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HomeMy WebLinkAbout26-107 - Resolution - MN Pipe Line Co - EasementCITY OF LINO LAKES RESOLUTION NO. 26-107 APPROVING EASEMENT ENCROACHMENT AGREEMENT WHEREAS, the Minnesota Pipe Line Company, LLC (the "Grantor") owns a pipeline easement (the "easement") that crosses the City's Public Works property located at 1189 Main Street , and WHEREAS, parking lot and utility service improvements, being constructed as part of the new municipal public works building, are proposed to encroach upon said easement, and WHEREAS, Grantor has agreed to allow encroachment onto the easement subject to certain terms and conditions included in the Encroachment Agreement, attached hereto as Exhibit A; NOW, THEREFORE BE IT RESOLVED by the City Council of Lino Lakes, Minnesota that the City hereby approves the Encroachment Agreement and the Mayor and City Clerk are hereby authorized to execute the agreement on behalf of the City subject to final review by the City Attorney. Adopted by the City Council of the City of Lino Lakes this 8th day of June, 2026. L-!Z�. ob afferty, Mayor ATTEST: Roberta Colotti, CMC, City Clerk Exhibit A Encroachment Agreement (ABOVE SPACE FOR RECORDER'S USE) DRAFTED BY AND RECORDING REQUESTED BY: MINNESOTA PIPE LINE COMPANY, LLC 3120 117th St. East Inver Grove Heights, MN 55077 FOLLOWING RECORDING, RETURN TO: FLINT HILLS RESOURCES, LC SAME ADDRESS AS ABOVE ATTENTION: ROW GROUP STATE OF 1VHNNESOTA ) ) SS: COUNTY OF WASHINGTON ) ENCROACHMENT AGREEMENT This Encroachment Agreement (the "Agreement") is made and entered into on this 4th day of June, 2026 (the "Effective Date"), by and between Minnesota Pipe Line Company, LLC, a Delaware limited liability company ("Grantor") and The City of Lino Lakes, Minnesota, a Minnesota municipal corporation ("Grantee"). WHEREAS, Grantor has agreed to permit Grantee to encroach upon the pipeline easement, more particularly described below, with the Encroachment described below, subject to the terms and conditions of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: Grantor consents to Grantee encroachment as detailed below: Property Location: Parcel A: The Southeast Quarter of the Southeast Quarter (SE 1/4 of SE 1/4) of Section 4, Township 31, Range 22, Anoka County, Minnesota. EXCEPT the West 10 acres thereof. EXCEPT the East 233 feet of the South 468 feet of Section 4, Township 31, Range 22, Anoka County, Minnesota. EXCEPT Parcel 60 of Anoka County Highway Right -of -Way Plat No. 25. Abstract Property, ("Grantor Easement"). 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 over Grantor's pipeline is maintained at its current depth. Grantee shall not place heavy equipment on or over Grantor's pipeline if less than five feet (5') of cover exists, unless otherwise approved by Grantor. If Grantee uses heavy equipment, Grantee must obtain Grantor's engineer's approval of the weight/load bearing prior to crossing Grantor's pipeline. Corrosion Control Device. Grantee shall ensure that any corrosion control device or system utilized in connection with, or any condition, created as a result of, the Encroachment will be compatible with any device or system utilized by Grantor to control corrosion on its facilities. If Grantee's control device or system is not compatible with Grantor's device or system, Grantor may require Grantee to discontinue use of Grantee's device or system, make such modifications to its device or system, or correct any condition created to Grantor's facilities, as a result of the Encroachment, at Grantee's cost and risk to ensure the compatibility of the Encroachment with Grantor's device or system. 9. Termination. Grantor may terminate this Agreement (1) in the event of Grantee's failure to comply with any provision of this Agreement, or (2) if Grantor determines that the Encroachment prevents Grantor from enjoying its easement rights, such termination effective upon providing written notice to Grantee. If this Agreement is terminated, Grantee shall promptly relocate and/or remove the Encroachment at no expense or risk to Grantor. 10. Term and Restoration. Grantee shall complete construction of the Encroachment within one year of the date of this Agreement. If construction of the Encroachment is not complete within one year, the entire Agreement shall automatically terminate. If this Agreement is terminated and the Easement Area has been disturbed by Grantee, Grantee shall restore the Easement Area to its pre-existing condition at no cost or expense to Grantor. This restoration requirement survives the termination or expiration of this Agreement. 11. Grantor Facilities Maintenance. Grantee agrees that Grantor may remove, at Grantee's expense, any Encroachment or portion thereof if, in Grantor's judgment, it is reasonably necessary to do so in order to construct, alter, maintain, repair, or replace Grantor's facilities located within the Easement Area, or in order to construct or install new facilities. 