CR 2000-112 Approve Easement Agreement Canadian Pacific Railway Thermotech Storm Sewer Project
CITY OF
-
. June 29, 2000
HOPKINS
Council Report 2000-112
Approve Easement Agreement
Canadian Pacific Railway
Thermotech Stann Sewer Project
Proposed Action.
Staff recommends adoption of the following motion: Move that Council approve a Canadian Pacific
Railway easement in consideration of$26,800.00 and associated costs of$lO,OOO.OO as it regards the
Thermotech Storm Sewer Project, Project 99-09.
Overview.
The City is about to undertake a storm sewer project adjacent to the Thermotech building in south
Hopkins. The new pipe will provide an outlet to storage ponds west of Thermotech and north of the C
and P Railway corridor (formerly Soo Line) with outfall into Nine Mile Creek. The project is located
almost entirely on C and P property and a utility easement is therefore required. C and P has drafted an
easement granting rights to the City in consideration of payment of $26,800.
Primary Issues to Consider.
· Terms ofthe easement
C and P Railway grants the City a ten-foot utility easement for the installation of a 36-inch
storm sewer pipe. The City is given the right to enter onto C and P right-of-way to maintain the
pipe. The easement contains standard indemnification language concerning the City's
obligation to C and P.
.
· Location
See attached aerial photo map.
· Cost
C and P Railway requires payment of $26,800.00 as consideration. The agreement requires
covering C and P' S costs for a flagman during construction. The consultant estimates this cost
at $10,000.00. This is an additional cost of$36,800 to the contract. This places construction
costs at approximately $135,000, still well below the budgeted $240,000.
Supporting Information.
· Location map
. Draft easement
~~
Jakfs Gessele
Engineering Superintendent
.
Financial Impact: $ 36,800 Budgeted: Y IN Y Source: Stonn Sewer Utility
Related Documents (eIP, ERP, etc.): CIP, City Budget
Notes: Construction costs projected at $135,000. $240,000 has been budgeted.
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I~ CONTRACTOR EQUIPMENT
AND MATERIAL STORAGE AREA
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PROJECT ACCESS AND STAGING AREA
.,
(HOPKINS) MINNESOT A ] REVISIDNS
PHONE- (612) 912-2600
10901 RED CIRCLE DRIVE, SUITE 200
MINNETCNKA, MN 55343
S PLAN VAS PREPARED BY ME DR
IDN AND THAT I AM A Dt1. y LICENSED
:1lE LAVS IF THE ST" TE or MINNESIlTA.
Nvte , P.E. DA TE
Reg. N~ 14657 2/29/2000
SHEET Ne.
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No. 30833
EASEMENT
Date:
,20_,
In consideration of the sum of TWENTY-SIX THOUSAND EIGHT HUNDRED and
No/100 Dollars ($26,800,00), the receipt whereof is hereby acknowledged, Soo Line
Railroad Company, a corporation under the laws of the State of Minnesota, having its
principal place of business at 501 Marquette Avenue, Minneapolis, Minnesota 55402, and
doing business as Canadian Pacific Railway, rGrantor") hereby grants unto CITY OF
HOPKINS ("Grantee"), an easement for the construction and maintenance of a longitudinal
storm sewer pipe line (the "sewer"). such easement to continue only 60 long as used for
such purposes, in, over, under and upon the following described real property in the
County of Hennepin, State of Minnesota (the "Property"):
A part of Sec. 25, T117N, R22W; the centerline of said line is shown in
approximation by the dark line connecting points A, B, C and point D on
the attached Exhibit "A".
The Grantor reserves unto itself, and its successors and assigns. the right and privilege to
use said Property for the maintenance and operation of railroad tracks and facilities.
including the right to permit other parties to use said Property, and further reselVing the
right and privilege to use said Property for any and all other purposes that are not
inconsistent with the use thereof for the purpose or purposes permitted by this indenture,
and further reserving the right to prevent the placement or maintenance of any sewer
facility upon said Property in a manner which would unreasonably interfere with the
maintenance and safe and continuous operation of railroad tracks and facilities.
The Grantor reserves the title to said Property to itself, and the Grantee's maintenance and
use for the above purposes upon said Property, however long continued, shall not vest in
the Grantee rights adverse to those of the Grantor other than those granted by this
indenture.
FORM eOOD.4197.STD
SEVVER EASEMENT (MN)
CITY OF HOPKINS, HENNEPIN CO.
