26-107 - Resolution - MN Pipe Line Co - Easement

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Encroachment: One asphalt parking lot, one four -inch (4") PVC forced main sewer, and one eight -inch (8") C900 plastic water main will cross Grantor's pipeline and easement, (the "Encroachment"), as depicted and/or described in "Exhibit A", which is incorporated herein by reference, and as further detailed in Section 1 below. Contact: Grantor Contact Name: Ed Traut Telephone: (320) 232-8910 Grantee Contact Name: Community Development Director Address: 600 Town Center Parkway Lino Lakes, MN 55014-1182 Telephone: 651-982-2427 Special Provisions: 1) The parking lot must maintain a cover over Grantor's pipelines of forty-eight inches (48"). 2) The PVC forced main sewer must maintain a separation of twenty-four inches (24") or greater from Grantor's pipelines. 3) The C900 plastic water main must maintain a separation of twenty-four inches (24") or greater from Grantor's pipelines. 4) All utilities must cross Grantor's pipeline at an angle of sixty (60) to ninety (90) degrees. 5) Grantee shall not install, or permit the installation of, monuments, light poles, woody -stemmed vegetation, or similar structures or plantings within the pipeline easement. General Terms and Conditions 1. Grantee's Facilities. Grantee may construct the Encroachment, within the Grantor Easements, subject to the terms of this Agreement. Grantee shall be solely responsible for construction, maintenance, and operations of the Encroachment at no cost or expense to Grantor. 2. Grantor's Easement Rights. This Agreement is subject to the easement rights of Grantor. Grantor may place additional restrictions concerning the Encroachment, not contained in this Agreement, in order to protect its easement rights and pipeline facilities. 3. Specifications. Grantee shall supply plans, surveys, and drawings for the Encroachment upon Grantor's request. Grantee shall ensure a minimum clearance between Grantor's pipe and the Encroachment of twenty- four inches (24"), or one and a half (1.5) times the diameter of Grantor's pipe, whichever is greater. 4. Notification. Grantee shall notify, or cause its representative to notify, the appropriate state One -Call notification center as required by law, but in no event less than 48 hours prior to the commencement of excavation in or near Grantor Easements. Grantee shall provide Grantor's representative a valid One Call Ticket before beginning excavation. 5. Excavation Monitor. Grantor's representative must be onsite if any excavation activity occurs within twenty- five feet (25') of Grantor's pipe. Grantee shall hand dig when within two feet (T) of Grantor's pipe. No work shall take place without Grantor's staff being given the opportunity to be present at the specified worksite. If Grantor determines that any proposed work may potentially cause an unsafe condition or damage to Grantor's pipe, Grantor shall have the authority to immediately prevent such work from being done. 6. Construction. The Encroachment shall be constructed and maintained to comply with all applicable laws and industry standards. Grantee shall construct the Encroachment to as close to a ninety (90) degree angle as practicable unless otherwise approved by Grantor in writing. 7. Grantor's Facilities. Except to the extent prior written approval is granted by Grantor, Grantee will not remove or permit the removal of the existing cover from over Grantor's facilities or remove or permit the removal of the lateral support for Grantor's facilities. If the Encroachment crosses above Grantor's pipeline, Grantee shall install sight holes to monitor the Encroachment, as it crosses Grantor's pipeline. Grantee shall ensure that cover