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Home My WebLink About9.e. MCES Encroachment Agreement - Connemara Trail, City Project 431AGENDA ITEM: MCES Encroachment Agreement Connemara Trail Improvements, City Project 431 AGENDA SECTION: p kb) 66/1 i nes5 PREPARED BY: Andrew J. Brotzler, PE Director of Public Works City Engineer AGENDA NO. q. e ATTACHMENTS: Letter; Encroachment Agreement APPROVED BY: Dj RECOMMENDED ACTION: Motion to Approve the Encroachment Agreement with MCES for Connemara Trail Improvements, City Project 431. 4 ROSEMOUNT CITY COUNCIL City Council Special Meeting: August 1, 2011 BACKGROUND A copy of the agreement has been reviewed by the City Attorney. SUMMARY EXECUTIVE SUMMARY City staff requests Council authorization for staff to execute an encroachment agreement with the Metropolitan Council Environmental Services (MCES) for the installation of roadway and utility improvements within the MCES permanent easement. Improvements are associated with the Connemara Trail Improvements Project, City Project 431. Staff is recommending the City Council authorize the execution of the encroachment agreement with MCES for the Connemara Trail Improvements, City Project 431. G: \ENGPROJ \431 \20110801 CC MCES Encroachment Agreement.dOCX It Metropolitan Council July 28, 2011 Mr. Phil C. Olson PE WSB and Associates Inc. 701 Xenia Ave South Suite 300 Minneapolis, MN 55416 SUBJECT: Connemara Trail Improvement Project Consent to Allow Encroachment Interceptor 7112 Dear Mr. Olson: Environmental Services The Metropolitan Council Environmental Services (MCES) staff has reviewed the request to encroach upon its permanent easement. MCES facilities consist of a gravity sewer pipe in Rosemount, Minnesota. The Metropolitan Council has no objection to the improvements shown in the construction plans prepared by WSB, provided the enclosed agreement is executed by the person authorized to enter into such an agreement. Assuming an agreement is entered into; you will be required to notify the Metropolitan Council at least 48 hours prior to any further construction in order to allow for the Metropolitan Council's inspection of the work. Please contact Mr. Peter Schappa at (651) 602 -8934 to arrange for the inspection of the improvements. Please note: No work near Metropolitan Council facilities will commence until all parties have signed the enclosed agreement and the 48 -hour notice has been given. Any deviation from this procedure would result in you, as the project owner, assuming additional liability for any damages to the Metropolitan Council facilities. Call (651) 602 -4511, Metropolitan Council Regional Maintenance 24 -Hour Dispatch to report any problems with our sanitary sewer interceptor. Two copies of the agreements are enclosed. Please return both signed agreements to me, one fully signed agreement will be returned to you upon Metropolitan Council's signature. One original will be recorded in Dakota County Torrens/ Abstract records. Should you have any questions, please contact me at (651) 602-4535. Sincerely, a a 4, Peter Owens Enclosures Cc: file www.metrocouncil.org 390 Robert Street North St. Paul, MN 55101 -1805 (651) 602 -1005 Fax (651) 602 -1477 TTY (651) 291 -0904 An Equal Opportunity Employer CONSENT TO ALLOW ENCROACHMENT ONTO SANITARY SEWER EASEMENT See attached Exhibit A 1 Interceptor Number: 7112 County of Dakota Encroachment Number: The Metropolitan Council, a public corporation and political subdivision of the state, being the holder and owner of a sanitary sewer easement on property in Rosemount, Minnesota, described in Document No. 409380, being in the South Half of the Northwest Quarter, of Section 27, Township 115, Range 19, filed in the office of the Register of Deeds, in Dakota County, Minnesota. 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 acknowledged, hereby consents to the encroachment onto that certain easement listed above, the easement being between the owner of said properties and the Metropolitan Council, to -wit: The encroachment permitted by this Consent is described as follows: Grade changes for road construction, storm sewer, water, and sanitary sewer improvements over the sanitary sewer interceptor and easement as shown in the plans for the Connemara Trail Improvement Project prepared by Phil C. Olson P.E., of WSB and Associates Inc. Selected plan sheets from the project showing the improvements over the interceptor and easement are attached hereto and made a part hereof as Exhibit B. The Metropolitan Council and the City of Rosemount, it's successors and assigns, hereby agree that said encroachment shall be subject to the following conditions: 1. The City of Rosemount, it's 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 the encroachment on or use of the easement area by the Public, and City of Rosemount, its successors and assigns. The City of Rosemount and the Metropolitan Council agree that they will independently be responsible for their own acts and the results thereof, to the extent authorized by law and shall not be responsible for the acts of the other party and the result thereof. The City of Rosemount and the Metropolitan Council's liability are governed by the provisions of Minnesota Statutes, chapter 466. 