IV.6. Resolution Authorizing the execution of a permanent easement agreement and a second amendment to temporary easement agreement to accommodate the SWLRT Green Line Extension; Stanley784758.v1
March 15, 2022 City Council Report 2022-029
Easement Agreements with Metropolitan Council for SWLRT Green Line Extension
Proposed Action: Staff recommends the City Council adopt the following motion:
• Move to adopt Resolution 2022-023, authorizing the execution of a permanent easement
agreement and a second amendment to temporary easement agreement to accommodate the
SWLRT Green Line Extension.
Background/Recommendation
The Metropolitan Council is in the process of designing and constructing the Green Line Extension,
also known as the Southwest Light Rail Transit (SWLRT) Project, which will extend existing light rail
transit through numerous western suburbs, including Hopkins. In 2019, the City entered into a
temporary easement agreement with the Metropolitan Council granting a temporary construction
easement over a portion of City-owned property located on and around a former landfill site. Due to
the property being located on a former landfill site, there are certain restrictions on said property that
were previously imposed by the Minnesota Pollution Control Agency (MPCA). Therefore, the MPCA
was part of the negotiations related to the temporary easement and continues to be involved in
discussions related to the SWLRT project.
The above-described temporary easement agreement was amended in 2020, again with the MPCA’s
consent, to expand the easement area to accommodate construction access to the SWLRT site. Due
to changes in the project timeline, the Metropolitan Council recently requested that the parties
implement a second amendment to the temporary easement agreement. A second amendment
instrument has been negotiated by all parties, including the City, the Metropolitan Council, and MPCA,
which extends the term of the temporary easement through the end of 2024, subject to an optional
extension of up to one year.
Additionally, the Metropolitan Council has requested that the City enter into a separate permanent
easement agreement to provide perpetual access and transit easements over portions of the same City-
owned property that is subject to the aforementioned temporary easement agreement. The easements
are necessary to provide the Metropolitan Council with permanent easements over said property for
the long-term operation and maintenance of the SWLRT project. To that end, all three parties have
likewise negotiated an instrument that will provide the Metropolitan Council with said easement rights.
The city attorney has reviewed both of the aforementioned easements instruments that are now being
presented for approval, and the public works director has reviewed the easements and has no concerns
about their scope, duration, or location. Staff recommends that the City Council approval the
resolution presented, which expressly conditions the City’s execution of the instruments on first
securing the required consent documents from MPCA.
Supporting Documents
• Resolution 2022-023
• Second Amendment to Temporary Easement Agreement
• Permanent Easement Agreement
• Fully Executed Temporary Easement Agreement
784758.v1
• Fully Executed First Amendment to Temporary Easement Agreement
/s/ David T. Anderson
Dave Anderson
Assistant City Attorney
1
CITY OF HOPKINS, MINNESOTA
RESOLUTION NO. 2022-023
RESOLUTION AUTHORIZING THE EXECUTION OF A
PERMANENT EASEMENT AGREEMENT AND A SECOND
AMENDMENT TO TEMPORARY EASEMENT AGREEMENT
TO ACCOMMODATE THE SWLRT GREEN LINE EXTENSION
WHEREAS, the Metropolitan Council intends to construct, operate, and maintain the
Green Line Extension, also referred to as the Southwest Light Rail Project (the “Project”), a portion
of which will be located in the City of Hopkins (the “City”); and
WHEREAS, to accommodate the Project, the Metropolitan Council has requested that the
City grant and convey to it a permanent access easement and a permanent transit easement over
portions of City-owned property located on and around a former landfill site; and
WHEREAS, to that end, the parties have negotiated a Permanent Easement Agreement
(the “Permanent Easement”), which has been prepared, reviewed by the City Attorney, and
presented to the City Council on the date of this Resolution; and
WHEREAS, on January 11, 2019, the City and the Metropolitan Council entered into a
separate Temporary Construction Easement Agreement (the “Temporary Agreement”) to
accommodate elements of the Project’s construction on and around the same landfill property
referenced above; and
WHEREAS, on June 25, 2020, the parties modified the Temporary Agreement pursuant
to that certain First Amendment to Temporary Easement Agreement (the “First Amendment”) in
order to accommodate additional easement area for temporary construction access for the Project;
and
WHEREAS, pursuant to its terms, the Temporary Agreement is scheduled to expire on
June 2, 2023, subject to a limited extension period; and
WHEREAS, due to necessary adjustments in the Project schedule, the Metropolitan
Council has requested that the City enter into a Second Amendment to Temporary Easement
Agreement (“Second Amendment”), which also has been prepared, reviewed by the City Attorney,
and presented to the City Council on the date of this Resolution; and
WHEREAS, the Second Amendment merely extends the term of the Temporary
Agreement through December 31, 2024 and provides the Metropolitan Council with the right to
extend said term for up to one additional year; and
WHEREAS, pursuant to that certain Easement, Declaration of Restrictions and
Covenants, and Landfill Cleanup Agreement, recorded with Hennepin County as Document Nos.
6566524, 6566525, and 6566526, respectively, the Minnesota Pollution Control Agency
2
(“MPCA”) previously consented to the Temporary Agreement and the First Amendment, and due
to the location of all respective easements mentioned above, MPCA must also consent to both the
Permanent Easement and Second Amendment before the City may execute such instruments.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota that the recitals above are fully incorporated into and made a part of this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City
of Hopkins, Minnesota that the Permanent Easement and the Second Amendment are both
approved and the Mayor and City Manager are hereby authorized to execute said instruments,
provided, however, that such approval and execution is expressly conditioned on the MPCA and
Metropolitan Council first executing a written consent instrument related to the Permanent
Easement and Second Amendment in a form approved by the City Attorney.
NOW, THEREFORE, BE IT FINALLY RESOLVED, by the City Council of the City
of Hopkins, Minnesota that the Mayor, City staff, City attorney and City consultants are hereby
authorized and directed to take any and all additional steps and actions necessary or convenient in
order to accomplish the intent of this Resolution.
Approved this 15th day of March, 2022 by the City Council of the City of Hopkins, Minnesota.
CITY OF HOPKINS, MINNESOTA
Patrick Hanlon, Mayor
Attest:
Amy Domeier, City Clerk
PARCELS P4002, P4003, P4004
FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT
THIS FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT (this “First Amendment”) is made and entered into this ___ day of _______________, 2020, by and between the CITY OF HOPKINS, a Minnesota municipal corporation (“Grantor”), and the METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota (“Grantee”). This Agreement sometimes refers to Grantor and Grantee individually as a “Party” and collectively as the “Parties.”
