Watch the meeting
What happened
- Approved $34,935 quote from Corrective Asphalt Materials for the 2023 street maintenance (Reclamite rejuvenator) project; city had budgeted about $45,000
- Adopted a resolution accepting the bid for the 2023 Pearl Creek Sewer Project; BCM Construction was low bidder at $1,222,222.22 base bid (engineer's estimate $1,510,165)
- Adopted Resolution 2023-13 accepting the bid for the 2023 Street Improvement Project
- Adopted interim Ordinance No. 102 authorizing a study and imposing a moratorium on cannabis businesses, plus Resolution 2023-11 for summary publication
- Attorney Riggs reported Rapp Surveying completed the new alley survey on the Traxler property and the planning commission approved the setback variance
- Authorized the City Administrator and City Attorney to develop a draft chicken application and ordinance (roll call 4-1, Mayor Henke nay)
- Added the Juneteenth holiday to the Kenyon personnel policy following the new state law
- Approved Police Chief Sjoblom's request to change holiday pay: 1 1/2 times for hours worked on holidays plus eight hours of holiday pay at straight time
- Approved a new on-sale liquor license for Angie's Restaurant
- Accepted a $12,600 donation from the Snowdrifters for police department body cameras
- Approved removal of the sidewalk at 712 Home Street at David Stenbakken's request
- Approved the consent agenda including check numbers 74859 through 74958 and 4534E through 4553E
What was asked 25 raised · 10 settled
Every question, assignment, pending figure and unsourced claim from this meeting, quoted from the record, each checked against the county, census, listing, bid and budget data we hold.
Easements – Pearl Creek Sanitary Sewer Final easement documents have been drafted and sent to all property owners. In total 12 parcels split amongst 6 property owners will require easements.
Summary of easement acquisition and negotiated compensation for the Pearl Creek sanitary sewer.
The $77,200 reconciles exactly against the individual easement amounts in the packet. Cemstone Concrete Materials at $1,000, Wilstor at $1,200 and Barrett at $24,000, $39,750, $1,500 and $9,750 sum to precisely $77,200, and those are the three compensated owners holding the seven compensated parcels. The Barrett parcels alone account for $75,000, or 97.2 percent of the total, which is consistent with the engineer's note that most compensation was for the heavily impacted lift station site. The six owners requiring easements are Barrett, Cemstone, Wilstor, Gould, Skillestad and Breidall.
7-11-23 Council Packet easement memo and Kennedy and Graven easement documents
Motion by Sjolander second by Bailey to authorize the City Administrator and City Attorney to develop a draft application and ordinance.
Old business item on a request to allow chickens within city limits, for which the attorney had already drafted an ordinance requiring a permit.
At the meetingMotion carried 4-1-0 on roll call with Mayor Henke voting nay.
The ordinance was drafted and then died without a vote. The city attorney produced a draft adding language on keeping chickens in residentially zoned areas to Section 900 of the city code, the Planning Commission reviewed it and was not in favor of changing the ordinance, the police chief predicted non-compliance problems and a council member said he would not support it, and the record ends with no further action. Attorney Riggs noted the city code was amended in 1999 to bar chickens in residential areas, and that prohibition stands.
5-13-25 council packet updated and 7-11-23 Council Packet · taken up again 2025-05-13
Review New Legalized Cannabis Law Attorney Riggs stated that Adopt Interim Ordinance No. 102 Motion by Sjolander second by Ryan to adopt interim Ordinance No. 102 authorizing a study and imposing a moratorium on the operation of cannabis businesses.
Council adopted interim Ordinance No. 102 authorizing a study and imposing a moratorium on cannabis businesses under the new state law.
At the meetingOrdinance adopted 5-0-0 and Resolution 2023-11 approving summary publication also adopted.
The moratorium study ended in a zoning ordinance eighteen months later. Ordinance No. 112 adding Section 1140 on cannabis and hemp businesses was adopted January 14 2025, following a Planning Commission public hearing on January 7 2025 conducted under Section 560.05 of the city code. The interim ordinance record is muddled, and the study document itself is not in our holdings.
The interim ordinance is recorded twice under different numbers and dates. The minutes show interim Ordinance No. 102 adopted 5-0-0, while a resolution in the August 8 2023 packet recites that the council adopted Ordinance No. 101 with the identical title on August 8 2023, and that same packet carries a notice of public hearing for the proposed interim ordinance.
7-11-23 Council Packet, 8.8.23 Council Packet and Agenda, 1-14-25 council packet · taken up again 2025-01-14
The prime contractor, BCM Construction, has a tentative work start date in late august or early September, but they are still reviewing their schedule.
Status update on the 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements project.
BCM Construction settled on the week of September 11 to 15 2023, a couple of weeks later than the tentative late August or early September window. The preconstruction meeting was set for 10:00 am Tuesday August 15 2023 at city hall, where the contractor's full schedule and planned completion date were to be worked out.
8.8.23 Council Packet and Agenda · taken up again 2023-08-08
The prime contractor, BCM Construction, has a tentative work start date in late august or early September, but they are still reviewing their schedule. A preconstruction meeting may be scheduled in the next few weeks to review the project in more detail.
Next step after contract execution on the Pearl Creek sewer and Gates Avenue utility project.
The preconstruction meeting was scheduled for 10:00 am on Tuesday August 15 2023 at city hall, with BCM's work schedule and planned completion date to be reviewed there. No minutes or agenda from the meeting itself are in our holdings.
8.8.23 Council Packet and Agenda · taken up again 2023-08-08
We have evaluated the requested compensation against similar project scenarios and have found that the amounts are justified, reasonable and recommended for approval. Easements are attached for review. We are requesting approval for these easements and related compensation.
Final easement documents have been drafted and sent to all affected property owners for the sewer project.
Resolution 2023-17 accepting the easements was adopted on August 8 2023 on a motion by Bailey seconded by Helgeson, carried 5-0-0, at the same meeting the engineer reported the Pearl Creek bids had come in lower than projected. The council passed it while the city was still waiting on signatures from one property owner.
The city adopted the easement resolution before all owners had signed, the same sequence it repeated on Langford Avenue in June 2025, where Resolution 2025-16 accepting easements passed with two of four signed and the fourth owner not yet contacted.
8.8.23 Council Packet and Agenda · taken up again 2023-08-08
Sjoblom is requesting that the officers be paid 1 ½ times for the hours they work on the holiday plus be paid for the eight hours of holiday pay at straight time.
New business request to revise police holiday pay practices.
At the meetingMotion by Sjolander seconded by Helgeson carried 5-0-0.
The change was approved on a motion by Sjolander seconded by Helgeson, carried 5-0-0, giving officers time and a half for hours worked on a holiday plus eight hours of holiday pay at straight time, with the eight hours extending to officers whose days off fall on holidays. The amended personnel policy language is not in our holdings, and the personnel policy rewrite with Abdo was still unfinished as of August 2026. The department added a second premium in May 2024, one hour of overtime or comp time per shift for field training officers, approved 3-0-0.
7-11-23 Council Packet and 5-14-24 AGENDA · taken up again 2024-05-14
Snowdrifter's Donation to Police Dept. for Body Cameras Administrator Vahlsing reported that the Snowdrifters would like to donate $12,600 to the police department for body cameras.
Snowdrifters club offered to fund police body cameras.
At the meetingMotion to accept the $12,600 donation carried 5-0-0.
The donation was accepted 5-0-0 and spent as intended. On September 12 2023 the council approved Motorola body cameras at a first-year cost of $16,038 with $5,488 annually for the following four years, applying the $12,600 Snowdrifters donation to year one, plus an upload device of about $4,000 to move video to the squad system. The department received no state body-worn-camera grant money. By December 12 2023 the chief reported the cameras were up and running.
The remaining first-year cost was recorded as $4,038 to come from the police budget, but $16,038 less the $12,600 donation is $3,438, a $600 discrepancy.
9.12.23 Council Packet and Agenda, and 12.12.23 Council Packet and Agenda · taken up again 2023-12-12
Based on the availability of parts, work throughout the entire project will be intermittent and isn't required to be completed until August 2024. Collectively, we estimate that the work will be active for roughly half of this time (6 months) over the next year.
Schedule assumptions underlying the construction engineering fee estimate.
Work started the week of September 11 to 15 2023 as the schedule assumed, but the August 2024 completion requirement was missed. The closing change order of August 12 2025 fixed substantial completion at October 12 2024, about two months past the requirement, and ready for final payment at July 9 2025, roughly eleven months past it. The engineer recommended against assessing liquidated damages on the view that the project ran smoothly and actual damages would be hard to evidence.
The project was not complete by the August 2024 contract date, and the city waived the liquidated damages that the delay would otherwise have triggered.
8.12.25 Council Packet and Agenda Updated · taken up again 2025-08-12
Contract Administration Prepare and review final contract documents following project award Coordinate and attend preconstruction and regular construction meetings with city and contractor Prepare and review contractor's pay applications or contract amendments, as needed. Provide monthly progress updates for city council Communications between the City and Contractor Coordination with agencies for permits (DNR, MnDOT) Project closeout documentation C.
Contract administration scope item in the construction engineering proposal.
The monthly reporting obligation was met. Pearl Creek and Gates Avenue engineering updates appear in council packets across the life of the project, including pay application 5 in June 2024, pay application 6 of $112,532.25 in August 2024, the yard restoration report in October 2024, final testing in November 2024, pay application 11 of $4,430 with a change order in December 2024, and the closeout change order in August 2025.