2. The City of Rosemount, it's successors and assigns, will notify the Metropolitan Council at least 72 hours in advance of the actual physical start of any construction. 3. The Cii:y of Rosemount, it's successors and assigns, hereby agree that it will ensure their contractor and subcontractor's compliance with all applicable safety standards pertaining to working in the atmosphere of sanitary sewers. Attention is specifically directed to the confined space rules adopted by the Minnesota Department of Labor and Industry Regulations 5207.0300. 4. The City of Rosemount, it's successors and assigns, hereby agree that construction of the project is in accordance with the construction plans as reviewed by the Metropolitan Council. The City of Rosemount, its contractors and subcontractors must protect the Metropolitan Council facilities during construction. Stockpiles of soil and construction material and imposition of excessive loading over the interceptor sewer is not permitted. 5. The City of Rosemount, it's successors and assigns, hereby agree that the Metropolitan Council employees, agents, and successors in interest shall have access to its facilities at all times. 6. The City of Rosemount, it's 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. 7. Should the Metropolitan Council find it necessary to remove or disturb in any way the road improvements and utilities shown on the plans and constructed as part of the project in the pipe easement area, reconstruction shall be paid for by the City of Rosemount, it's successors and assigns. 8. 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. 9. The City of Rosemount, it's successors and assigns shall provide to the Met Council Environmental Services Division specifications, half size drawings, and electronic files (AUTOCAD 2010 or newer) of the Project encroaching on the Met Council Easement. IN WITNESS WHEREOF, the undersigned parties have caused this agreement to be duly executed this day of The City of Rosemount By: Its: Mayor STATE OF MINNESOTA )ss COUNTY OF On the day of 2011, before me, a notary public within and for said County, appeared William H. Droste, respectively named in the foregoing instrument as the Mayor of the City of Rosemount, and that said instrument was signed on behalf of said City of Rosemount, a Minnesota Municipal Corporation, by authority of its City Council, and said Council acknowledged said instrument to be the free act and deed of said City of Rosemount. METROPOLITAN COUNCIL STATE OF MINNESOTA )ss COUNTY OF RAMSEY Notary Public By Patrick Born Regional Administrator On the day of 2011, before me, a notary public within and for said County, personally appeared Patrick Born, Regional Administrator, named in the foregoing instrument, and that said instrument was signed 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. 3 Notary Public Approved as to Legal Form: Office of General Counsel DRAFTED BY: Jeanne K. Matross Attorney No. 68615 Associate General Counsel Metropolitan Council 230 East Fifth Street St. Paul, MN 55101 651- 602 -1108 Attach Exhibit A Easement Documents Attach Exhibit B Plan Sheets .In P -resence of: 4-;4J (EXHIBIT A 1 EASEMENT +t Ti I #U.MLNT, Made this 7 day of 1 c ce'in.6e'� 1972 by and between Jerome McCarthy and 71k `�J eCQ.41M his wife, of the County of In rtIG J n State of Califor- nia, parties of the first part, and the METROPOLITAN SEWER BOARD, a duly constituted agency of the Metropolitan Council created and orga- n_zed pursuant to Minnesota Laws 1969, Chapter second part; WITNESSETH, That the said parties of consideration of One Dollar and other good and to them in hand paid by the said party of the second part, the re- ceipt whereof is hereby acknowledged, do hereby Grant, Bargain, Sell, Convey and Warrant to said party of the second part, the easements situated in Dakota County, Minnesota, described on Exhibit A attached hereto and made a part hereof. The State Deed Tax due hereunder is Exempt. IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands the day and year first above written. STATE OF CALIFORNIA) (SS COUNTY OF ¶4 A On this k day of me, a Notary Public within and for Jerome McCarthy and Li to be the persons described In an and acknowledged that they executed At4a A A3 S rot. ctsGn N mc- Sp. 6K,kf�'3 �ALIFS+v' d oa MATEO WARM Y1, jf llty ux+e,tr.h'.:n L`ca.ree ..u.