HomeMy WebLinkAbout2011-05-04 PACKET 00 (6:00 WORKSHOP B)REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITE
DATE 514/2011 C** 6 �
PREPARED BY Administration Ryan Schroeder
ORIGINATING DEPARTMENT DEPARTMENT HEAD
COUNCIL ACTION REQUEST
Workshop: County Land Swap /Cost Share Agreement.
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Ryan Schroeder.
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
City Administrator Date
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Document2
City of
Cotta Grove
Minnesota
To: Honorable Mayor and City Council Members
From: Ryan R. Schroeder, City Administrator
Date: April 27, 2011
Subject: County Land Swap /Cost Share Agreements
On April 26, 2011 the Washington County Board held a workshop to discuss two proposed
agreements between the County and the City of Cottage Grove. The first is a land swap
(agreement for the use and replacement of land in the cottage Grove Ravine Regional Park)
and the second is a cost share (agreement for land, street, and utility improvements to serve
the Cottage Grove Public Safety /City Hall Facility). These are enclosed for your review and
workshop discussion.
Land Swap Agreement
The City of Cottage Grove and Washington County entered an initial Land Swap agreement
(Washington County Cottage Grove Ravine Regional Park Land Transfer and Replacement
Agreement with City of Cottage Grove) in January 2005. That agreement and the subsequent
Metropolitan Council ratification of the agreement is enclosed. The new Land Swap
agreement is intended to provide for the actual transfer of property contemplated within the
2005 agreement.
The 2011 proposed agreement is short and straight forward. The significant change within this
agreement is that for 2011 the parties have the benefit of an actual site plan for the PSCH
project which allows the parties to lock in on specific land parcel utilization. That circumstance
was not available in 2005. As a result, this agreement allows for the use of, and the mitigation
of, 11.64 acres for City use. The use of land contemplated within the 2011 agreement is as
follows:
Road Right of Way: 179,434 SF or 4.12 acres
Storm ponding: 30,736 SF or 0.71 acres
PSCH site: 297,240 SF or 6.82 acres
Subtotal: 507,410 SF or 11.64 acres
This agreement does not specifically address future development parcels which are:
Library /CC: 392,811 SF or 9.02 acres
Utility easement 71,401 SF or 1.64 acres
Storm piping 8,340 SF or 0.19 acres
Subtotal: 472,552 SF or 10.85 acres
Use of these future parcels would necessitate a similar agreement to that which is presented
herein.
This agreement allows the County to maintain reversionary rights to the land until such time as
the City mitigates the use of the land by an acre for acre deed of land back to the County. It
has been contemplated that mitigation would occur through land dedicated to the City through
development park dedication. An alternative to that approach has been presented by the
County. That approach would be, in essence to acquire land from the County (or other private
party) to then deed back to the County. The County is currently pursuing acquisition of land
that could be used for that land transfer model. If such a model is utilized the City would have
a short window of opportunity to exercise such an option after closing on any land parcel by
the County. This agreement allows for use of that model but does not dictate it. The City has
until December 31, 2015 to mitigate for use of the 11.64 acres.
Cost Share Agreement
Both the County and the City are pursuing infrastructure construction in the area of the PSCH.
This second agreement addresses "due to" and due from" relative to that infrastructure.
Essentially, the City is responsible to construct the Ravine Parkway and 85 Street. The
County will contribute up to $532,691.25 toward the ravine bridge project which is 50% of the
project cost. The County will improve Keats Avenue to include turn lanes. The City share of
the turn lanes is $170,625 (50 %). There is savings to the City in contract administration,
inspection and testing in having the County construct the turn lane improvement. There is also
a benefit to the County in having the turn lanes incorporated into the larger project on CSAH
19's overall construction and ride quality.
The City will allow the County Park users to use the PSCH parking area as a trail head for the
regional park. That project does not increase construction costs for the City and it allows the
County to avoid $30,712.50 in project costs for a trail head which had been proposed on the
east side of the Parkway. The agreement also allows the City to conduct mass site grading on
the current and future development parcels. Our construction budget for the PSCH had
included $400,000 for hauling excess fill from the site. This agreement allows the City to avoid
that cost; however, we do pick up additional grading and restoration costs. In the end we
expect significant savings in the balance.