6.11.24 Council Packet and Agenda, 8-20-24 AGENDA, 1-14-25 council packet, 8.12.25 Council Packet and Agenda Updated · taken up again 2025-08-12
LEGAL Request for City to relocate alley/ROW - Jeff and Ann Traxler Attorney Riggs stated that the new survey showing the new location of the alley on the Traxler property has been completed by Rapp Surveying. Once the new legal description is completed, the deeds for the land exchange can be completed.
Jeff and Ann Traxler requested the city relocate an alley/right-of-way, and the new survey has been done but the legal description is not finished.
At the meetingRiggs reported the new survey showing the new alley location is complete.
The legal description arrived and the deeds were started but never surface completed in our record. Rapp Surveying delivered the legal description to the city on July 11 2023, and Attorney Riggs said he would begin preparing the deeds for the land swap of right-of-way abutting the Traxler property to the west, which the Traxlers needed to facilitate a planned business expansion. The recorded exchange deeds are not in our holdings.
8.8.23 Council Packet and Agenda · taken up again 2023-08-08
MOTION NEEDED ATTACHMENTS: 02.1_2023 Pearl Creek Sewer Project.pdf 02.3_Pearl Sanitary_Construction Eng Proposal.pdf 02.2_2023 Pearl Creek Sewer Easements.pdf Resolution 2023-17 Accepting_Easements.DOCX 13 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements Contracts for this project are currently out for signatures and should be finalized soon.
Project status report on contract execution for the awarded sewer and utility project.
The fully executed contracts are not in our holdings, but the project plainly went under contract and ran to completion. BCM Construction held the award at $1,241,494.22, the low bid against Minger at $1,327,721.90 and Heselton at $1,385,155.00 with an estimate of $1,536,065, and pay applications ran through number 11 in December 2024 to a final contract value of $1,243,307.02. The signed contract documents themselves would settle the execution date.
factbook KENYON_BIDS.md and 7-11-23 Council Packet
Council Actions: Approval of attached resolution approving easements Motion approving Proposal for Construction Engineering Services (2023 Pearl Creek San & Gates Ave Utility Improvements) H:\KENYON_CI_MN\_General\Council Meetings\2023\07 - July 2023\02.1_2023 Pearl Creek Sewer Project.docx 14 July 6th, 2023 Mr.
Proposal covering project management, easement/design modifications, contract administration, and construction observation.
The proposal is itemized in the record at $11,550 project management, $9,546 final easement and design modifications, $21,752 contract administration and $161,406 construction observation, testing and survey, summing exactly to $204,254, or 16.5 percent of the $1,241,494.22 construction contract. No council motion approving this particular proposal appears in our holdings. The motion recorded in August 2023 approved a Bolton and Menk construction engineering proposal for the separate 2023 Street Improvement Project, carried 5-0-0.
7-11-23 Council Packet and 8.8.23 Council Packet and Agenda
Fees A summary of the fees associated with the scope is provided below Item Cost Project Management $ 11,550 Final Easement & Design Modifications $ 9,546 Contract Administration (Meetings, Reviews, Close-out) $ 21,752 Construction Observation, Testing and Survey $ 161,406 Total $ 204,254 The fees noted above are estimated, based on the scope noted above and schedule assumptions below.
Fee summary in the construction services proposal for the Pearl Creek project.
No actual hourly billings against the $204,254 estimate are in our holdings, so the estimate was never tested in our record. The comparable later proposal for the 2025 street and utility project totals $329,900, split $57,300 project management, easements and coordination, $218,900 construction observation, documentation and material tracking, and $53,700 staking, surveys and as-builts, which is 14.4 percent of that $2,294,629.25 contract against 16.5 percent here. The 2025 version also adds the assurance that the city will only be billed for time actually spent, wording absent from the 2023 proposal.
7.8.25 Updated Council Packet and Agenda and 7-11-23 Council Packet
Engineering is included in the overall project budget. Financing for the project will be discussed separately at the meeting.
Engineering costs are in the overall project budget but project financing was set aside as a separate discussion.
No financing plan or bond document for the Pearl Creek project is in our holdings, so the separate discussion never produced a document in our record. The October 10 2023 change order memo confirms financing had been arranged and that additional contingency was set aside during project financing for uncertainties such as soil conditions. The city does carry a 2023A G.O. bond whose payment was omitted from the 2025 budget and spread at $19,000 a year across 2026 through 2028, but nothing in our holdings ties that issue to this project specifically.
10.10.23 Council Packet and factbook levy analysis
Request to Remove Sidewalk – David Stenbakken – 712 Home St Administrator Vahlsing presented a request from David Stenbakken to remove the sidewalk from the front of his property at 712 Home Street.
Owner requested sidewalk removal because the sidewalk does not continue to either end of his block.
At the meetingMotion to approve the removal carried 5-0-0.
The removal was approved 5-0-0 but no work order, permit or completion record for 712 Home Street is in our holdings. The minutes entry itself is defective, printing the phrase motion by second by with both names left blank, the same gap that appears in the Snowdrifters donation entry on the same page. A public works work order would settle whether the sidewalk came out.
7-11-23 Council Packet
PRESENTATIONS/PUBLIC HEARINGS/RECOGNITIONS/PROLAMATIONS ENGINEERING 2023 Street Maintenance Project Engineer Olinger Approve Quote of Corrective Asphalt Materials $34,935 Motion by Bailey, second by Ryan to approve the quote of $34,935 from Corrective Asphalt Materials for the 2023 street maintenance project.
Council approved the quote for the 2023 street maintenance project.
At the meetingMotion carried 5-0-0.
The written Corrective Asphalt Materials quote is not in our archive. Our bid record carries that vendor once only, at $16,188.30 for the 2024 asphalt rejuvenator, and shows no competing quote in either year.
A $34,935 award to a single named vendor with no second quote falls short of the two-quote rule the city later set in Administrative Policy No. 34, presented August 20 2024.
KENYON_BIDS.md
Pearl Creek Sanitary Sewer Improvements Engineer Olinger provided on update on the status of the stated that plans for the Pearl Creek Sewer project are complete and ready to advertise for bids.
Engineering update given at the June meeting, at the same meeting council adopted a resolution accepting a bid for the project.
The bid advertisement and tabulation for the Pearl Creek project are not in our holdings, and the record carries three incompatible accounts of where bidding stood. Our bid file dates the award to BCM at $1,241,494.22 to June 13 2023 with three bidders, the minutes for the same meeting record the engineer saying plans were only then complete and ready to advertise, and the council adopting a resolution accepting a bid, while the minutes carried in the August 2023 packet say the bids were opened the previous week and came in lower than projected. The advertisement dates and the bid abstract would settle the sequence.
The engineer reported plans were complete and ready to advertise for bids at the same meeting the council adopted a resolution accepting a bid for that project, and a later meeting placed the bid opening later still.
7-11-23 Council Packet, 8.8.23 Council Packet and Agenda, factbook KENYON_BIDS.md
Approve Resolution 2023-12 Accepting Bid for 2023 Pearl Creek Sewer Project Motion by Helgeson second by Henke to adopt Resolution 2023-10.
Discrepancy in the resolution number recorded for accepting the Pearl Creek project bid.
The signed resolution is not in our holdings, so the correct number cannot be confirmed and the minutes stand internally inconsistent, with the heading reading Resolution 2023-12 and the motion reading Resolution 2023-10. Both numbers are plausible slots in that year's sequence, since Resolution 2023-11 approved summary publication of the cannabis interim ordinance and Resolution 2023-17 accepted the Pearl Creek easements. The executed resolution or the city's resolution register would settle it.
The heading and the motion in the same minutes entry name different resolution numbers for the same action.
7-11-23 Council Packet
Motion carried 5-0-0 Roll Call Vote: Henke- Nay, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye 9 Motion carried 4-1-0 NEW BUSINESS Juneteenth Administrator Vahlsing stated that the Governor signed a new law making Juneteenth a holiday to be observed on Monday, June 19 starting in 2023. No city business can be transacted on this day.
Basis for adding Juneteenth to the city personnel policy.
At the meetingCouncil approved adding the Juneteenth holiday to the Kenyon personnel policy 5-0-0.
The statute text is not in our holdings, so the claim that no city business can be transacted on Juneteenth cannot be checked directly. The city applied the same rule two years later using the governing provision by name, citing Minnesota Statutes section 645.44 as listing Veterans Day among the holidays on which public business cannot be conducted, which is why the November 2025 council meeting was moved off November 11. The council added Juneteenth to the Kenyon personnel policy on a motion by Henke seconded by Bailey, carried 5-0-0.
7-11-23 Council Packet and 10.14.25 Council Packet and Agenda · taken up again 2025-10-14
New On-Sale Liquor License - Angies Motion by Bailey second by Helgeson to approve Angies Restaurant's liquor license.
New business liquor license item.
At the meetingMotion carried 5-0-0.
The license was approved on a motion by Bailey seconded by Helgeson, carried 5-0-0, but the issued license record is not in our holdings. The published fee structure for such a license is on file at $1,100 for an on-sale liquor license, $200 for the Sunday endorsement, $500 for on-sale wine and $100 for the liquor license training verification fee. The city issued a comparable new on-sale license including Sunday and outdoor service to Cahill Bistro Bar in August 2024, carried 4-0-0.
7-11-23 Council Packet, 1-14-25 council packet fee schedule, 8-20-24 AGENDA
This Easement granted herein shall run with the land and shall be binding on the Owner, its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this ____ day of _________, 2023.
