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Home My WebLink About6.e. Receiving Plans & Specifications/Receive Petition and Waiver Agreement/Order the Project/Ratify Ad for Bid - Hawkins Sanitary Sewer Extension, City Project 4384ROSEMOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council_ Meeting: October 18, 2011 AGENDA ITEM: Receiving Plans & Specifications / Receive Petition and Waiver Agreement / AGENDA SECTION: Order the Project / Ratify Ad for Bid — Consent Hawkins Sanitary Sewer Extension, City Project 438 PREPARED BY: Phil Olson, PE, Assistant City Engirwefi AGENDA NO. ATTACHMENTS: Resolution; Petition and Waiver APPROVED BY: Agreement; Map RECOMMENDED ACTION: Motion to Adopt a Resolution Receiving the Plans and Specifications, Receiving the Petition and Waiver Agreement, Ordering the Project, and Ratifying the Advertisement for Bids for Hawkins Sanitary Sewer Extension, City Project 438. BACKGROUND: On September 20, 2011 the City Council received the feasibility report and authorized the preparation of plans and specifications for the Hawkins Sanitary Sewer Extension, City Project 438. The scope includes the extension of trunk sanitary sewer service from the existing Metropolitan Council Environmental Services (MCES) line to the Hawkins, Inc. site, with an option to extend it to the western limits of the Feed Products North, Inc. site. Staff is asking Council to approve the plans and specifications, order the project and authorize the advertisement for bids for the project. Bids are scheduled to be received on Tuesday, October 25, 2011 at 10:00 a.m. At this time, the plans and specifications are complete and copies are on file in the Engineering Department. The estimated project cost was $293,500 which included $230,935 for the sewer extension and $62,565 for a steel casing to accommodate the proposed railroad tracks on the Hawkins, Inc site. Since Lthe feasibility report was prepared, the steel casing has been removed from the project leaving the estimate at $230,935. This project will be developer- funded, with Hawkins, Inc. responsible for 52.6% of the sewer extension costs ($121,471.81) and Feed Products North, Inc. responsible for 47.4% of the sewer extension costs ($109,463.19). Feed Products North, Inc. (Origin to Destination, LLC) has requested that their portion of the project be funded through an assessment to their property. As proposed, the project includes a five year assessment to Feed Products North, Inc. This project is contingent upon the execution of a Petition and Waiver. Agreement from Feed Products North, Inc. (Origin to Destination, LLC) and a cash escrow from Hawkins, Inc. SUMMARY: Staff recommends Council receive the plans and specifications, receive Petition and Waiver Agreement, order the project, and ratify the advertising for bids for the Hawkins Sanitary Sewer Extension, City Project 438. G:AENGPR0J \438 \20111018 CC approve - receive- plspc- approve.aEb.docx' CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2011 — MOTION TO ADOPT A RESOLUTION RECEIVING THE PLANS AND SPECIFICATIONS, RECEIVING THE PETITION AND WAIVER AGREEMENT, ORDERING THE PROJECT, AND RATIFYING THE ADVERTISEMENT FOR BIDS FOR HAWKINS SANITARY SEWER EXTENSION CITY PROJECT 438 WHEREAS, at the September 20, 2011 Council meeting, City Council approved the preparation of plans and specifications for Hawkins Sanitary Sewer Extension, City Project 438; and WHEREAS, Hawkins, Inc. has deposited the necessaryfunds with the Cityfor the preparation of the plans and specifications for City Project 438; and WHEREAS, the City Council received the Petition and Waiver Agreements for project. 'NOW THEREFORE BE IT RESOLVED, "the City Council of the City of Rosemount approves plans and specifications for said improvements of City Project 438. BE IT FURTHER RESOLVED, the City Council of the Cityof Rosemount orders the project. BE IT FURTHER RESOLVED, the City Council of the City of Rosemount ratifies the advertisement for bids for said improvements of City Project 438. ADOPTED this 18` day of October, 2011. William H Droste, Mayor ATTEST: Amy Domeier, City Clerk i +gip l , PETITION AND WAIVER AGREEMENT f This Agreement made this day of October, 2011, by and between the City of Rosemount, a Minnesota municipal corporation ( "City "), and Origin to Destination, LLC, a Minnesota limited liability company ( "Owner "). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property (the "Subject Property ") located in the City, the legal description of which is set forth on Exhibit A, attached hereto and hereby made a part hereof, and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property, which improvements are referred to as CP438, Hawkins Sanitary Sewer Extension, and are described in Exhibit B, attached hereto and .hereby made a part hereof (hereinafter referred to as the "Improvement Project "); and WHEREAS, the Owner wishes the City to construct the Improvement Project without notice of hearing or hearing on the Improvement Project, and without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy 47.4 percent of the cost of the Improvement Project (not including any cost related to installation of steel casing under a rail line, hereinafter the "Costs of Steel Casing ") against the Subject Property; and WHEREAS, the City is willing to construct the Improvement Project in accordance with the request of the Owner and without such notices or hearings, provided the assurances and covenants hereinafter stated are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance the costs of the Improvement Project; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City 3921642 CLL RS220 -328 82138370 0 I would not construct the Improvement Project without such notices and hearings and is doing so solely at the behest, and for the benefit, of the Owner. NOW, THEREFORE, ON THE BASIS OF THE MUTUAL COVENANTS HEREINAFTER PROVIDED, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that it has full legal power and authority to encumber the Subject Property as herein provided subject to the consent of Anchor Bank, N.A. as the holder of a mortgage lien on the Subject Property, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to any liens, interests or encumbrances, except to Owner's actual knowledge as listed on the attached Exhibit C. 3. The Owner requests that 47.4 percent of the cost of the Improvement Project (not including the Costs of Steel Casing) be assessed against the Subject Property. The Owner understands and agrees that 47.4 percent of the current estimated cost of the Improvement Project (not including the Costs of Steel Casing) is $109,463, but that the cost of the improvement Project will be determined in accordance with Minn Stat Chapter 429 and standard city practices and that 47.4 percent of such cost may be as much as $120,409. The Owner further understands and agrees that the City does not waive any rights to levy special assessments against the Subject Property in an amount in excess of $120,409 in the event actual` project costs which may lawfully be assessed pursuant to Minn Stat., Chapter 429, exceed said amount. 4.. The Owner waives notice of hearing and hearing pursuant to Minn Stat. Section 429.031, on the Improvement Project and notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn Stat. Section 429.061, and specifically requests that the Improvement Project be constructed and special assessments levied against the Subject Property therefor without hearings. t 5. The Owner waives the right to appeal the .levy of the special assessments in accordance with this, Agreement pursuant to Minn Stat. Section 429.081, or reapportionment thereof upon land division pursuant to Min Stat Section 429.071, Subd. 3, or ,otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements-of Minn Stat., Chapter 429 with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of the Subject Property resulting from construction of the Improvement Project will be at least equal to $120,409, and that such increase in fair market value is a special benefit to the Subject Property; provided, however, 39216402 CLL RS220 -328 821383703 2 that the Owner and the City agree that this Agreement will not be deemed an admission by Owner of any net value of the Property for purposes of any future property tax or eminent domain valuation purposes. C. Assessment of 47.4 percent of the cost of the Improvement Project against the Subject Property is reasonable, fair and equitable; and d. The Owner further specifically waives notice and right to appeal reapportionment of such special assessments upon land division pursuant to Minn Stat Section 429.071, Subd. 3. 6. The Owner understands and agrees that the City may provide for the payment of such special assessments, in installments over five years and bearing such interest as may be determined by the city council in accordance with applicable laws. 7. Owner represents and warrants that, to Owner's actual knowledge, the Subject Property is not so,classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this`Agreement. 8. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof It is the intent of the parties hereto that this Agreement be in a form which is recordable among the land records of Dakota County, Minnesota; and they agree io make any changes in this Agreement which may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 9. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. This Agreement shall also terminate, at Owner's option and by written notice to the City, if construction of the Improvement Project is not commenced within two (2) years after the date of this Agreement. 