Minor provisions of this agreement relate to maintenance effort for storm water and roadway.
Currently, the County is responsible for right of way maintenance until such time as the City
constructs this next leg of the Parkway. That obligation will now sunset. The agreement also
addresses that the City is responsible for storm ponding maintenance that relate to roadway
infrastructure as a normal obligation of the City.
This is a workshop item. The County Board, including our Commissioner, signaled satisfaction
with these agreements. If Council is also comfortable with proceeding we would intend to
place an agenda item on the May 18, 2011 agenda.
AGREEMENT FOR THE USE AND REPLACEMENT OF LAND IN THE COTTAGE GROVE
RAVINE REGIONAL PARK
WASHINGTON COUNTY AND THE CITY OF COTTAGE GROVE
This Agreement is entered into by and between Washington County, hereinafter referred to as
"County" and the City of Cottage Grove, hereinafter referred to as "City ", both parties being
governmental and political subdivisions of the State of Minnesota.
WITNESSETH:
WHEREAS, the City and County desire to construct in the future public facilities in close
proximity; and
WHEREAS, the City has identified as suitable for the placement of such public facilities land
which is currently a part of the northwest corner of the Cottage Grove Ravine Park; and
WHEREAS, the Metropolitan Council has previously approved the use of park land in the
Cottage Grove Regional Park for City and /or County Facility use; and
WHEREAS, as a condition of its approval, the Metropolitan Council requires a formal
Agreement between the County and City setting forth building parameters and timeline for land
replacement; and
WHEREAS, as a condition of its approval, the Metropolitan Council requires that converted
park land be replaced on an acre for acre basis by land adjacent to the park pursuant to a strict
timeframe.
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The County shall convey to the City a fee simple conditional interest to approximately
11.64 acres of land (hereinafter referred to as Transferred Land) located in the Cottage
Grove Ravine Regional Park. The Transferred Land is more specifically identified in
Exhibit A which is attached hereto and incorporated herein.
a. As a condition precedent to the transfer, the City shall covenant that it will use
the Transferred Land strictly for public institutional purposes including but not
limited to a public safety facility, city hall; city streets; trails; public parking or
utilities.
b. The County shall hold the reversionary interest in the Transferred Land until the
condition subsequent set forth in paragraphs 2 and 4 of this Agreement is
accomplished.
2. In consideration of and as a condition subsequent to the conveyance of the Transferred
Land as set forth in paragraph 1 of this Agreement, the City shall convey to the County in
fee simple absolute on an acre for acre basis suitable park land; from lands identified in the
Cottage Grove Ravine Regional Park Master Plan for addition to the park (hereinafter
referred to as the Replacement Land).
a. The determination of the suitability of the Replacement Land shall be at the
sole discretion of the County.
Agreement between Washington County and the City of Cottage Grove
Land Exchange — Cottage Grove Ravine Regional Park
Page 12
3. The City may acquire the Replacement Lands through direct purchase, eminent domain or
park dedication.
a. The City shall be solely responsible for all costs and fees attendant to obtaining and
transferring the Replacement Lands.
4. As a condition subsequent of this Agreement, the City shall convey all Replacement Lands
to the County by December 31, 2015
a. Upon conveyance by the City to the County of all the Replacement Land, the
County shall convey to the City by quit claim deed all the County's remaining
right, title and interest in the Transferred Land including its reversionary interest
except the covenants set forth in paragraph 1.a. of this Agreement shall survive
this conveyance and remain in full force and effect upon the Transferred Land.
5. The recitals set forth in the whereas clauses above are incorporated by reference as if fully
set forth herein.
6. This Agreement supersedes the Land Transfer and Replacement Agreement between
Washington County and the City of Cottage Grove, Contract #3029 dated January 18,
2005.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
these respective duly authorized representatives.