Draft easements attached to the packet await owner signatures and notarization.
The executed and recorded instruments are not in our holdings, but the draft amounts reconcile perfectly to the negotiated total. Cemstone at $1,000, Wilstor at $1,200 and the four Barrett amounts of $24,000, $39,750, $1,500 and $9,750 sum to exactly $77,200, with Barrett carrying $75,000 of it. Skillestad, Breidall and Gould are among the six owners granting easements but receive no compensation. Recorded easement instruments from Goodhue County would settle execution.
7-11-23 Council Packet, Kennedy and Graven easement documents
SUGGESTED ACTION: Request to make $2.00-hour interim raise that was started during the Finance Director vacancy period permanent for the Deputy Clerk/Administrative Assistant.
Appointments item submitted for the July 11, 2023 council agenda.
No council vote on making the $2.00 an hour increase permanent is in our holdings. The item appears on the July 11 2023 agenda under approval of minutes and appointments and in two suggested action lines, but no motion, second or vote is recorded. Holli Gudknecht continues in the administration role through 2025 and 2026 as the author of agenda item reports. The personnel action record or the adopted pay schedule would settle it.
7-11-23 Council Packet · would settle it: Council action on the permanent wage change and the personnel/pay record
Request to Remove Sidewalk – David Stenbakken – 712 Home St Administrator Vahlsing presented a request from David Stenbakken to remove the sidewalk from the front of his property at 712 Home Street. The sidewalk does not continue to either end of the block that his house is located on.
Basis presented for approving removal of the sidewalk.
No sidewalk map or site inspection of the 712 Home Street block is in our holdings, so the gap in the walk cannot be verified. The city does treat sidewalk continuity as a contested question elsewhere, as when Allan Turner at 626 8th Street told the council in November 2024 that he did not foresee people using a sidewalk on the south side of his house and would rather see it on the Red Wing Avenue side. A city sidewalk inventory would settle it.
11.12.24 Council Packet And Agenda · would settle it: A sidewalk map or site inspection of the block
Once the new legal description is completed, the deeds for the land exchange can be completed. The planning commission did approve the setback variance for Traxler's new commercial building.
Reported alongside the alley relocation and land exchange with the Traxlers.
No planning commission minutes or variance approval document for the Traxler setback are in our holdings, so the approval rests on Attorney Riggs' report. The city's later practice produces a fuller paper trail, as with the 616 9th Street fence variance where Bolton and Menk presented the hearing facts and findings and four recommended conditions to the council. The planning commission minutes or the recorded variance would settle it.
7-11-23 Council Packet and 8-6-26 Council Packet Updated · would settle it: Planning commission minutes or the variance approval document
Decisions 10 motions
Who did what
| Person | At this meeting |
|---|---|
| Doug Henke Mayor | Called the meeting to order; seconded the Pearl Creek bid resolution; moved to add the Juneteenth holiday; voted nay on the chicken ordinance roll call |
| Kim Helgeson Council Member | Moved adoption of the Pearl Creek resolution, seconded the police holiday pay and Angie's liquor license motions, and moved to adjourn |
| Lee Sjolander Council Member | Moved approval of the consent agenda, the cannabis moratorium ordinance, the chicken ordinance drafting authorization, and the police holiday pay change |
| Mary Bailey Council Member | Moved approval of the Corrective Asphalt Materials quote and the Angie's liquor license; seconded several motions |
| Molly Ryan Council Member | Moved to approve the agenda and seconded the asphalt quote, cannabis ordinance and chicken ordinance motions |
| Mark Vahlsing City Administrator | Reported on the chicken ordinance draft, Juneteenth law, police holiday pay request, Snowdrifters donation and the sidewalk removal request |
| Jeff Sjoblom Police Chief | Requested the change to police department holiday pay practices |
| Scott Riggs City Attorney | Reported on the Traxler alley survey and land exchange deeds and reviewed the new cannabis law |
| Wayne Ehrich Public Works Director | Attended the meeting |
| Holli Gudknecht Administrative Assistant | Recorded and signed the minutes |
| Derek Olinger City Engineer, Bolton & Menk | Updated the council on the Pearl Creek sewer plans, easement progress and street improvement project |
| Jeff Traxler Property owner | Requested the city relocate the alley/right-of-way abutting his property |
| Ann Traxler Property owner | Joined the request for the city to relocate the alley/right-of-way |
| David Stenbakken Property owner, 712 Home St. | Requested removal of the sidewalk in front of his property |
Organizations named: City of Kenyon, Corrective Asphalt Materials, LLC, Bolton & Menk, Inc., BCM Construction, Minger Construction Co Inc, Heselton Construction LLC, Rapp Surveying, Kenyon Snowdrifters, Angie's Restaurant, Kennedy & Graven, Chartered, Kenyon Planning Commission, KMU
Figures
| Amount | What |
|---|---|
| $34,935 | Corrective Asphalt Materials quote for the 2023 street maintenance (Reclamite) project |
| $1,222,222.22 | BCM Construction low base bid for Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements |
| $1,510,165 | Engineer's estimate for the Pearl Creek sewer base bid |
| $1,241,494.22 | BCM Construction total base bid plus Alternate 1 |
| $12,600 | Snowdrifters donation to the police department for body cameras |
| $45,000 | Amount the city budgeted for street maintenance in 2023 |
| $1.13 | Per square yard unit price for Reclamite application on 29,000 SY |
| $1,165 | Mobilization cost in the Corrective Asphalt Materials proposal |
Said at the meeting
the Governor signed a new law making Juneteenth a holiday to be observed on Monday, June 19 starting in 2023.
City Administrator Mark Vahlsing · packet, verbatim
No city business can be transacted on this day.
City Administrator Mark Vahlsing · packet, verbatim
Sjoblom is requesting that the officers be paid 1 ½ times for the hours they work on the holiday plus be paid for the eight hours of holiday pay at straight time.
City Administrator Mark Vahlsing (reporting Chief Sjoblom's request) · packet, verbatim
the Snowdrifters would like to donate $12,600 to the police department for body cameras.
City Administrator Mark Vahlsing · minutes, verbatim
The planning commission did approve the setback variance for Traxler's new commercial building.
Attorney Scott Riggs · minutes, verbatim
The sidewalk does not continue to either end of the block that his house is located on.
Administrator Vahlsing (on sidewalk request) · minutes, verbatim
Resolutions and ordinances
- Accepting Bid for 2023 Pearl Creek Sewer Project Motion by Helgeson second by Henke to adopt Resolution 2023-10Res. 2023-12
- Accepting Bid for 2023 Street Improvement Projedt Motion by second by to adopt Resolution 2023-13Res. 2023-13
- Approving Summary Publication of an Ordinance Authorizing a Study and Imposing a Moratorium of the Operation of Cannabis Business Motion by sRes. 2023-11
- Accepting_EasementsRes. 2023-17
- Motion by Sjolander second by Ryan to adopt interim Ordinance NoOrd. 102
Agenda
Each item links to where it appears in the packet.
- I. CALL TO ORDER AND ROLL CALL
- II. CITIZEN COMMENTS
- III. ADOPT AGENDA
- III.A Agenda
- IV. APPROVAL OF MINUTES and APPOINTMENTS
- IV.A Approval of Minutes and Appointments
- V. PRESENTATIONS/PUBLIC HEARINGS
- VI. ENGINEERING
- VI.B Pearl Creek Sanitary Sewer Improvements
- VII. LEGAL
- VII.A Request for City to relocate alley/ROW Jeff and Ann Traxler
- VII.B Review of new legalized Cannabis law
- VIII. FINANCIAL
- IX. OLD BUSINESS
- IX.A Request for Chickens within City Limits
- X. NEW BUSINESS
- X.A Juneteenth
- X.B Request to change Police Department Holiday Pay
- X.C Approve On-Sale Liquor License - Angie's
- X.D Snowdrifter's donation to Police Dept. for Body Cameras
- X.E Request to Remove Sidewalk – David Stenbakken- 712 Home St.
- XI. F.Y.I. - Department Updates
- XI.A FYI-
- XII. COUNCIL AND STAFF GENERAL COMMENTS
- XIII. ADJOURNMENT
- IV. CONSENT AGENDA
- A. City Council Closed and regular Meeting Minutes of May 9, 2023
- B. Appoint Municipal Liquor Store Employees
- B. Pearl Creek Sanitary Sewer Improvements
- A. Request for City to relocate alley/ROW Jeff and Ann Traxler
- B. Review on new legalized Cannabis law
- A. Request for Chickens within City Limits
- A. Juneteenth
- B. Request to change Police Department Holiday Pay
- C. New On-Sale Liquor License - Angie's
- D. Snowdrifter's donation to Police Dept. for Body Cameras
- E. Request to Remove Sidewalk – David Stenbakken- 712 Home St.
- XII. OTHER BUSINESS
- A. Schedule of Upcoming Meetings
Full packet text (240k characters)
The minutes
Official minutes as adopted, from 7-11-23 Council Packet; text extracted from the PDF.
Council Meeting was duly held in the City Council chambers at 7:00 p.m. on the 13th day of June 2023. The meeting was called to order by Mayor Henke.
