Agenda - Council - 12/16/2003 - Laserfiche WebLink

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DRAFT AGREEMENT REGARDING RIGHT OF WAY USE FOR ELECTRICAL UTILITIES THIS AGREEMENT REGARDING RIGHT OF WAY USE FOR ELECTRICAL UTILITIES is entered into this __ day of December, 2003 by and between Connexus Energy, a Minnesota cooperative corporation ("Connexus"), the City ofRamsey, a Minnesota municipal corporation ("the City") and Ramsey Town Center LLC, a Minnesota limited liability company ("RTC"). RECITALS: A. RTC is the owner and developer of the property located in the City of Ramsey, County of Anoka, Minnesota, described in Exhibit A hereto, commonly referred to as Ramsey Town Center ("the Property"). B. Pursuant to a Master Development Agreement entered into between the City and RTC on September 17, 2003, the Property is intended to be developed to include residential, commercial, educational, governmental, and other uses. developed. Connexus intends and has agreed to provide electricity to serve the Property, as D. In order to most adequately provide such electrical services, it is necessary for Connexus to place certain express and/or distribution feeders within the Property. E. The parties have agreed that the most appropriate location for the installation of the distribution feeders may be within and/or adjacent to the portion of the Property to be dedicated, when platted, as Civic Center Drive, as shown on the rendering attached hereto as Exhibit B. F. Connexus has agreed that upon the confirmation of its rights to install the distribution feeders within Civic Center Drive as specified in this Agreement, it will release certain confined and unconfined easements that it now holds covering portions of the Property. IT IS AGREED: 1 ) Grant of Right to Install Electrical Facilities in Right of Way. The City and RTC hereby grant to Connexus the right, permission, and license to install express and/or distribution feeders and related equipment, (hereafter "Electrical Facilities") in the right of way to be platted as Civic Center Drive to supply electrical service to the Property, as reflected in the alternative configurations set out in Exhibit B. The placement of any above ground electrical apparatus or facilities will be subject to the prior written approval of RTC. Except as otherwise provided in this Agreement, the express and distribution feeders will be installed underground. 2) Grant of Access to Electrical Facilities From Right of Way. If an alternative is selected for the placement of Electrical Facilities that is not within the Civic Center Drive right of way, the City hereby grants Connexus the right, permission, and license to the unsurfaced 121084828v4820716 12/8/03 4:15p.m.