CR2003-123 easement agreement betwn HCRRA &EDCO
CITY OF
Date: August 14, 2003
i.
. \
HOPKINS
Council Report 2003-123
EASEMENT AGREEMENT BETWEEN HCRRA AND THE CITY FOR EDCO EXPANSION
Proposed Action
Staff recommends adoption of the following motion: Move to authorize the execution of the
Easement Aareement between the HCRRA and the City of Hopkins for emeraency vehicle
access and drainaae purposes related to the EDCO expansion proiect.
Overview
With this motion the Council would authorize the execution of the attached Easement Agreement
between the City of Hopkins and the Hennepin County Regional Railroad Authority (HCRRA).
Under the Easement Agreement, HCRRA would grant a permanent, non-exclusive easement to
the City for the purposes of constructing and maintaining an emergency access road on the
HCRRA right-of-way adjacent to the EDCO property. The easement is necessary to provide 20
foot wide emergency vehicle access drive for the EDCO property if the company is to expand the
building to the south lot line. HCRRA staff has agreed to grant this easement contingent upon the
final approval of their Board. The responsibilities of the City with regard to the Easement
Agreement will be passed on to EDCO as part of the Conditional Use Permit Agreement.
City Attorney Jerry Steiner has negotiated and reviewed the Easement Agreement with the
HCRRA in cooperation with City staff. Upon authorization, staff will gather the necessary
supporting documents/attachments as indicated in the Easement Agreement and continue to
ensure that the agreement is executed before a building permit is issued for the project.
Primary Issues to Consider
. What are the major elements of the Easement Agreement and what are the responsibilities
of the City?
. What liabilities is the City undertaking by entering into this agreement?
SUDDortina Information
. Memo from City Attorney Jerry Steiner
. Easement Agreement between the City and HCRRA
. Easement Exhibit
. Proposed Site Plan
~.)~
'-Steven J. tatiiTter
Assistant to the City Manager
Financial Impact: $ Budgeted:
Related Documents (CIP, ERP, etc.):
Y/N
Source:
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Council Report 2003-123
Page 2
Analvsis of Primary Issues
. What are the major elements of the Easement Agreement and what are the
responsibilities of the City?
o The Easement Agreement grants the City a non-exclusive easement over the
northerly 25 feet orthe HCRRA right of way for the purpose of constructing and
maintaining the Access Drive and the Drainage Facilities.
o The Agreement requires the City to relocate or modify the Access Drive or
Drainage Facilities upon 120 days' prior written notice from the HCRRA in the event
the HCRRA's use of its right of way is such that modification or relocation of the
Access Drive or Drainage Facilities is necessary.
o The City is obligated to indemnify, defend and hold the HCRRA harmless from "all
liability, loss, damage or expense" resulting from the use of the easement for the
Access Drive and Drainage Facilities.
o The City is entitled to enter into a separate agreement with the owner of the Edco
property "allowing the owner of the (Edco property) to use the easement for
construction, maintenance, repair and use of the Drainage Facilities and the
(Access Drive) in accordance with the terms of the Easement Agreement."
. What liabilities are the City undertaking by entering into this agreement?
In general, EDCO will assume all of the City's duties and responsibilities under the
Easement Agreement. The CUP Agreement between the City and EDCO states:
"Further, Developer agrees to assume and perform all of the City's obligations
under the Easement Agreement, and to protect, indemnify and hold the City
harmless from and against any and all costs, expenses, liabilities, obligations,
claims and damages arising out of or related to the Easement Agreement, including
reasonable attorney's fees and costs incurred by the City in any dispute related to
the Easement Agreement. "
However, in the unlikely event that EDCO or its successors were to become financially
unable to perform duties detailed in the Easement Agreement (such as relocation of the
drainage facilities in the event that the trail is moved to the north), the City would be liable
to the HCRRA for such an event. As indicated above, the City is also obligated under the
agreement to hold the HCRRA harmless from "allliability, loss, damage or expense"
resulting from the use of the easement for the Access Drive and Drainage Facilities.
Alternatives.
1. Authorize execution of the Easement Agreement with the HCRRA.
2. Decline to enter into the Easement Agreement with the HCRRA, thereby effectively prohibiting
the EDCO expansion as proposed.
3. Continue for further information.
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MILLER, STEINER & CURTISS, P.A.
ATTORNEYS AT LAW
JERRE A. MILLER 400 WELLS FARGO BANK BUILDING
JEREMY S. STEINER* 1011 FIRST STREET SOUTH
WYNN CURTISS HOPKINS, MINNESOTA 55343
KIRSTEN A. HOLSETH
. Real Property Law SpecIalist, certIfied
by the MInnesota State Bar Association
952-938-7635
FAX 952-938-7670
MEMORANDUM
DA TE:August 14, 2003
TO:
The Hon. Mayor and City Council Members
FROM:
Jeremy Steiner
RE:
Edco Expansion Project
I am submitting this Memo at the request of City Staff to summarize certain of the tenns and
conditions of the CUP Agreement for the Edco Products expansion project and the Easement
Agreement between the City and the Hennepin County Regional Railroad Authority ("HCRRA")
that will be entered into in order to pennit construction of the Edco expansion project. The CUP
Agreement includes the usual provisions requiring Edco, as Developer, to complete all of the
improvements that are to be constructed for the expansion project as shown in the site plan,
landscaping plan, grading and drainage plan and utility plan that have been submitted to the City
and reviewed by City Staff. However, as a result of the variance allowing Edco to construct the
building addition with no setback along the southerly property line, an emergency vehicle access
drive ("Access Drive") and the stonn water management and drainage improvements ("Drainage
Facilities") must be constructed on the adjacent right-of-way property owned by the HCRRA. To
accomplish this, the City will enter into an Easement Agreement with the HCRRA allowing
construction of the Access Drive and Drainage Facilities on the HCRRA right of way. Under
Paragraphs 6.A. and 6.B.i of the CUP Agreement, Edco will agree to complete all of the Access
Drive improvements and the Drainage Facilities to be constructed on the HCRRA property under
the Easement Agreement and will also agree to hold the City harmless from liability to the
HCRRA under the Easement Agreement. The substantive provisions ofthe Easement
Agreement and Paragraph 6 of the CUP Agreement are summarized as follows:
1. The Easement Agreement grants the City a non-exclusive easement over the northerly 25
feet of the HCRRA right of way for the purpose of constructing and maintaining the
Access Drive and the Drainage Facilities. Paragraph 12 of the Easement Agreement
provides the Easement will tenninate if the Access Drive and the Drainage Facilities are
not completed within 180 days after the Easement Agreement is executed, subject to
extension for delays due to inclement weather or other circumstances beyond the control
of the party performing that work. Paragraph 2 of the Easement Agreement requires the
City to obtain prior approval from the HCRRA of the plans for construction of the Access
.
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Drive and Drainage Facilities. Paragraph 1 requires the City to relocate or modify the
Access Drive or Drainage Facilities upon 120 days' prior written notice from the
BCRRA in the event the BCRRA's use of its right of way is such that modification or
relocation of the Access Drive or Drainage Facilities is necessary. Paragraph 6 provides
that the City is obligated to indemnify, defend and hold the BCRRA harmless from "all
liability, loss, damage or expense" resulting from the use of the easement for the Access
Drive and Drainage Facilities. Paragraph 11 of the Easement Agreement states the City
is entitled to enter into a separate agreement with the owner of the Edco property
"allowing the owner of the (Ed co property) to use the easement for construction,
maintenance, repair and use of the Drainage Facilities and the (Access Drive) in
accordance with the terms of the Easement Agreement." By entering into the Easement
Agreement with the BCRRA, the City will assume all of these obligations to the
BCRRA.
2.
