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CC Regular Session 4. 3. <br />Meeting Date: 10/28/2014 <br />By: Chris Anderson, Community <br />Development <br />Information <br />Title <br />Consider Request from Connexus Energy for a Ten (10) Foot Utility Easement on 7443 Highway 10 NW <br />Purpose/Background: <br />Connexus Energy has approached the City about obtaining a ten (10) foot utility easement (the "Easement") across <br />a portion of a City -owned parcel located at 7443 Highway 10 NW (the "Subject Property"). The Easement is <br />needed so that Connexus can install a ground electrical transformer to service the business located on the adjacent <br />property at 7575 Highway 10 NW (M & G Trailer Sales). <br />Notification: <br />Notification is not required. <br />Observations/Alternatives: <br />There do not appear to be any physical constraints or concerns with granting a utility easement across the southern <br />ten (10) feet of the Subject Property. However, the Subject Property was acquired through the Right -of -Way <br />Acquisition Loan Fund (RALF) program and thus, any conveyance or encumbrance of the Subject Property <br />requires the consent/approval of the Metropolitan Council. Again, the purpose of the easement is so that Connexus <br />can install a ground electrical transformer to service a local business operating on the adjacent property to the west <br />(7575 Highway 10 NW). Connexus Energy has prepared a Quit Claim Deed as well as the legal description and <br />exhibit for the proposed utility easement, both of which are attached to this case. <br />Funding Source: <br />This request is being handled as part of Staffs regular duties. <br />Recommendation: <br />Staff recommends granting the utility easement to Connexus Energy contingent upon consent from the Metropolitan <br />Council. <br />Action: <br />Motion to approve Resolution #14-10-224 granting a ten (10) foot utility easement to Connexus Energy over a <br />portion of City -owned land at 7443 Highway 10 NW, contingent upon approval of the encumbrance by the <br />Metropolitan Council. <br />Attachments <br />Site Location Map <br />Quit Claim Deed <br />RALF Loan Agreement <br />Easement Exhibit <br />Utility Easement Legal Description <br />DRAFT: Amended Agreement and Restrictive Covenant <br />