HomeMy WebLinkAbout6.g. Approval of Cross Access and Parking EasementAGENDA ITEM: Approval of Cross Access and Parking
Easement
AGENDA SECTION:
Consent Agenda
PREPARED BY: Kim Lindquist, Community Development
Director
AGENDA NO.
ATTACHMENTS: Draft Easement Document
APPROVED BY:
0 a)
RECOMMENDED ACTION: Motion to Approve the Access and Parking Easement
Agreement Between the City of Rosemount and Dakota County
4 ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: August 18, 2009
EXECUTIVE SUMMARY
DISCUSSION
As part of the Joint Powers Agreement QPA) between the City and Dakota County relating to the
library, there was a provision that the land under the library be dedicated to the County. As part of
that dedication, the City and County agreed to provide cross parking and access easements that
benefit the library site and the adjoining St. Joe's property. The attached easement is consistent with
that contemplated by the JPA. Staff is requesting approval of the easement to allow the mayor to
sign off on the agreement and move forward with the land transfer.
RECOMMENDATION
Motion to approve the access and parking easement agreement between the City of Rosemount and
Dakota County.
ACCESS AND PARKING EASEMENT AGREEMENT
THIS AGREEMENT "AGREEMENT is made and entered into this day of July, 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 and sidewalk areas of the grantor's Property, 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:
342931v6 CBR RS220 -238
(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,
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 attomey'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% o) 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 145 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.
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
APPROVED AS TO FORM DAKOTA COUNTY
Assistant County Attorney/ Date
Approved by Dakota County Board
Resolution No.
S TATE OF MINNESOTA
COUNTY OF DAKOTA
342931v6 CBR RS220 -238
ss.:
6
By:
Its: Mayor
By:
Its: City Administrator
By:
Chair, Board of Commissioners
Date of Signature:
Attest:
Clerk to the Board
Date of Signature:
The foregoing instrument was acknowledged before me this day of July, 2009, by
and the mayor and city
administrator, respectively, of the City of Rosemount, a Minnesota municipal corporation, by and
on behalf of said corporation.
Notary Public
S TATE OF MINNESOTA
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this day of July, 2009, by
and the
chairperson and clerk, respectively, of the County of Dakota, a political subdivision of the State
of Minnesota, by and on behalf of said political subdivision.
This instrument drafted by:
Kennedy Graven, Chartered
470 US Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
342931v6 CBR RS220 -238
ss.:
7
Notary Public
City Property
North parking 35 stalls
South parking 16 stalls
County Property
73 stalls
St Joe's Site
Exhibit 1
Rosemount, MN
342931v6 CBR RS220 -238
EXHIBIT A
Site Plan
A -1
1 inch =150 feet
ROSEMOUNT
Miff Of Mio1 ANO â–ºROIRSSS
EXHIBIT B
Excerpt from Joint Powers Agreement
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:
B
(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
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
St. Joe's Site
Exhibit 1
Rosemount, MN
1 inch =150 feet it
4 ROSEMOUNT
SPIRIT OF PRIDE AND PROGRESS