WASHINGTON COUNTY
Gary Kriesel, Chair Date
Washington County Board of Commissioners
Jim Schug
County Administrator
Approved as to form:
CITY OF COTTAGE GROVE
Myron Bailey, Mayor Date
City of Cottage Grove
Date Ryan Schroeder
Date City Administrator
Date
County Attorney Date
.
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2005
AGREEMENT
WASHINGTON
Washington County Dept. N f' s t�eu
gio MtN� P ON Land Transfer and Replacement Ag ee q�lm (�`� J
Pp 0 With
City of Cottage Grove
THIS AGREEMENT, by and between the City of Cottage Grove, a municipal corporation,
hereinafter referred to as the "City" and Washington County, a political subdivision of the State of
Minnesota, hereinafter referred to as the "County ".
WITNESSETH:
WHEREAS, the City and County desire to build future City and County facilities in close
proximity to each other; and
WHEREAS, the City's concept land use plan (Exhibit A) for the East Ravine area has iden-
tified approximately 40 acres of land that is currently part of the northwest corner of the Cottage
Grove Ravine Regional Park as a location for public service facilities; and
WHEREAS, both the City and the County have analyzed and prepared preliminary site
investigations and designs for this approximately forty (40) acre site (Exhibit B), and;
WHEREAS, this property, most of which is now in agricultural use, is well suited for a
County south service center, a main north entrance to the Cottage Grove Ravine Regional Park,
City offices, community center, and related uses; and
WHEREAS, the City has done a feasibility study which analyzed the need for utilities and
streets to serve this property, and found the location feasible; and
WHEREAS, the County wishes to request the Metropolitan Council to allow the County to
take this 40 acres out of the Regional Park and put it to use as a location for City and County
Public services facilities; and
WHEREAS, the Metropolitan Council must review and approve any plan that places City
and County public institutional facilities on Regional Park land; and
WHEREAS, the Metropolitan Council requires a formal agreement between the County and
City setting forth the parameters and timeframe for park land replacement; and
WHEREAS, a condition of Metropolitan Council approval will include a requirement that
converted park lands be replaced acre for acre by adjacent land over a set time period; and
WHEREAS, the City and County have a common interest in preserving additional land that
will protect and preserve the drainage alignment from Cottage Grove Ravine Regional Park to 80th
Street; and
WHEREAS, the plans and conditions for park land replacement must be set forth in an
agreement between the County and the City and forwarded to the Metropolitan Council.
Washington County Land Transfer /Replacement Agreement with Cottage Grove
Page 2 of 2
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Washington County and the City of Cottage Grove will work jointly to replace acre for
acre the land removed from Cottage Grove Ravine Regional Park, which the City and
County propose to use to build their public service facilities. The timeframe for
replacement will be January 1, 2006 to December 31, 2015. The replacement land shall
be adjacent to the Cottage Grove Ravine Park and have natural characteristics similar to
the park.
2. Acquisition of the replacement lands will be by direct purchase, eminent domain, or park
dedication.
a. If direct purchase or eminent domain is used to acquire the land, the County and the
City will pay a pro -rata share of the acquisition costs based on percentage of the
parkland acres used for the respective public institutional facilities.
b. if the land is obtained by the City through a land dedication to satisfy park dedication
requirements for the subdivision of adjacent property, the County will reimburse the
City for the loss of park dedication fees which would be paid to the City's Park Trust
Fund if a land dedication were not accepted. The amount of this reimbursement will
be based on a pro -rata share, based on the percentage of parkland areas used by
the County, of the fees which would be collected at the time of the land dedication.
3. As a condition subsequent to this Agreement, an agreement which defines the terms
and conditions of the planned County and City development of the parkland will be
executed upon approval of the Metropolitan Council allowing for the conversion of
Cottage Grove Ravine Regional Park to public institutional use. This agreement shall
include specific terms including but not limited to ownership, financing, utilities, site
development, architectural standards, and financing.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective duly authorized representatives.
