long term maintenance needs. If
wetland impacts exceed %2 acre Xcel Energy must mitigate the impacts.
c: Brian Sullivan, Xcel Energy (via email)
Attachments: Resolution
Easement document and drawing
Email string from Brian Sullivan, Xcel Energy, June 9 through July 6
gAeng \alyson \easements\xcel easement 20150727.docx
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: July 27, 2015 RESOLUTION NO: 2015 -XX
MOTION BY:
SECONDED BY:
A RESOLUTION APPROVING THE CONVEYANCE OF AN EASEMENT
WHEREAS, the City is the owner of Outlot A, Chanhassen Business Center ( "City
Property "); and
WHEREAS, Northern States Power Company, a Minnesota corporation d/b /a Xcel
Energy ( "NSP ") has requested that the City grant NSP an easement over a portion of the City
Property ( "Subject Easement "); and
WHEREAS, Minn. Stat. § 462.365, Subd. 2 requires that the Planning Commission
review the City's proposed disposal of real property for compliance with the comprehensive plan
and to report to the City Council in writing its findings; and
WHEREAS, Minn. Stat. § 462.356, Subd. 2 provides for an exception from the
requirement for review by the Planning Commission upon 2/3 vote of the City Council
dispensing with the requirement and finding that the disposal of the real property has no
relationship to the comprehensive municipal plan.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Chanhassen:
The City Council finds that conveyance of the Subject Easement has no relationship
to the comprehensive municipal plan. The requirements of Minn. Stat. § 462.356 are
hereby dispensed with.
2. The Mayor and City Manager are hereby authorized to execute and deliver an
easement from the City to NSP in the form attached hereto.
Passed and adopted by the Chanhassen City Council this 27th day of July, 2015.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger, Mayor
YES NO ABSENT
EASEMENT
The undersigned, City of Chanhassen, a municipal corporation, under the laws of the State of
Minnesota, hereinafter called "Grantor ", in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration to Grantor in hand paid by Northern States Power Company, a Minnesota
corporation, d/b /a Xcel Energy, hereinafter called "NSP ", does hereby grant unto NSP, its successors and
assigns, the perpetual right, privilege and easement to construct, operate, maintain, use, rebuild, or remove
electric lines with all towers, structures, poles, foundations, crossarms, cables, wires, guys, supports,
counterpoises, fixtures, and devices appurtenant to said lines through, over, under and across the following
described lands situated in the County of Carver State of Minnesota, to -wit:
as described on the attached Exhibit A (hereinafter called "Premises ")
Except for the right of access and temporary construction area, said easement shall be limited to:
as described on the attached Exhibit A (hereinafter called "the Easement Area ")
The rights granted herein may be exercised at any time subsequent to the execution of this
document.
The grant of easement herein contained shall also include the right to enter upon the Premises, to
survey for and locate said lines and shall also include the right to trim or remove from said Easement Area
any structures, trees (including tall or leaning trees located within the Premises adjacent to the Easement
Area, which may endanger said lines by reason of falling thereon) or objects, except fences, which in the
opinion of NSP will interfere with said lines. Grantor agrees not to erect any buildings, structures or other
objects, permanent or temporary, except fences, upon the Easement Area. Grantor further agrees not to plant
any trees within the Easement Area without the prior express written approval from NSP, nor to not perform
any act which will interfere with or endanger said lines.
The grant of easement herein contained shall also include the right of NSP to have reasonable
access to said Easement Area across the Premises. The grant of easement herein contained shall also include
the right of reasonable temporary use by NSP of Premises adjacent to said Easement Area during
construction, repair or replacement of said transmission lines, for additional construction area.
NSP File: R. 23W, Twp. 116N, Section 15.
Line No. 5516, 5569 &0734
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Said electric lines and supporting structures from time to time may be reconstructed or relocated on said
Easement Area with changed dimensions and to operate at different voltages.
The grant herein contained shall also include the right of NSP to permit the attachment of wires of
others to the structures supporting said lines.
Grantor reserves the right to dedicate and have or permit to be improved, maintained, and used
for the purposes of streets, curbs and gutters, sewers, water and underground utilities (hereinafter called
"improvements "), the portion of said Easement Area not occupied by the structures supporting Northern
States Power Company's electric system, provided that said improvements do not in the opinion of NSP
impair the structural or electrical integrity of or ability to maintain said electric system or materially alter
the existing ground elevations; and provided further that all such improvements shall not result in a
ground or other clearance of less than the minimum requirements specified by the National Electrical
Safety Code. Grantor, its agents or assigns must submit plans of improvements or other installations
within the Easement Area for review, compliance and written approval by NSP prior to installation of the
improvements.
