HomeMy WebLinkAbout2018-08-28 5725 Oakgreen Ave Utility Connection Agreement - JohnsonCITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
UTILITY CONNECTION AGREEMENT
THIS AGREEMENT, made and entered into this day of August, 2018, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (the "City"), and Paul Johnson, as the equitable "Owner" of the property located at 5725
Oakgreen Ave. N., and residing at 5037 Northbrook Blvd, Baytown Township, MN.
WHEREAS, Owner has an equitable ownership interest via a pending Transfer on Death
Deed for real property within the City of Oak Park Heights located at 5725 Oakgreen Avenue
North, Oak Park Heights, MN 55082, PID #04.029.20.23.0065 (the "Property"), the same being
legally described as follows:
See Attached Exhibit A
WHEREAS, the registered fee title owner of the Property is Owner's father, Simon 0.
Johnson, who is now deceased;
WHEREAS, upon information and belief, Owner's ability to record his interest in the
Transfer On Death Deed for the Property is delayed and hindered due to pending medical lien
issues, but Owner otherwise affirms that he holds an equitable ownership interest in the Property;
WHEREAS, the Owner has made application to the City for installation of utility service
lines in the right-of-way for the City water and sanitary sewer systems due to the failure of existing
onsite septic systems on the Property;
WHEREAS, the City has pending water and sewer utility work scheduled to occur in the
immediate vicinity of the Property for an unrelated project, and as a result it will be more efficient
and cost effective for water and sewer utility lines to the Property to be constructed and stubbed to
the Property as part of the existing and pending project;
WHEREAS, the Owner has a future consideration to potentially subdivide his lands so as to
increase the density, and the existence of constructed and available water and sewer connections
will be a benefit to the Property in the event of such future development;
WHEREAS, Owner does not presently intend to connect the Property to the City water and
sanitary sewer systems, but desires those service lines to be constructed to and stubbed at the
boundary of the Property for availability for future potential connection and use;
WHEREAS, upon future connection to City utilities, Owner understands that additional
Utility Connection Charges will become due and payable by ordinance and city policy;
WHEREAS, Owner understands that his interest in the Property is not yet recorded and his
title to the Property is not yet perfected, but regardless of that fact Owner desires to have the
improvements constructed and agrees to pay for all costs of construction relating to this utility work
as further set forth in this Agreement, regardless of whether or when Owners' interest in the
Property is perfected, if ever;
WHEREAS, the City will agree to construct the utility connection lines to the boundary of
the Property using its contractor that will be conducting construction work in the immediate
vicinity, but Owner shall be responsible for all associated costs, including construction costs in the
right-of-way and any and all future Utility Connection Fees.
NOW, THEREFORE, in consideration of the foregoing premises and recitals, which are
incorporated into and made part of this Agreement by reference, and upon the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
A. PUBLIC IMPROVEMENTS:
The City will construct at Owner's expense the following improvements as outlined in
Exhibit B in the City Right of Way, under plans to be approved by the Public Works
Department of the City according to the following terms and conditions:
Water Connection Work in the ROW: Cost Estimated at $ 3,131.20
Sewer Connection Work in the ROW: Cost Estimated at $ 11,095.00
Sub -Total: $14,226.20
Estimated Soft Costs + 20% $2,845.2
TOTAL Cost Estimate: $17,071.44
SECURITY of+25% $ 4,267.86
Total Cost Estimate and Security: $ 21,339.30
2. The Owner shall be responsible to pay for and reimburse the costs of the water and sewer
improvements to be located in the right of way as outlined in this section totaling
$17,071.44 plus a 25% Security of $4,267.86 and such total amounts of $21,339.30 which
shall be provided to the City as an ESCROW concunently with the execution of this
Agreement. Soft Costs shall include all administrative and consulting costs and fees
incurred by the City for the work herein, including but not limited to staff time, city
consultant fees, and other costs incurred by the City in administering the work. Final Costs
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shall be enumerated to the Owner at the completion of the Project.
3. The City will stub the water and sewer utilities onto the "house -side" of the curb -line.
4. The City shall return any remaining funds and/or escrow — once City costs are paid in full
and confirmation by the City Engineer that the City and Owner's performance requirements
have been met as specified within this Agreement. Should the Owner default in
performance required herein the City may use the funds to protect city infrastructure and
offset its costs in securing completion of the project including administrative and attorney's
fees.
B. PRIVATE IMPROVEMENTS:
1. The Owner shall be solely and independently responsible for all further connections and
private utilities from the water and sewer utilities located in the right of way to connection
points in the home structure now located on the property and shall make no connections of
the completion of the City's work in the right of way until such time as Connection Charges
are paid in full to the City as outlined in Section C. At such time as a connection may be
made to City systems, the City's inspector shall be present to observe the installation of the
private connections to the City provided service stubs at the sole expense of the Owner.