- Present
- Mayor Doug Henke, Council Members Kim Helgeson, Lee Sjolander, Mary Bailey, Molly Ryan
- Absent
- None
- Also present
- City Administrator Mark Vahlsing, Police Chief Jeff Sjoblom, Attorney Scott Riggs, Public Works Director Wayne Ehrich, Administrative Assistant Holli Gudknecht, Cal Bean, Linda Bean, Ed Doyle, Mrs. Doyle
The meeting opened with the Pledge of Allegiance.
Citizen Comment
Adopt Agenda
Motion by Ryan second by Bailey to approve the agenda. Motion carried 5-0-0.
Consent Agenda
Motion by Sjolander second by Bailey to approve the Consent Agenda, which includes payment of check numbers, 74859 through 74958; 4534E through 4553E.
Motion carried 5-0-0Presentations / Public Hearings / Recognitions / Prolamations
Engineering
2023 Street Maintenance Project Engineer Olinger
Approve Quote of Corrective Asphalt Materials $34,935
Motion by Bailey, second by Ryan to approve the quote of $34,935 from Corrective Asphalt Materials for the 2023 street maintenance project. Motion carried 5-0-0.
Pearl Creek Sanitary Sewer Improvements
Engineer Olinger provided on update on the status of the stated that plans for the Pearl Creek Sewer project are complete and ready to advertise for bids.
Update on Easements for Project
Engineer Olinger updated the council on the progress of gaining easements for the project.
Approve Resolution 2023-12 Accepting Bid for 2023 Pearl Creek Sewer Project
Motion by Helgeson second by Henke to adopt Resolution 2023-10. Motion carried 5-0-0.
8 2023 Street Improvement Summary
Approve Resolution 2023-13 Accepting Bid for 2023 Street Improvement Projedt
Motion by second by to adopt Resolution 2023-13. Motion Carried 5-0-0.
Legal
Request for City to relocate alley/ROW - Jeff and Ann Traxler
Attorney Riggs stated that the new survey showing the new location of the alley on the Traxler property has been completed by Rapp Surveying. Once the new legal description is completed, the deeds for the land exchange can be completed. The planning commission did approve the setback variance for Traxler's new commercial building.
Review New Legalized Cannabis Law
Attorney Riggs stated that
Adopt Interim Ordinance No. 102
Motion by Sjolander second by Ryan to adopt interim Ordinance No. 102 authorizing a study and imposing a moratorium on the operation of cannabis businesses.
Motion carried 5-0-0Resolution 2023-11 Approving Summary Publication of an Ordinance Authorizing a Study and
Imposing a Moratorium of the Operation of Cannabis Business
Motion by second by to adopt Resolution 2023-11. Motion carried 5-0-0.
Old Business
Request for Chickens within City Limits
Administrator Vahlsing stated that the city attorney had drafted a chicken ordinance for the city of Kenyon. The ordinance does require a permit to keep chickens.
Motion by Sjolander second by Bailey to authorize the City Administrator and City Attorney to develop a draft application and ordinance. Motion carried 5-0-0
Roll Call Vote: Henke- Nay, Sjolander – Aye, Bailey – Aye, Ryan – Aye, Helgeson - Aye
9
Motion carried 4-1-0
New Business
Juneteenth Administrator Vahlsing stated that the Governor signed a new law making Juneteenth a holiday to be observed on Monday, June 19 starting in 2023. No city business can be transacted on this day.
Motion by Henke, second by Bailey to approve adding the Juneteenth holiday to the Kenyon personnel policy. Motion carried 5-0-0.
Request to Change Police Department Holiday Pay
Administrator Vahlsing stated that Police Chief Sjoblom requested changing the holiday pay practices for police officers. Sjoblom is requesting that the officers be paid 1 ½ times for the hours they work on the holiday plus be paid for the eight hours of holiday pay at straight time. The eight hours of holiday pay would also apply to officers who have days off that fall on holidays.
Motion by Sjolander seconded by Helgeson
Motion carried 5-0-0New On-Sale Liquor License - Angies
Motion by Bailey second by Helgeson to approve Angies Restaurant's liquor license.
Motion carried 5-0-0Snowdrifter's Donation to Police Dept. for Body Cameras
Administrator Vahlsing reported that the Snowdrifters would like to donate $12,600 to the police department for body cameras.
Motion by second by to accept a donation of $12,600 from the Snowdrifters for new police department body cameras. Motion carried 5-0-0.
Request to Remove Sidewalk – David Stenbakken – 712 Home St
Administrator Vahlsing presented a request from David Stenbakken to remove the sidewalk from the front of his property at 712 Home Street. The sidewalk does not continue to either end of the block that his house is located on.
Motion by second by to approve the removal of the sidewalk from the property located at 712 Home Street. Motion carried 5-0-0.
Schedule of Upcoming Meetings
KMU Meeting: Tuesday, June 20th @ 4:00 p.m. City Council Meeting: Tuesday, July 11th @ 7 p.m.
Council And Staff General Comments
Councilmen Sjolander
Councilmen Helgeson
City Administrator Vahlsing
Motion by Helgeson second by Bailey to adjourn the meeting at 8:05p.m.
Motion carried 4-0-0Holli Gudknecht, Administrative Assistant Douglas Henke, Mayor
AGENDA ITEM NO. V.B
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: July 11, 2023
SUBMITTED BY: Holli Gudknecht, Administration
ITEM TYPE: Appointments
AGENDA SECTION: APPROVAL OF MINUTES and APPOINTMENTS
Subject:
Change $2.00 per hour temporary wage increase for Deputy Clerk/Administrative Assistant to permanent.
SUGGESTED ACTION: Request to make $2.00-hour interim raise that was started during the Finance Director vacancy period permanent for the Deputy Clerk/Administrative Assistant.
Attachments:
AGENDA ITEM NO. VII.A
Agenda Item Summary
CITY COUNCIL AGENDA ITEM REPORT
DATE: July 11, 2023
SUBMITTED BY: Holli Gudknecht, Engineering
ITEM TYPE: Engineering
Agenda Section: Engineering
SUBJECT: Pearl Creek Sanitary Sewer Improvement project
-Resolution 2023-17 Approving Project Easements. -Construction Engineering proposal
SUGGESTED ACTION: The City Engineer will provide an update on the status of the project. Resolution 2023-17 Approving Project Easements. Approve easements needed for new sewer main installation. Pearl Creek Construction Engineering proposal. Approving engineering, and inspection costs related to the project. See attached memo and resolution below. MOTION NEEDED
Attachments:
02.1_2023 Pearl Creek Sewer Project.pdf 02.3_Pearl Sanitary_Construction Eng Proposal.pdf 02.2_2023 Pearl Creek Sewer Easements.pdf Resolution 2023-17 Accepting_Easements.DOCX
13 2023 Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements Contracts for this project are currently out for signatures and should be finalized soon. The prime contractor, BCM Construction, has a tentative work start date in late august or early September, but they are still reviewing their schedule. A preconstruction meeting may be scheduled in the next few weeks to review the project in more detail.
Easements – Pearl Creek Sanitary Sewer
Final easement documents have been drafted and sent to all property owners. In total 12 parcels split amongst 6 property owners will require easements. Please take note that monetary compensation will be required for 7 parcels (3 owners). Following negotiations with property owners, the total compensation requested is $77,200. The majority of compensation is for easement on the lift station site, which will be heavily impacted by the construction. We have evaluated the requested compensation against similar project scenarios and have found that the amounts are justified, reasonable and recommended for approval.
Easements are attached for review. We are requesting approval for these easements and related compensation. Acceptance can be made by approving the attached resolution.
Construction Engineering Proposal
We have attached a proposal for the remainder of the engineering services needed to complete this project. Engineering is included in the overall project budget. Financing for the project will be discussed separately at the meeting.
Council Actions: Approval of attached resolution approving easements Motion approving Proposal for Construction Engineering Services (2023 Pearl Creek San & Gates Ave Utility Improvements)
H:\KENYON_CI_MN\_General\Council Meetings\2023\07 - July 2023\02.1_2023 Pearl Creek Sewer Project.docx
July 6th, 2023
Mr. Mark Vahlsing
City Administrator City of Kenyon
RE: Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
Proposal for Construction Services BMI Project No: 0H1.126462
Mr. Vahlsing:
This proposal includes scope and fee information for construction engineering services related to the 2023 Pearl Creek Sanitary Sewer and Gates Avenue Utility Improvement project base bid and alternate 1, awarded last month.
1. Scope of Work A. Final Easement and Design Modifications During the course of design for this project, there were some changes to the project which resulted in additional time. First, the route of the forcemain was modified to its current location to meet downstream sewer capacity constraints. This change decreased construction cost; but additional survey was required. Lastly, multiple additional meetings and subsequent layout revisions were made to accommodate owner requests as part of the easement negotiation process. This resulted in additional engineering time.
Pearl Creek Sanitary Improvements July 2023 Proposal for Construction Services Page 2
B. Contract Administration
Prepare and review final contract documents following project award Coordinate and attend preconstruction and regular construction meetings with city and contractor Prepare and review contractor's pay applications or contract amendments, as needed. Provide monthly progress updates for city council Communications between the City and Contractor Coordination with agencies for permits (DNR, MnDOT) Project closeout documentation
C. Construction Observation/Field work
Review construction material submittals and shop drawings Construction staking and marking of work limits Field engineering as required to meet project goals with on-site conditions Field Observation and documentation and handling contractor questions Construction material testing and other quality assurance activities Maintain regular communication with residents or property owners with easements Coordinate Resident Requests with contractor or city
2. Fees A summary of the fees associated with the scope is provided below
Item Cost
Project Management $ 11,550 Final Easement & Design Modifications $ 9,546 Contract Administration (Meetings, Reviews, Close-out) $ 21,752 Construction Observation, Testing and Survey $ 161,406 Total $ 204,254
The fees noted above are estimated, based on the scope noted above and schedule assumptions below. A breakdown of these fees is attached. Costs will be billed on an hourly basis. The terms of the work performed under this proposal would be in accordance with the existing Agreement for Professional Services between the City of Kenyon and Bolton & Menk.
