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Home My WebLink About6.f. Approval of Amendment to the Existing Access and Parking Easement Agreement between the City of Rosemount and Dakota County RosEmoLA N 1 EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: June 17, 2014 AGENDA ITEM: Approval of Amendment to the Existing Access and Parking Easement AGENDA SECTION: Agreement between the City of Consent Rosemount and Dakota County PREPARED BY: Kim Lindquist, Community Development AGENDA NO. Director ATTACHMENTS: Revised Exhibit A, Agreement APPROVED BY: OLU RECOMMENDED ACTION: Motion to Approve an Amendment to the Existing Access and Parking Easement Agreement between the City of Rosemount and Dakota County and Authorize the Mayor to Sign the Revised Agreement SUMMARY In 2007, the City and Dakota County entered into a joint powers agreement related to the Robert Trail Library. One of the terms of the agreement required execution of a cross-parking agreement for shared use of the parking lots on the library and northern city-owned site. An easement agreement between both parties was approved in 2009. With the redevelopment of the Steeple Center site, the City has requested that the cross-parking agreement be modified to reflect the changes in parking and development on the site. The developer does not want to participate in the agreement and therefore the City is proposing the agreement encompass the 31 stalls planned for the "city-owned"portion of the development. The change requires a modification to Exhibit A. The old Exhibit A will be replaced with the new site plan for the Steeple Center project. Additionally, the last sentence of Section 4. "Scope of Easement",paragraph A, should be replaced with"Each party will provide 31 spaces for use by the other party for event overflow purposes." The redevelopment plan also proposes installation of a connection between the existing library sidewalk in the northwest side of the building and the proposed sidewalk on the south side of the city property. This will increase the convenience for residents cross-parking and also pedestrians making trips to the library and activity center. CONCLUSION Staff is recommending approval of the revisions to the agreement to recognize the new development pattern on the Steeple Center site. The City and Dakota County will share 31 spaces for spillover parking per the new agreement. The stalls available will only be on the publically owned property. Modifications to the agreement are necessary to allow the redevelopment project to proceed.The County Board is scheduled to take action at their July 8, 2014 meeting. • i I ,,, Ix, ...,_, 1., tC -.1 — r tom• ' " S ri. ---'�i i r t s A H$" s k, -y` F" 0.a :.i. --; 0_ w �-Es it .t. 5'.. 9; r r r .. a - ,-- z R 999944tfftttti , .i s� s i k ,,tea„ �'Q' �. � t2 �^ ` \f-, Wad' , �� . �, `f � ;. �{�� a. 1 . ti'T H �' a 6 Ili r 0 ' i • j s b:x E 1 ��,j d\� ,t - o iiii w f I ' 1 gijkL, i ' c, ,‘,1 .4,-, - . al AT_, ,r -. it, . , 1 — ,ii ■ — •s� , _ ` °,lt i L �� w ��f£i I� �¢Egp � r F _ V ‘1 . .F g i 2 ate.. f s - - '- ------—i-,4;/1 - yki i t yi .c _ i'*Z liti r ' i y k 0 r INIIK,.. ' - / 4. .,1*. I Y Via" py ... .._ ......,---). 7'.;•- 1 Il, or,1 4 _.,.,,,,, L_ . 1 1 1 ets .1 i ". 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If li II 11 ; :1 P!1:1 11 1111111; 1!1 111 1:1 1 ; I; ii:IIIIIII K-1.?_, i 1 ] 1 L° i 7:::'7: - 1 1 11° 1' 1' 11 ill 111 1 Mi - 11 lil Iliq '1 11 111 ;a 1511 iT !?!9gililltill ! ;* 1 i 11 11 i 11 1 li 11:11 11 ;II!-IF :11 tgi ila RI 11 l'I.:1 gil P A 41 ail i'i ii!1°(1 a i 1 I 1 i A !I I; i Id 1. 11 1 1. I; ii . ig ligilli ;11 111 la! i! il 41111111115 ----h'MAli A AAg 2! A : : Al ° Om A" Am Illigi a ! .1 til 41 4A 'Ill 11 ;0 2R :111 W I; ! I 11 ! °I PR PI V 1 g 1?- il iixo gi 11:g,g .q i.-; I 1 it 1 it ' g r I fi§ I • 11 ; 1 ;' 1 A ; el 1 A m; - rli 1 '1 2gil 1 l'el 111 141 ;Id gg il a 111511 A 1 V -V gig qd 1 i;s11 1?(,)4 I lc i 11 11 II il 1 i ;1 K 1 1" 11 Ili! 1g 2 2 / X18 11F i 14 4,28111 el ;1 g;i Al 11 1 ;11;ii ; Itt d i li 4 e / 1 i ;11 1 !Mill l' Ili III 1;4 I; 11 illi 15141 e 4 1 2 elei 5° pi i ' up x=1 i 1 i 1 ii i ' a 4 momm- PPN ft •ei pilie ROSEMOUNT SENIOR LIVING .••• il 45 ='=1"' 0 go gi , iolgi . 1 1 k I ' - r' nillIg ROSEMOUNT,MN )7,C1Crd i IP,E0 The Makado Group,LLC -0 I 5407 EXCELSIOR BLVD,SUITE C MINNEAPOLIS,MN 55416 I, ■1 2693567 Receipt#: 69809 ABSTRACT FEE $0.00 Recorded on:11/2/2009 09:00:02AM By: TMC,Deputy Return to: DAKOTA COUNTY ATTORNEY'S OFFICE 1560 HWY 55 JUDICIAL BLDG Joel T.Beckman County Recorder HASTINGS,MN 55033 Dakota County,MN ACCESS AND PARKING EASEMENT AGREEMENT �c L4S`f' THIS AGREEMENT ("AGREEMENT") is made and entered into this I s-I-h day o yj 2009, by and between CITY OF ROSEMOUNT, a Minnesota municipal corporation ("City"), and COUNTY OF DAKOTA,a political subdivision of the State of Minnesota("County"). RECITALS: WHEREAS, City owns the real property located in the City of Rosemount, County of Dakota, State of Minnesota and legally described as Lot 1, Block 1, KILCUMRERAGH ADDITION (the "City Property");and WHEREAS, the County owns the real property located in the City of Rosemount, County of Dakota, State of Minnesota which is adjacent to the City Property and is legally described as Lot 2, Block 1,KILCUMRERAGH ADDITION(the "County Property"); and WHEREAS, City and County desire to create various reciprocal easements over, under and across the City Property and the County Property for access and parking purposes for the benefit of the City Property and County Property as provided herein(together sometimes referred to herein as the "Parcels"). AGREEMENT: NOW,THEREFORE,City and the County hereby agree that the City Property and County Property shall be forever occupied, held, sold and conveyed subject to and together with the private, perpetual and nonexclusive reciprocal easements hereinafter described (the "Easements"), which Easements shall run with the City Property and County Property as appurtenant thereto,and shall be binding upon and inure to the benefit of all parties having any right, title or interest in the County Property or City Property, or any part thereof, including, without limitation the respective Owner (as defined herein) of each of the Parcels and its successors and assigns: 342931v6 CBR RS220-238 1 1. Grant of Easements. The City and County hereby each grant and convey to the other a non-exclusive easement for the passage and parking of vehicles over and across the parking and driveway areas of the grantor's Property, as the same may from time to time be constructed and maintained for such use, and for the passage and accommodation of pedestrians over and across the parking, driveways an d s i dewalk areas of the grantor's Property,rtY� a as the same may from time to time be constructed and maintained for such use. The location of the Easement area, as initially constructed,is designated in the site plan attached as Exhibit A. 2. Definition of"Owner". For purposes of this Agreement,the term "Owner" shall be defined to mean one or more persons or entities holding a fee simple interest,or a vendee's interest,in either the City Property or the County Property, or any portion thereof, subject to this Agreement; provided, however, that the term "Owner" shall not include any holder of a lien secured by all or part of one or more of the Properties, unless and until such lien holder acquires ownership in fee by foreclosure,deed in lieu of foreclosure or otherwise. 3. Nature of Easements. The Easements created herein shall be appurtenant to the County Property and the City Property, as applicable, and any conveyance of fee title to the County Property or the City Property, or any portion thereof, shall be deemed to include a conveyance of the Easements that are appurtenant to the County Property or the City Property, as applicable, regardless of whether the Easements are specifically identified in the instrument of conveyance. Nothing contained in this Agreement shall be deemed a gift or dedication of any portion of the area of the Easements to the general public. 4. Scope of Easements. A. Use. The Easements shall be used subject to the terms of this Agreement, for the passage and use,both pedestrian and vehicular,for ingress,egress and access purposes on,over and across those portions of the City Property and the County Property as may from time to time be constructed and maintained for those uses. Except as provided herein, the Easements shall at all times be for the use and benefit of the Owners of the County Property and the City Property,as the case may be, and their heirs, administrators, legal representatives, successors, devisees, assigns, agents, employees, contractors, customers, guests, tenants, licensees, and invitees. Each Owner may reserve for the exclusive use of its employees,contractors,customers, guests,tenants,licensees and invitees a maximum of 25 parking stalls within the Easement area on its Property; each such stall must be designated by appropriate signage. B. No Barriers. The Owners of the Properties