1h License Agreement with MCES for Septage Disposal Site
CITY OF
CHANHASSEN
JO City Center Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5739
Engineering Fax 612.937.9152
Jublic Safety Fax 612.934.2524
mb ll'ww.ci.chanIJflJJeI/. mn.us
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MEMORANDUM
TO:
Don Ashworth, City Manager
Charles D. F olch, Public Works Director ~
November 17, 1998
FROM:
DATE:
SUBJECT: Approve License Agreement with Metropolitan Council
Environmental Services (MCES) for Septage Disposal Site in
Chanhassen to be Located on Park Place - PW File 077B
This item was brought before the city council back in August due to the
Metropolitan Council Environmental Services (MCES) desire to locate a discharge
point into the Lake Ann interceptor sewer system for area sept age haulers.
Initially, MCES proposed to acquire an easement from the City to establish this
facility on city property located on Park Place. However, the city council's desire
was to create a license agreement for the use of the property which would give the
city council greater authority over regulating the use of property and more ability
to achieve resolutions to any problems which may result with these operations.
The initial term of this license agreement is five years at a fee of $500 per year
which is equivalent to the previous offer agreed upon. MCES would have the right
to request an extension to this agreement for two additional two year terms for a
compensation to be negotiated by both parities. Either party may terminate this
agreement for cause at any time upon giving ninety days written notice to the other
party specifying the date and cause of the termination. Either party would have the
opportunity during the ninety day notice period to remedy the cause of the
proposed termination.
It is therefore recommended that the city council approve the license agreement
with the Metropolitan Council of Environmental Services for the use of a Septage
Disposal Site on Park Place.
Attachments: 1. License agreement
2. Staff report dated August 18, 1998
City ofChm/hasseII. A growing community with c!etlil Mes, quality schools, a channing downtoUJn, thriving bminesses, and beautiful Pilrks. A greilt plilce to liL'f, work, and play.
LICENSE AGREEMENT
THIS AGREEMENT, effective as of , by and between
the CITY OF CHANHASSEN, a Minnesota municipal corporation (hereinafter referred to
as "Licensor") and the METROPOLITAN COUNCIL, a public corporation and political
subdivision of the State of Minnesota (hereinafter referred to as "Licensee"). In
consideration of the mutual promises contained in this Agreement, the Licensor and Licensee
agree as follows:
SECTION 1: GRANT OF LICENSE. DESCRIPTION OF PREMISES: Licensor hereby grants to
Licensee a license to occupy and use, subject to all of the terms and conditions of this
Agreement, the property described in the attached Exhibit" A" ("Licensed Premises").
SECTION 2: LIMITATION To DESCRIBED PuRPOSE: The Licensed Premises may be
occupied, constructed and used by Licensee solely for a septage disposal site in accordance
with the site plan approved by Licensor and for incidental purposes related to such purpose
during the term of this License Agreement, including the right to enter the Licensed Premises
for purposes of constructing, operating, maintaining, altering, repairing, replacing and/or
removing said sewers and utilities.
SECTION 3: TERM: The term of this License Agreement shall be five (5) years ("Initial
Term") commencing on ("Commencement Date") and ending
. Licensee shall have the right to extend this Agreement for two (2)
additional two year terms ("Renewal Terms"). The Renewal Terms shall be on the same
terms and conditions as set forth herein except for adjustments in payment which shall be
negotiated by the parties piior to commencement of a Renewal Term. Licensee must notify
Licensor of its intent to renew the license at least one-hundred eighty (180) days prior to the.
expiration of the Initial Term or the first Renewal Term.
SECTION 4: PERIODIC PAYMENTS: Licensee shall pay Licensor for this license at the rate
of Five Hundred Dollars ($500.00) per year payable in advance. The first payment shall be
made on the Commencement Date. Subsequent payments shall be made in advance promptly
on each anniversary of the Commencement Date thereafter during the continuation of the
Agreement.
SECTION 5: TERMINATION: Either party may terminate this Agreement for cause at any
time, without regard to payment periods by giving written notice to the other, specifying the
date and cause of the termination, such notice to be given not less than ninety (90) days prior
to the date specified in such notice for the date of termination.
Either party shall have the opportunity during the ninety (90) day period to remedy the
cause of the terinination. If by the end of the ninety (90) day notice period, Licensee has
remedied the cause of the termination, the Agreement shall not terminate and all terms and
conditions of the Agreement shall remain in effect.
For purposes of this Agreement, the term "for cause" shall include, but not be limited
65500
to, failure to comply with the terms of this Agreement, inappropriate use of the Licensed
Premises or abutting property, inappropriate conduct on or about Licensed Premises on the
part of Licensee, or Licensee's employees or agents.