Grantor also reserves the right to cultivate, use and occupy said Easement Area, in a manner that is
not inconsistent with NSP's rights granted herein.
NSP shall pay for all damages to landscaping, roads and driveways, fences, livestock, crops, fields
and other property caused by the construction or maintenance of said lines. Claims on account of such
damages may be referred to NSP's nearest office.
Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above
described premises and has the right to sell and convey an easement in the manner and form herein.
Grantor agrees to execute and deliver to NSP, at NSP's cost without additional compensation, any
additional documents needed to correct the legal description of the Easement Area described herein, so that
it describes the Easement Area within the Premises that was originally intended to be granted herein and
which at a minimum provides conductor clearance meeting the requirements of the National Electrical
Safety Code.
It is mutually understood and agreed that this instrument covers all the agreements and stipulations
between the parties and that no representation or statements, verbal or written, have been made modifying,
adding to or changing the terms hereof.
This instrument is exempt from the Minnesota Deed Tax.
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IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly executed as of
the day of , 20
CITY OF CHANHASSEN
Denny Laufenburger, Mayor
Todd Gerhardt, City Manager
STATE OF MINNESOTA )
)SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2004, by Denny Laufenburger and Todd Gerhardt, respectively, the Mayor and City Manager, of the City
of Chanhassen, a municipal corporation, under the laws of the State of Minnesota, on behalf of the
corporation
Notary Public
This Instrument was drafted by: BES
Northern States Power Company d/b /a Xcel Energy
414 Nicollet Mall, MP 7
Minneapolis, MN 55401
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NORTHERN STATES POWER
MINNESOTA
EXHIBIT A SHEET 1 OF 2 SHEETS
Certificate of Survey
Location: City of Chanhassen, Carver County, Minnesota
Grantor: City of Chanhassen
See sheet 2 of 2 for descriptions.
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AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER
THE W O THFjr OF MINNESOTA.
LINE: 5516
PARCEL: CH AKIN ASSEN PETER D. GITZEN LIC. NO. 44901
SEC. 15, 1.116N., R.23W., 5TH P.M.
CO.: CARVER DATE e /b/ is
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NORTHERN STATES POWER
MINNESOTA
EXHIBIT A SHEET 2 OF 2 SHEETS
Certificate of Survey
Location: City of Chanhassen, Carver County, Minnesota
Grantor: City of Chanhassen
"Premises ":
Outlot A, Chanhassen Business Center, according to the plat thereof on file or
of record in the office of the Register of Titles, Carver County, Minnesota.
"Easement Area ":
An easement over, under and across that part of the herein before described
"Premises" lying westerly of the following described line:
Commencing at the southwest corner of Outlot A, Chanhassen Business
Center; thence South 88 degrees 26 minutes 24 seconds East 17.53
feet along the south line of said Outlot A, Chanhassen Business Center
to the point of beginning of the line to be described; thence North 00
degrees 11 minutes 05 seconds East 228.92 feet; thence North 01
degrees 09 minutes 14 seconds West 397.38 feet; thence North 12
degrees 18 minutes 05 seconds East 65.20 feet to the northerly line of
said Outlot A, Chanhassen Business Center and said line there
terminating.
Containing 0,29 acres, more or less.
LINE: 5516
PARCEL:CHANHASSEN
SEC. 15, T.116N., R.23W., 5TH P.M.
CO.: CARVER
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µ
Xcel Energy®
RESPONSIBLE BY NATURE®
414 NICOLLET MALL, MP -76, MINNEAPOLIS, MN 55401
612 - 330 -5925; brian .e.sullivan(cDxcelenergy.com
Easement Exhibit
for
LINE 5516
Section 15 & 22, T.1 16N., R.23W.
Carver County, MN
CHANHASSEN
HIGH SCHOOL
INDEPENDENT SCHOOL
DISTRICT 112
11 PEAVEY ROAD
CHASKA, MN 55316 -2321
NORTHERN STATES POWER
MINNESOTA
EXHIBIT A SHEET 1 OF 2 SHEETS
Certificate of Survey
Location: City of Chanhassen, Carver County, Minnesota
Grantor: City of Chanhassen
See sheet 2 of 2 for descriptions.