10. The City shall keep Owner informed of any changes in the estimated project costs and prior to constructing the Improvement Project shall provide owner with updated costs based on the winning contractor's bid. If, based on such updated costs, Owner's share of such costs is projected to exceed $120,409, Owner may by written notice to the City within seven (7) days after receiving such updated costs in writing, terminate this Agreement and in the event of such termination Owner's covenants, representations and waivers herein shall be deemed withdrawn, this Agreement shall be deemed void as if never executed, and Owner shall have no obligations whatsoever under this Agreement; provided, however, that if Owner terminates this Agreement pursuant to this Section 10, Owner shall reimburse the City for the City's actual out -of- pocket incremental costs for the design by the City's consulting engineers of the portion of the Improvement Project that would have extended the trunk sanitary sewer facilities from the Hawkins site (as described in Exhibit B hereto) to the Subject Property. 3921642 CLL RS220 -328 82138370 3 G IN WITNESS WHEREOF, the parties have set their hands the day and year f rst written above. CITY OF ROSEMOUNT ORIGIN Td,tkESTI N, LLC 1 By B William H. Droste, Mayor Jahn C. Fallin, President By Amy Domeier, City Clerk 3921642 CLL RS220 -328 82138370 4 STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of October, 2011, by William H. Droste and Amy Domeier, the Mayor and City Clerk of the City of Rosemourit, Minnesota, a municipal corporation under the laws of the State of Minnesota, on behalf of the City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this �L day of October, 2011, by John C. Fallin, the`President of Origin to Destination, LLC, a Minnesota limited liability company, on behalf of the limited liability company. DANA505NSO NOTARY F'UBLtC MINNESOTA y Commission £xplras Jan. rN No Publ c 3921642 CLL RS220 -328 82138370 CONSENT TO PETITION AND.WAIVER AGREEMENT Anchor Bank, N.A., a national banking association; as the holder of that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement dated December 13, 2010, recorded December 17, 2010 as Document No. 2773159, and that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement dated December 13, 2010, recorded December 17, 2010 as Document No. 2773160 (together, the "Anchor Mortgages "), hereby consents to the assessment against the property encumbered by the Anchor Mortgages of 47.4 percent of the cost of the Improvement Project in accordance with the terms and conditions of the foregoing Petition and Waiver Agreement. IN WITNESS WHEREOF, Anchor Bank, N.A, a national banking association, has caused this Consent to be executed this day of October, 2011. ANCHOR BANK, N.A., a national banking association By: Maril G ham Its: Vice President STATE OF MINNESOTA ) )ss. COUNTY OF The foregoing instrument was acknowledged before me this -day of October, 2011, by Marilyn Gorham, the Vice President of Anchor Bank, N.A., a national banking association, on behalf of the association. Notary PAlic 3921642 CLL RS220 -328 82138370 EXHIBIT A Leizal Decription Parcel 1 That part of the North Half of Section 19, Township 115, Flange 18, and the South Half of Section 18, Township 115, Flange 18, atl in Dakota County, Minnesota described as follows: Commencing at the Southeast corner of the Northeast Quarter of the Northwest Quarter of said Section 19; thence North,, along the North -South center line of said Section 19, to the point of beginning which is 2929.96 feet North of the North right -of -way line of the Chicago and North Western Railway, (said right -ol -way line is 200 feet North of the center line of track in place), measured along said North-South center line; thence deflect to the right 26 degrees 24 minutes 10 seconds a distance of 476.29 feet; thence deflect to the left 90 degrees 00 minutes 00 seconds a distance of 113.17 feet; thence Northeasterly through a point on the North line of said Section 19, said point being 318.23 feet East of the Northeast corner of the Northeast Quarter of the Northwest Quarter of said Section 19 to a point which is 150 feet Southwesterly from and at right angles to the center line of State Trunk Highway No. 55; thence deflect to the left 90 degrees 00 minutes 00 seconds along a line which is 150 feet Southwesterly from and at right angles to the center tine of said State Trunk Highway, a distance of 74110 feet; thence deflect to the left 90 degrees 00 minutes 00 seconds a distance of 810.50 feet; thence deflect to the right 90 degrees 00 minutes 00 seconds a distance of 175.40 feet; thence deflect to the left 90 degrees 00 minutes 00 seconds a distance of 478,26 feet; thence deflect to the left 90 degrees 00 minutes 00 seconds a distance of 684.26 feet; thence deflect to the left 26 degrees 24 minutes 30 seconds a distance of 425.13 feet to said North -South center tine of said Section 19; thence North, along said North -South center line of said Section 19, a distance of 75.00 feet to the point of beginning. Parcel 2: Non exclusive easement for railroad spur track as contained in Railroad Spur and Switchtrack Mutual Easement and Agreement dated December 31, 1980, filed of record December 31, 1980, as Document No. 573952, by and between Koch Refining Company, a Delaware corporation, and N -REN Corporation, a Delaware corporation. Parcel 3: Non - exclusive access easements (temporary and permanent) for pedestrian and vehicular ingress arid egress purposes as contained In Access Easement Agreement dated December 13, 2010, recorded December 17, 2010, as Document No. 2773154. Parcel 4: Non - exclusive easement for the discharge, drainage, Pow, detention, retention and management of storm water only as contained in Storm Water Easement Agreement dated December 13, 2010, recorded December 17, 2010, as Docurent No. 2773156. Dakota County, Minnesota Abstract Property 3921642 CLL RS220 -328 82138370 EXHIBIT B Description of Improvement Project (See following 18 pages) 3921642 CLL RS220 -328 82138370 te�sbilt Re eat y .