SECTION 6: GOVERNING LAW: It is agreed that this Agreement shall be governed by,
construed and enforced in accordance with the laws of the State of Minnesota.
SECTION 7: ENTIRE AGREEMENT: This Agreement shall constitute the entire agreement
between the parties and any prior understanding or representation of any kind preceding the
date of this Agreement shall not be binding upon either party except to the extent
incorporated in this Agreement.
SECTION 8: MODIFICATION OF AGREEMENT: Any modification of this Agreement or
additional obligation assumed by either party in connection with this Agreement shall be
binding only if evidenced in writing signed by each party or an authorized representative of
each party.
SECTION 9: NOTICES: Any notice provided for or concerning this Agreement shall be in
writing and shall be deemed sufficiently given when sent by certified or registered mail if
sent to the respective address of each party as set forth as follows:
LICENSOR:
Charles Folch
Director of Public Works
City of Chanhassen Public Works
1591 Park Road
Chanhassen, MN 55317
LICENSEE:
General Manager of Metropolitan
Council Environmental Services,
Wastewater Services
Metropolitan Council
230 East Fifth Street
St. Paul, Minnesota 55101-1626
SECTION 10: ASSIGNMENT OF RIGHTS: The rights of each party under this Agreement are
personal to that party and may not be assigned or transferred to any other person, firm,
corporation, or other entity without the prior, express, and written consent of the other party.
Notwithstanding the previous sentence, Licensee shall have the right to assign this License to
a statutory successor of Licensee without Licensor's consent. Such assignment shall be
subject to the following condition: Any assignees shall be subject to all of the terms of this
License.
65500
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SECTION 11: USE OF LICENSED PREMISES: Licensor, its successors and assigns, will not
erect, construct or create any building, improvement, obstruction or structure of any kind,
either above or below the surface, or stockpile soils, construction debris or construction
equipment or change the grade thereof, without the express written permission of the
Licensee. Notwithstanding the aforementioned provision, the following improvements by
Licensor, its successors or assigns, do not require Licensee's written approval: fences,
parking lots, street and/or roadways, landscaping, bushes, shrubs.
SECTION 12: RESTORATION OF LICENSED PREMISES: The Licensee agrees that if it or any
of its employees or agents causes any physical damage to the Licensed Premises which it
does not restore to a condition as nearly as equal as possible to that which existed prior to
the construction and/or maintenance of the purposes described herein within a reasonable
time after completion of that construction, including the replacement of grass, sod or fences,
the Licensee shall pay the costs of restoring the damaged premises to a condition as nearly
equal as possible to that which existed prior to construction. It is understood that in the
removal of large trees, shrubs, and other plants that a like replacement for those items
removed during construction is not always possible and the Licensee shall not be obligated to
replace the same.
SECTION 13: COMPLIANCE WITH LAWS: Licensee shall comply with all federal, state and
local laws and regulations relating to the operation of septage hauler site on the Licensed
Premises.
SECTION 14: LIABILITY: Each party agrees that it will be responsible for its own acts and
the results thereof to the extent authorized by law, and shall not be responsible for the acts of
the other party and the results thereof. The Licensor's and the Licensee's liability are
governed by the provisions of Minn. Stat. Chapter 466.
IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the
day and year first above written.
LICENSOR:
CITY OF CHANHASSEN
LICENSEE:
METROPOLITAN COUNCIL
By:
By:
Nancy K. Mancino, Mayor
Its:
By:
By:
Don Ashworth
City Manager/Clerk
Its:
65500
-3-
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 1998, by Nancy K. Mancino and Don Ashworth, the Mayor and City
Manager/Clerk of the CITY OF CHANHASSEN, a Minnesota municipal corporation, on its
behalf and through the authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 1998, by and , the
and of the METROPOLITAN COUNCIL, a public
corporation and political subdivision of the State of Minnesota, on its behalf.
Notary Public
THIS INSTRUMENT DRAFTED By:
CAMPBELL KNUTSON, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
AMP
65500
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EXHIBIT "A"
Description of Licensor's Property:
Outlot A, Chanhassen Lakes Business Park 5th Addition, according to the recorded
plat thereof, Carver County, Minnesota, evidenced by Certificate of Title No. 15985.
Description of Licensed Premises:
That part of Outlot A, Chanhassen Lakes Business Park 5th Addition, according to the
recorded plat thereof, Carver County, Minnesota, described as follows:
Beginning at the Southwest comer of said Outlot A; thence northeasterly along the
southerly line of said Outlot A, a distance of 140.00 feet; thence northwesterly parallel
with the easterly line of said Outlot A, a distance of 80.00 feet; thence southwesterly
parallel with the southerly line of said Outlot A, a distance of 200.00 feet, to the
westerly line of said Outlot A; thence southeasterly along the westerly line of said
Outlot A, a distance of 99.00 feet to the point of beginning.