( L. b 449, party of the the first part, in valuable consideration r Jerome McCarthy Lee sai who exe the sam Rae McCarthy 1972, before ty ,pe na11y appeared hi wife, to menown Nthe 1 oregoincj i:nsVrument, tneyr free att and deed. 11 of 4 EXIIlBIT A A perpetual easement for sanitary sewer purposes and a temporary construction easement over and across the following described land: West 1/2 of the Northeast 1/4 of Section 27, Township 115, Range 19, Dakota County, Minnesota. Said perpetual easement being 20 feet on each side of the following described line and said construction easement being 50 feet on each side of the following described line: Commencing at the Northeast corner of said Section 27; thence southerly along the East line of said Section 27 a distance of 650.0 feet to the point of beginning of the line to be described; thence southwesterly to a point said point being 30.0 feet easterly of the West line of the Northeast 1/4 of said Section 27 (mea- sured at right angles) and 1350.0 feet southerly of the North line of said Section 27 (measured at right angles); thence westerly a distance of 515.0 feet along a line and there terminating. The prolongation of the last described line intersects the West line of saki Section 27 at a point 1363.25 feet southerly of the Northwest corner of said Section 27_ Said perpetual easement being 15 feet northerly of and 20 feet southerly of the following described line and said construction ease- ment being 32.5 feet on each side of the following described perpetual easement; Beginning at the above described terminus; thence wes- terly along the above described prolongation to the West line of said Section 27 and there terminating. The side lines of said easements are to be lengthened or shortened as to terminate in the East and West lines of said Section 27. AND A perpetual easement for sanitary sewer purposes and a temporary construction easement over and the following described land: South 1/2 of the Northwest 1/4 of Section 27, Township 115, Range 19, Dakota County, Minnesota. Said perpetual easement being 20 feet on each side of the following described line said construction easement being 50 feet on each side of the following described lire: Commencing at the Northeast corner of said Section 27; thence southerly along the East line of said Section 27 a distance of 650.0 feet to the point of beginning of the line to be described; thence Southwesterly to a point said point. being 30.0 feet easterly of the West line of the Northeast 1/4 of said Section 27 measured at right angles) and 1350.0 feet southerly of the North 2 of 4 line of said Section 27 (measured at right angles); thence westerly a distance of 515.0 feet along a line and there terminating. The prolongation of the last described line intersects the West line of said Section 27 at a point 1363.25 feet southerly of the Northwest corner of said Section 27. Said perpetual easement being 15 feet northerly of and 20 feet southerly of the following described line and said construction easement being 32.5 feet on each side of the following described perpetual easement: Beginning at the above described terminus; thence westerly along the above described prolongation to the West line of said Section 27 and there terminat- ing. The side lines of said easements are to be lengthened or shortened as to terminate in the East and West lines of said Section 27. The said temporary construction easements to expire March 1, 1974. -2- 13 of 41 "i l7 jt 0 Ch. 5t 5' 101 Z''' t r --z,.. 1 1 70 c a i -1 m 06- )•'1 C'E' T. i g o 9. a P 'SA i 2. ..I: t :4 .E.," F.. 3' 9. 1 a 7:0 14 of 41 8 3 8 E 9M 9 4J 9xa J 9A_t6 III >.L t I i IA� WSB Na9.,9.94. fl CONNEMARA TRAIL IMPROVEMENT PROJECT ROSEMOUNT, MINNESOTA �t 9nf a .»N A rr ms' s r_ J. �aar IN-�t O R1 1fY62.wa Oat. MIS r /te ....+.s 'iI T. S T^ IST, I :C..930.9 a I 1/. SiR.12 +94.+9 27.66 L: TC =929.55 V *RA ti TA �R- C. 2&2 •tV 7 -c 292 CONNEMARA TRAIL IMPROVEME NT PRO..ECT ROSEMOUNT, MINNESOTA u J 4.10 a. zs fl 0= L. s c43 251 .1 43 63 ,10 i.16 6 26.2S 9 111 WSB 701A././1.30AR 2.4. 103 WV.INKKMI. 00= 50., .4 am ...1111..1.15[9A 1 5.Z ....i "1 1 'irl t 1.i. I I I I •i :p I 1 I N .1 t i .W i 1 1 6i. 4.44012 AV 1 1 I C'N 1 i i I I i i i• A I CONNEMARA TRAL IMPROVEMENT PROJECT ROSEMOUNT, MINNESOTA ;1A sw.FPW ”rtoxl ..4 3 1 1 .4 >4 1.7•47.,1-rmizg,raat MA7Ct4 LINE SEE Shr.E2 14 r I I I 4 $0. 00 I•4 4.at• ol 1. I -14. 274 mums Is- wean% m, 11 4 1. N in. 1,4 Oft.so 14.0.9.100 Ia.... ..11 wall....V. r(110311.41WIL V.011.1411,[11% CONNEMARA TRAL IMPROVEMENT PROJECT ROSEMOUNT, MINNESOTA vAG What tr. s• 10. i 7: 8 8 8 D3C.$ 1161 •2$ $1$ ia• 93 v 2 .r1.1•AwYS7a01.$.3,11 WSB Alem0•4 SOt ao.111.1.90 .WMMAt(WMWO.KAilm.,..Ilifera 0 cai.t• e r e7 03. fie SA.23.$0C 24 OVRT T mAirs.62* (Ilea) STA.21 20.32(24 IC.222.421 (2e2) 0 S12.2..42-20 VC- .02 (42'2) 1 0 CONNEMARA TRAI_ IMPROVEMENT PROJECT ROSEMOUNT, MINNESOTA LIMIMOKI SI/0. 7 VI 1041 Ai WO NOY A§ ,74 A 71 Mena/M114.0.1...., Ien.....ng eon WSB ■Twalik 110164111110 8 CONNEMARATRAL IMPROVEMENT PROJECT ROSEMOUNT, MINNESOTA vATCA 6iNE SEE SAEET 22 ..1021 A.... rd.