2. Once connection to City utilities is made, the City will permit the continued operation of
the current on-site well for exterior use only subject to separation requirements under the
State plumbing code and city ordinance. Should the Owner not desire to close any well(s)
the Owner shall demonstrate, via the submission of a plan to the City that is designed by a
licensed Minnesota Plumber that causes the well pump and all lines to not be physically
connected in any fashion to internal water supply lines inside the home nor to any other
water systems that are ultimately connected to the City's water or sanitary sewer systems.
The plan shall be immediately implemented by the Owner upon City review and approval
at Owner's expense. All such installations shall be subject to the final inspection by the
City. Should the Owner not submit such plan and/or not make the necessary plumbing
amendments, the Owner shall close and appropriately abandon such well(s) for which all
such work shall be performed by a licensed firm registered in the State of Minnesota to
perform such work. Should the Owner not desire to maintain any on-site wells, the Owner
shall immediately close and appropriately abandon such well(s) for which all such work
shall be performed by a licensed firm registered in the State of Minnesota to perform such
work.
3. The Owner shall utilize Owner's forces to complete any private work to the full
satisfaction of the City's Director of Public Works and Building Inspector and following
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legal guidelines for utility connections and/or plumbing installations. All work shall be
completed by businesses with current licensing by the State of Minnesota to perform all
such work and shall require a separate permit(s) issued by the City Building Department.
4. The City shall not be responsible for any maintenance requirements of this water service
line or sanitary sewer service line connections. All service lines in their entirety from the
home to the service main, including the connection, tap and curb -stop valve, clean -outs,
etc. shall be the responsibility of the Owner or any subsequent owners.
5. As needed, the Owner shall do on-site grading, sodding of boulevards, restoration of streets,
curbing and related facilities all in accordance with the approved plan. Any changes to the
plan during construction must be submitted to the City for approval, failure to do so voids
any and all permits issued for this project.
6. The Owner shall not locate its construction equipment within the right-of-way of Oakgreen
Avenue North unless specifically permitted by the City of Oak Park Heights
7. The Owner shall be responsible for maintaining the location of and protecting curb stops,
water services and sewer services. Any service or curb stop damaged shall be repaired or
replaced by the Owner as specified by the City. The Owner shall make all necessary
adjustments to the curb stops to bring them flush with the topsoil (after grading) or
driveway surface. The City is not responsible for damaged curb -stops or any other private
infrastructure.
C. CONNECTION CHARGES
1. All connection charges and fees shall be paid by Owner as outlined herein prior to any
connection to City utilities. The City Engineer shall compute the connection fee as
prescribed by ordinance/resolution as to this development and advise the City Clerk as to
the appropriate fee to be collected. Connection fees for all lands are due and payable at the
time of any form of subdivision of the Owners land. Connection Fee rates are subject tto the
rates in -effect at the time of payment:
2. Should the Owner not make the required Connection Charge payment the Owner does
agree to waive his rights to hearing, right to object and appeal and notices otherwise
provided under Minn. Stat. 429.031; 429.061 and 429.081 and consents to the City to
placing an assessment on Owner's property (collectable with the real estate taxes) for the
amounts owed. Until finally levied the amounts due shall constitute a pending assessment
against the property. The Owner does hereby waive any rights to challenge, appeal,
contest or dispute this assessment. Owner personally guarantees the payment of all
assessed amounts to the city.
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D. ADDITIONAL PROVISIONS
SAC Charges and Park Dedication Fees.
The Owner shall pay any MET Council SAC Charges that may be due. City Park
Dedication fees will be due and payable by the Owner should any future land subdivision
occur.
2. Binding Effect.
The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs,
representatives, successors and assigns of the parties hereto and shall be binding upon all
future owners of all or any part of the property and shall be deemed covenants running with
the land. References herein to Owner, if there be more than one, shall mean each and all of
them. The Agreement, at the option of the City, shall be placed on record so as to give
notice hereof to subsequent purchasers and encumbrances of all or any part of the property
and all recording fees, if any, shall be paid by the Owner.
3. Default / Failure to Repair.
Should there be any default on Owner's part relative to the proper and timely installation
and repair to city streets, right of way or infrastructure the city at its option may
repair/restore same and charge Owner for the reasonable costs thereof.
4. Administrative and Miscellaneous Expenses.
As to any and all administrative, legal or engineering costs which the Owner is expected to
pay to the City of Oak Park Heights, which costs may be offset against the Escrow which
the Owner has filed and provided to the City of Oak Park Heights, the Owner shall be given
the opportunity to review and comment on such costs prior to the application by the City of
Oak Park Heights for the payment of same.
5. Establishment of Construction Schedules.
The City Engineer shall establish construction schedules related to public improvements in
the City right of way.