Paragraphs 6.A. and B.i of the CUP Agreement, in turn, provide that Edco "agrees to
assume, perform and comply with all of the City's obligations under the Easement
Agreement, and to protect, indemnify and hold the City harmless from and against all
costs, expenses, liabilities, obligations, undertakings, claims and damages arising out of
or related to the Easement Agreement." Paragraphs 6.A. and 6.B.i further obligate Edco
to complete the Access Drive and Drainage Facilities according to the City's
requirements and the terms of the Easement Agreement and to bear all costs for future
maintenance and repair ofthe Access Drive and Drainage Facilities. The intent ofthese
provisions is that Edco will assume full responsibility for all of the City's obligations to
the HCRRA under ~he Easement Agreement and will indemnify the City from any
liability to the BCRRA that would arise under the Easement Agreement. Paragraph 15 of
the CUP Agreement also specifically provides "the City shall be entitled to levy a special
assessment against the (Edco) property. . . in accordance with Minn. Stat. Chapter 429"
in the event the City incurs any liability under the Easement Agreement and Edco fails to
indemnify the City from that liability. While the City will assume meaningful liability
exposure by entering into the Easement Agreement with the BCRRA, the provisions of
Paragraphs 6.A. and B.i. of the CUP Agreement will provide the City with protection
from this liability to the extent Edco and subsequent owners of the Edco property have
resources sufficient to honor the indemnity obligation to the City or the City is able to
recover liabilities that it incurs to the HCRRA by means of a special assessment levied
against the Edco property. In evaluating its approval of the Easement Agreement and
CUP Agreement, the City Council should consider whether the indemnity and special
assessment provisions of the CUP Agreement provide adequate protection from the
liabilities that will be assumed by the City under the Easement Agreement.
3. Paragraphs 6.B.ii and iii of the CUP Agreement also require Edco to obtain and dedicate
to the City certain easements that will be required for the purpose of managing storm
water from the Edco property and the adjacent property to the east owned by Living
Waters Church. These paragraphs require Edco to obtain and dedicate to the City a
drainage easement for storm water impoundment in the southwest comer of the Living
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Waters Church property and, also, to construct an underground storm sewer line
connecting to the public storm sewer in Second Street Northeast and to dedicate to the
City a 20 foot wide storm sewer easement centered on this new underground storm sewer
line to be constructed by Edco. All of the Drainage Facilities and improvements to be
constructed by Edco are to be completed in compliance with all applicable ordinances,
codes, rules and regulations of the City of Hopkins and the Minnehaha Creek Watershed
District.
4. Finally, Paragraph 9 of the CUP Agreement requires Edco to reimburse the City for all of
its out-of-pocket costs. Paragraph 14 requires Edco to provide the City with a letter of
credit or other acceptable form of security equal to the actual cost to complete the Access
Drive and Drainage Facilities for the purpose of securing Edco's agreement to complete
those improvements and facilities.
JSS
JSS/drs
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Agreement No. 73-32091
EASEMENT AGREEMENT
THIS AGREEMENT, made this _ day of , 2003, by and between
Hennepin County Regional Railroad Authority, a political subdivision and local government unit of
the State of Minnesota (hereinafter referred to as "HCRRA"); and the City of Hopkins, a municipal
corporation under the laws of the State of Minnesota (hereinafter referred to as "CITY").
RECITALS
A. HCRRA is the owner in fee simple of certain real property (hereinafter referred to as
"Easement Area") located in the County of Hennepin, State of Minnesota, hereinafter described as
follows:
See attached EXHIBIT "A" made a part hereof by this reference.
B. The Easement Area is part of the former Chicago and North Western Transportation
Company railroad right of way acquired by HCRRA for future transportation purposes, including,
without limitation, rail, bus, bicycle and foot travel, for the location of communication facilities,
including fiber optics lines, and for other future transportation uses (hereinafter referred to as
"HCRRA's Right of Way").
.
C. In connection with the construction of an addition to an existing building located on
real property situated immediately to the north of the Easement Area, which real property is legally
described in Exhibit B attached hereto and is herein referred to as the "Adjacent Property", it is
necessary to construct a 20 foot wide driveway to provide access to Tyler Avenue North and 2nd
Street Northeast located in the City of Hopkins to be used as a fire lane for the purpose of providing
access over the Easement Area for fire trucks and other emergency vehicles ("Emergency Vehicle
Access Drive") in case of a fire or other emergency occurring within the addition to be constructed
to the building on the Adjacent Property and additionally to construct above ground and subsurface
stormwater management and drainage facilities ("Drainage Facilities") to provide stonnwater
management and drainage for the Adjacent Property. HCRRA has agreed to grant the easement
hereinafter described over the Easement Area for this purpose, subject to the terms and conditions
stated in this Agreement.
