2024 Temp Consent to Improvements Xcel Valley ParkReceipt:# 955205
CONS $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
Document Number
3655798
ll IIl llI llI 1IIII I11 llI IIII Il
Recorded on: 12/11/2024 9:01 AM
By: TMB, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
RETURN TO: Xcel Energy
Siting & Land Rights, Seth Wight
414 Nicollet Mail, 06
Minneapolis, MN 55401
(RESERVED FOR RECORDING DATA)
CONSENT TO IMPROVEMENTS
Line No. 0808/5577 Section 28, Township 28, Range 23 City of Mendota Heights
THIS CONSENT TO IMPROVEMENTS (this "Consent"), dated the c! .iT�, day of ce n, 2024, is made by
and between The City of Mendota Heights, their heirs, successors, and assigns ("Requestor") and Northern States Power
Company, a Minnesota Corporation, herein referred to as "Xcel Energy", having an office and place of business in the
City of Minneapolis, County of Hennepin, State of Minnesota.
WITNESSETH
WHEREAS, Xcel Energy obtained certain rights to construct and maintain facilities for the distribution and
transmission of electrical energy in, over and across the following described property owned by Requestor (the
"Premises"), by that document dated January 231, 1959 and recorded on the 91h day of September, 1963 in Book 261 of
Deeds, pages 335-336, as Document No. 231433 (the "Easement").
Premises: That part of Lot 3, Auditors Subdivision No. 2, according to the recorded plat thereof, Dakota County
Minnesota lying east of Interstate Highway No. 35E.
All of Government Lot 10, Section 23, Township 28 North, Range 23 West, Dakota County, Minnesota lying east of
Interstate Highway No. 35E
That part of Government Lot 8, Section 23, Township 28 North, Range 23 West, Dakota County, Minnesota, lying
westerly of that part of said Lot 8 now platted as Park Place, according to the recorded plat thereof and lying
southerly of the north 280.60 feet of said Government Lot 8.
WHEREAS, Requestor has applied to Xcel Energy for permission to use a portion of the Easement for grading for
the INTERSTATE VALLEY CREEK STABILIZATION & WATER QUALITY BMP PROJECT purposes, hereinafter
reffered to as (the "Easement Area'). The Easement Area affected by this Consent is shown on Exhibit `B", attached
hereto.
I of 4
NOW THEREFORE, in consideration of the promises exchanged herein, the parties for themselves and their
respective successors and assigns agree as follows:
1. Xcel Energy consents to Requestor's use of the Easement Area for the purposes described in Exhibit "A",
attached hereto and made a part hereof, subject to Requester's strict compliance with the terms set forth herein.
2. The Requestor acknowledges that it has inspected the Easement Area and determined it to be suitable for the
uses described in Paragraph 1 above. Requestor agrees that it is not relying on any oral or written representation
of Xcel Energy concerning the Easement Area (including but not limited to dimensions, soil conditions,
environmental conditions, and municipal restrictions, or use by adjoining or third parties).
3. No future work shall be conducted on the Easement Area until Requestor has received written approval from
Xcel Energy. As a condition to approval, Requestor shall submit detailed plans of the work and a description of
work procedures. Xcel Energy's approval of any work or work procedures merely indicates its consent to the
proposed activities and does not constitute a representation or warranty concerning the suitability, prudency,
effectiveness, or propriety of the proposed activities.
4. Requestor agrees that within thirty (30) days of Xcel Energy's submittal of an invoice, Requestor shall
reimburse Xcel Energy for its reasonable expenses to review any request for work (including but not limited to
costs for administrative review, engineering and field inspection).
5. Prior to commencing work, Requestor shall designate a representative who will supervise the work, be present
during all work, and be authorized to control and, if necessary, suspend the work.
6. Requestor shall immediately suspend its work if requested by Xcel Energy. If suspension is required due to
Requestor's failure to strictly comply with the terms of this Consent, upon such suspension the parties shall
consult in an effort to cure such noncompliance so that the Requestor may resume its activities.
7. Requestor shall not at any time use or store any pollutant or hazardous material within the Easement Area, and
shall at all times maintain the Easement Area in a safe and lawful condition.
8. Requestor shall, at its sole cost and risk, obtain all permits, consents or approvals required for its occupancy and
use of the Easement Area. Upon Xcel Energy's request, Requestor shall provide evidence reasonably
satisfactory to Xcel Energy that all required consents or pen -nits are in force for Requester's use of the Easement
Area.
9. As part of Xcel Energy's business operations, Xcel Energy shall have the right, at any time and without liability
or compensation to Requestor, to use the Easement Area to install, use, repair, maintain, relocate or remove
facilities that presently exist or may in the future be located within the Easement Area.
