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Home My WebLink About6.m. Authorize Encroachment Permit with Koch Pipeline - 2014 Street Improvements Project, City Project 455 ROSEN4EUNTEXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: July 1, 2014 AGENDA ITEM: Authorize Encroachment Permit with AGENDA SECTION: Koch Pipeline — 2014 Street Consent Improvements Project, City Project 455 PREPARED BY: Phil Olson, PE, Assistant City Engineer„ AGENDA NO. (6, _ rn ATTACHMENTS: Permit �i(� APPROVED BY: A aJ RECOMMENDED ACTION: Motion to Approve Authorizing Necessary Signatures on the Permit with Koch Pipeline for Improvements in the 2014 Street Improvements Project. ISSUE City staff requests Council authorization to execute an Encroachment Permit agreement with Koch Pipeline for improvements to Shannon Parkway within the Koch Pipeline Easement as part of the 2014 Street Improvements, City Project 455. BACKGROUND: The 2014 Street Improvements Project includes the construction of a bituminous trail along Shannon Parkway, approximately 230 feet south of center line of Dander Court. This trail crosses the Koch Pipeline. Koch is requiring an encroachment agreement be executed before the improvements are made in this area. SUMMARY: Staff recommends Council authorization for the execution of the attached Encroachment Permit with Koch Pipeline. This agreement has been reviewed by the City Attorney. • G:\ENGPROJ\455\Council Items\20140701 CC Authorize Koch Agmt.docx Drafted by and Recording Requested by: Koch Pipeline Company LP P.O.Box 2913 Wichita,Kansas 67201-2913 Following Recording,Return to: Koch Pipeline Company LP Same Address as Above Attention:R/W Group C-ID (ABOVE SPACE FOR RECORDER'S USE) Encroachment Permit IIKOCH. KOCH PIPELINE COMPANY, L.P. P.O.Box 64596,Saint Paul,Minnesota 55164 ENCROACHMENT PERMIT ("PERMIT") By:KOCH PIPELINE COMPANY,L.P.(KPL)(hereinafter referred to as"PERMITTOR") Permit Number: PL373199 PERMITTEE: City of Rosemount Permit Date: 06-12-2014 Attention:Phil Olson Address: 2875 145th St Rosemount, MN 55068 Phone:651-322-2015 Email:phil.olson @ci.rosemount.mn.us Fax: LEGAL DESCRIPTION OF PROPERTY LOCATION:Township 115 North,Range 19 West,Section 19,Dakota County, Rosemount,MN DESCRIPTION OF PERMITTED FACILITY:(hereinafter referred to as the"Permitted Facilities") Installing a new 8'wide asphalt bike path crossing over the 18"WRPL at a75 degree angle. Trail will connect to existing trails along West side of Shannon Pkwy.Hard surface application was approved by D. Stecher. KPL must be on site for this work. What:Installing a new 8'wide asphalt bike path crossing over Where: Shannon Pkwy,approximately 230'South of C/L of the 18"WRPL at a75 degree angle Dander Ct,Dakota County,Rosemount,MN Tract Number(s):8108 One Call Ticket#:None This Permit is granted subject to the Conditions and Special Provisions provided hereafter. CONDITIONS 1 The Permit herein granted is subject to the existing easement ownership rights of Permittor. 2 Permittee will construct,maintain,relocate,and remove the Permitted Facilities at no expense to Permittor. 3 Permittee covenants and agrees to notify or cause its representative to notify the appropriate state One-Call notification center as required by law,but in no event less than 48 hours prior to the commencement of excavation or other construction work in or near Permittor's easement area("Easement Area"). In addition, Permittee must notify Permittor at least 48 hours before work commences on or near the Easement Area.No work shall take place without Permittor's staff being given the opportunity to be present at the specified worksite. Further,if Permittor determines that any proposed work may potentially cause an unsafe condition or damage to the Permittor facilities,Permittor shall have the authority to immediately prevent such work from being done by giving notice to Permittee. 4 Permittee shall supply such plans,surveys,and drawings as Permittor deems necessary. 5 This Permit shall be revocable by Permittor in the event of Permittee's noncompliance with any requirements, conditions,or specifications of this Permit,upon notice to Permittee and/or the owner of record.Should Permittor revoke this Permit,Permittee shall relocate and/or remove the Permitted Facilities at no expense or risk to Permittor. 6 To the fullest extent permitted by law,Permittee agrees to release,defend,protect,indemnify,and hold harmless Permittor,its parent company,partners,subsidiaries and any other related or affiliated entity,and their respective officers,agents,directors,employees,and shareholders(collectively the"Indemnified Parties") against any and all claims,liabilities,damages,demands,lawsuits,causes of action,strict liability claims, penalties,fines,administrative law actions and orders,expenses(including,but not limited to,attorney's fees and other costs of defense)and costs of every kind and character(collectively"Claims/Liabilities"),arising from or in any way connected to the installation,maintenance,repair,removal and/or presence of the Permitted Facilities regardless of whether such harm is to Permittee,the Indemnified Parties or any other person or entity. Permittee shall not be liable under this section for Claims/Liabilities resulting from the negligence of the Indemnified Parties. Permittee's duties under this section shall survive the termination,revocation,or expiration of this Permit. Nothing herein shall be deemed a waiver by Permitee of the limitations of liability set forth in Minnesota Statutes,Chapter 466. 