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Home My WebLink About6.o. MCES Agreement for Eastside Watermain, City Project #345CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: August 7, 2003 Please find attached, for your consideration, an Agreement between Metropolitan Council Environmental Services (MCES) and the City of Rosemount. This Agreement addresses the consent to allow encroachment onto MCES Sanitary Sewer Easement for the installation of watermain as part of the Eastside Watermain Phase 2 Project, City Project #345. This Agreement has been reviewed by the City Attorney. AGENDA ITEM: MCES Agreement for Eastside Watermain, City AGENDA SECTION: Project #345 ADD -ON PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA NO: ATTACHMENTS: Metropolitan Council Environmental Services APPROVED BY: (MCES) Agreement RECOMMENDED ACTION: MOTION TO APPROVE THE MCES AGREEMENT FOR THE EASTSIDE WATERMAIN, CITY PROJECT #345 AND AUTHORIZE THE NECESSARY SIGNATURES. COUNCIL ACTION: 7 i CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: August 7, 2003 Please find attached, for your consideration, an Agreement between Metropolitan Council Environmental Services (MCES) and the City of Rosemount. This Agreement addresses the consent to allow encroachment onto MCES Sanitary Sewer Easement for the installation of watermain as part of the Eastside Watermain Phase 2 Project, City Project #345. This Agreement has been reviewed by the City Attorney. RECOMMENDED ACTION: MOTION TO APPROVE THE MCES AGREEMENT FOR THE EASTSIDE WATERMAIN, CITY PROJECT #345 AND AUTHORIZE THE NECESSARY SIGNATURES. COUNCIL ACTION: AGENDA ITEM: MCES Agreement for Eastside Watermain, City AGENDA SECTION: Project 4345 ADD -ON PREPARED BY: Andrew J. Brotzler, P.E., City Engineer AGENDA NO: ATTACHMENTS: Metropolitan Council Environmental Services APPROVED BY: (MCES) Agreement 7 ku¢ -06 -03 16:31 From-Kennedy & Graven +6123379310 T -081 P.004/007 F-206 Y CONSENT TO ALLOW ENCROACIIlvlENT ONTO SANITARY SEWER EASEMENTS The Metropolitan Council, a public corporation and political subdivision of the state, (successor to the Metropolitan Waste Control. Commission }, being the holder and owner,of a sanitary sewer easement dated November 30, 1972; October 18, 1972, respectively, and recorded on December 1, 1972; October 20, 1972; October 20, 1972, respectively, as Document Nos. 408801, 406580 and 406579, in the office of the County recorder in and for Dakota County, Minnesota, covering the premises lying and being in the City of Rosemount, Minnesota, and described as: Prgperty Description See attached EXFUTr A in consideration of the sura 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 between the owner of said property and the Metropolitan Council, to -wit: The encroachment permitted by this Consent is described as follows: Construction, operation and maintenance of a 16" watermain kaown as City of Rosemount Eastside Watenalain Phase H, City of Rosemount Project 345 This Consent does not allow the encroachment onto the pipe owned by the Metropolitan Council to be used for any purpose other than the purpose described herein._ The Metropolitan Council and the City of Rosemount, its successors and assigns, hereby agree that said encroachment shall be subject to .the following conditions: 1 _ Each parry agrees that it will be responsible for its own acts and the results thereof, to the e=at authorized by law and shall not be responsible for the acts of the other parry and the results thereof. Metropolitan Council and'ihe City of Rosemount liabilities are governed by the provisions of Minnesota Statutes, Chapter 466... Metropolitan Council and the City of Rosemount each warrant that they are able to comply with the aforementioned requirements through an Aug -06 -03 16:31 From- Kennedy & Graven +6123379310 T -081 P.005/007 F -206 insurance or self insurance program and have minimum coverage consistent with the liability limits contained in Minnesota Statutes, Chapter 466. 2. The City of Rosemount, its successors and assigns will notify the Metropolitan Council at least 72 hours in advance of the actual physical start of any comttuction. 3. The City of Rosemount, its successors and assigns, hereby agree that it will ensure its contractor's 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 rules adopted by the Minnesota Department of Labor and Industry Regulations 5207.0300. 4. The City of Rosemount its successors and assigns, hereby agree that construction of the project is in accordance with the construction plans as reviewed and approved by the Metropolitan Council. 5. The City of Rosemount, its successor's 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, its 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 16" watermain, repair and/or removal of said wa termain shall be paid for by the City of Rosemount, its 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 runnin with the land. 91. The City of Rosemount shall provide to the Metropolitan Council Environmental Services half -size drawings and electronic files (Auto Cad 2000) of the affected areas- 10 -2- huff -06 -03 16:31 From - Kennedy & Graven +6123379310 T -081 P.006 /007 F -206 Y IN WTI'NESS WIiE EOF, the undersigned parties have caused this agreement to be duly executed this day of , 20 By Its By Its STATE OF NMgNESOTA. ) )SS COUNTY OF On the day of , 20 before zne, a notary public within and for said County, appeared _ , respectively named in the foregoing instrument was signed on behalf of said , a Corporation, by authority of its Board of Directors and said Board of Directors acknowledged said instrum to be the free act and deed of said Notary Public Aug -06 -03 16:32 From— Kennedy & Graven +6123379310 T -081 P.007 /007 F -206 Metropolitan Council, a Public Corporation and Political Subdivision of the State By Thomas H. Weaver Regional Administrator STATE OF MINNESOTA ) )ss COUNTY OF O the day of , 20 , before me, a notary public within and for said County, personally appeared Thomas H. Weaver, 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. Notary Public Approved as to Legal Form: Jeanne K. Matross Attorney License No. 68615 DRAFTED BY: Jeanne K. Matross Associate General. Counsel Office of General Counsel Metropolitan. Council , 230 East Fifth Street St, Paul, MN 55101 651- 602 -1108 -4-