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aft-1111% TISSO(IfATLS Memo TO: Honorable Mayor & City Council Members FROM: Lee Elfering, City Engineer DATE: August 8, 2012 RE: Easement Conflict As Council is aware the City and Met Council are in the process of turning back sections of the old regional Met Council sanitary sewer system to the City that no longer serve a regional purpose. As part of the turn back agreement the City is completing projects to restore /improve the condition of these sanitary sewer lines prior to the turn back at Met Council's cost. One of the segments being improved runs from just west of Noel Drive through Gervais Mill Park, across Edgerton Street and through some private property within a utility easement to the sanitary sewer line along Keller Parkway. This line is currently a 48- inch concrete pipe and as mentioned above no longer conveys any regional flows. The 48 -inch concrete pipe is greatly oversized for the small amount of flow it receives from Little Canada properties and the City does not have equipment to clean that large of a pipe, therefore the proposed improvement would involve installing a 12 -inch PVC sanitary sewer pipe inside the 48 -inch concrete pipe. The installation of the 12 -inch pipe can be done from the existing manhole locations where the current pipe runs relatively straight between the existing manholes, however there is a section of the pipe in the easement area between Edgerton Street and Keller Parkway where the pipe makes a sweeping 90 degree curve. To further complicate matters a private backyard building was constructed over the easement area in this location. The 12 -inch line cannot be installed with a curve between manholes for cleaning purposes and therefore two options exist. 1. Construct the new manholes and pipe within the existing easements. This would require that the existing backyard building be removed along with some boulder and concrete retaining walls. Based on discussions with the City attorney the City would not be responsible for compensating the property owner for the loss of the improvements because they are within an existing easement. 2. Obtain a new easement to allow rerouting of the sanitary sewer through another portion of the backyard allowing the improvements on the existing easement to remain intact. It would be our recommendation if this option is chosen that the City vacate the old easement area once the new easement area is obtained and the project is completed. Due to the extent of the landscaping in the backyard area some landscaping features would need to be removed along the new pipe route, but the extent is far less. 10062 Flanders Court NE — Blaine, MN 55449 — Ph: (763) 780 -0450 Fax (763) 780 -0452 Memo - 080812 -CC (Easement Conflict) inua haam