1a. Utility crossing lease with twin city western rr co. III /a
M
C ITYOF =
I , i .
i, CHANHASSEN
1 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739 Action by City Administrator
Endorsed ✓ DWG
I MEMORANDUM Modified
Rejected
Date i /- q 4 "t
TO: Don Ashworth, City Manager pate Submitted to Commiiss$ott
I FROM: Charles Folch, City Engineer 'neer pate Submitted to Coundl
/j
1 DATE: November 3, 1992
1 SUBJ: Approve Utility Crossing Lease with Twin City & Western Railroad Co.
Upper Bluff Creek Project No. 91 -17
1 Attached are the utility crossing leases associated with the trunk sanitary sewer and
watermain crossing of the Twin City & Western Railroad as planned with the Upper Bluff
I Creek Trunk Utility Project No. 91 -17. Each of the crossing leases and the associated fee
is for a term to last 5 years at which time a renewal will need to be acquired. Since the
crossing of the Twin City & Western Railroad is an unavoidable element associated with
I the Upper Bluff Creek Trunk Utility improvement Project No. 91 -17, it is therefore
recommended that the City Council approve the attached 5 -year leases for the trunk sanitary
sewer and watermain crossings of the Twin City & Western Railroad with the corresponding
1 fees totaling $1,750.
ktm
I Attachments: 1. Sanitary Sewer Lease Agreement.
2. Trunk Watermain Lease Agreement.
1 3. Fee Schedule.
c: Dave Hempel, Sr. Engineering Technician
1 Phil Gravel, BRA
Rachel Christensen, Administrative Assistant .
Twin City & Western Railroad Co.
1 723 Eleventh Street East
Glencoe, MN 55336
1
1
Ars
1 t4: PRINTED ON RECYCLED PAPER
1 THIS AGREEMENT, made and entered Mies as of the 9th day of November 9 2 by and between
7C 2 W RAILROAD COMPANY, party or the nrst part, h•rein.ner called "Railroad Company ", and City o f C h a n h a s s e n
, party of ihrs s.cOnd part, hereinafter Called "licensee ".
1WITNESSETH:
1. The Railroad Company g rants to the Licensee permission to Install and maintain . Sanitary Sewer
pipe Ilne, not exceeding
18 Inches In dlamgter, hereinafter called "pipe Ilne ', extending upon and across the Railroad
Company's property and tracks In )(t)t{
q( Section 22 , Township 116 N., Range 12 3 W
I County of Carver , at Or near Chanhassen , state of Minnesota .
fgrxic4 4;� ,Axdixa4 xay A xxxxxxxatxxxxxxxxxxxxxxxxxxxxxxxikxlx otaccx yxkaaac
•
In the location Indicated In red and In accordance d cs wl th the detalle as shown on the map hereto attached marked "Exhibit A ", and
specifications hereto attached marked "Exhibit 8 ". at a depth of not less than 50 feet beneath the base of the rail of any
I
railroad tracks located on said property, to b. used by the Uesnsee exclusively for sanitary sewer transmission
sub)ect to the conditions Nor'/Mew set forth. ,
2. The Lloane.s shall pay the Railroad Company the sum of 6 102.00 er annum billed on a 6 year basis. payable
I
In advance as rents tor the parmteslon swain grantee and shall assume an pay all taxes and
menls that may p• levied or
d against the pipe line, or against the Railroad Company's property by mason of the location of said pipe Una thereon. While this
agreement remains In affect, the Railroad Company reserves the right to adjust said rental after the first yea? upon thirty (30) days written
notice prior to the anniversary data of this agreement. This provision for payment shall In no way restrict the Railroad Company's right
Of termination under Paragraph 11 h.r.ef. Acceptance of any payment for any five year ported, even though a bill has bean rendered
and payment made thereof, snail not constitute an agreement as 10 the rate of payment to be pald during each 6 year period. In addition
to the above rental the lleense* shall pay Ih. Railroad Company an ApplteatlonrPreparatlon fee of 3150.00 to cover the cost of processing
' this agreement.
3. The Licenses, 'altar first iecuring all necessary public authority, ahatl at the Licensee's sole expense Install and thereafter maintain
Me pipe Una upon and across the Railroad Company's property and undernsath any railroad tracks located thereon at the above described
location. In a manner satisfactory to the Railroad Company's Chia, Engineer, and In strict conformity with the requirements of all laws.