WITNESSETH:
WHEREAS, the Grantor and Grantee entered into a Temporary Construction Easement Agreement, on or about January 11, 2019 to enable the Grantee to construct the Green Line Extension, also referred to as the Southwest Light Rail Project (Original Agreement). WHEREAS, subsequent to the Parties’ execution of the Original Agreement, the Parties have determined that the depiction of the Temporary Construction Easement Area, as defined in the Original Agreement, must be modified to completely construct a 25’-0” wide access road for crane access and bridge construction of the Project. The additional Temporary Construction Easement Area will require the removal and replacement of an existing fence on the Property, as defined in the Original Agreement. WHEREAS, pursuant to that certain Easement, Declaration of Restrictions and Covenants, and Landfill Cleanup Agreement, recorded with Hennepin County as Document Nos. 6566524, 6566525, and 6566526, respectively, the Minnesota Pollution Control Agency (“MPCA”) has consented to this First Amendment, as indicated in that certain First Amendment to Consent and authorization of the Commissioner of the Minnesota Pollution Control Agency Pursuant to Landfill Cleanup Agreement, which has been executed by both the MPCA and Grantee and is attached hereto as Exhibit A. WHEREAS, the Parties desire to execute this First Amendment to Temporary Construction Easement Agreement to modify the existing depiction of the Temporary Construction Easement Area set forth in Exhibit C to the Original Agreement with the substitution of a new exhibit. WHEREAS, the Parties desire that all other terms of the Original Agreement continue unchanged and remain in full force and effect.
NOW THEREFORE, in consideration for the mutual promises made herein, the Parties agree as follows:
1. Amendment of Temporary Construction Easement Agreement. Exhibit C of the Original Agreement shall be replaced with Exhibit C.1 attached hereto and made a part hereof. Exhibit C of the Original Agreement shall be of no further force and effect.
Execution. This First Amendment may be executed and delivered in
counterparts, each of which shall be deemed to be an original and aII of which,
taken together, shall be deemed to be one document.
Effect of Amendment. The Original Agreement remains in fuII force and effect
and is not modified except as expressly provided herein.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first set forth above.
METROPOLITAN COUNCIL,
a public corporation and political subdivision under the
laws of the State of Minnesota,
STATE OF MINNESOTA )
)ss
couNTv oF RAMSEY )
I, the undersigned, a Notary Public in and for Ramsey County, Minnesota, do hereby
certiSr that Mary Bogie, the Deputy Regional Administrator of the Metropolitan Council, a
public body appeared before me this day in person and acknowledged that she signed and
delivered said instrument on behalf of said public body.
2.
3.
Given und.er my hand and offrcial seal this 2 S 4 day of 1/tg ,2020.)u>JEAN E. JOHNS
Notary Publh-Minnesota
My Cornnrb.ion Expitt! Jan 31, Axx,
Notary Public
nal Administrator
EXHIBIT A
FIRST AMENDMENT TO CONSENT AND AUTHORIZATION
[to be attached once executed]
permanent fencing that must meet or exceed the quality and specifications of
the existing fence.
M. Any silt fence installed at the site must be free standing and not supported
by any existing fence.
N, Council shall notify MPCA of any damage to MPCA owned infrastructure
within 24-hours of damage occurring, and shall notify MPCA 24-hours prior to
rernoving the MPCA's fence.
. This Amendment to Authorization may be executed and delivered in
counterparts, each of which shall be deemed to be an original and all of which, taken together,
shall be deemed to be one document.
C..Fffggt of Amendment. The Authorization remains in full force and effect and is not modified
except as expressly provided herein.
MI NNESOTA POLLUTION CONTROT AGENCY
By;
Kathryn Sather,te of the Commissioner
Division Director, Remediation Division
M innesota Pollution control Agency
Dated:6/ a/a-oa.D
METROPOLITAN COUNCIT*' ry4%,Name: *l nrev L, RdOte
Dated: 0 /.o - n, -
PARCELS P4002, P4003, P4004
FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT
THIS FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT (this “First Amendment”) is made and entered into this ___ day of _______________, 2020, by and between the CITY OF HOPKINS, a Minnesota municipal corporation (“Grantor”), and the METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota (“Grantee”). This Agreement sometimes refers to Grantor and Grantee individually as a “Party” and collectively as the “Parties.”
WITNESSETH:
WHEREAS, the Grantor and Grantee entered into a Temporary Construction Easement Agreement, on or about January 11, 2019 to enable the Grantee to construct the Green Line Extension, also referred to as the Southwest Light Rail Project (Original Agreement). WHEREAS, subsequent to the Parties’ execution of the Original Agreement, the Parties have determined that the depiction of the Temporary Construction Easement Area, as defined in the Original Agreement, must be modified to completely construct a 25’-0” wide access road for crane access and bridge construction of the Project. The additional Temporary Construction Easement Area will require the removal and replacement of an existing fence on the Property, as defined in the Original Agreement. WHEREAS, pursuant to that certain Easement, Declaration of Restrictions and Covenants, and Landfill Cleanup Agreement, recorded with Hennepin County as Document Nos. 6566524, 6566525, and 6566526, respectively, the Minnesota Pollution Control Agency (“MPCA”) has consented to this First Amendment, as indicated in that certain First Amendment to Consent and authorization of the Commissioner of the Minnesota Pollution Control Agency Pursuant to Landfill Cleanup Agreement, which has been executed by both the MPCA and Grantee and is attached hereto as Exhibit A. WHEREAS, the Parties desire to execute this First Amendment to Temporary Construction Easement Agreement to modify the existing depiction of the Temporary Construction Easement Area set forth in Exhibit C to the Original Agreement with the substitution of a new exhibit. WHEREAS, the Parties desire that all other terms of the Original Agreement continue unchanged and remain in full force and effect.
NOW THEREFORE, in consideration for the mutual promises made herein, the Parties agree as follows:
1. Amendment of Temporary Construction Easement Agreement. Exhibit C of the Original Agreement shall be replaced with Exhibit C.1 attached hereto and made a part hereof. Exhibit C of the Original Agreement shall be of no further force and effect.
2.Execution. This First Amendment may be executed and delivered in
counterparts, each of which shall be deemed to be an original and all of which,
taken together, shall be deemed to be one document.
3.Effect of Amendment. The Original Agreement remains in full force and effect
and is not modified except as expressly provided herein.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first set forth above.
METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota,
By: ________________________________ Title: Deputy Regional Administrator
STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY )
I, the undersigned, a Notary Public in and for Ramsey County, Minnesota, do hereby certify that Mary Bogie, the Deputy Regional Administrator of the Metropolitan Council, a public body appeared before me this day in person and acknowledged that she signed and delivered said instrument on behalf of said public body.
Given under my hand and official seal this ____________ day of __________, 2020.
_________________________ Notary Public
CITY OF HOPKINS, a Minnesota municipal corporation, By: Jason Gadd Title: Mayor By: __________________________ Michael Mornson Title: City Manager STATE OF MINNESOTA ) ) ss COUNTY OF HENNIPIN ) I, the undersigned, a Notary Public in and for Hennepin County, Minnesota, do hereby certify that Jason Gadd and Michael Mornson, the Mayor and the City Manager of the City of Hopkins, a Minnesota municipal corporation, appeared before me this day in person and each acknowledged that she signed and delivered said instrument on behalf of said corporation. Given under my hand and official seal this ____________ day of __________, 2020. ___________________________ Notary Public This instrument drafted by: Office of the General Counsel Metropolitan Council 390 North Robert Street Saint Paul, MN 55101
EXHIBIT A
FIRST AMENDMENT TO CONSENT AND AUTHORIZATION
[to be attached once executed]
EXHIBIT C.1
TEMPORARY CONSTRUCTION EASEMENT AREA DEPICTION
EXHIBIT C.1
TEMPORARY CONSTRUCTION EASEMENT AREA DEPICTION
PARCELS P4002. P4003. P 400 4
TEMPORARY EASEMENT AGREEMENT.
THIS TE~PORARY EASEMENT AGREEMENT (this "Agreement") is made and
entered into this 1 l~d ay of aa VU.A a'%' 2019, by and between the CITY OF HOPKINS,
a Minnesota municipal corp ·a tion ("G ntor"), and the METROPOLITAN COUNCIL, a
public corporation and political subdivision under the law of the State of Minnesota
("Grantee"). This Agreement sometimes refers to Grantor and Grantee individually as a
"Party" and collectively as the "Parties."
WITNESSETH:
WHEREAS, Gran tor is the fee owner of the real property that is legally described on
Exhibit A attached hereto (the "Property"); and
WHEREAS, the Grantee intends to locate, install, construct, operate, and maintain
a light rail transit system (the "LRT') and its associated improvements adjacent to the
Property; and
WHEREAS, pursuant to that certain Easement, Declaration of Restrictions and
Covenants, and Landfill Cleanup Agreement, recorded with Hennepin County as Document
Nos. 6566524, 6566525, and 6566526, respectively, the Minnesota Pollution Control Agency
("MPCA") has consented to this Agreement upon certain conditions, as indicated in that
certain Consent and Authorization of the Commissioner of the Minnesota Pollution Control
Agency Pursuant to Landfill Cleanup Agreement, which has been executed by both the
MPCA and Grantee and is attached hereto as Exhibit B.
NOW THEREFORE, in consideration for the mutual promises made herein, the
Parties agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its
agents, permitees, successors and assigns, the following described easement:
a. Temporary Construction Easement. A temporary, non-exclusive
construction easement over, under and across that part of the Property depicted on
the attached Exhibit C (the "Temporary Construction Easement Area") to
provide access for the Grantee to locate, install and construct the LRT and its
associated improvements adjacent to the Property. Grantee shall use the Property as
an access for various construction equipment, vehicles and conveyance of materials
and not for long-term storage and laydown.
Subsequent to the commencement date of the Agreement, as written below, and until such
Temporary Construction Easement has expired, Grantor, its heirs, successors and assigns,
shall not erect, construct, or create any building, improvement, obstruction, perpendicular
utility crossing, or structure of any kind, either above or below the surface of the Temporary
Construction Easement or plant any trees, or stockpile construction debris or construction
1
523742v5 HPl45-18
equipment, or change the grade thereof of the Temporary Construction Easement without
the express written: permission of the Grantee.
2. Term of Temporary Construction Easement. The Temporary Easement
defined above shall commence immediately upon execution of this Agreement and, subject to
paragraph 3 below, expire on June 2, 2023.
3. Extension Option of Temporary Construction Easement. With respect to
the expiration date above, the Grantee shall have the option to extend the term of the
Temporary Construction Easement for up to one (1) six (6)-month period. Such option for
extension shall be exercised by written notice from Grantee delivered to Grantor not less
than fourteen (14) days prior to the expiration of the term of the Temporary Construction
Easement.
4. Restoration of Temporary Construction Easement Area. Prior to the
expiration date of the Temporary Construction Easement, Grantee shall restore the
Temporary Construction Easement Area by matching the original surface grade as far as
reasonably practicable and restoring all surfaces to like condition, with MPCA's concurrence,
either grass seeding or sodding or either paved or gravel surface, as the case may be. Grantee
shall promptly repair and replace any portion of the Property and any landscaping or other
improvements thereto which may be damaged or destroyed in connection with the exercise
of the Temporary Construction Easement by Grantee, its contractors, agents, and employees.
5. Indemnification. Grantee agrees to indemnify, save harmless, and defend
Grantor and its officers and employees, from and against any and all claims, actions,
damages, liability and expense in connection with personal injury or damage to the Property
arising from or out of any occurrence in, upon or at the Property caused by the negligent act
or omission of Grantee, its contractors, agents, and employees in exercising the rights granted
herein, except (a) to the extent caused by the negligence, gross negligence, willful
misrepresentation or any willful or wanton misconduct by Grantor, its officers, employees,
agents or contractors; and (b) to the extent caused by a "Pre-Existing Condition" as defined
in this paragraph 5. "Pre-Existing Condition" shall mean any condition caused by the
existence of hazardous substances or materials in, on, or under the Property, including
without limitation hazardous substances released or discharged into the drainage systems,
soils, groundwater, waters or atmosphere, which condition existed as of the date of this
Agreement and became known or was otherwise disclosed or discovered by reason of
Grantee's entry onto the Property. Nothing contained in this Agreement shall be construed
as a waiver by the Parties of any limitations on liability contained in Minnesota Statutes,
Chapter 466.
6. Covenant of Ownersbip. Grantor covenants that it is the lawful owner and
is in lawful possession of the Property and has lawful right and authority to convey and grant
the Temporary Construction Easement.
7. Notices and Demands. All notices, requests, demands, consents, and other
communications required or permitted under this Agreement shall be in writing and shall be
deemed to have been duly and properly given three (3) business days after the date of mailing
if deposited in a receptacle of the United States mail, first class postage prepaid, addressed
to the intended recipient as follows:
2
523742v5 HP145-18
Gran tor: City of Hopkins
1010 First Street South
Hopkins, MN 55343
Attn: City Manager
Grantee: Metropolitan Council
390 Robert Street North
St. Paul, MN 55101-1805
Attn: Real Estate Office
8. Termination or Amendment of Temporary Easement. The Temporary
Construction Easement declared, granted, established and conveyed herein is temporary in
nature and may be terminated or amended only by an agreement in writing signed by both
Parties, or their successors and assigns, or in accordance with the expiration dates and terms
contained herein.
9. Closed Landfill. The Temporary Easement declared, granted, established
and conveyed herein is subject to the Conditions of Consent contained in the Consent and
Authorization of the Minnesota Pollution Control Agency Pursuant to Landfill Cleanup
Agreement attached hereto as Exhibit B.
10. Miscellaneous.
a. Further Actions. The Parties agree to execute and deliver all further
documents and take all further actions reasonably necessary or appropriate to
effectuate the purposes of this Agreement.
b. Time of the Essence. Time is of the essence of each provision in this
Agreement where time is a factor.
c. Waiver. No waiver of any provision of this Agreement shall be binding
unless executed in writing by the Party making the waiver. No waiver of any
provision of this Agreement shall be deemed to constitute a waiver of any other
provision, whether or not similar, nor shall any waiver constitute a continuing waiver
unless the written waiver so specifies.
d. Binding Covenants. The provisions herein shall be deemed covenants
that run with the land, and shall be binding upon and inure to the benefit of the
Parties hereto and their respective successors and assigns.
e. Governing Law. This Agreement has been made under the laws of the
State of Minnesota and such laws shall control its interpretation.
f. Counterparts. This Agreement and any amendments to this Agreement
may be executed in counterparts, each of which shall be fully effective and all of which
together shall constitute one and the same instrument.
