1d Watermain W86th to Lakeview
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.227.1100
Fax 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
MEMORANDUM
TO:
Todd Gerhardt, City Manager
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The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
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FROM:
Paul Oehme, City EngineerlDir. of Public Works (,.P t
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DATE:
January 18,2005
SUBJ:
Approve Feasibility Report, Authorize Preparation of Plans and
Specifications and Call for Public Hearing for Trunk Watermain
Connection from West 86th Street to Lakeview Drive East;
Approve Assessment Agreement and Permanent Easement
Project No. 04-18
BACKGROUND
On January 10,2005, Council authorized preparation of feasibility report for
Trunk Watermain Connection from W. 86th Street to Lakeview Drive E.
REQUESTED ACTION
Approve feasibility report, authorize preparation of plans and specifications and
call for public hearing for February 14, 2005 for the Trunk Watermain
Connection from West 86th Street to Lakeview Drive East.
DISCUSSION
As you are aware, improvements to TH 212 are anticipated to begin in early
summer. The improvements for TH 212 include installation of watermain and
watermain connection to existing mains. In addition, existing watermain may
need to be lowered and relocated. Also, with other utility and grading work
taking place in the area, disruption of water service is likely. Properties in the
North Bay area and properties south of Lyman Boulevard west of TH 101 are
currently serviced by only one watermain that is not looped. The water system in
this area services 304 properties. A looping system is always recommended to
prevent major water service disruptions, provide better fire flow protection, and
help circulate water better for better water quality.
Staff has discussed with the property owner along the proposed watermain
alignment, the possibility of installing a trunk watermain prior to start of the TH
212 project. The property owner is looking at developing in the next several
years and has agreed to pursue the watermain installation prior to development.
The property owner is currently working with a developer to layout the future
development. The trunk watermain will run between a lot line and along a future
public street. The alignment of the roadway is nearly set along with the grades.
Todd Gerhardt
January 18, 2005
Page 2
The Planning Department has reviewed the preliminary layout and finds it
acceptable. The Engineering Department has also reviewed the layout and finds it
acceptable.
An agreement for assessments and easements has been drafted for this project.
The agreement waives the property owner's right to contest the assessment for
their portion of the project. By having this agreement signed, the assessment
process can be shortened. The easement is for construction of the watermain.
The estimated cost for this project is $224,600 of which $59,800 will be assessed
back to the benefiting property owner. The project has been budgeted in the 2005
CIP, Project Nos. W-046 and W-034.
Staff is anticipating having construction start in April, 2005 and be completed in
May, 2005 prior to any major TH 212 work.
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Attachments: 1. Project Location Map
2. Grant of Permanent Easement
3. Special Assessment Agreement
4. Letter dated 12/27/04
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c: Terry Schneider, Project Developers
Jon Horn, Kimley-Hom & Associates
John Klingelhutz
Sharmeen AI-Jaff, Senior Planner
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G:\ENGIPUBLIC\04-18 Trunk Water Main Implbg 011405 app feasibllty reportdoc
GRANT OF PERMANENT EASEMENT
KLINGEHLUTZ DEVELOPMENT COMPANY, a Minnesota corporation, "Grantor", in
consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant unto the CITY OF
CHANHASSEN, a Minnesota municipal corporation, the Grantee, hereinafter referred to as the
"City", its successors and assigns, a permanent easement for public drainage and utility purposes
over, across, on, under, and through the land situated in the County of Carver, State of
Minnesota, as legally described on the attached Exhibit "A".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns, to enter
upon the permanent easement premises at all reasonable times to construct, reconstruct, inspect,
repair, and maintain said public drainage and utility system over, across, on, under, and through
the permanent easement premises, together with the right to grade, level, fill, drain, and excavate
the permanent easement premises, and the further right to remove trees, bushes, undergrowth,
and other obstructions interfering with the location, construction, and maintenance of said public
drainage and utility easement.
The above named Grantor, for itself, its successors and assigns, does covenant with the
City, its successors and assigns, that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easement to the City; that there are no
115282
unrecorded interests in the easement premises; and that it will indemnify and hold the City
harmless for any breach of the foregoing covenants.
IN TESTIMONY WHEREOF, the Grantor hereto has signed this document this _ day
of
,2004.
GRANTOR:
KLINGELHUTZDEVELOPMENTCOMPANY
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2004, by the of Klingelhutz
Development Company, a Minnesota corporation, on behalf of said corporation, Grantor.
NOTARY PUBLIC
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNuTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,MN 55121
Telephone: 651-452-5000
AMP/cjh
115282
.
EXHIBIT "A"
TO
GRANT OF PERMANENT EASEMENT
DESCRIPTION OF PARCELS:
Parcel A - PID #25-0242600
Government Lot 2 and the East Half of the Northwest Quarter of the Northeast Quarter of
Section 24, Township 116 North, Range 23 West, according to the United States Government
Survey thereof and situate in Carver County, Minnesota.
Parcel B - PID #25-0242700
The West Half of the Northwest Quarter of the Northeast Quarter of Section 24, Township 116
North, Range 23 West, according to the United States Government Survey thereof.
[ Abstract Property]
DESCRIPTION OF EASEMENT AREA:
A 50 foot perpetual easement for drainage and utility purposes over, under and across the
Northwest Quarter of the Northeast Quarter of Section 24, Township 116, Range 23, Carver
County, Minnesota. The centerline of said 50 foot easement is described as follows:
Commencing at the northwest comer of said Northwest Quarter of the Northeast Quarter; thence
on an assumed bearing of South 00 degrees 12 minutes 46 seconds East, along the west line of
said Northwest Quarter of the Northeast Quarter, a distance of 598.73 feet to the point of
beginning of the centerline to be described; thence North 82 degrees 43 minutes 23 seconds East,
a distance of 374.79 feet; thence South 10 degrees 20 minutes 30 seconds East, a distance of
588.54 feet; thence North 74 degrees 04 minutes 09 seconds East, a distance of 457.53 feet;
thence North 79 degrees 45 minutes 57 seconds East, a distance of 409.99 feet to the east line of
said Northwest Quarter of the Northeast Quarter, said centerline there terminating.