- 1 -
90/c0'd
10922166 01 0L18 Lv~ 219
ll~~ d) ~d lS:p1 0002 S0 ~d~
.
The Grantee, after first securing all necessary public authority, shall at the Granteels sale
expense, install and thereafter maintain the sewer upon and across the Property and
underneath or across any railroad tracks located thereon at the above-described location
in a manner satisfactory to the Grantor.
The Grantee shall be responsible for determining the location and existence of any pipes,
wires, conduits, sewers, piling or other obstructions to the construction of the Grantee's
sewer and shall indemnify, hold harmless and defend the Grantor from and against any
and all liability for damage to the foregoing pipes, wires, conduits, sewers, piling or other
obstructions, if any, caused by the construction or maintenance of the Grantee's sewer.
The Grantor makes no representation by the granting of this indenture that its property is
free of any such pipes, wires, conduits, sewers, pilings or other obstructions.
The Grantee shall not carry on any work in connection with the installation, maintenance,
repair, changing or renewal of the sewer or in close proximity to any railroad track at the
above-described location until: 0) it shall have given the Grantor at least three (3) days'
written notice, and (ii) an authorized representative of the Grantor shan be present to
supervise same. Upon bills being rendered therefor, the Grantee shall promptly reimburse
the Grantor for all expenses incurred by it in connection with such supervision, including
all labor costs for flagmen supplied by the Grantor to protect railroad operations. and for
the entire cost of the furnishing, installation and later removal of any temporary supports
for said tracks.
.
The Grantee, at the Grantee's sole expense, whenever notified to do so, shall promptly
make such repairs to or changes ih the sewer, including changes in location, as the
Grantor shall for any reason deem necessary. The Grantor shall have the right, at its
election, to make emergency repairs to the sewer, and in such event the Grantee, upon
bills being rendered therefor, will promptly reimburse the Grantor for all expenses incurred
in connection therewith.
The Grantee assumes all risk of damage to or destruction of the sewer through any cause
whatsoever while located upon and across the Property.
The Grantee (a) shall be familiar with the requirements of, comply with I and secure at the
Grantee's own expense any permits or licenses required by, aU applicable laws,
regulations, ordinances, and standards, including without limitation all Environmental Laws;
(b) shall, upon written request by the Grantor, provide the Grantor with the results of
appropriate reports and tests and with any other applicable documents to demonstrate that
the Grantee has complied with all Environmental Laws relating to the Property: (c) shall not
in any manner cause or allow the Property to become a hazardous waste treatment,
storage or disposal facility within the meaning of, or otherwise bring the Property within the
ambit of the Resource Conservation and Recovery Act, 42 U.S.C. 9 6901 et seq. or any
similar state staMe or local ordinance; (d) shall not, without prior written disclosure to and
approvaf by the Grantor, Use or authorize the Use of any Hazardous Substance on the
. Property; (e) shall not cause or allow the Release or threat of Release of any Hazardous
Substance on, to, or from the Property; (f) shall promptly notify the Grantor of any actual
FORM 8000.4/97,STO
sEWER EASEMENT (MNJ
CITY OF HOPKlNS. HENNEPIN CO.
- 2-
gel/f:0 . d
109cc166 01 0618 6Vf: c19
lI~~ dJ ~~ 1S:~1 000c S0 ~d~
.
.
.
or suspected Release of any Hazardous Substance on, to, or fram the Property, regardless
of the cause of the Release; (g) shall promptly provide the Grantor with copies of aU
summons, citations, directives, information inquiries or requests. notices of potential
responsibility, notices of violation or deficiency I orders ordecrees, claims, causes of action,
complaints, investigations, judgments, letters, notices of environmental liens or Response
actions in progress, and other communications, written or oral, actual or threatened, from
the United States Environmental Protection Agency, the United States Occupational Safety
and Health Administration, or other federal, state or local agency or authority, or any other
entity or individual, concerning any Release of a Hazardous Substance on, to or from the
Property, or any alleged violation of or responsibility under any Environmental Law relating
to the Property; and (h) shall promptly take all necessary action in Response to any
Release or Use of a Hazardous Substance at the Property that gives rise to any liability,
claim, cause of action, obligation. demand, fine, penalty, loss. judgment or expense under
any Environmental Law, or causes a significant public health or workplace effect, or
creates a nuisance.
