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Home My WebLink About05-062 - ADMIN Resolution - City Council - 2005/04/18• 0 RESOLUTION NO. 05 - 062 RESOLUTION GRANTING TELECOMMUNICATIONS EASEMENT OVER PORTION OF CITY HALL PROPERTY NORTHERN BOUNDARY ALONG 5005 MINNETONKA BOULEVARD WHEREAS, the L City Council has received a request for easement for telecommunications purposes over the northern boundary along 5005 Minnetonka Boulevard as described below; and WHEREAS, the City Council has determined that the granting of said easement will not hinder the use of City Hall for its intended public purposes, and that it is for the best interest of the public that said easement be granted; NOW THEREFORE BE IT RESOLVED, that the City of St. Louis Park grants the following descnbed easement within the corporate limits of the City of St. Louis Park. Descnption of Property: The West 5/8 of the Northeast Quarter of the Northwest Quarter and the East 1/8 of the Northwest Quarter of the Northwest Quarter of Section 6, Township 28, Range 24, except the East 250 feet of said premises and except the West 250 feet of said premises, excepting that portion taken for road or highway purposes. Descnption of Easement: An easement for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at northeast corner of said Northwest Quarter of Section 6; thence North 89 degrees 52 minutes 11 seconds West 845.15 feet along the north line of said Northwest Quarter of Section 6; thence South 00 degrees 07 minutes 49 seconds West 33.00 feet to the point of beginning for the easement to be descnbed; thence continuing South 00 degrees 07 minutes 49 seconds West 20.00 feet; thence South 89 degrees 52 minutes 11 seconds East 10.00 feet; thence North 00 degrees 07 minutes 49 seconds East 20.00 feet; thence North 89 degrees 52 minutes 11 seconds East 10.00 feet to the point of beginning. Contains 200 square feet, more or less. An easement for telecommunication purposes under and across the herein before descnbed property, which lies 5 00 feet southerly of the following descnbed line: Beginning at the point of beginning for the herein before descnbed easement; thence North 89 degrees 52 minutes 11 seconds East 312.32 feet to the east line of the existing easement shown in C.R. Doc. No. 1408474 and said line there terminating. 111 It is intended that the sidelines of the last descnbed easement be extended or shortened to intersect with said east line of the existing easement shown in C.R. Doc. No. 1408474. Contains 1,562 square feet, more or less. Resolution No. 05-062 -2- The purpose of the easement is restncted to telecommunication equipment cabinets and related appurtenances such as electnc power source and meter. BE IT FURTHER RESOLVED that the City'Council hereby authonzes and directs the Mayor and it City Manager to execute an Easement Agreement for said easement on behalf of the City. R viewer for Administration: Adopted by the City Council Apnl 18, 2005 ki May r City M Attest: er ty Clerk Resol uSoh dS- 0 Z RECORDING INFORMATION ABOVE EASEMENT AGREEMENT CORPORATE EASEMENT The undersigned ("Grantor") for and in consideration of $2000.00 (Two Thousand) 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 Hennepin, 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 NW 1/ of Section 6, Township 28 N, Range 24 W, of the 4th P.M. Grantor further conveys to Grantee the nght 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 nght to clear and keep cleared all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area The purpose of the easement is restricted to telecommunication equipment cabinets and related appurtenances such as electnc power source and meter. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's neghgent exercise of the nghts and pnvileges 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, use and cultivate the Easement Area for all purposes not inconsistent with the nghts herein granted R/W # Initial Page 1 of 3 r CONT A.: T NO. 34»05 CITY OF ST. LOUIS PARC Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the ® Easement Area Grantor will warrant and defend title to the Easement Area against all claims 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 nghts, 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 Any claim, controversy or dispute ansmg out of this Agreement may be settled by arbitration m accordance with the applicable rules of the Amencan Arbitration Association, and judgement upon the award rendered by the arbitrator may be entered m any court having jurisdiction thereof The arbitration shall be conducted m the county ie the Easement Area is situated GRANTO' ity of St. Louis Park G City o St. Louis Park - ye (e., It& . Its. City Manager Its. Mayor STATE OF Minnesota 411 COUNTY OF Hennepm ) ss The foregoing mstrument was acknowledged before me this f2 day of Adam , 2005, by 170 kr, )arrrre , as City Manager of the City of St Louis Palk, a corporation under the laws of the State ofesota, real property in Hennepin County, Minnesota. [NOTARY SEAL] NANCY J. STROTH NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2010 $ ,r.!!I�l./✓11.1.111-llf-/l.././I✓.!.!./1./J� Witness my hand and official seal. )'letiv-f-g019; \n$9 -..17c Public My commission expires: / — 31' 70 / 0 Page 2 of 3 STATE OF Minnesota ) ss COUNTY OF Hennepin ) The foregoing instrument was acknowledged before me this �1- day of , 2005, by - .TA Cep kc as Mayor of the City of St Louis Park, a c oration under the laws of the State of Minnesota, real property in Hennepin County, Minnesota [NO ANCY J. STROTH NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2010 .�.rll. ...CIIJl/lI • J,/` �lf�,/111l./y(lll This Instrument Drafted By: Qwest Corporation 1801 California St., Suite 5100 Denver, CO 80202 R/W No Exchange Beard 1/4 Section NW Section Witness my hand and official seal My commission expires. / —3/ _ 2-4D/ 0 RECORD AND RETURN TO: Ulteig Engineers 5201 East River Road, Suite 308 Minneapolis, MN 55421 Job No 41 MK997 County Hennepin 06 Township 028 N Range 24 W Page 3 of 3 Blsmar& - Detroit Lakes - Fargo . Minneapolis - Sioux Falls 5201 East River Road Suite 308 Minneapolis, Minnesota 55421 Phone 763 571.2500 Fax 763 571 1188 Web www ulleig cram EXHIBIT A SHEET I OF 3 SHEETS Certificate of Survey for: QWEST CORPORATION Job Number: 41MK997 Location: City of St. Louis Park, Hennepin County, Minnesota See sheet 3 of 3 for legal descriptions • 250 MINNETONKA BLVD -- I EXCEPTION i , tili I,' '• r. r. zZ Z W Z Z J 250 PRO. EASEMENT SEE SHEET 2 EX. QWEST EASEMENT PER C.R. DOC. NO. 1408474 N89'52'11 "W — —845.15— -- 250 250 EXCEPTION • , \ , , ,•1 1,1, , / 1 , . . . , / . r - •%F �` ii L_ I LEGEND • —Denotes Monument Found o —Denotes Monument Set w/Cop #14889 ,SOB NO.: 204.1463 C. 6, T. 28 N., R. 24 W., 4TH PM. CO.: HENNEPIN E. LINE -W 5/8 -NE 1/4 -NW 1/4 -SEC 6 SCALE: 1" = 240' N. LINE NE 1/4 SEC 6 NE COR NW 1/4 SEC 6 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 MINNA. WALTER J./ I RY DATE . dv� LIC. NO. 14889 Bismarck • Detroit Lakes - Fargo • Minneapolis • Sioux Falls 5201 East River Road Suite 308 Minneapolis, Minnesota 65421 Phone 763 671 2500 Fax 783 5711188 Web www utleig oom EXHIBIT A SHEET 2 OF 3 SHEETS Certificate of Survey for: QWEST CORPORATION Job Number: 41MK997 Location: City of St. Louis Park, Hennepin County, Minnesota See sheet 3 of 3 for legal descriptions SCALE: 1" = 50' M - N) r') M M M 4 6- MINNETONKA BLVD 15.00 7 '- EXISTING QWEST 10X10 EASEMENT PER C.R. DOC. No. 1408474. - -L6- - 5' STRIP EASEMENT LINE TABLE LINE BEARING LENGTH L1 S00'07'49"W 33.00 L2 S00'07'49"W 20.p0 L3 S89'52'11"E 10.00 L4 N00'07'49"E 20.00 L5 N89'52'11 "W 10.00 L6 N89'52'11 "W 312.23 -, P.O.B. FOR EASEMENT P.O.B. FOR LINE _, 5.00 10'x20' EASEMENT I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR LEGEND REPORT WAS PREPARED BY ME OR UNDER MY DIRECT o —Denotes Monument Set SUPERVISION AND THAT I AM A DULY LICENSED LAND w/Cap #I4889 SURVEYOR UNDER THE LAWS OF THE STATE OF MINNESAT OB NO.: 204.1463 SEC. 6, T. 28 N., R. 24 W., 4TH PM. WADER J. - GO� LIC. NO. 14889 CO.: HENNEPIN DATE 0 Bismarck • Detroit Lakes - Fargo • Minneapolis - Sioux Falls 5201 East River Road Suite 308 Minneapolis, Minnesota 55421 Phone 783 571 2500 Fax 763 5711168 Web www ulleig com EXHIBIT A SHEET 3 OF 3 SHEETS Certificate of Survey for: QWEST CORPORATION Job Number: 41MK997 Location: City of St. Louis Park, Hennepin County, Minnesota Description of Property: The West 5/8 of the Northeast Quarter of the Northwest Quarter and the East 1/8 of the Northwest Quarter of the Northwest Quarter of Section 6, Township 28, Range 24, except the East 250 feet of said premises and except the West 250 feet of said premises, excepting that portion taken for road or highway purposes. Description of Easement: An easement for telecommunication purposes over, under and across the herein before described property, described as follows: Commencing at the northeast corner of said Northwest Quarter of Section 6; thence North 89 degrees 52 minutes 11 seconds West 845.15 feet along the north line of said Northwest Quarter of Section 6; thence South 00 degrees 07 minutes 49 seconds West 33.00 feet to the point of beginning for the easement to be described; thence continuing South 00 degrees 07 minutes 49 seconds West 20.00 feet; thence South 89 degrees 52 minutes 11 seconds East 10.00 feet; thence North 00 degrees 07 minutes 49 seconds East 20.00 feet; thence North 89 degrees 52 minutes 11 seconds East 10.00 feet to the point of beginning. Contains 200 square feet, more or less. An easement for telecommunication purposes under and across the herein before described property, which lies 5 00 feet southerly of the following described line: Beginning at the point of beginning for the herein before described easement; thence North 89 degrees 52 minutes 11 seconds East 312.32 feet to the east line of the existing easement shown in C.R. Doc. No. 1408474 and said line there terminating. It is intended that the sidelines of the last described easement be extended or shortened to intersect with said east line of the existing easement shown in C.R. Doc. No. 1408474. Contains 1,562 square feet, more or less. IJ08 NO.: 204.1463 SEC. 6, T. 28 N., R. 24 W., 4TH PM. CO.: HENNEPIN