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2c. Approve License for NSDP for Installation of Conduit on Audubon Road Bridge PW 001A C ITYOF -- 1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937 -1900 • FAX (612) 937 -5739 1 MEMORANDUM TO: Don Ashworth, City Manager I FROM: Charles Folch, City Engineer ty gin 1 DATE: July 20, 1993 I SUBJ: Approve License for NSP for Installation of Electrical Conduit on Audubon Road Bridge - File No. PW -001A 1 I have recently been contacted by Larry Fortun of NSP regarding the installation of new cable along Audubon Road. Larry expressed NSP's_ concerns with burying a cable under the I Twin Cities & Western Railroad track due to soil cc editions and other constraints. NSP has requested that the City consider allowing the cable to be mounted along the deck structure of the Audubon Road bridge. Given the problems with burial under the railroad and i subsequent discussions with MnDOT bridge personnel, conduit attachment to the bridge appears to be a viable option. I have asked the City Attorney to prepare an agreement for this installation (see attached). Somegeneral specifications for this type of installation have I been obtained from MnDOT and will be implemented accordingly. The remaining power cable along Audubon Road will be installed underground. 1 It is therefore recommended that the City Council approve the license with NSP for the installation of an electrical conduit on the Audubon Road bridge located immediately south 1 of Park Drive. .. =" ° : x c „ a , ; ,, ktm µ 1 Attachment: License c: Dave Hempel, Assistant City Engineer I Mike Wegler, Street Superintendent Larry Fortun, NSP 1 Marlowe Peterson, NSP 1 ,,, to: PRINTED ON RECYCLED PAPER 1 1 CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. Attorneys at Law ' Thoma,1 Camrh 11 (612) 452 -5000 Rover Fax (612) 452 -555 Thom 1, 11 Scott Clan C1 Fmk ' I•une, R Vi'al,n,n Fll rr B. Kner;ch Michael A Brohacl July 6, 1993 Renae D Steiner 1 ' Mr. Charles Folch Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 ' RE: NSP License - Audubon Road Bridge Dear Charles: Enclosed please find the license you requested for NSP to 11 construct, reconstruct, operate, maintain, and remove electrical lines on the Audubon Road bridge. • Very truly yours, ' CAMPBEL , KNUTSON, SCOTT & FUCH , P.A. BY: Roger N. Knutson RNK:srn Enclosure 1 CITY OF CHANHASSEN ' JUL O 8 1993 ENGINEERING DEPT. Suite 117 • E,112andale Office Center • 13tiCC Corporate Center Curve • Et <,an, MN 55121 LICENSE 1 THE UNDERSIGNED GRANTOR, for and in consideration of One , Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to NORTHERN STATES POWER COMPANY, a Minnesota corporation ( "Grantee "), its successors, assigns, lessees, licensees, and agents a license to construct, reconstruct, operate, maintain, and 1 remove such electrical lines as Grantee may require upon, over, under, and across the Audubon Road bridge in such a manner as not 1 to interfere with the use of the bridge for travel. The rights, conditions, and provisions of this license shall 1 inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. Grantee shall hold harmless Grantor and its officers, 1 employees, and agents from claims made for damages sustained or costs incurred resulting from Grantee's use of Grantor's property ' described above. Grantee shall indemnify Grantor and its officers, employees, and agents for all costs, damages, expenses, or attorney's fees which Grantor may pay or incur in consequence of such claims. Grantor may terminate this license upon sixty (60) days 1 advance written notice for any of the following reasons: (1) Grantor selling or relinquishing its interest in the subject property, (2) the license area is needed for a public improvement or would interfere with a public improvement, or (3) the destruction or removal of the bridge. ' 6847 11 07/06/93 1 11 IN WITNESS WHEREOF, Grantor has executed this easement as of this day of , 1993. 1 GRANTOR: CITY OF CHANHASSEN 1 BY: Donald J. Chmiel, Mayor AND Don Ashworth, City Manager 1 GRANTEE: NORTHERN STATES POWER COMPANY BY: de.„(17:44.4..tp � 0Sp ��s K�+.L Its AND /7 . Its 1 ACKNOWLEDGEMENT ' STATE OF MINNESOTA ) ( ss. COUNTY OF CARVER 1 The foregoing instrument was acknowledged before me this day of , 1993, by Donald J. Chmiel and by Don Ashworth, respectively the Mayor and City Manager of the City of 1 Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. 1 NOTARY PUBLIC 1 1 1 6847 07/06/93 1 II STATE OF MINNESOTA ) II ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this II day of , 1993, by and by the and of Northern States Power Company, a Minnesota corporation, on behalf of the corporation. II NOTARY PUBLIC II THIS INSTRUMENT WAS DRAFTED BY: II Campbell, Knutson, Scott & Fuchs, P.A. II 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 (612) 452 -5000 II RNK:srn II • II II II II II II II 6847 I 07/06/93