3. Schedule Based on early conversations with the contractor, work will likely start in September this year. Based on the availability of parts, work throughout the entire project will be intermittent and isn't required to be completed until August 2024. Collectively, we estimate that the work will be active for roughly half of this time (6 months) over the next year.
We value our relationship with the City of Kenyon as your City Engineer and appreciate the opportunity to assist the City with this project. If there are any questions related to this proposal, please contact us.
Sincerely, Bolton & Menk, Inc.
Derek P. Olinger, P.E. Brian P. Malm, P.E. City Engineer Principal Engineer
Attachments: Engineering Fee Breakdown
Pearl Creek Sanitary Improvements July 2023 Proposal for Construction Services Page 3
Engineering Fee Breakdown
Project: Pearl Creek Sanitary Sewer & Gates Ave Utility Improvements
Principal
City Engr Eng Total Reimb Proj RPR Engr/Srvy Design AA Total Labor Total Hr Expense Engr Survey Cr Chief Survey Tech
1.3 Project Management 70 70 $ 11,550.00 $ - $ 11,550.00 6.1 Final Easement & Design Modifications 10 34 11 5 60 $ 9,546.00 $ - $ 9,546.00 6.2 Contract Admin (Meetings, Reviews, Closeout) 68 8 24 100 $ 16,752.00 $ 5,000.00 $ 21,752.00 6.3 Construction Observation, Testing and Survey 121 35 9 80 72 60 49 650 1076 $ 159,406.00 $ 2,000.00 $ 161,406.00 Subtotal Hours 269 35 51 80 72 60 60 679 1306 $ 197,254.00 $ 7,000.00 $ 204,254.00 Reimbursible Expense Breakdown (Included in Totals Above) * Sub Consultant Submittal Reviews $ 5,000.00 ** Sub Consultant Construction Material Testing $ 2,000.00
PID # 66.660.0090 (Reserved for Recording) Abstract
Permanent Utility Easement
THIS PERMANENT UTILITY EASEMENT (the "Easement") is made by Cemstone
Concrete Materials, LLC, an Iowa limited liability company, Grantor ("Owner") in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City").
Recitals
A. The Owner is the fee owner of certain real estate located in Goodhue County, Minnesota, legally described on the attached Exhibit A (the "Property").
B. City has offered and the Owner has accepted the City's offer of payment of $1,000 for the easement contained herein.
C. In furtherance of a utility improvement project, the City desires to obtain from the Owner, and the Owner desires to convey to the City a permanent, non-exclusive utility easement according to the terms and conditions contained herein.
Terms of Easement
1. Recitals. The above recitals are hereby incorporated into this Easement.
2. Grant of Easement. For good and valuable consideration including the receipt of $1,000 from the City, receipt of which is acknowledged by the Owner, the Owner grants and conveys to the City a permanent utility easement, which is legally described on Exhibit B, and further depicted on Exhibit C attached hereto (the "Easement Area").
3. Scope of Easement. The above-described Easement includes the rights of the City, its contractors, agents, and employees to enter the Easement Area at all reasonable times for the purposes of locating, constructing, reconstructing, installing, operating, maintaining, inspecting, altering, and repairing sanitary and storm sewer and overhead electrical facilities and other improvements not inconsistent with electrical or sewer utilities within the Easement Area.
DOCSOPEN\KE200\203\873956.v5-6/28/23 18 The Easement granted herein also includes the right to cut, trim, or remove any landscaping, improvements, or vegetation within the Easement Area that in the City's judgment unreasonably interferes with the easement or the City's facilities thereon.
4. Warranty of Title. The Owner warrants that it is the fee owner of the Property, and it has the right, title, and capacity to convey the Easement herein to the City.
5. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area or the Property prior to the date of this instrument.
6. Binding Effect. This Easement granted herein shall run with the land and shall be binding on the Owner, its successors and assigns.
State Deed Tax Due Hereon: None
Dated this ____ day of _________, 2023.
Grantor:
Cemstone Concrete Materials,
LLC
By:
Its: _____________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by _________________________________, the ___________________________ of Cemstone Concrete Materials, LLC, an Iowa limited liability company, on behalf of the company, as Grantor.
Notary Public
NOTARY STAMP OR SEAL
This Instrument Drafted By:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
DOCSOPEN\KE200\203\873956.v5-6/28/23 19 A-1 DOCSOPEN\KE200\203\873956.v5-6/28/23 20 B-1 DOCSOPEN\KE200\203\873956.v5-6/28/23 21 C-1 DOCSOPEN\KE200\203\873956.v5-6/28/23 22 PID # 66.660.0380 (Reserved for Recording) Abstract & PID # 66.660.0390
Permanent Utility Easement
THIS PERMANENT UTILITY EASEMENT (the "Easement") is made by Wilstor
LLC, a Minnesota limited liability company, Grantor ("Owner"), in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City").
Recitals
A. The Owner is the fee owner of certain real estate located in Goodhue County, Minnesota, legally described on the attached Exhibit A (the "Property").
B. The City has offered and the Owner has accepted the City's offer of payment of $1,200 for the easement contained herein.
C. In furtherance of a utility improvement project, the City desires to obtain from the Owner, and the Owner desires to convey to the City a permanent, non-exclusive utility easement according to the terms and conditions contained herein.
Terms of Easement
1. Recitals. The above recitals are hereby incorporated into this Easement.
2. Grant of Easement. For good and valuable consideration including the receipt of $1,200 from the City, receipt of which is acknowledged by the Owner, the Owner grants and conveys to the City a permanent utility easement, which is legally described on Exhibit B, and further depicted on Exhibit C attached hereto (the "Easement Area").
3. Scope of Easement. The above-described Easement includes the rights of the City, its contractors, agents, and employees to enter the Easement Area at all reasonable times for the purposes of locating, constructing, reconstructing, installing, operating, maintaining, inspecting, altering, and repairing sanitary and storm sewer and overhead electrical facilities 1 DOCSOPEN\KE200\203\873963.v5-6/26/23 23 and other improvements not inconsistent with electrical or sewer utilities within the Easement Area.
The Easement granted herein also includes the right to cut, trim, or remove any landscaping, improvements, or vegetation within the Easement Area that in the City's judgment unreasonably interferes with the easement or the City's facilities thereon.
4. Warranty of Title. The Owner warrants that it is the fee owner of the Property, and it has the right, title, and capacity to convey the Easement herein to the City.
5. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area or the Property prior to the date of this instrument.
6. Binding Effect. This Easement granted herein shall run with the land and shall be binding on the Owner, its successors and assigns.
State Deed Tax Due Hereon: None
Dated this ____ day of _________, 2023. GRANTOR:
Wilstor Llc
By:
Its: _____________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by _________________________________, the ___________________________ of Wilstor LLC, a Minnesota limited liability company, on behalf of the company, Grantor.
Notary Public
NOTARY STAMP OR SEAL
This Instrument Drafted By:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
DOCSOPEN\KE200\203\873963.v5-6/26/23 24 EXHIBIT A Legal Description of the Property
A-1 DOCSOPEN\KE200\203\873963.v5-6/26/23 25 A-2 DOCSOPEN\KE200\203\873963.v5-6/26/23 26 EXHIBIT B Legal Description of the Easement Area
B-1 DOCSOPEN\KE200\203\873963.v5-6/26/23 27 EXHIBIT C Depiction of Easement Area
C-1 DOCSOPEN\KE200\203\873963.v5-6/26/23 28 _______________________________________________________________________________ PID # 66.140.0090 (Reserved for Recording) Abstract
Permanent Sanitary Sewer Easement
THIS PERMANENT SANITARY SEWER EASEMENT (the "Easement") is made by
Donald S. Skillestad and Vicki Skillestad, spouses married to each other, Grantors, ("Owners") in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City"):
Recitals
A. The Owners are the fee owners of certain real estate located in Goodhue County, Minnesota, legally described on the attached Exhibit A (the "Property"); and
B. The Owners desire to grant to the City a permanent sanitary sewer easement, according to the terms and conditions contained herein.
Terms of Easement
1. Recitals. The above recitals are hereby incorporated into this Easement.
2. Grant of Permanent Sewer Easement. For good and valuable consideration, receipt of which is acknowledged by the Owners, the Owners grant and convey to the City a permanent sanitary sewer easement, which is legally described on Exhibit B, and further depicted on Exhibit C attached hereto (the "Easement Area").
3. Scope of Easement. The above-described Easement includes the rights of the City, its contractors, agents, and employees to enter the Easement Area at all reasonable times for the purposes of locating, constructing, reconstructing, installing, operating, maintaining, inspecting, altering, and repairing sanitary sewer facilities and improvements within the Easement Area.
The Easement granted herein also include the right to cut, trim, or remove any landscaping, improvements, or vegetation within the Easement Area that in the City's judgment unreasonably interferes with the easement or the City's facilities thereon.
