We are committed to igniting a passion for lifelong learning.

www.sowashco.org

South Washington County Schools Keith Jacobus, Ph.D., Superintendent

District Service Center 7362 E. Point Douglas Rd. S.

Cottage Grove, MN 55016

Phone: 651-425-6300 Fax: 651-425-6318

ADMINISTRATIVE REPORT

TO: Members of the School Board Keith Jacobus, Superintendent

FROM: Dan Pyan, Director of Finance and Operations 425-6260

DATE: April 16, 2020 TOPIC/PURPOSE OF REPORT: Approve Easement Agreement with City of Woodbury REFERENCE TO POLICY/STRATEGIC PLAN: Policy 701, 702 RECOMMENDED BOARD ACTION: Approval DATE FOR BOARD ACTION: April 23, 2020

REPORT Please approve the attached Easement Agreement with the City of Woodbury. The easement is needed for the city to complete work on extending Hargis Parkway to Woodlane Drive. The easement is on the south side of the Bailey Elementary School property.

6.10

EASEMENT AGREEMENT

THIS INSTRUMENTis made by Independent School District No. 833, LLC a body politicand corporate, Grantor, in favorofthe City of Woodbury, a Minnesota municipal corporation, Grantee

(the “City”).

Recitals

A. Grantor is the fee owner of the following described property in Washington County,

Minnesota:

The Northwest Quarter of the Northwest Quarter, except the West 250.00 feet ofthe South 70.00 feet in Section 29, Township 28, Range 21 West, Washington

County, Minnesota.

(the “Property”).

B. Grantor desires to grant to the City a temporary construction easement and a permanentroadwayandutility easement, according to the terms and conditions contained herein.

Terms of Temporary Construction Easement

1. Grant of Temporary Construction Easement. For good and valuable consideration, receipt ofwhich is acknowledged by Grantor, Grantor grants and conveys to the City the following temporary

construction easement whichis described and depicted on Exhibit A attached hereto (the “ Temporary

Easement Area”).

2. Scope of Easement. The above-described easement includes the rights of the City, its

contractors, agents, and employees to enter the Temporary Easement Areaatall reasonable timesfor the purposes of grading and sloping, the operation and storage of equipment, the movement,

placementand storage of materials to use for the grading project on the Property (the “Work”).

The temporary easement granted herein also includesthe right to cut, trim, or remove any

landscaping, improvements, or vegetation within the Easement Area that in the City’s judgment

unreasonably interferes with the Work. The City will restore the vegetation and landscaping thatis within the Temporary Easement Area to the condition that it was in prior to the Work being

performed. Restoration will be completed no later than expiration date of this easement.

Grantor will not erect, construct, or create any building, improvement, obstruction or

structure of any kind within the Temporary Easement Area during the termofthis easement, either

above or belowthe surface or change the grade thereof without the express written permission of

the City.

3. Warranty of Title. Grantor warrantsthat it is the fee ownerof the Property and that it has

the right, title, and capacity to convey the easementhereinto the City.

4. Binding Effect. The terms and conditions ofthis instrument shall run with the land and be

binding on Grantors and its heirs, successors, and assigns.

de Environmental Matters. The City shall not be responsible for any costs, expenses,

damages, demands, obligations, including penalties and reasonable attorneys” fees, or losses

resulting from any claims, actions, suits, or proceedings based upona release or threat of releaseof any hazardous substances, pollutants, or contaminants that may have existed on, orthat relate

to, the Easement Areaorthe Property prior to the date of this instrument.

6. Term. The temporary easement will commence April __, 2020 and will automatically

terminate August 31, 2022. Alternatively, the City may elect to terminate the temporary easementprior to the termination date and will record a termination in the Washington County Recorder’s

Office at that time.

Terms of Roadwayand Utility Easement

1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged

by Grantor, Grantor grants and conveysto the City a perpetual easementforpublic roadway, drainage

and utility purposes which is described and depicted on Exhibit A attached hereto (the “Easement

Area”).

2: Scope of Easement The easement granted herein includes the right of the Grantee, itscontractors, agents, and employeesto enter the premisesat all reasonable times for the purpose of

locating, constructing, reconstructing, operating, maintaining, inspecting, altering and repairing

within the Easement Area a public roadway, storm sewer, sanitary sewer and waterfacilities,ground surface drainage ways and sidewalk, or other public facilities or improvements of any type

that are not inconsistent with a public right-of-way use.

The Easement granted herein also include(s) the right to cut, trim, or remove from the

Easement Area trees, shrubs, or other vegetation that, in the Grantee's judgment, unreasonably

interfere with the Easementorfacilities of the Grantee, its successors orassigns.

3. Warranty of Title. Grantor warrantsthat it is the fee ownerof the Property and thatit has

the right, title, and capacity to convey the easementhereinto the City.