WASHINGTON COUNTY CITY OF COTTAGE GROVE
C_ _ 2: 11716,5
Myra s e�son Sa dy Shoely Date
Chair ounty Board Mayor
_ 1 >x as
Ja es R. S bate Schroeder Date
County Administrator City Administrator
Appro d as to form: )�
1 Count Attof ney Date
Revised 1119/04
LAND EXCHANGE AGREEMENT
BETWEEN THE METROPOLITAN COUNCIL
AND WASHINGTON COUNTY
THIS LAND EXCHANGE AGREEMENT is made and entered into by and between the
Metropolitan Council ( "the Council ") and Washington County ( "the County ").
RECITALS:
Washington County desires to amend the terms of the Metropolitan Council's approval of
a land exchange for the Cottage Grove Ravine Regional Park so that the "replacement"
property may include all of the inholding properties, parcels 1-13.
On December 12, 2007 the Council approved the Cottage Grove Ravine Regional Park
Master Plan, which expanded the park boundary to include inholding Parcels 1 -10 and
approved amending the land exchange approval to make all inholding parcels eligible to
be used for land exchange replacement property.
The Council is willing to amend the terms of the land exchange subject to the terms of
this Agreement.
NOW THEREFORE, the COUNCIL and the COUNTY agree as follows:
1. BACKGROUND
In May 2004, the County submitted a proposal to remove 38.5 acres of land in the
northwest portion of Cottage Grove Ravine Regional Park for use as a joint public service center
for the County and the City of Cottage Grove. In December 2004, the Council approved the land
exchange subject to the County replacing the property on an equal amount of land northeast of
the existing park boundary. The land was to be replaced on an acre per acre basis, and the
replacement land would be adjacent to the park and have natural characteristics similar to the
park. The timeframe for the replacement was January 1, 2006 to December 31, 2015.
Exhibit A shows the land exchange parcels. The properties labeled "A" and "B" depict
the 38.5 acres of land to be removed from the park for County /City service center use. The
property outlined in yellow depicts the 38.5 acres to be acquired and added to the park for the
required land exchange. The 38.5 acres subject to removal from the park boundary was
purchased with a Council grant (SG- 82 -97) in 1988. The grant required the County to place a
restrictive covenant on the land, which stipulated that the property would not be used for any
purpose except regional recreation open space for public use, unless written approval of the
Council was filed and recorded.
VALIBRAMPARKS \.TempTand Exchange Agreement- Cottage Grove Ravine.DOC
In September 2005, the Council released the restrictive covenant on 17.7 acres of land
(Parcel A) for development of the County Service Center, which is now open to the public. The
acreage for the City facility (Parcel B) is still undeveloped and within the boundary of the park.
The County has updated its master plan for Cottage Grove Ravine Regional Park. The
master plan update proposes to expand the boundary at the northern and eastern edge of the park.
See Exhibit B. (Parcels 1 -10). Previous master plans identified three inholding parcels for
acquisition, located at the southern boundary of the park (Parcels 11, 12 and 13). The County
anticipates acquiring only a portion of Parcels 1 -9 and 13; Parcels 10 -12 are slated for full
acquisition. The master plan update proposes to add approximately 100 acres to the park
(Parcels 1 -13).
"The County desires to amend the land exchange approval to permit the land exchange
"replacement" property to include all of the inholding properties — Parcels 1 -13. Current the
approved land exchange replacement property is limited to portions of Parcels 1, 2 and 7, shown
in Exhibit B.
2. AGREEMENT
The Council authorizes the land exchange replacement property to include all of the
inholdings properties, Parcels 1 -13, subject to the County filing a restrictive covenant against the
property used as replacement property. The County and the Council agree that each will
execute, and the County agrees that it will cause to be recorded at its own expense within one (1)
year of execution, an agreement and restrictive covenant, substantially in the form attached to
this agreement as Exhibit C, for each parcel acquired and for each parcel in which an interest is
acquired in whole or in part. The County agrees to subsequently send a photocopy of the
recorded restrictive covenant to the Council's Parks staff. It is the purpose of such agreement
and restrictive covenant to limit the right of the County to convey or encumber land or interests
in land acquired without the consent of the Council and to ensure that the lands and interests in
the lands be devoted exclusively to the purposes for which they were acquired, i.e., regional
recreation open space for public use. It is also the purpose of this agreement and restrictive
covenant to lower the cost of regional services by allowing the Council, with the County's input,
to place regional sewer interceptor facilities on the property if the need arises.