10. LIMITATION OF LIABILITY• INDEMNITY. Requestor shall indernnify, defend and hold Xcel Energy, its
agents, employees, and affiliates harmless from any cost, liability, damage, loss, claim, action or proceeding
whatsoever for injury to persons (including death) or damage to property which may arise from or be claimed to
have arisen from Requestor's exercise of the rights granted in this Consent. Requestor, on behalf of itself, its
successors, assigns, and representatives, hereby releases Xcel Energy from any liability for damages incurred by
Requestor, its successors, assigns, representatives, employees, agents, or those under its control arising from (1)
Xcel Energy's use and improvement of the Easement Area for its business purposes, (2) the existing condition of
the Easement Area, (3) Xcel Energy's future installations, (4) Xcel Energy's actions reasonably necessary to
protect its property during emergency conditions, or (5) Xcel Energy's exercise of its rights to remove
improvements, grading or other work installed within the Easement Area by or on behalf of Requestor without
Xcel Energy's prior approval.
2 of 4
IL Unless otherwise provided for as part of the conditions for approval, throughout the time Requestor is
conducting work on the Easement Area, Requestor shall insure that any contractor conducting said work shall
maintain and provide evidence to Xcel Energy of insurance coverage at least equivalent to the following or
Requestor shall provide, at Requestor's expense, the following coverage:
a. Worker's Compensation at statutory limits with Employers Liability coverage of at least $100,000
limits if such party is at any time during the term of this Consent subject to the requirements of any
applicable law governing worker's compensation.
b. Comprehensive General Liability Coverage, (including blanket contractual liability) against claims for
bodily injury, death and property damage, including environmental damage, arising out of such party's
operations, affording combined single limit protection of One Million Dollars ($1,000,000) with respect
to personal injury or death and property damage, including environmental damage.
All policies shall be endorsed to (1) name Xcel Energy its directors, officers, employees and affiliates as
additional insured with respect to any and all bodily injury and/or property damage, and (2) to require thirty (30)
days written notice be given to Xcel Energy prior to any cancellation or material changes in the policy.
[The balance of the page is left intentionally blank]
3 of 4
IN WITNESS WHEREOF, the parties have caused this Consent to be executed on the date aforementioned.
REQUESTOR:
ZZ
Name:" Step �anie B. Levine; �fayor
Nam ancy uer, City Clerk
STATE OF M tl ru �b IA )
ss.
COUNTY OF Imo_ k o_(o, )
NORTHERN STATES POWER COMPANY,
a Minnesota torpor n
Peter D. Gitzen, Manager
Siting & Land Rights
Xcel Energy Services Inc.
an Authorized Agent for
Northern States Power Company
The foregoing instrument was acknowledged before me this 4" day of 2024, by
Stephanie B. Levine, Mayor, Nancy Bauer, City Clerk.
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Notary Public
My Commission Expires: 0 j
The foregoing instrument was acknowledged before me this r, � day of ["1 t f'41 112024, by Peter D. Gitzen,
Manager, Siting and Land Rights, Xcel Energy Services, Inc., as an authorized a ent for Northern States Power Company, a
Minnesota corporation, on behalf of the corporation.
(Stamp) Afl�
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This Instrument Drafted By: Seth Wight, an employee of Xcel Energy, 414 Nicollet Mall, Minneapolis, MN 55401
4of4
ATTACHED TO AND MADE A PART OF CONSENT TO IMPROVEMENTS
DATED , 2024, BETWEEN
XCEL ENERGY and The City.of Mendota Heights
EXHIBIT "A"
SCOPE OF PROJECT.
This project consists of creek stabilization and water quality management project along lines 0808/5577 (115 kV) between
STR's 22-23 and STR's 24-25. The project involves excavation for a proposed infiltration basin and grading/profile adjustment
of an existing creek within the easement of Transmission lines 0808 and 5577. The proposed project meets Xcel Energy's
standards, provided the following conditions are adhered to:
(1) Excavation close to structure location.
A minimum distance of 20 feet of supported earth must be maintained from any part of the line structure. Support
of the ground beyond the 20 feet inay be provided by a slope no greater than three feet horizontal to one foot vertical.
Support may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. The specific plan for
providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy
for review and approval prior to construction start.
(2) Grade change around structure location.
Fill around or above the structure is not permitted. The grade around the structures must provide for surface water
runoff— no surface water ponding around structures will be permitted. Any cost related to the adjustment of Xcel
Energy's facilities will be at the requestor's expense.
*Grading Plans "IVC DA167782 PLANS - 60%_STR 22-23 BASIN GRADING" have been reviewed and
approved.
(3) Grade change within easement.
The ground elevation within the Easement Area shall not be increased above the existing grade. Stockpiling of soil
and/or material within the Easement Area will not be permitted. Any proposed grade changes required for the site
driveway must be reviewed and approved by Xcel Energy prior to the start of construction.
(4) Clearances to equipment and workers — Transmission Lines 0808/5577 115 kV
Any construction activities occurring near the transmission line(s) shall comply with all OSHA Safety Clearances.
