Resolution No. 2024-80, Approving Easement Agreement for CenterPoint Energy Gas Line through Edgewater Gardens Park
Resolution No. 2024-80
Approving Easement Agreement for CenterPoint Energy Gas Line
through Edgewater Gardens Park
Whereas, the City of Fridley owns the property at Edgewater Gardens Park; and
Whereas, the CenterPoint Energy has requested a permanent easement through a portion of
Edgewater Gardens Park for the realignment of their gas line corridor through Mississippi Street;
and
Whereas, the City of Fridley has coordinated with CenterPoint Energy to minimize impacts to
the park improvements for the construction of the new gas line; and
Whereas, the City of Fridley and CenterPoint Energy arranged a location of the permanent
easement that will have minimal impact on utilization of Edgewater Gardens Park and long-term
maintenance; and
Whereas, CenterPoint Energy has provided the required easement documents and offered a
compensation of $64,082.21 for proposed permanent easement at Edgewater Gardens Park.
Now, therefore be it resolved, that the Fridley City Council of the City of Fridley, in
consideration of $64,082.21, does hereby grant a permanent easement for gas line purposes to
CenterPoint Energy, per the terms of the easement documents, attached hereto as Exhibit A, on
land owned by the City of Fridley as depicted on said easement documents.
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Passed and adopted by the City Council of the City of Fridley this 10 day of June, 2024.
_______________________________________
Scott J. Lund – Mayor
Attest:
Melissa Moore – City Clerk
Exhibit A
2024-002
EASEMENT
Abstract
THIS EASEMENT made __________________________, 2024, by and between
City of Fridley, a municipal corporation under the laws of Minnesota, situated in the County
of Anoka, State of Minnesota ("Grantor"), and CenterPoint Energy Resources Corp., a
Delaware corporation, doing business in Minnesota as CenterPoint Energy Minnesota
Gas, its successors, and assigns ("Grantee").
1. Grantor warrants it is the owner of that certain real property in Fridley, Anoka
County, Minnesota, described below and in Document No. 29103.0 filed of record in the
County Recorder, Anoka County, Minnesota, and has the right, without title restriction, to
execute and deliver this instrument:
Lots 1 through 13, Block 7, EDGEWATER GARDENS and Lots 1, 3, 4, and
5, Block 6, EDGEWATER GARDENS, according to the recorded plat on
file with Anoka County, Minnesota. (GrantorÓs Property).
2. Grantee desires an easement in, under, and upon GrantorÓs Property.
Grantor, in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration paid by Grantee, the receipt of which is acknowledged, hereby grants to
Grantee, its successors, and assigns, forever, a perpetual, exclusive Easement to lay,
construct, inspect, protect, operate, maintain, alter, abandon, replace, substitute and
remove the gas transmission or distribution pipelines or pipeline facilities and
appurtenances thereto ("gas facilities") in, under and upon GrantorÓs Property in Fridley,
Anoka County,, Minnesota. Said easement is described as:
The North 9 foot of Lot 6, Block 7 and the South 41 foot of Lot 5, Block 7 of
EDGEWATER GARDENS,
AND
All of Lots 1, Block 6, EDGEWATER GARDENS, EXECPT the Westerly 35
feet.
AND
The West 50-foot of the East 97-foot of lots 3, 4, 5, Block 6, EDGEWATER
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GARDENS, according to the recorded plat on file with Anoka County,
Minnesota. ("GranteeÓs Easement").
As shown in Exhibits 1 & 2, attached to and incorporated herein by reference.
3. In addition, Grantor grants to Grantee, its successors and assigns, the right
of ingress and egress to and from GrantorÓs Property and GranteeÓs Easement; the right of
surveying, the right of lateral and subjacent support; and the right to place signs and
markers on GranteeÓs Easement as required by law, or in GranteeÓs judgment, to protect
the public interest or property owner or to notify them of GranteeÓs Easement. Grantor also
grants to Grantee, its successors and assigns, the privilege of temporarily placing tools,
equipment, material, and soil on GrantorÓs Property for the above purposes.
4. Grantor further grants to Grantee the right to clear and keep GranteeÓs
Easement cleared of trees, roots, brush, or other encroachments or obstructions on the
surface, sub-surface, and over GranteeÓs Easement which may interfere with the gas
facilities. However, subject to GranteeÓs written approval, Grantor retains the right to
landscape GranteeÓs Easement with grass, mulch, or similar material and to pave GranteeÓs
Easement for parking and driveway purposes. In the event, Grantee disrupts, removes, or
destroys any grass or other landscaping in the GranteeÓs Easement in exercising its rights
hereunder, Grantee will repair, replace and restore the disturbed area as close to its original
condition as possible.