D. HCRRA has granted permission to the Suburban Hennepin Regional Park District
(now known as Three Rivers Park District) pursuant to Permit Agreement No. 73-32001 dated
September, 1998 to use HCRRA's Right of Way on an interim basis for a recreational trail from the
City of Hopkins to the City of Minneapolis, Minnesota (hereinafter referred to as "Trail"). The
Emergency Vehicle Access Drive and Drainage Facilities will be located parallel with and to ,the
north of the Trail.
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E. HCRRA desires to pennit the construction and use of the Emergency Vehicle
Access Drive and Drainage Facilities in a manner that is consistent with HCRRA's current and
future intended use ofHCRRA's Right of Way.
F. The Easement Area, HCRRA's Right of Way, the Trail and the location in which the
Emergency Vehicle Access Drive and Drainage Facilities are to be constructed are depicted on
Exhibit C, attached hereto and made a part of this Agreement.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are incorporated in
and made a part of this Agreement, and in consideration of the sum of One and No/IOO Dollars
($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged,
HCRRA hereby grants to CITY, its successors and assigns the following:
A nonexclusive easement (the "Easement") for the construction, maintenance and use of 1)
a fire lane and access drive for fire trucks and other emergency vehicles for access to and from Tyler
Avenue North and 2nd Street Northeast located in the City of Hopkins (herein referred to as the
"Emergency Vehicle Access Drive") over the Easement Area and 2) the Drainage Facilities over,
under and across the Easement Area with the right to enter upon the Easement Area to construct,
maintain and repair driveway and drainage improvements for the purpose of maintaining, repairing
or replacing the Emergency Vehicle Access Drive and Drainage Facilities over, across, through and
under the Easement Area; together with the right to excavate and refill ditches and/or trenches for
the location of the Emergency Vehicle Access Drive and Drainage Facilities, and the further right to
remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction
and maintenance of said Emergency Vehicle Access Drive and Drainage Facilities, subject to the
tenns of this Easement Agreement. The Easement shall continue in effect indefinitely until its
tennination as provided in Paragraph 12, below.
1. CITY shall exercise the rights granted by this Easement Agreement in such a
manner as to be compatible with the use of HCRRA's Right of Way for transportation purposes,
including use for the Trail. In the event that use ofHCRRA's Right of Way requires modification or
relocation of the Emergency Vehicle Access Drive, at HCRRA's sole discretion, said modification
or relocation shall be made at CITY's sole cost, and not at HCRRA's cost, provided that, in no event,
I shall the Emergency Vehicle Access Drive be modified or relocated in any way that will interfere
with emergency vehicle access to the building constructed on the Adjacent Property or result in
noncompliance with fire or other safety codes. Upon one hundred twenty (120) days' written notice
from HCRRA to CITY, which notice shall state the specific modification or identify the new
location of the Emergency Vehicle Access Drive, CITY shall complete the relocation or
modification in accordance with plans submitted by CITY to HCRRA and agreed to by HCRRA in
accordance with Par. 2. In the event CITY fails to complete the required relocation or modification
within one hundred twenty (120) days ("Completion Period"), HCRRA may enter upon the
Easement Area and modify and relocate the Emergency Vehicle Access DIive in such a manner as
to be compatible with use of HCRRA's Right of Way for transportation purposes, provided the
Completion Period shall be extended for such period of time, but no longer than sixty (60) days, as
the CITY is unable to proceed with relocation or modification of the Emergency Vehicle Access
Drive due to inclement weather or other circumstances beyond the control of the CITY. CITY
shall pay to HCRRA the cost of modification or relocation incurred by HCRRA within thirty (30)
days of written invoice of the cost from HCRRA to CITY.
.
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In the event that use of HCRRA's Right of Way requires modification or relocation of the
Drainage Facilities, at HCRRA's sole discretion, said modification or relocation shall be made at
CITY's sole cost, and not at HCRRA's cost, provided that, in no event, shall the Drainage Facilities
be modified or relocated in any way that will interfere with or impair storm water management or
drainage for the Adjacent Property or result in non-compliance with any statute, ordinance, rule or
regulation applicable to storm water management or drainage from the Adjacent Property.
