HomeMy WebLinkAboutItem 06.r
Date: August 5, 2019 Item No.
DRAINTILE CONNECTION AND INDEMNIFICATION AGREEMENT
WITH PAUL ROBERT HULTMAN AND COLLEEN JEAN HULTMAN
Proposed Action
Staff recommends adoption of the following motion: Move to approve agreement with Paul
Robert Hultman and Colleen Jean Hultman for connection of private draintile system to City
storm sewer.
Overview
Paul Robert Hultman and Colleen Jean Hultman (“Hultmans”) are the owners of the property at
18703 Green Gables Trail. The Hultmans have requested to connect a private foundation
draintile system via gravity to the City’s storm sewer system. The foundation draintile system is
approximately at the same elevation as the connection point in the City’s storm sewer and the
City has concerns with the potential back up from the City storm sewer to the residence.
To alleviate the City’s concerns, the Hultmans will install a back flow preventer at the connection
point to the City storm sewer. The City is willing to allow connection of the draintile to the City
storm sewer through issuance of a draintile connection permit provided the Hultmans enter into
this agreement indemnifying and releasing the City from liability if the draintile connection
results in a back up of the City’s storm sewer into the residence.
Primary Issues to Consider
• The private draintile connection to the City’s storm sewer will be tested and inspected by
the City’s Public Works and Building Inspections Departments.
Supporting Information
• Agreement
Financial Impact: $0 Budgeted: Y☐ N☐ Source: N/A
Related Documents: N/A
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Alex Jordan, Assistant City Engineer
203017v3 1
(Reserved for Recording Data)
________________________________________________________________________
AGREEMENT
AGREEMENT made this _________ day of ________________, 2019, by and between
the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and PAUL ROBERT
HULTMAN and COLLEEN JEAN HULTMAN, Trustees of the Paul Robert Hultman and
Colleen Jean Hultman Living Trust Dated December 20, 2013, Restated April 24, 2019
(“Owner”).
RECITALS
A. Owner is the fee owner of Lot 2, Block 10, Avonlea, Dakota County, Minnesota,
according to the recorded plat thereof, with a street address of 18703 Green Gables Trail, Lakeville,
MN 55044 ("Property").
B. Owner has requested to connect a private foundation draintile system via gravity to
the City’s storm sewer system within the City right of way. The draintile system would be
approximately the same elevation as the City’s storm sewer network that it would drain to.
C. Owner proposes to install a back flow preventer at the connection point (within the
City storm sewer manhole).
D. The City is willing to accept the back flow preventer and allow the connection of the
draintile to the City’s storm sewer system through issuance of a City Draintile Connection Permit
provided the connection is inspected by City staff and Owner enter into this Agreement
indemnifying and releasing the City from liability if the draintile connection results in a backup of
the City storm sewer into the Owner’s residence on the Property.
203017v3 2
NOW, THEREFORE, in consideration of their mutual covenants the parties agree as
follows:
1. ACKNOWLEDGEMENT. The Owner acknowledges that the City is allowing
Owner to connect a private foundation draintile system via gravity to the City’s storm sewer system
with a back flow preventer at the connection point, at their sole request, conditioned upon obtaining
a Draintile Connection Building Permit, City inspection of the connection and the terms of this
Agreement.
2. HOLD HARMLESS AND INDEMNITY. Owner, its successors and assigns,
shall indemnify and save harmless the City, its elected officials, employees, and agents, against and
from all liabilities, obligations, damages, penalties, claims, costs, orders, charges, and expenses,
including reasonable attorney's fees, which may be imposed upon or incurred by or asserted against
the City, directly or indirectly, by reason of the connection of the private draintile system on the
Property to the City storm sewer system and installation of a back flow preventer, including any
back up of the City storm sewer into the private residence on the Property as a result of the
connection.
3. MAINTENANCE. The Owner and any future Owner of the Property shall be
responsible for the maintenance, repair and replacement of the back flow preventer, and all
associated costs.
4. RECORDING. This Agreement shall run with the land and shall be recorded
against the title to the Property.
5. BINDING AFFECT. This Agreement is binding upon the parties, their successors,
heirs, and assigns.
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[Signature pages to follow]
203017v3 3
CITY OF LAKEVILLE
(SEAL) BY: ____________________________
Douglas P. Anderson, Mayor
AND ____________________________
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _______ day of
__________________, 2019, by Douglas P. Anderson and by Charlene Friedges, the Mayor and
City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the municipal
corporation and pursuant to the authority granted by its City Council.
_____________________________________
NOTARY PUBLIC
DRAFTED BY:
Campbell Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
203017v3 4
THE PAUL ROBERT HULTMAN
AND COLLEEN JEAN HULTMAN
LIVING TRUST DATED
DECEMBER 20, 2013 RESTATED
APRIL 24, 2019
BY: ___________________________________
Paul Robert Hultman, Trustee
BY: ___________________________________
Colleen Jean Hultman, Trustee
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2019, by Paul Robert Hultman as Trustee of the Paul Robert Hultman and
Colleen Jean Hultman Living Trust Dated December 20, 2013 Restated April 24, 2019 on behalf
of the trust.
________________________________________
NOTARY PUBLIC
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2019, by Colleen Jean Hultman as Trustee of the Paul Robert Hultman and
Colleen Jean Hultman Living Trust Dated December 20, 2013 Restated April 24, 2019 on behalf
of the trust.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: 651-452-5000
AMP/smt