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a. The three old easements to be vacated will be replaced with five new/replacement <br /> easements for water and sewer lines within the Pipe Portfolio property. The old easements <br /> were as narrow as 10 or 15 feet. The city standard is 20 feet, so all five of the new easements <br /> are 20 feet wide in the new utility easement agreement. <br /> b. In the process of locating the existing water and sewer lines,it was determined that there are <br /> several instances where Pipe Portfolio has production facilities which encroach on the water <br /> and sewer utility lines. The new utility easement agreement has been drafted to address these <br /> encroachments. <br /> c. ERMU has overhead electric lines that appear to encroach on the Pipe Portfolio property <br /> along the east, south, and west property lines. For this reason, three easements were added <br /> to the new utility easement agreement along the east,west, and south sides, to protect <br /> ERMU's electric lines. <br /> 4. Vacating the old right-of-ways leaves the city with no legal access to the water tower. Therefore, <br /> the Council is asked to approve a 60 foot wide access easement (the "Utility and Ingress and <br /> Access Easement") connecting the water tower property to Quinn Ave along the railroad. <br /> 5. It also came to the attention of the ERMU counsel/city attorney that Cretex/Pipe Portfolio have <br /> for years been storing materials and parking vehicles on the water tower property. Neither <br /> ERMU nor the city have a problem with this,but counsel has recommended that this use of <br /> public property be authorized by a license agreement in the form of other agreements the city has <br /> entered into for use of public property and rights-of-way. Therefore, the Council is asked to <br /> approve the license agreement. <br /> It is possible that there will be minor amendments to the legal descriptions and/or language of the <br /> documents and agreements to be approved by the Council. The Council is requested to authorize staff to <br /> make such minor revisions with the understanding that anything substantive will return to Council for <br /> approval. <br /> Financial Impact <br /> None <br /> Attachments <br /> ■ Easement Vacation Packet dated June 20, 2016 <br /> ■ Resolution Vacating Drainage and Utility Easements <br /> ■ Resolution Approving Quit Claim Deed <br /> ■ Utility Easement Agreement <br /> ■ Access Easement Agreement <br /> ■ License Agreement <br /> N:APublic Bodies\Agenda Packets\04-17-2017\Final\7.8 sr Pipe Portfolio EV.docx <br />