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CR 2000-037 Approve Joint Powers Agreement and Trail Easement . . e CITY OF ~ HOPKINS March 1, 2000 Council Report: 2000-37 APPROVE JOINT POWERS AGREEMENT AND TRAIL EASEMENT SUBURBAN HENNEPIN REGIONAL PARK DISTRICT & CITY OF HOPKINS HUTCHINSON SPUR REGIONAL TRAIL Proposed Action. Staff recommends adoption ofthe following motion: "Move that Council approve a joint powers agreement with Suburban Hennepin Regional Park District as it concerns the construction ofthe Hutchinson Spur Regional Trail and adopt Resolution 2000-16, Resolution Authorizing Use of City Property for the Hutchinson Spur Regional Trail, City Project 99-05." Overview. MN/DOT has requested of the City adoption of a resolution formally authorizing use of former Northern Pacific Railroad right-of-way (now City of Hopkins Property) and a trail easement on it for purposes of the proposed Hutchinson Spur Regional Trail. This trail will be on property adjacent to the east side ofT.H. ]69 from Excelsior Boulevard to T.H. 7. Primary Issues to Consider . Trail plans and construction schedule . Project funding . Agreement Terms . Reconunendation Supporting Information . Agreement . Resolution 2000-]6 ~~ James Gessele, Engineering Superintendent Financial Impact: $ N/A Budgeted: No Related Documents (CIP, ERP, etc.): N/A Notes: Source: N/A . e . Analysis of Issues . Trail plans and construction schedule Attached is a plan sheet showing the trail location within Hopkins City limits. The trail is 10 feet wide and designed for non-motorized purposes. It is anticipated the project will be bid this spring for construction in the summer of2000. . Project funding No City funding is required. Apparently Suburban Hennepin Regional Park District funds along with state and federal funds will finance this project. . Agreement Terms The cities of Hopkins and St. Louis Park have worked closely in planning a regional trail corridor. The purpose of a joint powers agreement is to establish an easement, development and operational plan for the Hutchinson Spur Regional Trail corridor in Hopkins. The City will furnish a permanent non-exclusive easement and the Regional Park District agrees to develop and maintain the land within the trail corridor. The Park district will be responsible for providing all trail signs and shall have sole responsibility for design of the trail. Both parties agree that Park District Rangers and City Police Officers can exercise all lawful powers within the corridor to enforce state, county and municipal laws, ordinances and regulations. Should the City wish to terminate the agreement then it agrees to reach a mutual decision with the District to either compensate the District, provide and alternate trail corridor or agree to leave the trail in place. Should the Park District wish to terminate then it agrees to release the trail easement and no longer place any encumbrance upon the City property. . Recommendation The City's attorney has provided extensive review of the agreement and required several changes. A final draft has been agreed upon and staff recommends approval of the agreement and adoption of Resolution 2000-16. . . e JOINT POWERS AGREEMENT BETWEEN SUBURBAN HENNEPIN REGIONAL PARKDISTRlCT AND CITY OF HOPKINS 1, Parties. The parties to this agreement the Suburban Hennepin Regional Park District (hereinafter referred to as "Park District") and the City of Hopkins (hereinafter referred to as "City"), sometimes hereafter collectively referred to as the "Parties." This agreement is entered into by the parties pursuant to and in accordance with all the provisions of MimI. Stat. 9471.59. 2. Preamble, a. Regional Trail Corridor. The ..City of St. Louis Park has plmmed and will develop the Hutchinson Spur Trail Corridor, which, when completed, will create a regional trail corridor [rom the Cedar Lake Regional Trail to the Southwest LRT Regional Trails in Hopkins, of which two- thirds of a mile arc located in the City of Hopkins as more completely described in the Grant of Penn anent Non-Exclusive Easement attached hereto. Within this portion of the regional trail corridor, the lands are owned either by the Park District or the City of Hopkins. b. Inter-governmental Cooperation. The City and Park District have cooperated in planning the regional trail corridor. The parties recognize that the trail corridor incorporates certain areas of City lands and interests as connecting links in the Hutchinson Spur Regional Trail Corridor. Both parties have recognized that a cooperative approach in thc planning and development of the Hutchinson Spur Regional Trail Corridor is in the mutual park interests of thc City as - I - . e e well as the citizens represented by the District. The parties desire to further cooperate in the continued development and operations of this portion of the Hutchinson Spur Regional Trail Corridor. 3. Authority. The parties hereto are entering into this agreement pursuant to the provisions of Minn. Stat. 9 471.59 and Minn.Stat. 9 398.01 through 398.26. The purpose of this agreement is to establish a land acquisition, development and operational plan for the Hutchinson Spur Regional Trail Corridor lying within the City of Hopkins. 