Upon one hundred twenty (120) days' written notice from HCRRA to CITY, which notice
shall state the specific modification or identifY the new location of the Drainage Facilities, CITY
shall complete the relocation or modification in accordance with plans submitted by CITY to
HCRRA and agreed to by HCRRA in accordance with Paragraph 2. In the event CITY fails to
complete the required relocation or modification within one hundred twenty (120) days
("Completion Period"), HCRRA may enter upon the Easement Area and modifY and relocate the
Drainage Facilities in such a manner as to be compatible with use of HCRRA's Right of Way for
transportation purposes, provided the Completion Period shall be extended for such period of time,
but no longer than sixty (60) days, as the CITY is unable to proceed with relocation or modification
ofthe Drainage Facilities due to inclement weather or other circumstances beyond the control ofthe
CITY. CITY shall pay to HCRRA the cost of modification or relocation incurred by HCRRA
within thirty (30) days of written invoice of the cost from HCRRA to CITY.
CITY shall not unreasonably interfere with the use of HCRRA's Right of Way for future
transportation purposes, including, without limitation, rail, bus, bicycle and foot travel, for the
location of communication facilities, including fiber optics lines, and for other future transportation
uses. CITY's use of the Easement Area is subservient to all federal laws and regulations governing
rail operations on the Right of Way.
.
2. Prior to construction of and any modification or relocation of the Emergency
Vehicle Access Drive and Drainage Facilities within the Easement Area, CITY shall submit its
plans to HCRRA for review and comment. HCRRA reserves the right to reject any plans for
construction, modification or relocation proposed by CITY by written notice to the CITY within
thirty (30) days of submission by the CITY on the grounds, that said plans are inappropriate or
incompatible with the future use of the Right of Way or with operations of the Trail, provided any
such plans must comply with applicable fire and other safety codes. Such notice shall state the
HCRRA's basis for rejection of the plans. In the event HCRRA rejects the plans, the Completion
Period shall be extended by sixty (60) days. CITY may submit revised plans upon rejection of the
plans by HCRRA, but there shall be no further extension of the Completion Period unless the
parties mutually agree to the extension. However, the HCRRA shall cooperate with the CITY in
resolving objections to the proposed plans. HCRRA's failure to notifY the CITY within thirty (30)
days of the CITY's submission of the plans and/or revised plans to HCRRA shall be deemed
acceptance of the plans
3. CITY shall give HCRRA at least three working days' advance notice prior to entry
on to the Easement Area for purposes of constructing, repairing, or replacing the Emergency
Vehicle Access Drive or Drainage Facilities or where such entry involves excavation or other
physical alteration of the Emergency Vehicle Access Drive or Drainage Facilities or otherwise will
interfere with safe passage along HCRRA's Right of Way. For each entry, the notice shall identifY
the date, time, location and the precise nature of the activities to be conducted on the Easement
.
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Area. CITY shall take all reasonable precautions to assure the safety of passage along HCRRA's
Right of Way.
.
CITY and its contractors shall not interfere with operations upon HCRRA's Right of Way
except with the consent ofHCRRA which consent shall not be unreasonably withheld.
4. No work shall be done or obstruction placed over any track or pathway on
HCRRA's Right of Way unless CITY has arranged to furnish, at the CITY's or its contractors'
expense, such flagging as HCRRA deems necessary for the protection of railroad or other
transportation operations on the Right of Way. Such flagging shall not relieve the CITY or its
contractors from any liability.
5. Construction equipment and related equipment shall not be placed closer than
10 feet from the nearest rail of any track, pathway or trail located on HCRRA's Right of Way
without CITY taking all reasonable precautions to protect the safety of passage along HCRRA's
Right of Way.
.
