VII.1. Enter into an Operations and Maintenance Agreement and Cottageville Park Cooperative Agreement with the Minnehaha Watershed District; Imihy Bean CITY OF HOPKINS
City Council Report 2023-049
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: PeggySue Imihy Bean, Special Projects and Initiatives Manager
Date: May 16, 2023
Subject: Operations and Maintenance Agreement and Cottageville Park Agreement
with Minnehaha Watershed District
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO enter into an Operations and Maintenance Agreement and Cottageville
Park Cooperative Agreement with the Minnehaha Watershed District.
OVERVIEW
Since 2010, the City and Minnehaha Creek Watershed District (MCWD) have had a
cooperative agreement for the land where Cottageville Park is located. This agreement
outlines the responsibilities associated with the development of the park, and those
associated with future development of what was referred to as Cottageville Phase II, a
triangular portion of land at the intersection of Lake Street and Blake Road.
As part of the development occurring at 325 Blake Road, MCWD has begun planning for
Cottageville Phase II and associated improvements south of Lake Street. In discussions
between staff, and as a result of MCWD offer to pay for the improvements changes were
required of the existing cooperative agreement. Rather than continue to further amend an
agreement that was amended several times previously, this new document incorporates
all previous agreements as one new agreement.
At their regularly scheduled meeting on February 27, 2023, the Park Board reviewed the
proposed plans and amendments to the agreements and recommended them to the City
Council for approval.
Tonight, staff from MCWD will present plans for these improvements, in addition to the
proposed new cooperative agreement and the updated operation and maintenance
agreement which incorporates the new parcels.
SUPPORTING INFORMATION
•Cottageville Park Cooperative Agreement with the Minnehaha Creek Watershed
District
Administration
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Project Agreement for
Cottageville Park Improvement and Maintenance
City of Hopkins & Minnehaha Creek Watershed District
This Project Agreement for Cottageville Park Improvement and Maintenance (“Project Agreement”) is
made between the Minnehaha Creek Watershed District (“MCWD”), a watershed district and political
subdivision with powers at Minnesota Statutes Chapters 103B and 103D, and the City of Hopkins
(“Hopkins”), a home rule charter city of the State of Minnesota (together, the “parties”).
Recitals
WHEREAS, on September 10, 2010, MCWD and Hopkins entered into a cooperative agreement to design
and construct the Cottageville Park Stormwater Management and Park Improvement Project
(“CPSMPIP”). Pursuant to the cooperative agreement, the First Amendment to Cooperative Agreement,
executed April 10, 2014, and the Second Amendment to Cooperative Agreement, executed October 9,
2014 (together, the “Cottageville Park Agreement”), the parties constructed the CPSMPIP in 2016,
consisting of park facilities, areas of native vegetation and protected buffer adjacent to Minnehaha
Creek, and a subsurface iron-enhanced sand filter to manage and provide water quality treatment for
both on- and off-site stormwater flows.
WHEREAS, as depicted on the site sketch incorporated and attached as Exhibit A hereto, the CPSMPIP
occupies six parcels of land east of Blake Road North, northeast of Minnehaha Creek, and northwest of
Lake Street NE. Three parcels are owned by Hopkins and three parcels are owned by MCWD. The parties
wish to expand Cottageville Park by means of further improvements constructed on four additional
parcels of land south of the present park property.
WHEREAS, the improvements are designated as the “Gateway Element” and “Nature Play Element”
(together, the “Gateway and Nature Play Elements”). As depicted on Exhibit A, the Gateway Element
will occupy the MCWD-owned parcel north of the intersection of Blake Road North and Lake Street NE.
The Nature Play Element will occupy three contiguous parcels south of Lake Street NE and directly east
of the Lake Street NE crossing of Minnehaha Creek.
WHEREAS, the purpose of this Project Agreement is to set forth the parties’ roles and responsibilities for
the design, construction and maintenance of the Gateway and Nature Play Elements. In addition, the
Cottageville Park Agreement sets forth terms for land acquisition, design, construction and maintenance
of the CPSMPIP. Much of that agreement concerns actions that have been completed, but the parties
intend to maintain in effect terms regarding ongoing management and maintenance (the “Prior
Maintenance Obligations”). The parties have explicitly incorporated those Prior Maintenance
Obligations into this Project Agreement without change, so as to consolidate all arrangements for the
parties’ cooperative management of Cottageville Park into one document.
THEREFORE, the parties hereby enter into this Project Agreement, and concur that it is legally binding.
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Terms
A. Cottageville Park Agreement and CPSMPIP Maintenance
1. This Project Agreement supersedes the Cottageville Park Agreement, which is no longer in effect. All
Prior Maintenance Obligations are incorporated into this Project Agreement.
2. Each party retains its CPSMPIP inspection, maintenance and replacement obligations as set forth in
Section D, below.
3. Hopkins may undertake further recreational, park or other improvements on its real property within
the CPSMPIP, except within those areas of native vegetation or buffer zone subject to MCWD
maintenance. Hopkins will inform MCWD of intended improvements, and consult with MCWD as to any
such improvements that may have an impact on water resources. Any improvements will be subject to
MCWD permit requirements, as applicable, without permit review costs, fee or financial assurance.
4. The parties will collaborate with respect to signage and other public information within the CPSMPIP.
Each party retains the right to install and maintain signage or otherwise engage in any public
informational effort with respect to its property, but will consult with the other party. Any public
materials will acknowledge the cooperation of the parties in improving and maintaining Cottageville
Park.
5. Under the Cottageville Park Agreement, the MCWD Board of Managers determined the pollutant load
reduction resulting from the CPSMPIP. On the basis of relative contributions to the costs of stormwater
management improvements as reviewed by the parties, the MCWD received credit for 68 percent, and
Hopkins received credit for 32 percent, of the pollutant load reduction for the purpose of meeting load
allocations in MCWD’s watershed plan as well as any other water quality-related purpose. This
allocation, and any remaining credits, are affirmed.
B. Design: Gateway and Nature Play Elements
1. The consulting designer retained by MCWD has prepared a 100 percent design for the Gateway and
Nature Play Elements, titled “325 Blake Road Regional Stormwater and Greenway Project” (March
2023). The Nature Play Element includes a pedestrian bridge from the easternmost Nature Play parcel
over Minnehaha Creek to the south. The MCWD Board of Managers approved the design on May 11,
2023 and the Hopkins City Council provided concurrence on May 16, 2023. The Hopkins Park Board
provided concurrence on 90 percent design on February 27, 2023, with which the 100 percent design is
consistent.
2. The final design will include signage, and other public information content, design, size, materials and
location, which may be further adjusted during the construction period. Signage and other public
information will be subject to the Hopkins City Engineer’s approval referenced above, not to be
unreasonably withheld.
3. Each party may install and maintain public art on the property that it owns. The Gateway Element will
be designed to allow for the installation of public art in the future, possibly through the PLACES
initiative. If both Hopkins and the MCWD agree that public art is desirable at this location, the parties
will work together to identify the process, budget, and maintenance responsibilities of the public art.
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Any other public art installation, temporary or permanent, will be approved by both Hopkins and MCWD
by amendment to this Project Agreement.
