Loading...
HomeMy WebLinkAbout5E - Mader Lift Station 16200 Eagle Creek Avenue S.E. Prior Lake, MN 5537~rW&OUNCIL ACCNDA RCrORT DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: DISCUSSION: ISSUES: FINANCIAL IMPACT: APRIL S, 2004 SE MAKENZIE MCCORMICK, PUBLIC WORKS COORDINATOR BUD OSMUNDSON, DIRECTOR OF PUBLIC WORKS CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN WESLEY M. AND CHARLOTTE MADER AND THE CITY OF PRIOR LAKE FOR THE 2003-04 LIFT STATION REHABILITATION PROJECT, CITY PROJECT NUMBER 03-0S HISTORY On January 20, 2004, the Council approved the plans and specifications and authorized the advertisement of bids for the lift station rehabilitation project. At the February 15th Council meeting, the project was awarded to Carl Bolander and Sons. The Sycamore lift station is one of the seven that are included in the project, and requires the most extensive work. The Sycamore lift station is in the rear yard of Wesley M. and Charlotte Mader. The purpose of this agenda item is to approve an agreement between the Mader's and the City of Prior Lake for the 2003-2004 Lift Station Upgrade Project, Lift Station No.5. Mr. and Mrs. Mader reside at 3470 Sycamore Trail. This is also the location of the existing and proposed lift station NO.5. To proceed with the project as designed and awarded, we need to vacate an existing easement on the Mader's property and create a new drainage and utility easement at another location on the same property. The attached drawing shows the easements that need to be vacated and the proposed easements that are necessary to continue with the lift station project. The City Attorney, Public Works Director and Public Works Coordinator have met with the Mader's several times over the last year to describe the project and its parameters. The Mader's have been very cooperative with the process and are willing to grant the necessary easement if the accompanying agreement is also signed by the City. The City Attorney has created the attached agreement to address the Mader's concerns with the project. City staff also finds the agreement terms acceptable and requests that it be approved by the City Council. If the agreement is not approved, it will delay the project indefinitely. The project is critical and needs to be completed in a suitable timeframe. Any fiscal impacts of this agreement are already contemplated in the lift station rehabilitation project. C:\Documents and Settings\KelIyM\Local Settings\Temporary Inte~e"s~~l~~~~J?mnda 4-5-04.DOC Phone 952.447.4230 / Fax 952.447.4245 AL lERNA liVES: RECOMMENDED MOTION: ACTION REQUIRED: REVIEWED BY: The alternatives for the City Council to consider are as follows: 1. Approve a resolution authorizing the Mayor and City Manager to execute an agreement between Wesley M. and Charlotte Mader and the City of Prior Lake for the 2003-2004 Lift Station Upgrade Project, City Project Number 03- 05. 2. Table this agenda item for a specific reason. 3. Deny this agenda item and provide staff with direction. Staff recommends adoption of Alternative NO.1. A motion and a second to adopt the Resolution stated above. 2 C:\Documents and Settings\KellyM\Local Settings\Temporary Internet Files\OLKD\Mader agreement agenda 4-5-04.DOC RESOLUTION 04-XX RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN WES AND CHARLOTTE MADER AND THE CITY OF PRIOR LAKE FOR THE 2003-04 LIFT STATION REHABILITATION PROJECT, CITY PROJECT NUMBER 03-05 WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, MOTION BY: SECOND BY: City staff has identified seven lift stations requiring major rehabilitation this year, including the Franklin Trail, Sycamore, Lakers, Boudins, Shady Beach, Lime Road and Fremont lift stations and; The adopted Capital Improvement Plan for 2003-2007 has identified these rehabilitation projects as a priority for the City, and; The Sycamore lift station rehabilitation requires Wesley M. and Charlotte Mader to grant the City easements; and The project also proposes vacating certain easements, which the City Staff will initiate pursuant to the required statutory processes; and As a prerequisite to the granting of the easements required by the City, the Mader's have requested certain assurances from the City regarding how the work on the project will be undertaken and restoration of the Mader's property; and The City Attorney has drafted an agreement to address the Mader's concerns; and City staff finds the terms of the agreement acceptable. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are hereby authorized to execute the agreement between Wes and Charlotte Mader and the City of Prior Lake for the rehabilitation of Lift Station No.5, part of the 2003-2004 Lift Station Upgrade Project. Passed and adopted this 5th day of April, 2004. YES NO {Seal} Blomberg Blomberg Haugen Haugen LeMair LeMair Petersen Petersen Zieska Zieska Frank Boyles, City Manager 3 C:\Documents and Settings\KellyM\Local Settings\Temporary Internet Files\OLKD\Mader agreement agenda 4-5-04.DOC AGREEMENT THIS AGREEMENT is entered into this day of April, 2004 between Wesley M. Mader and Charlotte Mader, husband and wife ("Maders'), and the City of Prior Lake, Scott County, Minnesota ("City'), a Minnesota municipal corporation. WHEREAS, the City is constructing a public improvement project known as the 2003-2004 Lift Station Upgrade Project, City Project 03-05 ("Project'); and WHEREAS, the City needs a drainage and utility easement across, over, under and through the Maders+ property, legally described on Exhibit 1, attached hereto and incorporated herein; and WHEREAS, Exhibit 1 also includes a drawing and depiction of the location and dimension of the easements through the Maders+ property; and WHEREAS, the Maders have expressed concern to the City and sought assurances from the City with respect to certain aspects of the location and construction of the Project; and WHEREAS, this Agreement is intended to address the concerns raised by the Maders and provide written assurances regarding the concerns raised by the Maders. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the Maders and the City agree as follows: 1. The Maders will grant the City a drainage and utility easement legally described in Exhibit 2 (the "Easement') attached hereto and incorporated. The Easement is for the purpose of (1) abandoning an existing lift station, (2) constructing a new lift station, and (3) installing sanitary sewer lines. 2. The Maders represent and warrant that the title to their property includes an exclusive easement recorded in Scott County, Minnesota as Document Nos. 290086 and 296138. The granting of the Easement to the City is not intended to eliminate, conflict or impair any property right currently in the title to the property legally described in Exhibit 1 or in the aforementioned exclusive easements. 2.1 The City agrees not to enter into an easement agreement with any adjacent property owner which in any way impairs any exclusive easement contained in the title to the property legally described in Exhibit 1. 3. The Easement is for the specific and limited purpose of removing an existing lift station, constructing a new lift station and the installing of sanitary sewer lines, the location of which are depicted in Exhibit 1. The installation of the sanitary sewer will be done using the directional drilling method. Connection of the service lines may require open cut excavation. However, the City will use its best efforts to minimize disruption to the Maders+ property. 3.1 The City agrees to provide and plant trees and shrubs around the new lift station to obscure it from view, but not limit access to the lift station for inspection, maintenance or repair. 4. The City agrees that no City structure will be located above the elevation of the ground, with the exception of a control box which will be located at or near the street and on the property line between the Maders+ property and the property to the east of the Maders+ property. 5. In consideration of granting the Easement, the City agrees to disconnect the existing sewer line from the Maders+ residence and replace the existing sewer line with a new service connection. Further, the City agrees to restore any sod, trees or shrubbery that are disturbed, damaged or removed during the disconnection and connection of the old and new sewer line. 6. The City will be responsible for removing or properly abandoning the existing lift station structure and equipment, including the manhole cover. Once the existing lift station is removed, the City will secure the grade around the removed structure. This may involve the construction of a small retaining wall or some other method, which, in the professional judgment of the City Engineer, will prevent soil erosion. 6.1 During the time the Maders own the Property, the City agrees to be responsible for any damage or injury caused by the failure of the bluff that arises out of or occurs as a result of the City+s installation of a new lift station and sanitary sewer pipes. 6.2 Other Manholes - The City will be responsible for removing or properly abandoning existing manhole structures not currently used by the City. The City will secure the grade around the removed/abandoned structure and place topsoil and sod. 7. The City will replace any driveway or pavement that is used during the construction of the Project, along with any sod, trees or shrubbery which are removed or disturbed during the construction of the Project. The City will warrant the sod, trees and shrubbery for one year. 7.1 The City agrees to repair any drain tiles, underground drainage pipes or other drainage structures that are disturbed as a result of the City+s construction activities. 8. Upon completion of the Project, the City+s easement rights are limited to access to the lift station and related sewer lines for the purpose of inspection, maintenance and repair. 9. The City will be responsible for any damage caused to the land within the Easement during any time when the City uses the Easement for inspection, maintenance or repair. In the event that damage does occur when the City is using the Easement for inspection, maintenance or repair, the City will correct the damage 2 and return the property to the condition it was in before the City used the Easement. Damage includes depressions or compaction of surface soil resulting in ridges from tire marks, the removal of pavement, and the removal of or damage to any trees or shrubbery. 10. The City acknowledges that there may be easements on the Maders+ property which, after the completion of the Project contemplated herein, may no longer be needed. The City agrees to undertake the statutory process to vacate said easements. 11. This Agreement is between the Maders and the City. It does not run with the land, nor shall it be recorded against the land. Further, this Agreement is not intended to benefit any third parties. 12. This Agreement constitutes the entire agreement between the parties. This Agreement shall be governed by the laws of the State of Minnesota. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the unenforceable provision shall be struck and the remained of the Agreement shall remain enforceable. This Agreement cannot be assigned. CITY OF PRIOR LAKE HUSBAND AND WIFE By Jack Haugen, Mayor Wesley M. Mader By Frank Boyles, City Manager Charlotte Mader STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of 2004, by Jack G. Haugen and Frank Boyles, respectively the Mayor and City Manager of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC 3 STATE OF MINNESOTA ) ) 55. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 2004, by Wesley M. Mader and Charlotte Mader, husband and wife. NOTARY PUBLIC 4