IV.6. Approval of a Cross Easement Related to Cottageville Park with the Minnehaha Creek Watershed District; Imihy Bean
CITY OF HOPKINS
City Council Report 2023-107
To: Honorable Mayor and Council Members
Mike Mornson, City Manager
From: PeggySue Imihy Bean, AICP, Special Projects and Initiatives Manager
Date: October 03, 2023
Subject: Approval of a Cross Easement Related to Cottageville Park with the
Minnehaha Creek Watershed District
_____________________________________________________________________
RECOMMENDED ACTION
MOTION TO Enter into a Cross Easement Related to Cottageville Park with the
Minnehaha Creek Watershed District
OVERVIEW
As part of the development process related to the project at 325 Blake Road and
concurrent park improvements for Cottageville Park, the City seeks to enter into an
easement agreement with the Minnehaha Creek Watershed District (MCWD) which
grants each party the right to perform maintenance obligations on the other’s property .
This allows for the terms within the maintenance agreement, approved by both parties
earlier this summer, to occur.
The MCWD brought this agreement forward to their board for approval on September 27,
2023.
SUPPORTING INFORMATION
• Agreement for a Cross Easement between the City of Hopkins and the Minnehaha
Creek Watershed District
Administration
1
EASEMENT
On the Property of the Minnehaha Creek Watershed District
and the City of Hopkins
Hennepin County, Minnesota
Legal description of Burdened Parcels:
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 (“District”), and the City of Hopkins,
a home rule charter city of the State of Minnesota (“City”) (together, the
“Parties”).
RECITALS
A. District owns in fee those Burdened Parcels designated in Attachment A as
Parcels A, B and C (“District Parcels”). City owns in fee that Burdened Parcel
designated in Attachment A as Parcel D (“City Parcel”). The Parties have partnered
to design, construct and maintain public park improvements on the four Burdened
Parcels (the “Improvements”). The four Burdened Parcels are contiguous or
proximate to what is presently designated as Cottageville Park. The Improvements
are intended to expand the park on either side of Minnehaha Creek, which bounds
the park to the south.
B. Pursuant to the Project Agreement for Cottageville Park Improvement and
Maintenance dated May 25, 2023 (“Project Agreement”), the Parties have
allocated between each other rights and obligations to construct, inspect,
maintain and replace the Improvements. The purpose of this Easement is to afford
each Party the right to enter the real property of the other Party in order to
exercise its rights and fulfill its obligations under the Project Agreement, as it may
be amended from time to time.
C. Accordingly, intending to be legally bound, the Parties enter into this
Easement.
TERMS
1. District may enter the City Parcel as follows:
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a. On foot, by motorized vehicle and with motorized equipment, to
operate and stage equipment, stockpile materials, remove brush and
trees, and engage in other acts as necessary or convenient to construct the
Improvements on the City Parcel and adjacent District Parcels.
b. On foot and with motorized equipment, to establish native vegetation,
and to inspect and manage vegetation, within the delineated “Vegetation
Area” on Attachment B, attached hereto and incorporated herein.
c. On foot and with motorized equipment, to replace public signage and
informational displays.
2. City may enter the District Parcels as follows:
a. On foot, with motorized equipment, and with self-propelled mowing
equipment for ordinary purposes of grounds maintenance, sanitation,
hazard inspection and public safety.
b. On foot and with motorized equipment, to inspect and maintain public
signage and informational displays.
c. On foot, by motorized vehicle and with motorized equipment, to replace
the Improvements.
3. Before a Party enters the property of the other Party by motorized vehicle, and
before any activity that will disturb the soil surface, the Parties will consult
promptly and the entering Party will conform to reasonable terms stipulated by
the other Party for equipment operation and site soil and vegetative restoration.
Notwithstanding the foregoing, consultation is not required for City entry with
mowing equipment under paragraph 2.a, above, provided the City does not enter
the Vegetation Area as delineated on Attachment B.
4. When exercising a right of entry under this Easement, a Party will be responsible
for site protection and public safety associated with its activity. The Party will avoid
damage to any tree or root system, native vegetation, improvements and signage,
except as the Parties agree, and will avoid actions that foster erosion of the creek
bank. The Party will remove its 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.
5. In consultation under paragraph 3 or 4 above, the City Engineer and the District
Administrator are authorized to represent the City and the District, respectively.
HP145\101\886197.v3 3
6. In exercising its easement rights, a Party acts on its own behalf and not in any
respect as agent or representative of the other Party. Each Party remains solely
responsible to maintain liability and other insurance as it deems appropriate for
its actions on and authority, if any, over the property of the other Party.
7. A Party may not assign this Easement or any right hereunder, but may exercise
its easement rights through its own employees, contractors and volunteers.
8. 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 and successors, and all others who exercise any right
by or through them. Each Party, at its cost, may file and refile this Easement in
the Hennepin County land records.
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MINNEHAHA CREEK WATERSHED DISTRICT
__________________________________ 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
HP145\101\886197.v3 5
CITY of HOPKINS
_________________________________ 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
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.
250 South Marquette Avenue, Suite 250
Minneapolis MN 55401
HP145\101\886197.v3 6
ATTACHMENT A
Parcel A (PID 19 117 21 11 0079)
That part of Lot 70, Auditor’s Subdivision No. 239, Hennepin County, Minnesota,
lying Southwesterly of Minnehaha Creek, except that portion conveyed to
Hennepin County for highway purposes.
Parcel B (PID 19 117 21 11 0105)
Lot 17, Auditor’s Subdivision No. 363.
Parcel C (PID 19 117 21 11 0106)
All that part of Lot 18, Auditor’s Subdivision No. 363, Hennepin County,
Minnesota, described as follows: Beginning at the Northeast corner of said Lot
18; thence Southwesterly along the Northwesterly line of said Lot 18, a distance
of 55.40 feet; thence South, parallel with the East line of said Lot 18; to the
South line of said Lot 18; thence Southeasterly along said Southerly line of said
Lot 18 to the Southeasterly corner of said Lot 18; thence North along the East
line of said Lot 18 to the point of beginning.
Parcel D (PID 19-117-21-11-0107)
That part of lot 18 lying west of a line running south parallel with the east line of
said lot from a point in the northerly line thereof distant 55.4 feet southwesterly
from the northeast corner of said lot, Auditors Subdivision No. 363.
Approximate edge of creek
Approximate edge of creekBlake Road NLake Street NE
Minnehaha
C
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e
e
k
COTTAGEVILLE PARK
VEGETATION AREAS
¯
0 10050
Feet
Legend
Parcel Boudary
Vegetation Area
ATTACHMENT B