4. Hopkins will coordinate with MCWD with respect to any permits or approvals that Hopkins requires
and timely process MCWD applications without permit review costs, fee or financial assurance, and will
timely communicate any local requirements regarding traffic, disturbance or occupation of public ways;
subsurface utilities or structures on Hopkins real property; and any other matters. Hopkins, in its
capacity as property owner, will cooperate with respect to any permits or approvals required by other
units of government, however MCWD will bear all associated fees. Hopkins will allow for ingress/egress
and occupation of its real property as necessary or convenient for the MCWD contractor to construct
the Gateway and Nature Play Elements on the combined parcels.
5. The MCWD design contract will provide that the design warranty, and the hold harmless and
indemnification terms associated with it, will run to the benefit of both MCWD and Hopkins.
C. Construction: Gateway and Nature Play Elements
1. MCWD will solicit bids for construction and select a contractor in accordance with applicable law.
MCWD will share the bid tabulation with Hopkins and the parties will consult before the MCWD Board
of Managers decides on bid alternates, if any, and awards a contract. On the basis of excessive bids or
other circumstances contrary to price or schedule expectations, the MCWD Board of Managers, in its
discretion and after the parties’ consultation, may reject all bids or take any other lawful action with
respect to the solicitation.
2. The construction contract will include the following provisions:
a. That contractor’s warranties, hold harmless, and indemnification terms will run to the benefit
of both MCWD and Hopkins.
b. The contractor must name Hopkins as an additional insured for commercial general liability
(ongoing and completed operations), automobile liability, and any associated umbrella or excess
policy up to $2 million per event/annual aggregate, with such coverage being primary and non-
contributory.
c. The contractor must obtain and conform to all applicable Hopkins approvals and
requirements.
3. MCWD, through its consulting designer, will oversee construction. MCWD will timely notify Hopkins of
construction meetings, which Hopkins may attend.
4. MCWD may issue change orders and work change directives, subject to Hopkins’ City Engineer’s
concurrence in any change that may materially affect the layout of the Gateway Element or Nature Play
Element, the design or maintenance of a specific feature, or its durability. For such a change, MCWD will
notify the Hopkins City Engineer and provide the Hopkins City Engineer at least three full business days
to review and respond. If a proposed change order or work change directive requires MCWD Board of
Managers approval, MCWD will notify the Hopkins City Engineer at least two business days before board
consideration. Hopkins may have additional time, if its concurrence requires specific engineering review.
In such a case, the Hopkins City Engineer will exercise good faith and diligence to respond as quickly as
possible in recognition of the need to avoid contract delay. Change order and work change directive
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concurrence may also be exercised by the City Manager on behalf of Hopkins. Any contract delay cost
resulting from Hopkins’ contract change review will be shared equally by the parties.
5. MCWD will give the Hopkins City Engineer a notice of substantial completion and notice of
completion. Within 15 days of each receipt of notice, the Hopkins City Engineer will concur, or will
advise MCWD specifically of its concern regarding the work or its deviation from the approved design. If
the work deviates from the contract or approved design, the parties will consult promptly and in good
faith to resolve the matter.
6. Before the Gateway Element or Nature Play Element is opened to public use, MCWD will deliver the
designer’s certification of completion and record drawings to the Hopkins City Engineer. On delivery of
the certification and record drawings: (a) Ownership of the improvements encompassed by the Gateway
and Nature Play Elements will vest in Hopkins; and (b) Hopkins will hold harmless and release MCWD
from all claims with respect to the design and construction of the Gateway and Nature Play Elements,
and assume the obligation to defend and indemnify MCWD with respect to all liabilities, damages and
costs resulting from any third-party claim arising from the design, construction or use of the Gateway or
Nature Play Element, except as set forth in paragraph F below.
D. Cottageville Park Maintenance
1. MCWD has the following inspection, maintenance and replacement obligations:
a. MCWD will maintain native vegetation and buffer zone improvements, as generally
demarcated on the Maintenance Site Plan attached as Exhibit B hereto and incorporated herein,
within the property encompassed by the Cottageville Park Agreement and the Gateway and
Nature Play Elements (all together, “Cottageville Park”).
b. MCWD will retain ownership of, and be responsible to inspect and maintain the structural
integrity of, the pedestrian bridge associated with the Nature Play Element. MCWD is
responsible for any repair or replacement of the bridge should it become necessary.
c. If necessary due to structural condition or breakage, MCWD will repair or replace: (i) the
watershed map engraving to be installed as a part of the Gateway Element; and (ii) Cottageville
Park signage mutually installed. Each party will be responsible to repair or replace signage that it
chooses to install unilaterally pursuant to paragraph A.4, above.
d. MCWD is responsible for capital replacement of improvements on that real property
encompassed by the Cottageville Park Agreement that the MCWD owns.
2. Hopkins has the following inspection, maintenance and replacement obligations:
a. Hopkins is responsible for day-to-day inspection and maintenance of Cottageville Park,
including but not limited to sanitation, inspection for and addressing hazards resulting from
events such as severe weather, and public safety. Hopkins will prioritize inspection and
maintenance consistent with the parties’ shared recognition that the site is locally and regionally
visible.
b. Hopkins is responsible for inspecting and maintaining signage and other public information,
except for the watershed map referenced in paragraph D.1.c above. Hopkins promptly will
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notify MCWD if signage or public information may require replacement due to structural
concerns. Each party is responsible for maintaining any public art installation pursuant to
paragraph B.3 above.
c. Hopkins is responsible for inspecting and maintaining the subsurface stormwater
management system installed as a part of the CPSMPIP in accordance with the operation and
maintenance (O&M) plan attached as Exhibit C and incorporated herein, and applicable
requirements of its NPDES municipal stormwater system (MS4) permit. The parties will act
promptly to execute and file for recording the perpetual easement attached hereto as Exhibit D,
and incorporated herein, with any non-material changes, to afford Hopkins the rights necessary
to perform its inspection and maintenance obligations on and beneath MCWD real property.
d. With the exception of those responsibilities allocated to MCWD under subsection D.1, above,
Hopkins is responsible for inspection and capital replacement of all Cottageville Park
improvements.
3. When construction of the Gateway and Nature Play Elements is complete, each party will deliver to
the other an easement for filing in county land records affording the other party all rights necessary for
it to meet its inspection, maintenance and replacement obligations under this Section D (“Easements”).
The Easements may contain reasonable conditions to protect water resources, native vegetation, buffer
areas and existing improvements.
4. The parties will collaborate with respect to adjustments to signage and other public information
within the Gateway and Nature Play Elements. Any public materials, including but not limited to signage,
will acknowledge the collaboration of the parties in improving and maintaining Cottageville Park and
meet any grant agreement requirements for grantor acknowledgement.
5. If the MCWD Board of Managers finds that Hopkins is not meeting an obligation under paragraph
D.2.c, above, MCWD will advise Hopkins in writing and the parties will meet promptly and in good faith
to review the concern. Thereafter, if MCWD affirms the deficiency in writing and Hopkins fails to cure
the deficiency within 30 days after notice or such other time as the parties may agree, MCWD may
assume responsibility for the maintenance, with reimbursement by Hopkins for contract costs incurred.
If MCWD does not exercise this right, Hopkins’ maintenance responsibility and its responsibility for
maintenance costs will remain undiminished.