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AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER
THEGTH T TE OF MINNESOTA.
LINE: 5516 PETER D. GITZEN U LIC. NO. 44901
PARCEL:CHANHASSEN
SEC. 15, T.1 16N., R.23W., 5TH P.M. I
CO.: CARVER DATE
NORTHERN STATES POWER
/
MINNESOTA
I
EXHIBT A SHEET 2 OF 2 SHEETS
Certificate of Survey
Location: City of Chanhassen, Carver County, Minnesota
Grantor: City of Chanhassen
"Premises ":
Outlot A, Chanhassen Business Center, according to the plat thereof on file or
of record in the office of the Register of Titles, Carver County, Minnesota.
"Easement Area ":
An easement over, under and across that part of the herein before described
"Premises" lying westerly of the following described line:
Commencing at the southwest corner of Outlot A, Chanhassen Business
Center; thence South 88 degrees 26 minutes 24 seconds East 17.53
feet along the south line of said Outlot A, Chanhassen Business Center
to the point of beginning of the line to be described; thence North 00
degrees 11 minutes 05 seconds East 228.92 feet; thence North 01
degrees 09 minutes 14 seconds West 397.38 feet; thence North 12
degrees 18 minutes 05 seconds East 65.20 feet to the northerly line of
said Outlot A, Chanhassen Business Center and said line there
terminating.
Containing 0.29 acres, more or less.
LINE: 5516
PARCEL:CHANHASSEN
SEC. 15, T.116N., R.23W., 5TH P.M.
CO.: CARVER
Fauske, Alyson
From: Sullivan, Brian E [ Brian .E.Sullivan @xcelenergy.com]
Sent: Monday, July 06, 2015 5:14 PM
To: Fauske, Alyson
Subject: RE: Expanded Power Line Easement for New Poles
Hello Alyson,
It is technically feasible to combine the two 115kV lines, but that would increase the scope of the project and
add dramatically to the costs. The three lines are part of the plan to increase the reliability of the system in an
environmentally and cost efficient manner. Combining the two 115kV lines would require tearing out the
existing equipment and rebuilding the substations in Eden Prairie and Bluff Creek.
The 69kV line provides electric service to the communities that are located to the south and east of Lake
Minnetonka. Eliminating this line would required new transmission lines to be built in a new corridor.
The benefit of overhead lines include safety, ease of maintenance and costs. With buried lines, an outage or
maintenance activities would require brining in excavating equipment that would disturb the wetlands. It is a
much slower process to uncover buried lines, potentially delaying the restoration of power by days or weeks.
Installation and operation costs for underground lines run 7 to 10 times more than the cost of building
overhead. Additional costs for burying the line would be passed on to the electric customer through rate
increases.
Alternative scenarios for the proposed lines have been vetted by the Public Utilities Commission. The Public
Utilities Commission granted Xcel Energy a permit to construct the proposed transmission lines in part
because it utilizes an existing utility line corridor and minimizes the installation and maintenance costs of the
electric system.
I hope that answers your questions.
Brian Sullivan
Xcel Energy
P: 612.330.5925 C: 612.366.0234
From: Fauske, Alyson [ mailto :AFauske @ci.chanhassen.mn.us]
Sent: Thursday, July 02, 2015 4:16 PM
To: Sullivan, Brian E
Subject: RE: Expanded Power Line Easement for New Poles
Hi Brian,
Is it technically feasible to have one, large capacity line in lieu of two, 115 kV and one 69 kV line? Or are the three lines
part of the system redundancy that Xcel is seeking to reduce outages?
What is the benefit of having the lines overhead instead of underground? Safety? Ease of maintenance? Cost benefit?
Thanks,
Alyson
From: Sullivan, Brian E [mailto: Brian .E.SullivanCalxceleneray.com]
Sent: Tuesday, June 30, 2015 5:04 PM
To: Fauske, Alyson
Subject: RE: Expanded Power Line Easement for New Poles
Alyson,
The proposed power line is a 115 kV transmission power line permitted and approved by the Public Utilities
Commission as an overhead transmission line.