If these clearances cannot be maintained, the contractor or developer must request a line outage by calling Xcel
Energy's System Operations Department. Outages are not guaranteed. If an outage is possible, adequate advanced
notice must be provided in order to schedule the line outage.
• The applicable clearance value for Cranes & Equipment from Table I below, according to the specific voltage, is
required at all times between the energized electrical conductors and any cranes or equipment used in construction
activities.
• The applicable clearance value for Unqualified Workers from Table I below, according to the specific voltage, is
required at all times between the energized electrical conductors and construction workers.
Disclaimer:
Ultimately, it is the responsibility of the worker to verify the provided OSHA clearances are current and accurate,
and to adhere to such clearances. Xcel Energy accepts no liability for any incorrect or out of date clearances values,
or misuse of the clearance values.
OSHA Website: hops://www.osha.gov/laws-regs/regulations/standardnumber
Table 1: Minimum approach distances for equipment and unqualified workers performing
work near power lines
Maxinaurn System Operating
Vol tagee
Unqualified
(V = Volt..,.kV =Kilovolts)
Cranes & EDo" Work-
WorkenW. '
Operator
Qualified
Qualified°
-
Requirements
Minimum
Proximity alarm, or
Mark
-
Safeguards
unqualified spotter, or
Boundarye, r
range control devices
up to 750 V
10'-0"
20'-0"
10'-0"
up to 50 kV
10'-0"
20'-0"
10'-0"
69 kV
15'-0"
20'-0"
10'-9"
115 kV
151-0"
20'-0"
12'-5"
138 kV
15'-0"
20'-0"
13'-3"
161 kV
15'-0"
20'-0"
14'-0"
230 kV
20'-0"
20'-0"
15'-5"
345 kV
20'-0"
20'-0"
20'-5"
500 kV
25'-0"
50'-0"
26`-9"
Table 1 Footnotes:
a Operating voltage may be AC or DC, phase -to -phase, or phase -to -ground. An unqualified worker is not
expected to he able to distinguish.
b Per OSHA Table A, 29 CFR 1926.1408.
e Must be qualified per OSHA 29 CFR 1926.I408(g).
d Must meet requirements per OSHA 29 CFR 1926.1407 and OSHA 29 CFR 1926.1408(b), use one of the
following: (1) a proximity alarm, (2) a dedicated spotter, (3) a device that automatically warns the operator
when to stop movement, such as a range control warning device, (4) a device that automatically limits range
of movement, set to prevent encroachment, or (5) an insulating link/device.
e Per OSHA 29 CFR 1926.1408(a)(2)(ii), and 1926.1409(a), use minimum controls boundary
f Per OSHA 29 CFR 1926.1408 (a)(1)(i), mark boundaries at or outside your MAD with items such as flags or
range limit/range control warning devices. The operator must not operate the crane beyond those boundaries.
g This includes any worker not in a vehicle, such as workers performing work on the ground, or on elevated
platforms or scaffolding. Includes allowance for worker's reach and reach with conductive objects.
h Clearance values determined according to OSHA 1910.333(c)(3)(i)(A)(2).
The OSHA requirements in this section must be included on the plan sets and specifications given to contractors.
(5) Building on easements.
There shall be no additional permanent or temporary buildings allowed within the easement area, without prior
written approval from Xcel Energy.
(6) Fuel and refueling on easements.
There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement.
(7) Streetlights and signs on easements.
If there are to be streetlights, signboards, identification signs or any other Type of non -building structure within the
easement, detailed plans must be submitted to Xcel Energy prior to construction for review and approval to verify
compliance with electrical code clearances prior to construction start.
Metallic structures must be properly grounded. The same working clearance criteria as stated in paragraph (4) also
applies, for equipment used to erect and install light standards, sign hoards, etc. Any metallic structure, pole, wire
or item placed in the vicinity of a high -voltage transmission line will have the potential to become electrically charged
due to electrical induction. The development of an electric charge results in a potential difference between the metal
installation and the ground, which can result in electrical shocks when the item is touched. Placement of such metallic
installation should take into consideration the shock potential during the; construction, intended use AND future
maintenance activities. Items which become charged must be connected to a grounding rod or grounding system to
prevent shocks.
(8) Notification.
Prior to the start of construction and following project completion, the requester or contractor must notify Xcel
Energy. Please contact Seth Wight at (612) 342-8926, or by email at seth.i.wightna,xcelenergy.com
It is the express condition of this consent that all other terms and conditions of that certain easement shall remain in full force
and effect.
NOTICE REGARDING LIMITATION OF LIABILITY: Requester understands and agrees that pursuant to the
foregoing consent provisions, Xcel Energy is not liable for any damages it or any other party may cause to the improvements
authorized herein.
(Line 0808/5577: Str.22-25)
EXHIBIT"B"
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& WATER QUALITY SMP PROJECT PRaJECT ACCESS AHO GEAtEIiAL LOCAT[ON pLgN 9
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