3
523742v5 HP145-18
g. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
h. No Presumption against Drafter. This Agreement has been negotiated
at arm's length and between persons sophisticated and knowledgeable in the matters
dealt with herein. Accordingly, this Agreement shall be interpreted to achieve the
intents and purposes of the Parties, without any presumption against the Party
responsible for drafting any part of this Agreement.
[signature pages to follow]
4
523742v5 HP145-18
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first set forth above.
STATE OF MINNESOTA )
) SS
COUNTY OF RAMSEY )
METROPOLITAN COUNCIL,
a public corporation and political subdivision under the
laws of the State of Minnesota,
~i~e: ~xa,f ,~ ~
I, the undersigned, a Notary Public in and for Ramsey County, Minnesota, do hereby certify
that \~ l o~ i:/Jo i nhCO\ , the Regional Administrator of the Metropolitan Council, a
IV"""
public body appeared before me this day in person and acknowledged that he signed and
delivered said instrument on behalf of said public body.
ELI ZAB ETH I\ SIJND
Notafj ?u,b Uc
Mfflflesota
My ComJl?is5ion Expires
J a n 31 , l.023
523742v5 HP145-18
----=~~8'"----lh __ aay of oec omk:iqf,l 201 L .
5
CITY OF HOPKINS,
a Minnesota municipal corporation,
By:
Title:
Molly Cfimmings
Mayor
By:
Title: City Manager
STATE OF MINNESOTA )
) SS
COUNTY OF HENNIPIN )
I, the undersigned, a Notary Public in and for (j(}Vll/l{4f \ V1 County, Minnesota, do
hereby certify that Molly Cummings and Michael Mornson)tHe Mayor and the City Manager
of the City of Hopkins, a Minnesota municipal corporation, appeared before me this day in
person and each acknowledged that she signed and delivered said instrument on behalf of
said corporation.
Given under my hand and official seal this _ ..... 1 -"-l fb ______ day tf ~~201£1
{(DOw£UV\
Notary Public
AMY JO DOMEIER
NOTARY PUBLIC· MINNESOTA
My C()rl'lmls &lon Expires
J nuary 31 , 2021
This instrument drafted by:
Office of the General Counsel
Metropolitan Council
390 North Robert Street
Saint Paul, MN 55101
523 742v5 HP145-18
6
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
P4002 -P.l.D. -25-117-22-32-0092
That part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 117,
Range 22 lying South of the Chicago Milwaukee, St. Paul and Pacific Railway and EXCEPT
the North 33 feet of the Ease 531.74 feet thereof.
ALSO EXCEPT:
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
Commencing at the point of intersection of the North line of said South Half with the
Southeasterly right·of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad;
thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to
the point of beginning of the land to be described: Thence Southeasterly at right angles to
said right-of-way line a distance of 150 feet; thence Southwesterly parallel to and 150 feet
Southeasterly of said Southeasterly right-of-way Railroad line to the West line of said
section 25; thence North along said Section line to its intersection with the said
Southeasterly right-of-way line of said Railroad; thence Northeasterly along said
Southeasterly right-of-way Railroad line to the point of beginning.
ALSO EXCEPT:
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
Commencing at the point of intersection of the North line of said South Half of said Section
25 with the Southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Right of Way; thence Southwesterly along said Railroad right of way line a
distance of 200 feet; thence at right angles Southeasterly a distance of 150 feet; thence
Northeasterly at right angles a distance of 200 feet; thence Northwesterly in a straight line
to the point of beginning.
ALSO EXCEPT:
That part of the East 195.78 feet of the Northwest Quarter of the Southwest Quarter of
Section 25, Township 117 North, Range 22 West of the Fifth Principal Meridian, which lies
south of a line 33.00 feet south of, measured at right angles and parallel with the north line
of the Northwest Quarter of the Southwest Quarter of said Section 25.
ALSO EXCEPT
That part of the West 12.75 chains of the south half of the South west Quarter of the
Northwest Quarter lying southeasterly of the railroad right of way in Section 25, Township
117, Range 22;
Also EXCEPT
That part of Section 25, Township 117, Range 22, described as follows; Beginning at the
point of intersection of the centerline of7th Street South, extended westerly, with the
southeasterly line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence
southeasterly at right angles to the southeasterly line of the Chicago, Milwaukee, St. Paul
& Pacific Railroad, a distance of 150 feet; thence northeasterly to a point in the centerline of
7th Street South, 250.82 feet east of the Chicago, Milwaukee, St. Paul & Pacific Railroad;
thence westerly to the point of beginning.
A-1
523742v5 HP145-18
P4003 -P.I.D. -25-117-22-32-0091
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
Commencing at the point of intersection of the North line of said South Half with the
Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad;
thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to
the point of beginning of the land to be described: Thence Southeasterly at right angles to
said right-of-way line a distance of 150 feet; thence Southwesterly parallel to and 150 feet
Southeasterly of said Southeasterly right-of-way Railroad line to the West line of said
section 25; thence North along said Section line to its intersection with the said
Southeasterly right-of-way line of said Railroad ; thence Northeasterly along said
Southeasterly right-of-way Railroad
line to the point of beginning.
A-2
523742v5 HP145-18
P4004 -P.I.D. -25-117-22-32-0070
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
Commencing at the point of intersection of the North line of said South Half of said Section
25 with the Southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Right of Way; thence Southwesterly along said Railroad right of way line a
distance of 200 feet; thence at right angles Southeasterly a distance of 150 feet; thence
Northeasterly at right angles a distance of 200 feet; thence Northwesterly in a straight line
to the point of beginning.
A-3
523742v5 HP145-18
EXHIBIT B
CONSENT AND AUTHORIZATION DOCUMENT
[to be inserted]
B-1
523742v5 HP145-18
CONSENT AND AUTHORIZATION OF
THE COMMISSIONER OF
THE MINNESOTA POLLUTION CONTROL AGENCY
PURSUANT TO LANDFILL CLEANUP AGREEMENT
WHEREAS, the City of Hopkins, a municipal corporation created and existing under the laws of
the State of Minnesota (the "City"), is the owner of certain real property located in Hennepin County,
Minnesota, legally described in Exhibit 1 (the "Property");
WHEREAS, the Metropolitan Council, a public corporation and political subdivision under the
law of the State of Minnesota, (the "Council") wishes to use a portion of the Property to locate, install
and construct a light rail transit system and its associated improvements on land adjacent to the
Property (the "Project"), as described in project plans included in emails from the Council dated April 16,
2018, and June 26, 2018, both attached hereto as Exhibit 2 ("Project Plans");
WHEREAS, the City wishes to grant a Temporary Easement Agreement (the "Temporary
Easement") to the Council to complete the Project, attached hereto as Exhibit 3;
WHEREAS, the Property is a Qualified Facility, as defined by Minn. Stat.§ 115B.39, subd. 2(1)(1);
WHEREAS, pursuant to the Landfill Cleanup Act, Minn. Stat.§§ 115B.39-115B.445 ("Act"), the
City of Hopkins and the Commissioner of the Minnesota Pollution Control Agency {"MPCA") entered into
a Landfill Cleanup Agreement, effective June 19, 1995, recorded in the Office of County Recorder,
Hennepin County, Minnesota on April 29, 1996, as Document No. 6566526 ("Agreement");
WHEREAS, the City of Hopkins granted an easement to MPCA, effective July 5, 1995, which was
filed in the Office of County Recorder, Hennepin County, Minnesota on April 29, 1996, as Document No.
