IV.5. Approval of First Amendment to Temporary Easement Agreement between the City of Hopkins and the Metropolitan Council; Elverum
CITY OF HOPKINS
City Council Report 2023-051
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: Kersten Elverum, Director of Planning & Development
Date: May 16, 2023
Subject: Temporary Construction Easement Amendment
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO approve First Amendment to Temporary Easement Agreement between
the City of Hopkins and the Metropolitan Council.
OVERVIEW
The City of Hopkins granted the Metropolitan Council a temporary construction
easement to facilitate construction of the Green Line Extension Project on December 6,
2018. The easement involves several properties. The majority of the construction
activity will be completed by the dates identified in the agreement with the exception of
a new traffic signal at Excelsior Boulevard and 17th Avenue South. The Metropolitan
Council has requested an amendment to the TCE for Parcel P4000, the Public Works
property, that will extend the term to December 31, 2024.
Public Works Director, Chuck Autio, and the City Attorney have both reviewed and
approve the proposed amendment.
SUPPORTING INFORMATION
• First Amendment To Temporary Easement Agreement Parcels P4000, P5000,
P5001, and P5002
• Map of Parcel P4000 and Easement Boundaries
Planning & Development
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PARCELS P4000, P5000, P5001, AND P5002
FIRST AMENDMENT TO
TEMPORARY EASEMENT AGREEMENT
THIS FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT (“Amendment”) is made and entered into this _______ day of _______________, 2023, 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”). The Amendment sometimes refers to Grantor and Grantee individually as a “Party” and collectively as the “Parties.”
WITNESSETH: WHEREAS, Grantor owns the real property legally described on the attached Exhibit A (the “Property”). WHEREAS, Grantor and Grantee entered into a Temporary Easement Agreement, dated December 6, 2018 (“Temporary Easement Agreement”). WHEREAS, Grantee has extended the term of the Temporary Easement Agreement for Parcels P5000, P5001, and P5002 utilizing the option term set forth in Section 3 of the Temporary Easement Agreement. WHEREAS, Grantee requires a term extension for Parcel P4000 that is longer than that contemplated by the option term in Section 3 of the Temporary Easement Agreement. WHEREAS, the parties agree to extend the term of the Temporary Easement Agreement for Parcel P4000 through this Amendment to accommodate the construction schedule for the Council’s Green Line Extension Project (“Project”).
NOW THEREFORE, in consideration for the mutual promises made herein, the parties agree as follows:
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1. Amendment to Section 2 of Temporary Easement Agreement. Section 2 of the Temporary Easement Agreement is hereby deleted in its entirety and replaced with the following new Section 2 as follows: 2. Term of Temporary Easement. With respect to Parcels P5000, P5001, and P5002, this Temporary Construction Easement defined above shall commence on August 31, 2018 or the date signed whichever is later and expire on December 2, 2023. With respect to Parcel P4000, this Temporary Construction Easement defined above shall commence on August 31, 2018 or the date signed whichever is later and expire on December 31, 2024. 2. Counterparts. This Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and the counterparts together shall constitute one and the same Amendment. A copy, facsimile copy or electronic copy of this Amendment, including its signature pages, will be binding and deemed to be an original.
3. The Temporary Easement Agreement remains in full force and effect is not modified except as expressly provided herein.
IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day
and year first above written.
[The remainder of this page is intentionally left blank.]
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CITY OF HOPKINS
SIGNATURE PAGE
GRANTOR:
City of Hopkins
By: __________________________
Patrick Hanlon
Mayor
Date:_________________________
By: __________________________
Michael Mornson
City Manager
Date:_________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of __________, 2023, by
Patrick Hanlon and Michael Mornson, the Mayor and City Manager, respectively, of City of
Hopkins, a Minnesota municipal corporation.
___________________________________
Notary Public
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METROPOLITAN COUNCIL
SIGNATURE PAGE
GRANTEE:
Metropolitan Council
By: __________________________
Mary Bogie
Regional Administrator
Date:_________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this _____ day of __________, 2023, by
Mary Bogie, the Regional Administrator of the Metropolitan Council, a public corporation and
political subdivision under the law of the State of Minnesota.
___________________________________
Notary Public
This instrument drafted by:·
Office of the General Counsel
Metropolitan Council
390 North Robert Street
Saint Paul, MN 55101
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EXHIBIT A
[See attached.]