65500
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CITY OF
CHANHASSEN
690 City Center Drive, PO Box 147
Chanhassen, Minnesota 55317
Phone 612.937.1900
General Fax 612.937.5739
Engineering Fax 612.937.9152
Public Safety Fax 612.934.2524
\Veb www.ci.chanhassen.mn.us
1e
MEMORANDUM
TO:
Don Ashworth, City Manager
Charles D. Folch, Public Works Director~
August 18, 1998
FROM:
DATE:
SUBJECT: Approve Easement Agreement with Metropolitan Council
Environmental Services Septic Disposal Site on Park Place
PW File 077B
Based upon requests from local septage hauler companies, the Metropolitan
Council Environmental Services would like to provide a local discharge point into
the interceptor sewer system. Currently the septage haulers working in this area
must travel south to the Blue Lake Treatment Plant in Shakopee to dump their
loads. Some local haulers have asked the Metropolitan Council to provide a more
local disposal site in or around the Chanhassen area.
As a result, Met Council and the Chanhassen Staff have been working
cooperatively to find possible locations for such a facility. Criteria for the ideal
location includes that it be located where there is direct connection into the
Metropolitan Council's interceptor facility, has good local road access and is
located in an area of industrial zoning rather than residential. Based on these
criteria, an ideal location was established along Park Place on Outlot A in the
Chanhassen Lakes Business Park 5th Addition. This outlot is owned by the city
and is currently encumbered with an existing utility easement for Metropolitan
Council's Lake Ann Interceptor Sewer. This proposed easement is bounded to
north by wetland, to the west by Park Place right-of-way and to the south by
private property (Heitman Parking Lot).
The extent of the septage discharge facility would involve the construction of a
paved drive isle and turn around with an at grade manhole structure which would
connect directly into the MCES Lake Ann Interceptor System. No above ground
buildings or structures are proposed for this facility, only a gate bar, light pole, and
a drainage culvert are associated with this facility. Construction of this facility
necessitates that MCES acquire a total easement area of approximately 13,500
square feet of which a little more than 3,400 square foot is currently encumbered
by the existing interceptor sewer easement. Outlot A itself is not a developable
property as it is mostly encumbered with existing wetland and utility easements.
Due to its unbuildability status, appraisal of the property has been determined to be
be City ofClJanhtlSsen. A growing community with clean lakes, qua/it)' sc/Joo/s. ,/ charming downtown, thriving bllSinesses, and beautiful parks. A great place to live, work, and pl~l:
Mr. Don Ashworth
August 18, 1998
Page 2
approximately fifteen cents per square foot. This results in a compensation of
approximately $1,513.80 for the ten thousand and two square feet of new
permanent easement.In addition to this amount, City Staff has requested that an
additional $500.00 be added to this offer to cover the administrative and legal
costs the City will incur with processing this easement request the Metropolitan
Environmental Services has agreed and proposes a total offer of $2,013.80.
Staff believes that providing a septic disposal such as this is a benefit to the local
area and that this is the most feasible and cost effective location to install such a
facility. It is therefore recommended the City Council approve the permanent
utility easement offer for the easement described in exhibit A of the attached
agreement, which would encumber Outlot A, Chanhassen Lakes Business Park 5th
Addition for a total compensation amount of$2,013.80.
Attachment: 1. Location Map
2. Easement Agreement
3. Easement Offer
cc: Anita Benson, City Engineer
Jerry Boucher, Utility Superintendent
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EASEMENT
THIS INSTRUMENT, MADE THIS ____ day of
, 19_,
by and between
The City of Chanhassen, a
Corporation, the County of Carver, State of Minnesota, Grantor,
and the Metropolitan Council, a public corporation and political
subdivision of the state (successor to the Metropolitan Waste
Control Commission), Grantee;
WITNESSETH, that Grantor, in consideration of One Dollar and
other good and valuable consideration to
it
in hand paid by
Grantee, the receipt of which is hereby acknowledged, does hereby
grant, bargain, sell, and convey to Grantee, its successors and
assigns, the following described easement for sanitary sewer and
utility purposes (construction of septage disposal site):
See Exhibit A attached hereto for legal description of permanent
easement.
-1-
The above described easement includes the rights of grantee,
its contractors, agents and employees to do whatever is necessary
for enjoyment of the rights granted herein including the right to
enter the easement for purposes of constructing, operating,
maintaining, altering, repairing, replacing, and/or removing said
sewers and utilities.