Ordinances and orders of competent public authority now existing and future modifications thereof, so as not to endanger the safety of
railroad or other operations upon said property and 50 as not to endanger the safety of the persons of property n ear o r ad
property. Jacsnt to the
I
Railroad Company's
4. The Licensee shall be r.aponslble for determining the location and existence of any pipes, wires, conduits, sewers, piling er
other obstructions to the construction of Licensee's pipe fine and shall Indemnify Railroad Company for any and all liability for damage so
the foregoing pip.., wires, conduits, sewers, piling or other obstructions, If any, caused by M. Construction or maintenance of LIceneee $
I p ondult� .. . i ts all o o C ompa y makes no representation by the granting of this license that Its property b Inc. of any such pipes. wires,
3. The Licensee shall not carry on any work In connection with the Installation, maintenance, repair changing or renews! of
the pip. Ilne underneath or In close proximity to any railroad track et the above described location before giving the Chtei Engineer at
least three days' written notice at his headquarters located at Minneapolis, Minnesota and not until an authorized representative of the
Railroad Company shall be present to supervise same. Upon bills being rendered thirster, the Licensee shall promptly reimburse the
I Railroad Company for all expenses incurred by 1} In connection with such supervision, Including all labor costa for 6somen supplied by
the Railroad Co'npany to protect railroad oporat one, and for the entire cost of the furnishing. Installation and t.ter removai of any
temporary supporta for said tracks, which said Chief Engineer or his authorized representative may consider necessary while such work
le In progress.
In the pips Iin*, in s location 1i as x iid , Chi whiney.,
f n Engineor ltl o r his d uthorized ai representative e shalll y Consider
I necessary and regulr.. The Railroad Company shall have the right, at Its election, to make emergency repairs to the pip* line, and In
such event the Licensee, upon bills being rendered therefor, will promptly reimburse the Railroad Company for all expanses Incurred In
Connection therewith.
7. Maintenance and use 1 the pips tine upon and across the Railro d Company's property at the above described location,
however long continued, shall not vest In the License* any rights adverse to those of the Railroad Company.
0. The Licensee shall assume all risk of damage to or destruction of the pipe tine through arts' cause whatsoever while located
'upon and across the Railroad Company's property, and shall at all times fully Indemnity the Railroad Company against all liability, claims,
demands, sults, Judgements, costs and expenses by reason of loss or damage to property and Injury to or death of persons whatsoever
or whomsoever, n any manner arising from or growing out o1, dlreetly or Indir.ctl , wholly or In part, Me Installation, maintenance, malt,
changing, renewal, existence or removai of the pipe line upon, •cress or from the Railroad Company's property at M. above described
location.
g. Th. waiver by the Railroad Company of a breach by the Licensee of any proylslon tweet, shall be IlmUsd 10 the act Or omission
1Constituting such breach, and shall not constitute • continuing or permanent waiver.
10. This agreement or the permission h.r.ln granted shall not be assigned or transferred by the Uc.ns•• In any manner, by
operation of law or otherwise, without the written eons.nt of M. Railroad Company. $ubj.ct thereto, this agre.m.nt shall Inure to the
Darwin of, and D. bending upon, the successors, assigns and legal representatives Of the respective part...
11, This a re.ment shall continuo In effect. until terminated b altar r party • upon thirty (30) days' written notice to M. other
party. Any notice given by the Railroad Company hereunder shall be good It deposited In a United States post office, certified
mall, addressed to the Licensee at the Licensee's last known address. When so terminated, the Railroad Company shall make
proportionate refund to the Licena.e of rental that shall have been paid In advance attar deduction of any amounts payable by the
Liens.. hereunder.
above 12. The Licensee at the Licensee's sole expense, within thy day from e date of ssrvIes of notice of termination as
provided, shall take up and remove said pipe fine from M days Railroad company 5 property at the above deserlbed location and
restore said property to a condition satisfactory to said Chief Engineer. Failure on the part of M• licensee to do so shall Constitute
an abandonment of the pips fine by the Licensee, and the Railroad Company shall have the r10ht to remove the whole or or any part
of the pipe line from said properly and perform said work of restoration, and In either event the LIeene , upon • bill being rend+r.d
therefor, shall promptly reimburse the Railroad Company for all expenses Incurred In Connection therewith, plus Moen percent.
13. The Railroad Company shall net be required 10 assume any portion of the cost of the Conatruetien of sad pipe One or future
maintenance thereof.