6. If, during the period that this Project Agreement is in effect, either party becomes concerned that,
due to poor design or durability, a feature of the Cottageville Park improvements may merit alteration
that deviates materially from the design, it will notify the other party, and the parties will consult in
good faith to seek concurrence on an adjustment. The parties must agree to any such alteration in
writing.
7. Responsibilities under this section D extend for a minimum of 20 years, unless terminated early by
agreement of the parties, from the date that the MCWD designer has certified completion of the
Gateway and Nature Play Elements. At any time thereafter, either party may notify the other, in writing,
of an intent to terminate this Project Agreement as to the Gateway and Nature Play Elements, and the
date at which termination will take effect, which must be at least one year after notice. On notice, the
parties will consult and consider a mutual course of action, which may include extending the present use
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of the real property and the Project Agreement, repurposing the real property by means of a revised
agreement, or pursuing separate courses. If the parties do not agree on a course of action, then on the
date of termination each party will assume ownership of all improvements encompassing the Gateway
and Nature Play Elements on the real property that it owns, and as to each other, all responsibility for
the design and condition of those improvements, and each party may repurpose its real property as it
chooses.
8. The parties will perform all responsibilities set forth in this section D in accordance with the O&M plan
attached hereto as Exhibit C.
E. Allocation of Costs
1. MCWD will bear the costs to design and construct the Gateway and Nature Play Elements.
2. Except as explicitly stated in this Project Agreement, each party will bear all other costs it incurs to
fulfill its inspection, maintenance, repair, replacement, and other obligations under this Project
Agreement.
3. Each party will bear its own administrative costs to implement this Project Agreement.
F. Additional Terms
1. This Project Agreement coordinates the independent activities of the parties to achieve the combined
set of municipal and watershed goals. The Project Agreement is not a joint powers agreement. The
governing body of each party will retain its authority to direct the activities for which that party is
responsible. Neither party is responsible for the acts or omissions of the other within the meaning of
Minnesota Statutes 471.59, subdivision 1a(a).
2. Except as explicitly stated in this Project Agreement, only contractual remedies are available for the
failure of a party to fulfill the terms of this Project Agreement.
3. Hopkins will hold the MCWD, its board members and employees harmless, and indemnify them, from
any and all actions, costs (including reasonable attorney fees), damages and liabilities to the degree they
are the result of any action or inaction by Hopkins or its contractor that is the basis for the liability of
Hopkins or its contractor in law or equity, including but not limited to ordinary negligence. MCWD will
hold Hopkins, its council members and employees, harmless, and indemnify them, from any and all
actions, costs (including reasonable attorney fees), damages and liabilities to the degree they are the
result of any action or inaction by MCWD or its contractor that is the basis for the liability of MCWD or
its contractor in law or equity, including but not limited to ordinary negligence. Notwithstanding the
foregoing or any other term of this Project Agreement, neither MCWD nor Hopkins waives immunity in
tort. This Project Agreement creates no right in and waives no immunity, defense or liability limit with
respect to any third party.
4. Except as explicitly stated in this Project Agreement, the Parties do not intend to confer on any third
party any rights under this Agreement.
5. Any notices permitted or required by this Project Agreement shall be deemed given when in writing,
explicitly referenced to this Project Agreement, and received by the following representative of the
receiving party:
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Josh Wolf, Project and Land Program Manager
Minnehaha Creek Watershed District
15320 Minnetonka Boulevard
Minnetonka, MN 55345
952-641-4588
jwolf@minnehahacreek.org
PeggySue Imihy Bean, Special Projects and Initiatives Manager
City of Hopkins
1010 1st Street South
Hopkins, MN 55343
952-548-6344
pimihy@hopkinsmn.com
A party may change its representative by written notice to the other party.
6. Data provided, produced or obtained under this Project Agreement shall be administered in
accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. The
parties will immediately report to each other any requests from third parties for information relating to
this Project Agreement. The parties agree to promptly respond to inquiries from each other concerning
data requests.
7. This Project Agreement shall be governed by and construed in accordance with the laws of
Minnesota. Any disputes, controversies, or claims arising under this Project Agreement shall be heard in
the state or federal courts of Minnesota.
8. This Project Agreement may not be assigned by either party without the written consent of the other
party.
9. The parties agree not to discriminate in providing products and services under this Project Agreement
on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with
regard to public assistance, or religion.
10. The provisions of this Project Agreement are severable and, if any portion of this Project Agreement
is for any reason held by a court of competent jurisdiction to be contrary to law, such decision will not
affect the remaining provisions of the Project Agreement.
11. Any waiver by either party of a breach of any provision of this Project Agreement will not affect, in
any respect, the validity of the remainder of this Project Agreement.
12. The parties will comply with applicable federal, state, and local laws, statutes, rules, ordinances, and
regulations in effect as of the date of this Project Agreement.
13. Notwithstanding any other provision to the contrary, this Project Agreement may be terminated by
mutual written agreement at any time.
14. Each of the parties recognizes and acknowledges that a breach by it of any covenants contained in
this Project Agreement will cause the other party to sustain damages for which it would not have an
adequate remedy at law for money damages, and therefore each of the parties agrees that in the event
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of any such breach the aggrieved party shall be entitled to the remedy of specific performance of such
covenants and agreements and injunctive and other equitable relief to which it may be entitled, at law
or in equity.
15. This Project Agreement shall constitute the entire agreement between the parties. This Project
Agreement supersedes any other written or oral agreements between the parties. This Project
Agreement may only be modified in writing signed by the parties.
[Signature page to follow]
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THE CITY OF HOPKINS: THE MINNEHAHA CREEK WATERSHED
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Exhibit B
Cottageville Park Operations and Maintenance Plan April 2023
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Cottageville Park Restoration Project
Operations and Maintenance Plan
April 2023
Photo Courtesy of Erdahl Photos
Cottageville Park Operations and Maintenance Plan April 2023
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EXECUTIVE SUMMARY
Constructed in 2015 through a partnership between the Minnehaha Creek Watershed District (MCWD
or District) and the City of Hopkins, the Cottageville Park project transformed a formerly hidden park
into a community amenity that created nearly 5 acres of new park space which includes a new play area,
community garden, trails, seating, lighting, educational signage, and a pavilion. The park lies on adjacent
tracts of land owned by MCWD and the City of Hopkins. This project is part of the Minnehaha Creek
Greenway, which is a stretch of more than 109 acres of continuous green space constructed or planned
for construction along Minnehaha Creek in Hopkins and St. Louis Park.
The space below the park features an underground filtration system which treats polluted stormwater
runoff from 22 acres of land area that previously flowed untreated into Minnehaha Creek. This
stormwater system keeps approximately 26 pounds of phosphorus and 2.8 tons of sediment from
entering Minnehaha Creek annually. The park also features native plantings throughout the park and
along the 400 feet of Minnehaha Creek frontage, which reduces erosion during high flow events, filters
stormwater, and improves habitat for fish and wildlife.
In 2021 and 2022, MCWD designed improvements for the remaining parcels slated to become part of
Cottageville Park. These improvements include the Gateway to Greenway on the parcel across
Minnehaha Creek from the existing park (designated as Phase II), and the Nature Play area on the
parcels located across Lake St from the existing park (designated as Phase III). The Nature Play area
includes nature-based play equipment, an extension of the Minnehaha Creek Greenway trail, and a
pedestrian bridge that connects Cottageville Park to the 325 Blake Rd restoration and redevelopment
across Minnehaha Creek. The Gateway to Greenway features a pergola and native plantings.
