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HomeMy WebLinkAboutItem 06.j Date: July 20, 2020 Item No. ESTABLISHING PUBLIC UTILITY EASEMENTS FOR 175TH STREET IMPROVEMENTS Proposed Action Staff recommends adoption of the following motion: Move to approve a Utility Easement Agreement establishing public utility easements for 175th Street Improvements with the 2020 Street Reconstruction Project, City Project 20-02. Overview The 2020 Street Reconstruction Project includes the reconstruction and widening of 175th Street adjacent to the south side of Orchard Lake. The project includes proposed improvements designed to enhance drainage, maintenance and safety by expanding the roadway, providing a wider clear zone, upgrading the drainage system and stabilizing the slope adjacent to Orchard Lake. The project will result in relocation of existing private utilities adjacent to 175th Street. To facilitate the relocation of the utilities outside the project limits and achieve efficiencies in construction operations and schedule, City staff recommends allowing the private utilities to relocate into Lot 2, Block 6, Lyndale Lakes Club 2nd Addition (City owned property located adjacent to 175th Street). A permanent public utility easement must be established over the property to allow for the relocation. Primary Issues to Consider • The easements will not impact the City’s future use of the property. Supporting Information • Utility Easement Agreement Financial Impact: $0 Budgeted: Y☒ N☐ Source: N/A Related Documents: Right-of-Way Management Ordinance Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Alex Jordan, Assistant City Engineer -1- 210910v1 (Reserved for Recording Data) ________________________________________________________________________ UTILITY EASEMENT AGREEMENT THIS UTILITY EASEMENT AGREEMENT (“Agreement”) made this _______ day of _____________, 2020, by and between CITY OF LAKEVILLE, a Minnesota municipal corporation, ("Grantor"), and CITIZENS TELECOMMUNICATIONS COMPANY OF MINNESOTA, LLC, a Minnesota limited liability company, ("Grantee"). RECITALS WHEREAS, the Grantor is the owner of real property legally described as Lot 2, Block 6, Lyndale Lakes Club 2nd Addition, Dakota County, Minnesota, according to the recorded plat thereof (“Property”); WHEREAS, Grantee has requested an easement over a portion of the Property to install utilities for communication purposes; WHEREAS, Grantor is willing to grant an easement to Grantee subject to the terms of this Utility Easement Agreement; NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, Grantor and the Grantee agree as follows: 1. Grant of Easement. The Grantor does hereby grant and convey to the Grantee, its successors and assigns, a non-exclusive easement to construct, operate, repair and maintain all facilities and equipment used for the transportation, distribution, manufacture and sale of fiber communications ("Utility Facilities") for public and private use over, across, on, under, and -2- 210910v1 through land situated within the County of Dakota, State of Minnesota, as legally described and depicted on the attached Exhibit "A" ("Easement Premises"). This grant of easement includes the rights of the Grantee, its contractors, agents, servants, and assigns, to enter upon the easement premises at all reasonable times to construct, reconstruct, inspect, repair, maintain, operate, replace, and remove said facilities and equipment over, across, on, under, and through the Easement Premises. 2. Location of Utility Facilities. Utility Facilities shall be located and constructed so as not to interfere with the safety and convenience of ordinary travel along and over public ways and so as not to disrupt normal operation of any facilities used for providing sewer, water, or any other public utility service owned or operated by the City or agency thereof ("City Utility System"). Grantee's construction, operation, repair, maintenance and location of such facilities shall be subject to other ordinances or regulations of the City. 3. Grantee Protection of Utility Facilities. Grantee shall take reasonable measures to prevent the Grantee's Utility Facilities from causing damage to persons or property. Grantee shall take reasonable measures to protect the Utility Facilities from damage that could be inflicted on the facilities by persons, property, or the elements. Grantee shall take protective measures when the City performs work near the Utility Facilities, if given reasonable notice by the City of such work prior to its commencement. 4. Restoration. Upon completion of any work requiring the opening of the Easement Premises, Grantee shall, in all cases, place the Easement Premises in, on, under or across which the same are located in as good condition as they were prior to said operation. Grantee shall also maintain the same in good condition for two (2) years thereafter. The work shall be completed as promptly as weather permits, and if Grantee shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Easement Premises in the said condition, the City shall have, after demand to Grantee to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration at the expense of Grantee. Grantee shall pay to the City the cost of such work done for or performed by the City, including its administrative expense and overhead. This remedy shall be in addition to any other remedy available to the City. 5. Permission for Excavation. Grantee shall not open or disturb the surface of the