HomeMy WebLinkAbout86-194 - ADMIN Resolution - City Council - 1986/11/17(See also Contract 1779)
RESOLUTION NO. 86-194
A RESOLUTION GRANTING TEMPORARY ACCESS
TO CITY EASEMENTS FOR CONSTRUCTION
PENDING FINAL ENACTMENT OF
EASEMENT VACATION
WHEREAS, Petitioner Dayton -Hudson Corporation (hereinafter
"Petitioner") owns certain real estate described in the enclosed
Agreement between Petitioner and the City on which the City has
certain easements; and,
WHEREAS, Petitioner has agreed to pay the City a sum of Twenty
Two Thousand Eight Hundred Dollars ($22,800.00) for vacation of said
easement; and,
WHEREAS, the City Council has held its first reading of the
Vacation Ordinance which would vacate said easements; and,
WHEREAS, the second reading and final passage is scheduled for
December 15, 1986; and,
WHEREAS, the Petitioner and the City mutually wish to provide
for interim access for construction purposes on said easements
without waiver of rights by either party; and,
WHEREAS, Petitioner has paid the sum of Twenty Two Thousand
Eight Hundred Dollars ($22,800.00) in escrow for benefit of the City
subject to passage of the Vacation Ordinance.
BE IT RESOLVED BY the City Council of St. Louis Park:
1. The City Manager and Mayor are hereby authorized to execute
the Interim Access Agreement and Escrow Agreement attached hereto
Adopted by the City Council November 17, 1986
Reviewed by administration:
ty Manager
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Approv s to form and legality:
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y orney.
Dated:
Parties:
INTERIM ACCESS
AGREEMENT
November , 1986
Dayton -Hudson Corporation ("Petitioner")
and
City of St. Louis Park ("City")
Recitals:
A. 'Petitioner owns the real estate situated in the
City of St. Louis Park, Hennepin County, Minnesota
described as follows:
Lot 1, Block 1, Park Center,
according to the recorded
plat thereof, except that
part thereof contained within
Parcel 2 and Parcel 3 of
Minnesota Department of
Transportation Right -of -Way
Plat No. 27-11;
B. Petitioner's real estate is burdened by certain
•easements in favor of the City for slope,
pedestrian, and underground utilities which
easements were granted to the City by deeds
recorded in the office of the Hennepin County
Recorder as Documents No. 4047694, 4168663, and
4202885;'
C. Petitioner has filed a petition with the City
Council requesting that such easements be vacated
and released as to Petitioner's real estate;
D. Petitioner has agreed to pay to City the sum
of $22,800.00 representing the agreed value of
such easements.
E. The City Council has held its first reading of
the vacation ordinance which would vacate such
easements, and the second reading and final passage
of such ordinance is scheduled for December 15,
1986.
F. City and Petitioner wish to provide for interim
access upon such easements for construction by
Petitioner.
NOW, THEREFORE, in consideration of the foregoing
and the mutual covenants of the parties, it is agreed:
1. City will take all steps necessary for final
adoption of the ordinance vacating such easements
as they lie within Petitioner's real estate,
subject to matters which may be brought to the
City's attention at the public hearing scheduled
for December 15, 1986.
2. The parties stipulate that the value of such
vacated easements is the sum of $22,800.00 which
Petitioner does herewith deposit in escrow pursuant
to an Escrow Agreement of even date herewith.
3. Pending final approval of the vacation ordinance,
Petitioner is hereby granted free and full access
to its real estate, including the areas burdened
by such easements, for construction activities
in accordance with plans which have heretofore
been approved by the City.
2
4. It is intended by the parties that upon final passage
of the vacation ordinance Petitioner's real estate
shall no longer be burdened by such easements and
that such easements shall no longer impair Petitioner's
ability to construct improvements on and have the
full and lawful use of its real estate.
In witness whereof, the parties have executed this Agreement.
DAYTON -HUDSON CORPORATION CITY OF ST. LOUIS PARK
By By 'Vs/V.
Its