To ensure that maintenance roles and responsibilities for Cottageville Park are clearly communicated
between the project partners, this Operations and Maintenance (O&M) plan has been prepared as a
cooperative effort by MCWD and the City of Hopkins. To fulfill the conditions of the Project Agreement
for Cottageville Park Improvement and Maintenance (“Project Agreement”), and to further the mutual
goals of the District and the City, this O&M plan outlines specific roles and responsibilities to maintain
the Cottageville Park project.
This O&M Plan is organized into the following sections:
I. Introduction
II. Site Boundaries and Key Areas of Inspection and Maintenance
III. Project Elements Requiring Maintenance
IV. Site Protection and Safety
V. Conclusion
I. Introduction
A Cooperative Agreement between MCWD and the City of Hopkins (Hopkins) was executed on
September 10, 2010, and was amended twice. It described roles and responsibilities to design,
Cottageville Park Operations and Maintenance Plan April 2023
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construct and maintain the Cottageville Park Stormwater Management and Park Improvement Project
(Project). The Cooperative Agreement stated that the City of Hopkins would maintain the vegetation and
stormwater management facilities in accordance with a facility and vegetation management plan
approved by MCWD. In 2023, the superseding Project Agreement was executed by the parties to update
and establish the terms for ongoing Project maintenance, incorporating construction and maintenance
of the Gateway to Greenway and Nature Play parcels and improvements with ongoing Project
maintenance terms from the Cooperative Agreement. This O&M plan was drafted to implement the
Project Agreement and is attached to and incorporated into it.
Under the Project Agreement, MCWD may inspect the facilities and vegetation to confirm that Hopkins’
maintenance is meeting the requirements of this O&M Plan. If MCWD finds that the maintenance is not
meeting the requirements, MCWD may provide Hopkins a written notification describing the deficiency,
and Hopkins has 30 days (or another agreed upon timeframe) to correct the issues. If corrections are not
promptly made, MCWD may perform maintenance and be reimbursed by Hopkins for its costs.
The Project Agreement also states generally that MCWD and Hopkins together will design, install and
maintain project signage and that the sign materials will acknowledge the shared participation of the
parties in the project.
This O&M plan lists specific maintenance needs, frequency of maintenance activities, the responsible
party, and any coordination that the maintenance involves. All maintenance and other activities will
reasonably minimize impact to the surrounding natural environment and to any prior-constructed
improvements. Each party is responsible for any damage its activity causes to the facilities owned by the
other party.
Under this O&M plan, each party will perform certain inspection, maintenance and replacement
activities on the real property of the other party. The parties have conveyed cross-easements to allow
for this work to occur. The easement is an exhibit to the Project Agreement. Each party will perform all
work under this plan in accordance with the easement terms.
Regular inspections and indicated maintenance of project facilities will reduce the risk of safety hazards,
support facility longevity, and allow for timely work to maintain the integrity of the facilities and the
project as a whole. Documentation of inspection and maintenance work is important for proper facility
management, and also to protect the parties in the event of an injury or other occurrence that may
prompt a liability claim. Annually, the City of Hopkins and MCWD will share their respective inspection,
monitoring and maintenance records for the activities identified in Table 2 (City of Hopkins and MCWD
Stormwater System Inspections, Operations, and Maintenance Tasks), including any follow-up
maintenance that was required.
II. Site Boundaries and Key Areas of Inspection and Maintenance
Cottageville Park Operations and Maintenance Plan April 2023
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Attachment A, Maintenance Site Plan, details property boundaries, the project area subject to this
Maintenance Plan, and key areas of inspection and maintenance identified in Tables 1-4.
III. Project Elements Requiring Maintenance
Tables 1-4 specify the facilities that require routine inspection and maintenance, potential issues with
those facilities, frequency at which inspection and/or maintenance is to occur, and the party responsible
for inspection and/or maintenance. The inspection frequency for items listed below is based on a
consideration of potential hazards, public use patterns, the benefits of early identification of
maintenance and repair needs, and staff/contractor costs. The attached Maintenance Site Plan
(Attachment A) identifies location(s) of indicated facilities. Each responsible party will seek to inform the
other promptly of observed maintenance needs and, at times other than those indicated in the tables,
respond to information received about site conditions.
Maintenance activities in Tables 1-4 with more detailed descriptions or instructions are listed below.
Table 1: City of Hopkins Cottageville Park Inspection, Operations, and Maintenance Tasks
All Park Areas – Areas A, B, C, D, E, F, G, H, I & Great Lawn
Facility to be
Maintained or
Inspected;
Maintenance Activity
Description Frequency Comments/
Responsible Party
Pavilion Inspect bathrooms
General maintenance
Daily: in season
Weekly
Hopkins inspects and
maintains
Trash receptacles
maintenance
Removal of trash from
receptacles
Weekly Hopkins maintains
Litter and debris
removal
Remove trash, debris, and litter
from site areas, and accessible
site components. No structure
entry anticipated. Sweep ground
and surfaces clear of sediment,
litter, and organic debris –
bagging and removing as
necessary. Excessive organic
debris should be removed when
it is near drainage structures, in
vegetated areas that may
impede the proper growth of
desirable vegetation, or
otherwise impacts site function.
Woody debris should be
removed when it is accumulated
in an area that inhibits site
function or poses an aesthetic or
Weekly or as required
Hopkins maintains
Cottageville Park Operations and Maintenance Plan April 2023
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safety issue, or may be relocated
when it is found in a vegetated
area. Sweep loose aggregate /
mulch onto proper surface.
Mulched natural
surface trails
Litter & debris removal, flow
path clearing, weed control,
groundcover refreshing
Weekly: litter & debris
removal. Monthly:
flow path clearing.
Monthly during
growing season: weed
control. Seasonally:
groundcover
refreshing
Hopkins inspects and
maintains
Turf maintenance Mowing, weed treatment,
fertilization, and adjustment of
irrigation
As needed throughout
growing season
Hopkins maintains
Trail Mowing Mow a 3-foot-wide strip along
pedestrian areas. String
trimming permitted in difficult to
reach areas.
Monthly during
growing season
Hopkins maintains
Irrigation system use
and maintenance
Irrigation system will need spring
“start-up” and fall “shut-down”
as well as periodic adjustments
throughout the growing season;
Hopkins to consider a soil
moisture sensor to automatically
adjust irrigation. Repair leaking
irrigation or damaged emitters.
Spring: start-up.
Growing season:
adjustment and
maintenance. Fall:
Blow out irrigation
lines and winterize
system
Hopkins operates,
inspects, and maintains.
Contact irrigation
contractor for repairs if
necessary.
MCWD to contact
Hopkins if irrigation levels
are not appropriate for
landscape plantings.
Removal of
trees/limbs capable of
falling
Evaluation/ removal of
unhealthy or dead trees and
limbs
Twice annually in
spring and fall and
after major storms
Hopkins inspects and
maintains. Where the
work involves specimen
oaks along the
streambank, absent
immediate hazard,
Hopkins will contact the
MCWD before tree or
limb removal.
Benches maintenance Materials can degrade over time;
benches may be vandalized
Twice annually in
spring and fall
Hopkins inspects and
maintains
Drinking fountain
maintenance
Drinking fountain will need
periodic inspection for repair
needs related to regular use; will
need to be winterized annually
Twice annually in
spring and fall
Hopkins inspects and
maintains
Bicycle rack
maintenance
Racks will need periodic
inspection for repair needs
related to regular use
Twice annually in
spring and fall
Hopkins inspects and
maintains
Cottageville Park Operations and Maintenance Plan April 2023
6
Electrical utility and
lighting (poles and
fixtures) maintenance
Utilities will need periodic
inspection for repair needs
related to regular use;
replacement of lighting
components will be required
Twice annually in
spring and fall
Hopkins inspects and
maintains
Interpretive signage Develop, locate, and maintain
informational and interpretive
signs
Twice annually in
spring and fall
MCWD and Hopkins
jointly maintain
Wayfinding/directional
signage
Develop, locate, and maintain
wayfinding and directional signs
Twice annually in
spring and fall
MCWD and Hopkins
jointly maintain
Erosion on path
edges/slopes
Unstable slopes adjacent to path
erodes
Annually in spring; as
needed after storm
events
Hopkins inspects and
maintains
Debris on paths Leaves, sticks, dirt accumulate
on trail
Annually in spring Hopkins inspects and
maintains with
blower/sweeper
Settling around storm
pipes under concrete
trail
Trail settles on either side of
storm pipe causing uneven trail
Annually in spring Hopkins inspects and
maintains
Concrete paths,
steppers, and pavers
Freeze/thaw or tree roots cause
concrete to heave
Annually in spring Hopkins inspects and
maintains
Timber walk sections
maintenance
Timbers can degrade over time Annually in spring Hopkins inspects and
maintains
Steel edging
maintenance
May become damaged from turf
mowing and snow removal
Annually in spring Hopkins inspects and
maintains
Timber walk
abutments
Frost and water cause path and
timber walk abutment to
become askew
Annually in spring Hopkins inspects and
maintains
Furnishing Refreshing Remove and sand jagged
surfaces and protrusions. Oil
wooden benches and surfaces
based on aesthetic desired.
Power wash solid stone and
wood surfaces. Remove graffiti
and repaint. Replace and restore
loose aggregate areas.
Annually in spring Hopkins inspects and
maintains
Aggregate Refreshing Replace and restore loose
aggregate areas.
Annually in spring Hopkins inspects and
maintains
Pruning Prune woody vegetation within 5
feet of pedestrian areas for
proper structure, removal of
dead limbs, and provide 14-foot
vertical clearance.
Annually in late Fall Hopkins inspects and
maintains
Snow removal Snow and ice accumulation
during the winter months,
including pedestrian bridge
As needed throughout
winter season
Hopkins inspects and
maintains
Cottageville Park Operations and Maintenance Plan April 2023
7
Inspect for bee/wasp
nests
Railings, timber walks, and
benches may be locations for
bee/wasp nests
As needed Hopkins inspects and
maintains
Graffiti control Remove graffiti, re-paint
surfaces
As needed Hopkins inspects and
maintains
Wildlife control Wildlife abatement As needed Hopkins addresses on as-
needed basis
Minor Concrete/
Masonry Repair
Repair spalling, cracking, or
displaced/loose concrete or
masonry site components.
Repair damage with parging,
patching, or replacement of
missing components. Major
repairs may need to be
professionally contracted.
As needed Hopkins inspects and
maintains
Metal Structure Repair Paint chips, flaking, or corrosion.
On painted metal structures,
remove excess rust through
mechanical means (wire brush or
sanding), and apply touch-up
paint to cover chips. On
galvanized steel structures,
remove excess rust through
mechanical means (wire brush or
sanding), and apply cold
galvanize to the affected area.
As needed Hopkins inspects and
maintains
Playground & Community Garden – Area B
Facility to be
Maintained or
Inspected
Description Frequency Comments/
Responsible Party
Playground Area Equipment safety inspection
General maintenance
Monthly
Weekly
Hopkins inspects and
maintains
Community garden
fence maintenance
Fence will need periodic
inspection for repair needs
related to regular use
Twice annually in
spring and fall
Hopkins inspects and
maintains
Gateway – Area F
Facility to be
Maintained or
Inspected
Description Frequency Comments/
Responsible Party
Gateway Pergola Litter & debris removal, wipe
down surfaces, and furnishing
refreshing.
Weekly: litter & debris
removal. Monthly:
wipe down surfaces.
Seasonally: furnishing
refreshing
Hopkins inspects and
maintains
Decorative concrete Litter & debris removal, flow
path clearing, weed control,
Weekly: litter & debris
removal. Monthly:
flow path clearing.
Hopkins inspects and
conducts weekly,
monthly, and seasonal
Cottageville Park Operations and Maintenance Plan April 2023
8
groundcover refreshing, minor
concrete repair
Monthly during
growing season: weed
control. Seasonally:
groundcover
refreshing. As needed
based on inspection:
minor concrete repair
maintenance. MCWD
repairs and replaces
damaged portions.
Wooden benches Litter & debris removal, wipe
down surfaces, furnishing
refreshing. Replace broken or
carved (vandalized) slats. Minor
split or checked slats should be
sanded to reduce the chance of
splinters. Follow the
manufacturer’s recommendation
on finishing bench tops with oil
depending on desired aesthetic.
Weekly: litter & debris
removal. Monthly:
wipe down surfaces.
Seasonally: furnishing
refreshing and
winterization
Hopkins inspects and
maintains
Swing benches Litter & debris removal, wipe
down surfaces, furnishing
refreshing
Weekly: litter & debris
removal. Monthly:
wipe down surfaces.
Seasonally: furnishing
refreshing and
winterization
Hopkins inspects and
maintains
Interpretive features TBD TBD TBD
Picnic tables Litter & debris removal, wipe
down surfaces, furnishing
refreshing
Weekly: litter & debris
removal. Monthly:
wipe down.
Seasonally: furnishing
refreshing and
winterization
Hopkins inspects and
maintains
Natural stone seat wall
and step units
Stone block seating and stone
step units. Litter & debris
removal, flow path clearing,
groundcover & furnishing
refreshing, minor
concrete/masonry repair, stain
removal through power washing
with hot water.
Weekly: litter & debris
removal. Monthly:
flow path clearing.
Seasonally:
groundcover &
furnishing refreshing.
As needed based on
inspection: minor
concrete/masonry
repair, stain removal
Hopkins inspects and
maintains
Nature Play – Area H
Facility to be
Maintained or
Inspected
Description Frequency Comments/
Responsible Party
Nature Play Area play
equipment and
surfacing
Consists of engineered wood
fiber, synthetic turf mounds,
precast acorns, nature-based
Weekly: litter & debris
removal. Monthly:
flow path clearing and
Hopkins inspects and
maintains
Cottageville Park Operations and Maintenance Plan April 2023
9
play features. Litter & debris
removal, flow path clearing,
wipe down surfaces,
groundcover & furnishing
refreshing. When engineered
wood fiber depth is inconsistent,
rake to consistent depth,
supplementing with additional
fiber as needed to maintain a 9-
inch depth within a six-foot fall
radius around play structures.
