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Home My WebLink About2008-050 Council ResolutionCouncii Member Reinert introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 08 -50 RESOLUTION APPROVING LICENSE AGREEMENT TO USE COUNTY PROPERTY FOR CITY PARK (LINO PARK) WHEREAS, During the remaster planning process of Lino Park, it was discovered that Anoka County owns a 1.84 acre parcel of property (Pin No. 08- 31 -22 -14 -0014) between Lino Park and Oak Lane; and WHEREAS, From a park planning standpoint, this parcel can provide convenient /direct access to the Lino Park from Oak Lane via a paved trail; and WHEREAS, This parcel has been incorporated into Lino Park's master plan; and WHEREAS, The License Agreement (Contract No. 2007 -0576) grants the City of Lino Lakes the right to construct a bike trail on the aforementioned parcel. The City of Lino Lakes assumes all responsibility for all costs associated with the construction, maintenance, replacement, and repair /removal of the trail. • NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the License Agreement (Contract No. 2007 -0576) and directs the City Clerk to prepare the License Agreement for execution. • Adopted by the Lino Lakes City Council this 12th day of May, 2008. ATTEST: N Juli. e Bartell, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Council Member Gallup and upon a vote being taken thereon the following voted in favor thereof: Reinert, Gallup, Stoltz, O'Donnell, Bergeson The following voted against same: none John t -rgeso �i ayor Whereupon said resolution was declared duly passed and adopted. • AGENDA ITEM NO. 1B STAFF ORIGINATOR: Rick DeGardner, Public Services Director COUNCIL MEETING DATE: May 12, 2008 TOPIC: Consideration of Resolution No. 08 -50, License Agreement to Use County Property for City Park (Lino Park) VOTE REQUIRED: Simple Majority BACKGROUND: During the remaster planning process of Lino Park, it was discovered that Anoka County owns a 1.84 acre parcel of property (Pin No. 08- 31 -22 -14 -0014) between Lino Park and Oak Lane. From a park planning standpoint, this parcel can provide convenient/direct access to Lino Park from Oak Lane via a paved trail. Therefore, this parcel has been incorporated into Lino Park's master plan. The attached License Agreement (Contract No. 2007 -0576) grants the City of Lino • Lakes the right to construct a bike trail on the aforementioned parcel. The City of Lino Lakes assumes all responsibility for all costs associated with the construction, maintenance, replacement, and repair /removal of the trail. Attached is a master plan for Lino Park. OPTIONS: 1. Approve Resolution 08 -50. 2. Do not approve Resolution 08 -50. RECOMMENDATION: Option 1. • Anoka County Contract No. 200V- 0 5 7(0 LICENSE AGREEMENT TO USE COUNTY PROPERTY FOR CITY PARK THIS LICENSE AGREEMENT is made and entered into this day of 2008, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "Licensor," and the City of Lino Lakes, a municipal corporation under the laws of the State of Minnesota, 600 Town Center Parkway, Lino Lakes, Minnesota 55014, hereinafter referred to as the "Licensee." WHEREAS, the Licensor owns real property located in the City of Lino Lakes, County of Anoka, State of Minnesota, which is identified for tax purposes as Pin No. 08- 31 -22 -14 -0014 and is legally described as Parcel 166 of Anoka County Highway Right of Way Plat 17 ( "County Property"); and WHEREAS, Licensee has a city park adjacent to the County Property and desires to incorporate the County Property in future development plans for the city park; WHEREAS, Licensee has requested and the Licensor has, subject to the terms and conditions contained herein, agreed to permit the Licensee to use the County Property as part 111 of its city park. NOW, THEREFORE, in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: • I. GRANT OF LICENSE Subject to the terms and conditions contained herein, Licensor hereby grants to Licensee a license to use the County Property for city park purposes. II. LIMITATIONS OF LICENSE Licensor grants this License for the sole purpose of allowing the Licensee to use the County Property as part of its city park for only passive recreational purposes, such as hiking and biking. Except for the construction of hiking and/or biking trails, the Licensee shall not construct any improvements on the County Property. III. MAINTENANCE AND PAYMENT OF COSTS The Licensee shall be solely responsible for and pay for all costs associated with the construction, installation, maintenance, replacement, repair and/or removal of any hiking and /or biking trail constructed on the County Property. IV. REMOVAL OF IMPROVEMENTS At such time as Licensor may need the County Property for road improvements or other reasons, Licensor may terminate this license upon 180 days written notice to Licensee, at which time Licensee shall, at its sole cost, remove any bike or hiking trails and return the County Property to the condition it was in prior to the construction of the trails. V. INDEMNIFICATION The Licensee agrees to hold harmless the Licensor, its commissioners, officers, agents, and employees from any and all liability and claims therefore concerning (including attorneys' fees), related to or resulting from the use of County Property for the purposes permitted herein. VI. COMPLIANCE WITH LAW Licensee agrees to comply with all applicable federal, state and local law ordinances, or any rules, regulations or standards of any agency of such governmental entity, which are applicable to the use of the County Property as provided for herein. IN WITNESS WHEREOF, the parties hereto have set their hands on the date so indicated. COUNTY OF ANOKA CITY OF LINO LAKES By: By: Dennis D. Berg, Chair Name: County Board of Commissioners Its: Dated: Dated: ATTEST ATTEST By: Terry L. Johnson County Administrator Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: I: \CIV\DK\CONTRACT\2008 \Lino Lakes for use of Highway property for park- la.doc By: Name: Its: Dated: • deta Ma6 Park Sign Monument: _1 Park signage with ornamental planting bed as the main focus when entering the park. Entrance Feature: Architectural entrance gateway feature and adjoining ornamental fence with a rustic, natural appearance to provide a scenic entrance to the park. Parking Lot: Reconfigured parking lot using only the north access and allowing green space separation between the parking lot and Lake Drive - approx. 42 parking spaces. Vegetative Buffers / Screening. Use of trees and shrubs to screen various park areas from adjacent properties. Basketball 1/2 Court: Asphalt court with adjustable hoop and situated close to the playground and picnic shelter for adult supervision. Park Shelter. Open air picnic shelter (32' dia.) situated centrally to serve the children's playground, the adjacent informal green space areas, and the athletic field. fib Informal Green Space: _ Green space (lawn) in scattered areas for informal uses and picnic space. BRAUER & ASSOCIATES, LTD. LAND USE PLANNING AND DESIGN Entrance Gateway Athletic Field: Turf area sized to accommodate full sized lacrosse field (180' x 330') with small soccer overlays. Turf area regraded and irrigated for optimal playing outface. Asphalt Trail: 8' wide loop asphalt trail winds around the park site and provides access to the park amenities. Trail has neighborhood connections on both the north and south sides to allow adjacent neighborhoods easy access to the park without having to get on Lake Drive. Children's Play Area: Neighborhood level playground with seating areas is situated in the park interior away from the streets for improved atmosphere and safety of the users. Naturalized Areas: Create more naturalized areas in the park to reduce maintenance, improve habitat and aesthetics, and improve water quality of the pond / wetland. Nature Trail: 4' wide nature trail (aggregate or mowed turf) that creates a loop connection around the pond / wetland with seating overlooks for nature viewing. 4 5. 55' 100' tsa SCALE: 1" = 50' PROJECT #06 -40 DATE: MARCH 5TH, 2007