HomeMy WebLinkAbout3.b. Pre-Parks Dedication from University of Minnesota - UMORE4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Work Session: May 12, 2010
AGENDA ITEM: Pre -Parks Dedication from University of
Minnesota — UMORE
AGENDA SECTION:
Update
PREPARED BY: Dan Schultz, Parks and Recreation
Director
AGENDA NO.
ATTACHMENTS: Draft Pre - Dedication Agreement
APPROVED BY: DA
RECOMMENDED ACTION: None Update only.
ISSUE
Staff is continuing to work with representatives from the University of Minnesota — UMORE Park
regarding the pre -park dedication of approximately 27 acres of land to the City of Rosemount. The land is
located south of the soccer fields at DCTC along Akron Avenue. We are recommending that the
University only receive 22.78 acres pre - dedication credit for the land because a portion of the 27 acres is
identified for future public roads and will be in a future public right of way.
Included in the packet is a draft agreement regarding the pre -park dedication. Some of the issues that staff
are continuing to work through are the environmental condition of the property, legal access to the
property across land owned by the University of Minnesota and MnSCU, the possible need for a
temporary parking lot, and the rate at which the University can use their park dedication credit.
The proposed use of the 22.78 acres would be for baseball and softball fields.
The Parks and Recreation Commission should be reviewing a final draft of the agreement later this month
and will be making a recommendation to the City Council.
SUMMARY
This item is on the agenda to update the City Council on the status of acquiring land from the University
of Minnesota — UMORE through pre -parks dedication.
AGREEMENT
THIS AGREEMENT (the "Agreement ") is made as of the Effective Date between
Regents of the University of Minnesota, a Minnesota constitutional corporation ( "University "),
and the City of Rosemount, a Minnesota municipal corporation ( "City ").
Background
The University and the City have identified a
the University and situated in the City of Rosemount
City of baseball and softball fields and other publi(O
Site ") is legally described in Exhibit A.
The University
property (the "University Dev
The University Development
Exhibit B.
Pursuant to the provisions of I
ordinances requiring that a reasonable
that the subdivider makemanwment in
In order to A
willing to convey th
rather than waiting
Universit
University
1.
agree as
y 27 acres of land owned by
in for the construction by the
its. The land (the "Ballfield
ividing and de
vicinity of the
together
other University
Site in the future.
Wy described in
462.358, the City has adopted
l be dedicated to public use or
ent 679Wallfield Site, the University is
on the terms and conditions stated below
the time the University subdivides the
covenants hereinafter set forth,
1.1. Subject tolVerms and conditions of this Agreement, for one dollar ($1.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the University agrees to convey to the City for public parks, playground and
other public purposes, and the City agrees to accept from the University for such purposes, all
of University's right, title and interest in and to the Ballfield Site, subject to an easement to
Minnesota State Colleges and Universities encumbering a portion of the northerly fifty (50)
feet of the Ballfield Site for a railroad spur and other restrictions and easements of record as of
the date of this Agreement, if any. The University shall have the right to review and comment
on the City's plans for the initial development of the Ballfield Site, including the landscape and
lighting plans. Unless otherwise agreed, the City shall construct facilities on the Ballfield Site
in substantially the same manner in which it constructs comparable facilities in the City. In the
event the Ballfield Site has not been developed and placed in service as a public park or
playground by the City within eight (8) years of the Closing, the University shall have the right
to require the City to convey the Ballfield Site back to the University unless the University has
earlier made use of the credit toward satisfaction of the City's park dedication requirements in
accordance with Section 2 hereof. The provisions of this Section 1 shall survive the Closing.
1.2. At Closing, the University will execute and deliver to the City an Access and
Temporary Parking Easement granting the City an easement for access across University
property to the Ballfield Site and a temporary easement f king purposes on University
property adjacent to the Ballfield Site, in the form attache o as Exhibit C.