When loose hardware, sharp
edges, or split wood is present,
loose fasteners should be
tightened and sharp edges
should be sanded. Power wash
acorns if staining occurs, and
contact precast supplier for
patching material and
instructions for any chipping.
wipe down surfaces.
Seasonally:
groundcover &
furnishing refreshing
Nature Play Area wood
post barrier fence
If wood splits or checking,
degraded rope, or loose
hardware is present, tighten
loose fasteners, sand sharp
edges created by wood checks,
and tighten or replace rope as
needed.
Inspect twice annually
or as needed
Hopkins inspects and
maintains
Crushed aggregate
surfacing
Litter & debris removal, flow
path clearing, weed control,
groundcover refreshing when
settled or bare areas of crushed
aggregate are present through
filling low areas with material
specified in construction
drawings and compacting in
place.
Weekly: litter & debris
removal. Monthly:
flow path clearing.
Monthly during
growing season: weed
control. Seasonally:
groundcover
refreshing
Hopkins inspects and
maintains
Mulched natural
surface trails
Litter & debris removal, flow
path clearing, weed control,
groundcover refreshing
Weekly: litter & debris
removal. Monthly:
flow path clearing.
Monthly during
growing season: weed
control. Seasonally:
groundcover
refreshing
Hopkins inspects and
maintains
Wooden benches Litter & debris removal, wipe
down surfaces, furnishing
refreshing. Replace broken or
carved (vandalized) slats. Minor
Weekly: litter & debris
removal. Monthly:
wipe down surfaces.
Seasonally: furnishing
Hopkins inspects and
maintains
Cottageville Park Operations and Maintenance Plan April 2023
10
split or checked slats should be
sanded to reduce the chance of
splinters. Follow the
manufacturer’s recommendation
on finishing bench tops with oil
depending on desired aesthetic.
refreshing and
winterization
Picnic tables Litter & debris removal, wipe
down surfaces, furnishing
refreshing
Weekly: litter & debris
removal. Monthly:
wipe down.
Seasonally: furnishing
refreshing and
winterization
Hopkins inspects and
maintains
Pedestrian Bridge Litter & debris removal, wipe
down surfaces, and furnishing
refreshing. Check for chipped
paint, loose guardrail cables, and
erosion around bridge
abutments. On galvanized steel
structures, remove excess rust
through mechanical means (wire
brush or sanding), and
apply cold galvanize to the
affected area. If guardrail cables
are loose, first attempt to
tighten cable at turnbuckle. If
unsuccessful contact
manufacturer for replacement
cable and installation
instructions. Erosion around
bridge abutments should be
corrected to prevent
undermining of foundations.
Weekly: litter & debris
removal. Monthly:
wipe down surfaces.
Seasonally:
winterization; snow
removal; furnishing
refreshing
Inspect twice annually
or as needed.
Hopkins conducts weekly
maintenance and snow
and ice removal. MCWD
inspects and maintains
bridge structure and
components for structural
integrity and long-term
condition.
Table 2: City of Hopkins and MCWD Stormwater System Inspection, Operations, and Maintenance
Tasks
Stormwater System – Areas C, D & Great Lawn
Maintenance or
Inspection Activity
Description Frequency Comments/Responsible
Party
Drainage Structure
Clearing
Clear structures and grates to
facilitate proper function of
drainage structures
Monthly Hopkins inspects and
maintains
Flow Path Clearing Remove obstructions and debris
to promote proper overland
flow
Monthly Hopkins inspects and
maintains
Cottageville Park Operations and Maintenance Plan April 2023
11
Storm sewer and
Filtration system
monitoring
MCWD monitors for
performance: samples
stormwater at system inlet and
system outlet to determine
phosphorous removal
concentrations
Monitor April through
October, after
precipitation events
MCWD performs
stormwater sampling and
monitoring
Stormwater facilities,
sewer pipes and pre-
treatment system
Remove sediment, trash, and
debris. Cleanout storm sewer
pipes and manholes 1, 2, 3, and
5 which contain baffled sumps.
Sediment removal requires a
vacuum truck which will be
located only on Hopkins
property. Hoses will be utilized
as necessary on MCWD
property.
Inspect and clean
annually in late
summer or fall
Hopkins inspects and
maintains
Replace filter media Remove and replace filter media
with fresh sand, iron filings (5%)
and coarse aggregate
Replacement occurs
when MCWD
stormwater
monitoring data
indicate filter media is
not removing
phosphorous per
project design
(typically each 6-8
years)
Hopkins performs system
maintenance to remove
and replace filter media
Maintenance Records Documentation of inspections,
data, and maintenance activities
performed
As actions are
performed
MCWD and Hopkins
document actions for
activities indicated in this
table and provide
inspection and
maintenance information
as requested
Table 3: City of Hopkins Vegetation Management Inspection, Operations, and Maintenance Tasks and
Responsibilities
Pavilion and Playground – Areas A & B
Maintenance or
Inspection Activity
Description Frequency Comments/Responsible
Party
Landscape vegetation
management within
the pavilion area (Area
A) and playground
area (Area B)
Weed treatment (herbicide
application, spot mowing or hand
weeding), plant replacement,
pruning, and monitoring
Weed treatment 3
times during growing
season at minimum;
plant replacement
and pruning once
Hopkins inspects and
maintains
Cottageville Park Operations and Maintenance Plan April 2023
12
annually or as
needed
Hardwood mulch
maintenance within
the pavilion area (Area
A) and playground
area (Area B)
Replace shredded hardwood
mulch throughout Area A and
Area B
Once annually in
spring
Hopkins has shredded
hardwood mulch for park
use. Hopkins installs in
spring as necessary
(approx. every other year)
Re-Planting Replant bare areas (missing more
than approximately 30 square
feet of vegetation) with native
plantings based on the original
planting plan
As needed based on
inspection
Hopkins inspects and
maintains
Gateway & Nature Play – Areas F & H
Facility to be
Maintained or
Inspected;
Maintenance Activity
Description Frequency Comments/
Responsible Party
Landscape vegetation
within the Gateway
and Nature Play areas
These areas are highly visible to
the public and maintenance
activities are performed more
frequently. Shrub and tree
pruning, refresh mulch, weeding,
cutting back previous seasonal
growth, trunk protection. Review
snow removal plan & storage
areas with MCWD maintenance
staff. Bare areas should be
replanted/reseeded based on the
original planting plan.
Monthly June
through September:
weeding. Annually:
Shrub and tree
pruning, refresh
mulch. Annually in
late May: Cut back
previous season
seedheads & grasses
(cut perennials back
to 4-6”, cut
grasses back to top
of clump mass).
Prune flopping/
drooping material
for aesthetics (leaf
litter in beds may be
used as protective
mulch over winter).