7 Permittee agrees that Permittor may remove,at Permittee's expense,any Permitted Facilities or portion thereof,if in Permittor's judgment it is reasonably necessary to do so in order to construct,alter,maintain,repair,or replace Permittor's Facilities located within the Easement Area,or in order to construct or install new facilities. 8 Permittee agrees that it has the affirmative obligation to ensure that any corrosion control device or system utilized in connection with,or any condition,natural or artificial,created as a result of,the Permitted Facilities will be compatible with any device or system utilized by Permittor to control corrosion on its facilities.In the event of such failure, Permittor will have the right to compel the discontinuance of the use of Permittee's device or system,make such modifications to said device or system or correct any condition created as a result of the Permitted Facilities at Permittee's cost,risk and expense so as to ensure the compatibility of the Permitted Facilities with Permittor's corrosion control system. 9 All Permitted Facilities shall be constructed and maintained to comply with all laws and industry standards.In addition, Permittee shall perform any requirements set forth in the Special Provisions section below. To the extent that any of the requirements set forth in the Special Provisions section conflict with or are more stringent than the requirements set forth in this Permit,the requirements set forth in Special Provisions shall have priority. 10 The permission herein granted by Permittor is limited to its interest and authority in the subject land and Permittee acknowledges the possible obligation to obtain the required permission from other parties of interest or the local,state or federal government.Permittor permits the Permitted Facilities only to the extent it may do so by law. 11 Permittee accepts full liability for any damage to Permittor's facilities from the placement,operation and/or maintenance of the Permitted Facilities. 12 Permittee covenants and agrees that it shall provide actual notice of the terms and conditions of this Permit and of Permittor's easement rights to all transferees of all or any part of Permittee's interest in the applicable property. 13 Permittee agrees that the violation of any of the terms and conditions of this Permit would be irreparable and immediately harmful to Permittor and that Permittor shall be entitled to enforce the terms and conditions of this Permit through injunctive proceedings,specific performance or other equitable relief in addition to such other remedies as may be available at law or contractually. 14 Except to the extent prior written approval is granted by Permittor,at no time will Permittee remove or permit the removal of the existing earth cover from over the Permittor facilities such that Permittor would be in violation of any existing law,regulation or order. 15 All covenants,warranties and agreements herein contained shall be deemed to be running with the land and shall extend to and be binding on the respective heirs,legal representatives,successors and assigns of the parties hereto. 16 The actual installation of the Permitted Facilities must commence on or before August 15th 2014 and be completed in all respects within 180 days thereafter;otherwise,this Encroachment Permit shall be null and void. If this Encroachment Permit is terminated and if the Easement Area has been disturbed in any way by Permittee,it shall be restored to the pre-existing condition at no cost or expense to Permittor. Special Provisions: 1. Cover over the pipeline shall be maintained at current depth and no heavy equipment on pipeline when less than five feet (5')of cover exists. 2. Hand digging shall be utilized within two feet(2')of the pipeline. 3. Hand compaction is necessary up to ten feet(10')on either side of the pipeline. 4. Pipelines shall be totally exposed if any part of the encroachment is installed by boring. 5. Permitted Facilities shall have a minimum clearance of twenty four inches(24")from the pipeline unless otherwise indicated. Permittor's Main Contact:Koch Pipeline Company LP Permittor's Local Contact:Koch Pipeline Company,L.P. Name: Rick Schlegel Name: Luke Schuette Address:P.O.Box 64596,St.Paul,MN 55164 Address: PO Box 67 Cottage Grove,MN 55016 Telephone:651-480-3936 Telephone: 612-741-6347 Fax:651-480-3827 Fax: Cell: 651-304-7002 Cell: 612-741-6347 In the event of an EMERGENCY: 1-800-688-7594 The undersigned acknowledges a review of the Conditions,Requirements,and Special Provisions with a KPL representative and agrees to the same. PERMITEE:City of Rosemount SIGNED this day of , 2014 By: Printed Name: Title: PERMITTOR: KOCH PIPELINE COMPANY,L.P. SIGNED this day of , 2014 By: Printed Name: Dave Kopke Title: Operations Supervisor SIGNED this day of , 2014 By: Printed Name:Rick Schlegel Title: Damage Prevention Leader In the event that the Operations Area recommends recording the encroachment,the page hereafter shall serve for recording purposes. [ACKNOWLEDGMENT INSERTED FOR THE PURPOSE OF RECORDING] STATE OF § COUNTY OF § This instrument was acknowledged before me on this day of ,2 by ,the of On behalf of said NOTARY PUBLIC My Commission Expires: STATE OF § COUNTY OF § This instrument was acknowledged before me on this day of ,2 by ,the of Koch Pipeline Company,L.P.on behalf of said Limited Liability Company. NOTARY PUBLIC My Commission Expires: STATE OF § COUNTY OF § This instrument was acknowledged before me on this day of ,2 by ,the of Koch Pipeline Company,L.P.on behalf of said Limited Liability Company. NOTARY PUBLIC My Commission Expires: