HomeMy WebLinkAbout22-18 - ADMIN Resolution - Economic Development Authority - 2022/06/06EDA Resolution No. 22-18
Resolution amending an easement agreement with the
Metropolitan Council in connection with the Southwest
Light Rail Transit Project (Green Line Extension)
Whereas, the City of St. Louis Park (the “City”) and the St. Louis Park Economic
Development Authority (the “EDA”) have been working with the Metropolitan Council, host
cities, public agencies and public transit funders to plan for the Southwest Light Rail Transit
Project (the “Project”); and,
Whereas, the Project is an approximately 14.4-mile extension of the METRO Green Line,
which would operate from downtown Minneapolis through the cities of St. Louis Park, Hopkins,
Minnetonka, and Eden Prairie; and
Whereas, the City residents, businesses, and workers will benefit from the Project
because it will provide an attractive transportation option for residents and workers, and
increase redevelopment opportunities in the City, potentially strengthening the City’s tax base
and expanding employment opportunities; and
Whereas, the Metropolitan Council, as part of its Project planning and design
responsibilities, has identified properties and rights-of-way that are needed for the
construction and operation of the Project; and
Whereas, the EDA has entered into a preliminary development agreement (the “PDA”)
with Wooddale Station LLC, a Minnesota limited liability company, as developer (the
“Developer”) for an development near the Wooddale Station light rail station and in connection
therewith, the Developer intends to acquire certain property owned by the EDA; and
Whereas, in connection with the Project, Hennepin County Regional Railroad Authority
(the “HCRRA”) previously approved and authorized the grant and conveyance of a temporary
construction easement and a permanent transit and utility easement as further described in the
Easement Agreement, dated May 16, 2017, (collectively, the “Original Easement Agreement”)
executed by the HCRRA, as grantor, and Metropolitan Council, as grantee, to enable the
grantee to construct, operate, and maintain a light rail transit system over certain property
owned by the HCRRA (the “Property”); and
Whereas, following execution of the Original Easement Agreement, the EDA acquired
title to the Property and the Developer intends to acquire the Property from the EDA as
contemplated by the PDA; and
Whereas, the parties have determined that the legal description of the easement area
needed to be updated to include an unintentionally omitted portion and to re flect the
Property’s re-platting; and
Whereas, the EDA’s Board of Commissioners (the “Board”) is now presented with a
form of an Amended and Restated Easement Agreement (the “Amended and Restated
Easement Agreement”), between the EDA, the Metropolitan Council, and consented to by the
DocuSign Envelope ID: 2FEDDF4B-154A-4EA5-94B5-7C6A4AAEF4B5
EDA Resolution No. 22-18 2
Developer, which amends and restates the Original Easement Agreement to update the
easement area; and
Now therefore be it resolved, after due consideration, that the EDA hereby approves
and authorizes the amendment of the original easement as further described in the Amended
and Restated Easement Agreement; and
Now therefore be it resolved, that the EDA authorizes the execution of said Amended
and Restated Easement Agreement by the President and the Executive Director and the
approval hereby given to the Amended and Restated Easement Agreement includes approval of
such additional details therein as may be necessary and appropriate and such modifications
thereof, deletions therefrom and additions thereto as may be necessary and appropriate and
approved by legal counsel to the EDA and by the officers authorized herein to execute said
documents prior to their execution; and said officers are hereby authorized to approve said
changes on behalf of the EDA. The execution of any instrument by the appropriate officers of
the EDA herein authorized shall be conclusive evidence of the approval of such document in
accordance with the terms hereof. In the event of absence or disability of the officers, any of
the documents authorized by this resolution to be executed may be executed without further
act or authorization of the Board by any duly designated acting official, or by such other officer
or officers of the Board as, in the opinion of the City Attorney, may act in their behalf
Reviewed for administration: Adopted by the Economic Development
Authority June 6, 2022
Karen Barton, executive director Margaret Rog, president
Attest:
Melissa Kennedy, secretary
DocuSign Envelope ID: 2FEDDF4B-154A-4EA5-94B5-7C6A4AAEF4B5