HomeMy WebLinkAbout6.C.6. Authorize Execution of Encroachment Agreement with Met Council Environ. Services for Project No. 2007-3
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CITY OF SHAKOPEE CONSEt~T
Memorandum
TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Joe Swentek, Project Engineer
SUBJECT: Authorize Execution of Encroachment Agreement with Metropolitan
I
Council Environmental Services for Pike Lake Road Project No. 2007-3
DATE: April 3, 2007
INTRODUCTION:
Attached is a consent to allow encroachment onto s~itary sewer easement agreement
from the Metropolitan Council Environmental Services (MCES), as approved by the City
Attorney.
BACKGROUND:
Improvement of 1,100 feet of Pike Lake Road south ofCSAH 16 and a public street 425
feet west of Pike Lake Road is necessary for a new elementary school to open in August
2007. Portions of the improvement project encroach u~on a permanent easement held by
the MCES. The MCES facilities within the easement donsist of a gravity sanitary sewer
,pipe (referred to as the Prior Lake Interceptor) running south to north along the west side
of Pike Lake Road. The MCES has provided com~spondence stating they have no
objections to the proposed improvements within their easement, but still require this
encroachment agreement to be executed.
Previously, City Council adopted Resolution No. 6580, a resolution approving plans and
specifications for Pike Lake Road, from CSAH 16 to 1,100 feet south of CSAH 16.
Project No. 2007-3. This project is currently out for bids. Bids will be received on April
10, 2007 for this project and brought back to City Council on April 17, 2007 for
consideration of award of contract.
AL TERNA TIVES:
1. Authorize the execution of an encroachment agreement with Metropolitan
Council Environmental Services for Pike Lake Road Project No. 2007-3.
2. Do not authorize the execution of an encroachment agreement with Metropolitan
Council Environmental Services for Pike Lake Road Project No. 2007-3.
3. Table for additional information.
. .
RECOMMENDATION:
,
Staff recommends Alternative No.1, as the encroac~ent agreement with Metropolitan
Council Environmental Services for Pike Lake Rodd Project No. 2007-3 has been
reviewed by City staff and approved by the City Attornh.
ACTION REQUESTED:
Authorize the execution of an encroachment agreement with Metropolitan Council
Environmental Services for Pike Lake Road Project No. 2007-3.
4--~",~
i
Joe Swentek
Project Engineer
CONSENT TO ALLOW ENCROACHMENT
ONTO SANITARY SEWER EASEMENT
Interceptor Number: 7120-2
Encroachment Number: -
County of Scott
The Metropolitan Council, a public corporation and political subdivision of the state, having an
interest in the permanent easement described in Document No. 147582, filed in the office of the
Scott County Recorder on October 31st, 1975, covering I the premises lying and being in
Shakopee, Minnesota, and described as:
That part of the Westerly 35.00 feet of the Easterly 68.00 feet of the East half of the Southwest
Quarter of Section 14, Township 115, Range 22, lying Southerly of Scott County Road No. 16,
and which lies Northerly of the Southerly 707.00 feet of said East half of the Southwest Quarter.
In consideration of the sum of One Dollar and other good. and valuable consideration to it in
hand paid, the receipt and sufficiency of which is hereby aclrnowledged, hereby consents to the
encroachment onto that certain easement between the owner of said property and the
Metropolitan Council (MCES), to-wit:
Property and Easement Description from Doc. No. 147582, attached as "Exhibit A"
The encroachment permitted by this Consent is described as follows:
Access and improvements for the construction of storm and sanitary sewers, water mains,
grade changes for street improvements, a bituminous trail, and site grading, across the
Metropolitan Council easement and sanitary sewer interceptor. The plans, pages 1-43, as
shown and reviewed by the Metropolitan Council in the plan set provided for City Project
No. 2007-3 prepared by WSB and Associates, Inc. dated February 23rd, 2007. Attached as
"Exhibit B" are 2 reduced size pages from the plan set showing the location of the
improvements.
This Consent does not allow the encroachment onto the pipe owned by the Metropolitan Council
to be used for any purpose other than the purpose described herein.
The Metropolitan Council and The City of Shakopee, its successors and assigns, hereinafter
referred to as the Permittee, hereby agree that said encroachment shall be subject to the following
conditions:
- 1 -
1. Permittee, and their contractors must protect the Metropolitan Council facilities during
installation of the improvements. Stockpiles of soil and construction material; and
imposition of excessive loading over the interceptor sewer is not permitted within the
easement area.
2. Permittee, their successors and assigns, will indemnify, save and hold the Metropolitan
Council harmless from and against any loss, cost, or expense incurred by the Metropolitan
Council, including any losses resulting from claims or damages to property or injuries to or
deaths of persons, judgments, court costs and reasonable attorneys fees, which arise out of or
are claimed to have arisen out of the encroachment on or use of the encroachment area by
Permittee,
3. Permittee, their successors and assigns will notify the Metropolitan Council at least 48 hours
in advance of the actual physical start of any construction.
5. Permittee, their successors and assigns, hereby agree th,at it will ensure their contractor and
subcontractor's compliance with all applicable safety st~dards pertaining to working in the
atmosphere of sanitary sewers.
Attention is specifically directed to the confined rules adopted by the Minnesota Department
.0fLabor and Industry Regulations 5207.0300.
6. Permittee, their successors and assigns, hereby agree that construction of the project is in
accordance with the construction plans as reviewed and approved by the Metropolitan
Council.
7. Permittee, their successors and assigns, hereby agree that the Metropolitan Council
employees, agents, and successors in interest shall have access to its facilities at all times.
8. Permittee, their successors and assigns, will pay for repair or replacement of any damage to
or destruction of Metropolitan Council's facilities, which damage or destruction arises from
or is attributable to the encroachment described in this consent.
9. Should the Metropolitan Council find it necessary to remove or disturb in any way the
improvements in the easement area, removal and replacement of said improvements shall be
paid for by Tollefson Development Inc., their successors and assigns.
10. This agreement shall be binding upon and inure to the benefit of the parties hereto and their
successors and assignees and the consent granted herein shall be perpetual and shall
constitute a covenant running with the land.
IN WITNESS WHEREOF, the undersigned parties have caused this agreement to be duly
executed this day of ,20_.
-2-
City of Shakopee
By:
Its:
STATE OF MINNESOTA )
)ss
COUNTY OF )
I
I
On the day of , 20_, befpre me, a notary public within and
for said County, appeared ,1 respectively named in the foregoing
instrument and was signed on behalf of said City of Shakopee, a Minnesota Municipal
Corporation, , on behalf of said corporation.
Notary Public
METROPOLITAN COUNCIL
- 3 -
By:
Thomas H. Weaver
Regional Administrator
STATE OF MINNESOTA )
)ss
COUNTY OF RAMSEY )
On the day of , 20_, before me, a notary public within
and for said County, personally appeared Thomas H. Weaver, Regional Administrator, named in
the foregoing instrument, and that said instrument was sigped on behalf of said Metropolitan
Council, a public corporation and political subdivision of the state, by authority of its Board and
said Board acknowledged said instrument to be the free 'act and deed of said Metropolitan
Council.
Notary Public
Approved as to Legal Form:
Office of General Counsel
DRAFTED BY:
Jeanne K. Matross
Attorney No. 68615
Associate General Counsel
Office of General Counsel
Metropolitan Council
230 East Fifth Street
St. Paul, MN 55101
651-602-1108
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Exflt(j rr A- 1/3
PERPETUAL EASEMENT AGREEMENT
~-!
