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Home My WebLink About6.s.Approve MCES Agreement for Sanitary Sewer Encroachment for Bloomfield 2nd Addition, City Project # 299 CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: September 7, 1999 AGENDA ITEM: Approve MCES Agreement for Sanitary Sewer AGENDA SECTION: � Encroachment, Bloomfield 2°a Addition, City Consent Project#299 PREPARED BY: Bud Osmundson AGENDA NO. City Engineer/Public Works Director �1�� 6 � ATTACHMENTS: Encroachment Agreement APPROVED BY: Attached is a"Consent to Allow Encroachment Onto Sanitary Sewer Easements" agreement with the Metropolitan Council Environmental Services,which will allow the connection to the MCES interceptor within the Bloomfield 2"d Addition plat. This agreement just defines the responsibilities of each party and the contractor for the sanitary sewer connection. The grading of the Bloomfield 2°d Addition is almost complete and the contractor for the street and utilities will begin installation next week. Staff recommends the action as stated below. RECOMMENDED ACTION: MOTION TO APPROVE THE ENCROACHMENT AGREEMENT AND TO AUTHORIZE NECESSARY SIGNATURES. CITY COUNCIL ACTION: Metropolitan Coun�il Working for the Region, Planning for the Future August 11, 1999 Mr. Jay Kennedy ��f�E� WSB Associates,Inc. �UG 1 � 1�99 350 Westwood Lake O�ce 8441 Wayzata Blvd. , Minneapolis, MN 55426 �s� � ��5�l��S Dear Mr. Kennedy< . The Metropolitan Council Wastewater Services staff has reviewed your request of Julv 27._1999 to encroach upon its sanitary sewer pipe for street and utili,tv construction in conjunction with t e �lat of Bloomfield 2nd Addition . The Metropolitan Council has a sanitarv sewer interce�tor at this location. The Metropolitan Council has no objection to the proposed constiuction project provided the enclosed agreement is executed by officers of The Citv of Rosemount authorized to enter into such an agreement. Assuming an agreement is entered into, you «zll be required to notify the Metropolitan Council at least 72 hours prior to construction in order to allow for the Metropolitan Council's inspection of the �vork. Please contact Mr. Walter Wessels at (651)602-8932 to arrange for the inspection. Please note: No �vork near Metropolitan Council facilities shall commence until all parties have signed the enclosed agreement and the 72 hour notice has been given. Any deviation from this procedure may result in you, as the project o�vner, assuming addirional liability for any damages to the Metropolitan Council facilities. Two copies of the agreement are enclosed. Please return both signed agreements to me, one fully signed agreement will be returned to you upon Metropolitan Council si�ning. Should you have any questions, please contact me at(651) 602-1146. A permit for the connection at Bayberry Circle wzll be required. I believe you are akeady in contact v��ith Bev Hall at Metropolitan Council Environmental Sen�ices (651-601-1133) for this pernut application. Sincerely , 1'..�.C�� - �� LuAruie L.Major Administrative Technician,Real Estate Metropolitan Council Legal Counsel LLM: copies: W. Moeller,MCES W. Wessels,MCES J. Lindgren,MC J. Matross,MC 230 East Fifth Street St Paul.Minnesota 55301-1626 (651)602-1000 Fax 602-1550 TDD/71Y 291-0904 Metro Info Line 602-1888 � . � �e�C,�nt nnmrhtnitu EmDlOutf CONSENT TO ALLOW ENCROACHMENT ONTO SA1vITARY SEWER EASIIVSENTS The Metropolitan Council, a public corporation and political subdivision of the state, (successor to the Metropolitan Waste Control Commission and the Metropolitan Sewer Board), being the holder and owner of a sanitary sewer easement dated December 22, 1972 and recorded on December 27, 1972 , as Document No. 41004 and Easement Modification Ageement dated_ June 6, 1988 and recorded on Aug;ust 3, 1988 as Document No. 850586 in the office of the County Recorder in and for Dakota County,M'innesota, covering the premises lying and being in Dakota County,Minnesota, and described as: Properiy Description: The Plat of Bloomfield 2`� Addition, lying in the Northeast Quarter of Section 28, Township 115,Range 19,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 between the owner of said property and the Metropolitan Council,to-wit: Easement Description: See attached Exhibit A for legal description of sanitary sewer easement as described on above mentioned Easement Document No. 410004 and Easement Modifica.tion Agreement Document No. 850576. The encroachment pernutted by this Consent is descnbed as follows: Street and utility constnzction and appurtenant work within the plat of Bloomfield 2'�Addition. 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. -1- The Metropolitan Council and _the City of Rosemount (,hereinafter referred to in this Document as "the Cit�') , its successors and assigns, through its representative , hereby agree that said encroachment shall be subject to the following conditions: 1. The Citv, its 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 or are claimed to have arisen out of the encroachment �on or use of the pipe area by The Citv of Rosemount, its successors and assigns. 2. The Cit,�, its successors and assigns will notify the Metropolitan Council at least 72 hours in advance of the actual physical start of any construction. 3. The Cit,�, its successors and assigns, hereby aa ee that it will ensure its contractor's and subcontractor's compliance with all applicable safety standards pertaining to working in the atmosphere of sarutary sewers. Attention is specifically directed to the confined rules adopted by the Muinesota Department of Labor and Industry Regulations, Parts 5205.1000 through 5205.1040 and 5207.0300. 4. The City ,its successors and assigns,hereby agee that construction of streets and utilities in the plat of Bloomfield 2'�Addition will be in accordance with construction plans prepared by WSB & Associates. Inc., dated June l. 1999 and submitted as Ci,ty Project No. 299 , which indica.te less than one foot additional cover over the sanitary sewer interceptor. 5. The Cit,�, its successors and assigns, hereby agree that the Metropolitan Council employees, agents, and successors in interest shall have access to the area covered by this encroachment for purposes of repair or maintenance of said sanitary sewer Pipe No. 71-12 at all times. 6. The Citv , 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 streets and utilities in Bloomfield 2`�Addition which encroach onto Metropolitan Council sanitar,y sewer easement , repair and/or removal of said streets and utilities shall be paid for by the City ,its successors and assigns. -2- 8. The Ci agees that adjustments to any sanitary sewer interceptor access structures shall be made in accordance with Standard Plat PL100. The 8—inch sewers in Bayberry Circle shall connect to Maintenance Hole (4046) via outside drops in accordance with Standard Plate 103. Standard Plates are attached and made a part of this agreement as Exhibit B. 9. The City shall fumish a copy of the contractor furnished inspection tape for the affected . Interceptor reach. The televised inspection shall occur before and after construction. 10. All necessary precautions shall be taken when installing the 36-inch jacked pipe in Avanti Way and the 8-inch watermain in Bayberry Trail to prevent gound loss beneath the interceptor. 11. The Ci shall provide to the Metropolitan Council Environmental Services full size drawings and electronic files(AutoCad 14)of the affected area. 12. This agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assignees and the consent ganted herein shall be perpetual and shall constitufe a covenant running with the land. IN WITNESS WHEREOF, the undersigned parties have caused this agreement to be duly executed this day of , 19_. The City of Rosemount. A 1Viinnesota Municipal Corporation By Its By Its -3- STATE OF NIINNESOTA } } SS COUNTY OF } On the day of 19 , before me a notary public within and for said County, personally appeared�. respectively named in the foregoing instrument, and that said instrument was signed on behalf of said Citv of Rosemount , a 1V�innesota Munici�_ Corporation , by authority of its and said acknowledged said instrument to be the free act and deed of said Cit,�of Rosemount . Notary Public METROPOLITAN COUNCIL,,A PUBLIC CORPORATION AND POLITICAL SUBDIVISION OF T'HE STATE By James J. Solem,Regional Administrator STATE OF MINNESOTA } } SS COUN'TY OF } On the day of , 19_,before me a notary public within and for said County, personally appeared James J. Solem, Regional Administrator, named in the foregoing instcument, 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 aclrnowledged said instrument to be the free act and deed of said Metropolitan Council. Notary Public -4-