Laserfiche WebLink
REQUEST FOR COUNCIL ACTION <br /> Date: 7/8/13 <br />Item No.: 7.f <br />Department Approval City Manager Approval <br />Item Description: Approve 2288 County Road C (NuStar) Encroachment Agreement <br />Page 1 of 1 <br />B ACKGROUND 1 <br />NuStar Energy own the tank farm located at 2288 County Road C, south of County Road C and 2 <br />west of Long Lake Road. Along their east property line, in the Long Lake Road right- of- way, 3 <br />there is a concrete retaining wall that was constructed by the property owner in the 1970s. This 4 <br />wall is need of replacement. 5 <br />The owner is seeking approval to reconstruct the retaining wall in the City right- of- way. We 6 <br />have worked with them on the design of the replacement wall. It will be constructed of 7 <br />segmental block and located 5 feet behind the curb so that it will not interfere with the operation 8 <br />and maintenance of the public right- of- way. 9 <br />We have drafted an encroachment agreement with the property owner for a “private facility” 10 <br />encroaching on the city right- of- way. 11 <br />P OLICY O BJECTIVE 12 <br />The agreement indemnifies the City from any damages to the property owner’s property due to 13 <br />the regular use of the public right- of- way. It also requires the property owners to assume 14 <br />responsibility for the cost of reconstruction of the wall should the City need to work in the right- 15 <br />of- way or use the full width of the Long Lake Road right- of- way.16 <br />F INANCIAL I MPACTS 17 <br />There is no public financial participation requested.18 <br />R EQUESTED C OUNCIL A CTION 19 <br />Motion approving 2288 County Road C (NuStar) Encroachment Agreement. 20 <br />21 <br />Prepared by: Debra Bloom, City Engineer <br />Attachments: A: Encroachment Agreement <br /> B: Location map <br />C ty y y y y y y y y y y aageppov