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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. 2 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 4 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