6566524 (the "Easement");
WHEREAS, the City signed a Declaration of Restrictions and Covenants over the Property,
effective July 5, 1995, which was filed in the Office of County Recorder, Hennepin County, Minnesota on
April 29, 1996, as Document No. 6566525 ("Declaration");
1
WHEREAS, the Property is subject to certain covenants, conditions and restrictions set forth in
the Agreement, Easement and Declaration, which include the following:
• Section H.1. ofthe Agreement provides that: The City shall not take any action that interferes
with the environmental response actions that the Commissioner and the MPCA employees,
agents and contractors undertake pursuant to paragraph L of the Agreement or the Landfill
Cleanup Act, including any actions that disturb or impede the cover, monitoring system, or the
gas venting system at the landfill;
• Section H.l.a. of the Agreement provides that: The City agrees not to place, or to allow others to
place any materials, personal property, equipment or any other items either on or in the
[Property] without the written consent of the MPCA Project Manager;
• Section H.2. of the Agreement provides that: The City may authorize other persons to enter the
[Property] or an area for which the Commissioner has installed access controls only after written
approval from the MPCA Project Manager;
• Paragraph 1 of the Easement's Covenants and Conditions provides that: The City of Hopkins may
grant access to other persons to enter an area for which the Commissioner has installed access
controls only after written approval of the MPCA Commissioner;
• Paragraph 2 of the Easement's Covenants and Conditions provides that: The City of Hopkins
shall not take or allow others to take any action that interferes with environmental response
actions of the Commissioner;
• Paragraph 3 of the Easement's Covenants and Conditions provides that: The City of Hopkins
shall not place or allow others to place any materials, structures, personal property, equipment
or any other items on the property without the prior written consent of the Commissioner;
• Paragraph 6 of the Easement's Covenants and Conditions provides that: The City shall not
convey any other easement for any purpose in the property, including, but not limited to, road
or utility easements, without a written authorization from the Commissioner;
• Paragraph 1 of the Declaration provides that: There shall be no construction of any structure
without the written approval of the [MPCA] Commissioner; and
• Paragraph 3 of the Declaration provides that: There shall be no access to the ... property by
persons other than the (City of Hopkins) and the MPCA without prior written approval from the
MPCA.
WHEREAS, the Project requires the City to grant the Council an easement for access to the
Property to complete the Project;
WHEREAS, the Project will likely involve the placement of materials, personal property,
equipment or any other items on the Property and includes access to, and mobilization over a portion of
the Property; and
WHEREAS, as it relates to restrictions in the Agreement, Easement, and Declaration, the
Commissioner of the MPCA does not object to the Project.
2
NOW, THEREFORE, to the extent required by the covenants, conditions, and restrictions set
forth in the Agreement, Easement, and Declaration, the MPCA hereby consents, approves and
authorizes the placement of materials, personal property, equipment or other items on the Property,
and grant of an easement over the Property, as necessary to complete the Project;
CONDITIONS OF CONSENT
This Consent is limited to the Project as described in the attached Exhibit 2, and is granted on
the following conditions:
A. The Council shall assume any and all responsibility related to the Project as set forth in
Exhibit 2.
B. MPCA authorizes the City to grant only the easement as attached as Exhibit 3. Any and all
modifications and amendments shall require separate authorization from the Commissioner
of the MPCA.
C. The Council, its employees and contractors, shall not enter upon the cover of the Landfill or
any area within the MPCA's fence surrounding the Landfill waste.
D. Upon completion of the Project, the Council shall remove all materials, personal property,
equipment and any other items on the Property, and restore the Property as close as
possible to its condition prior to the Project, including the replacement of any fencing that is
removed or damaged during the Project, and restoring any vegetation that is impacted
within the easement area.
E. Subject to and limited by the tort liability limits set forth in Minnesota Statutes Chapter 466,
the Council agrees to indemnify and forever hold the MPCA harmless from any loss,
damage, injury or death arising from any act or omission of the Council, or its invitees,
licensees, employees or agents, caused to any person or property during the Project.
F. The Council or its agents or contractors shall notify the Commissioner of MPCA within
twelve (12) hours of any release or threatened release of any hazardous substance,
hazardous waste, pollutant, contaminant, solid waste, or decomposition gases, as these
terms are defined in law, encountered in the course of the Project, and, as it relates to the
Project, bear all responsibility to properly address and dispose of any such release or
threatened release or solid waste in consultation with the Commissioner.
G. This Consent shall not limit or diminish the right of the MPCA to take any action authorized
under the Act, Agreement, Easement, Declaration, or other law, including the right to access
to the Property for purpose of taking environmental response actions and related actions
that the Commissioner deems necessary to carry out the Agreement and the
Commissioner's duties and authorities under the Act.
H. This Consent applies only to consents or authorizations required under restrictions in the
Agreement, Declaration and Easement and does not pertain to other or additional MPCA
requirements, permits, review or enforcement action related to the Project, or
requirements or approvals of Minnesota Management and Budget that may pertain to the
status of the Property as a bond financed property within the meaning of Minn. Stat.§
16A.695.
3
I. Nothing herein shall be deemed a waiver by the City, the Council or the MPCA of any
governmental immunity defense.
MINNESOTA POLLUTION CONTROL AGENCY
By: ef_~~
Kathryn Sattier, Delegate of the Commissioner
Division Director, Remediation Division
Minnesota Pollution Control Agency
Dated:
ACKNOWLEDGEMENT
STATE OF MINNESOTA
) SS.
COUNTY OF RAMSEY )
J
This Consent was acknowledged before me on this L/ day of Jarw~r\J , 20_11 by
Kathryn Sather, Delegate of the Commissioner and Division Director of the Remediation Division of the
Minnesota Pollution Control Agency, on behalf of the Commissioner and the State of Minnesota.
ft,. bLJ {] 4rt5
Notary Public
4
METROPOLITA'N COUNCI
By : &L '-/
Name: ___ lJ_· _--e..::;.5_/._..i""' __ Cu->e-_. --'~-~.=...;v'""j"""/_,,,._5_.__ __
Dated : ___ __._/ ....... )"""",...._,,_/_.2__._.f"0....,./__...) ....... ~.,../-~.._) __ ;1
ACKNOWLEDGEMENT
STATE OF MINNESOTA
) SS .
COUNTY OF Ramsey )
This Consent was acknowledged before me on this 2',<t;l"'I day of Dec~1b _Q.{' . 2015'..., by
Wes Kooistra, the Regional Administrator of the Metropolitan Council, a public corporation and political
State of Minnesota.
ELIZABETH A SUND
Notary Publk
Minnesota
My Commission Expirl'5
Jan31,2023
THIS INSTRUMENT WAS DRAFTED BY:
Shawn Ruotsinoja
Minnesota Pollution Control Agency
520 Lafayette Road North
St . Paul, MN 55155
5
EXHIBIT 1
Legal Description of Property
Parcel 2 {Property ID 25 -117-22-32-0070):
That part of the South Half of Section 25, Township 117, Range 22, described as follows :
Commencing at the point of the intersection of the North line of said South Half of said Section
25 with the Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad right-of-way; thence Southwesterly along said Railroad right-of-way line a distance of
200 feet; thence at right angles Southeasterly a distance of 150 feet; thence Northeasterly at
right angles a distance of 200 feet; thence Northwesterly in a straight line to the point of
beginning.
