HomeMy WebLinkAboutCCRes_76-30CITY OF FALCON HEIGHTS
Pursuant to due call and notice thereof, a meeting of the Cit
. Council of the City of Falcon Heights, Minnesota, was held on the 21~th day
of July, 1976.
The following members were present: Acting Nlayor Black, Councilman
Ecklund and Steele, aad the following wer® absent: Mayor Waxkentien and Councilman
Labalestra.
Councilman Ecklund introduced the following Resolution and moved its
adoption:
RESOLUTION # 76-30
RESOLUTION TO EXECUTE AGREEMENT WITH THE REGENTS OF THE
UNIVERSITY OF MINNESOTA RELATING TO THE UNIVERSITY GROVE
ti'~iiE~,'REAS,The City of Falcon Heights and the Regents of the University
of Minnesota hav® been negotiating for some time concerning the dedication of
the streets and utilities in the area of Falcon Heights known as the University
Grove area: and
WHEREAS, the City and the Regents have consented to the terms of an
Agreement, a copy of which is attached hereto as Exhibit A:
NOW, THEREFORE, it is resolved that the City of Falcon Heights, through
• its appropriate officials, shall execute the attached Exhibit and the city
attorney shall establish a closing date at which time the appropriate deeds and
legal documents shall then be executed by the appropriate officials of the City
of Falcon Heights.
The motion for the adoption of the foregoing Resolution was duly
Seconded by Acting I-layor Black, and upon a vote being taken thereon, the
following voted in favor thereof: Acting Mayor Black, Councilmen Ecklund and
Steele and the following voted againist the same: none
Whereupon, the Resolution was declared duly passed and adopted.
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`~/ ~ .,
Jilliam H. B ack, Acting M,a,~ox+'-'-" '--
Attest:
swan B. Barnes, Clerk kdmini.strator
Regular seating of July 2l~, 1976
AGREEMENT
This Agreement, made this day of
1976, between the Regents of the University
of Minnesota, a Minnesota education corporation, hereinafter
referred to as the "Regents" and the City of Falcon Heights,
hereinafter referred to as the "City".
WHEREAS, the Regents own two parcels of property
with extensive improvements thereon located within the
- corporate limits of the City, known as Auditor's Subdivision
No. 71 and Auditor's Subdivision No. 90, Ramsey County,
Minnesota, commonly known as the University Grove area; and
• WHEREAS, the Regents,. upon filing of the two
subdivisions, retained ownership of the streets and hence
have maintained the streets, sewers and lighting fixtures
located within the street right-of-way; and
WHEREAS, the lots and improvements located. in these
two subdivisions are leased by the Regents to faculty members
at the University for renewable twenty (20) year terms; and
WHEREAS, pursuant to Minnesota law, the lessees
of these lots have paid taxes on their interests in the real
estate for governmental services, including local- governmental
services which have not been provided because the street base
was not dedicated to the public; and
•
WHEREAS, he residents of the University Grove
area and the University of Minnesota are desirous of having the
City extenc~t its full governmental services to the area, _
.including police and fire protection, street maintenance,
snow plowing, maintenance of the sewer trunk lines,. and other
customary governmental services; and
ti~1HEREA5, the Regents are desirous of dedicating the
streets within the University .Grove area and an access street
in order to accomplish this result; and
WHEREAS, .the City is willing to accept dedication
of the streets-after assuring itself that the streets are
in accordance with City standards and are in satisfactory
-,• repair; and
WHEREAS, the City. is willing to accept dedication
of the sewers after assuring itself that said sewers have
been televised, are in accordance with City standards and
are in satisfactory repair; and
WHEREAS, the Regents repaired and cleaned the
sanitary sewer system in the University Grove area at a cost
of $10,000, installed a storm sewer on Hoyt Avenue to Folwell
Street at a cost of $8,000, and provided alterations to the
sanitary, sewer hookups at the premises located at 2137
Folwell Street and 2143 Folwell street at a cost of $6,000 _
All of the foregoing was done in accordance with the engineerin
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report of September 12, 1974 by the American Consulting Services,
. Inc., addressed to the University of Minnesota, identified as
Job Number MN-74212-TV.
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NOW THEREFORE, in consideration of the covenants
and agreements herein contained, the parties. hereby agree
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as follows:
1. The Regents, by appropriate legal-instrument,
shall convey to the City, for consideration not to exceed
$1.00, the following parcels of property:
A. Lots A, B, C, D and E of Auditor's
Subdivision No. 90, Ramsey County,
Minnesota;
B_ Lots A, B, C, D, E, G, I, J and L of
- Auditor's Subdivision No. 71, Ramsey
County, Minnesota;
C. Coffman Street from Hoyt Avenue to
Larpenteur Avenue.
2. The Regents, by appropriate legal instrument, shall.
• convey to the Gity, for consideration not to exceed $1.00 all
of the trunk sewer lines and the University street lights. lying
within Auditor's Subdivisions Na. 71 and 90, Ramsey County,
Minnesota, which trunk lines lie under the above-described
lots . _
3. The Regents shall purchase the television tapes
of the sewer trunk lines for future use and reference by the
City.
4. -The City, by virtue of the dedication of the
above property, shall provide all the usual and customary
municipal services to the residents of the University Grove
area.
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• 5. In the event an taxes liens
Y , charges or
assessments are made against property in the University Grove
area, and unpaid for a period of two (2) years after the
same shall become delinquent, the Regents shall pay the same
to the proper governmental authority, together with any lawful
interest or penalty due on the said sum. Provided, however,
that the Regents shall not be so obligated if the lessee
against wham the taxes or assessments are levied shall in .good
faith contest the amount of the same or the validity thereof
by appropriate legal proceedings which shall operate to
prevent the collection of the tax, assessment,- or other charge.
In-that event, the obligation of the Regents,. if any, shall
commence after some amount of taxes or assessments is finally
decided to be due and owing and has been delinquent for a
period of six (6) months.
6. The Regents shall assign to the City of Falcon
Heights. any and all action's or causes of action they many now
have or hereafter possess against contractors, subcontractors,
materialmen, architects, engineers or any other persons who
have performed work or labor or rendered services to the
Regents and the University of Minnesota in connection with any
improvements to the University Grove area.
7. The Regents agree that the City of Falcon Heights.
shall not be responsible for the payment of any pending or future
special assessments levied against the parcels described in
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L~
paragraph (1) above as a result of said parcels bein within
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the St. Anthony Drainage District and being improved by the
installation of a storm sewer in 1975.
8. The city attorney of Falcon Heights and the
University attorney shall establish a convenient closing date,
at which time the above-described legal documents shall be
executed.
THE REGENTS OF THE UNIVERSITY
OF MINNESOTA
By
Its
r~
U
CITY OF FALCON HEIGHTS
By
- ---
Willis C. A. Warkentien
Mayor.
AND
By
Dewan B. Barnes
Clerk-Administrator - ~~
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