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HomeMy WebLinkAbout5H-Lift Station16200 Eagle Creek Avenue S.E. Prior Lake, MN 5_~_~I~jNC!L A_GF_.NDA I~lq'.PORT DATE: AGENDA #: PREPARED BY: REVIEWED BY: AGENDA ITEM: OCTOBER 4, 2004 5H MAKENZIE MCCORMICK, PUBLIC WORKS COORDINATOR BUD OSMUNDSON, DIRECTOR OF PUBLIC WORKS CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENTS BETWEEN WESLEY M. AND CHARLOTTE MADER, AND JOHN AND CAMILLE MYSER WITH THE CITY OF PRIOR LAKE FOR THE 2003-04 LIFT STATION REHABILITATION PROJECT, CITY PROJECT NUMBER 03-05 DISCUSSION: HIS TORY 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 separate agreements between the Mader's and the City of Prior Lake and the Myser's and the City for the 2003-2004 Lift Station Upgrade Project, Lift Station No. 5. ISSUES: Mader Agreement 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. 1 C:XDocuments and SettingsLKellyMkLocal Settings\Temporary Inte~~/t~llll'~lttffli~ik~r~lnents agenda 10-4-04.DOC Phone 952.447.4230 / Fax 952.447.4245 Myser Agreement Mr. and Mrs. Myser reside at 3454 Sycamore Trail. To proceed with the project as designed and awarded, we do not need an easement from the Myser's, but do require a right of entry signed by the property owners. During the construction the contractor and his equipment will need to have access through the Myser's property to complete the planned lift station upgrades. The City Attomey, Public Works Director and Public Works Coordinator have met with the Myser's several times over the last year to describe the project and its parameters. The Myser's have been very cooperative with the process and are willing to grant the necessary fight of entry which includes verbiage about a large Sugar Maple located on their property. The Myser's, city staff and the contractor are taking extraordinary measures to protect the existing tree. However, if the tree should die within two years as a result of construction activities, the Myser's would be compensated accordingly. The city attorney and staff find the agreement terms acceptable and requests that it be approved by the City Council. CONCLUSION: If the agreements are not approved, it will delay the project indefinitely. This project is part of the lift station rehabilitation project and needs to be completed in a suitable timeframe. The proposed construction is to start the week of October 1 lth, 2004. FINANCIAL IMPACT: There is no compensation to the property owners for the execution of these agreements. There could be a cost of $10,600 if the Sugar Maple should die as described in the agreement with the Myser's. There are also fiscal impacts of this agreement which include retaining walls and restoration costs that are already contemplated in the lift station rehabilitation project. ALTERNATIVES: RECOMMENDED The alternatives for the City Council to consider are as follows: 1. Approve a resolution authorizing the Mayor and City Manager to execute agreements between Wesley M. and Charlotte Mader, and John and Camille Myser with 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. MOTION: Staff recommends adop~n of Alternative No. 1. REVIEwEDACTION REQUIRED:By: A ~7o adopt the Resolution stated above. Frank B~71tY fflanager, 2 C:~Documents and SettingsLKellyMXLocal Settings\Temporary Internet Files\OLK1FAXMader-Myser agreements agenda 10-4-04.DOC RESOLUTION 04-XX RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN WES AND CHARLOTTE MADER, AND JOHN AND CAMILLE MYSER WITH THE CITY OF PRIOR LAKE FOR THE 2003-04 LIFT STATION REHABILITATION PROJECT, CITY PROJECT NUMBER 03-05 MOTION BY: SECOND BY: WHEREAS, 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; WHEREAS, The adopted Capital Improvement Plan for 2003-2007 has identified these rehabilitation projects as a priority for the City, and; WHEREAS, The Sycamore lift station rehabilitation requires Wesley M. and Charlotte Mader to grant the City easements; and WHEREAS, The Sycamore lift station rehabilitation also requires John and Camille Myser to grant the City a fight of entry; and WHEREAS, The project also proposes vacating certain easements, which the City Staff will initiate pursuant to the required statutory processes; and WHEREAS, As a prerequisite to the granting of the easements required by the City, the Mader's and Myser's have requested certain assurances from the City regarding how the work on the project will be undertaken and restoration of the Mader's and Myser's property; and WHEREAS, The City Attorney has drafted an agreement to address the Mader's concerns; and WHEREAS, City staff finds the terms of the agreements 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. 3 C:kDocuments and Settings~ellyM~ocal Settings\Temporary Intemet Files\OLK 1FAXMader-Myser agreements agenda 10-4-04.DOC 3. The Mayor and City Manager are hereby authorized to execute the ROE agreement between John and Camille Myser 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 Blomberg Blomberg Haugen Haugen LeMair LeMair Petersen Petersen Zieska Zieska {Seal} Frank Boyles, City Manager 4 CSDocuments and SettingsLKellyM~Local Settings\Temporary Interact Files\OLKlFAXMader-Myser agreements agenda 10-4-04.DOC 0CT-01-2004 16:17 CITY OF PRIOR LAKE MAINT P.02/02 REF POINT ,, UTILITY & DRAINAGE EASEMENT FOR CITY OF PRIOR LAKE PARCEL 1,2 & 3 TOTAL P.02 AGREEMENT THIS AGREEMENT is entered into this day of October, 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 existing service lines (2) rehabilitating the existing lift station, and (3) installing sanitary sewer lines. The Maders will grant the City a right of entry for construction activities associated with (1) abandoning existing service lines (2) rehabilitating the existing lift station, and (3) installing sanitary sewer lines. This right of entry will expire upon completion of the previously described construction activities, but not later than six (6) months after the date of this agreement. 