5.1 Northern Natural Gas Easement
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Public Works City Engineer Wagner November 22, 2021
PRESENTER(s) REVIEWED BY: ITEM #:
City Engineer Wagner City Administrator/Finance Director Flaherty 5.1 – Grant Easement to
Northern Natural Gas
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative
communication.
X Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council approve granting a permanent easement.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No No
BACKGROUND/JUSTIFICATION:
Northern Natural Gas (NNG) has acquired a permanent easement for construction of a TBS station located
just north of Kwik Trip on the north side of 72nd Street. In order to access the new facility and the pipeline
easement just to the north of it, a small ingress/egress easement is necessary. The easement is 54’ long by
30’ wide. This access has been used since TH101 became a freeway and River Bend South was platted, so
this is just memorializing that use. The City Attorney drafted the easement language which NNG has also
agreed to.
The Public Works Subcommittee discussed the proposed ordinance at their meeting on November 17,
recommending approval.
An aerial location map and site photo are included below for reference.
SUPPORTING DOCUMENTS ATTACHED:
• Permanent Easement Document
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve granting a Permanent Easement to Northern Natural Gas Company.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A
N/A
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(reserved for recording information)
GRANT OF PERMANENT EASEMENT
CITY OF OTSEGO, a Minnesota municipal corporation, hereinafter referred to as "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 NORTHERN NATURAL GAS
COMPANY, a Delaware corporation, the Grantee, hereinafter referred to as "Northern Natural Gas",
its successors and assigns, a permanent easement for grading, repair, maintenance, replacement, and
removal of an access road and related construction purposes over, across, on and through the property
legally described on Exhibit “A” and depicted on Exhibit “B” attached hereto (the “Easement
Premises”).
TO HAVE AND TO HOLD the same, unto Northern Natural Gas, its successors and assigns,
so long as such access road shall be maintained, together with the right of ingress to and egress from
the Easement Premises, for the purpose of constructing, reconstructing, in specting, repairing, and
maintaining, replacing, and removing the property of Northern Natural Gas, at the will of Northern
Natural Gas, its successors and assigns; it being the intention of the parties hereto that the Grantor
hereby grants the uses herein specified without divesting itself of the right to use and enjoy the above
described temporary Easement Premises, subject only to the right of Northern Natural Gas to use the
Item 8.
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same for the purposes herein expressed.
It is understood by the Grantor that Northern Natural Gas shall not be responsible for any
restoration or replacement costs or damages resulting from the construction and maintenance of the
Easement Premises. It is further understood that vegetation will be removed and that excavation will
occur on the Easement Premises.
The above named Grantor, its successors and assigns, does covenant with Northern Natural
Gas, 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 easement to Northern Natural Gas; that there
are no unrecorded interests in the Easement Premises; and that it will indemnify and hold Northern
Natural Gas harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this easement the day and year
first above written.
[Remainder of page is intentionally left blank.
Signature page follows.]
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GRANTOR:
CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
BY:
Audra Etzel, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2021, by Jessica L. Stockamp and by Audra Etzel, the Mayor and City Clerk of the
City of Otsego, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
______________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/smt
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EXHIBIT“A”
TO
GRANT OF PERMANENT EASEMENT
Legal Description
A 30 foot wide perpetual easement for access purposes over, under, and across that part
of the following described parcel:
Outlot C, WILDFLOWER MEADOWS, Wright County, Minnesota.
The centerline of said easement is described as follows:
Commencing at a southerly corner of said Outlot C also being the northeast corner of
Outlot C, RIVERBEND SOUTH; thence South 00 degrees 33 minutes 54 seconds
West, bearings based on the Wright County, Minnesota coordinate system, along a
westerly line of said Outlot C, a distance of 49.95 feet to the point of beg inning of said
centerline to be described; thence South 89 degrees 44 minutes 49 seconds East, a
distance of 25.00 feet; thence South 00 degrees 33 minutes 54 seconds West, a distance
of 54.00 feet to the most southerly line of said Outlot C and said centerline there
terminating
The sidelines of said easement are to be prolonged or shortened to terminate on said
westerly line and on said most southerly line of Outlot C.
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EXHIBIT “B”
TO GRANT OF TEMPORARY EASEMENT