4. Scope of Agreement - City of Hopkins In recognition of staff resources and capabilities and past planning efforts and also in recognition of the existing land acquisition already undertaken by the City, the City agrees as follows: a. The City shall grant to the Park District a pemlanent non-exclusive casements for the use of land dedicated for City purposes within the designated Hutchinson Spur Regional- Trail Corridor in accordance with paragraph 6 herein. S. Scope of Agreement - Suburban Hennepin Regional Park District In recognition of its resources and capabilities, the Park District will be responsible for the following: a. Park District shall develop and maintain the land within the designated area for the Hutchinson Spur Regional Trail Corridor designated in the Grant of Permanent Non- Exclusive Easement. The City shall have the right to use such land for any purpose not inconsistent with the Hutchinson Spur Regional Trail Corridor. 6. Permanent, Non-exclusive Easements The City shall grant a pemIanent, non-exclusive easement to the Park District for the portion of the Hutchinson Spur Regional Trail owned or controlled by the City. Said casement is attached - 2 - . . e hereto. Said easement shall be for nominal consideration and shall pemlit the public use of the property for trail purposes, including but not limited to pedestrian use, cross-country skiing, bicycles and other non-motorized uses. The casement shall require the Park District to operate and maintain the trail and will require that the Park District make all capital investments to develop the trail in accordance with the trail designs of the Park District. Said easements shall not require the Park District to plow or maintain thc trails in winter, but will pemIit the City the option of maintaining the premises during the winter season. 7. Law enforcement. a. Park District Rangers. Park District Rangers may exercise all lawful powers, including the enforcement of Park District ordinances within the Hutchinson Spur Regional Trail Corridor. Park District Rangers may also enforce all state, county, and municipal laws, ordinances and regulations within the Hutchinson Spur Regional Trail Corridor. b. City Police Officers. City Police Officers may exercise all lawful powers within the Hutchinson Spur Regional Trail Corridor, including the authority to arrest persons violating the ordinances of the Park District, to serve warrants upon persons accused of violating an ordinance of the Park District and to carry out the prosecution for violations of any such ordinance. 8. Signage. The Park District will be primarily responsible for providing all signage on Hutchinson Spur Regional Trail Corridor. 9. Design. The Park District shall have sole responsibility for the design of the Hutchinson Spur Regional Trail Corridor, provided such design and construction of trail improvements shall be subject to - 3 - MRR-01-2000 16:31 HENNEPIN PRRkS HQ 763 559 3287 P.05/10 the ordinances, codes and regulations enforced by the City. . 10. Indemnity. The Park District agrees to defend, indemnify and hold hannless the City, iIS elected officials, officers, agents and employees from any liability, claims, demands, personal injury, costs. judgments or expenses (including reasonable attorney's fees) arising from the Park District's negligence or intentional acts in design, ownership, development, construction, maintenance or operations of the Hutchinson Spur Regional Trail Corridor within the City. 11. Uses. All lands within the Hutchinson Spur Regional Trail Corridor shall be used solely for non- motorized recreational uses, including pedestrian use, cross-country skiing, bicycling, and other . non-motorized uses. The parties may employ motor vehicles on the Hutchinson Spur Regional Trail Corridor for maintenance and la\v enforcement pUIposes, and providing further, that motorized uses shall be permitted where the trail corridor traverses pUblic streets and right-of- ways. 12. Property Distribution. In the event the Park District wishes to discontinue its participation in the Hutchinson Spur Regional Trail Corridor as identified on Exhibit A, then the easement shall be terminated as follows: a. Park District agrees to convey the property back to the City and to release the easement by a written Release or QuitClaim Deed, in recordable form. 13. Termination of Agreement_ This Agreement may be terminated by either party hereto by wntten notice at least one year prior to the date of the desired termination. If the Park District is the terminating party; the matter is e handled per Section 12 of the Agreement If the terminating party is the City, the City shall: - 4- M8R~01-2000 16:32 HENNEPIN P8RKS HU 763 559 3287 P.07/10 1. Allow the continued use of the trail for Regional Trail purposes, or: . 2. Provide an alternate trail that links the Hutchinson Spur Regional Trail to the East Corridor of the Southwest LRT Regional TraiL at the City's expense. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their respective officers. Date: , 2000 SUBURBAN HENNEPIN REGIONAL PARK DISTRICT, a public corporation and political subdivision of the State of Minnesota By: James Deane, Chair- Board of Commissioners . By: Douglas F. Bryant, Superintendent and Secretary to the Board Date: , 2000 CITY OF HOPKINS By: Its Mayor By: Its City Manager - 5 - . MAR-Ol-2000 16:32 HENNEPIN PARKS HQ 763 559 3287 P.OB/10 GRANT OF PERMANENT NON-EXCLUSIVE EASEMENT . The City of Hopkins, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as "Grantor," in consideration of One and nollOO Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby QuitClaim and convey unto Suburban Hennepin Regional Park District, a political subdivision of the State of Minnesota, hereinafter referred to as "Grantee," its permitted successors and