Late October: Install
trunk protection on
trees as needed to
prevent damage
from wildlife
Hopkins inspects and
maintains
Re-Planting Replant bare areas (missing more
than approximately 30 square
feet of vegetation) with native
plantings based on the original
planting plan
As needed based on
inspection
Hopkins inspects and
maintains
Cottageville Park Operations and Maintenance Plan April 2023
13
Table 4: MCWD Vegetation Management Inspection, Operations, and Maintenance Tasks and
Responsibilities
Streambank and Landscape Area to the southeast of the Great Lawn - Areas C & D
Maintenance or
Inspection Activity;
Maintenance Activity
Description Frequency Comments/Responsible
Party
Landscape vegetation
management within
the area adjacent to
the creek (Area C) and
areas south and east
of the oval lawn (Area
D) including trees;
does not include turf
Weed treatment (herbicide
application, spot mowing, or
hand weeding), plant
replacement, pruning, and
monitoring
Weed treatment 3
times during growing
season at minimum;
plant replacement
and pruning once
annually or as
needed
MCWD inspects and
maintains
Streambank/floodplain
vegetation
management and
erosion control
prevention
Weed treatment (herbicide
application or hand weeding),
plant replacement, pruning,
application of erosion control
practices
Weed treatment 3
times during growing
season at minimum;
plant replacement
and pruning once
annually or as
needed; determine
need for erosion
control once
annually
MCWD inspects and
maintains
Hardwood mulch
maintenance within
the area adjacent to
the creek (Area C) and
areas south and east
of the oval lawn (Area
D) including trees
Replace shredded hardwood
mulch throughout Area C and
Area D
Once annually in
spring
Hopkins has shredded
hardwood mulch for park
use.
MCWD Contractor installs
in spring as necessary
(approx. every other year)
Pruning Prune woody vegetation within 5
feet of pedestrian areas for
proper structure, removal of
dead limbs, and provide 14-foot
vertical clearance
Annually in late Fall MCWD inspects and
maintains
Planting & Mulching Replant bare areas (missing more
than approximately 30 square
feet of vegetation) with native
plantings based on the original
planting plan. Refresh shredded
hardwood mulch approximately
every 2-3 years in plant beds.
As needed based on
inspection
MCWD inspects and
maintains
Gateway & Nature Play – Areas E, G, & I
Cottageville Park Operations and Maintenance Plan April 2023
14
Maintenance or
Inspection Activity;
Maintenance Activity
Description Frequency Comments/Responsible
Party
Landscape vegetation
within the Gateway
and Nature Play areas
Weeding, shrub and tree pruning,
trunk protection. Bare areas
should be replanted/reseeded
based on the original planting
plan.
Monthly during the
first three years from
June through
September:
weeding. Every two
to five years: Shrub
and tree pruning.
Late October: Install
trunk protection on
trees as needed to
prevent damage
from wildlife. As
needed: to ensure a
safe, functional, and
clean site
MCWD inspects and
maintains
Rain Gardens Rain gardens at Gateway and
Nature Play consist of vegetated
areas, drainage structures, and
subdrains. Litter & debris
removal, drainage structure and
flow path clearing, weed control,
pruning, winterization, drainage
structure maintenance, pipe
maintenance, erosion repair,
minor concrete/masonry repair,
planting and mulching.
Weekly: litter &
debris removal.
Monthly: drainage
structure and flow
path clearing.
Monthly during
growing season:
weed control.
Seasonally: pruning
and winterization. As
needed based on
inspection: Drainage
structure, pipe,
erosion, minor
concrete/masonry
maintenance and
repair. Planting and
mulching.
MCWD inspects and
maintains
IV. Site Protection and Safety
The City of Hopkins is responsible to maintain the entire park, including the pedestrian bridge, on a day-
to-day basis for purposes of sanitation, snow and ice management, and public safety.
The City of Hopkins will set ordinances and other terms for public use of the park. The City will prohibit
the operation of motorized vehicles within the park, except as required under the Americans with
Cottageville Park Operations and Maintenance Plan April 2023
15
Disabilities Act or other legal requirements. The City's use of motorized vehicles or equipment on
MCWD property will be in accordance with the easement referenced in section I, above.
MCWD will coordinate with the City of Hopkins to designate location names for various areas of
Cottageville Park to aid emergency personnel in locating park users in need of assistance.
Hopkins will trim vegetation to maintain adequate sight lines and visibility for crime prevention
purposes, except that MCWD will be responsible for native vegetation management as set forth in the
Project Agreement. The City of Hopkins and MCWD will coordinate to identify areas that require open
sight lines, and the City and MCWD each will prune and trim within its area of management as indicated
in Tables 1-4, above.
The City of Hopkins regulates the removal of graffiti by City ordinance (City Code Section 405). Certain
areas of the park are problem areas for litter. Large garbage bins are located at the park entrances, near
the playground, and at the Nature Play area and are maintained by the City of Hopkins.
V. Conclusion
The City of Hopkins and MCWD accept perpetual maintenance responsibility for the project elements
detailed within this Operations and Maintenance Plan but will work to coordinate specific maintenance
tasks determined to be necessary. The parties will work together in good faith to protect the condition
of the facilities as a whole.
This Operation & Maintenance Plan sets forth the maintenance responsibilities as provided for in the
Project Agreement.
IN WITNESS WHEREOF, the parties execute this Operations & Maintenance Plan by their authorized
officers.
CITY OF HOPKINS
By__________________________________________________ Date: ____________________________
Its City Manager
MINNEHAHA CREEK WATERSHED DISTRICT
By _________________________________________________ Date: ____________________________
Cottageville Park Operations and Maintenance Plan April 2023
16
Its Administrator
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Area A
Area C
Area D
Area F
Area B
Great Lawn
Area H
Area E
Area I
Area G
COTTAGEVILLE PARK
MAINTENANCE SITE PLAN
¯0 10050
Feet
Legend
Parcel Boudary
Parcel Ownership
Minnehaha Creek Watershed District
City of Hopkins
Maintenance Area & Responsible Agency
Hopkins
MCWD
Attachment A
1
EASEMENT
On the Property of the Minnehaha Creek Watershed District
Hennepin County, Minnesota
Legal description of Burdened Property:
See Attachment A
THIS EASEMENT is entered into between the Minnehaha Creek Watershed District, a
special-purpose governmental body with authorities specified at Minnesota Statutes
Chapters 103B and 103D (“Grantor”), and the City of Hopkins, a home rule charter city of
the State of Minnesota (“Grantee”) (together, the “Parties”).
RECITALS
A. Grantor owns the Burdened Property in fee, which is adjacent to a parcel owned
by Grantee in fee. The Parties partnered to design and construct public park
improvements on the two adjacent parcels. As a part of these improvements, the
Parties constructed a stormwater management facility to treat stormwater runoff from
the contributing developed subwatershed (“Facility”). The Facility consists of four
sump/baffle manholes, an underground pipe gallery, a chamber containing an iron-
enhanced sand filter medium, tile to collect and convey stormwater passing through the
chamber, an outlet structure with stone veneer discharging into Minnehaha Creek, and
associated appurtenances. The Facility is located in part under each of the two parcels.
B. By agreement of the Parties, Grantor is responsible to maintain native vegetation,
creek buffer zone improvements and signage on the Burdened Property, and Grantee is
responsible to: (1) provide day-to-day maintenance of the remainder of the public space
on the Burdened Property, including but not limited to sanitation, inspection for and
addressing hazards resulting from events such as severe weather, and public safety; and
(2) maintain the Facility.
C. Grantor conveys this Easement to Grantee so as to allow Grantee to fulfill its
maintenance obligations on and under the Burdened Property as described in Recital B,
and set forth more fully in one or more agreements between the Parties.