The Owners will not erect, construct, or create any building, improvement, obstruction or structure of any kind within the Easement Area, either above or below the surface or change the grade thereof without the express written permission of the City. 1 KE200\203\877095.v3 29 4. Warranty of Title. The Owners warrant that they are the fee owners of the Property, and they have the right, title, and capacity to convey the Easement herein to the City.
5. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area or the Property prior to the date of this instrument.
6. Binding Effect. This Easement granted herein shall run with the land and shall be binding on the Owners, their heirs and assigns.
State Deed Tax Due Hereon: None
Dated this ______ day of ____________, 2023.
Owners
By: Donald S. Skillestad
By: Vicki Skillestad
State Of Minnesota )
) SS. COUNTY OF GOODHUE )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by Donald S. Skillestad and Vicki Skillestad, spouses married to each other, Owners, as Grantors.
______________________________ Notary Public
Notary Stamp Or Seal
This Instrument Drafted By:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
KE200\203\877095.v3 30 A-1 KE200\203\877095.v3 31 B-1 KE200\203\877095.v3 32 C-1 KE200\203\877095.v3 33 _______________________________________________________________________________ PID # 66.140.0030 (Reserved for Recording) Abstract
Permanent Sewer Easement
THIS PERMANENT SEWER EASEMENT (the "Easement") is made by Phillip C. Breidall and
Brandie M. Breidall, spouses married to each other, Grantors, ("Owners") in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City").
Recitals
A. The Owners are the fee owners of certain real estate located in Goodhue County, legally described on the attached Exhibit A (the "Property"); and
B. The Owners desire to grant to the City a permanent, non-exclusive sewer easement, according to the terms and conditions contained herein.
Terms of Easement
1. Recitals. The above recitals are hereby incorporated into this Easement.
2. Grant of Permanent Sanitary Sewer Easement. For good and valuable consideration, receipt of which is acknowledged by the Owners, the Owners grant and convey to the City a permanent sewer easement, which is legally described on Exhibit B, and further depicted on Exhibit C attached hereto (the "Easement Area").
3. Scope of Easement. The above-described Easement includes the rights of the City, its contractors, agents, and employees to enter the Easement Area at all reasonable times for the purposes of locating, constructing, reconstructing, installing, operating, maintaining, inspecting, altering, and repairing sanitary and storm sewer facilities and improvements within the Easement Area.
The Easement granted herein also include the right to cut, trim, or remove any landscaping, improvements, or vegetation within the Easement Area that in the City's judgment unreasonably interferes with the easement or the City's facilities thereon.
The Owners will not erect, construct, or create any building, improvement, obstruction or structure of any kind within the Easement Area, either above or below the surface or change the grade thereof without the express written permission of the City.
KE200\203\877096.v3 34 4. Warranty of Title. The Owners warrant that they are the fee owners of the Property, and they have the right, title, and capacity to convey the Easement herein to the City.
5. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area or the Property prior to the date of this instrument.
6. Binding Effect. This Easement granted herein shall run with the land and shall be binding on the Owners, their heirs and assigns.
State Deed Tax Due Hereon: None
Dated this ______ day of ____________, 2023.
Owners:
By: Phillip C. Breidall
By: Brandie M. Breidall
State Of Minnesota )
) SS. COUNTY OF GOODHUE )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by Phillip C. Breidall and Brandie M. Breidall, spouses married to each other, Owners, as Grantors.
______________________________ Notary Public
Notary Stamp Or Seal
This Instrument Drafted By:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
KE200\203\877096.v3 35 A-1 KE200\203\877096.v3 36 B-1 KE200\203\877096.v3 37 C-1 KE200\203\877096.v3 38 PID # 66.640.0191 (Reserved for Recording) Abstract
Permanent Sewer Easement
AND TEMPORARY CONSTRUCTION EASEMENT
THIS INSTRUMENT is made by Phillip C. Breidall and Brandie M. Breidall, spouses married to each other, Grantors ("Owners"), in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City"):
Recitals
A. The Owners are the fee owners of certain real estate located in Goodhue County, Minnesota, legally described on the attached Exhibit A (the "Property").
B. In furtherance of a utility improvement project, the City desires to obtain from the Owners, and the Owners desire to convey to the City a permanent, non-exclusive storm sewer easement (the "Permanent Easement") and a temporary construction easement (the "Temporary Easement") (collectively, the "Easements"), according to the terms and conditions contained herein.
Easements
1. Recitals. The recitals above are hereby incorporated herein and made part of this instrument.
2. Grant of Easements. For good and valuable consideration, the receipt of which is acknowledged by the Owners, the Owners hereby grant and convey to the City, its successors and assigns, the following Easements:
A. A permanent, non-exclusive storm sewer easement over, under, across and through that part of the Property legally described on the attached Exhibit B and shown on the attached Exhibit C (collectively, the "Permanent Easement Area"). 1 DOCSOPEN\KE200\203\877097.v5-6/26/23 39 B. A temporary construction easement over, under, across and through that part of the Property as described on the attached Exhibit D and shown on the attached Exhibit E (collectively, the "Temporary Easement Area").
3. Scope of Permanent Easement. The above-described Permanent Easement includes the rights of the City, its contractors, agents, and employees the right to enter the Permanent Easement Area at all reasonable times for purposes of constructing, operating, inspecting, maintaining, altering, grading, repairing, replacing, or removing subsurface sanitary sewer, storm sewer, watermain, or other subsurface utilities and drainage ways or other subsurface public improvements within the Easement Area
The Easement granted herein also includes the right to cut, trim, or remove from within the Permanent Easement Area trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations now or in the future as in the City's judgment unreasonably interfere with the use or maintenance of the Permanent Easement Area, or the function of the facilities located therein.
4. Scope of Temporary Easement. The above-described Temporary Easement includes the rights of the City, its contractors, agents, and employees to enter the Temporary Easement Area at all reasonable times for the purpose of grading, stockpiling, drainage and other general construction purposes.
The Temporary Easement granted herein also includes the right to cut, trim, or remove from within the Temporary Easement Area trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations now or in the future as in the City's judgment unreasonably interfere with the use or maintenance of the Temporary Easement Area, or the function of the facilities located therein.
The Owners shall not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Temporary Easement Area during the Term of the Temporary Easement, defined below, either above or below the surface or change the grade thereof without the express written permission of the City.
5. Warranty of Title. The Owners warrant that they are the fee owners of the Property and have the right, title, and capacity to convey to City the Easements herein.
6. Reasonable Access of City. The City and its authorized employees, agents, and contractors, including personnel and equipment, are granted reasonable access over other areas of the Property as may be needed to construct the improvements within the Permanent Easement Area and the Temporary Easement Area.
7. Restoration of Temporary Easement Area. Upon completion of construction or the expiration of the Term of the Temporary Easement, defined below, whichever occurs sooner, the City shall restore the Temporary Easement Area pursuant to the City's standard specifications for construction.
DOCSOPEN\KE200\203\877097.v5-6/26/23 40 8. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Temporary Easement Area, the Permanent Easement Area, or the Property prior to the date of this Instrument.
9. Binding Effect. The Permanent Easement shall run with the land and be binding on Grantors, their heirs and assigns.
10. Term of Temporary Easement. The Temporary Construction Easement shall expire on December 31, 2025.
State Deed Tax Due Hereon: None
Dated this ____ day of _________, 2023.
Grantors
By: Phillip C. Breidall
By: Brandie M. Breidall
State Of Minnesota )
) ss. COUNTY OF GOODHUE )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by Phillip C. Breidall and Brandie M. Breidall, spouses married to each other, Grantors.
Notary Public
NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
DOCSOPEN\KE200\203\877097.v5-6/26/23 41 EXHIBIT A Legal Description of the Property
A-1 DOCSOPEN\KE200\203\877097.v5-6/26/23 42 EXHIBIT B Legal Description of Permanent Easement Area
B-1 DOCSOPEN\KE200\203\877097.v5-6/26/23 43 EXHIBIT C Depiction of Permanent Easement Area
C-1 DOCSOPEN\KE200\203\877097.v5-6/26/23 44 EXHIBIT D Legal Description of Temporary Easement Area
D-1 DOCSOPEN\KE200\203\877097.v5-6/26/23 45 EXHIBIT E Depiction of Temporary Easement Area
E-1 DOCSOPEN\KE200\203\877097.v5-6/26/23 46 PID # 66.640.0200 (Reserved for Recording) Abstract
Permanent Sewer Easement
AND TEMPORARY CONSTRUCTION EASEMENT
THIS INSTRUMENT is made by Jerald L. Barrett and Diane K. Barrett, spouses married to each other, Grantors ("Owners"), in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City").
Recitals
A. The Owners are the fee owners of certain real estate located in Goodhue County, Minnesota, legally described on the attached Exhibit A (the "Property").
B. The City has offered, and the Owners have accepted the City's offer of payment in the sum of $24,000 for the easement contained herein.
B. In furtherance of a utility improvement project, the City desires to obtain from the Owners, and the Owners desire to convey to the City a permanent, non-exclusive utility easement (the "Permanent Easement") and a temporary construction easement (the "Temporary Easement") (collectively, the "Easements"), according to the terms and conditions contained herein.
Easements
1. Recitals. The recitals above are hereby incorporated herein and made part of this instrument.
2. Grant of Easements. For good and valuable consideration including the receipt of $24,000 from the City, receipt of which is acknowledged by the Owners, the Owners hereby grant and convey to the City, its successors and assigns, the following Easements: 1 DOCSOPEN\KE200\203\871680.v5-6/29/23 47 A. A permanent, non-exclusive storm and sanitary sewer easement over, under, across and through that part of the Property legally described on the attached Exhibit B and shown on the attached Exhibit C (collectively, the "Permanent Easement Area").
