03/22/1999 Council Packet - Laserfiche WebLink

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WHEREAS, City desires to construct utilities within a subdivision known as Behm's Century Farms, (hereinafter referred to as the "Encroachments ") as set forth on that set of plan drawings designated as the Behm's Century Farms Grading Plan 4th, 5th & 6th Additions to the City of Lino Lakes, Minnesota, a copy of which Williams and City have in their possession; and WHEREAS Williams and City agree that the construction and existence of the Encroachments in the manner indicated on the Plan Drawings: (a) conflicts with the terms and conditions recited in the Easements and (b) interferes with and obstructs Williams' rights, obligations and abilities as set forth in the Easements; and WHEREAS, City desires to obtain Williams' consent to the construction and existence of the Encroachments across and in close proximity to the Pipeline as indicated on the Grading Plan Drawings under the terms and conditions hereinafter stated. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, Williams hereby consents to the construction of the Encroachments upon Williams' easement under the following described terms and conditions: 1. The Encroachments shall be limited to utility lines over, under and within the lands affected by the Easement at the locations specifically described on the Plan Drawings. 2. City agrees to abide by all construction restrictions, conditions and specifications listed below: (a) Within Behm's Century Farms subdivision and various road rights - of -way and following construction of the Encroachments, City shall maintain over the Pipelines, as a minimum, the ground elevations as indicated on the Grading Plan Drawings. City shall be responsible to bear all costs for erosion control to maintain the above - described minimum ground elevations. (b) Exclusive of Saturday, Sunday and legal holidays, City shall notify Williams a minimum of 48 hours in advance of any construction activities related to the Encroachments so that Williams may arrange to have its Line Supervisor present during construction. Williams' Line Supervisor or representative shall be on site during all construction activities related to the Encroachments over or within ten feet (10') of the Pipeline to confirm that no damage occurs to the Pipeline, cathodic protection or pipe coating. Written notification to Williams shall be provided at: Williams Pipe Line Company, Attn: Line Supervisor, 2451 West County Road C, St. Paul, MN 55113; Phone (612)633 -9339, Fax: (612)633 -8217, Mobile (612)750 -0507 or such other representative of Williams which Williams may from time to time designate. City shall require the following language to be conspicuously displayed on all pages of any construction prints that include Williams facilities: C: \data \13- 696EN2.DOC Page 2 of 6 Tracts 8599 84 8600