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HomeMy WebLinkAbout20-007CITY OF LAKEVILLE, DAKOTA COUNTY, STATE OF MINNESOTA RESOLUTION NO. 20-07 RESOLUTION APPROVING ACQUISITION OF CERTAIN REAL PROPERTY FROM INDEPENDENT SCHOOL DISTRICT NO. 194 AND APPROVAL OF AN EASEMENT AGREEMENT WHEREAS, Independent School District No. 194 ("District") is the fee owner of certain real property in the City of Lakeville located at 21220 Holyoke Avenue, Lakeville MN 55044 ("District Property"); WHEREAS, the City operates two ice hockey rinks and a warming house ("City Facilities") within the District Property and maintains the floodway located within the District Property. The City also uses a parking lot located on the District Property for users of the City Facilities; WHEREAS, the District intends to plat a portion of the District Property as Old School Addition as depicted in the preliminary plat attached hereto as Exhibit A ("Plat"), which Plat includes Outlots A and B encompassing the City Facilities and floodway ("Property"). The District intends to convey Lot 1, Block 1 of the Plat to Wisconsin Lutheran Child & Family Services, Inc. ("Buyer") and to convey to the City by warranty deed Outlots A and B of the Plat, at no cost to the City; WHEREAS, as a condition of closing on the sale to Buyer, the District has agreed to require that the Buyer grant a non-exclusive easement to the City for parking within the Parking Lot located on Lot 1, Block 1 of the Plat and for access to Outlots A and B of the Plat in the form attached hereto as Exhibit B ("Easement Agreement"); WHEREAS, the City desires to acquire Outlots A and B of the Plat and enter into the Easement Agreement; WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the City's proposed acquisitions and dispositions of property, and; WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the Planning Commission review requirement upon 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition or disposal of the property has no relationship to the comprehensive municipal plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 2054141 1. The City Council finds that the acquisition of the Property has no relationship to the comprehensive municipal plan and approves the acquisition of the Property and the Easement Agreement; 2. Review by the Planning Commission of the acquisition of the Property is hereby dispensed with; and 3. The Mayor, City Administrator, and City Clerk are authorized and directed to execute all documents and take all appropriate measures to acquire the Property and the easement as provided under the terms of this Resolution. ADOPTED this 6th day of January 2020 by a 2/3 vote of the City Council of the City of Lakeville CITY OF LAKEVILLE �•P. Anderson, Mayor ATTEST harlene Friedges, City Cler ,. 2054141 2 - I.I g .15LwH - tt:1 ■ I N I I � U -a0111 HHHal a 11 ill ---—— ——nc.. -- — - I.I g .15LwH - tt:1 ■ ''bwo 113 W ss<c�o s a I I m M ,66 Gz 00 s = / 7.r z a a I Z96 e^ N 1 �I M z I N I I � U I I ms I gII ll da3E "an °W T)_ en II � Jit II a$ as3i E ° `� II , ' S lAH, gE � II 8 . Bs ae a° �° •I �I II �, ��R•Lys��e 6 vs. =2 7U IIf�m t11E£a ao o sI's sag� - �� a i� E II of %atsg:isa $Sall:'g€ KI<rFoss€ j II I 9-x M ! i � "'V ''bwo 113 W ss<c�o s a I I m M ,66 Gz 00 s = / 7.r z a a I Z96 e^ N 1 �I M z (reserved for recording information) NON-EXCLUSIVE PARKING AND ACCESS EASEMENT AGREEMENT THIS NON-EXCLUSIVE PARKING AND ACCESS EASEMENT AGREEMENT (this "Agreement") is made on this day _ of '20___, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation, ("City"), and WISCONSIN LUTHERAN CHILD & FAMILY SERVICES, INC., a Wisconsin nonprofit corporation ("Grantor"). RECITALS WHEREAS, the City is the fee owner of real property located in Dakota County, Minnesota, which contains two ice hockey rinks, a shelter, a storage building and a floodway that is maintained by the City ("Facilities"); and which property is legally described as follows: Outlots A and B, Old School Addition, Dakota County, Minnesota, according to the recorded plat thereof (collectively referred to herein as the "City Parcel'); WHEREAS, Grantor is the owner of real property located in Dakota County, Minnesota, which includes a parking lot and is legally described as follows: Lot 1, Block 1, Old School Addition, Dakota County, Minnesota, according to the recorded plat thereof ("Grantor Parcel'); WHEREAS, the City Parcel abuts the Grantor Parcel; 42754683v23 WHEREAS, the City desires a non-exclusive easement for pedestrian and vehicular access and parking purposes over the Grantor Parcel to serve the City Parcel in accordance with the terms of this Agreement; NOW, THEREFORE, for valuable consideration, the parties do hereby agree as follows: 1. Easement. Grantor hereby grants, creates and