Parcel 3 (Property ID 25-117-22-32-0091 ):
That part of the South Half of Section 25, Township 117, Range 22, as described as follows:
Commencing at the point of intersection of the north line of said South Half with the
Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence
Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to the point of
beginning of the land to be described: Thence Southeasterly at right angles to said right-of-way
line a distance of 150 feet; thence Southwesterly parallel to and 150 feet Southeasterly of said
Southeasterly right-of-way Railroad line to the West line of said Section 25; thence North along
said Section line to its intersection with the said Southeasterly right-of-way line of said Railroad;
thence Northeasterly along said Southeasterly right-of-way Railroad line to the point of
beginning.
Together with a nonexclusive easement for road purposes, over, across and upon the following
described premises:
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
The southeasterly 66 feet of the Northwesterly 216 feet of that part of the South Half of said
Section 25 lying Southeasterly and parallel with the Southeasterly right-of-way line of the
Chicago, Milwaukee, St. Paul & Pacific Railroad.
Parcel 4 (Property ID 25-117-22-32-0092):
That part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 117, Range 22
lying south of the Chicago, Milwaukee, St. Paul and Pacific Railway and EXCEPT the North 33 feet of the
East 531.74 feet thereof.
ALSO EXCEPT:
That part of the South Half of Section 25, Township 117, Range 22, as described as follows:
Commencing at the point of intersection of the north line of said South Half with the
Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence
Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to the point of
beginning of the land to be described: Thence Southeasterly at right angles to said right-of-way
line a distance of 150 feet; thence Southwesterly parallel to and 150 feet Southeasterly of said
Southeasterly right-of-way Railroad line to the West line of said Section 25; thence North along
said Section line to its intersection with the said Southeasterly right-of-way line of said Railroad;
thence Northeasterly along said Southeasterly right-of-way Railroad line to the point of
beginning.
ALSO EXCEPT :
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
Commencing at the point of the intersection of the North line of said South Half of said Section
25 with the Southeasterly right-of-way line of the Chicago, Milwaukee, St . Paul and Pacific
Railroad right-of-way; thence Southwesterly along said Railroad right-of-way line a distance of
200 feet; thence at right angles Southeasterly a distance of 150 feet; thence Northeasterly at
right angles a distance of 200 feet; thence Northwesterly in a straight line to the point of
beginning.
ALSO EXCEPT:
That part of the East 195 . 78 feet of the Northwest Quarter of the Southwest Quarter of Section 25,
Township 117 North, Range 22 West of the Fifth Principal Meridian, which lies south of a line 33.00 feet
south of, measured at right angles to and parallel with the north line of the Northwest Quarter of the
Southwest Quarter of said Section 25.
EXHIBIT 2
Project Plans
From: Dial, Nicholas <Nicholas.Dial@metrotransit.org>
Sent: Monday, April 16, 2018 3:06 PM
To: Ruotsinoja, Shawn (MPCA) <shawn.ruotsinoja@state.mn.us>
Cc: Kronzer, Ryan <Ryan.Kronzer@metrotransit.org>; Wallerstedt, Jamie (MPCA)
<jamie.wallerstedt@state.mn.us>; Stellmach, David (MPCA) <david.stellmach@state.mn.us>; Schauer,
Craig <Craig.Schauer@metrotransit.org>; Vogel, Michael <Michael.Vogel@metrotransit.org>; Anderson,
David T.<DAnderson@Kennedy-Graven.com>; Nate Stanley (nstanley@HOPKINSmn.com)
<nstanley@HOPKINSmn.com>; Riggs, Scott J. <sriggs@Kennedy-Graven.com>; Short, Jean M.
<jshort@Kennedy-Graven.com>; Jason Lindahl <jlindahl@HOPKINSmn.com>; Steve Stadler
<sstadler@HOPKINSmn.com>; Kersten Elverum <kelverum@hopkinsmn.com>
Subject: RE: Hopkins Landfill
Shawn,
Attached is SPO's plan set containing a written list of materials and equipment that are anticipated to be
on site during construction of the SWLRT project, MEMO_PlansMatls_Skummer_MktaHopkBr_2018-04-
12. The City of Hopkins is cced on this correspondence to make sure everyone is in the loop on
communication. SPO has sent title work for parcels P4002, P4003, and P4004 to the City of Hopkins for
their review. Assuming there are no issues with the title work and we come to agreement on the TE
language then SPO will attach the agreed upon TE language to the attached for MPCA signature.
Please, let me know if you need any additional information .
Thanks,
Nie Dial, P.E.
Assistant Director of Construction
Metro Transit
SWLRT Project Office
6465 Wayzata Boulevard, Suite 500
St. Louis Park, MN 55426
Direct 612-373-397 4
Cell: 720-475-6364
nic ho las .d1al@metrot rans1 l oro
www.swlrt.org
SOUTHWEST ~
SOUTHWEST~
Memorandum
DATE:
TO:
FROM:
2018-04-12
File
Steve KUillDlei"
SUBJECT: Potential Manifest: of Equipment and Materials Necessar}'
to Build }t.fumetonka-Hopkins Bridge Near Hopkins Limdfill
Potential ~.fote;rfals Shi;pPfdlStaaed :"iNu' Sit.e
Ca.st-iron piling in 10-foot sections
Ready-Mix Concrete
Pre-Cast Concrete Girders
Epoxy-Coated Reinforcement Steel
Elastomeric I\ilaterials (Bridge Bearing Pads)
Neoprene Materials {Bridge Expansion Joints)
Wire Fencing
Granular (Sand) Material
Open-Graded Stone Material
Erosion Control .Materials (silt fence, biolog, straw mulch, oonrnnction entrance plates etc_)
Final establishment (seed, blanket)
Potential .Equipment On Site
Pile Drfoing Cranes and Hammers (pile driving)
Pick Cranes (setting girdera)
Backhoes (dig fotmdations)
Skidsleers (access road)
Bulldozer (access road)
Regular Dump Trucks (haul fill and materials in and out of site)
Regular Concrete Mixer Trucks (haul ready-mix)
Regular Flatbed Trucks (haul piling, rebar, nrix materials to site)
Concrete Pump Truck
Mi.sc:ellaneoos Pick Up Trucks \1."ith Handtools and PeISoual Equipme.nt
Oc<A1sional Support Trucks (Fuel Trucks, Mechanics)
www .swlrt.org
6465 Wayzata Boulevard, Suite 500 • St. Louis Park, MN 55426 • Main: 612-373-3800 • Fax: 612-373-3899
-----Origi na I Message-----
From: Dial, Nicholas <Nicholas.Dial@metrotransit.org>
Sent: Tuesday, June 26, 2018 9:08 AM
To: Ruotsinoja, Shawn (MPCA) <shawn.ruotsinoja@state.mn.us>
Cc: Kronzer, Ryan <Ryan.Kronzer@metrotransit.org>; Stellmach, David (MPCA)
<david.stellmach@state.mn.us>; Vogel, Michael <Michael.Vogel@metrotransit.org>; Nate Stanley
(nstanley@HOPKINSmn.com) <nstanley@HOPKINSmn.com>; Riggs, Scott J. <sriggs@Kennedy-
Graven.com>; Short, Jean M.<jshort@Kennedy-Graven.com>; Jason Lindahl
<jlindahl@HOPKINSmn.com>; Steve Stadler <sstadler@HOPKINSmn.com>; Kersten Elverum
<kelverum@hopkinsmn.com>; Anderson, David T.<DAnderson@Kennedy-Graven.com>; Kummer,
Steven <Steven.Kummer@metrotransit.org>; Caulum, Andrew <Andrew.Caulum@metrotransit.org>
Subject: RE: Hopkins Landfill
Shawn,
Attached is the current template for the TCE document between the City of Hopkins and Metropolitan
Council for the Hopkins Landfill site, as well as, a revised Exhibit B that was developed after our site visit
and coordination with your GIS information. The Exhibit B currently has the older background
information so I have provided a GIS Map that shows the current condition of the property with the
proposed shape overlaid. Please, provide consent for the City of Hopkins and Metropolitan Council to
enter into a Temporary Construction Easement to utilize this portion of property during construction of
the SWLRT project.