To the extent permitted by applicable law, the. Grantee hereby releases and agrees to
indemnify. hold harmless and defend the Grantor and its directors, officers, stockholders,
divisions, agents, affiliates, subsidiaries, predecessors, successors and assigns, oranyone
acting on its behalf or their behalf, from and against any and all Claims (including without
limitation any Claims arising under any Environmental Law and all Claims arising at
common law, in equity or under a federal, state or local statute, rule or regulation) of every
kind, past, present and future, existing and contingent. known and unknown, arising from
any injury to persons, firms or corporations whomsoever, including injuries resulting in
death, and damage to property whatsoever. wherever such persons or property are
located, caused by or attributable to,:in whole or in part, any act or omission of the Grantee
(or the Grantee's employees, agents. representatives, or invitees) in connection with the
exercise of the right and privilege herein granted. including without limitation the Use or
Release of Hazardous Substances by the Grantee and the breach by the Grantee of any
of its warranties, representations or covenants, The Grantee's obligations hereunder shall
survive the termination or expiration of this easement.
As used herein. (a) "Claim" or "Claims" means any and all liabilities, suits, claims,
counterclaims, causes of action, demands. penalties, debts, obligations, promises, acts,
fines, judgments, damages, consequential damages, losses, costs, and expenses of every
kind (including without limitation any attorney's fees, consultants' fees, response costs,
remedial action costs, cleanup costs and experises which may be related to any Claims);
(b) "Environmental Law" or "Environmental Laws" means the Comprehensive
Environmental Response. Compensation and Liabiflty Act ("CERCLA"), 42 U,S.C. 9 9601
et seq" the Resource Conservation and Recovery Act, 42 U.$.C. 9 6901 et seq., the
Federal Water Pollution Control Act; 33 U.S.C. ~ 1251 et seq., the Clean Water Act, 33
U.S.C. ~ 1321 et seq., the Clean Air Act, 42 U.S.C. S 7401 et seq., the Toxic Substances
Control Act, 15 U.S.C. ~ 2601 et seq., all as amended from time to time, and any other
federa', state, local or other governmental statute, regulation, rule, law or ordinance dealing
with the protection of human health, safety, natural resources or the environment now
existing or hereafter enacted; (c) "Hazardous Substance" or "Hazardous Substancesll
FORM 800D.4/97,STD
SEWER EASEMENT (MN)
CITY OF HOPKINS. HENNEPIN CO.
-3-
90/170'd
109c2165 01 0L18 L17[ c19
lr~~ dJ ~~ c~:171 0002 S0 ~d~
.
.
.
means any pollutant, contaminant, hazardous substance orwaste. solid waste, petroleum
product, distillate, or fraction, radioactive material, chemical known to cause cancer or
reproductive toxicity, polychlorinated biphenyl or any other chemical. substance or material
-listed or identified in or regulated by any Environmental Law; (d) "Release" or "Released"
means any actual or threatened spilling, leaking, pumping, pouring, emitting. emptying,
discharging, injecting, escaping, leaching, dumping, disposing or spreading of any
Hazardous Substance into the environment, as l'environment" is defined in CERCLA; (e)
"Response" or "Respond" means action taken in compliance with Environmental Laws to
correct, remove, remediate, cleanup, prevent. mitigate, monitor, evaluate, investigate,
assess or abate the Release of a Hazardous Substance; (1) "Use" means to manage,
generate, manufacture, process, treat, store. use, re-use, refine, recycle, reclaim, blend
or burn for energy recovery, incinerate. accumulate speculatively, transport, transfer,
dispose of, or abandon a Hazardous Substance.
This indenture shall inure to the benefit of and be binding upon the successors and assigns
of the Grantor and the Grantee.
SOO LINE RAILROAD COMPANY
By:
John P. Nail
Its: Director, Real Estate Marketing. U.S,
STATE OF MINNESOTA )
) 5S:
COUNTY OF HENNEPIN )
The foregoing easement was acknowledged before me this day of
. 20_, by John P. Nail, Director, Real Estate Marketing. U.S., of Soo
Line Railroad Company, a corporation under the laws of the State of Minnesotal on behalf
of the corporation.
Notary Seal
Notary Public
This instrument was drafted by:
R. B. Willman
Real Estate Department
Soo Line Railroad Company
P.O. Box 530
Minneapolis, MN 55440
FORM 8000.4/97.5TD
SEWER EASEMENT (MN)
CITY OF HOPKINS. HENNEPIN CO.
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