establishes for the benefit of the City Parcel, the City, its employees, agents, contractors, customers, guests, licensees, invitees, successors and assigns, the following non-exclusive easements in, to, over, across and through the Grantor Parcel: A. An easement to use thirty-one (31) parking stalls within those areas of the Grantor Parcel as depicted and described as the City Parking Area in Exhibit A attached hereto (the "City Parking Area") for the parking of vehicles and passage of vehicles and pedestrians; and B. An easement over, upon and across the drive aisles within those portions of Grantor's Parcel as depicted and described as the City Access Area in Exhibit A attached hereto (the "City Access Area") to provide passage by vehicles and pedestrians to and from the City Parcel to and from the adjoining right of way known as 210`x' Street West. 2. Rights and Responsibilities. Use of the Grantor's Parcel pursuant to this Agreement is subject to the following rights, responsibilities, and limitations: A. Grantor shall have the exclusive right to use all of the parking stalls located on the Grantor's Parcel that are not located within the City Parking Area. Grantor may place signage on the Grantor Parcel designating Grantor's exclusive use of such parking stalls. B. The City, at its sole cost and expense, may place signage within the City Parking Area designating the City's right to use the parking spaces therein in accordance with the terns of this Agreement, which signage shall be subject to the prior written consent of Grantor. C. No changes to the location of the City Parking Area shall be made by Grantor if such changes result in the parking spaces within the City Parking Area to be located further from the City Parcel, without obtaining the prior written consent of the City. D. Subject to the restriction set forth in subsection 2.C. above, Grantor shall have the right, at its sole cost and expense, and upon no less than ninety (90) days' notice to the City, to reconfigure and modify the City Access Area and the City Parking Area consistent with any municipal and zoning approvals obtained by Grantor, so long as the easement rights granted hereunder continue to have substantially the same utility to the City as they did before the reconfiguration and modification, and so long as Grantor bears the cost of reconstructing the City Access Area and the City Parking Area, whatever the case may be. Such reconfiguration or modification of the City Access Area and the City Parking Area shall be effective when Grantor records a notice of such reconfiguration or modification with the Dakota County Register of Deeds specifying the new location of the City Access Area and the City Parking Area. 42754683v23 E. The City agrees that the use of the City Parking Area and the City Access Area by the City and its employees, agents, contractors, customers, guests, licensees, invitees, successors and assigns as provided herein shall be subject to those rules and regulations set forth in Exhibit B attached hereto. F. The City shall not change the use of the City Parcel from its current use as of the date of this Agreement to another use that will require in excess of thirty-one (3 1) parking spaces as provided in the City of Lakeville ordinances. 3. Construction and Maintenance. A. Duty to Maintain. Grantor shall be responsible for maintaining, improving and repairing the parking lot, drive aisles and related improvements on the Grantor Parcel (collectively, the "Parking Lot"), including, without limitation, the City Parking Area and the City Access Area, to keep the Parking Lot in good repair. The foregoing obligations to maintain, repair and when necessary, replace the improvements, shall include without limitation; (i) keeping all portions of the Parking Lot in a clean and sanitary condition; (ii) removing, to the extent practical, snow from the Parking Lot; (iii) keeping all marking and directional signs in the Parking Lot, if any, clear, distinct, and legible; and (iv) maintaining, patching, sealing, removing, and replacing the surface areas in the Parking Lot as reasonably necessary. B. Reimbursement. As for its share of the costs of repair, maintenance and improvement of the Parking Lot, the City shall reimburse the Grantor in the amount of thirty- three and onetthird percent (33.33%) of the total costs within 35 days following a receipt of an invoice for such costs, together with an accounting of the total amount for the repair, maintenance or improvement. The City's share of any improvement costs shall be limited to the cost of improvement of the Parking Lot to a standard consistent with its original construction. Grantor shall provide the City with at least three months' notice of any proposed improvement to