� Ha �'ns Sant K .ewer �� ensiQ !�C RO SE N[ O U N T ti Ml N N E S� 0 TA 0W.-SB ro*ect - 5.1916 -46 701 l e South, S e A W 0 S, Y, F k 0 FEASIBILITY REPORT HAWKINS SANITARY SEWER EXTENSION CITY PROJECT NO. 438 FOR THE CITY OF ROSEMOUNT, MINNESOTA September 20, 2011 Prepared By: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763 - 541 -4800 763 - 541 -1700 (Fax) Feasibilh) Report Hawkins Soaitail Sewer Extension F City of Rosemount Project No. 433 l6SB Project No. 1916 -46 September 20, 2011 Honorable Mayor and City Council City of Rosemount 2875 — 145` Street West Rosemount, MN 55068 Re: Feasibility Report Hawkins�Sanitary Sewer Extension City of Rosemount Project No. 438 WSB Project No. 1916 -46 Dear Honorable Mayor and City Council Members: Transmitted herewith for your review is a feasibility report which addresses improvements associated with the extension of sanitary sewer facilities to the Hawkins site. We are available at your convenience to discuss this report. Please do not hesitate to contact me at 651- 322 -2015 if you have any questions regarding this report. Sincerely, WSB & Associates, Iiie. U28LW, Philip C. Olson, PE Assistant City Engineer /Project Manager Enclosure Feasibility Report Harkins Sanita6- Seaver Extension CO- of Rosemount Project No. 438 IT SB Project No. 1916 -46 CERTIFICATION 1 hereby certify that this plan, specification.. or report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Prepared By: kk!L4( 6U�,� Monica R. Heil, PE Date: September 20, 2011 Quality Control Review Completed By: �fvyca�� Joseph P. Koscielak Date: September 20, 2011 FEASIBILITY REPORT Lic. No. 47497 Lic. No. 49133 Feasibility Report Hankins Sanitary Seiner Ectension CiA oj'Rosemount Project No. 438 H SB Project No. 1916-46 Philip C. Olson, PE Dater September 20, 201 1 Lic. No. 47999 HAWKINS SANITARY SEWER EXTENSION CITY PROJECT NO. 438 FOR THE CITY OF ROSEMOUNT, MINNESOTA September 20, 2011 Prepared By: WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763 -541 -4800 763 - 541 -1700 (Fax) Feasibility Report Hawkins Sanitaly Sewer Extension Citt' oj'Rosemowit Project No. 438 11 S6 Project No. 1916 -46 0 TABLE OF CONTENTS 1 . EXECUTIVE SUMMARY ....................................................................... ..............................1 2. STREET IMPROVEMENT PROJECT ............................................... ..............................1 2.1 Introduction .................................................................................... ............................... 1 2.1.1 Authorization ...................................................................... ..............................1 2.1.2 Scope ................................................................................. ............................... 1 2 L' Data Available .................................................................... ..............................2 2.2 General Background ....................................................................... ..............................2 2.2.1 Project Location ...................................:.............................. ..............................2 2.2.2 Project History .................................................................... ..............................2 2.3 Existing Conditions ......................................................................... ..............................2 2.3.2 Sanitary Sewer .................................................................... ..............................2 2.4 Proposed Improvements .................................................................. ..............................3 2.4.1 Sanitary Sewer .................................................................... ..............................3 2.4.2 Permits/Approvals.., .......................................................................................... 2.4.3 Easements ........................................................................... ..............................3 2.4.4 Fees ..................................................................................... ..............................4 3 . FINANCING ............................................................................................. ............................... 