7.8. SR 04-17-2017 - Laserfiche WebLink

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EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.8 Agenda Section Meeting Date Prepared by Public Hearings April 17, 2017 Peter Beck, City Attorney Item Description Reviewed by Easement Vacation: Pipe Portfolio, 1340 6th Street Zack Carlton,Planning Manager NW Reviewed by Cal Portner, City Administrator Action Requested 1. Approve,by resolution, the Easement Vacation request and the related Quit Claim Deed,with the condition the vacation document and deed will not be recorded until the property owner has executed the replacement easement agreements 2. Approve,by motion, the new Grant of Permanent Easements Agreement 3. Approve,by motion, the Utility and Ingress Access Easement Agreement connecting Quinn Ave and the city water tower property 4. Approve,by motion, the License Agreement granting Forterra (Pipe Portfolio) permission to store materials and park on portions of the city-owned water tower property Background/Discussion The Pipe Portfolio (formerly Cretex) property located north and west of Highway 10 and Proctor Avenue surrounds a city water tower,has several city water and sewer lines running through it, and has Elk River Municipal Utility (ERMU) electric lines running along the east,west, and south property lines. The parcel also had several abandoned,but not vacated, street right-of-ways running through it, and several substandard, and in some cases unnecessary,utility easements running through it. In 2016, Pipe Portfolio requested to vacate the street right-of-ways. The city agreed, and the Council took action to vacate the right-of-ways on condition that Pipe Portfolio provide replacement easements for the existing water and sewer lines. The process of identifying the replacement easements required and agreeing to a new easement agreement has proven to be a long process. Following is a summary of this process, and the Council action requested: 1. The city needs to quit claim a portion of one of the vacated right-of-ways to complete the vacation. Therefore, the Council is asked to approve this quit claim deed. 2. In addition to the vacated rights-of-way, there are three very old, substandard utility easements running through the property for water and sewer lines. In the course of the discussions with Pipe Portfolio,it was decided to vacate and replace these easements with a new, comprehensive and up to date utility easement agreement. The Council is asked to approve the resolution vacating the three old utility easements. 3. The council is asked to approve the new utility easement agreement (the "Grant of Permanent Easements"),which addresses the following issues: POWERED 6T AR