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RESOLUTION 9882 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A MAINTENANCE AGREEMENT FOR THE INSTALLATION OF A PRIVATE STORM SEWER PIPE IN THE PUBLIC RIGHTS OF WAY FOR THE PROPERTY OF 7655 PLEASANT VIEW DRIVE, PIN 073023220043 WHEREAS, After purchasing the property and building a new home at 7655 Pleasant View, the property owner's, Marco and Abigail Montermini, contacted Jon Sevald, former Director of Community Development because they were concerned about the grading of the yard; and WHEREAS, Staff began working with the property owner and Anderson Engineering, their Landscape Engineer. A number of options where proposed for the re- grading of the property that included adding a retaining wall to installing infiltration basins in other portions of the property; and WHEREAS, Staff reviewed the plans and found that the storm sewer pipe was not entirely being placed on private property and that a portion of the pipe was in the City Right of Way (ROW). City Staff, and Engineer along with Anderson Engineering, explored additional drainage scenarios but this option achieved the desired effect; and WHEREAS, an agreement for the installation and maintenance of the storm water pipe would be needed; and WHEREAS, Staff sent the grading plans to the City Attorney in order to draft an agreement for the installation and maintenance of the storm sewer pipe located in the City ROW; and WHEREAS, the property owner will be responsible for maintaining the pipe with the stipulation should the City need to make repairs or maintain the pipe, the current property owner would be invoiced for the costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Approves the revised grading plans for the property at 7655 Pleasant View Drive— to include installation of a private storm sewer pipe under the driveway and encroaching in the City Rights of Way. 2. The property owner, current and future, will be responsible for maintaining the pipe with the stipulation should the City need to make repairs or maintain the pipe, the property owner would be invoiced for the costs. 3. The Mayor and City Administrator, Staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution including finalizing the settlement agreement confirming in writing the terms of the mediated settlement as approved by the Council.