5 3.1 Opinion of Cost .............................................................................. ............................... 5 3.2 Fu►Iding .......................................................................................... ............................... 5 5. FEASIBILITY AND RECOMMENDATION ........................................ ..............................6 Appendix A Figure 1 - Project Location Map Figure 2 - Sanitary Sewer Serviceability and Alignment Options Map Appendix B Opinion of Probable Cost Fensibilitr Report Hnn$ins Sanitary Seiner Extension City' of Roseneount Project No. 438 1 1 SB Project No. 1916 -46 4 1 EXECUTIVE SUMMARY The Hawkins Sanitary Sewer Extension Project, City Project No. 438, was initiated by Hawkins,. Inc. with a proposal to redevelop their site with sanitary sewer service. The site is located southwest and adjacent to Minnesota Trunk Highway 55 (MN T.H. 55); east of and adjacent to Clayton Avenue (T.H. 52); north of 140` Street (Refer to Figure 1 ofAppeiirli.v A for a Project Location Map). Two cost estimates have been prepared for the sanitary sewer extension through the former Continental Nitrogen site, being developed by Hawkins, Inc. The first estimate considers the costs associated with extending trunk sanitary sewer to the future building at the Hawkins site, identified as Lot A in Figure 2 ofAppeudixA. This estimate mirrors the sanitary sewer limits proposed by the Larson Engineering, Inc. for Hawkins, Inc. The second estimate considers the costs associated with extending trunk sanitary sewer facilities to the western limits of the Feed Products North, Inc. site, identified as Lot B in Figure 2 ofAppeudix B. It is estimated that the total costs associated with extending trunk sanitary sewer facilities to the Hawkins site are $273.100. The total costs associated with extending sanitary sewer facilities to the western limits of the Feed Products North, Inc. site are estimated to be $293,500. Detailed cost estimates for both of these scenarios can be found in Appett(lix B of this report. It is proposed that the extension of sanitary sewer facilities to the Hawkins site commence prior to construction of the.warellouse and tank farm. Based on the need for sanitary sewer service to redevelop the site, this project is feasible, necessary, and cost - effective from an engineering standpoint, and should be constructed as proposed herein. 2. STREET IMPROVEMENT PROJECT 2.1 Introduction 2.1.1 Authol•ilation s� On September 6, 2011, the Rosemount City Council authorized the preparation of an Engineering Feasibility Report for the Hawkins Sanitary Sewer Extension. This project has been designated as City Project No. 438. 2.1.2 Scope The extension of sanitary sewer facilities to the Hawkins site is necessary to provide sewer service to the proposed warehouse and tank farm building. The City of Rosemount's Comprehensive Sanitary Sewer System Plan identifies flow from both the Hawkins site and the adjacent Feed Products North, Inc. site will travel via gravity sewer through the Hawkins site to the 15 -inch gravity sewer main that was constructed in 2007 with the Flint Hills Resources site improvements. Therefore, the extension of trunk sanitary sewer facilities to the Hawkins site must be evaluated to determine future serviceability of the adjacent Feed Products North,. Inc. site. Feusihilitr Report Hawkins Suniturr Sewer Extension Citr of Rosemount Project No. 43S 16 SB Project No. 1916 -46 ) Page r 2.1.3 Data A vailable Information and materials used in the preparation of this report include the following: • City of Rosemount Utility Plans • City of Rosemount Record Plans ` • City of Rosemount Topography Maps • Boundary and Topographic Survey data prepared by MFRA Associates, Inc., dated June 14, 2011 for the Hawkins site • Proposed Utility and Grading Plans prepared by Larson Engineering, Inc., dated July 26, 2011 for the Hawkins site 2.2 General Background 2.2.1 Project Location The project area is located in the northeast corner of the City of Rosemount. is zoned HI, Heavy Industrial, and is located within the Metropolitan Urban Service Area (MUSA). The properties evaluated for sanitary sewer serviceability include: The Hawkins site (identified as Lot A within Figure 2 of Appendix A) The Feed Products North, Inc. site (identified as Lot B within Figure 2 of Appendix A) 2.2.2 Project History This project - was initiated by Hawkins, Inc. with a proposal to redevelop their site with sanitary sewer service. The City of Rosemount's Comprehensive Sanitary Sewer System Plan identifies flow from both the Hawkins site and the adjacent Feed Products North, 'Inc. site will travel via gravity sewer through the Hawkins site to the 15 -inch gravity sewer main that was constructed in 2007 with the Flint Hills Resources site improvements. 