HomeMy WebLinkAbout6.h. Accept Public Improvements, Minea Sanitary Sewer Extension, City Project 2018-18I:\City Clerk\Agenda Items\Approved Items\6.h. Accept Public Improvements, Minea Sanitary Sewer Extension, City Project 2018-18.docx
EXECUTIVE SUMMARY
City Council Regular Meeting: May 5, 2020
AGENDA ITEM: Accept Public Improvements – Minea
Sanitary Sewer Extension, City Project
2018-18
AGENDA SECTION:
Consent
PREPARED BY: Brian Erickson, Director of Public
Works/City Engineer AGENDA NO. 6.h.
ATTACHMENTS: Resolution, WSB Recommendation
Letter, Lien Waiver, Final Invoice from
McNamara Contracting,
Performance/Warranty Bond, ISD 196
Easement
APPROVED BY: LJM
RECOMMENDED ACTION: Approve Resolution to Accept Minea Sanitary Sewer
Extension, City Project 2018-18, Public Improvements for Perpetual Maintenance
BACKGROUND
On August 21, 2018, City Council approved a Sewer Extension Development Agreement with JMOR Real
Estate Investments, LLC; BMV Real Estate Investments, LLC and KOGL Family Limited Partnership
d/b/a Rosemount Farms Joint Ownership Group (the Developer) for the installation of a sanitary sewer
main on a parcel owned by Independent School District 196 (ISD 196). This extension will provide
sanitary sewer collection service to both the ISD 196 parcel and the parcel immediately to the west.
The Developer has requested final acceptance of the public improvements and has submitted
documentation required for public acceptance, including warranty deeds, lien waivers, as-builts and the
final pay voucher. WSB, the City’s designer/inspector for the project, submitted a letter on April 28, 2020
that recommends approval and acceptance of the public improvements.
ISD 196 is in the process of granting a permanent easement over this infrastructure. Action on that is
expected at their May 11, 2020 meeting.
RECOMMENDATION
Upon acceptance of the work, the public improvements constructed as the Minea Sanitary Sewer
Extension, City Project 2018-18, shall become City property per the subdivision agreement. Staff
recommends that City Council approve the resolution accepting the improvements for perpetual
maintenance.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2020 – 58
A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS
FOR MINEA SANITARY SEWER EXTENSION
CITY PROJECT 2018-18
WHEREAS, the developer has submitted documentation for City acceptance of the public
improvements;
WHEREAS, the City received a letter from WSB & Associates, Inc. confirming the public
improvements were installed in accordance with the approved plans and specifications and finds the
improvements acceptable;
BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota. The work completed
under said agreement is hereby accepted for perpetual maintenance and ownership.
ADOPTED this 5th day of May, 2020.
William H. Droste, Mayor
ATTEST:
Erin Fasbender, City Clerk
K:\013252-000\Admin\Docs\20200428 Memo - Minea Sanitary Sewer Extension Project Closeout.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG.COM Memorandum
To: Brian Erickson, PE, Public Works Director/City Engineer
Stephanie Smith, PE, Assistant City Engineer
City of Rosemount
From: Monica Heil, PE, Senior Project Manager
Date: April 28, 2020
Re: Minea Sanitary Sewer Extension Project
City Project No. 2018-18
WSB Project No. 013252-000
The City of Rosemount is in the process of closing out and accepting the utility improvements for
the Minea Sanitary Sewer Extension Project.
The improvements, consisting of sanitary sewer extension for the future ISD #196 school site,
were designed and inspected by WSB in accordance with the City’s Standard Specifications and
Engineering Guidelines. The public improvements were administered and constructed privately
by the developer BVM Real Estate Investments LLC and McNamara Contracting, Inc.
Improvements were constructed from August 2019 to November 2019.
WSB recommends approval and acceptance of the utility improvements.
Please contact me at mheil@wsbeng.com or 952-737-4675 with any comments or questions.
Sincerely,
WSB
Monica Heil, PE
Senior Project Manager
533515v1 MDT RS215-4 1
SANITARY SEWER EASEMENT
THIS INSTRUMENT is made by Independent School District No. 196, a Minnesota public
school district (“Grantor” or “District”), in favor of the city of Rosemount, a Minnesota municipal
corporation, (“Grantee”).
Recitals
A. Grantor is the fee owner of the following described property in Dakota County, Minnesota
(the “Property”):
That part of the East Half of the Southwest Quarter (E 1/2 SW 1/4) of Section 22,
Township 115, Range 19, lying Northerly of the Northerly right-of-way line of the
Chicago, Rock Island and Pacific Railroad, and lying Southerly of the centerline of
135th Street West as now established (also known as County Road No. 38), Dakota
County, Minnesota [Torrens Property, tax parcel ID 34—02200—50—13].
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contained herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor grants and conveys to the Grantee a perpetual, non-exclusive easement for
sanitary sewer purposes, described and depicted on the attached Exhibit A.
2. Scope of Easement. Grantee has accepted the sanitary sewer facilities located within the
easement area as part of its existing municipal sanitary sewer system and will maintain the facilities
as such. The perpetual sanitary sewer easement granted herein includes the right of the Grantee,
its contractors, agents, and employees to enter the premises upon reasonable notice to District for
the purpose of locating, constructing, reconstructing, operating, maintaining, inspecting, altering
and repairing within the described easement area the sanitary sewer facilities (“authorized work”).