B. A temporary construction easement over, under, across and through that part of the Property as described on the attached Exhibit D and shown on the attached Exhibit E (collectively, the "Temporary Easement Area").
3. Scope of Permanent Easement. The above-described Permanent Easement includes the rights of the City, its contractors, agents, and employees the right to enter the Permanent Easement Area at all reasonable times for purposes of constructing, operating, inspecting, maintaining, altering, grading, repairing, replacing, or removing subsurface sanitary sewer, storm sewer, watermain, or other subsurface utilities and drainage ways or other subsurface public improvements within the Easement Area
The Easement granted herein also includes the right to cut, trim, or remove from within the Permanent Easement Area trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations now or in the future as in the City's judgment unreasonably interfere with the use or maintenance of the Permanent Easement Area, or the function of the facilities located therein.
4. Scope of Temporary Easement. The above-described Temporary Easement includes the rights of the City, its contractors, agents, and employees to enter the Temporary Easement Area at all reasonable times for the purpose of grading, stockpiling, drainage and other general construction purposes.
The Temporary Easement granted herein also includes the right to cut, trim, or remove from within the Temporary Easement Area trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations now or in the future as in the City's judgment unreasonably interfere with the use or maintenance of the Temporary Easement Area, or the function of the facilities located therein.
The Owners shall not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Temporary Easement Area during the Term of the Temporary Easement, defined below, either above or below the surface or change the grade thereof without the express written permission of the City.
5. Warranty of Title. The Owners warrant that they are the fee owners of the Property and have the right, title, and capacity to convey to City the Easements herein.
6. Reasonable Access of City. The City and its authorized employees, agents, and contractors, including personnel and equipment, are granted reasonable access over other areas of the Property as may be needed to construct the improvements within the Permanent Easement Area and the Temporary Easement Area.
DOCSOPEN\KE200\203\871680.v5-6/29/23 48 7. Restoration of Temporary Easement Area. Upon completion of construction or the expiration of the Term of the Temporary Easement, defined below, whichever occurs sooner, the City shall restore the Temporary Easement Area pursuant to the City's standard specifications for construction.
8. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Temporary Easement Area, the Permanent Easement Area, or the Property prior to the date of this Instrument.
9. Binding Effect. The Permanent Easement shall run with the land and be binding on Grantors, their heirs and assigns.
10. Term of Temporary Easement. The Temporary Construction Easement shall expire on December 31, 2025.
State Deed Tax Due Hereon: None
Dated this ____ day of _________, 2023. GRANTORS:
By: Jerald L. Barrett
By: Diane K. Barrett
State Of Minnesota )
) ss. COUNTY OF GOODHUE )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by Jerald L. Barrett and Diane K. Barrett, spouses married to each other, Grantors.
Notary Public
NOTARY STAMP OR SEAL
This Instrument Drafted By:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
DOCSOPEN\KE200\203\871680.v5-6/29/23 49 A-1 DOCSOPEN\KE200\203\871680.v5-6/29/23 50 B-1 DOCSOPEN\KE200\203\871680.v5-6/29/23 51 C-1 DOCSOPEN\KE200\203\871680.v5-6/29/23 52 D-1 DOCSOPEN\KE200\203\871680.v5-6/29/23 53 E-1 DOCSOPEN\KE200\203\871680.v5-6/29/23 54 PID # 66.540.0020 (Reserved for Recording) Abstract
Permanent Utility And Access Easement
AND TEMPORARY CONSTRUCTION EASEMENT
THIS INSTRUMENT is made by Jerald L. Barrett and Diane K. Barrett, spouses married to each other, Grantors ("Owners"), in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City"):
Recitals
A. The Owners are the fee owners of certain real estate located in Goodhue County, Minnesota, legally described on the attached Exhibit A (the "Property").
B. The City has offered and the Owners have accepted the City's offer of payment of $39,750 for the easement contained herein.
C. In furtherance of a utility improvement project, the City desires to obtain from the Owners, and the Owners desire to convey to the City a permanent, non-exclusive storm sewer easement (the "Permanent Easement") and a temporary construction easement (the "Temporary Easement"), according to the terms and conditions contained herein.
Easements
1. Recitals. The recitals above are hereby incorporated herein and made part of this instrument.
2. Grant of Easements. For good and valuable consideration including the receipt of $39,750 from the City, the receipt of which is acknowledged by the Owners, the Owners hereby grant and convey to the City, its successors and assigns, the following easements:
A. A permanent, non-exclusive storm sewer easement over, under, across and through that part of the Property legally described on the attached Exhibit B and depicted on the attached Exhibit C (collectively, the "Permanent Easement Area"). 1 DOCSOPEN\KE200\203\884665.v2-6/26/23 55 B. A temporary construction easement over, under, across and through that part of the Property as described on the attached Exhibit D and depicted on the attached Exhibit E (collectively, the "Temporary Easement Area").
3. Scope of Permanent Easement. The above-described Permanent Easement includes the rights of the City, its contractors, agents, and employees the right to enter the Permanent Easement Area at all reasonable times for purposes of constructing, operating, inspecting, maintaining, altering, grading, repairing, replacing, or removing subsurface sanitary sewer, storm sewer, watermain, or other subsurface utilities and drainage ways or other subsurface public improvements within the Easement Area
The Permanent Easement granted herein also includes the right to cut, trim, or remove from within the Permanent Easement Area trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations now or in the future as in the City's judgment unreasonably interfere with the use or maintenance of the Permanent Easement Area, or the function of the facilities located therein.
4. Scope of Temporary Easement. The above-described Temporary Easement includes the rights of the City, its contractors, agents, and employees to enter the Temporary Easement Area at all reasonable times for the purpose of grading, stockpiling, drainage and other general construction purposes.
The Temporary Easement granted herein also includes the right to cut, trim, or remove from within the Temporary Easement Area trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations now or in the future as in the City's judgment unreasonably interfere with the use or maintenance of the Temporary Easement Area, or the function of the facilities located therein.
The Owners shall not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Temporary Easement Area during the Term of the Temporary Easement, defined below, either above or below the surface or change the grade thereof without the express written permission of the City.
5. Warranty of Title. Grantors warrant that they are the fee owners of the Property and have the right, title, and capacity to convey to City the easements herein.
6. Reasonable Access of City. The City and its authorized employees, agents, and contractors, including personnel and equipment, are granted reasonable access over other areas of the Property as may be needed to construct the improvements within the Permanent Easement Area and the Temporary Easement Area.
7. Restoration of Temporary Easement Area. Upon completion of construction or the expiration of the Term of the Temporary Easement, defined below, whichever occurs sooner, the City shall restore the Temporary Easement Area pursuant to the City's standard specifications for construction.
DOCSOPEN\KE200\203\884665.v2-6/26/23 56 8. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Temporary Easement Area, the Permanent Easement Area, or the Property prior to the date of this Instrument.
9. Binding Effect. The Permanent Easement shall run with the land and be binding on Grantors, their heirs and assigns.
10. Term of Temporary Easement. The Temporary Construction Easement shall expire on December 31, 2025.
State Deed Tax Due Hereon: None
Dated this ____ day of _________, 2023.
Grantors:
By: Jerald L. Barrett
By: Diane K. Barrett STATE OF MINNESOTA ) ) ss. COUNTY OF GOODHUE )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by Jerald L. Barrett and Diane K. Barrett, spouses married to each other, Grantors.
Notary Public
NOTARY STAMP OR SEAL
This Instrument Drafted By:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
DOCSOPEN\KE200\203\884665.v2-6/26/23 57 A-1 DOCSOPEN\KE200\203\884665.v2-6/26/23 58 B-1 DOCSOPEN\KE200\203\884665.v2-6/26/23 59 C-1 DOCSOPEN\KE200\203\884665.v2-6/26/23 60 D-1 DOCSOPEN\KE200\203\884665.v2-6/26/23 61 E-1 DOCSOPEN\KE200\203\884665.v2-6/26/23 62 _______________________________________________________________________________ PID # 66.540.0230 (Reserved for Recording) Abstract
Permanent Sanitary And Storm Sewer Easement
THIS PERMANENT SANITARY AND STORM SEWER EASEMENT (the "Easement") is made by Jerald L. Barrett and Diane K. Barrett, spouses married to each other, Grantors ("Owners"), in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City").
Recitals
A. The Owners are the fee owners of certain real estate located in Goodhue County, Minnesota, legally described on the attached Exhibit A (the "Property").
B. The City has offered and the Owners have accepted the City's offer of payment of $1,500 for the easement contained herein.
C. The Owners desire to grant to the City a permanent, non-exclusive storm and sanitary sewer easement, according to the terms and conditions contained herein.
Terms of Easement
1. Recitals. The recitals above are hereby incorporated herein and made part of this instrument.
2. Grant of Permanent Storm Sewer Easement. For good and valuable consideration including the receipt of $1,500 from the City, receipt of which is acknowledged by Owners, Owners grant and convey to the City a permanent sanitary and storm sewer easement, which is legally described on Exhibit B, and further depicted on Exhibit C attached hereto (the "Easement Area").
