2005-08-08 Temp Easement Agrmt
08/09/2~@5 15:33
7637463677
... ""-TD BOND AND MASlCA PLC PAGE Ell
l-'J...l~ Y L. HU1~U
ATTORNEY AT LAW
8441 W A YZA T ^ BOULEVARD P
SUITE 320 n
GOLDENVALLE'Y, MN 55426-1344 ~lV(e Il \.1\..""
TELEPHONE: (763) 277-2002
FACSIMILE: (763) :277.2018
FACSIMILE TRANSMITTAL
TO: ~ V'-'l..V';,.C...
... ,
FROM: A~..~ I . tc.,.".lI\
I
FAX:
lb~-yq1- 3~lo
e \ q \ OS'
DATE:
RE:
PAGES:
..-
~
cc:
boL tv..~~
lp$l- Y'1C '- \SD
[)<] Mailed
] Not mailed
] Please call
[ ] Please reply
] For your information only
MESSAGE:
The information contained in this facsimile:, message is attomey privileged and confidential
infon'natio'l'l i,ntended only for the use ofthc indi.."id.1.tals or entity nam,ed above If the reader of
this messa.ge is Mt the intended recipient. or the employee or agent responsible to deliver. jt to
the intended tecipiemt, you arc hereby notified that any dissemination. distribution or copying of
this COffill1tl!l.ic.ation is strictly prohibited. If you have received this facsimile in error) pleaso
notify Bond & MasicaJ PLC i1iunediatcly by telephone at (763) 277-2006.
rl\;l.,;;l/"+o..Jcr ~
~UNU A~U MA~LCA ~LC
l
TEMPORARY EASEMENT AGREEMENT
Thisagreement is entered into this g ~ day of Dru~~,
2005 between the City of Albertville ("City"), and Robert C. Heuring I nd
Christine A. Heuring (collectively "Heuring").
Grant of Easement Heuring agrees to provide the City with a temporary
easement to facilitate the installation of the Prairie Run improvements, said
temporary easement to be in the same form as that attached as Exhibit A to this
Agreement. Said easement shall be granted prior no later than August 8, 2005.
Heuring understands and agrees that the following wilt occur on the property
described in Exhibit A:
1. Heuring wilt remove and dispose of the corn crib, including its foundation,
which is located on the property described in Exhibit A. Said corn crib and
foundation to be removed by August S, 200S.
2. The City will remove and dispose of three box elder trees located on the
property described in Exhibit A.
3. The City will regrade the land located on the propeny described in Exhibit
A and to the extent described and in Exhibit A. Grading will consist of
removing soil to create a slope that matches street and sidewalk
improvements.
Consideration. The City agrees to leave any black dirt generated by the slope
grading on the property. The City further agrees to pay Heuring $3.00 per cubic
yard (excavated volume) for soil removed from the site (except black dirt). The
City also agrees to furnish and install six maple trees and provide a concrete
driveway access from the curb through the sidewalk and to restore the area cut
pursuant to the agreement on Lot 16 with sod and will seed the area cut pursuant
to the agreement on Outlot C. Finally. the City agrees ~o stake the perimeter of
the existing drainage easement on Outlot B of the Prairie Run plat. ijeuring win
be responsible for surfacing the remainder of the driveway. Heuring will also be
responsible for watering and mai,ntaining the sod once it is installed on Lot 16.
Special Assessments. This easement agreement shall not alter or change the
Agreement For WaiverOf Objection To Special Assessment Associated With The
2004 Prairie Run Improvement Plans between Heuring and the City.
Time Of Essence. Time is of the essence in this Easement Agreement.
Entire Agreement. This Easement Agreement, af\Y attached exhibits and any
addenda or amendments signed by the parties, shaH constitute the entire
Agreement between Heuring and the City, and supercedes any other written or
PAGE 02
rg..;ri"'tQ.jO{l
~UNU ANU MASICA PLC
PAGE 03
.l"
oral agreements between Heuring and the City related to the purchase of the
easement. This Easement Agreement can be modified only in writing signed by
Heuring and the City.
CITY OF ALBERTVILLE
Mayor
Clerk
2
"'UI'l~ HI'i!.l I"~~i~ t4...\.,;
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this g~ day of AJ~!o.1 , 2005. by
and between Roben C. Heuring and Christine A. Heuring. collectively, Grantors)
and the City of Albertville, Wright County, Minnesota. (Grantee).
WITNESSETH:
WHEREAS, Grantors are the individuals witb an ownership interest in the
real estate hereinafter described.
That for good and valuable consideration. the receipt of which is hereby
acknowledged, Grantors have this day bargained and sold. and by these presents
do bargain, sell and transfer unto the City of Albertville its successors and assigns
the following:
A temporary construction easement over, under and across that area
shown on the attached Exhibit A over Lot 16. Block 1 and Outlot C
of the Prairie Run Plat, Wright County, Minnesota. Said temporary
construction easement expires December 31, 2006.
Grantors do hereby covenant with the City of Albertville. that they are
lawfully seized and possessed of the real estate above d.escdbed.
IN WITNESS WHEREOF, the said parties have caused this instrument to
be executed the day and year first above written.
PAGE El4
This instrument was drafted by:
Couri, MacArthur & Ruppe, P.LL.P.
705 Central Ave. East
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
,""
__I .......- ,...,1 -'w 1..,...,.....4>wt"1 'I-'w
t"'A\::l1::. :::J:J
2
E30 L.. ,-Of"-J & 1'-/1 E:::: f"-J J<. ,
Consulting Engineers & Surveyors
2638 Shadow Lane, Suite 200 · Chaska, MN 55318
Phone (952) 448-8838 · FAX (952) 448-8805
I f"-JC.
MEMORANDUM
Date:
August 9, 2005
Larry Kruse, City Administrator
City of Albertville JAtv\\lu
Mark D, Kasma, P .E., Albertville City Engineer '1r I '\fII
Bolton & Menk, Inc.
Subject: Pay Estimate No.1 & Final
2005 Seal Coat Improvements
To:
From:
City of Albertville
BMI Project No. T15.21647
Pearson Bros., Inc. has completed the 2005 Seal Coat Improvements. Invoice No. 1142 from
their company is attached. The total amount bid by their firm was $14,414.40. We recommend
making final payment to them in this amount. We also recommend that the City accept the
improvements (which begins the two year correction period) and that the City release the check
once a consent of surety and lien waivers are received by the City Engineer.
Please call me at (612) 817-2446 if you have any questions
Attachment
MANKATO, MN . FAIRMONT, MN . SLEEPY EYE, MN . BURNSVILLE, MN . WILLMAR, MN .
CHASKA, MN MN . AMES, IA
An Equal Opportunity Employer
ESTIMATE FOR PAYMENT ON CONTRACT
Date 7-15-05
Estimate No.
I and Final
For Period From 6-1-05
to 6-30-05
Name and Nature of Project:
2005 Seal Coat Improvements.
City of Albertville. Minnesota
BMI#TI5.21647
% Completed After This Estimate
100
%
ORIGINAL CONTRACT AMOUNT ... .......... ..... ............... ... ... ......... $
14.414.40
CHANGE ORDERS I EXTRA WORK:
I NO. I ~re A_~
Additions
Deductions
TOTAL ADDITIONS... ......... ................................. ............ $
SUB TOTAL......... ......... ............ .................. ......... ...... ... $
TOTAL DEDUCTIONS...... ........................ ........................ $
CONTRACT AMOUNT TO DATE......... ......... ...... ........................... $ 14.414.40
TOTAL COMPLETED TO DATE....................... .......... ......... ... ... .... $ 14.414.40
MATERIALS STORED.................. .................. .................. $
TOTAL COMPLETED AND STORED................................. ............. $
LESS RETAINAGE 0 %.. .......... ......................... $
TOTAL EARNED LESS RETAINAGE......... ................ ........ ...... ....... $ 14.414.40
LESS PREVIOUS PAyMENTS................................................... ..... $
Est. No. Amt Est. No. Amt
Est. No. Amt Est. No. Amt
Est. No. Amt Est. No. Amt
Est. No. Amt Est. No. Amt
Total Estimates $
AMOUNT DUE THIS ESTIMATE... ... ... ... .... ..... .,. ... ......... ........ ....... $
1441440
Payment requested this
15th day of
Approved and recommended for payment
I r'/it
this .,:). of July . 2005
By:
July . 2005
See d till ci-<k (If
rf1VOt fR./ 0)'
i (t...L..-:)...
T(,
Bolton & Menk. Inc.
Project E~gineer ..., _.~ yo .n
j -1'If//; FI}
By: 6./11A.,JuJ 7-Y. ~dt (t.{L?:12t Lt,,,-
Pearson Bros. Inc.
Contractor
F:\ALBV\TlS2/6471speclPaymen. estl.doc
Pearson Bros., Inc.
~p?-;'~uS
Invoice
240 St. John's Street
PO Box 334
Loretto, MN 55357
DATE
INVOICE NO.
6/30/2005
1142
BILL TO
Bolton & Menk, Inc.
2638 Shadow Lane
Suite 200
Chaska, MN 55318-1172
P.O. NO. TERMS PROJECT
Due
ITEM DESCRIPTION QTY RATE AMOUNT
Seal Coat Square Yard Seal Coat As Per Contract 17,393 0.80 13,914.40
Traffic Cntrl Traffic Control For Seal Coat Project 500.00 500.00
PROJECT: Albertville 2005 Seal Coat
Improvements
Thank You For Your Business. Total
$14,414.40
.-
SCHEDULE OF UNIT PRICES
2005 SEAL COAT IMPROVEMENTS
CITY OF ALBERTVILLE
BMI PROJECT NO. T15.21647
BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices:
NOTE: BIDS shall include sales tax and all applicable taxes and fees.
BIDDER must fill in unit prices in numerals, make extension for each item, and total.
CY (LV):: Cubic Yards, Loose Volume
CY (CV) = Cubic Yards, Compacted Volume (Measured in place)
(P) :: Planned Quantity Basis of Measurement
ITEM APPROX. UNIT
NO. ITEM QUANT. UNIT PRICE AMOUNT
1 MOBILIZATION 1 LUMP SUM 500 $500.00
2 BITUMINOUS SEAL COAT 17 393 SY 0.8 $13,914.40
TOTAL AMOUNT BID $14,414.40
City of Albertville - T15.21647
April 28. 2005
SCHEDULE OF UNIT PRICES
PAGE 00500-6