5. Grantor agrees not to interfere with, obstruct, or perform or undertake any
activity that could damage or restrict GranteeÓs use or operation of its gas facilities or the
rights granted to Grantee by this instrument. Additionally, Grantor agrees not to encroach
upon GranteeÓs Easement by filling, excavating, or erecting buildings or permanent
enclosures unless the same are pre-approved by Grantee, which approval shall not be
unreasonably delayed or withheld. Grantor understands and agrees that Grantee may
remove any unapproved encroachments or obstructions Grantor places on GranteeÓs
Easement, at GrantorÓs expense.
6. Grantor agrees that future utilities or other entities will not be located within
GranteeÓs Easement without GranteeÓs advance written consent, which consent shall not
be unreasonably delayed or withheld.
7. Grantee will exercise due care and diligence to avoid injury or damage to
GrantorÓs non-encroaching buildings, permitted personal property, and permitted
landscaping. Grantee indemnifies Grantor from any such damage or loss arising or
occurring to such property solely by reason of the operation, maintenance, relocation,
replacement, substitution, or removal of GranteeÓs gas facilities.
8. If Grantee discontinues the use of its gas facilities, Grantee has the right, but
not the duty, to enter upon GranteeÓs Easement and remove all or any portion of its gas
facilities.
9. Grantee may exercise the rights conveyed herein from time-to-time as may
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be necessary and convenient, and GranteeÓs failure to exercise said rights will not limit or
extinguish said rights. GranteeÓs rights can only be extinguished or modified by a written
instrument executed by Grantee and filed of record in the county and state aforesaid.
10. Recitals are incorporated and made a part of this Easement.
11. The persons signing this Easement have the real and apparent authority to
bind the respective parties.
12. The terms and provisions of this instrument run with the land and extend to
and are binding upon Grantor and GrantorÓs heirs, legal representatives, successors, and
assigns. Grantee may assign or lease this Easement in whole or in part.
(REMAINDER OF PAGE LEFT BLANK INTENTIONALLY)
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GRANTOR:
By:
__________________Mayor
By:
__________________City
STATE OF MINNESOTA)
) ss.
COUNTY OF ANOKA)
The foregoing instrument was acknowledged before me this ______ day of
__________________, 2024, by _________________, Mayor and ______________,
City , City of Fridley, a municipal corporation under the laws of the State of
Minnesota, situated in the County of Anoka, State of Minnesota.
Notary Public
G RANTEE:
CenterPoint Energy Resources Corp.,
d/b/a CenterPoint Energy Minnesota Gas
By:
Crystal R. Shrader, Manager,
Surveying & Right of Way Regional Support,
Agent & Attorney-in-Fact
STATE OF TEXAS)
) ss.
COUNTY OF HARRIS)
The foregoing instrument was acknowledged before me this ___ day of ______________, 2023,
by Crystal R. Shrader, Manager of Surveying & Right of Way Regional Support and Agent &
Attorney-in-Fact for CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota
Gas.
________________________________________
Notary Public
ATTENTION COUNTY RECORDER:
Please mail this document after recording to:
THIS INSTRUMENT WAS DRAFTED BY:
CenterPoint Energy Resources Corp., d/b/a CenterPoint
Chuck Mayers SR/WA
Energy Minnesota Gas
Senior Agent, Right of Way
700 West Linden Avenue
CenterPoint Energy
Minneapolis, MN 55440-1165
P.O. Box 1165
Minneapolis, MN 55440-1165
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City of Fridley
PID
# 15-30-24-14-0083
2024-002
Easeme
nt
6700 Ashton Aveue N.E.
Anoka Coun
ty
Exhibit 1
50'
50'
Fridley, MN 55
432
Not to Scale
NE S-15
T-30 R-24
Block
Lot 2
City of Fridley
PID
# 15-30-24-14-008350'
2024-002
6700 Ashton Aveue N.E.
Anoka Cou
nty
Exhibit 2
Fridley, MN 55
432
Easement
Lots 1, 3, 4, 5, Bl
ock 6
17,610
Sq Ft.
EdgeWater Gardens
Not to Scale
NE S-15
T-30 R-24
50'