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 abandoning existing service lines, rehabilitating the existing 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 rehabilitating the existing lift station structure and equipment. The City will secure the grade around the existing 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, steps 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 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, steps 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 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 STATE OF MINNESOTA 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 [RESERVED FOR RECORDING DATA] EASEMENT AGREEMENT THIS AGREEMENT made this ~ day of ., 2004, by and between Wesley Mader and Charlotte Mader, husband and wife, hereinafter referred to as "Grantors", and the CITY OF PRIOR LAKE, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as "City". WITNESSETH: PERMANENT EASEMENT The Grantors, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, do hereby grant and convey to the CITY OF PRIOR LAKE, its successors and assigns, forever, a permanent easement for public utility purposes over, across, under, and through land situated within the County of Scott, State of Minnesota, as described on the attached Exhibit A, and further RIGHT OF USAGE OF PERMANENT EASEMENT The Grantors, in consideration of the additional sum of One Dollar ($1.00) and other good and valuable consideration to them in hand paid by the City, the receipt and sufficiency of DN:217047 1 which is hereby acknowledged, do hereby grant and convey to the CITY OF PRIOR LAKE, its successors and assigns, forever, a right of usage for public utility purposes over, across, under and through a portion of said Grantors' permanent easement situated in Scott County, Minnesota, as described on the attached Exhibit A, provided, however, that said City's usage of that portion of the aforementioned permanent easement owned by said Grantors as described in Exhibit A shall not deprive in any way whatsoever the full usage and enjoyment of said entire permanent easement by said Grantors. Said aforementioned grants to the City shall include the rights of the City, its contractors, agents, servants, and assigns, to enter upon both easement premises at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public utility system over, across, under, and through both permanent easement premises, together with the right to grade, level, fill, drain, pave, and excavate both easement premises, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public utility system, provided that any public utility system improvements to be done within the easement premises described hereinabove shall be limited strictly to those improvements, and only those improvements, identified in the City's Sycamore Lift Station Construction Project, City Project Number 03-05, and provided further that should the City ever exercise its right to enter upon both easement premises as hereinabove provided for, it agrees that by acceptance of the grants of easement and right of usage of easement hereby given that it will restore both easement premises to the physical condition both easement premises were in immediately prior to when the City entered upon either or both easement premises to construct, repair, and/or maintain the aforementioned public improvements done by the City thereon. DN:217047 The above-named Grantors, for themselves, their successors, heirs, and assigns do covenant with the City, its successors and assigns, that they are well seized in fee title of both of the above described permanent easement premises and that they have the right to grant and convey said easements to the City. IN TESTIMONY WHEREOF, the parties hereto have signed this Agreement the day and year first above written. GRANTORS: Wesley Mader Charlotte Mader STATE OF MINNESOTA COUNTY OF SCOTT The foregoing instrument was acknowledged before me this 2004, by Wesley Mader and Charlotte Mader, husband and wife. day of Notary Public DN:217047 3 PID: 25-098-0050 Project No.: 03-05 RIGHT OF ENTRY / WAIVER OF TRESPASS THE UNDERSIGNED, the owner of certain land in the City of Prior Lake, Minnesota, who is the owner and the person(s) with the right to grant entry to the Subject Property (as hereafter defined), does hereby consent and grant unto the CITY OF PRIOR LAKE, Minnesota ("City"), its contractors, agents and assigns, the irrevocable right to enter upon the Subject Property and to commence construction and all activities related thereto, for the purposes of constructing proposed lift station and abandoning existing equipment (City Project No. 03-05) as generally described on Exhibit A attached hereto and appurtenant work over, under, on, and across the Subject Property as depicted on the plans for the above referenced improvement project as described on Exhibit A and in connection with the real property ("Subject Property")legally described as follows: LEGAL DESCRIPTION, Part of Tract A, RLS #94 City of Prior Lake Scoff County, Minnesota. The primary purpose for which the City is entering into this Right of Entry/Waiver of Trespass is to allow access to construct a public lift station and appurtenant work on the Subject Property. The disturbed yard area will be restored with topsoil and sod. By accepting this Right of Entry/Waiver of Trespass, the City acknowledges that it is entering upon the Subject Property at its own risk and agrees it will hold the undersigned harmless from any claim resulting from the City's activities described herein. It is further understood that this Waiver does not constitute a waiver on behalf of the owner or persons of interest in the Subject Property to any claim for damages for the removal of trees, brush, crops, or for the acquisition of permanent easements over the above described property by the City, its agents and assigns. The City shall take extraordinary measures, as identified on the attached construction plan sheet to protect the Sugar Maple on Grantors' property. The construction plan drawing indicates the location of the construction fencing which will be installed prior to the commencement of work on the public utility system. If the Sugar Maple dies (determined by a certified arborist) as a result of the construction activities for this project within two (2) years of completion, the City will be responsible for reimbursing the Myser's $10,600.00 for the loss of the tree and the removal of dead tree. The undersigned waives all claims against the City, its contractors, agents and their respective successors and assigns, for any damage to the Subject Property caused by the construction described on Exhibit A, except as reserved above. This Right of Entry/Waiver of Trespass expires upon completion of City Project No. 03- 05, but in any case no later than July 1, 2005. Dated this day of PROPERTY OWNER(S): John Myser Camille Myser