2
TERMS
1. Grantee may enter on and beneath the Burdened Property on foot and may use
hand-operated motorized and non-motorized equipment, and self-propelled mowing
equipment, to perform inspection and maintenance activities described at Recital B,
above. Grantee may operate other small self-propelled motorized equipment to facilitate
maintenance activity but will restrict such equipment to paved areas. When a vacuum
truck or similar vehicle is used to maintain elements of the Facility, it may be operated on
the Burdened Property, but will be restricted to paved areas.
2. Notwithstanding section 1, Grantee may occupy the Burdened Property in a more
extensive manner as necessary or convenient to remove and replace iron-sand medium
and otherwise to perform unscheduled maintenance or repair work of a more substantial
nature. In this case, the Parties will consult in advance and determine reasonable terms
for Grantee’s occupation that avoid damage or interference of use unacceptable to
Grantor. Notwithstanding the previous sentence, if Grantee determines it must occupy
the Burdened Property immediately to prevent injury, environmental harm or material
property damage, it will take reasonable steps to notify Grantor before entering the
Burdened Property and, in any event, will notify Grantor by the next business day.
3. In exercising its easement rights, Grantee will avoid damage to any tree or root
system, native vegetation, improvements and signage, and will avoid actions that foster
erosion of the creek bank. Grantee will remove all trash and debris and will repair any
damage to soils, vegetation, paved or installed surfaces or other surface or subsurface
improvements resulting from its activity on the Burdened Property.
4. In exercising its easement rights, Grantee is acting on its own behalf and not in any
respect as agent or representative of Grantor. Grantor and Grantee each remains solely
responsible to maintain liability and other insurance as each deems appropriate for its
actions on and authority over the Burdened Property.
5. The above recitals are incorporated into this Easement as terms hereof. The
Parties may amend this Easement only by a duly executed writing. This Easement will run
with the land in perpetuity and bind and benefit the parties and their respective
representatives, heirs, successors, assigns and all others who exercise any right by or
through them. Grantee, at its cost, may file and refile this Easement in the Hennepin
County land records.
3
MINNEHAHA CREEK WATERSHED DISTRICT, Grantor
Date:
Sherry Davis White, President
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , 2023, by Sherry
Davis White as President of the Minnehaha Creek Watershed District.
Notary Public
ACCEPTED:
CITY of HOPKINS, Grantee
Date:
By: Patrick Hanlon, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , 2023, by
Patrick Hanlon, as Mayor, City of Hopkins.
Notary Public
Date:
By: Amy Domeier, Clerk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
4
This instrument was acknowledged before me this day of , 2023, by Amy
Domeier as Clerk, City of Hopkins.
Notary Public
This document prepared by:
Smith Partners P.L.L.P.
400 Second Avenue South, Suite 1200
Minneapolis MN 55401
5
Attachment A
LEGAL DESCRIPTION
Parcel 1 (415 Blake Road):
That part of Lot 70, Auditor's Subdivision Number 239, Hennepin County, Minnesota, lying
Southwesterly of Minnehaha Creek, except that portion conveyed to Hennepin County for
highway purposes.
Parcel 2 (1303 Lake):
That part of Lot 70, Auditor's Subdivision Number 239, Hennepin County, Minnesota, bounded
by a line described as follows: Beginning at the Northeast comer of said Lot 70; thence West to
the Northwest comer of said Lot 70; thence South along the West line of said Lot 70 a distance
of 240 feet; thence East parallel with the North line of said Lot 70 a distance of 335.6 feet;
thence South parallel with the East line of said Lot 70 a distance of 175 feet to the actual point of
beginning of the land to be described; thence deflecting to the right at an angle of 108 degrees a
distance of 180 feet; thence deflecting to the left at an angle of 90 degrees a distance of 103 feet
more or less to the center line of Minnehaha Creek; thence Southeasterly along the center line of
said creek to its intersection with the Northerly line of Lake Street; thence Northeasterly along
the Northerly line of Lake Street a distance of 100 feet more or less to its intersection with a line
drawn parallel with and 250 feet Westerly from the East line of said Lot 70; thence Northerly
along said parallel line to the point of beginning,
EXCEPTING therefrom that part of Lot 70, Auditor's Subdivision Number 239, described as
follows: Commencing at a point in the West line of said Lot, distant 240 feet South of the
Northwest comer thereof; thence East parallel with the North line of said lot, 335.6 feet; thence
South parallel with the East line of said lot a distance of 146.5 feet; thence at a right angle West
87.71 feet to the actual point of beginning of the tract of land to be described; thence continuing
West along the last described course 92.3 feet; thence Northeasterly deflecting to the right 108
degrees a distance of 28.52 feet; thence at a right angle Southeasterly 87.78 feet to the actual
point of beginning.
ALSO:
That part of Lot 70, Auditor's Subdivision Number 239, described as follows: Commencing at a
point in the West line of said lot, distant 240 feet South of the Northwest comer thereof; thence
East parallel with the North line of said lot, 335.6 feet; thence South parallel with the East line of
said lot a distance of 175 feet to the actual point of beginning of the tract of land to be described;
thence North along the last described course 28.5 feet; thence at a right angle West 87.71 feet;
thence Southeasterly 92.22 feet to the actual point of beginning.
Parcel 3 (1305 Lake):
All that part of Lot 70, Auditor1s Subdivision Number 239, Hennepin County, Minnesota,
described as follows: Beginning at the Northeast comer of said Lot; thence West along the North
line thereof a distance of 590.6 feet, more or less, to the Northwest comer of said lot, said point
being on the West line of the Northeast 1/4 of the Northeast 1/4 of Section 19, Township 117,
Range 21, West of the Fifth Principal Meridian; thence South along the West line of said Lot 70,
a distance of 240.0 feet; thence East parallel to the North line of said Lot 70, 335.6 feet to the
actual point of beginning of the land to be described; thence continuing East on last described
line 50 feet; thence South parallel to the East line of said Lot 70, 236.6 feet to the Northerly line
of Lake Street, said point being 225.2 feet Southwesterly from its intersection with the East line
of said Lot 70; thence Southwesterly along the Northerly line of Lake Street 56.3 feet; thence
North parallel to the East line of said Lot 70, 262.2 feet more or less, to the actual point of
beginning.
(Abstract Property)
Parcel 4 (427 Blake)
Real property in the County of Hennepin, State of Minnesota, described as follows:
That part of Lot 70, Auditor's Subdivision Number 239, Hennepin County, Minnesota,
described as beginning at a point in the West line of said Lot 70 distant 240 feet South of
the Northwest corner thereof; thence East parallel to the North line of said Lot 70,335.6
feet; thence South parallel to the East line of said Lot 70, 146.50; thence deflecting to the
right at an angle of 90 degrees for a distance of 180.01 feet; thence deflecting to the left
at an angle of 72 degrees to the center line of Minnehaha Creek; thence Northwesterly
along the center line of said Creek to the West line of said Lot 70; thence North along the
West line of said Lot 70 to the point of beginning; except the West 33 feet and except that
part designated and delineated as Parcel 30B, Hennepin County Right of Way Map No. 2.
Together with an easement over a ten (10) foot strip of land running from the South line
of the above described tract to the Northerly line of Lake Street, the East line of said strip
being the Southerly extension of the East line of the above described tract.
(Abstract Property)