City Council Resolution 2013-39CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2013-039
APPROVING EASEMENT AGREEMENT WITH IRET PROPERTIES FOR
A PERMANENT EASEMENT FOR PUBLIC STREET, TRAIL, DRAINAGE, AND
UTILITY PURPOSES AND A TEMPORARY EASEMENT FOR CONSTRUCTION
PURPOSES FOR THE WEST 71H STREET EXTENSION, CITY PROJECT NO. 12CO02
WHEREAS, West 7`h Street will be realigned as part of the City of Monticello's West 7t' Street
Extension Project, City Project No. 12C002; and
WHEREAS, IRET Properties owns property which will be used for a portion of the West 7h
Street realignment, a trail on the north side of the West 7`h Street extension, and for drainage and
utility purposes; and
WHEREAS, IRET Properties and the City of Monticello agree to establish a permanent
easement across said property as defined in Exhibit "A"; and
WHEREAS, IRET Properties and the City of Monticello agree to establish a temporary easement
for construction purposes across said property as defined in Exhibit "A ", said temporary
construction easement shall expire on June 30, 2014;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monticello,
Minnesota, said Easement Agreement outlining the permanent easement and the temporary
construction easement granted by IRET Properties is hereby approved.
ADOPTED BY the Monticello City Council this 13th day of May, 2013.
114IYI1 41M s1e(!Y 400IRe7
Clint Herbst, Mayor
ATTEST:
6�4e &kzl j
J f OW11, City Administrator
Iii.610 YIOu
Insert copy of Grant of Easement Document
GRANT OF PERMANENT EASEMENT
IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP (the
"Grantor "), in consideration of One Dollar ($1.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the CITY
OF MONTICELLO, a Minnesota municipal corporation (the Grantee, hereinafter referred to as
the "City "), its successors and assigns, a permanent easement for public street, trail, drainage and
utility purposes and a temporary construction easement for construction purposes over, on,
across, under, and through the land situated in the County of Wright, State of Minnesota, legally
described on the attached Exhibit "A," and as depicted on the attached Exhibit "B" for the West
7"' Street Extension Project, City Project No. 12CO02
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public street, trail, drainage and utility systems over, across, on, under,
and through the permanent easement premises (collectively, the "Improvements "), together with
the right to grade, level, fill, drain, and excavate the permanent easement premises
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.
The City shall maintain the Improvements in good repair so that no unreasonable damage
will result to Grantor's real property. The City shall restore any surface disturbance to the
easement premises resulting from the installation, operation, maintenance, and replacement of
the Improvements over, under and through the permanent easement premises to as near the
original setting as reasonably possible. The City shall have the right, exercisable upon giving
Grantor at least thirty (30) days prior written notice, to remove any obstructions from the
permanent easement premises, including but not limited to trees, shrubs, growth, and structures,
that materially and adversely interfere with the construction and maintenance of the
Improvements.
Grantor shall have the right to use and enjoy the easement premises (including without
limitation the right to use the surface of the permanent easement premises for pedestrian or
vehicular access), provided that such use and enjoyment shall not materially and unreasonably
interfere with or impair the City's right to install, repair, maintain and /or have access to the
Improvements, and further provided that Grantor shall not materially or unreasonably interfere
with or impair in any way the exercise of the rights herein granted to the City.
Said temporary construction easement expires June 30, 2014.
As a condition for the granting of this easement by the Grantor, the City agrees that it will
not initially assess the Grantor for any improvements to the right of way. However, should the
Grantor or its successors subsequently request and receive any additional access from West 7ih
Street, then an assessment may be levied at that time as determined by the City.
2
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this (t day
of May, 2013
GRANTOR:
IRET PROPERTIES, A NORTH
DAKOTA LIMITED PARTNERSHIP
By: ,(REY, Inc., its General Partner
A. Bosh
e Vice President
STATE OF NORTH DAKOTA
) ss.
COUNTY OF WARD )
The foregoing instrument was acknowledged before me this 1-11nday of May, 2013, by
Michael A. Bosh, the Executive Vice President of IRET, Inc., the General Partner of IRET
Properties, a North Dakota Limited Partnership, on behalf of said partnership, Grantor.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
JJJ /cjh
7Notary OYKO
Public
Starth Dakota
My Commi pires Doc 13.2018
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
A permanent easement for street, trail, drainage and utility purposes, over, under, and across that part of
the tract described in Exhibit A lying southerly of Line A described as follows: Commencing at the
Northwest Corner of the Northwest Quarter of the Southwest Quarter of Section 11, Township 121,
Range 25; thence South 00 degrees 13 minutes 42 seconds West, assumed bearing along the west line
thereof, 461.53 feet to the point of beginning of Line A to be hereinafter described; thence easterly along
a non - tangential curve, concave to the north, 178.12 feet, having a radius of 416.00 feet, central angle of
24 degrees 31 minutes 56 seconds, chord bearing of South 78 degrees 49 minutes 12 seconds East and
a chord distance of 176.76 feet and said Line A there terminating.
And also
A permanent easement for construction purposes, over, under, and across that part of the tract described
in Exhibit A lying northerly of said Line A and southerly of Line B described as follows: Commencing at
the Northwest Corner of the Northwest Quarter of the Southwest Quarter of Section 11, Township 121,
Range 25; thence South 00 degrees 13 minutes 42 seconds West, assumed bearing along the west line
thereof, 448.43 feet to the point of beginning of Line B to be hereinafter described; thence easterly along
a non - tangential curve, concave to the north, 178.12 feet, having a radius of 404.00 feet, central angle of
25 degrees 15 minutes 52 seconds, chord bearing of South 78 degrees 27 minutes 14 seconds East and
a chord distance of 176.70 feet and said Line B there terminating.
And also
A temporary construction easement for drainage and utility purposes, over, under, and across that part of
the tract described in Exhibit A lying northerly of said Line B and southwesterly of the following described
line: Commencing at the Northwest Corner of the Northwest Quarter of the Southwest Quarter of Section
11, Township 121, Range 25; thence South 00 degrees 13 minutes 42 seconds West, assumed bearing
along the west line thereof, 364.67 feet to the point of beginning of the line to be hereinafter described;
thence South 31 degrees 11 minutes 16 seconds East, 124.43 feet to said Line B and there terminating.
EXHIBIT "B"
TO
GRANT OF PERMANENT EASEMENT
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W. 7TH STREET EXTENSION PROJECT
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