2.3 Existing Conditions 2.3.2 Sanitary Sewer 15 -inch gravity sanitary sewer was extended to the southwest corner of the site with the Flint Hills Resources improvements in 2007. The City of kosemount's Comprehensive Sanitary Sewer System Plan identifies flow from both the Hawkins site and the adjacent Feed Products North, Inc. site will travel via gravity sewer through the Hawkins site to this existing trunk sanitary sewer system. Feasibility Report Hawkins Sanitmy Sesser Extension Cite gt'Rosemount Project No. 438 WSB Project No. 1916-46 Page 2 2.4 Proposed Improvements 2.4.1 Sanitary Sewer Extension of trunk sanitary sewer facilities throe "gh the Hawkins site shall follow the western and northern access drive limits wherever possible. so as to provide access for inspection and maintenance purposes. The City of Rosemount's Comprehensive Sanitary Sewer System Plan identifies flow from both the Hawkins site and the adjacent Feed Products North, Inc. site will travel via gravity sewer through the Hawkins site to the l 5 -inch gravity sewer main that was constructed in 2007 with the Flint Hills Resources site improvements. The combined area of the Hawkins and Feed Products North, Inc. sites is approximately 53- acres. Based on the designated industrial land use for these lots, it is assumed that approximately 1,500 gallons /acre /day of average wastewater flow will be generated by the two sites. Using a peaking factor of 3.9. the anticipated peak flow from the two sites is therefore: 53 acres * 1,500 gal /acre /day * 3.9 = 310,050 gal/day The capacity of an 8 -inch sanitary sewer pipe constructed at the minimum pipe grade specified by.the ]0 -State Standards (0.4 %) is 493,000 gal /day. The anticipated peak flows from the Hawkins and Feed Products North, Inc. sites were calculated using general wastewater flow information for land guided for industrial use. The developer of the Hawkins site is encouraged to submit to the City for review detailed wastewater generation calculations prior to final plan approval to verify peak demand requirements. 2.4.2 Permits /Approvals A Sanitary Sewer Modification Permit from the Minnesota Pollution Control Agency (MPCA) will be required to complete the sanitary sewer extension through the Hawkins property. 2.4.3 Easements A permanent drainage and utility easement will be required over the length of the ..proposed sanitary sewer improvements, and shall include the area through the railroad track crossing. The easement shall also extend across the proposed access drive to the Clayton Avenue (T.H. 55) right -of -way such that the City's Public Works Department will have a means by which to access the proposed sanitary sewer improvements for both inspection and maintenance purposes. The easement shall be a minimum of 46 -feet in width for the length of the sanitary sewer improvements across the Hawkins property, and shall be 60 -feet in width in those areas where the depth of the proposed sanitary sewer improvements are approaching 30 -feet. Feasibilio Report Hawkins Sonitnn Seiner Extension Cio• of Rosemount Project No. 438 11 SB Project No. 1916 -46 I'age 3 2.4.4 Fees All applicable City of RoseMOL111t Sanitary Sewer Connection and SAC unit charges will be due at the time of connection. Char�(jes will be collected using the adopted fee schedule in effect at the time of connection. Fem.sihilin• Report Hawkins Smnita r Server Extension 00- of Rosemount Project ,'Vo. 438 VV SB Project No. 1916 -46 Page 4 3. FINANCING 3.1 Opinion of Cost Detailed opinions of cost can be found in Appendix B of this report. The opinions of cost incorporate estimated 201 1 construction costs and include a 10% contingency and 30% for all related indirect costs (legal, administrative, engineering, and financing items). Table 1 below provides a summary of the opinion of probable cost for the Hawkins Sanitary Sewer Extension. Table 1 - Summary of Cost Steel Casing Sanitary Sewer Total Costs Extension Costs Option #1 — Extension to Future Building at 562,565 5210,535 $273,100 Hawkins Site Option 42 — Extension to Feed Products $62,565 $230,935 5293,500 North, Inc. Site 3.2 Funding Construction of the Hawkins Sanitary Sewer Extension improvements will be 100% developer funded if the limits of construction are to the fixture building proposed within the Hawkins site, and are estimated to be $273,100. Extension of trunk sanitary sewer facilities to the Feed Products North, Inc. site is estimated to be $293,500. The costs associated with installing the required 36" steel casino beneath the proposed railroad extension ($62,565) will be 100% funded by the developer of the Hawkins site. This cost estimate does include a general estimate for the costs associated with supporting the existing Koch gas pipeline crossing located beneath the future railroad track extension at the southwest corner of the site, steel casing pipe beneath the future railroad tracks and a general estimate to remove and replace the existing bituminous access road where the sanitary sewer connection will be made. However, this estimate does not include the costs associated with relocating the existing utility poles and hydrants at