shall not erect, install or maintain any barriers, fences,walls, ditches,barricades or other structures or obstacles on or anywhere within the Easement areas which would burden or interfere with, impede, slow, divert or in any way prevent pedestrian or vehicular traffic from fully passing within, through or across the Easement areas. Each Owner reserves the right to temporarily erect or place barriers in and around areas on its Property which are being constructed and/or repaired in order to insure either safety of persons or protection of property. C. Relocation of Easement Areas. No Owner shall make changes to the Easement 342931v6 CBR RS220-238 2 area on its Property after its initial construction without the approval of the other Owner, except that each Owner hereby reserves the right, from time to time without obtaining the consent or approval of any other Owner, to make at its own expense any insignificant change, modification or alteration in the portion of the Easement area on its Property, including the installation of convenience facilities such as mailboxes, public telephones, bike racks, directional and/or parking information signs,provided that: (1) The accessibility of the Easement area for pedestrian and vehicular traffic (as it relates to the Property of the other Owner) is not unreasonably restricted or hindered. (2) No more than ten percent (10%) of the parking spaces depicted on the attached Exhibit A for such Property may be eliminated. (3) Any modification must be made in accordance with applicable zoning ordinances, and any modification may not result in the other Property being in violation of any applicable zoning ordinances. (4) At least thirty (30) days prior to making any such change, modification or alteration, the Owner desiring to do such work shall deliver to the Owner of the other Property copies of the plans for the work. 5. Installation.Maintenance and Repair. A. During County Ownership. For so long as the County is the Owner of the County Property, the Owners agree to divide the responsibility for maintenance, repair and replacement of the parking areas, driveways, sidewalks and landscaped areas on the Properties in accordance with paragraphs 4(e),(1), (m) and(n) of that certain Joint Powers Agreement for Acquisition of Land for Public Library in Rosemount, Minnesota, dated January 23, 2007, by and between the City of Rosemount and County of Dakota(the"Joint Powers Agreement"),which paragraphs are excerpted in the attached Exhibit B. B. After County Ownership. At such time, if any, that the County is no longer the Owner of the County Property, the provisions of this paragraph 5.B. shall govern. The Owner of the City Property shall be responsible, at its expense, for the installation and maintenance, repair and replacement (including without limitation, paving, repaving, sealcoating, striping of parking stalls, snow and ice removal and maintenance and repair of curbing, medians, and light poles} of the parking areas, drive aisles and associated curbing and lighting fixtures within the easement area on the City Property. The Owner of the County Property shall be responsible, at its expense,for the installation and maintenance, repair and replacement (including without limitation, paving, repaving, sealcoating, striping of parking stalls, snow and ice removal and maintenance and repair of curbing, medians, light poles and telephone booth} of the parking areas, drive aisles, and associated curbing and lighting fixtures within the easement area on the County Property. 6. Event Notices. Each Owner agrees to give written notice to the other of any event that is planned on the noticing Owner's property that is reasonably expected to demand use of parking on the other Owner's property. The notice shall be given at least 10 days in advance of the event, 342931v6 CBR RS220-238 3 except in the case of emergency or unanticipated events, in which case the notice shall be given as soon as reasonably possible after the event is scheduled. For purposes of this paragraph only, the notice may be given by electronic mail to the address and representative that each Owner may designate for such purposes. 