5.3. ERMUSR 01-15-2008~j
Elk River
Municipal Utilities
13069 Orono Parkway • P.O. Box 430
Elk River, MN 55330-0430
January 7, 2008
To: Elk River Municipal Utilities Commission
Jerry Takle
Jerry Gumphrey
Jim Tralle
From: Bryan Adams
Subject: Elk River United Methodist Church
Phone: 763.441.2020
Fax: 763.441.8099
At the December 11, 2007 Elk River Municipal Utilities Commission meeting we discussed the
abandonment of water services by Elk River United Methodist Church. Staff was directed to
draft an agreement reflecting our discussion.
Staff drafted a proposed agreement which was reviewed by Ron Black, our attorney. The
attached agreement is a result of this discussion. In reviewing the notes from our December 11,
2007 board discussion, it was not clear if the affected lots are the three the church already
purchased (colored yellow on drawing) or all of the lots in that block the church intend to
purchase at a later date. The proposed agreement reflects only the three lots the church now
own. The reason is we should not be granted exceptions to our policy when the event has not yet
occurred. The Church has not yet purchased the other lots.
I would caution the commission on further expanding the exception to this policy for it
established a dangerous precedence for future properties. For the case in hand, the purchase
price of the future lots can reflect the cost of properly abandoning the water services.
The real danger of leaving abandoned services in place is high probability of being damaged by
contractors unaware of their presence. These water services are typically not located although
state regulations require water services constructed after January 1, 2007 be located in street
right-of--way. There are no homes on the lot to alert the contractor of a potential water or sewer
service. We have had two instances with contractors hitting improperly abandoned water
services on Main Street that created unnecessary conflict and unexpected expense for both the
property owner and contractor.
WATER SERVICE ABANDONMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of January,
2008, by and between Elk River Municipal Utilities ("ERMU"), and Elk River
United Methodist Church ("ERUMC").
RECITALS
1. ERMU provides water service to customers in the City of Elk River.
2. ERUMC is a water service customer of ERMU.
3. ERMU requires that all discontinued or abandoned water services be
removed by the property owner.
4. ERUMC owns three properties which contain discontinued or abandoned
water services.
5. Proper removal of the three discontinued or abandoned water services
requires the issuance of a street disruption permit by the City of Elk River.
6. Due to recent street improvements, the City of Elk River is refusing to
issue a street disruption permit for two of the discontinued or abandoned water
services.
NOW THEREFORE, in consideration of the foregoing premises and of the
mutual covenants and agreements herein contained, the parties agree as
follows:
1. De osit. ERUMC shall immediately deposit with ERMU the sum of
$2,500.00 as security for the removal of the discontinued or abandoned water
services located on three lots, identified as PID#75-409-0140, 75-409-0130 and
75-409-0120.
2. Removal of Water Service. ERMU, in its sole discretion, will remove the
water service at any or all of the three locations in the event of damage to the
service or leaks.
1
3. Maintenance of Deposit. ERUMC shall at all times maintain a deposit with
ERMU at the established rate (currently $2,500.00) until all three water services
are properly removed.
4. Use of Deposit Funds. The deposit shall be used to pay the cost of
removal of the water service.
5. Interest on Deposit. ERUMC shall not be entitled to interest on the
deposit.
ELK RIVER UNITED METHODIST CHURCH
By:
tYs:
ELK RIVER MUNICIPAL UTILITIES
By:
IYs:
Sherburne County, MN
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Date Created: 12/31/2007
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Dlselafiner. Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County
reserves the right to make additions, changes, or corrections at any time and without notice. Additionally, Sherburne County tlisclaims any and all liability for d@V@loped by
damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is C~L_ ~- The SChneld@r COIpOrBtiOr1
updated periodically. For the most current information contact the appropriate wunty department. a(:f.ll~~f www,6ChnalderCOrp.COm
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Last Data Upload: 12/29/2007 12:26:22 AM
Overview
P
Legend
Parcels
Plats
Roads
Townships
Dlsclalmer: Every attempt has bean made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County ~~ d@VBiOp@d by
reserves the right to make additions, changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims any and all liability for
damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is The Schneider Corporation
updated periodically. For the most current information contact the appropriate county department. ~Fx~eider www,schneiderCOrp.COR1