the southwest corner of the site. This work must be completed by the developer prior to the installation of sanitary sewer facilities. If trunk sanitary sewer facilities are extended to the Feed Products North, Inc. site with the Hawkins site improvements, the costs associated with this sanitary sewer extension, less the steel casing costs will be shared by owners of the Hawkins and the Products North, Inc. site, and will be prorated to reflect the percentage of land area to be served by the sanitary sewer extension. Feosihilio• Report Hawkins Snnitarr Seiner E.rlension CIO• of Rosenmtcnt Project No. 438 1 4SB Project No. 1916 -46 Page The area being developed by Hawkins, Inc. to be served by the sanitary sewer extension is 28.03 - acres, or 52.6% of the total land area. The area owned by Feed Products North, Inc. to he 'served by the sanitary sewer extension is 25.25- acres, or 47.4% of the total land area. Therefore, the costs associated with the sanitary sewer extension that would be the responsibility of Hawkins. Inc. would be: 5230,935 ' 52.6%, + S62,565 = S184,040 The costs associated with the sanitary sewer extension that would be the responsibility of Feed Products North. Inc. would be: $230,935' 47.4% = S109,465 5. FEASIBILITY AND RECOMMENDATION The following improvements are recommended to be constructed as part of the Hawkins Sanitary Sewer Extension: Construction of 8 -inch Gravity sanitary sewer facilities within a 40 -foot to 60 -foot wide drainage and utility easement along the western and northern access drives proposed within the Hawkins site. Construction of trunk sanitary sewer facilities from the existing manhole located near the southwest corner of the Hawkins site to the future building proposed within the Hawkins site that will accommodate anticipated peak wastewater flows of3 10,050 gal /day. The total estimated cost to extend sanitary sewer facilities within the Hawkins site is S273,100. Proposed funding for this portion of the project is the responsibility of the developer. If sanitary sewer facilities are extended to the Feed Products North. Inc. site with the Hawkins site improvements, the total project costs are estimated to be S293,500. Hawkins, Inc. would be responsible for S184,040 of those total project costs, while Feed Products North, Inc. would be responsible for S109,465 of those total project costs. The project is feasible, necessary, and cost - effective from an engineering standpoint. It is our recommendation that the improvements be implemented as outlined in this report. Feasibility Report Hawkins Sanitary Sewer Extension City of Rosemomit Project No. 438 ItSB Project No. 1916 -46 Page 6 r APPENDIX A Figure 1 — Project Location Map Figure 2 - Sanitary Sewer Serviceability and Alignment Options Map Feasibiliq• Report Hankins Sanitary Serer Extension 00 of Rosemount Project No. 433 I SB Project No. `1916 -46 G i m a j a ° f I < t _ -I 7 I f I I I � y I w r 3 a; 1 w a a r o I ticl3nV rvoexY m IC[a =l3nv xonxY : z ! ! 4 3 I APPENDIX B Opinion of Probable Cost Fensibilitr Report Harkins Sunitruy Seicer Extension Citt• of Rosemount Project No. 433 {t'SB Project No. 1916 -46 Opinion of Probable Cost II'SB Project Hankins Sanitary Se\�cr Extension Design Qv: h1R14 Project Location: Cit} of Rosemount Checbe l 6r: Cite Project No.. #438 1I SB Pro'ect Vo. 01916 -460 Dwe: 9/9/201 1 Item No. MN DOT Specification No. Description Unit Estimated Total Quantity Hid Unit Price Estimated Total Cost Option # 1 - Sanitary Improvements Extended to Hawkins Site 1 2021.501 � MOBILIZATION _ I LUMP SUM j 1 $9,550.001 $9,550.00 2 2104.505 REMOVE BITUMINOUS PAVEMENT SO YD 540 $2.00 $1,080.00 _ 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 320 $2.00- $640.00 4 2211.501 AGGREGATE BASE CLASS 5 TON 180 $15.00 $2,700.00 5 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) TON 50 $65.00 I $3,250.00 6 2360.502 TYPE SP 12.5 NON- WEARING COURSE MIXTURE (2,B) TON 70 $70.00 $4,900.00 7 2503.511 8" PVC PIPE SEWER - SDR 26 (18 -25 FT DEPTH) LIN FT 1070 $45.001 $48,150.00 8 2503.541 8" PVC PIPE SEWER DESIGN PRESSURE - DR 18 LIN FT 670 $100.00 $67,000.00 9 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 1 $1,000.00 1 $1,000.00 10 2503.602 8" x 4" PVC WYE EACH 1 $250.00; $250.00 11 2503.603 36" STEEL CASING PIPE LIN FT 175 $250.001 $43,750.00 12 2506.602 CASTING ASSEMBLY (SANITARY) EACH 6 $800.00 $4,800.00 1 3 2506.603 CONSTRUCT SANITARY MANHOLES LIN FT 140 $150,00" $21,000.00 Id 2545.601 CONDUIT SUPPORT SYSTEM I LUMP SUM li 1 1 $5,000.001 L $5,000.00 Sanitary Improvements $190,950.00 + 10% Contingenc $19,095.00 Subtotal $210,045.00 +30% Indirect Cost $63,013.50 Total - Sanitary Sewer Improvements $273,058.50 Opinion of Probable Cost II'SI3 Project: Hawkins Sanitary Sc%1er E\tcnsion Dest;n 6r: MRIi Project Location: Cit }' of ROSe1I10Llnt Checked Bv: Cihv Project No., #438 11'S8 Project Xo: 01916-460 Date: 9/9/2011 [tem No. NIN;D01 Specification No. Description Unit Estimated Total Quantity Bid Unit Price Estimated Total