assigns, forever, a permanent non-exclusive easement for recreational trail purposes over, across, on, and through land situated within the County of Hennepin, State of Minnesota, as described on the attached Exhibit A. Recreational trail purposes shall include but is not limited to pedestrian use, cross- country skiing, bicycling and other non-motorized uses. In no event shall recreational trail purposes include motorized uses. INCLUDING the right of the Grantee, its contractors agents, servants and assigns, to enter upon the easement premises and such adjacent CIty land as may reasonably be required, at all reasonable times . to operate the recreational trail, to construct, reconstruct, inspect, repair and maintain said recreational trail over, across, on, and through the easement premises, together with the right to grade, level, fill. pave and. excavate the easement premises, provided Grantee shall restore all damage IO the easement premises caused by Grantee or Its agents or employees. Grantor and Grantee may employ motor vehicles on the recreation trail for maintenance and law enforcement purposes, and further, motorized users shall be permitted where the trail corridor traverses public streets and right~of-ways. The above named Grantor, for itself, its successors and its assigns, does covenant with the Grantee, its successors and assigns that it is fee o\vncr of the easement premises described in Exhibit A, that it has the sole right to QuitClaim and convey the casement to the Grantee and that there are no umecorded interests in the easement premises that would prevent the granting of the easement. . - 1 - MRR-01-2000 16:33 HENNEPIN PRRKS HQ 763 559 3287 P.09/10 The easement granted hereby is appurtenant to Grantees rights on the Hutchinson Spur Trail . Corridor and may not be transferred by Grantee except as an appurtenance thereto as part of the transfer of all of Grantees rights in said Trail Corridor. Notwithstanding any provision of this Grant apparently to the contrary, this Grant and the easement established hereby may be terminated in the manner stated in Paragraph 13 of the Joint Powers Agreement between Grantor and Grantee, dated IN TESTIMONY WHEREOF, [he Grantor hereto has signed this agreement this day of ,2000e GRANTOR: City of Hopkins By: Its: . By: Its: STATE OF MINNESOTA ) ) 55. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 2000 by and respectively the and of the City of Hopkins, a mtulicipal corporation organized under the laws of the State of Minnesota, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: . Shl/wp/agrccmcntsljoim powerslHopJdns-Hulchinson Spur - 2 - M8R-01-2000 16:33 HENNEPIN P8RKS HQ 763 559 3287 P.10/10 . HOPKINS PROPERTY ON HUTCHINSON SPUR A non-exclusive easement for recreational trail purposes 20 feet in width over, across, on and through the land described below. The centerline of such easement is the centerline of the following tracts of land, namely: All that portion of Burlington Northern Railroad Company's (formerly Great Northern Railway Company) 100 foot widc Hopkins Jet. to Hopkins, Minnesota Branch Line right of way, now discontinued. being 50 feet wide on each side of said Railroad Company's Main Track centerline as originally located and constructed upon, over and across the Northwest Quarter of Section 19, Township 117 North, Range 2 I West of the 5th Principal Meridian, Hennepin County, Minnesota, bounded on the North and South by the North and South lines of said Northwest Quarter of Section 19; Also, An additional strip ofland 35 feet wide lying adjacent to and parallel with the Easterly line ofthe hereinabove described 100 foot wide right of way. bounded on the South by the South line of said . Northwest Quarter and bounded on the North by a line drawn at right angles to said 35 foot wide strip of land distant 450 feet Northerly of the South line of said Northwest Quarter, as measured along the Easterly line of said 35 foot wide strip of land. SUBJECT, however, to all existing interests, including but not limited to all reservations, restrictions, rights-of-way and casements of record or otherwise. . \\mastcr\sys\uscrs\sh 1\~\agrecmcnts~oint powers'JlOpkins - hutchinson spur,doc TOTAL P. 10 . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2000-16 RESOLUTION AUTHORIZING USE OF CITY PROPERTY FOR THE HUTCHINSON SPUR REGIONAL TRAIL 1\1INN. PROJECT NO. TEAX 2798 (032) S.P. 163-090-0] CITY PROJECT SR 99-05 WHEREAS, the City Council of the City of Hopkins, Minnesota, has prepared plans and specifications for the Hutchinson Spur Regional Trail improvements; and WHEREAS, said plans and specifications are designated as City Project SR 99-05, State Project No. ] 63-090-0], and Minn. Project TEAX 2798 (032); and . WHEREAS, the plan and specifications for said trail improvements require the use of certain City property, to wit a 100-foot wide strip of land formerly Burlington Northern Railroad Company right-of-way located in the Northwest Quarter of Section] 9, Township 1] 7 North, Range 21 West, Hennepin County, Minnesota. NOW, THEREFORE, BE IT RESOL YED the City Council of the City of Hopkins, Minnesota, hereby authorizes the use of the above-referenced City property and a trail casement on it for the construction of the Hutchinson Spur Regional Trail for non-motorized trail purposes as indicated in the plans for State Proj ect 163 -090-0 1. Adopted by the City Council ofthe City of Hopkins this 6th day of March, 2000. BY Eugene 1. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk .