HomeMy WebLinkAbout6.l. Authorize Encroachment Agreement with Koch Pipeline - Glendalough and Glendalough 2nd Additions, City Project #4274 ROSEMOUNT
CITY COUNCIL
City Council Meeting: October 6, 2009
EXECUTIVE SUMMARY
AGENDA SECTION:
Consent
AGENDA ITEM: Authorize Encroachment Agreement with
Koch Pipeline Glendalough and
Glendalough 2 Add City Project
#427
PREPARED BY: Andrew J. Brotzler, P.E., Director of
Public Works /City Engineer
ATTACHMENTS: Agreement
AGENDA NO. ipt.
APPROVED BY:
Do
RECOMMENDED ACTION: Motion to Approve Encroachment Agreement with Koch
Pipeline for Improvements in the Glendalough and Glendalough 2 "d Additions and
Authorize the Necessary Signatures Subject to Review by the City Attorney.
ISSUE:
City staff requests Council authorization for the execution of the attached Encroachment Agreement with
Koch for encroachment of lines within the Glendalough and Glendalough 2n Additions, CityProject
427.
BACKGROUND:
Please find attached for Council consideration the Encroachment Agreement with Koch Pipeline for
construction of public roadways over the existing petroleum pipelines within private easement, located
within the Glendalough and Glendalough 2n Addition plats.
SUMMARY:
Staff recommends Council authorization for the execution of the attached Encroachment Agreement with
Koch Pipeline subject to review by the City Attorney.
G: \ENGPROJ\427 \100609 CC Approve Koch Pipeline Agreement.doc
Kt
KOCH PIPELINE
P.O. Box
KO CH
-2913
COMPANY LP
2913, Wichita, Kansas 67201
ENCROACHMENT PERMIT "PERMIT
By: KOCH PIPELINE COMPANY, L.P. (KPL) (hereinafter referred to as 'PERMITTOR
Permit Number:.: PI 135
PERMITTEE: City of Rosemount Date: 9 -19 -2009
Name:
Address: 13885 South Robert Trail Rosemount, MN 55068
Attention:Morgan Dawley
Phone: 651- 322 -6005 Fax: 651- 322 -6080
LEGAL DESCRIPTION OF PROPERTY LOCATION:
Township 115 North, Range 19 West, Section 20. City of Rosemount, MN. WRPL 18" System.
DESCRIPTION OF PERMITTED FACILITY: (hereinafter referred to as the "Permitted Facilities
Construction of Asphalt Road. Two concrete sidewalks and grading work within easement.
What: 30' Wide Asphalt Road a 5' wide concrete sidewalk.
Engineering Approved.
Where: Intersection of Connemara Trail
Carlingford Lane. Approx Stationing is 6297 +00
Diagram:
One Call Ticket 90485355
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 Perrnittor'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 Penmittee.
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
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Encroachment Permit
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whether such harm is to Permittee, the Indemnified Parties or any other person or entity. The duty to
release, defend, protect, indemnify and hold the Indemnified Parties harmless shall include, but not be
limited to, Claims/Liabilities that result from the comparative, concurrent or contributing negligence
of any person or entity including, but not limited to, the Indemnified Parties, except Permittee shall
not be liable under this section for Claims/Liabilities resulting from the sole 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 v iolation 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 Pennittor, 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.
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') 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 24" from the pipeline.
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Pennittor's Main Contact: Koch Pipeline Company LP
Permittor's Local Contact
Name: Bonnie Bowers
Name: Tyson Mingo
Address: P.O. Box 64596, St. Paul, MN 55164
Address: PO Box 67 Cottage Grove, MN 55016
Telephone: 651- 438 -1563
Telephone: 651- 459 -2424
Fax: 651-480-3827
Fax: 651- 459 -2540
Cell: 612- 868 -3495
Cell: 952- 451 -6046
In the event of an EMERGENCY: (Insert correct emergency number)
The undersigned acknowledges a review of the Conditions, Requirements, and Special Provisions with a KPL
representative and agrees to the same.
SIGNED this day of 2009
PERMITEE:
By: I Printed Name: I Title:
PERMITTOR:
KOCH PIPELINE COMPANY, L.P.
By: Printed Name: Mike Kostelecky Title: Operations Supervisor
PERMITTOR:
By: I Printed Name: Bonnie Bowers I Title: Right of Way Agent
In the event that the Operations Area recommends recording the encroachment, the page hereafter shall serve for
recording purposes.
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[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
My Commission Expires:
STATE OF
COUNTY OF
NOTARY PUBLIC
This instrument was acknowledged before me on this day of
2 by the of
On behalf of said
My Commission Expires:
NOTARY PUBLIC