03/22/1999 Council Packet - Laserfiche WebLink

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LAW OFFICES OF William G. Hawkins and Associates Legal Assistant WILLIAM G. HAWKINS TAMMI J. UVEGES BARRY A. SULLIVAN March 15, 1999 Mr. John M. Powell City Engineer Lino Lakes City Hall 1189 Main Street Lino Lakes, MN 55014 Re: Williams Pipe Line Encroachment Agreement Dear John: 2140 FOURTH AVENUE NORTH ANOKA, MINNESOTA 55303 PHONE (612) 427 -8877 FAX (612) 421 -4213 have reviewed your letter of March 8, 1999 and the proposed Williams encroachment agreement. Normally, when another public utility is located within city street right -of -way, this type of agreement would not be appropriate. However, in this situation, part of the area that the City intends to construct sewer pipes lies outside of dedicated right-of- way and furthermore the pipe line easement was granted before the dedication of the streets in the plat so Williams has the right to demand such agreement. Your questions are as follows: 1. Is Williams within their rights to require the City to execute such a document? Yes, based upon the discussion above. 2. Should the developer, Mr. Uhde, be executing a similar document? If Mr. Uhde is going to be performing work as a part of his subdivision such as grading and anything that may cause interference with the pipe line, he should be executing such a document. That would be something that Williams Pipe Line, however, would have to negotiate with Mr. Uhde. 3. If this agreement is justified, does the City need to address pipe lines contained in areas platted as City right -of -way? This depends on whether or not the pipe line easement was granted prior to the right -of -way being dedicated in the plat. 4. I have reviewed the attached agreement and would make two comments. Paragraph 4 seems to have something left out in the first several lines and I believe it should be revised by the pipe line company. Paragraph 6 should be