HomeMy WebLinkAbout6.h. Xcel Encroachment AgreementI:\City Clerk\Agenda Items\Approved Items\6.h. Xcel Encroachment Agreement.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: April 21, 2020
AGENDA ITEM: Xcel Encroachment Agreement AGENDA SECTION:
Consent
PREPARED BY: Derick Anderson, Senior Engineer
Technician AGENDA NO. 6.h.
ATTACHMENTS: Encroachment Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve an Encroachment Agreement with Xcel
Energy for an overhead powerline above Rosemount’s Drainage and Utility Easement
BACKGROUND
Xcel Energy is relocating overhead power lines on private property within the SKB parcel off 140th Street
East. The overhead powerlines will pass above a 20-foot-wide Drainage and Utility Easement for the City
of Rosemount within the SKB property. There will be no structures built within the Easement area, and
no direct impact to the Easement area other than the overhead lines.
The City attorney has reviewed the agreement and determined it to be acceptable.
RECOMMENDATION
Staff recommends approval of the attached Encroachment Agreement with Xcel Energy.
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THE SPACE ABOVE THIS LINE IS RESERVED FOR RECORDING PURPOSES.
CONSENT AND CROSSING AGREEMENT
THIS CONSENT AND CROSSING AGREEMENT (the “Agreement”) is executed as of
this day of , 2020, by and between Northern States Power Company, a Minnesota
corporation, (“Xcel Energy”), and the City of Rosemount, a Minnesota municipal corporation,
(“The City”). Xcel Energy and The City of Rosemount are each a “Party” and sometimes referred
to herein collectively as the “Parties.”
RECITALS
WHEREAS, The City is the holder of certain easements (the “Existing Easements”),
which have been recorded as Document No. 1832266 in the records of Dakota County, State of
Minnesota, and pursuant to which The City has a 20-foot Drainage and Utility easement as
depicted on the attached Exhibit A (the “Utility Easement”); and
WHEREAS, Xcel Energy is relocating a 345kV transmission line and associated facilities
(the “Transmission Line”) in the vicinity of the Utility Easement, and holds new easements
pursuant to which Xcel Energy will relocate and operate the Transmission Line (the “New
Transmission Easements”), as depicted on the attached Exhibit A; and
WHEREAS, subject to the conditions hereafter set forth, The City consents and agrees to
permit Xcel Energy to construct, install, inspect, maintain, use, alter, upgrade, operate and replace
the Transmission Line extending across the Existing Easements and crosses the Utility Easement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
1. Subject to the conditions set forth in this Agreement, The City hereby consents and agrees
to permit Xcel Energy to construct, install, inspect, maintain, use, alter, upgrade, operate and
replace the Transmission Line to extend across and adjacent to the Existing Easements and cross
the Utility Easement at the locations identified in Exhibit A (the “Right of Way”). Xcel Energy
shall be responsible to obtain all necessary easements and access rights from the fee title holder(s)
of the property for the Transmission Line in the vicinity of the Right of Way.
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2. The City and Xcel Energy shall reasonably coordinate and cooperate so as not to
unreasonably interfere with each other’s facilities and each other’s access to or use of the Right of
Way pursuant to this Agreement. Xcel Energy agrees to provide The City with reasonable notice
prior to commencing any construction or repair activities in the vicinity of the Right of Way, so
that The City has the opportunity, if it so elects, to undertake such safety measures with respect to
its facilities as it deems prudent in light of the proposed construction or repair activities in question.
3. Xcel Energy or their assigns shall be solely responsible for the construction, installation,
inspection, operation, use, maintenance, repair, alteration, removal or replacement of the
Transmission Line and related facilities, and The City shall be solely responsible for the
construction, installation, inspection, operation, use, maintenance, repair, alteration, removal or
replacement of the Utility Easement and its related facilities; provided that a Party (including for
purposes hereof, such Party’s employees, invitees, contractors, agents and representatives) causing
damage to the facilities of the other shall be responsible for, and shall indemnify the other party
from and against, the actual costs of the other Party in repairing any such damage to its facilities.
Notwithstanding anything to the contrary in this Agreement, neither Party shall be entitled to, and
each of the Parties hereby waives any and all rights to recover consequential, incidental, and
punitive or exemplary damages, however arising, wither in contract, in tort, or otherwise, under or
with respect to any action taken in connection with this Agreement.
4. Either Party’s facilities may from time to time require tree and brush cutting and/or removal
and obstruction removal in the vicinity of the Right of Way. Neither Party objects to the efforts of
the other to control the growth of, cut, remove or dispose of any and all brush, tress and other
vegetation presently existing or hereafter growing in the vicinity of the Right of Way that impedes
or interferes with the facilities or operation of the other Party.
5. The Parties agree to abide by and comply with all Federal, State and local laws and building
and safety codes applicable to their operations and activities in the vicinity of the Right of Way,
and to conduct their respective activities in a manner conforming to prudent utility practices.
6. The City agrees that Xcel Energy’s activities in the vicinity of the Right of Way in relation
to the Utility Easement as described in this Agreement, shall not (i) be deemed a violation of or
encroachment on the Existing Easements or other rights with respect to the crossing area, or (ii)
give rise to any remedy, claim or cause of action or other relief on the part of The City against
Xcel Energy or their successors or assigns for damages or equitable or other relief, except to the
extent, if any, that Xcel Energy fails to perform the obligations as set forth in this Agreement. Xcel
Energy agrees The City’s activities in the vicinity of the Right of Way in relation to the
Transmission Line as described in this Agreement, shall not (i) be deemed a violation of or
encroachment on any of the Xcel Energy’s New Transmission Easements or other rights with
regard to the Right of Way area, or (ii) give rise to any remedy, claim, or cause of action or other
relief on the part of Xcel Energy against The City or its respective successors or assigns for
damages or equitable or other relief, except to the extent, if any, that The City fails to perform its
obligations as set forth in this Agreement.
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7. This Agreement contains the entire agreement between the Parties in connection with
any matter mentioned or contemplated herein, and all prior or contemporaneous proposals,
agreements, understandings and representations, whether oral or written, are merged herein and
superseded hereby. This Agreement shall be binding upon the successors or assigns of Xcel Energy
and The City.
8. This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Minnesota without regard to conflicts of law principles. Should any provision of this
Agreement be held, in a final and unappealable decision by a court of competent jurisdiction, to
be invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full
force and effect, unimpaired by the holding.
9. This Agreement shall remain in effect until the Parties agree to amend or terminate
this Agreement. Any such amendment or termination must be signed and in writing.
Counterpart signature pages follow.
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COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
NORTHERN STATES POWER COMPANY,
a Minnesota corporation
BY:
Name: Timothy Rogers
Its: Manager, Siting and Land Rights
Xcel Energy Services, Inc. as an
authorized agent for
Northern States Power Company
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ______, 2020,
by Timothy Rogers, Manager, Siting and Land Rights, Xcel Energy Services, Inc., as an authorized
agent for Northern States Power Company, a Minnesota corporation, on behalf of the corporation.
(Stamp)
Notary Public
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COUNTERPART SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
THE CITY OF ROSEMOUNT
BY:
William H. Droste
Its: Mayor
BY:
Erin Fasbender
Its: City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF )
The foregoing instrument was duly acknowledged before me this ___ day of
____________, 2020, by William H. Droste and Erin Fasbender, the Mayor and City Clerk for the
City of Rosemount, respectively, a Minnesota municipal corporation, on its behalf.
(Stamp)
Notary Public
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EXHIBIT A
Easements