the Parking Lot, and for any significant repairs or improvements, Grantor will provide the City notice on or before May 1 of the calendar year prior to the year in which commencement of such significant repair or improvement occurs. For purposes of this Agreement, a "significant" repair or improvement shall mean any single repair or improvement in excess of $5,000. C. City Right to Maintain. The City shall have the right, but not the obligation to repair, maintain or improve the City Parking Area, or any portion thereof, necessary for its use of the City Parking Area as provided under the terms of this Agreement. D. No Barriers. Except as otherwise permitted by the terms of this Agreement, no fence, division, rail, hedge, wall, planting, material, structure, or other obstruction of any type may be erected, permitted, or maintained within the Grantor Parcel, if doing so will interfere with the rights set forth in this Agreement, including access and use of the Parking Lot and access to the City parcel. The City shall have the right to remove any obstructions or structures not permitted by this Agreement. E. Construction on City Parcel. The City shall provide Grantor with at least thirty (30) days written notice prior to the commencement of any significant repair, improvement or 42754683v23 other construction work on the City Parcel. During any such repair, improvement or construction work on the City Parcel, the City and its contractors and agents shall be permitted to use the City Access Area and the City Parking Area for access to the City Parcel. The City shall be responsible to repair any damage to the improvements within the City Access Area or the City Parking Area caused by its contractor's use during such work. F. Special Events. The City shall provide Grantor with at least thirty (30) days written notice prior to any special events to take place on the City Parcel. During such special events, Grantor and the City may mutually agree to permit the City to use additional parking stalls in the Parking Lot beyond those located within the City Parking Area. 4. Indemnification. The City shall indemnify and defend Grantor and its officers, directors, agents, representatives, employees, successors and assigns from all liability, suits, actions, claims, costs, damages, and expenses of every kind and description, including court costs and legal fees, for claims of any character, including liability and expenses in connection with the loss of life, personal injury, or damage to property, brought because of any injuries or damages received or sustained by any person, persons, or property on account of or arising out of the use of the Parking Lot (including, without limitation, the City Parking Area and the City Access Area) by the City or its agents, contractors, subcontractors, customers, guests, licensees, invitees, employees, successors or assigns. Grantor shall indemnify and defend the City and its agents and employees from all liability, suits, actions, claims, costs, damages, and expenses of every kind and description, including court costs and legal fees, for claims of any character, including liability and expenses in connection with the loss of life, personal injury, or damage to property, brought because of any injuries or damages received or sustained by any person, persons, or property on account of or arising out of the use, maintenance or repair of the Parking Lot by Grantor or its agents, contractors, subcontractors, invitees, or employees. To the extent permitted by law, nothing in this Agreement shall be deemed a waiver of any limitation of liability or defenses by the City under Minnesota Statutes Chapter 466 or any other provision of law. 5. Insurance. Each party shall, at its own expense, maintain and keep in force comprehensive general liability insurance against claims for personal injury, death or property damage arising in connection with this Agreement in at least the limits set forth in Minnesota Statutes, section 466.04, as amended. The insurance coverage required under this Agreement shall extend to any liability of the Parties arising out of the above indemnities. The Parties shall provide proof of such insurance to each other upon written request. The Parties shall notify each other immediately if there is a lapse in insurance coverage. 6. No Partnership or Joint Venture. None of the terms or provisions of this Agreement shall be deemed to create the relationship of principal, agent, partnership, or joint venture between the Parties. 7. Amendment. This Agreement may only be amended, changed, or terminated by written agreement signed by all of the then existing owners of the Grantor Parcel and City Parcel. 