Cost Option 42 - Sanitary Sewer Improvements Extended to Feed Products Site 1 2021.501 MOBILIZATION LUMP SUM 1 1 1 $10,270.001 $10,270.00 2 2104.505' REMOVE BITUMINOUS PAVEMENT SQ YD 540 $2.00 $1,080.00 3 2104.513 _ SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT 320 $2.00 $640.00 4 2211.501 AGGREGATE BASE CLASS 5 TON 180 $15.00 $2,700.00 2360.501 TYPE SP 12.5 WEARING COURSE MIXTURE (2,B) TON 50 $65.00 $3,250.00 6 2360.502 1 TYPE SP 12.5 NON - WEARING COURSE MIXTURE (2,B) TON 70 $70.00 $4,900.00 7 2503.511 8" PVC PIPE SEWER - SDR 35 (10 -18 FT DEPTH) _ LIN FT 400 $30.00 $12,000.00 8 2503.511 8" PVC PIPE SEWER - SDR 26 (18 -25 FT DEPTH) 1 LIN FT l 1070 1 $45.001 $48,150.00 9 2503.541 8" PVC PIPE SEWER DESIGN PRESSURE - DR 18 LIN FT 670 $100.00 $67,000.00 10 2503.602 CONNECT TO EXISTING SANITARY SEWER _ EACH 1 $1,000.001 51,000.00 11 2503.602 8" x 4" PVC WYE EACH 1 $250.00 $250.00 12 2503.603 36" STEEL CASING PIPE ` LIN FT 175 $250.00 $43,750.00 13 2506.602 CASTING ASSEMBLY (SANITARY) EACH 7 $800.00 $5,600.00 14 2506.603 CONSTRUCT SANITARY MANHOLES LIN FT 150 $150.001 $22,500.00 15 2545.601 CONDUIT SUPPORT SYSTEM LUMP SUM 1 j $5,000.001 $5,000.00 Sanitary Improvements $205,250.00 + 10% Contingencies $20,525.00 Subtotal $225,775.00 + 30% Indirect Cost $67,732.50 Total - Sanitary Sewer Improvements $293,507.50 EXHIBIT C Existing Encumbrances Construction Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement dated December 13, 2010, recorded December 17, 2010, as Document No. 2773159, executed by Origin to Destination, LLC, a Minnesota limited liability company, as mortgagor, to Anchor Bank, National Association, a national banking association, as mortgagee, in the original principal amount of $3,726,185.00. The right of access to Trunk Highway 55 from that porticn of the Land lying Easterly of the East line of the Southwest Quarter of the Southwest Quarter of Section 18, was conveyed to the State of Minnesota in Highway Easement dated May 1, 1958, filed June 27, 1958, in Book 70 of Misc., Page 128. Terms and conditions of and easements contained in Railroad Spur and Switchtrack Mutual Easement and Agreement, dated December 31, 1980, filed December 31, 1980, as Document No. 573952, Terms and conditions of unrecorded Agreement, dated October 24, 1956, between St. Paul Ammonia Products, Inc. and Chicago Great Western Railway Company, exhibited in Document No. 573952. Easement for pipeline purposes, in favor of Koch Refining Company, a Delaware corporation, as created in document dated August 20, 1993, filed September 10, 1993, as Document No, 1153754. Corrective Easement dated November 4, 1993, filed December 9, 1993, as Document No. 1173632. Easement for pipeline purposes, in favor of Koch Refining, Company, a Delaware corporation, its successors and assigns, as created in document dated May 11, 1972, filed May 30, 1972, as Document No, 399280. Amended by Amendment of Easement dated April 4, 1974, filed May 1, 1974, as Document No. 432801. Further amended by Second Amendment and Restatement of Easement dated December 31, 1980, filed December 31, 1985, as Document No. 573949, Terms and conditions of Access Easement Agreement dated December 13, 2010, recorded Decem ber 17, 2010, as Document No. 2773154, Terms and conditions of and non - exclusive easement for the discharge, drainage, flow, detention, retention and management of storm water only as contained in Stone Water Easement Agreement dated December 13, 2010, recorded December 17, 2010, as Document No. 2773156. Terms and conditions of and easement for rail purposes as contained in Agreement Regarding Railroad Spur and Switchtrack Mutual Easement and Agreement dated December 13, 2010, recorded December 17, 2010, as Document No. 2773155. Terms and conditions of and temporary non - exclusive easement for the operation, maintenance, repair and replacement of the Existing Utilities (as defined therein) as contained in Temporary Utility Easement Agreement dated December 13, 2010, recorded December 17, 2010, as Document No. 2773157. 3921642 CLL RS220 -328 82138370 Construction Mortgage, Assignment of Leases and Rents, Security Agreement and Financing Statement dated December 13, 2010, recorded December 17, 2010, as Document No_ 2773160, k executed by Origin to Destination, I_LC, a Minnesota limited gability company, as mortgagor, to Anchor `Bank, Nat ionalAssociation, a national banking association, as mortgagee, in the original principal amount of $1,500,000.00, Terms and conditions of lease dated December 13, 2010, by and between Origin to Destination, 1.1,C, a Minnesota limited liability company, as landlord, and Feeed Products North, Inc., a Minnesota corporation doing business as Origination, as tenant, evidenced of record by Memorandum of lease dated December 13, 2010, recorded December 17, 2010, as Document No. 2773161, 3921642 CLL RS220 -328 82138370 T: /GIS /City /Maps %Departmental Maps /Engineering /Chris /Location Map -438 September 2011 0 875 1,750 ' 3,500 y 5,250 7,000 Feet