Grantor,
its
herrs, successors and assigns, will not
erect, construct, or create any building, improvement, obstruction
or structure of any kind, either above or below the surface, or
stockpile soils, construction debris, or construction equipment or
change the grade thereof, without the express written permission
of the Grantee.
Notwithstanding the aforementioned provision, the following
improvements by Grantor,
'its heirs, successors, and assigns do
not require Grantee's written approval:
fences, parking lots,
street and/or roadways, landscaping, bushes, shrubs.
As further consideration for this easement, the Grantee
agreees that if it or any of its employees or agents causes any
physical damage to the above described easement premises which it
-2-
does not restore to a condition as nearly as equal as possible to
that which existed prior to the construction and/or maintenance of
the purposes described herein within a reasonable time after
completion of that construction, including the replacement of
grass, sod, or fences, the Grantee shall pay the costs of
restoring the damaged premises to a condition as nearly equal as
possible to that which existed prior to construction.
It is
understood that in the removal of large trees, shrubs, and other
plants that a like replacement for those items removed during
construction is not always possible and the Grantee shall not be
obligated to replace the same.
As a condition of this Easement Agreement, Grantee shall
comply with all federal, state, and local laws and regulations
relating to the operation of septage hauler site on the Easement
Premises.
Each party agrees that it will be responsible for its
own acts and the results thereof to the extent authorized by law,
and shall not be responsible for the acts of the other party and
the results thereof. The City's and the Council's liability is
governed by the provisions of Minnesota Statutes, Chapter 466.
-3-
Grantor covenants that
it
is the Owner and is in
possession of the above described premises and has lawful right
and authority to convey and grant the easement described herein.
IN WITNESS WHEREOF, the said Grantor has caused this Easement
to be executed as of the date noted above.
CITY OF CHANHASSEN, a
Corporation
. -
By
Its
By
Its
STATE OF MINNESOTA
COUNTY OF
On the
before me a
appeared
respectively,
instrument was
day of , 19
notary public within and for said County, personally
named in the foregoing instrument, and that said
signed on behalf of said City of Chanhassen, a
Corporation, by authority of its Board of Directors
and
acknowledged said instrument to be the free act and deed of said
Corporation.
Notary Public
-4-
EXHIBIT A
PROPERTY DESCRIPTION:
Outlot A. Chanhassen Lakes Business Park 5th Addition. according to the recorded plat
thereof. Carver County. Minnesota, evidenced by Certiticate of Title No. 15985.
EASEMENT DESCRIPTION:
A permanent easement for sanitary sewer purposes over. under and across that part of
Outlot A, Chanhassen Lakes Business Park 5th Addition, according to the recorded plat
thereof, Carver Coum)', Minnesota, described as follows:
.-
. -
Beginning at the Southwest Comer of said Outlot A; thence northeasterly along the
southerly line of said Outlot A, a distance of 140.00 feet; thence northwesterly parallel
with the easterly line of said Outlot A, a distance of 80.00 feet; thence southwesterly
parallel with the southerly line of said Outlot A, a distance of 200.00 feet, to the westerly
line of said Outlot A; thence southeasterly along the westerly line of said Outlot A, a
distance of99.00 feet to the point of beginning.
Sheet 1 of 2 sheets
1
BLK
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L
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~
S1r COR LOT 1
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~/ Exhibii A
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~ Metropolitl 01 Council
~ Working for the Region, Planning for the Future
July 17, 1998
Mr. Charles Folch
City of Chanhassen Public Works
1591 Park Road
Chanhassen, MN 55317
RE: Easement Acquisition
Chanhassen Septage Disposal Site
Me Project Number 960509
Based on the appraisal prepared by Edmund Bowler of Bowler
Appraisals, Inc. appraiser for the above referenced project, and a
request by the City of Chanhassen, the Metropolitan Council
Environmental Services hereby makes the following offer:
10,092 sq. ft. permanent easement
Administrative Settlement
$ 1,513.80
$ 500.00
TOTAL OFFER
$ 2,013.80
Please indicate your acceptance or non-acceptance below:
Accept
Do Not Accept
CITY OF CHANHASSEN
CITY OF CHANHASSEN
By
By
Its
Its
JJS:LLM:llm
copies: J.Lindgren, MC, J.Matross, MC
K.Bombach, MCES, L. Engen, MCES
L. Major, MC
230 East fifth Street St. Paul. Minnesota 55101-1634 (612) 291-6359 fax 291-6550 TOO /TrY 291-0904
An Equal Opportwtll!J Employer
Metro Info Line 229-3780