2. Consideration for the Conveyance of P
land area of the Ballfield Site shall be credited
dedicate land in connection with the future s
Therefore, in consideration for the Universip1du
public parks, playground and other public
successors or assigns apply to the City for
Development Site, and if in connec
law that such subdivider dedicate
22.78 acres of the area of the Ball
may be allocated and applied as
connection with the sub d' ' n ol
following
with that
sion of the 10
evance of the
the Cit agrees tl
bdiv' of any
i of the parties that the
on of the University to
ity Development Site.
clad Site to the City for
ML
the University, its
Lt
he University
ifhe City require der applicable
subdivider shall have a credit for
Credit "). The Land Area Credit
.ts successors and assigns in
y lopment Site subject to the
land in any subdivision; provided, however,
to use the Land Area Credit for at least
land dedication requirement in any
Iff is exhausted.
requirements will be allowed for any
s executed by a duly authorized officer or
The credit shall n Nap e used, except that, if the City is required to reconvey the
Ballfield Site to thrsuant to Section 1 hereof, the credit shall be void. The City
acknowledges that the credit, there must be an essential nexus between the amount
of land dedicated and the fees received in lieu of dedication and the municipal purposes sought
to be achieved by the fee or dedication and that there will be rough proportionality to the need
created by the subdivision to which the credit will be applied. The provisions of this Section 2
shall survive the Closing.
3. Closing. The closing of the transaction contemplated by this Agreement (the
"Closing ") shall occur within fifteen (15) days following written notice from the City to the
University that the City has completed its due diligence pursuant to Sections 4 and 5 hereof
and wishes to proceed with the Closing (the "Closing Date "). The Closing shall take place at a
mutually agreeable place on the Closing Date.
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4. Evidence of Title. The City is responsible for satisfying itself as to the condition of the
University's title to the Ballfield Site. Closing is contingent on determination by the City that
all easements and other restrictions, including an easement for a railroad spur, are satisfactory
or acceptable and will not interfere with the City's proposed uses thereof.
5. Condition of Ballfield Site: Release.
5.1. The City shall undertake its own due
condition of the Ballfield Site is satisfactory to
reasonable access to the Ballfield Site to conduct
The City may conduct such tests of soil and g
restore the property to its original condition t
defend, indemnify and hold the University
such access and testing; provided, however,
waiver by either party of applicable statutory li
shall supply the City or the Ci consult
possession or under the control o ivers
(including but not limited to soil bo
The City acknowledges and agrees th
accept possession of the Id Site
(ii) neither the Univ se
any other party rE
made any verbal
express, implied,
prior tLWIR
to its
ity
any Y4&to any
to
any xI
.as to:
City.
F
ce to determine whether the
iversity hereby grants the City
e at no cost to the University.
ems appropriate and shall
n ossible. The City shall
e4athe ms mages arising out of
fication 1 not be deemed a
Upon re the University
an ts ments and i ation in the
ity condition of the Ballfield Site
fitness of any portion of the Ballfield Site for a
tion of the Ballfield Site or its soils and geology;
5.1.3. The presence or absence, location, nature or scope of any Hazardous Materials
in, on, at, or under the Ballfield Site.
5.2. The City's election to close the transaction contemplated by this Agreement shall be
deemed an acknowledgment by City that City has inspected the Ballfield Site, is thoroughly
acquainted with and accepts its condition, and has reviewed, to the extent necessary in its
discretion, all the relevant information regarding the Ballfield Site. By closing this transaction
and accepting the deed, the City releases the University from claims, suits, actions, demands,
damages, costs, expenses, penalties, fines or compensations whatsoever that the City now has
or may have in the future on account of or arising out of or in connection with the physical or
environmental condition of the Ballfield Site.
6. Closing.
At Closing, the University shall deliver to the City:
6.1 A limited warranty deed, in the form attached hereto as Exhibit D, in recordable
form, duly executed and acknowledged by University, conveying after - acquired title to the
Ballfield Site to City, free and clear of all liens, taxes, restr' s and encumbrances of every
kind and description except:
General real estate taxes and asse
payable on the Closing Date; and
Easements, rights -of -way,
6.2 An affidavit in custs
no unsatisfied judgments, tax li
University's interest in the Ballfie
Ballfield Site at the request of Uni
no other unrecorded intexAWmhin the
6.3 F]
recordable form,
Section 1445(b)(
provide a pro
that are not in
University shall nc
responsibilities for
lien but that are not due and
and conditions of
rsity indica'M that there are
or involving University or
or material furnished to the
mechanics lien and there are
Irerson-lWvit, properly executed and in
required by Internal Revenue Code ( "IRC ")
Form, if any is required.
§ 103I.235, the University shall either provide a
ive does not know of any wells on the Ballfield Site, or
isclos re certificate. If the Ballfield Site contains any wells
disconnected from a power supply, and not sealed, the
seal the wells prior to Closing and the City shall assume all
7. Real Estate Taxes and Special Assessments. The parties shall pay all real estate taxes
and special assessments against the Ballfield Site as follows:
7.1. The University shall pay, on or before the Closing Date, all real estate taxes and
installments of special assessments due, if any, for all years prior to the year of Closing.
7.2. The City and the University shall prorate the real estate taxes, if any, payable in
the year of Closing on a per diem basis to the Closing Date, using the current year's real estate
tax information or, if such information is not available, using the amount of real estate taxes
due and payable in the year immediately preceding the year of Closing. Any such proration
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shall be final.
7.3. The City and the University shall prorate all installments of special assessments
certified for payment with the real estate taxes payable in the year of Closing.
7.4. The City shall pay any and all installments of special assessments and all real
estate taxes due and payable in the years following the year of Closing and, except as provided
in Subparagraph 7. 1, all other assessments levied or pending as of the Closing Date.
7.5. The City and the University hereby ac dge that the Ballfield Site is
exempt from real estate taxes.
8. Recording and Transfer Taxes. The Univ hall pa state deed tax, if any.
9. Transfer of Possession. Provided t y has performed its other obligations
under this Agreement, the University shall d possession of the Id Site, subject to
easements and restrictions, on the Closing Date.
10. Condemnation. If at any ti o Closing, !,ings roceed are commenced under
the power of eminent domain agains a
Id Site thereof), either party may
terminate this Agreement by sending e t her en (15) business days after
its receipt of written rom the denim he pendency of any such
proceedings.
If to the City: City of Rosemount
2875 — 145' Street West
Rosemount, MN 55068 -4941
Facsimile No: (651) 423 -5203
E -mail Address: commentaa,ci.rosemount.nin.us
12. Remedies upon Default. Time is of the essence for this contract. If either party shall
5
fail to perform any of its obligations under this Agreement within thirty (30) days after notice
from the other, then the sole remedy of the non - defaulting party is to terminate this Agreement.
13. Controlling Law. This Agreement has been made under the laws of the State of
Minnesota, and such laws will control its enforceability. In the event any provision hereof is
deemed unenforceable, the other provisions will survive.
14. Captions. The paragraph headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement and are be considered in interpreting
this Agreement.
15. Counterparts. This Agreement is executed i
constitute one and the same instrument.
16. Merger /Survival. This written Agref
the parties and supersedes any prior oral or
the Bailfield Site. There are no verbal agre
of any of its terms will be effectivg&I&Less ii
binds and benefits the parties and
17. Effective Date.
signature is obtained (`
IN WITNE
indicated below inte
constitutes the
each of which shall
agreement between
e parties regarding
t and no waiver
.s. is Agreement
date that the final required
have set their hands on the date(s)
REGENTS OF THE UNIVERSITY OF MINNESOTA
Its:
6
Executed on , 2010
EXHIBIT B
[Legal Description of University Development Site]
In
EXHIBIT C
Form of Access and Temporary Parking Easement
C -1
EXHIBIT D
Form of Limited Warranty Deed
LIMITED WARRANTY DEED
State Deed Tax: $ 1.65
Consideration for this transfer is less than $500.00.
Date:
For valuable consideration, Regents of the University of Minnesota, a Minnesota constitutional
corporation, ( "Grantor "), hereby convey and quitclaim to the City of Rosemount, ( "Grantee "),
a municipal corporation under the laws of Minnesota real property in Dakota County, Minnesota,
described as follows: (the "Property "):
Insert legal description of Ballfield Site.
together with all hereditaments and appurtenances belonging to the Property. Grantor covenants
and represents that:
(1) this Deed conveys after - acquired title; and
(2) Grantor has not made, done, executed, or suffered any act or thing by which all or
any part of the Property, now or at any time hereafter, is or may be imperiled,
charged, or encumbered in any manner, and Grantor will warrant the title to the
Property against all persons lawfully claiming any interest in the Property from or
through Grantor, as a result of any such act or thing, except for the following
encumbrances: none.
The Seller certifies that the seller does not know of any wells on the described real property.
REGENTS OF THE UNIVERSITY OF MINNESOTA
Its:
D -1
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20_,
by , the of Regents of the
University of Minnesota, a Minnesota constitutional corporation, Grantor.
This instrument drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
Notary Public
D -2
Tax Statements for the real property
described in this instrument should be sent
to (include name and address of Grantee):
City of Rosemount
2875 145' St. W.
Rosemount, MN 55068