Thanks,
Nie Dial, P.E.
Assistant Director of Construction
Metro Transit
SWLRT Project Office
6465 Wayzata Boulevard, Suite 500
St. Louis Park, MN 55426
Direct: 612-373-3974
Cell: 720-475-6364
nicholas.d ial@metrotransit.org
www.swlrt.org
~
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EXHIBIT 3
Temporary Easement Agreement
PARCELS P4002, P4003, P4004
TEMPORARY EASEMENT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT (this "Agreement") is made and
entered into this_ day of , 2019, by and between the CITY OF HOPKINS,
a Minnesota municipal corporation ("Grantor"), and the METROPOLITAN COUNCIL, a
public corporation and political subdivision under the law of the State of Minnesota
("Grantee"). This Agreement sometimes refers to Grantor and Grantee individually as a
"Party" and collectively as the "Parties."
WITNESSETH:
WHEREAS, Grantor is the fee owner of the real property that is legally described on
Exhibit A attached hereto (the "Property"); and
WHEREAS, the Grantee intends to locate, install, construct, operate, and maintain
a light rail transit system (the "LRT') and its associated improvements adjacent to the
Property; and
WHEREAS, pursuant to that certain Easement, Declaration of Restrictions and
Covenants, and Landfill Cleanup Agreement, recorded with Hennepin County as Document
Nos. 6566524, 6566525, and 6566526, respectively, the Minnesota Pollution Control Agency
("MPCA") has consented to this Agreement upon certain conditions, as indicated in that
certain Consent and Authorization of the Commissioner of the Minnesota Pollution Control
Agency Pursuant to Landfill Cleanup Agreement, which has been executed by both the
MPCA and Grantee and is attached hereto as Exhibit B.
NOW THEREFORE, in consideration for the mutual promises made herein, the
Parties agree as follows:
1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its
agents, permitees, successors and assigns, the following described easement:
a. Temporary Construction Easement. A temporary, non-exclusive
construction easement over, under and across that part of the Property depicted on
the attached Exhibit C (the "Temporary Construction Easement Area") to
provide access for the Grantee to locate, install and construct the LRT and its
associated improvements adjacent to the Property. Grantee shall use the Property as
an access for various construction equipment, vehicles and conveyance of materials
and not for long-term storage and laydown.
Subsequent to the commencement date of the Agreement, as written below, and until such
Temporary Construction Easement has expired, Grantor, its heirs, successors and assigns,
shall not erect, construct, or create any building, improvement, obstruction, perpendicular
utility crossing, or structure of any kind, either above or below the surface of the Temporary
Construction Easement or plant any trees, or stockpile construction debris or construction
523742v5 HP145-18
equipment, or change the grade thereof of the Temporary Construction Easement without
the express written permission of the Grantee.
2. Te1·m of Temporary Construction Easement. The Temporary Easement
defined above shall commence immediately upon execution of this Agreement and, subject to
paragraph 3 below, expire on June 2, 2023.
3. Extension Option of Temporary Construction Easement. With respect to
the expiration date above, the Grantee shall have the option to extend the term of the
Temporary Construction Easement for up to one (1) six (6)-month period . Such option for
extension shall be exercised by written notice from Grantee delivered to Grantor not less
than fourteen (14) days prior to the expiration of the term of the Temporary Construction
Easement.
4. Restoration of Temporary Construction Easement Area. Prior to the
expiration date of the Temporary Construction Easement, Grantee shall restore the
Temporary Construction Easement Area by matching the original surface grade as far as
reasonably practicable and restoring all surfaces to like condition, with MPCA's concurrence,
either grass seeding or sodding or either paved or gravel surface, as the case may be. Grantee
shall promptly repair and replace any portion of the Property and any landscaping or other
improvements thereto which may be damaged or destroyed in connection with the exercise
of the Temporary Construction Easement by Grantee, its contractors, agents, and employees.
5. Indemnification. Grantee agrees to indemnify, save harmless, and defend
Grantor and its officers and employees, from and against any and all claims, actions,
damages, liability and expense in connection with personal injury or damage to the Property
arising from or out of any occurrence in, upon or at the Property caused by the negligent act
or omission of Grantee, its contractors, agents, and employees in exercising the rights granted
herein, except (a) to the extent caused by the negligence, gross negligence, willful
misrepresentation or any willful or wanton misconduct by Grantor, its officers, employees,
agents or contractors; and (b) to the extent caused by a "Pre-Existing Condition" as defined
in this paragraph 5. "Pre-Existing Condition" shall mean any condition caused by the
existence of hazardous substances or materials in, on, or under the Property, including
without limitation hazardous substances released or discharged into the drainage systems,
soils, groundwater, waters or atmosphere, which condition existed as of the date of this
Agreement and became known or was otherwise disclosed or discovered by reason of
Grantee's entry onto the Property. Nothing contained in this Agreement shall be construed
as a waiver by the Parties of any limitations on liability contained in Minnesota Statutes,
Chapter 466.
6. Covenant of Ownership. Grantor covenants that it is the lawful owner and
is in lawful possession of the Property and has lawful right and authority to convey and grant
the Temporary Construction Easement.
7. Notices and Demands. All notices, requests, demands, consents, and other
communications required or permitted under this Agreement shall be in writing and shall be
deemed to have been duly and properly given three (3) business days after the date of mailing
if deposited in a receptacle of the United States mail, first class postage prepaid, addressed
to the intended recipient as follows:
2
523742v5 HP\45-18
Gran tor: City of Hopkins
1010 First Street South
Hopkins, MN 55343
Attn: City Manager
Grantee: Metropolitan Council
390 Robert Street North
St. Paul, MN 55101-1805
Attn: Real Estate Office
8. Termination or Amendment of Temporary Easement. The Temporary
Construction Easement declared, granted, established and conveyed herein is temporary in
nature and may be terminated or amended only by an agreement in writing signed by both
Parties, or their successors and assigns, or in accordance with the expiration dates and terms
contained herein.
