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File #: RES 17-1043    Version: 1 Name:
Type: Resolution Status: Archived
In control: Board of Water Commissioners
Final action: 7/11/2017
Title: Pertaining to a private water main agreement with four private property owners for the Mendota Plaza development west of Dodd Road, north of South Plaza Drive, and south of Highway 110 in the city of Mendota Heights.
Attachments: 1. Staff Report, 2. Location Map, 3. Resolution 17-1043, 4. Private Water Main Agreement
Title
Pertaining to a private water main agreement with four private property owners for the Mendota Plaza development west of Dodd Road, north of South Plaza Drive, and south of Highway 110 in the city of Mendota Heights.

Body
WHEREAS, Mendota Mall Associates - WAG, LLC, Mendota Mall Associates, LLC, Mendota Mall Associates - Outlots, LLC, and Mendota Plaza Apartments, LLC (“Property Owners”) have requested permission to extend a private water main to serve the expansion of Mendota Plaza situated west of Dodd Rd, north of South Plaza Dr, and south of Highway 110 in the city of Mendota Heights with domestic water and fire protection; and

WHEREAS, the Property Owners propose to extend the existing private water main according to Saint Paul Regional Water Services Standards and agree to accept full responsibility for the maintenance and repair of the private water main and hold the Board of Water Commissioners harmless from all claims that may arise from the existence or operation of the private water main; and

WHEREAS, a previous Private Water Main Agreement which contains a perpetual easement, granted to the Board, dated September 8, 2009 recorded as Doc. No. 2731043, in the files of Dakota County, Minnesota, Registrar of Deeds (“Original Agreement”) is not sufficient for the extension of existing private water main; and

WHEREAS, the Property Owners desire the Board to terminate the Original Agreement, and vacate and release said perpetual water main easement, for the purpose of identifying, granting, and conveying to the Board a new perpetual water main easement; and

WHEREAS, staff has prepared a new Private Water Main Agreement which sets forth those terms and conditions required by the city attorney’s office for the termination of the original agreement, replacing the perpetual utility easement for the existing private water main, creating a new perpetual utility easement for the proposed extension of the existing private water main, and the installation...

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