3. Scope of Easement. The above-described Easement includes the rights of the City, their contractors, agents, and employees to enter the Easement Area at all reasonable times for the purposes of installing, operating, inspecting, repairing, improving, maintaining, replacing, and removing storm and sanitary sewer improvements on the Property (the "Work").
The Easement granted herein also include the right to cut, trim, or remove any landscaping, improvements, or vegetation within the Easement Area that in the City's judgment unreasonably interferes with the easement or its facilities thereon.
KE200\203\871938.v3 63 The Owners will not erect, construct, or create any building, improvement, obstruction or structure of any kind within the Easement Area, either above or below the surface or change the grade thereof without the express written permission of the City.
4. Warranty of Title. The Owners warrant that they are the fee owners of the Property, and they have the right, title, and capacity to convey the Easement herein to the City.
5. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants that may have existed on, or that relate to, the Easement Area or the Property prior to the date of this instrument.
6. Binding Effect. This Easement granted herein shall run with the land and shall be binding on the Owners, its successors and assigns.
State Deed Tax Due Hereon: None
Dated this ______ day of ____________, 2023.
Owners:
By: Jerald L. Barrett
By: Diane K. Barrett STATE OF MINNESOTA ) ) SS. COUNTY OF GOODHUE )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by Jerald L. Barrett and Diane K. Barrett, spouses married to each other, Owners.
______________________________ Notary Public
Notary Stamp Or Seal
This Instrument Drafted By:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
KE200\203\871938.v3 64 A-1 KE200\203\871938.v3 65 B-1 KE200\203\871938.v3 66 C-1 KE200\203\871938.v3 67 PID # 66.540.0100 (Reserved for Recording) Abstract
Permanent Access Easement
AND TEMPORARY ACCESS EASEMENT
THIS INSTRUMENT is made by Jerald L. Barrett and Diane K. Barrett, spouses married to each other, Grantors ("Owners"), in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City"):
Recitals
A. The Owners are the fee owners of certain real estate located in Goodhue County, Minnesota, legally described on the attached Exhibit A (the "Property").
B. The City has offered and the Owners have accepted the City's offer of payment of $9,750 for the easement contained herein.
C. In furtherance of a utility improvement project, the City desires to obtain from the Owners, and the Owners desire to convey to the City a permanent, non-exclusive access easement (the "Permanent Easement") and a temporary access easement (the "Temporary Easement"), according to the terms and conditions contained herein.
Easements
1. Recitals. The recitals above are hereby incorporated herein and made part of this instrument.
2. Grant of Easements. For good and valuable consideration including the receipt of $9,750 from the City, the receipt of which is acknowledged by the Owners, the Owners hereby grant and convey to the City, its successors and assigns, the
DOCSOPEN\KE200\203\871940.v4-6/26/23 68 following easements:
A. A permanent, non-exclusive access easement for ingress and egress purposes over, under, across, and through that part of the Property legally described on the attached Exhibit B and shown on the attached Exhibit C (collectively, the "Permanent Easement Area").
B. A non-exclusive, temporary access easement for ingress and egress purposes over, under, across and through that part of the Property as described on the attached Exhibit D and shown on the attached Exhibit E (collectively, the "Temporary Easement Area").
3. Scope of Permanent Easement. The above-described Permanent Easement includes the rights of the City, its contractors, agents, and employees the right to enter upon and cross the Permanent Easement Area at all reasonable times, including with construction vehicles and equipment, for the purpose of accessing the City's drainage and utility easements on adjacent property.
The Permanent Easement granted herein also includes the right to cut, trim, or remove from within the Permanent Easement Area trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations now or in the future as in the City's judgment unreasonably interfere with the use or maintenance of the Permanent Easement Area, or the function thereof.
4. Scope of Temporary Easement. The above-described Temporary Easement includes the rights of the City, its contractors, agents, and employees to enter the Temporary Easement Area at all reasonable times with construction vehicles and equipment, for the purpose of accessing the City's drainage and utility easements on adjacent property.
The Temporary Easement granted herein also includes the right to cut, trim, or remove from within the Temporary Easement Area trees, shrubs, or other vegetation, and to prohibit obstructions and grading alterations now or in the future as in the City's judgment unreasonably interfere with the use or maintenance of the Temporary Easement Area, or the function thereof.
The Owners shall not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Temporary Easement Area during the Term of the Temporary Easement, defined below, either above or below the surface or change the grade thereof without the express written permission of the City.
5. Warranty of Title. Grantors warrant that they are the fee owners of the Property and have the right, title, and capacity to convey to City the Easements herein.
DOCSOPEN\KE200\203\871940.v4-6/26/23 69 6. Restoration of Temporary Easement Area. Upon completion of construction or the expiration of the Term of the Temporary Easement, defined below, whichever occurs sooner, the City shall restore the Temporary Easement Area pursuant to the City's standard specifications for construction.
7. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Temporary Easement Area, the Permanent Easement Area, or the Property prior to the date of this Instrument.
8. Binding Effect. The easement shall run with the land and be binding on Grantors, their heirs and assigns.
9. Term of Temporary Easement. The Temporary Construction Easement shall expire on December 31, 2025.
---The remainder of this page intentionally left blank---
DOCSOPEN\KE200\203\871940.v4-6/26/23 70 Dated this ____ day of _________, 2023.
Grantors:
By: Jerald L. Barrett
By: Diane K. Barrett
State Of Minnesota )
) ss. COUNTY OF GOODHUE )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by Jerald L. Barrett and Diane K. Barrett, spouses married to each other, Grantors.
Notary Public
NOTARY STAMP OR SEAL
This Instrument Drafted By:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
DOCSOPEN\KE200\203\871940.v4-6/26/23 71 A-1 DOCSOPEN\KE200\203\871940.v4-6/26/23 72 B-1 DOCSOPEN\KE200\203\871940.v4-6/26/23 73 C-1 DOCSOPEN\KE200\203\871940.v4-6/26/23 74 D-1 DOCSOPEN\KE200\203\871940.v4-6/26/23 75 E-1 DOCSOPEN\KE200\203\871940.v4-6/26/23 76 PID Nos. 66.640.0190, 66.640.0170 (Reserved for Recording) Abstract
Temporary Construction Easement
THIS EASEMENT is made by James R. Gould and Barbara J. Gould, spouses married to each other, Grantors ("Owners"), in favor of the City of Kenyon, a Minnesota municipal corporation, Grantee ("City"). Recitals
A. The Owners are the fee owners of certain real estate located in Goodhue County, Minnesota, legally described on the attached Exhibit A and Exhibit A-1 (collectively, the "Property"); and
B. In furtherance of a utility improvement project, the City desires to obtain from the Owners, and the Owners desire to convey to the City a temporary, non-exclusive construction easement according to the terms and conditions contained herein.
Easement
1. Recitals. The recitals above are hereby incorporated herein and made part of this Agreement.
2. Grant of Easement. For good and valuable consideration, the receipt of which is acknowledged by the Owners, the Owners hereby grant and convey to the City, its successors and assigns, a temporary easement for construction purposes which is legally described on Exhibit B and Exhibit B-1, and depicted on Exhibit C and Exhibit C-1 attached hereto (collectively, the "Easement Areas").
3. Scope of Easement. The above-described easement includes the rights of the City, its contractors, agents, and employees to enter the Easement Areas at all reasonable times for purposes of installation, reinstallation, construction, reconstruction, repairing, altering, and removing the City's private sewer utilities, and all purposes ancillary thereto.
The temporary easement granted herein also includes the right to cut, trim, or remove any landscaping, trees, shrubs, improvements, or vegetation within the Easement Areas that in the City's judgment unreasonably interfere with the easement.
KE200\203\877094.v3 77 The Owners shall not erect, construct, or create any building, improvement, obstruction, or structure of any kind within the Easement Areas during the Term of this temporary easement, defined below, either above or below the surface or change the grade thereof without the express written permission of the City.
4. Warranty of Title. The Owners warrant that they are the fee owners of the Property and have the right, title, and capacity to convey to the City the easement herein.
5. Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Areas or the Property prior to the date of this instrument.
6. Binding Effect. The terms and conditions of this Easement shall run with the land and be binding on Grantors, their heirs and assigns.
7. Term. The temporary easement granted herein shall expire on December 31, 2025.
State Deed Tax Due Hereon: None
Dated this _____ day of ______________, 2023.
Grantors:
By: James R. Gould
By: Barbara J. Gould STATE OF MINNESOTA ) ) SS. COUNTY OF _________ )
The foregoing instrument was acknowledged before me this ___ day of _____________, 2023, by James R. Gould and Barbara J. Gould, spouses married to each other, Owners, as Grantors.
Notary Public
NOTARY STAMP OR SEAL
This Instrument Drafted By:
Kennedy & Graven, Chartered
Fifth Street Towers, Suite 700 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300
KE200\203\877094.v3 78 EXHIBIT A Legal Description of the Property
A-1 KE200\203\877094.v3 79 EXHIBIT A-1 Legal Description of the Property
A-1-1
KE200\203\877094.v3 80 EXHIBIT B Legal Description of Easement Area
B-1 KE200\203\877094.v3 81 EXHIBIT B-1 Legal Description of Easement Area
B-1-1
KE200\203\877094.v3 82 EXHIBIT C Depiction of Easement Area
KE200\203\877094.v3 C-1 83 EXHIBIT C-1 Depiction of Easement Area
KE200\203\877094.v3 C-1-1 84 RESOLUTION NO. 2023-17
City Of Kenyon
COUNTY OF GOODHUE
STATE OF MINNESOTA