Easement Premises for any purpose without first having obtained permission from the City, for which the City may impose a reasonable fee. Permit conditions imposed on Grantee shall not be more burdensome than those imposed on other utilities for similar facilities or work. Grantee may, however, open and disturb the Easement Premises without permission from the City where an emergency exists requiring the immediate repair of Utility Facilities. In such event Grantee shall notify the City by telephone to the office designated by the City before opening or disturbing the Easement Premises. On the next working day thereafter, Grantee shall obtain any required permits and pay any required fees. -3- 210910v1 6. Public Projects. Whenever the City determines to vacate or convey its interest in the Easement Premises, or to grade or regrade the Easement Premises, or construct or reconstruct any City Utility System therein and shall, in the proper exercise of its police power, and with due regard to seasonable working conditions, when necessary, and after approval of its final plans have been obtained, order the Grantee to relocate permanently its Utility Facilities located in the Easement Premises. Grantee shall relocate its facilities at its own expense and the City is not liable to Grantee for failure to specifically preserve an easement. The City shall give Grantee reasonable notice of its plans to vacate or convey its interest in the Easement Premises, or to grade or regrade the Easement Premises or to construct or reconstruct any City Utility System. 7. Other Projects. Grantee, at the request of the City, shall relocate, remove, replace or reconnect at its own expense its facilities where such relocation, removal, replacement or reconnection is necessitated by any other project authorized by the City in the Easement Premises, in the City Utility System, or any other public improvement, regardless of whether the project is temporary or permanent. 8. Indemnification. Grantee shall indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all liability on account of injury or death of persons or damage to or depreciation in value of property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of Grantee's property located in, on, over, under, or across the Easement Premises. The City shall not be indemnified for losses or claims occasioned through it own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, the Grantee's plans or work. 9. Grantee to Defend Claims. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Grantee at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Grantee within a period wherein Grantee is not prejudiced by lack of such notice. If Grantee is required to indemnify and defend, it will thereafter have control of such litigation, but Grantee may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Grantee, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. 10. Insurance. Grantee shall, at all times during the term of this Agreement maintain comprehensive general liability insurance coverage of the Easement Premises in amounts equivalent, at a minimum, to the municipal liability limits in effect at any given time under Minnesota State Law. 11. Compliance with Applicable Laws. Grantee shall at all times comply with all applicable laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now or hereafter promulgated or enacted. At no time shall the installation, operation, or maintenance -4- 210910v1 of the system endanger or interfere with the safety of persons or property in the City. 12. Covenants Run with the Land. This Agreement shall be recorded among the land records of Dakota County, Minnesota, and shall constitute a covenant running with the land, and shall be binding on the Grantor and its successors and assigns. 13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original but all of which together shall constitute a single Agreement. IN TESTIMONY WHEREOF, the Grantor and Grantee hereto has signed this Agreement the day and year first above written. [The remainder of the page is intentionally left blank. Signature pages to follow.] -5- 210910v1 GRANTOR: CITY OF LAKEVILLE 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 __________________, 2020, by Douglas P. Anderson and by Charlene Friedges, respectfully the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ___________________________________ NOTARY PUBLIC -6- 210910v1 GRANTEE: CITIZENS TELECOMMUNICATIONS COMPANY OF MINNESOTA, LLC By:___________________________________ Printed Name:__________________________ Its:___________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ________ day of __________________, 2020, by _______________________________________, the __________________________ of Citizens Telecommunications Company of Minnesota, LLC a Minnesota limited liability company, on behalf of the limited liability company. ___________________________________ NOTARY PUBLIC THIS INSTRUMENT WAS 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 EXHIBIT ‘A’ A non-exclusive easement for communications purposes described as: A strip of land six (6) feet in width running Seventeen (17) feet South of the Northwest Corner of Lot Two (2), Block Six (6), Lyndale Lakes Club 2nd Addition; thence East to a point lying Seventeen (17) feet South of the Northeast Corner of said Lot 2 and as described and depicted below. Grantor’s property being Lot 2, Block 6, Lyndale Lakes Club 2nd Addition, City of Lakeville, Dakota County, State of Minnesota