6. CITY agrees to indemnify, defend and hold HCRRA and its officers, directors and
employees harmless fi'om and against all liability, loss, cost, damage or expense of every nature
including, without limitation, attorneys' fees, whether or not suit be brought, resulting from injury to
or death of persons or loss or destruction to property which arises out of or in any way is connected
with or incident to the exercise of CITY's rights on, over, and across the Easement Area, including
without limitation for failure of the design of the Drainage Facilities. Notwithstanding the
foregoing, this provision does not waive CITY's statutory and common-law rights to limitations on
liability, and CITY shall not be liable for that portion of liability, loss, cost, damage, or expense
arising solely from the intentional or negligent act or omission by HCRRA or, its officers, agents,
employees, contractors, invitees, successors, or assigns.
7. CITY hereby covenants and warrants that it shall not use, employ, deposit, store,
dispose of, place or otherwise release on the Easement Area, in connection with the exercise of its
rights under this Easement Agreement, any hazardous substance, hazardous waste or pollutant or
contaminant, except in full compliance with all applicable laws, nor shall it create or permit any
condition on the Easement Area that could present a threat to human health or to the environment.
CITY agrees to indemnify defend and hold HCRRA and its successors and assigns harmless against
any and all liability, loss, cost, damage or expense resulting from or due to the release of or
threatened release of hazardous substances, hazardous wastes or any pollutants or contaminants, or
any other environmentally regulated materials, including petroleum products and the various
constituents thereof, which were, or are claimed or alleged to have been used, employed, deposited,
stored, disposed of, placed or otherwise released on or from the Easement Area by CITY, its
employees, agents, contractors or representatives, including those released on or from the Easement
Area in full compliance with all applicable laws where said release is the result of an emergency
response.
.
8. The rights herein granted are subject to existing rights of way, whether or not of
record, for roadways, pipelines, canals, laterals, ditches, communication facilities, including fiber
optics, electrical or other transmission lines, and should it, at any time, become necessary because of
CITY's use of the Easement Area to relocate any of said facilities by reason of CITY's exercise of
the rights granted herein, CITY, and not HCRRA, shall bear and pay the cost of so doing.
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CITY also accepts said Easement Area subject to any want or failure at any time of
HCRRA's title to said Easement Area or any part thereof and CITY shall assume any damages
sustained by CITY in connection therewith.
CITY also accepts such Easement Area subject to rights of any party, including HCRRA, in
and to any roadways, easements, leases and permits, whether granted, at HCRRA's sole discretion,
either prior to or after the date of this Easement Agreement except that any subsequent grant shall
not unreasonably interfere with CITY's use of the Easement Area, Emergency Vehicle Access Drive
and Drainage Facilities.
9. CITY agrees to provide to HCRRA reasonable access over and through the
Easement Area should such access be deemed necessary by HCRRA. CITY accepts said
Easement Area subject to the right of HCRRA, its employees, agents, permittees, lessees, and
contractors when reasonably necessary to walk upon said Easement Area to repair adjacent
property and the right of HCRRA, its employees, agents, permittees, lessees, and contractors to
temporarily place equipment upon the Easement Area when reasonably necessary for the purpose
of maintaining, repairing, inspecting or constructing upon HCRRA's property, provided the
placement of such equipment shall not interfere with the use of the Emergency Vehicle Access
Drive by fire trucks or other emergency vehicles.
.
10. Said easement shall be non-exclusive and shall not in any manner restrict HCRRA
from granting for fair market value, other fair consideration or without consideration, subsequent
rights to use of its Right of Way for transportation purposes, or other public purpose consistent
with the continuing use of the Emergency Vehicle Access Drive, nor shall the continued use of
this easement create a roadway accruing to the public or any individual in the meaning of Minn.
Stat. Sec. 160.05, subd. 2.
11. This Agreement and the Easement shall run with the title to HCRRA's Right of
Way and shall be binding upon the HCRRA, its successors and assigns, until terminated by the
terms of this Agreement. The terms of this Easement Agreement are for the benefit of the parties
and are not to be construed as creating third party beneficiary rights and are not to be construed
as creating a right in favor of the CITY to assign any of its rights and obligations created by this
Easement Agreement to third parties. However, the CITY shall be entitled to enter into an
agreement with the owner of the Adjacent Property allowing the owner of the Adjacent Property
to use the Easement for construction, maintenance, repair and use of the Drainage Facilities and
the Emergency Vehicle Access Drive in accordance with the terms of this Agreement. City shall
implement reasonable measures to not allow, nor permit, use of the Emergency Vehicle Access
Drive for anything except for emergency access by fire trucks and emergency vehicles for
emergencies occurring within the building currently located on the Adjacent Property and the
addition to be constructed to such building.
