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Home My WebLink AboutResolution 9337RESOLUTION NO. 9337 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING ADOPTION OF UTILITY AGREEMENT WITH CITY OF NEW BRIGHTON SPECIFIC TO PROPERTY AT 1321 COUNTY ROAD H WHEREAS, the single family residence constructed at 1321 County Road H has been connected to the Mounds View municipal water system under an agreement adopted in 1965; and WHEREAS, the current property owner wishes to sell the property; and WHEREAS, the City of New Brighton requires all properties to be connected to the sanitary sewer system and this property is currently services by a septic system; and WHEREAS, the City of Mounds View has a sanitary sewer line able to service the property which is the only economically feasible option. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council recommends adoption of Resolution 9337 authorizing connection of 1321 County Road H to the Mounds View sanitary sewer system, execution of the utility agreement between the City of New Brighton and the City of Mounds View, and recording of that agreement with the Ramsey County. Adopted this 9th day of November, 2020. Carol A. Mueller, Mayor ATTEST: 4 )"/- // Nyl Zik nd, City Administrator SEAL) SANITARY SEWER AND WATER SERVICES AGREEMENT THIS SANITARY SEWER AND WATER SERVICES AGREEMENT, made this / day of November, 2020, by and between the City of New Brighton, a Minnesota municipal corporation ("New Brighton"), the City of Mounds View, a Minnesota municipal corporation 54kii y /D. Mounds View"), and 12 e-- and nn, r6ed to each other (the "Owners"), witnesseth: WHEREAS, the Owners are fee owners of property located at: 1321 County Road H West in the City of New Brighton, legally described as: All of Lots 1-10, Block 6 and the North 20 feet of Lot 11, Block 6, Iron Works Plat, according to the recorded plat thereof, County of Ramsey, State of Minnesota the "Property"). WHEREAS, the Property is currently connected to Mounds View's water system pursuant to an agreement between the Village of New Brighton and Darrel D. Thompson and Marrian F. Thompson, dated November 26, 1965 (the "1965 Agreement"); and WHEREAS, recently, the Property's septic system did not pass inspection and New Brighton does not allow for replacement of a septic system when sanitary sewer service to the Property is available; and 1 NE 136-24-684137.0 WHEREAS, the closest connection for sanitary sewer service for the Property is Mounds View's sanitary sewer service; and WHEREAS, Mounds View has agreed to allow the Property to be connected to its sanitary sewer system and to remain connected to its water system, provided the Owners enter into this Agreement; and WHEREAS, New Brighton has agreed to allow the Property to be connected to Mounds View's sanitary sewer and to remain connected to Mounds View's water system, provided the Owners enter into this Agreement; and WHEREAS, the Owners desire that the Property be permitted to connect to and use Mounds View's sanitary sewer and water service systems; and NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The 1965 Agreement is hereby rescinded and shall be no longer in force or effect. 2. New Brighton and Mounds View agree that the Property may continue to be connected to Mounds View's water system. 3. New Brighton and Mounds View hereby grant the Owners permission to connect the Property to and to use Mounds View's sanitary sewer system. The Owners shall be responsible for the costs of connecting the Property to Mounds View's sanitary sewer system and must pay Mounds View any costs related to the connection, including but not limited to, permits, and connection charges. 4. The Owners hereby further covenant and agree that by New Brighton and Mounds View giving them permission to connect the Property to the Mounds View's sanitary sewer and water systems that said permission must not be the basis for any objection by the Owners or their successors to the ordering, installation, or 2 NE136-24-684137A assessment by New Brighton against the Property of the costs of such installation of sanitary sewer or water service lines, mains, or laterals by New Brighton in the future if deemed necessary by New Brighton. In the event that water or sanitary sewer service becomes available to the Property from New Brighton, New Brighton agrees that it will work with the current owners of the Property in order to determine whether connecting the Property to New Brighton's sanitary sewer or water service is necessary given the circumstances at that time. 5. Mounds View will be imposing and collecting water and sanitary sewer usage charges with respect to the Property and the Owners shall be responsible for paying those charges. Mounds View will bill the Owners directly for these charges. New Brighton agrees that it shall have no right to, or interest in, any usage charges collected by Mounds View for the Property. New Brighton agrees that it will assist Mounds View in the event that any unpaid charges need to be certified against the Property. The Owners hereby agree that they will not object with respect to Mounds View or New Brighton's authority to certify any unpaid usage charges against the Property. The Owners reserve the right to object to the amount of the usage charges. 6. This Agreement shall run with the land and be recorded with the Ramsey County property records and be binding on the Owners, their successors, and assigns. 3 NE136-24-684137.0 rf CITY OF (,N F W BRIGHTON By: Valerie Johnson Its: Mayor B&nt/ in Massopust0ev1-- Its: City Manager STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) Gy 'le The foregoing instrument was acknowledged before me this day of November 2020 by Valerie Johnson and Devin Massopust, the Mayor and City Manager, respectively of the City of New Brighton, a Minnesota municipal corporatbehalf of the City. Notary Pub NOTARY STAMP OR SEAL a414 JOYCE TATUM NOTARY PUBUC MINNESOTA MY Commiselon EKpims ,lee. 31, 2021 NEI 36-24-684137.v 1 CITY OF MOUNDS VIEW Carol Mueller Its: Mayor By: _ I il/ a J, Nyle un Its: City Administrator STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this JA day of November 2020 by Carol Mueller and Nyle Zikmund, the Mayor and City Administrator, respectively of the City of Mounds View, a Minnesota municipal corporation on behalf of the City. Notary Public NOTARY STAMP OR SEAL VW rr,.ARBARA A BENESCH hlC)Tpi PUBLIC • MINNE501A M Crnnm+ss o-n ExCres an.31.2U24 NE136-24-684137.0 STATE OF MINNESOTA ) SS. COUNTY OF ) by OWNERS By: - V J LE The foregoing instrument was acknowledged before me this day of November, 2020 and . married to each other. Notary Public NOTARY STAMP OR SEAL THIS INSTRUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJS) 150 South 5"' Street, Suite 700 Minneapolis, MN 55402 6 NE136-24-684137av1 SIGNATURE WITNESS AFFIDAVIT "witness -urat" State of County of y cl-- certify that signed the foregoing document willingly and freely in my p2ee4nce6that the signature is genuinely his/hers. 1 aturef Elof Cant ( and address if necessary) Subscrib d and swo before me this __Lday of a, 2-0 by S v TRACY J. JUELL otary Signature y Notary Public - Minnesota S My Commission Expires Jan 31, 2025 Attribution Clause: This CertiLfcate is`prepare or, ant i clusireiy belongs to, the accompanying dnLumcnt entitled It tiulr vnsists of — page{s1 and is dated – 9 ' c Ci tits Certificat is appropriated to any document other than the one described herein, it shall be deemed null and void. Copyright 2001 by the Notary Law ljutinuc. Uriauthoriaed reproduction or any kind of this form is snictty prohibited.' 4