All authorized work will be performed in a safe and workmanlike manner and, whenever possible,
will be coordinated with District so as to minimize as much as reasonably practicable any
disruptions to school district operations occurring on the property.
Grantor shall not install or build any permanent structures or buildings upon or within the
easement area. Notwithstanding the foregoing, Grantor may install such items as landscaping,
fences, or other temporary or easily-removed items with the consent of Grantee. The easement
granted herein includes the right of Grantee to cut, trim, or remove from the easement area such
trees, shrubs, or other vegetation as in the Grantee’s judgment unreasonably interfere with the
easement or the function of the facilities located therein.
Whenever Grantee shall engage in any authorized work in the easement area, Grantee shall
restore the easement area to a condition equal to or better than the condition that existed prior to
such work. However, to the extent necessary to allow Grantee to complete authorized work,
533515v1 MDT RS215-4 2
District shall be responsible for the costs of removing or modifying any items it has installed in
the easement area, as well as the costs of restoring such items.
Should District decide to improve the property legally described in the Recitals above,
nothing herein shall prevent it from connecting a sanitary sewer line from said improvement(s) to
the sanitary sewer facilities located within the easement area. Connection shall be contingent upon
payment of required fees that include, but are not limited to Trunk Area Assessments and Sewer
Availability Charges.
3. Warranty of Title. The Grantor warrants that it is the owner of the Property as described
above and has the right, title and capacity to convey to the Grantee the easement herein.
4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release of
any hazardous substances, pollutants, or contaminants which may have existed on, or which relate
to, the easement area or Property prior to the date of this instrument..
5. Binding Effect. The terms and conditions of this instrument shall run with the land and be
binding on the Grantor, its successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this _____ day of ______________, 2020.
INDEPENDENT SCHOOL DISTRICT 96
By:
Its:
By: _________________________________
Its:
STATE OFMINNESOTA )
) ss
COUNTY OF DAKOTA )
This instrument was acknowledged before me on the ____ of ________,2020, by
_____________________, and ________________, the Board Chair and Board Clerk,
respectively of Independent School District 96, a Minnesota public school district, on behalf of the
District.
_______________________________
Notary Public
533515v1 MDT RS215-4 3
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (MDT)
200 South Sixth Street
470 U.S. Bank Plaza
Minneapolis, MN 55402
533515v1 MDT RS215-4 A-1
EXHIBIT A
Legal Description of the Sanitary Sewer Easement Area
A perpetual, non-exclusive sanitary sewer easement over, under, and across that part of the
Northeast Quarter of the Southwest Quarter of Section 22, Township 115, Range 19, Dakota
County, Minnesota, which lies 30.00 feet on either side of the following described centerline:
Commencing at the southeast corner of the Southwest Quarter of said Section 22, thence on an
assumed bearing of North 00 degrees 05 minutes 05 seconds East, along the east line of said
Southwest Quarter, a distance of 2182.74 feet to the point of beginning of the centerline to be
described; thence North 89 degrees 54 minutes 55 seconds West a distance of 76.03 feet; thence
South 58 degrees 30 minutes 42 seconds West a distance of 260.00 feet; thence South 00 degrees
05 minutes 05 seconds West a distance of 393.31 feet; thence South 67 degrees 08 minutes 04
seconds West a distance of 720.00 feet; thence South 87 degrees 22 minutes 13 seconds West a
distance of 190.00 feet; thence North 28 degrees 38 minutes 39 seconds West a distance of
220.00 feet; thence North 90 degrees 00 minutes 00 seconds West a distance of 70.00 feet to the
west line of the Northeast Quarter of the Southwest Quarter of said Section 22.
The sidelines of said easement shall be prolonged or shortened to terminate on the east and
west lines of the Northeast Quarter of the Southwest Quarter of said Section 22.
ABBEYFIELD AVENUEN00°05'05"E 2182.74303030 30
OWNER: ISD NO. 196
ADDRESS: UNAVAILABLE
PID: 34-02200-50-013
OWNER: JMOR REAL ESTATE INVESTMENTS LLC& VESTMENTS LLC BVM REAL ESTATE INADDRESS: UNAVAILABLEPID: 34-02200-60-013100100SE CORNER OF THE SW 1/4OF SEC. 22, T. 115, R. 19(POINT OF COMMENCEMENT)POINT OF BEGINNING(PERMANENT UTILITY EASEMENT)E LINE OF THE SW 1/4OF SEC. 22, T. 115, R. 19W LINE OF THE NE 1/4OF THE SW 1/4 OFSEC. 22, T. 115, R. 19N89°54'55"W
76.03
S58°
3
0'
4
2"
W
260.
0
0
S00°05'05"W393.31S67°0
8'
0
4
"
W
720.0
0
S87°22'13"W
190.00N28°38
'39
"W220.00
N90°00'00"W
70.00
E LINE OF THE NE 1/4 OF THE
SW 1/4 OF SEC. 22, T. 115, R. 19
30 30
30300 200100
N
WSB Project No. 013252-000 Date: 4/23/20Minea Sanitary Sewer Extension
Easement Exhibit
PID: 34-02200-50-013
City of Rosemount, Minnesota
Prepared by:
PERMANENT UTILITY EASEMENT AREA = 115,760 SQ. FT.K:\013252-000\Survey\Drawing\Easement\013252-000-V-ESMT-EXBT-340220050013.dwg, 4/23/2020 1:52:10 PM Exhibit A
A-2