.
12. This Easement shall terminate one hundred eighty (180) days after such time that
either the addition to the building on the Adjacent Property or the building to which it was
attached has been destroyed or demolished, and the same shall have not been reconstructed or
replaced upon the same footprint within one hundred eighty (180) days of destruction or
demolition. Further this easement shall terminate within one hundred eighty (180) days of its
execution if construction of a new addition has not been substantially completed upon the
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Adjacent Parcel. This easement as to the Emergency Vehicle Access Drive shall terminate
within one hundred eighty (180) days of its execution if the new addition has been constructed in
such a manner that does not require access for fire trucks and emergency vehicles over the
Easement Area in order to comply with statutes, codes, ordinances and regulations applicable as
of the date of this Agreement. This easement as to the Drainage Facilities shall terminate within
one hundred eighty (180) days of its execution if the new addition has been constructed in such a
manner that does not require construction of a drainage facility on the Easement Area in order to
comply with statutes, codes, ordinances and regulations applicable as of the date of this
Agreement. Upon termination, City shall provide to HCRRA a release of easement suitable for
recording. The 180-day time period stated in this paragraph for the construction or
reconstruction of the addition to the building on the Adjacent Property shall be extended for such
period of time, but no longer than sixty (60) days, as construction or reconstruction is delayed
due to inclement weather or other circumstances beyond the control of the party performing such
work.
13. ,Any notice which one party to this Agreement wishes or is required to give to the
other party will be regarded as effective if such notice is in writing and either delivered
personally to such party or such notice is sent by certified mail, return receipt requested and
postage prepaid, addressed as follows:
To Grantor:
Hennepin County Regional Railroad Authority
417 North Fifth Street, Suite 320
Minneapolis, MN 55401-1362
Attention: Manager, Hennepin County Regional Railroad Authority
.
To Grantee:
City of Hopkins
1010 First Street South
Hopkins, MN 55343
Attention: Public Works Director
Either party may change the above address for notices by written notice to the other party
given in the manner provided in this paragraph.
[REMAINDER OF P AGE INTENTIONALLY LEFT BLANK.]
.
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IN WITNESS WHEREOF, the said parties have caused this Agreement to be
executed the day and year first above written.
GRANTOR:
GRANTEE:
Hennepin County Regional Railroad Authority City of Hopkins
By:
By:
Chair of Its Board
Its:
Its:
By:
Deputy/Executive Director
By:
Its:
ATTEST:
Deputy/Clerk ofIts Board
Approved as to form
Assistant Hennepin County Attorney
Date
. Approved as to execution
Assistant Hennepin County Attorney
Date
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this _ day of
, 2003, by and
~ md
ofthe Hennepin County Regional Railroad Authority,
a Minnesota political subdivision and local government unit of the State of Minnesota.
Notary Public
.
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The foregoing instrument was acknowledged before me this _ day of
,2003, by and
fue md
of the City of Hopkins, a Municipal corporation, under
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN)
the laws of the S tate of Minnesota.
THIS INSTRUMENT WAS DRAFTED BY
AND RETURN DOCUMENT TO:
Jeremy S. Steiner, Esq.
Miller, Steiner & Curtiss, P.A.
1011 First Street South
Hopkins, MN 55343
952-938-7635
.
.
c: Hopciv\EasernentEdco
Notary Public
8
EXHIBIT A
.
LEGAL DESCRIPTION OF EASEMENT AREA
[describing the north 25 feet of the ROW)
.
9
c' Hopciv\Easement Edco
.
.
.
c:HopcivlEasemenlEdco
EXHIBIT B
LEGAL DESCRIPTION OF ADJACENT PROPERTY
10
EXHIBIT C
.
DRAWING OF EASEMENT AREA, HCRRA'S RIGHT OF WAY, TRAIL
AND EMERGENCY VEHICLE ACCESS DRIVE AND DRAINAGE FACILITY
.
.
c' Hopciv\Easement Edco
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