7. Self-Help Remedies. If any Owner shall default with respect to any of its obligations set forth herein (including its maintenance obligations) and shall fail within thirty (30) days after receipt of written notice from the other Owner to cure such default, then the nondefaulting Owner shall have the right, at its election, but not the obligation, and in addition to such other rights and remedies as may be available at law or in equity, to cure such default for the account of the defaulting Owner, and shall be reimbursed by the defaulting Owner for the reasonable cost and expenses so incurred (including reasonable attorney's fees) within thirty (30) days of receipt of written demand for payment, together with reasonable documentation substantiating said costs and expenses. Any sums not reimbursed within said thirty(30) day period shall bear interest thereon at the rate of eight percent (8%) per annum, or the highest lawful rate, whichever is lower. The thirty (30)day cure period shall be extended in cases where the default cannot be cured within thirty {30) days but can be cured during a longer time, so long as the defaulting Owner is diligently pursuing such cure. In the event of an emergency, no prior notice shall be required to be given by the nondefaulting Owner prior to exercising its remedies hereunder so long as the nondefaulting Owner provides written notice of such emergency to the defaulting Owner promptly upon completion of cure. 8. Liability. The City and County each agrees that it will be responsible for its own acts and the results thereof to the extent authorized by the law and shall not be responsible for the acts of the other party and the results thereof. The County's maximum monetary liability is governed by the provisions of Minnesota Statutes Chapter 466. The City's maximum monetary liability is governed by the provisions of Minnesota Statutes Chapter 466. 9. Notices. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid; delivered by a nationally recognized overnight delivery company, or actually received by the recipient and addressed as follows: A. If to City: City of Rosemount Attn: City Administrator 2875 1456 Street West Rosemount,MN 55068 B. If to County: Dakota County Library ATTN: Ken Behringer Library Director 1340 Wescott Road Eagan,MN 55123 Telephone: (651) 450-2930 342931v6 CBR RS220-238 4 With a copy to: County of Dakota ATTN: Taud Hoopingarner Dakota County Operations Management Director 1590 Highway 55 Hastings,MN 55033 Telephone: (651)438-4416 10. Binding Effect. The provisions of this Agreement shall constitute covenants running with and be binding upon the County Property and the City Property, as the case may be,and shall inure to the benefit of and be binding upon the Owners of the respective Properties, and their successors and assigns in title, and any other party acquiring all or any portion of the Property or any interest therein whether by operation of law or other means. All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law. 11. Severability. If any provision of this Agreement shall be invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. 12. Captions. The captions preceding the text of each article and section hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. 13. Governing Law. This Agreement shall be construed under and enforced in accordance with the laws of the State of Minnesota. 1 342931v6 CBR RS220-238 5 IN WITNESS WHEREOF,this Agreement is executed as of the date and year first above written. APPROVED AS TO FORM BY THE CITY OF ROSEMOUNT . ROSEMOUNT CITY ATTORNEY � -Q1 (1, By: /i ,I .4 �•% Its: Mayor By: Its: City A inistrato PROVED AS TO FORM DAKOTA COUNTY / , Assistant C..r • • - y/Date OPAL, L (_ IF _I ,,t_ I � '_o 9—IS s air,B,and of Commissio a 1- Date of ignature: Jo /Ii 1 05 Approved by Dakota County Board Att t: 0 /.0(/i-- Resolution No. 09 — Clerk to the Bo Date of Signature: 1 bl to 1 d 9 S TATE OF MINNESOTA ss.: COUNTY OF DAKOTA The foregoing instrument was acknowledged before me thisl day of , 2009,by WtWiatnr, la,"N , and 1Dw +--p,-Sahnson , the mayor and city administrator, respectively,of the City of-Rosemount, a Minnesota municipal corporation,by and on behalf of said corporation. -∎ ?I'ti j11 t■ •01—• KATHIE J . H.A;i,.,., Notary Pub i y` NOTARY PUBL IC A' `. A .t.: My Commission E was Jan i i 2310 s\-lJ/ ii- -- -- 08460222itez4 342931v6 CBR RS220-238 6 S TATE OF MINNESOTA ss.: COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this ("2*' day of :Pc, 2009,by 12-cat,la. g and (401.i 2 . �(�o�, , the chairperson and clerk, ectively, of the County of Dakota, a political subdivision of the State of Minnesota,by and on behalf of said political subdivision. LISA E.GEISTER `1111 NOTARY PUBLIC-MINNESOTA ` tary Public My Commission BpIres Jan.31,2010 This instrument drafted by: Kennedy &Graven, Chartered 470 US Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 c A - . ' 12 2ce,AL r , t A- 14-\ r j e Cr l- C 342931v6 CBR RS220-238 7 • EXHIBIT A Site Plan • t • 143RDSTW G 1LRT1� .3 PAtixuth City Property North parking — 35 stallsi 1L South parking — 16 stalls d Lu •_ r ST..1.35014'.5 ‘"" a Q _ St•toot 1$� _ . .w. 0 a • • Q cKUatFt V p+lwuah • . rN�b 0:0•4 vilFifi!- "g^. � 7 j J y � .,�i ,•�0 L 144TH ST W ., n� i��00000�;9>�R . County Property••��=1V", 73 stalls S. • 145TH ST W St.Ex Joe's Site r ±CROSEMOUNT Roseit 1 inch =150 feet SPINY OP PRIDE AND PROGRESS Rosemount, MN 342931v6 CBR RS220-238 A-1 EXHIBIT B Excerpt from Joint Powers Agreementt 4. Contributions by Parties. Except as set forth herein, the County, acting by and through its Library Board, agrees to construct, operate and maintain a library building and library site parking facility for the benefit of the public, with construction to be substantially complete by October, 2009. For and in consideration of the construction and operation of such library facility: * * * (e) so long as the County maintains and operates a library facility on the [County Property], the City will provide lawn and landscape maintenance service for the library property and snow removal services for any parking lots, driveways and sidewalks. Lawn maintenance services shall include irrigation, mowing, trimming, fertilization, chemical treatment, shrub care, and tree maintenance. The County will be responsible for installation of the irrigation system and a water meter for the system. The City will be responsible for operation and maintenance of the irrigation system and will pay for the water used for irrigation. The County will pay for all other water charges associated with operating the library building. Snow removal services are to be performed in accordance with the standards set forth in paragraph(n), below. * * * (1) The City and County will equally split the operating and maintenance costs of the library parking lot(s) including repair, overlays and seal coating. The City will be 342931v6 CBR RS220-238 B-1 responsible for performing repair and maintenance operations based on City standards for parking lot maintenance and will invoice the County for 50 percent of the cost thereof. (m) The City will be responsible for annual parking lot sweeping at its expense. The County will be responsible for parking lot lighting and annual parking lot striping at its expense. (n) The City will be responsible for cleaning snow and ice from all sidewalks, walkways, parking lots and driveways. The City will remove snow and ice accumulations at the same frequency and to the same maintenance standard as those applied to other City-owned facilities, including City Hall. [end of excerpt] This excerpt is included for the convenience of the parties. To the extent that the excerpt above varies in any respect from the Joint Powers Agreement, the applicable provisions of the Joint Powers Agreement control. 342931v6 CBR RS220-238 B-2 , . . • i a . • S I . . i 2- 1 1 • ,- I ...- .• • . - • — - -- . ,- .• • 143RD ST W i • 1. oftra a- - - • - — -- • -- . PAtaticl I . . . _ . . ..._ . ....1 A ce. 1 " ui 4 > \ - a 1, o --..• . _.._ ._. . .. _. . •-• .)(4i 51. .015401'1_ -. ›c 0 0 .• U./ L.---1 c. M - - -. • •- sown-k < C NUR(H 0 •---- . • PARKir14 1 . . -- . . • --.- - .. . ..__. . .... .._.... , •?7,!;.••••`,;" -,r7.%•:',.,;:,'-'-`,;,-C--5/M.'fi'l S C ' i',..,,q,,,,'%.;;":.--.%.,",•.-=',',',;%:',,,,,-•>1`,.';),,.,. ".• - -- •' `',./e)K.,%.;-7'•',;',+".-2;2'S•'!1;:e":1,,;:‘",•• ,!r- 7; . .• •--,..-;","...,4-,••-0,--'•:,%"•::•;:,::,, ,,,,-')I ,r. < . ; .---,-;y•-•••-,,,,,P;;;;;:.0,,,x;ws,,..7..- ,. 1 GC'- .•i';'"W'''''.......'-'•'-'4‘*-1,• **4.;,',*k*";'1'a,:;'75.A;4'*''.-. ,il•li •-........ i 7.•,1■24;F.i.t1,it '''',4;.,',:, ;.1,;,,. .,,,!1:;,•,'"Vj,r111 .._y 1, -.....57,0,.•■ ,..47*-...„,...Ay*:;4.,.,•'!.1",,:ifer4';'f%;-,`,..9•,•-•'*, na'As• I -i=. r..•or •'-'1.F2;i:-..,31`,:,-.4:•",,,,;:t.1'0.',"•!15.4 -.=,,.,. 6,..41,,,, . -•z•Iz...7,•xr-olrriT:•,,r:... ..17,-,,t.'," t-- u--- ,...-u r•-,-.--q" 7^ ',•”"" '.to*"%"•"--''` . .. . . ..... . . • . - . • -. -4., 7:.,,45 ,e.,r•PP.11,0,gi./3 .1 144TH ST W- IfEg.,,,,,K920:14-xtw000ir4r4volofifoto.',r4A.14._, r-A , . .. .. . . . . _. ... . . . f • " L---1."--..‘-11' .•--■._, „il 0.16 4. a ..1?.. ..• • ' .‘ I - • * --- I • . ...... ....., , . . . . ... . ... --• - • • -. • : • - - --• • * - . • • . • • . . • • . . •.• 145TH ST W .- St. Joe's Site Exhibit 1 It ROSEMOLINT Rosemount, MN 1 inch = 150 feet N SPIRIT OF PRIDE AND PROGRESS mii■Niii■o■o■r ,