HomeMy WebLinkAboutCity Council Resolution 2018-135
C ITY OF P LYMOUTH
R ESOLUTION N O. 2018-135
R ESOLUTION A PPROVING A CQUISITION OF P ERMANENT E ASEMENT FOR S TREET,
D RAINAGE AND U TILITY P URPOSES FOR THE S TATE H IGHWAY 55 F RONTAGE R OAD
R ECONSTRUCTION P ROJECT (13002)
WHEREAS, the City requires a permanent easement for public street, drainage and utility
in connection with the State Highway 55 Frontage Road Reconstruction (13002); and
WHEREAS, James Christensen, Chief Manager, JDCAC Properties, L. L. C. is grantor
(“Owner”) and Linda C. Comb, Chief Manager, Comb Family, L. L. C. is Fee Owner/Contract Vendor
(“Seller”) of real property located within the City of Plymouth as legally described on the attached
Exhibit “A” (the “JDCAC Property”); and
WHEREAS, the owner and seller have agreed to grant the City a permanent easement for street,
drainage and utility purpose over a portion of the JDCAC Property legally described within the Grant of
Permanent Easement on the attached Exhibit “B” (the “Easement”); and
WHEREAS, the City has agreed to pay the Owner and Seller $28,128.00 as compensation in full
for their granting the permanent street, drainage and utility easement.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA that the City Council approves the Easement and payment of $28,128.00 to the Owner and
Seller.
APPROVED by the City Council on this 27th day of March, 2018.
EXHIBIT “B”
GRANT OF PERMANENT EASEMENT
JDCAC PROPERTIES, L.L.C., a Minnesota limited liability company, “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 PLYMOUTH, a Minnesota municipal corporation, the
Grantee, hereinafter referred to as the “City”, its successors and assigns, forever, a permanent easement for
public street, drainage and utility purposes over, on, across, under, and through the land situated in the County
of Hennepin, State of Minnesota, as legally described on Exhibit “A” attached hereto.
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, drainage and utility system over, across, on, under, and through the permanent easement premises,
together with the right to grade, level, fill, drain, and excavate the permanent easement premises, and the further
right to remove trees, bushes, under growth, and other obstructions interfering with the location, construction,
and maintenance of said public street, drainage and utility easement.
The above named Grantor, for itself, its successors and assigns does covenant with the City, its
successors and assigns, that it owns a contract vendee’s interest in the above described permanent easement
premises under a Contract for Deed between Comb Family, LLC, a Minnesota limited liability company, as
contract vendor and JDCAC Properties, L.L.C., as contract vendee dated June 15, 2015, recorded with the
Hennepin County Recorder on July 22, 2015, as Document No. A10218331; and that it has the right to grant
and convey this easement to the City; that there are no unrecorded interests in the Easement Property and it will
indemnify and hold the City harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this ____ day of
_______________, 2018.
GRANTOR:
JDCAC PROPERTIES, L.L.C.
By:
James Christensen, Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of _________________, 2018, by
James Christensen, Chief Manager of JDCAC Properties, L.L.C., a Minnesota limited liability company, on behalf
of said company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
C AMPBELL K NUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/cjh