4. Binding Effect. The terms and conditions ofthis instrument shall run with the land and be

binding on Grantors andits heirs, successors, and assigns.

5. Environmental Matters. The City shall not be responsible for any costs, expenses,damages, demands, obligations, including penalties and reasonable attorneys” fees, or losses

resulting from any claims, actions, suits, or proceedings based upona release orthreat of releaseof any hazardous substances, pollutants, or contaminants that may have existed on, or that relate

to, the Easement Area orthe Propertyprior to the date of this instrument.

Dated this day of April, 2020.GRANTOR:Independent School District No. 833

By:

Its:

STATE OF MINNESOTA )

) ss.COUNTY OF )

The foregoing instrument was acknowledged before me this ___ day of April, 2020,

by , the of Independent School District No. 833, a body politic and

corporate.

Notary Public

NOTARY STAMP OR SEAL

THIS INSTRUMENT DRAFTED BY:

Kennedy & Graven, Chartered (AKG)

470 U.S. Bank Plaza

200 South Sixth StreetMinneapolis, MN 55402

(612) 337-9300

EXHIBIT A TO

EASEMENT AGREEMENT

Legal Description and Drawing of the Easement Area

PROPOSEDROADWAYAND

UTILITYEASEMENT

DESCRIPTIONAapeñaeretra

artway,

<tdrages

aedERY

gadatesve,deradao

Dalae!L

tNorthwetChae

torofdrat

hreat

Coantorof

Section2htowns:

22,Narge22,GruntyotWashington,aehata,mazteNe

250

oaththSoke70M

dasnte

ybeca

puna

cmd

Morato

14mute人

ada,ANrn

>dtavcaatSG

bettw

themee

otDer

‘Chamcor必

fan,adewned}D2ot,

tenOALOL?

Awealoaoepeeta

arenansmeros

Pavingarades

SALUD

fontndacertd

elDosDodeDEcoco

de,eectrottenyUNAhare

Recin8

Teepate

hairyafada

OFODOtortadactoe

agas

57a

08woe,tere

Se

NortrwettQuarter

adileherarina

PROPOSEDTEMPORARYCONSTRUCTIONEASEMENTDESCRIPTION

ADO

yAO

DATADAAe,

orderant

acresTetgatatite

thsthawtQuartPt

Chawtarof

Setion2,Towra2h

lange2

ConnyoF

Atetngion,Suteot

Mien

yng

30.00fort

mocthenyoftie

owing

dasmbive

indirAheadtaa

Cuaencarnar

FMds

Nest,asinteatre,

AUGEwetioldHeCtleWide,

adecSCDtt

tsthe

portof

Coria本ofVOD

tentandacartead

wegen!Td7

anta02sacri,Dancees

ar1DAhaaar

AA

EAs

ES

de

Qsrrrd1d

finehareyomin

anny,

TdGAR

COEUAAMNO一一

eee

marydervendaartisanadyinca

andwarveyoe

underthe

wasofa

Vacra.

fouel0.Habeas

Dre

LicenseMente4113

SURVEYORSCERTIFICATION0

as

meor

KEIT

Shokan&Meck,

teNM,Aboshervs

PONO.29028.31.22

001|

OWNER:INDEPENDENT SCHOOL

DESTHUCT No833

ETUE

i

tHE

LE一

4

i|

jp

i;ENT

FostRE

—|

一-人和

CENTERLINEPROPOSED

PERPETUALROADWAYANDUTIUTY

EASEMENT|一一一一

一=

126.34

LA

aN

RO位

Sararar&

ree28132

Er“PR

Larstor

四上==-

“=

SS

esoe ceae

Heb

11PROPOSED TENMPORARY CONSTRUCTION

EASEMENT

AEo

盖-全

一

~一一了

一一一

一

了一一一一一

ETUE

TWEET=

re

pi

MEEME

mp

一一

一

“eeA

airo

7了A

Elma

oe

2©

EtedE

|rm

y

3PINO.24.02821.23,002

=OWNER:

PATRICK1.&

JANEM.

THIEGS|

||

PLA

ISAS

Ln

PROPOSEDTEMPORARY

Oeeeae

CONSTRUCTION EASEMENTAREA

=111,36950,FT.

{2.557ACRES}

AREA=25,489

$Q.FT.{0.585

ACRE}

EASEMENTEXHIBIT

WOODBURY,MINNESOTA

PAYOFTHENASA

TON

TS,TWPIRWALI

BOLTON

&MENK

WSSCOUNTYROO

EAST,RET

&MIALNGOD,MNIGOTA

34109

165117062070

WASUNGTOMCOUNTY,

MA

POR

CTYOFNOCOMJAY

HABRANODOGACNICIOMO-LOREADSdwg

4GARO

4a

138HER:

MEDDOG

REDBOOK

CAAAMAYI

A-1