9. Closed Landfill. The Temporary Easement declared, granted, established
and conveyed herein is subject to the Conditions of Consent contained in the Consent and
Authorization of the Minnesota Pollution Control Agency Pursuant to Landfill Cleanup
Agreement attached hereto as Exhibit B.
10. Miscellaneous.
a. Further Actions. The Parties agree to execute and deliver all further
documents and take all further actions reasonably necessary or appropriate to
effectuate the purposes of this Agreement.
b. Time of the Essence. Time is of the essence of each provision in this
Agreement where time is a factor.
c. Waiver. No waiver of any provision of this Agreement shall be binding
unless executed in writing by the Party making the waiver. No waiver of any
provision of this Agreement shall be deemed to constitute a waiver of any other
provision, whether or not similar, nor shall any waiver constitute a continuing waiver
unless the written waiver so specifies.
d. Binding Covenants. The provisions herein shall be deemed covenants
that run with the land, and shall be binding upon and inure to the benefit of the
Parties hereto and their respective successors and assigns.
e. Governing Law. This Agreement has been made under the laws of the
State of Minnesota and such laws shall control its interpretation.
f. Counterparts. This Agreement and any amendments to this Agreement
may be executed in counterparts, each of which shall be fully effective and all of which
together shall constitute one and the same instrument.
3
523742v5 HP145-18
g. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof, and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
h. No Presumption against Drafter. This Agreement has been negotiated
at arm's length and between persons sophisticated and knowledgeable in the matters
dealt with herein. Accordingly, this Agreement shall be interpreted to achieve the
intents and purposes of the Parties, without any presumption against the Party
responsible for drafting any part of this Agreement.
[signature pages to follow]
4
523 742v5 HP145-18
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first set forth above.
STATE OF MINNESOTA )
) SS
COUNTY OF RAMSEY )
METROPOLITAN COUNCIL,
a public corporation and political subdivision under the
laws of the State of Minnesota,
By:
Title: Regional Administrator
I, the undersigned, a Notary Public in and for Ramsey County, Minnesota, do hereby certify
that , the Regional Administrator of the Metropolitan Council, a
public body appeared before me this day in person and acknowledged that he signed and
delivered said instrument on behalf of said public body.
Given under my hand and official seal this _____ day of ____ , 201_.
Notary Public
5
523742v5 HP145-18
STATE OF MINNESOTA )
) SS
COUNTY OF HENNIPIN )
CITY OF HOPKINS,
a Minnesota municipal corporation,
By:
Molly Cummings
Title: Mayor
By:
Michael Mornson
Title: City Manager
I, the undersigned, a Notary Public in and for County, Minnesota, do
hereby certify that Molly Cummings and Michael Mornson, the Mayor and the City Manager
of the City of Hopkins, a Minnesota municipal corporation, appeared before me this day in
person and each acknowledged that she signed and delivered said instrument on behalf of
said corporation.
Given under my hand and official seal this _____ day of ____ , 201_.
Notary Public
This instrument drafted by:
Office of the General Counsel
Metropolitan Council
390 North Robert Street
Saint Paul, MN 55101
523742v5 HP145-l 8
6
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
P4002 -P.I.D. -25-117-22-32-0092
That part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 117,
Range 22 lying South of the Chicago Milwaukee, St. Paul and Pacific Railway and EXCEPT
the North 33 feet of the Ease 531.74 feet thereof.
ALSO EXCEPT:
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
Commencing at the point of intersection of the North line of said South Half with the
Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad;
thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to
the point of beginning of the land to be described: Thence Southeasterly at right angles to
said right-of-way line a distance of 150 feet; thence Southwesterly parallel to and 150 feet
Southeasterly of said Southeasterly right-of-way Railroad line to the West line of said
section 25; thence North along said Section line to its intersection with the said
Southeasterly right-of-way line of said Railroad; thence Northeasterly along said
Southeasterly right-of-way Railroad line to the point of beginning.
ALSO EXCEPT:
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
Commencing at the point of intersection of the North line of said South Half of said Section
25 with the Southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Right of Way; thence Southwesterly along said Railroad right of way line a
distance of 200 feet; thence at right angles Southeasterly a distance of 150 feet; thence
Northeasterly at right angles a distance of 200 feet; thence Northwesterly in a straight line
to the point of beginning.
ALSO EXCEPT:
That part of the East 195.78 feet of the Northwest Quarter of the Southwest Quarter of
Section 25, Township 117 North, Range 22 West of the Fifth Principal Meridian, which lies
south of a line 33.00 feet south of, measured at right angles and parallel with the north line
of the Northwest Quarter of the Southwest Quarter of said Section 25.
ALSO EXCEPT
That part of the West 12.75 chains of the south half of the South west Quarter of the
Northwest Quarter lying southeasterly of the railroad right of way in Section 25, Township
117, Range 22;
Also EXCEPT
That part of Section 25, Township 117, Range 22, described as follows; Beginning at the
point of intersection of the centerline o£7th Street South, extended westerly, with the
southeasterly line of the Chicago, Milwaukee, St. Paul & Pacific Railroad; thence
southeasterly at right angles to the southeasterly line of the Chicago, Milwaukee, St. Paul
& Pacific Railroad, a distance of 150 feet; thence northeasterly to a point in the centerline of
7th Street South, 250.82 feet east of the Chicago, Milwaukee, St. Paul & Pacific Railroad;
thence westerly to the point of beginning.
A-1
523742v5 HP145-18
P4003 -P.I.D. -25-117-22-324>091
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
Commencing at the point of intersection of the North line of said South Half with the
Southeasterly right-of-way line of the Chicago, Milwaukee, St. Paul & Pacific Railroad;
thence Southwesterly along said Southeasterly right-of-way line a distance of 200 feet to
the point of beginning of the land to be described: Thence Southeasterly at right angles to
said right-of-way line a distance of 150 feet; thence Southwesterly parallel to and 150 feet
Southeasterly of said Southeasterly right-of-way Railroad line to the West line of said
section 25; thence North along said Section line to its intersection with the said
Southeasterly right-of-way line of said Railroad ; thence Northeasterly along said
Southeasterly right-of-way Railroad
line to the point of beginning.
A-2
523742v5 HP145-18
P4004 -P.I.D. -25-117-22-32-0070
That part of the South Half of Section 25, Township 117, Range 22, described as follows:
Commencing at the point of intersection of the North line of said South Half of said Section
25 with the Southeasterly right of way line of the Chicago, Milwaukee, St. Paul and Pacific
Railroad Right of Way; thence Southwesterly along said Railroad right of way line a
distance of 200 feet; thence at right angles Southeasterly a distance of 150 feet; thence
Northeasterly at right angles a distance of 200 feet; thence Northwesterly in a straight line
to the point of beginning.
A-3
523742v5 HP145-18
EXHIBIT B
CONSENT AND AUTHORIZATION DOCUMENT
[to be inserted]
B-1
523742v5 HP145-l 8
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EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT AREA DEPICTION
SOUTHWEST LIGHT RAIL
PUBLIC PARCELS
PARCELS P4002 & P4003 & P4004
l!XISTING
FENCE LINE
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EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT AREA DEPICTION
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PUBLIC PARCELS
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