6. Warranty of Title.
By its execution hereof Owner hereby warrants and represents that it has the exclusive and
marketable fee title to the subject property. Owner fiuther warrants and represents that there
are no liens or encumbrances against the title and that it is fully authorized to execute this
agreement as the fee owner of the subject lands.
Utility Locations in City Right of Way.
If applicable, in order to maintain compliance with regulations promulgated from the
Minnesota Office of Pipeline Safety the Owner, its contractors, subcontractors, and agents
shall comply with the following requirements:
a. All right of way work shall require an application with a
plan that shall be submitted for city review prior to any
work performed in the right of way areas.
b. The layout of utilities, including depths, off -sets and
materials shall be documented during construction and
confirmed with city staff during the installation process.
c. The Single-family residential site are required to submit an
accurate tie card showing the utilities installed and
measurements from fixed objects (corner of house, fire
hydrants, etc.) to the curb stop, location pins, clean outs and
tie in points for all utilities.
d. All installations will require pins be installed directly above
all utility lines where they cross lot lines. A corrosion
protected trace wire shall be installed six inches below final
grade directly above all new utility installations at a
minimum through the right of way. The trace wire and tail
shall be terminated in a capped vertical conduit that is
within two inches of the final grade and pin located at the
lot line. The Owner shall also provide at it's sole expense
full "as built" drawings to the City and in form readily
formatted into the City's GIS systems for future locates.
e. The copper tracer line will be wrapped around the
horizontal bored sewer line with the tracer line being coiled
at either end allowing the line to be traced in the future.
The Owner shall hold harmless and indemnify the City of
Oak Park Heights from any and all loss or damage resulting
from its failure to comply with these requirements
including but not limited to expenses the City incurs in
correcting errors in information provided by Owner its
agents or contractors or remediating problems resulting
there from in the right of way.
IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly executed
on the date and year fust above written.
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this __X day of &Ivlr 2018 before me a Notary Public, within and for
said County personally appeared Eric Johnson, to me personally known, being each by me duly
sworn did say that he is the Administrator of the City of Oak Park Heights, the municipal
corporation named in the foregoing instrument; and that the seal affixed to said instrument is the
corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said
municipal corporation by authority of its City Council and Administrator acknowledged said
instrument to be the free act and deed of said
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
MARY SEIGER OTA
NOTARY PUBLIC - MINNES
1
1
On this dN day of S L , 2018, before me allotanLEublic,
within and for
said County personally appeared IPA#L Jn hotn a siagle a ed on, and to me
duly swom did say that s/he is the named Owner in the foregoing instrument, and that said
instrument was signed and sealed on behalf of the of such individual and whom is capable to legally
bind theproperty and the elements of the AgrPP —t
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NOTARY X11
EXHIBIT A
LEGAL DESCRIPTION OWNERS LAND
PARCEL # 0402920230065
PT SWI/4-NW1/4 BEING N 153.0FT OF W 485.52FT TOG/W EASE FOR PUBLIC RD & ITS MAINTENANCE SECTION
04 TOWNSHIP 029 RANGE 020
Varsl Numbc- M 029.N]3.0065
GmMYCu1E.4R SRS OMQE91 RVE N
OGK VPPY. NE1GM5. NN 55@3
l epal DeW�pDan PT T
W
SNI/4NW33{BFIXGNIS]MT DFi855'1Ff OG/YI FASE iOR RRlIC P06It5 HUMF]IPXCE 4CTION
TM
ON%SHI403a WJIQ QA
EXHIBIT B
ESTIMATED COSTS FOR UTILITY CONNECTIONS & PLAN SHEETS
5725 Ookgreen Ave - Sorilory/Woter Services
Cost Based on Polmer Station Street L Utilities Low Nd Price
6/14/2018
TotoiSonHory: $11.095.00
Total Water: $3.131.20
TOTAL ;14.226.20
INSERT PLAN SHEETS HERE
10
Sanitary Items -
&d tem
GREY HIGHLIGIiT
Low Bid
�n
Description
p'
Quantity Unit
Unit Price
Total Rice
1 I
Connect to Fxis" Water Moro - Cut in 12 x 6 Tee
1
EA
; 6.500.00
E 6.500.00
13
6' DIP Water Main
50
LF
; 55.0D
; 2.750.00
15
6"Gote Valve and Box
1
EA
3 1.845.00
S 1.845.00
17
Ductlie Iron Fillings
176
L$
7.45
1.311.20 �1I
21
9 -XS- PVC Wye, SDR 26
1
EA
S 220.00
S 220.00
24
6 PVC. SCH 40 SonitorySewer Service Pipe
50
LF
S 3200
S 1.600.110
TotoiSonHory: $11.095.00
Total Water: $3.131.20
TOTAL ;14.226.20
INSERT PLAN SHEETS HERE
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