12. Indemnification. To the fullest extent permitted by law, Grantee agrees to release, defend, indemnify, and hold harmless Grantor, its respective parent companies, partners, subsidiaries and any other related or affiliated entity, and their respective officers, agents, directors, employees, and shareholders (collectively the "Indemnified Parties") against all claims, liabilities, damages, demands, lawsuits, causes of action, strict liability claims, penalties, fines, administrative law actions and orders, environmental claims, remediation costs, cleanup costs, restoration costs, expenses (including, but not limited to, attorneys' fees and other costs of defense) and costs of every kind and character (collectively "Claims/Liabilities"), arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the Encroachment regardless of whether such harm is to Grantee, the Indemnified Parties or any other person or entity. THE DUTY TO RELEASE, DEFEND, INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS SHALL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS/LIABILITIES THAT RESULT FROM THE COMPARATIVE, CONCURRENT OR CONTRIBUTING NEGLIGENCE OF ANY PERSON OR ENTITY INCLUDING, BUT NOT LIMITED TO, THE INDEMNIFIED PARTIES, EXCEPT GRANTEE SHALL NOT BE LIABLE UNDER THIS SECTION FOR CLAIMS/LIABILITIES RESULTING FROM THE SOLE NEGLIGENCE OF THE INDEMNIFIED PARTIES. Grantee shall select legal counsel acceptable to Grantor to defend any Claim/Liability, and Grantor shall have the right to participate in the defense at Grantee's expense. No settlement of any Claim/Liability shall be made without Grantor's prior written consent. Grantee's duties under this section shall survive the termination, revocation, or expiration of this Agreement. 13. Insurance. Grantee is a municipal corporation and shall maintain, at its sole cost and expense, such insurance coverages as are usual and customary for similarly situated public entities in the State of Minnesota in connection with the construction, operation, and maintenance of public infrastructure of the type contemplated by this Agreement. To the extent Grantee maintains commercial insurance applicable to the Encroachment, Grantee shall use commercially reasonable efforts to name Grantor as an additional insured, as available and permitted under such policies and applicable law. Grantee shall provide reasonable evidence of such insurance upon Grantor's written request. 14. Liability for Damage. Grantee accepts frill liability for any damage to Grantor's facilities from the placement, operation, and/or maintenance of the Encroachment. 15. Special Provisions. In addition, Grantee shall perform any requirements set forth in the Special Provisions section above. To the extent that any of the requirements set forth in the Special Provisions section conflict with or are more stringent than the requirements set forth in this Agreement, the requirements set forth in Special Provisions shall control. 16. Remedies. The violation of any of the terms and conditions of this Agreement would be irreparable and immediately harmful to Grantor and Grantor is entitled to enforce the terms and conditions of this Agreement through injunctive proceedings, specific performance, or other equitable relief in addition to such other remedies as may be available. 17. Governing Law. THIS AGREEMENT AND ALL RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE WHERE THE ENCROACHMENT IS LOCATED, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF ANY OTHER LAW. 18. Entirety. This Agreement between the parties comprises the entire agreement between the parties with respect to the subject matter hereof, and there are no agreements, understandings, requirements, warranties, or representations, oral or written, expressed or implied, that are not merged herein or superseded hereby. 19. Counterparts. This Agreement may be executed in counterparts, each of which shall be considered an original instrument for all purposes but which together shall constitute on and the same instrument. 20. Assignment. Grantee shall not assign, transfer, convey, or encumber this Agreement or any rights or obligations hereunder, in whole or in part, without the prior written consent of Grantor, which consent may be withheld in Grantor's sole and absolute discretion. Any attempted assignment without such consent shall be null and void and shall constitute a material breach of this Agreement. No assignment shall relieve Grantee of any of its obligations hereunder. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. 21. Representations and Warranties. Grantee represents and warrants to Grantor that: (a) Grantee has the full power and authority to enter into this Agreement and perform all of its obligations hereunder; (b) the execution and performance of this Agreement does not and will not violate any law, regulation, court order, or agreement to which Grantee is bound; (c) Grantee has obtained all licenses, permits, and approvals required for the construction, operation, and maintenance of the Encroachment; and (d) Grantee is financially capable of performing its obligations under this Agreement, including the indemnification and insurance obligations set forth herein. These representations and warranties shall survive the termination or expiration of this Agreement. 22. Inspection Rights. Grantor and its authorized representatives shall have the right, at any time and from time to time, with or without notice to Grantee, to enter upon and inspect the Encroachment, the Easement Area, and any records relating to the construction, operation, or maintenance of the Encroachment. Grantee shall cooperate fully with any such inspection and shall provide Grantor with copies of any requested documents within five (5) business days of Grantor's request. 23. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the Effective Date. GRANTOR: Minnesota Pipe Line Company, LLC By: Henri St. Arnault, President STATE OF ) SS: COUNTY OF ) This instrument was acknowledged before me on this day of , 2026, by Henri St. Arnault, the President of Minnesota Pipe Line Company, a Delaware limited liability company on behalf of said limited liability company. My Commission Expires: Notary Public (Intentionally Left Blank) GRANTEE: The City of Lino Lakes, Minnesota BY: Name: Rob Rafferty Its: Mayor By: Name: Roberta Colotti Its: City Clerk STATE OF ) SS: COUNTY OF ) This instrument was acknowledged before me on this day of , 2026, by Rob Rafferty as Mayor and Roberta Colotti as City Clerk of City of Lino Lakes, a municipal corporation under the laws of Minnesota on behalf of said city. Notary Public My Commission Expires: