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Res 2022- 06 Permanent Easement Modification to NSP Outlot B, Mendakota Estates CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2022-06 APPROVING A PERMANENT EASEMENT MODIFICATION TO NORTHERN STATES POWER WHEREAS, the City of Mendota Heights has interest in properties described as: P1D Number 27-48225-00-020 Outlot B, MENDAKOTA ESTATES plat as recorded in Dakota County, Minnesota.; and WHEREAS, the Northern States Power (NSP) will need to utilize said real property to construct, maintain, and operate an electrical distribution system; and WHEREAS, a purchase package was drafted by NSP including an offer of compensation for the permanent casement modification; and WHEREAS,the Mendota Heights City Council accepted said offer of compensation of $32,167.20. NOW THEREFORE,BE IT RESOLVED,the Mendota Heights City Council hereby approves and authorizes a modification of the permanent easement to NSP. BE IT FURTHER RESOLVED,the Mendota Heights City Council herby authorizes the Mayor to sign the easement documents. Adopted by the City Council of the City of Mendota Heights this second day of February, 2022. CITY COUNCIL CITY OF MENDOTA HEIGHTS ATTEST Stephani Levine,Mayor �LL Lorri Smith, City Clerk 3529249 Receipt:# 833295 MFTON $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded on: 3/11/2022 2:31 PM By: LMF, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder MODIFICATION OF EASEMENT This agreement is by and between Northern States Power Company, a Minnesota corporation, (hereinafter referred to as "NSP") and City of Mendota Heights, a Minnesota municipal corporation, (hereinafter referred to as "Grantor") WHEREAS, Grantor is the owner of the following described land (hereinafter referred to as the "Property") in the County of Dakota and State of Minnesota, as described on the attached Exhibit A (the "Property"). WHEREAS, NSP is the record owner of certain easements affecting and encumbering the above described Property. Said easements were granted to Northern States Power Company, a Minnesota corporation, by Albert Wagenknecht and Clara Wagenknecht on December 30, 1922, and filed with the Dakota County Recorder in Book 168 on page 119 as Document No. 98052 and Albert Wagenknecht and Clara Wegenknecht on September 14, 1923, and filed with the Dakota County Recorder on September 20, 1943 in Book 33 of Miscellaneous on pages 60-61 as Document No. 100443. WHEREAS, Northern States Power Company became Xcel Energy, Inc., a Minnesota corporation as a result of the Articles of Merger dated August 18, 2000, and filed with the Dakota County Recorder on August 31, 2000, as Document No. 1715393. Xcel Energy, Inc. assigned the above easement to Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, by Assignment and Assumption of Easements dated December 29, 2000, and filed with the Dakota County Recorder on August 23, 2001, as Document No. 1805118 or by Ratification and Assignment of Easements dated June 2, 2004, and filed with the Dakota County Recorder on August 31, 2004, as Document No. 2243563. WHEREAS, both parties desire to amend the easement referenced above as it relates to the Property, and to state in greater detail the easement rights held by NSP. NOW, THEREFORE, NSP and Grantor agree the easement shall be modified in its entirety as to the Property described herein, effective as of the day hereof, by amending and restating said easement to read as follows: The undersigned Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to Grantor in hand paid by 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 (collectively referred to as "Facilities") through, over, under and across the Property stated above. Except for the right of access and temporary construction area, said easement shall be limited to that certain part of the Premises described as the "Easement Area" on the attached Exhibit A. This grant of easement shall also include the full right and authority to (1) reasonably access the Easement Area and the Facilities over and across the Property for the purpose of maintaining and constructing the Facilities; (2) the right of reasonable temporary use by NSP of the Property adjacent to the Easement Area during construction, repair or replacement of the Facilities; and (3) to cut, remove, prune or otherwise control, all trees, brush, and other vegetation on or overhanging the Easement Area. 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 perform any act which will interfere with or endanger said lines. The Facilities from time to time may be reconstructed or relocated on said Easement Area with changed dimensions and to operate at different voltages. This grant of easement 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 NSP's electric system, provided that said Improvements do not in the opinion of NSP impair the integrity of the Facilities or the ability to maintain the Facilities or materially alter the existing ground elevations and provided further that all such Improvements shall not result in a ground or other clearance distance to the conductor 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 the 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 the Facilities. Grantor covenants with NSP, its successors and assigns, that Grantor is the owner of the above described property 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 Property that was originally intended to be granted herein. 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. IN WITNESS WHEREOF, NSP and Grantor have caused this instrument to be duly executed as of the 2nd day of February, 2022. NORTHERN STA4KSYOWEWCOMPANY GRANTOR Anthony T. Jdhdro Director Transmissidn Portfolio Delivery as Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy STATE OF MINNESOTA ) ) SS. COUNTY OF Dakota ) Naine: Acphanie Levine Its: Mayor The foregoing instrument was acknowledged before me this 913 day of -3"E6-t-u.&" , 2022; by: � Q�av�i¢ Leveme, , M&yr of City of Mendota Heights, a Minnesota municipal corporationLORR. I A. SMITH Notary Public -Minnesota = q: Mx commlw- Expires jen 31, zoza Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF N P 4 4 e-kP j /1 ) The foregoing instrument was acknowledged before me this I +--' day of —bris r , 20,2.�, by Anthony T. Jandro, Director, Transmission Portfolio Delivery, as Authorized Agent for Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, on behalf of the corporation. a^"� CHRISTbPHER DAVID BERGLUND Notary Public Minnesota :* My Commission Expires .: Jan 31, 2027 This instrument was drafted by: CDB Northern States Power Company 414 Nicollet Mall, GO - 06 Minneapolis, MN 55401 Notary Public NORTHERN STATES POWER `i MINNESOTA EXHIBIT A SHEET 1 OF 2 SHEETS Certificate of Survey Location: City of Mendota Heights, Dakota County, Minnesota Grantor: City of Mendota Heights See sheet 2 of 2 for descriptions. S87054'13"E / - 117.83 /P�ol #�N /00 0 1 FLOCK 10 MOST SW'LY COR OUTLOT B MENDAKOTA ESTATES S89057'35"E - 168.00 L 01-K .I N Scale: 1 "=100' MFH4gk Tq U) z'' wm¢U z��w Xo0U ' z ' g w co LQco I 0 IMF LU 0A1I I P I r-nlnAl, t\TA -^TA rI-^ IVI L_I VLI/"�1\V r 0 M' W o a Z I C �I Tn v��.l vT l F L: LU 2 1 LU I / A I 1 ` M?00 r'° CP j S9F `sue `� � SOUTH LINE cg�` OUTLOT B ` _ MENDAKOTA ESTATES Al `a P.O.B. N89057'35"W s "r-/\ `L. T ,T 20' I EA EMENT AREA 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 L OF THE STATE O MI SOTA. LINE: 0808 PARCEL: CITY OF MENDOTA HEIGHTS MICHAEL E. NNO LIC. NO.40035 SEC. 26, T.28N., R.23W., 4TH P.M. CO.: DAKOTA DATE 07-23-2021 NORTHERN STATES POWER MINNESOTA EXHIBIT A SHEET 2 OF 2 SHEETS Certificate of Survey Location: City of Mendota Heights, Dakota County, Minnesota Grantor: City of Mendota Heights "Property" Outlot B of Mendakota Estates according to theplat thereof on file and of record in the office of the Dakota County Recorder, Dakota County, Minnesota. "Easement Area": An easement over, under and across that part of the herein before described "Property" which lies within the following area: Commencing at the most southwesterly corner of Outlot B of Mendakota Estates, Dakota County, Minnesota; thence South 89 degrees 57 minutes 35 seconds East 168.00 feet along the south line of said Outlot B to the point of beginning of the area to be described; thence North 31 degrees 47 minutes 34 seconds East 88.35 feet; thence North 20 degrees 59 minutes 59 seconds East 15.73 feet; thence North 05 degrees 40 minutes 09 seconds East 430.13 feet; thence North 01 de ree 54 minutes 19 seconds East 50.81 feet to the north line of said Ou�lot B; thence South 87 degrees 54 minutes 13 seconds East 117.83 feet along said north line of Outlot B; thence South 01 degree 18 minutes 08 seconds East 364.52 feet; thence South 32 degrees 55 minutes 49 seconds East 238.40 feet to said south line of Outlot B; thence North 89 degrees 57 minutes 35 seconds West 352.00 feet along said south line of Outlot B to the point of beginning. Containing 2.27 acres, more or less. LINE: 0808 PARCEL: CITY SEC. 26, T.28N CO.: DAKOTA OF MENDOTA HEIGHTS ,. R.23W.. 4TH P.M.