THIS AGREEMENT, made this ;)/. da~ of
a~Lt,/. ,
, 197:5, by and between GEORGE ~. SHUTROP
and wife IDELLA J. SHUTROP, as joint tenants, hereina~ter
called "Grantors," for and in consideration of the sum of One
Iiollar ($1. 00) and other good and valuable consideration to
them in hand paid by the METROPOLITAN WASTE CONTROL COMMISSION,
a duly constituted agency of the Metropolitan Council'i its succes-
sors and assigns, hereinfter called "Grantee," and in 'consider-
ation of the faithful performance by the parties here~o of the
covenants hereinafter contained, to be kept and perforbed by
said parties, do hereby grant unto said Grantee the following
perpetual easement to install, operate, maintain, repair, replace or
remove a sanitary sewer line over, upon and across:
That part of the East half of the South-
west Quarter (E 1/2 of SW 1/4) of Section
14, Township IlS, Range 22 West of the
5th Principal Meridian which lies South
of Scott County Road 16.
Said perpetual easement being the Westerly
35 feet of the Easterly 68 feet of said
East half of the Southwest Quarter (E
1/2 of SW 1/4).
Subject, however, to the terms, reservations and conditions
hereinafter set forth as follows:
l. The easement granted herein gives the Grantee,
its successors and assigns and contractors, the right and
privilege to enter upon the premises described herein to
construct, maintain and repair said sewer line, for the
purpose of conveying sewage over, across, through and undef
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2. Grantee agrees to restore said premise as
nearly as possible to the same condition as they were prior
to the time of installation of said sewer line and in the
event of repair or main..tenance of said line ,to restore said
premises as nearly as practical to the same condition as
they were prior to said repair or maintenance.
3. @rantee agrees to assume all liability and to
indemnify and compensate Grantors for any injury or damage
to persons or property occasioned by or arising in co~nec-
tion with the use of the above premises by Grantee, and
Grantee further agrees to defend, indemnify and save iharm-
less Grantors against all actions, claims, damages or
demands which may be brought or made either against Grantors
or against Grantors' interest in the above described land by
reason of anything done by Grantee, its agents or contractors,
in the exercise.of the rlghts and privileges herein granted.
4. In the event Grantee at any time discontinues
the use of the property for the purposes granted herein,
then and in such event, this easement, together with all
rights and privileges granted hereunder; shall terminate and
Grantee shall execute a Release or.Quit-Claim to Grantors.
5.
and are in possession of the above'
lawful right and authority
described herein.
6. . The terms,
shall extend
',' ..' their heirs,:
~... successors. or assign's;
,.
,-
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xf+f6lT A -g(3,
IN WITNESS WHEREOF, the said parties have caused
. this lnstrument to be executed the day and year first above
written.
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GEORGE dJ. S UTROf
(\/ Ld~~-Y-~u~;vb ,
IDE'LLA J. OF j1
v i
I
STATE OF MINNESOTA)
, ~) SS
COUNTY OF. ' )
d'~ 1975,
On this ,'"f)/v day of " - , Ar/' ,
before me, a Notary Public within and for sai County, personally
appeared GEORGE J. SHUTROP and IDELLA J. SHUTROP, husband and
wife, to me personally known, who, being each by me duly sworn,
did say that they are the Grantors named in the foregoing
instrument and they executed said instrument as their free act
and deed.
1""...............
8 NEIL A, SIEBEN
t~ ':..U NOTAR)' ~UBUC.. ,MINNE'SQTA
t H<NNfPIN COUNTY
My Commlu/on hpire$ Jan. ~2. 1975'
XTm ,y un", 1YTYYYlmYn,,,",y,
HOLMES, EUSTIS, KIRCHER & GRAVEN
4610 IDS Center
Minneapolis, Minnesota 55402
Telephone: (612) 339-8373
Offi.,. of Revill.. 0/ DMda ~ss
Scott County, "Mlnn.
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LEGEND \ i
-- RIGHT-OF - WA Y i I
APPRDVED FOR ONE YEA
LOT LINE R fRDM THIS DATE /
------------ EASEMENT
- WA TER MAIN
- SANITARY SEWER SHAKDPEE PUBLIC
STORM SEWER UTILITIES COMMISSION ~ ,
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SANJTARY"INTERCEPTOR
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