IN WITNESS WHEREOF, the parties hereto have Caused this agreement t0 b• duty executed as of the day and
rear first above written.
icensee : CITY OF CHANHASSEN - TC it W RAILROAD COMPANY
CITY MANAGER By
rirc LIiVC La lUSbiNLi PERMIT NO. U4-4
THIS AGREEMENT, made and entered Into as of the 9th d of November . 19 9 2 by and betw•on
TC2 W RAILROAD COMPANY, party of the prat pan. h•r•Inaft•r called * *Railroad Company. and City of C h a n h a s s e n
•
•
, party of the second part. hereinafter called "Licensee ".
WITNESSETH:
1. The Railroad Company g rants to the Licenses permission to Install and maintain a water transmission 1 i n e'
pipe Ilne, not exceeding 18 Inches In diameter, hereinafter called "pipe Ilne ", extending upon and across the Railroad
Company's property and tracks In glit of Section 22 . Township 116 Ni.. Range 123W.
County of Carver , at or near Chanhassen , State of Minnesota I
fi(rx x Xitibitik.li xmm *Pk 0.44Xige 4x x x x x x 16xtx X XIXA It oXd( 21 (s/cfXsstltgirX x x
1
In the location Indicated In red and In accordance with the details as shown on the map hereto attached marked "Exhibit A ", and
specifications hereto attached marked "Exhibit B ". at a depth of not less than 20 feet beneath the base of the rail of any
1
railroad tracks located on said property, to be used by the Licensee exoluelvely for water t r a n s m i s s i o on
eub)ect to the condtttone hereinafter set forth. ,
2. The Licata•• shall pay the Railroad Comeany the s lm of $ 1 0 0 .0 0 p er an num bill on a 6 year basis, payable
I
in advance as rants' or the perm es on herein granted and shat ass u me and pay ail taxe and mints than may b• levied Or
asesased against the pip, firm or against the Railroad Company's property by reason of the location of said pipe One thereon. While this
agreement remains In effect. the Railroad Company neervea the right to adjust said rental aher the first year upon thirty (30) days written
notice prior to the anniversary data of this agreement. Thls provision for payment shall In no way restrict the Railroad Company's right
of termination under Paragraph 11 hereof. Aeeeptane• of any payment for any Ave year period, even though • bill has been rendered
and payment made thereof, shall not constitute an agreement as to the rats of payment to be paid during oath 6 year pined. In addition
1
to the above rsntai the Weans** shall pay the Railroad Company an AppllcatIon/Pr•paratlon fee of 2160.00 to cover the cost of processing
this agreement.
3. The Licensee, 'after first :souring all necessary publlo authority, shall at the Ucen•ee's sole expense Install and thereafter maintain
the pipe One upon and across the Railroad Company's propeny and undem•ath any railroad tracks located thereon at the above described
location, In a manner satisfactory to the Railroad Company's Chief Engineer, and In strict Conformity with the r•qulrem•nls of all laws,
ordinances and ordain of competent public authority now existing and future modifications thereof, so as not to endanger the safety of
1
railroad or i Operations property. upon said property and so as not to endanger the safety of the persons air property near or adjacent to the
Company's
4. The Licensee shall b• responatble for determining the location and existence of any plp•s, wires, conduits, sewers, piling or
other obstructions to the construction of Licensee's pipe line and shall Indemnify Railroad Company for an and all liability for damage )o
the foregoing pipes, wires. conduits, sewers, piling or other obstructions, If any Claimed by the construction or mslntenenc• of Licensees I
pipe tin•. The Railroad Company makes no representation by the granting of this license that Its property Is Ire* of any such pipes, wires,
Conduits, sewers, pilings or other obstructions.
3. This Licata** •hall not carry on any work in connection with the Installation. maintenance, malt, changing or renewal of
Ms pipe tine underneath or In aloe• proximity to any railroad track at the above described location before giving the Chief Engineer al
feast three days' written notice at his headquarters located at Minneapolis, Minnesota, and not until an authorized representative of the
Railroad Company shall be present to supervise same. Upon bills being rendered therefor, the License* shall promptly retmbure• the
1
Railroad Comp for all •rinses 'neutral by it In connection with such supervision. Including all labor Costs for flagmen supplied by
the company to protect railroad oparat on•, and for Ihs entire cost of the urnishing. Inslaltatlon and later removal of any
temporary supports for said tracks, which said Chief Engineer or his authorized rspres•ntative may consider necessary white such work
le In progress.
6. The License• at the Licens•e's sole expanse, whenever notified to do so, shall promptly make such re to or changes
In the pipe lino, Including change In location, as said Chief Engineer or his authorized representative shalt for any reason consider
1
necessary and require. The Railroad Company shall have the right, at Its election, to make •m•rgency repairs to the pipe line, and In
such event (he Licensee, upon bill• being rendered therefor, via promptly reimburse the Railroad Company for all expanses Incurred In
connection therewith.
7. Maintena cs nd use of the Dlpe line upon and across the Railroad Company's property at the abovs described location,
however long continues; sha not vast In the Licensee any rights adverse to those of the Railroad company.
upon an a c r os s thi nRai d a l l C ompa n y ' s il propeny, and sshalt shall destruction fully f Indemn the Ra d Company against c ail e nabIlIty against I
demands, suits, Judgements. Costa and expenses by reason of loss or dames• to property and Injury to or death of persons what
or whomsoever, n any manner arising from or grow out of, direetly or Indirectly, wholly or In pan, the Installation, maintenance, waif,
than g In g renewal, sx stones or removal of the pipe line upon, across or from the Railroad Company a property at the above described
location.
constituting such breach, a y d shalt net constitute a continuing of p•r wiwii • of any provision hereof, shall M limited to the set or omission e
operation of law orgothatwiise. or without the the shall not Company or act It by the agreement shall the
benefit of, and be binding upon, the successors, assigns and legal representatives of the reepeetive parties.
1
11. This agreement shall continue In effect until terminated by either party • upon thirty (30) days' written notice to the other
party. Any notice given by the Railroad Company hereunder shall be good If deposited in a United States post office, certified
mall, addressed to the Licenses at the Licensee's last known address. When so lerminated, the Rsllroad Company shall make
roportlonate refund to the licensee of rental that shall have been paid In advance after deduction of any amounts payable by the
loins* hereunder.
12. The Licensee at the Licensee's sole manse, within thirty days. from h• data of service of notice t termination es
I
above provided, shall take up and remove said pipe line Item the Railroad y company s property at Iris *boys descrioed location and
restore said property to • condition satisfactory to said Chief Engineer. Failure on the part of the Lic•ns•e to do so shall Constitute
an abandonment of the pipe line by the Ucen•s•, and the Railroad Company shalt have the right to removes the whole or or any pan
of the pipe lIn• from said property and pattern' said work of restoration, and In elth•r event the Llc•nsee, upon • bill being rendered
therefor, shall promptly reimburse the Railroad Company for all expenses Incurred In Connection ther•wtth, plus flheen percent.
13. The Railroad Company shalt not be required to assume any portion of the cost of this construction of said pips tIne or future
I
maintenance thereof.
• •
IN WITNESS WHEREOF, the parties hereto have Cawed this agreement to be duty executed as of the day end
dear first above written.
Licensee: CITY OF CHANHASSEN TC sRW RAILROAD COMPANY
CITY MANAGER By 1
r
INVOICE
P IEW
TWIN CITIES &WESTERN RAILROAD COMPANY 0 O O O A p
I
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1$ 1 1 1 1 1 1 V �t OO
723 Eleventh Street East N
I Glencoe, MN 55336
(612) 864-5121
FAX (612) 864 -6726
1
TO: City of Chanhassen INVOICE# 000428
I Engineering Dept. DATE September 29, 1992
Chanhassen, Minnesota TERMS Net 10 Days
I
DATE I DESCRIPTION I AMOUNT
I Permit Fees
1 City of Chanhassen, Water & Sewer Improvement Project
1 Application /Preparation Fee $ 150.00
Crossing Fee - Water - $300.00
- Sewer - $300.00
600.00
II Annual Lease - Billable in 5 year increments
Water - $100 /Year x 5 = $500.00
Sewer - $100 /Year x 5 = $500.00
II 1,000.00
TOTAL LEASE FOR WATER & SEWER IMP. PROJECT: $1,750.00
1
II
1
IL
NU HT FREIG BILL T 7 Days
PLEASE REMIT TO: ; Send Remittance T ROAD
Twin Cities & Western Railroad
I - - . ` SDS- 12.0639 . -
1NinneapoPis, MN 55486
j6i2) 864 -5121