The sides lines of said 50 foot easement are to be prolonged or shortened to terminate on said
east and west lines of the Northwest Quarter of the Northeast Quarter.
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PUBLIC IMPROVEMENT AND
SPECIAL ASSESSMENT AGREEMENT
AGREEMENT dated ,20 , by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation ("City"); KLINGELHUTZ
DEVELOPMENT COMPANY, a Minnesota corporation (hereinafter referred to as the "Property
Owner").
RECITALS
A. Property Owner is the fee owner of Parcel A and Parcel B legally described on
Exhibit "A" attached hereto. Parcel A and Parcel B will be collectively referred to herein as the
"Subject Property".
B. Property Owner has requested that the City construct a watermain to serve the
Subject Property ("Public Improvement").
C. The City is willing to construct the Public Improvement subject to the terms of this
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS
THE PARTIES AGREE AS FOLLOWS:
1. PUBLIC IMPROVEMENT PROJECT. The City shall construct a 12" ductile
watermain from the Mission Hills development to the Northbay development.
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2. DIVISION OF COST. The City will pay for the oversizing of the 12 inch
watermain and all of the watermain cost from the south right-of-way of TH 212 to the connection at
Mission Hills. Oversizing is the added cost for constructing a 12 inch line rather than a 8 inch line.
The Subject Property shall be assessed the balance of the Public Improvement project cost. The
total estimated project cost is $224,600.00.
3. ASSESSMENTS. Parcel A shall be specially assessed $39,500.00 and Parcel B
shall be specially assessed $20,300.00. The assessments shall be paid over a 5 year period without
deferment, together with interest at a rate of seven percent (7%) per year on the unpaid balance.
The first installment shall be due and payable with taxes in 2007. The Property Owner waives any
and all procedural and substantive objections to the Public Improvement and the special
assessments, including but not limited to hearing requirements and any claim that the assessments
exceed the benefit to the Subject Property. The Property Owner waives any appeal rights otherwise
available pursuant to Minn. Stat. § 429.081.
4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the
Property Owner and the Property Owner's successors, heirs, and assigns. This Agreement may be
recorded against the title to the Subject Property.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
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IN WITNESS WHEREOF, this Agreement was executed by the parties the day and year
first above written.
CITY OF CHANHASSEN
BY:
Thomas A. Furlong, Mayor
(SEAL)
AND
Todd Gerhardt, City Manager/Clerk
PROPERTY OWNER:
KLINGELHUTZDEVELOPMENT
COMPANY
BY:
Its
AND
Its
STATE OF MINNESOTA )
( ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
, 20_, by Thomas A. Furlong and by Todd Gerhardt, respectively the Mayor
and City Manager/Clerk of the City of Chanhassen, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
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--
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
, 20_, by
the
of Klingelhutz Development Company, a
corporation, on behalf of the corporation.
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNuTSON
Professional Association
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
RNK:sm
115142vOl
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4
day of
and by
and
Minnesota
EXHIBIT "A"
TO
PUBLIC IMPROVEMENT
AND SPECIAL ASSESSMENT AGREEMENT
Parcel A - PID #25-0242600
Government Lot 2 and the East Half of the Northwest Quarter of the Northeast Quarter of Section
24, Township 116 North, Range 23 West, according to the United States Government Survey
thereof and situate in Carver County, Minnesota.
Parcel B - PID #25-0242700
The West Half of the Northwest Quarter of the Northeast Quarter of Section 24, Township 116
North, Range 23 West, according to the United States Government Survey thereof, except the North
30 feet thereof.
[ABSTRACT PROPERTY]
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Dec.27. 2004 1: 06PM
chaska bui 1ding center
No. 1293 P. 2
KLINGELHUTZ
o EVE LOP W E ~ T
December 27,2004
Paul Oehme
City Engineer
City of Chanhassen
7700 Market Boulevard
P.O..Box 147
Chanhassen. MN 55317
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Re: Water line e.asement through Parcel #250242700 & 250242600
. Dear Paul,
This is to confirm that we are in agreement with the granting of the proposed water line. .
easement through the above parcel based on the preliminary layout and assessment
arrangement that we have discussed with you.
It is understood that the final alignment of th~ water line wOlÙd be within the proposed
initial 50-ft. easement and would be coordinated to fit with our proposed townhome.
development plans for the site. Once the final iligDlIlent has bech determined and the
line installed) the SO-ft. easement woUld be våcatéd, and a new ·20-ft. easement would be.
placed over the water line.
It is also understood·that ifMNDOT ebanges the proposed ROW for Highway 212, the
water line easement em be shifted to accommodate any proPosed changes in the ROW.
It is anticipated the ROW loeation will be finalized prior to final construction documents
being prepared for the water ~e; '. .
We have alSo discussed the fact that the City is willing to defer the assessment for the
. project for one year if the actual development of the' property is delayed beyond 2005.
If you have any qucstièÎns or need any clarifications to the above items, please feel free ~o .
contact me or Terry Schneider (6·12-720-7667) '.
''0 EAST HIGHWAY 212
P.O. BOX 89
CHASKA, MN ;5318
952 I 44~·6776
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