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' M � ./ y <br /> } � ♦ <br /> � C ITY OF ORONO <br /> � � Street Address: Mailing Address: Telephone(952)249-4600 <br /> y�, � 2750 Keliey Parkway P.O.Box 6b Fax (952)249-4616 <br /> , ! F�' Orono,MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us <br /> \kFstio� <br /> Property Owner: Mark and Polly Kieper September 29,2015 <br /> Property Address: 2695 Kelly Avenue <br /> Orono,MN <br /> Easement Acquisition Memorandum of Understanding <br /> 1.Purpose. The purpose of the this docuxnent is to outline the general understanding between the Property owner <br /> and the City of Orono regarding the acquisition of the required easements for the Kelly Avenue Storm Sewer <br /> Outfall Project. Specifically,it is intended to address the unique landscaping items associated with the <br /> construction of the culvert. <br /> 2.Framework. The installation of a new culvert under Carmen Road and down to Lake Minnetonka requires the <br /> acquisition of easements from the property owners. As the installation of the new culvert will be completed using <br /> an open trench method, some of the existing landscaping and in particular trees will be i�ipacted. Every effort <br /> will be made by the City and the City's contractor to preserve as much of the existing landscaping and trees as <br /> possible. In areas where the landscape must be disturbed,the City will make every effort to restore the <br /> landscaping to match its pre-construction conditions in accordance with the construction items and special <br /> condition listed below. <br /> 3.Construction Items and Special Conditions. <br /> a.All disturbed grass areas on private property will be restored with sod or seed and turf blanket by the City. <br /> b. All landscaping plantings on private property removed due to construction will be replaced with a like plant <br /> by the City. <br /> c.All trees removed from or damaged on private property will be replaced by the City with 2"caliper trees. <br /> The tree type will be selected by the Property Owner. <br /> d. Any private irrigation, drainage or landscape lighting systems impacted will be repaired or replaced by the <br /> City with like items. <br /> e. In the event a Landscaping item cannot be sited to the pre-construction location,new location will be <br /> selected in consultation with the property owner. <br /> 4.Acceptance. The condition,understanding and methodologies outlined herein are acceptable. Moreover,it is <br /> agreed these understanding will form the basis of all forthcoming actions required regarding property and <br /> easement acquis�tion, cox�stru�:tian and cor:ipensation. Finally, should it be r�ecessary to modify the condition, <br /> understandings or methodologies contained herein due to circumstances yet unforeseen, such modification will be <br /> completed by mutual agreement of the parties hereto through an agreement instrument of mutually agreed upon <br /> ioTTTl <br /> City of Orono Project Representative: <br /> /l p�T �� <br /> Adam T. Edwards,P.E. Date <br /> City Engineer/Director of Public Works <br /> Property O ner: <br /> IO / � r� � �d� � �-- �.� <br /> eper Date Polly Kie Date <br />