The project is a continuation and completion of the regional upgrade project that is called the South West
Twin Cities (SWTC) Phase I group of projects. This project is required to address the thermal, and voltage
problems on the 115kV and 69kV systems between Westgate Substation (WSG) in Eden Prairie, Bluff Creek
Substation (BLC) in Chanhassen and Scott County Substations (SCO) in Shakopee. The project will improve the
load serving capability of the system and significantly improve the operational flexibility to withstand outages.
Currently there are two lines that are located on the existing set of poles located east of the Chanhassen High
School. One line is a 115kV line running from the Westgate Substation and the other is a 69kV line from the
Excelsior Substation. This project provides for the installation of one new 115kV line that along with an
existing 115kV line will connect the Westgate Substation to the Scott County and Minnesota River
Substations, The new 115kV line will be located on the existing power poles and the existing 69kV line will be
transferred to the new set of power poles.
There will be approximately 9 new poles added as part of the project. The new line parallels the existing line
to the point where it ties into the Bluff Creek Substation. Where possible the new power poles are placed in
close proximity to the existing poles.
When determining the best alignment of the new line, environmental resources were taken into account. A
stream and wetland complex are located in the project area. By installing an overhead line west of the existing
power line minimizes impacts. Engineering considerations include avoiding two high pressure gas lines, and
sewer and water main. The proposed alignment took these consideration into account along with system
reliability and longterm maintenance needs.
Attached for your use are several exhibits that show where the power line will be located and our easement
document for review.
Please let me know if there is anything else you need. We can schedule a meeting with one of our engineers
to go over the project in greater detail.
Brian Sullivan
Xcel Energy
P: 612.330.5925 C: 612.366.0234
From: Fauske, Alyson [ mailto :AFauskeCcbci.chanhassen.mn.us]
Sent: Monday, June 15, 2015 10:05 AM
To: Sullivan, Brian E
Subject: FW: Expanded Power Line Easement for New Poles
Hello Brian,
I will be working with you to get Chanhassen council approval of the easement. Your message and plans have been
forwarded to Chanhassen's Community Development Dept to ensure that all necessary reviews are done. The earliest
you could get council approval is at the July 27 meeting. Please let me know if you'd like to be on this meeting or a later
one (council meetings are the 2nd and 4tb Mondays of the month).
In addition to the easement document and supporting exhibits, I would like to include some additional information in
the council memo. Please provide information as follows:
1) Is this a distribution or transmission line?
2) Explanation of why the additional line is needed. Can't the existing line in the corridor be replaced?
3) A brief explanation of why the new line is overhead instead of underground.
4) The number of new poles that will be installed.
If you have any questions you can contact me.
Thank you,
Alyson Fauske, PE
Assistant City Engineer
City of Chanhassen
7700 Market Blvd
PO Box 147
Chanhassen MN 55317
ph: 952.227.1164
From: Oehme, Paul
Sent: Tuesday, June 09, 2015 3:31 PM
To: Fauske, Alyson
Subject: FW: Expanded Power Line Easement for New Poles
Do you or Stephanie what to start the review on this? Looks like there may be some wetland impacts. SL can work on
the permit but we should work on review of the easement.
Thanks,
Q City of Chanhassen
PAUL OEHME, P.E.
Public Works Director /City Engineer
P.O.Box 147
7700 Market Blvd.
Chanhassen, MN 55317
direct(952)227 -1169
From: Hoffman, Todd
Sent: Tuesday, June 9, 2015 3:02 PM
To: Aanenson, Kate; Petersen, Chelsea; Oehme, Paul; Johnson, Don
Subject: FW: Expanded Power Line Easement for New Poles
Who should review /process this request from Xcel Energy for additional power line easement?
From: Sullivan, Brian E [mailto: Brian .E.Sullivan @xcelenergy.com]
Sent: Tuesday, June 09, 2015 2:55 PM
To: Hoffman, Todd
Subject: RE: Expanded Power Line Easement for New Poles
Todd,
Thanks for your quick response. Attached are a couple of exhibits showing the location of existing power lines
and the proposed power line. Two additional exhibits show the location of the easements on an aerial
photograph and a survey of the easement across City property. I will begin drafting an easement document in
the next few days and get a copy of that off to you as well. If a detailed explanation of why we choose the
proposed alignment, I can bring down a transmission engineer to go through their design process.
I have a voice mail in to the school district
Thanks
Brian Sullivan
Xcel Energy
P: 612.330.5925 C: 612.366.0234