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HomeMy WebLinkAbout04-147 - ADMIN Resolution - City Council - 2004/12/06RESOLUTION NO. 04-147 A RESOLUTION APPROVING AN EASEMENT AGREEMENT WITH PARK ASSEMBLY OF GOD CHURCH FOR PONDING, TRAIL, UTILITY AND DRAINAGE PURPOSES WHEREAS, the Church is amenable to granting the City a permanent easement for trail, drainage, and ponding purposes over a portion of their property as described in the attached agreement; and WHEREAS, the City requires the easement to construct an addition to the existing storm water holding pond known as Lamplighter Pond; and WHEREAS, plans for this improvement have been designed and approved by the City Council at their December 6, 2004 meeting NOW, THEREFORE BE IT RESOLVED, that the City Council of St. Louis Park, Minnesota, authorizes the Mayor and City Manager to execute this agreement (attached) on eh'alf of \he City, subject to final review by the City Attorney Revi e�rii WICaissim City 7n.rer Administration. Attest: C y Clerk Ado ted b the 'ty Council December 6, 2004 Mayr Resolution No 04-147 -2- EASEMENT AGREEMENT THIS AGREEMENT made this 6th day of December, 2004, by PARK ASSEMBLY OF GOD of St. Louis Park, Minnesota, a Minnesota non-profit corporation, the Grantor, hereinafter referred to as "Church", and the CITY OF ST. LOUIS PARK, a municipal corporation organized under the laws of the State of Minnesota, the Grantee, hereinafter referred to as "City". The parties agree as follows: 1. The Church grants to the City a permanent easement for trail, drainage and ponding purposes over the property described on Exhibit A hereto ("easement property"), including the rights of the City, its contractors, agents, servants, and assigns, to enter upon the easement property at all reasonable times to construct, reconstruct, inspect, repair, and maintain said public trail, drainage and ponding systems over, across, on, under, and through the easement property, together with the right to grade, level, fill, drain, pave, and excavate the easement property, and the further nght to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said public facilities. 2. The Church will retain fee ownership of the easement property. The Church intends to combine through a platting process the property at 1615 Texas Avenue, 1461 Texas Avenue, 7901 18th Street West, and a portion of the le Street public right-of-way, to be vacated by the City, in such a manner so that all properties constitute a single, contiguous parcel. If the City cannot vacate all of the 16th Street right-of-way that is within the footprint of the Church's driveway access to Texas Avenue, an ingress and egress easement will be provided to the Church over the part of the right-of-way that is not vacated. 3. The City will remove and dispose of the large cottonwood trees located in the 16th Street right-of-way in the vicinity of Texas Avenue, as well as a cottonwood tree located immediately east of the Church property. 4. The Church agrees to grant a utility easement through the property located at 7901 18th Street West to accommodate the relocation of utilities from the 16`h Street public right-of-way as part of the platting process. 5. The City of St. Louis Park will pay for all costs associated with surveying, preparation, and filing of required easements, combining properties by the platting process, vacating the nght-of-way, and preparing and executing other documents or drawings that are necessary to accommodate the pond expansion. The City will also reimburse the Church for the costs it has incurred relating to the property acquisition discussions and efforts that have taken place over the past years including costs associated with having their engineers, attorneys, and planners review the concept plans and legal documents provided throughout this process. The City's total reimbursement to the Church for all the costs described in this paragraph will not exceed $10,000. Resolution No. 04-147 -3- 6. The City will construct as part of this project ,and reserve for the Church, up 1111 to 0.25 acre feet of compensatory floodplain storage. 7. The City may utilize the vacated 16th Street nght-of-way alignment for construction vehicle access to the Lamplighter Pond from Texas Avenue. Any damage to the Church driveway from Texas Avenue as a result of moving trucks in and out of the pond during construction along this alignment will be repaired upon completion of the project. 8. The City will provide the Church with copies of drawings and calculations showing the design of the Lamplighter Pond project, as prepared by registered land surveyors and civil engineers, which show the flood plain elevation level on all church property. 9. The City agrees to indemnify the Church from any claims against it arising solely and exclusively from the City's ownership and operation of the trail and pond and not involving any wrongful conduct by the Church, its agents or contractors. This Agreement shall run with the land and may be recorded in the Hennepin County Recorder's Office. IN WITNESS WHEREOF, the parties have signed this Agreement on the date first wntten. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK By: Jeffrey W. Jacobs, Mayor By: Thomas K. Harmening, City Manager PARK ASSEMBLY OF GOD CHURCH of St. Louis Park, Minnesota By: Its: The foregoing instrument was acknowledged before me this day of , 2004, by Jeffrey W. Jacobs and Thomas K. Harmening, the Mayor and City Manager of the City of St. Louis Park, a Minnesota municipal corporation, on its behalf. Notary Public Resolution No. 04-147 -4- STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss The foregoing instrument was acknowledged before me this day of 2004, by the of Park Assembly of God Church of St. Louis Park, Minnesota, a Minnesota non-profit corporation, on behalf of said corporation Notary Public THIS INSTRUMENT DRAFTED BY: Campbell Knutson (TMS) Professional Association Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 TMS/cj h Resolution No 04-147 -5- EXHIBIT "A" TO EASEMENT AGREEMENT A permanent easement for ponding, trail, utility and drainage purposes over, under and across that part of the Northwest Quarter of the Southwest Quarter of Section 5, Township 117, Range 21, lying South of the most southerly line of the plat of Turf and Paddock, and its Easterly extension, East of the plat of Texas Terrace Third Addition and West of the Westerly right-of- way line of Pennsylvania Avenue, except the West 570 feet of the East 600.00 feet of the South 25.00 feet thereof, and which is a portion of the following described property Beginning at the Southwest corner of Block 1, Texas Terrace 3rd Addition, then East to the Southeast corner thereof then North to the Northeast corner thereof, then East along the South line of Turf and Paddock and its Easterly extension to the East line of the NW 1/4 of the SW 1/4 then South to the Southeast corner thereof, then West along the South line thereof to the Easterly line of Texas Avenue then Northerly along said Easterly line to the beginning, except the South 25 feet of the East 600 feet thereof and except road.