The replacement must be on an acme per acre basis. The Council agrees that the County
may acquire Parcel 10 and use that parcel as replacement for 15.8 acres. Since 17.7 acres has
been removed from the park, the County proposes to replace the remaining 1.9 acres through the
acquisition of next inholding parcel to become available. All replacement property must be
acquired by December 31, 2015.
No more than 20.8 acres of land within the regional park may be converted in the future
for the City facility. The replacement of this land must be on an acre per acre basis, and all
replacement property must be acquired by December 31, 2015.
The County agrees to develop, operate, and maintain the Park in a manner consistent with
the Regional Park Policy Plan and the unit's Approved Master Plan, including allowing use of
the Park by all persons in the region. The County further agrees that it will not adopt any rules
VrU I13RARYIPARKS1.TempTand Exchange Agreement- Cottage Grove Ravine DOC
or restrictions hindering or affecting regional use of the Park without the express written consent
of the Council.
IN WI'T'NESS WHEREOF, the parties have caused this agreement to be executed by
their duly authorized representatives. The agreement is effective upon final execution by both
parties.
Approved as to form
Office of General Counsel
METROPOLITAN COUNCIL
Re�:6na Administrator
Date / €
WASHINGTON COUNTY
By
Its: Board Chair
Date —JS_ p
By
Its: coaty Administra
Date
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VALMRARYTARKSV9 empVLand Exchange Agreement- Cottage Grove Ravine.DOC:
V UBRARYVPARKSVI'emp\I,,md Exchange Agreement - Cottage Grove Ravine.DOC
Exhibit A: Location snap of Cottage Grove Ravine Regional Park land exchange
Exhibit B: Park Boundary and Inholding Parcels
Proposed City - �
Facility j j i p ✓
igg
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63
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v L? L li Approved
f z (I replacement'
, land— portions
? I of Parcels 1, 2 &
90TH S s Y i - -, -.- 7 (approx. 38.5
acres)
County Service -`
Center
i
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V:AL T13RARY\PARKSA.7empTand Exchange Agreement- Cottage Grove Rawne.DOC
EXHIBIT C
Agreement and Restrictive Covenant
THIS AGREEMENT AND RESTRICTIVE COVENANT is made and entered into this
day 20, by and between _ a Minnesota
(political subdivision, municipal corporation, or county), and the Metropolitan Council, a political
subdivision of the State of Minnesota.
RECITALS
I has acquired (describe here nature of interest) in the following
described real property, to -wit:
hereinafter referred to as the "Property."
2. The Metropolitan Council has contributed funds toward the acquisition of the Property pursuant
to its grant program and a grant agreement as authorized by Chapter 563, Laws of Minnesota,
1974.
3. The grant program was established pursuant to the law to provide for the acquisition,
preservation, protection, development, and betterment of regional recreational open space for
public use.
NOW, THEREFORE, in consideration of the grant made by the Metropolitan Council to the
and in consideration of the mutual agreements and covenants contained in
this agreement, the parties agree as follows:
No sale, lease, mortgage, or other conveyance, nor the creation of any easement, restriction, or
other encumbrance against the Property shall be valid for any purpose unless the written approval
of the Metropolitan Council or its successors is duly tiled and recorded at the time of the filing
and recording of the instrument to which such approval pertains, nor shall the Property be used
for any purpose except regional recreational open space purposes as those purposes are from time
to time defined by the Metropolitan Council or its successors, unless the Metropolitan Council or
its successors shall consent to the other use or uses by written instrument duly filed and recorded
and designating the nature, extent, and duration of the use for which such consent is given.
2. As a condition to this Grant, and provided that conveyance of such easement or
easements is consistent with the Approved Master Plan, the Grantee agrees to convey to
the Council, its successors or assigns, a permanent easement or easements, hereinafter
referred to as "Wastewater Facilities Easement[s]" for future regional wastewater
conveyance corridors on the Property. Upon written request by and at no cost to the
Council, Grantee will execute and deliver to the Council the Wastewater Facilities
Easement[s] substantially in the form of the Easement attached hereto and incorporated
herein as Exhibit for the location or locations described by the Council in its
written request to Grantee. The Council may exercise this contractual right to the
Wastewater Facilities Easement[s] on one or more occasions.
V TIBRARYTARKSI TemplLand Exchange Agreement - Cottage Grove Ravine. DOC
The Council agrees to work cooperatively with Grantee to locate the Wastewater
Facilities Easement[s] and the regional wastewater conveyance facilities on the Property
in a manner which minimizes the impact on existing and planned park system facilities
on the Property and natural resources. As further consideration for the conveyance of the
Wastewater Facilities Easement[s], the Council agrees to waive the Sewer Availability
Charge for the Property.
As afurther condition for this Grant, the Council may, at any time after execution of this
Grant, provide to Grantee written notification of the proposed location of a future
regional wastewater conveyance corridor on the Property. Grantee agrees not to place or
allow to be placed any restrictions, conditions, or encumbrances on the Property within
the proposed future regional wastewater conveyance corridor without the written consent
of the Council
This Agreement and Restrictive Covenant may be enforced by the Metropolitan Council or its
successors or by any citizen residing within the metropolitan area, as then defined, by appropriate action
in the courts of the State of Minnesota.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed in their
respective names all as of the date first above written.
METROPOLITAN COUNCIL
STATE OF MINNESOTA }
} ss
COUNTY OF }
By
Its: Regional Administrator
The above instrument was acknowledged before me this __ day of . 2005,
by the Regional Administrator of the Metropolitan Council, a public
corporation and political subdivision of the State of Minnesota on behalf of the subdivision.
Notary Public
[INSERT NAME]
By
STATE OF MINNESOTA }
} ss
COUNTY OF }
V:ALInRARYTARKSVI mpTand Exchange Agreement- Cottage Grove Ravmc.DOC
The above instrument was acknowledged before me this day of , 2005, by
the of the
of the State of Minnesota on behalf of said
Notary Public
DRAFTED BY:
Peter A. Hanf
Associate General Counsel
Metropolitan Council
230 East Fifth Street
St. Paul, MN 55101
(651) 602 -1749
V aLIBRARYVPARKSI.'rempVLand Hxchange Agreement - Cottage Grove RavineDOC
EXHIBIT
EASEMENT
THIS INSTRUMENT, MADE THIS _day of 2005, by and between
of the County of , State of Minnesota, Grantor(s), and the
Metropolitan Council, a public corporation and political subdivision of the state (successor to the
Metropolitan Waste Control Commission), Grantee;
WITNESSETH, that Grantor(s), in consideration of One Dollar and other good and valuable
consideration to _ in hand paid by Grantee, the receipt of which is hereby acknowledged, does hereby
grant, bargain, sell, and convey to Grantee,, its successors and assigns, the following described easement
for sanitary sewer and utility purposes:
[Insert]
Said temporary easement to expire on or before
The above described easement includes the rights of grantee, its contractors, agents and
employees to do whatever is necessary for enjoyment of the rights granted herein including the right to
enter the easement for purposes of constructing, operating, maintaining, altering, repairing, replacing,
and /or removing said sewers and utilities.
Grantor(s), heirs, successors and assigns, will not erect, construct, or create any
building, improvement, obstruction or structure of any kind, either above or below the surface, or
stockpile soils, construction debris, or construction equipment or change the grade thereof, without the
express written permission of the Grantee.
Notwithstanding the aforementioned provision, the following improvements by Grantor(s),
heirs, successors, and assigns do not require Grantee's written approval: fences, parking lots, street and/or
roadways, landscaping, bushes, shrubs. However, Grantor(s) hereby agree(s) that Grantee will not be
V ALIBRARYIPARKS \.TempTand Exchange Agreement - Cottage Grove Ravine.DOC
responsible for and will not pay for the loss of or any damage to, or replace or restore the following items
within the easement area: fences, trees, shrubs, bushes or other plantings, other than grass or sod.
