2005-07-28 Revised Temporary Easement Agreement
~
SEH
July 28, 2005
RE: Albertville, Minnesota
Prairie Run
SEH No. A-ALBEV0409.00
Mr. Robert Heuring
5020 J ason Avenue NE
Albertville, MN 55301
Dear Mr. Heuring:
As a follow-up to our meeting on July 25, 2005, I have enclosed a revised temporary easement agreement
for your consideration. Based on our discussion, it is my understanding that you will remove the corn
crib building by Friday, August 5,2005. The City will arrange to have three box elder trees removed and
to have six maple trees installed as replacements. All soil removed by the City's contractor to create the
slope along the street will be disposed of by the contractor.
As discussed, I reviewed the proposed construction plans to determine whether one of the box elder trees
could be protected. Unfortunately, the extent of the grading in the vicinity of the tree will likely damage
most of the tree's root system, which will eventually kill the tree.
At your request, I reviewed the prospect of moving the proposed sidewalk to the north side of 51 sl Street.
As you are aware, the curbs are already installed. Moving the sidewalk would result in removal of curbs
at eight locations along the street and installation of pedestrian curb ramps at each location. Two painted
crosswalks would also need to be installed. The City's contractor has already cut the boulevard area on
the south side of the street to accommodate the sidewalk. If the sidewalk is moved to the north side of the
street, the south boulevard area would need to be backfilled and the north boulevard area would need to
be cut to install the sidewalk. Placing the sidewalk on the north side of the street would reduce but would
not eliminate the need for grading of the boulevard next to your property. Finally, the cost of the
additional work associated with moving the sidewalk to the north side of the street would be greater than
the savings realized by the grading reduction along your property, resulting in a higher overall cost for the
project and related assessments.
Please call me at 651.490.2147 if you have questions.
Sincerely,
~,~
Project Manager
Encl.
c: Larry Kruse, City Administrator
Mike Couri, City Attorney
nm
x:\ae\albevlO40900\word\heuring072605.doc
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, 5t. Paul, MN 55110-5196
SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax
TEMPORARY EASEMENT AGREEMENT
This agreement is entered into this day of
2005 between the City of Albertville ("City"), and Robert C. Heuring And
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 to August 3,2005.
Heuring understands and agrees that the following will occur on the property
described in Exhibit A:
1. Heuring will 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 5,2005.
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 property 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 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. Heuring will be responsible for surfacing
the remainder of the driveway.
Special Assessments. This easement agreement shall not alter or change the
Agreement For Waiver Of 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, any attached exhibits and any
addenda or amendments signed by the parties, shall constitute the entire
Agreement between Heuring and the City, and supercedes any other written or
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 .
1
CITY OF ALBERTVILLE
Mayor
Clerk
ROBERT C. HEURING
CHRISTINE A. HEURING
2
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of , 2005, by
and between Robert C. Heuring and Christine A. Heuring, (collectively, Grantors)
and the City of Albertville, Wright County, Minnesota, (Grantee).
WITNESSETH:
WHEREAS, Grantors are the individuals with 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 described.
IN WITNESS WHEREOF, the said parties have caused this instrument to
be executed the day and year first above written.
1
GRANTORS
Robert C. Heuring
Christine A. Heuring
This instrument was drafted by:
Couri, MacArthur & Ruppe, P.L.L.P.
705 Central Ave. East
P.O. Box 369
St. Michael, MN 55376
(763) 497-1930
2
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