HomeMy WebLinkAbout6.r. Encroachment Agreement with Northern Natural GasAGENDA ITEM: Encroachment Agreement with Northern
Natural Gas
AGENDA SECTION:
Consent
PREPARED BY: Dawn Weitzel, Assistant City
Administrator
AGE
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ATTACHMENTS: Agreement
APPROVED BY:
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RECOMMENDED ACTION: Motion to approve the agreement between the y of
Rosemount and Northern Natural Gas and authorize execution.
4 ROSEMOUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: April 18, 2006
ISSUE
Due to the lirruted space of the Fire Station II property, the building's parking lot extends approximately
33 -feet onto the Northern Natural Gas Easement. As a result, the City has been wotkmg with Northern
to develop an encroachment agreement so that this portion of the easement can be used.
BACKGROUND
Northern Natural Gas has constructed and currently operates and maintains an 18 -inch pipeline through
City property under construction for the new fire stanon. At the time that the City acquired the property
for the fire station, water tower and future water treatment facility, Northern Natural Gas had a blanket
easement over the entire property granted in 1932. As part of the City acquisition of the property, the
Northern Natural Gas easement was reduced to an eighty -eight foot wide easement along the eastern side
of the property This easement grants Northern Natural Gas the right to install additional pipelines and
facilities across and through the prescribed area.
The attached Encroachment Agreement stipulates the terms and conditions for the City locating the fire
station's parking lot within the eighty -eight foot wide easement area.
SUMMARY
City staff, Northern Natural Gas representatives, and attorneys have created an "Encroachment
Agreement" that addresses the needs of both parties. It is now requested that Council approve execution
of the encroachment agreement with Northern Natural Gas.
This instrument made and entered into this day of 2006,
by and between NORTHERN NATURAL GAS COMPANY, a Delaware corporation,
(hereinafter referred to as "Northern"), with principal offices at P 0 Box 3330, Omaha,
Nebraska68103 -0330, and the CITY OF ROSEMOUNI, a Minnesota municipal corporation
(hereinafter referred to as "Owners
WITNESSETH THAT
ENCROACHMENT AGREEMENT
File No 05 -126
Line Tract No MNM 80101 -234
WHEREAS, Northern is the holder of an Easement granted by Andrew Rothi and Dolida
Rothi, his wife on the 6th day of September. 1932 covering the following described premises in
Dakota County, Minnesota
The East One -Half of the Fast One -Half of the Southwest Quarter (E'/E%SWY) of
Section 21, Township 115 North, Range 19 West, and
which Easement was recorded the 3 day of October, 1932, as Document No 131184 -C in Book
193 of Deeds at Page 370 in the Office of the Register of Deeds for Dakota County, Minnesota
and was defined to a 86 -foot wide strip of land by a Modification and Amendment of Easement
Grant executed the 11 day of December, 2003 and recorded the 23 day of December, 2003 as
Document No 2155780 in the Office of the County Recorder for Dakota County, Minnesota
(hereinafter referred to as "Easement"), and
WHEREAS, pursuant to the authority contained in said Easement, Northern has
constructed and currently operates and maintains an 18 -inch pipeline along with the right to
Install additional pipelines and facilities from time to time (hereinafter referred to as "Pipeline
Facilities across and through the above described premises, and
WHEREAS, the Owners are the present Owners of the following described real property,
with Pipeline Facilities simated upon the following described land in Dakota County, Minnesota
(hereinafter refereed to as the "Owned Premises
The South 880.00 feet of the North 1452 00 feet of the Fast 300 00 feet of the
Southwest Quarter of Section 21, Township 115 North, Range 19 West
WHEREAS, the Owners plan to construct paving with curbing, extending approximately
33 -feet onto the Easement, 10 -feet from the pipeline with a minimal grade change, and a storm
sewer (hereinafter referred to as "Encroachment") upon and within a portion of the confines of
Northern 's Easement, as shown on Exhibit "A attached hereto and by this reference, made a
part hereof, with this written consent, and
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File No 05 -126
Line Tract No MNM 80101 -234
4. Should Northern need to remove any of the Owners' said Encroachment within its
Easement m order to construct, maintain, operate, repair, remove, or restze Northern's existing or
additional Pipeline Facilities, the Owners or its respective heirs, successors, and assigns shall pay
the cost of removing and replacing or reinstalling said Encroachment In addition, all repair and
maintenance work performed by Northern on its existing or additional Pipeline Facilities located
on the Owned Premises shall be performed in a reasonable workmanlike manner and Northern
shall restore the surface and grade of the Owned Premises where the work is performed, hut shall
not be liable for loss, damage, or replacement to the Owners' said Encroachment or any
associated equipment and facilities that exist within the Easement, and to this regard, the Owners
hereby release Northern, its employees, agents. officers, and directors from any and all liability
for any such loss or damage
5 The Parties hereto understand that this Agreement in no way constitutes a waiver by
Northern of its rights to enjoy its Easement unencumbered by the construction of said
Encroachment within Northern's Easement
6. It is expressly agreed to by and between the parties hereto that if the Owners are in
violation of any terms or conditions set forth in this Agreement, Northern, at its option, may
terminate this Agreement upon one hundred twenty (120) days' notice to the Owners In the
event of such termination, the Owners shall immediately remove any and all of said
Encroachment which may be situated on the Easement, or if the Owners fail to remove any and
all of said Encroachment. Northern may, at its option, remove said Encroachment at the expense
of the Owners and without any liability whatsoever It is further agreed that the failure by
Northern to exercise such option as to any such violation shall not constitute a waiver of
Northern's future right to exercise such option as to the same or any future violation
7 The provisions of the Easement, and all rights, powers, pnvileges, and duties,
obligations, and liabilities created thereby, remain in full force and effect and are not affected
hereby except to the extent and in the manner set forth above
8. The Owners agree to indemnify, defend and hold Northern, its parent and affiliated
companies, and the directors, officers and employees of any such corporate entities harmless
from and against any liability. damage, claims loss, cause of action, suit proceeding, Judgment,
cost mcluding the cost or expense of env nonmental response, removal or remedration
activities), fees or expense, including reasonable attorney's fees arising from (I) non-
compliance with any laws, regulations and orders applicable to the ownership or the operation
and maintenance of the said Encroachment on the Owned Premises described herein_ and (2) any
incidents, acts, releases, negligence, transactions or omissions, or conditions on or affecting the
Easement that would (i) contribute to or constitute a violation of any local, state or federal
environmental rule, regulation. law or Judicial order, (ii) result in whole or m part, in any
requirement to clean up or otherwise remedy or remediate a condition, (nn) give rise to any lien,
liability, injunction, order. restriction, claim, expense, damage, fine or penalty. or (iv) adversely
affect human health or the environment at or near the Easement Nothing herein shall be deemed
a waiver by the Owners of the limitations on lrabr set forth in Minnesota Statutes, Chapter
466, and the Owners will not he obligated to indetr mfy Northern in any amount in excess of the
limitations set forth in Minnesota Statutes, Chapter 466, less any amount the Owners are required
to pay for the same claim on behalf of the Owners, their officers, agents, or employees
This instrument and the covenants and agreements herein contained shall extend to and be
binding upon the heirs, executors, administrators, successors, and assigns of the parties and the
benefits of this Agreement shall run with the land
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The foregoing instrument was acknowledged before me this day of
2006, by William 1-1 Droste, the Mayor of the City of Rosemount, a
Minnesota municipal corporation, on behalf of the corporation
STATE OF
(S E A L)
COUNTY OF
(SEAL)
)SS
)SS
File No.: 05 -126
Line Tract No MNM 80101 -234
Notary Public
My Commission Expires
The foregoing instrument was acknowledged before me this day of
2006, by James D Verbruggc, the City Administrator of the City of
Rosemount, a Minnesota municipal corporation, on behalf of the corporation
Notary Public
My Commission Expires
Document Prepared by/Returned to Northern Natural Gas Co Al TN ROW Dept 1650 W S2" Street, Suite 1250,
Bloomington, MN 55431
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