Grantor(s) covenant(s) that is /are the Owner(s) and is /are in possession of the above
described premises and has /have lawful right and authority to convey and grant the easement described
herein.
IN WITNESS WHEREOF, the said Grantor(s) has /have caused this Easement to be executed as
of the date noted above.
By
Its
By
Its
STATE OF }
COUNTY OF }
On the _ day of _
County, personally appeared _
instrument was signed on behalf of said
by authority of its Board and _
free act and deed of said
DRAFTED BY:
Peter A. Hanf
Metropolitan Council
230 East Fifth Street
St. Paul, MN 55101
651) 602 -1749
2005, before me a notary public within and for said
_, named in the foregoing instrument, and that said
acknowledged said instrument to be the
Notary Public
V:UBRARI\PARKSI: rennpALand Exchange Agreement -Cottage Grove Ravine.DOC 10
EXHIBIT "A"
(Legal Description)
All that part of the East 313.66 feet of the Southeast Quarter of the Southeast Quarter of Section 25,
Township 27 North, Range 22 West of the 4" Principal Meridian, Washington County, Minnesota,
lying North of the South 66.00 feet thereof, and lying Southerly and Westerly of the following
described Line "A ":
Commencing at the Northeast corner of said Southeast Quarter of the Southeast Quarter of Section
25; thence South 00 degrees 18 minutes 39 seconds East, along the East line of said Southeast
Quarter of the Southeast Quarter of Section 25, a distance of 622.10 feet, to the point of beginning
of Line "A "; thence South 89 degrees 41 minutes 21 seconds West a distance of 213.66 feet; thence
North 1l degrees 02 minutes 23 seconds West a distance of 117.62 feet; thence North 17 degrees
54 minutes 54 seconds East a distance of 70.01 feet; thenceNortb 00 degrees 18 minutes 39 seconds
West, parallel with said Fast line of the Southeast Quarter of the Southeast Quarter of Section 25,
a distance of 442.49 feet to the North line o.f said Southeast Quarter of the Southeast Quarter of
Section 25, and said Line "A" there terminating.
All that part of the West 165,00 feet of the Southwest Quarter of the Southwest Quarter of Section
30, Township 27 North, Range 21 West, of the 4' "' Principal Meridian, Washington County,
Minnesota, lying North of the South 66.00 feet thereof, and Southerly of the following described
Line "B ":
Commencing at the Northwest Corner of said Southwest Quarter of the Southwest Quarter of Section
30; thence North 89 degrees 34 minutes 26 seconds East, along the North line of said Southwest
Quarter of the Southwest Quarter of Section 30, a distance of 332.00 feet; thence South 21 degrees
16 minutes 56 seconds West a distance of 385.84 feet; thence South 00 degrees 18 minutes 39
seconds East, parallel with the West linc of said Southwest Quarter of the Southwest Quarter of
Section 30, a distance of 304.00 feet; thence South 89 degrees 41 minutes 21 seconds West a
distance of 25.00 feet, to the East line of said West 165.00 feet of the Southwest Quarter of the
Southwest Quarter of Section 30, and the point of beginning of Line "B'; thence North 76 degrees
4 t minutes 09 seconds West a distance of 169.78 feet to the said West line of the Southwest Quarter
of the Southwest Quarter of Section 30, and said Line "B" there terminating.
2011
Share
Agreement
t IJ A C. •,
LAND, STREET, AND UTILITY IMPROVEMENTS
TO SERVE THE
COTTAGE GROVE PUBLIC SAFETY /CITY HALL FACILITY
THIS AGREEMENT, between the City of Cottage Grove ( "City "), a municipal corporation and
Washington County ( "County "), a political subdivision of the State of Minnesota, is to allocate
costs for provision of land, and construction of roads and utilities to serve the Cottage Grove
Public Safety /City Hall facility.
WHEREAS; the City has plans to construct a Public Safety /City Hall facility on land presently
inside the boundary of the Cottage Grove Ravine Regional Park, and
WHEREAS; the County has constructed the Washington County Service Center — Cottage
Grove and maintains the Cottage Grove Ravine Regional Park trail systems south of the
proposed Public Safety /City Hall facility, and
WHEREAS; to meet public safety needs and customer access needs, infrastructure
improvements will be needed, including a bridge across the Cottage Grove Park Ravine, and
WHEREAS: the City has prepared for the aforementioned infrastructure improvements
engineering feasibility studies to provide needed roads and utilities which describe the
improvements and costs, and
WHEREAS; the County and City determine it is in their best interests and the interests of their
residents to work jointly in making the needed improvements, and
NOW, THEREFORE, THE COUNTY AND CITY MUTUALLY AGREE TO THE FOLLOWING:
1. City Land. City Land, when used in this Agreement, shall refer to the entire parcel of
park land to be used for the placement of only City facilities, including road right of way
and storm water management facilities.
2. Regional Park Parking and Trailhead. The City will provide parking in the Public
Safety /City Hall parking lot for visitors to the Cottage Grove Ravine Regional Park trail
system. The City will provide this parking at no cost to the County.
3. Utilities. The City will, at its sole cost and expense, be responsible for the installation of
all public utilities needed to serve the City Land.
4. Phase 2 Land. The County will allow the City to stockpile excess material from Phase 1
grading on Phase 2 land.
4.1 The City shall prepare a grading plan that shows work to be completed including
final contours and restoration of vegetal cover.
4.2 The County will approve final grading plans prior to any work commencing.
4.3 The City will be responsible for landscape maintenance of the on Phase 2 land.
Agreement between Washington County and the City of Cottage Grove
Cost Share Agreement
Page 12
5. Roads and Bridges.
5.1 The County shall be responsible for preparing the plans and specifications, and
providing the contract administration and construction inspection for all of the
following road and bridge improvements:
5.1.1 Intersection improvements to County State Aid Highway 19 (CSAH 19) or
Keats Avenue South at the intersection of 85 Street.
5.2 The City shall be responsible for preparing the plans and specifications, and
providing the contract administration and construction inspection for all of the
following road and bridge improvements:
5.2.1 Construction of 85` Street and associated drainage improvements.
5.2.2 Construction of a Ravine Crossing structure.
5.2.3 Bike trails from the City Land to existing Park trails.
5.2.4 Accommodations for Snowmobile users to cross 85 Street as they travel
along CSAH 19.
6. Cost Participation. The County will pay to the City an amount not to exceed $362,066.25
lump sum for road, bridge, and trail improvements, which payment shall be made within
6 months of billing from the City. The City agrees to submit an itemized bill to the
County after work is completed
Ravine Parkway Maintenance. At completion of Ravine Parkway, the City will be
responsible for all roadway maintenance including boulevard and median landscaping,
lighting, snowplowing, and bridge maintenance for Ravine Parkway from Keats Avenue
to 85 Street South.
7.1 Maintenance of trails not within the Ravine Parkway Right of Way and within the
County Service Center property or Cottage Grove Regional Park shall be the
responsibility of the County.
8. Stormwater Management Maintenance. The City will be responsible for maintenance of
all stormwater management infrastructures including, but not limited to, the maintenance
of all ponds required for the development of the City Land.
8.1 The City will assume maintenance of the three (3) stormwater retention ponds
located south of the County Service Center that service Ravine Parkway.
Agreement between Washington County and the City of Cottage Grove
Cost Share Agreement
Page 13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective duly authorized representatives.
WASHINGTON COUNTY
Gary Kriesel, Chair Date
Washington County Board of Commissioners
Jim Schug
County Administrator
Approved as to form:
CITY OF COTTAGE GROVE
Myron Bailey, Mayor
City of Cottage Grove
Date Ryan Schroeder
City Administrator
Date
Date
County Attorney Date
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