8. Waiver. Failure to enforce any covenant or condition of this Agreement shall not be deemed to be a waiver of the right to do so after that. No waiver by any Party of any covenant or condition of this Agreement shall be effective or binding on the party unless made in writing 4 42754683v23 and no waiver will be implied from any omission by a party to take action with respect to the covenant or condition. The express waiver of any covenant or condition will not be a waiver or any other covenant or condition or cover any other period of time except for the covenant or condition and the period of time specified in the express waiver. 9. Covenant Running With Land. This Agreement shall be a covenant running with the land and shall be binding upon and inure to the benefit of the owners from time to time of the City Parcel. 10. Severability. The invalidity of any portion of this Agreement shall not impair in any manner the validity, enforceability or effect of the rest of this Agreement. 11. Counterparts. This Agreement may be executed in two or more counterparts each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 12. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 13. Termination. If the City decommissions the City Parcel for all public purposes, this Easement Agreement shall automatically terminate. [Remainder of page intentionally left blank] [Signature pages to follow] 42754683v23 IN TESTIMONY WHEREOF, the parties have executed this Agreement this day of , 20 0 CITY OF LAKEVILLE By: Douglas P. Anderson, Mayor By: Charlene Friedges, City Cl STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 20_, by Douglas P. Anderson and by Charlene Friedges, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public 42754683v23 WISCONSIN LUTHERAN CHILD & FAMILY SERVICES, INC. Nit J e4±1 By: Mir i< ;S�C,lua Its: GL O STATE OF WISCONSIN ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20_, by , the of Wisconsin Lutheran Child & Family Services, Inc., a Wisconsin nonprofit corporation, on its behalf. Notary Public DRAFTED BY: Campbell Knutson Professional Association 317 Eagandale Office Center 1380 Corporation Center Curve Eagan, Minnesota 55121 (651) 452-5000 AMP 42754683v23 EXHIBIT "A" to GRANT OF EASEMENT Depiction of Parking Lot 42754683v23 0.---------F 77.0 Zi I 1 � r �• / fQ % �, a1 1 - r , , CO 1 Ln 4 Irl � a , , 1 r 1 r it °' e •, OJ ,OL 0.---------F 77.0 Zi I 1 � r �• / fQ % �, a1 1 - r , , CO 1 Ln 4 Irl � 1 ( , 1 r 1 r it °' e •, OJ caw m to ' % I 1 a J l 1 0 � r • r [vlll IFF 1 1 / - ---Lt7 V L 1 - r -------------------'"DD Ln 0 0 1 1 1 01 I 0 es o p 1 1 1 �LO.CTI J , '01 O O J m 1 /^1 M Sip. I EXHIBIT "B" to GRANT OF EASEMENT Parking Rules and Regulations Except as otherwise provided herein, the City and its employees, agents, contractors, customers, guests, licensees, invitees, successors and assigns may park only in those areas of the Grantor Parcel as depicted as the City Parking Area in Exhibit A. There shall be no reserved parking spaces in the City Parking Area; all parking shall be on a first-come, first-served basis. Parking in the City Parking Area shall be used for no purposes other than for: (i) self- service parking of fully operational passenger automobiles, pick-up trucks and sport utility vehicles and (ii) City construction vehicles and equipment while performing maintenance activities. All parking of vehicles in the City Parking Area shall be done in accordance with all laws, including, without limitation, ordinances of the City of Lakeville. Prohibited uses within the City Parking Area include, but are not limited to, the following: (a) parking boats, campers, recreational vehicles or other oversized vehicles; (b) storing vehicles for longer than twenty-four (24) hours; (c) undertaking activities connected with the repair or maintenance of vehicles, such as changing oil, washing, and the like. The vehicle owners shall have sole responsibility for the protection of its vehicles or other property located in the City Parking Area and Grantor shall have no responsibility for policing or securing such areas and no liability for damage to or theft of vehicles, property within vehicles, or other property located in such areas. Grantor reserves the following rights with respect to the City Parking Area: (a) tow away or otherwise impound at the vehicle owner's cost any vehicle which is necessary to move for emergency purposes; and (b) temporarily close all or any part of the City Parking Area or temporarily deny access to the City Parking Area in connection with any repairs or in the event of any emergency, provided the City is given 30 days' written notice of the closure concerning the date and period of time for closure and portion to be closed, except in the event of an emergency in which case, notice will be provided as soon as reasonably possible. 9 42754683v23