HomeMy WebLinkAboutResolution 2000-017CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
.RESOLUTION 2000 -17
JOINT USE AND MAINTENANCE AGREEMENT
BY AND BETWEEN
THE CITY OF OAKDALE
AND
THE CITY OF LAKE ELMO
This Agreement made and entered into this 2"' day of May 2000, by and between the City of
Oakdale, a municipal corporation organized under the laws of the State of Minnesota (Oakdale),
and the City of Lake Elmo, a municipal corporation organized under the laws of the State of
Minnesota (Lake Elmo), relating to the construction, use and maintenance of Helmo Avenue.
WITNESSETH:
WHEREAS, the Cities of Oakdale and Lake Elmo desire to cooperate in the construction, use
and maintenance of the extension of Helmo Avenue from approximately 26 "' Street North to
Stillwater Boulevard (the Project), and
WHEREAS, the City of Oakdale did approve the construction of the Project by resolution at
its meeting of February 23, 2000; and
WHEREAS, the City of Lake Elmo did approve the construction of the Project and use of
right -of -way by resolution at its meeting of December 21, 1999; and
WHEREAS, the parties agree a portion of the Project will be constructed on right -of -way
within the City of Lake Elmo, and
WHEREAS, the parties agree to enter into this understanding relating to thee construction, use
and maintenance of that portion of Helmo described in the attached Exhibit A pursuant to
Minnesota Statutes section 471.345.
NOW THEREFORE BE IT RESOLVED by and between the Cities of Oakdale and Lake
Elmo
1. Term of Agreement. This Agreement shall be perpetual from the date of execution
hereof.
Resolution 2000 -17
Helmo Avenue Joint Powers Agreement
May 2, 2000
2. The City of Lake Elmo consents to the construction, use and maintenance of that
portion of the Helmo right -of -way located in the City of Lake Elmo described in the
attached Exhibit A.
3. The City of Oakdale agrees to undertake all engineering, construction, inspection, and
related activities to construct the Project consistent with the plans and specifications
prepared by SEH Engineering dated February 22, 2000.
4. Oakdale agrees to pay for and properly maintain the Helmo extension in good order
consistent with applicable policies and customary standards of operation.
5. Lake Elmo will not be obligated to pay any portion of the costs of traffic control devices
related to the Helmo Avenue /Stillwater Boulevard intersection at any time during the
term of this Agreement.
6. Prior to construction of any improvements within the Lake Elmo right -of -way, beyond
those described in the Project above, the plans and specifications for such construction
shall be approved by the engineers of both cities.
7. No advertising devices in any form or size shall be constructed or placed or permitted
within Lake Elmo right-of-way.
8. Lake Elmo shall not grant or cause to be constructed any curb cuts within the Lake Elmo
right -of -way.
9. Indemnification. The Cities shall hold each other harmless and indemnify each other
and its employees from claims for damages due to bodily injury, death, property damage,
sickness, disease, or other loss arising from any use contemplated by this Agreement.
10. Notification. Al I notices contemplated under this Agreement shall be as follows:
As to City of Oakdale:
City Engineer
City of Oakdale
1584 Hadley Avenue North
Oakdale, MN 55128 -5408
As to City of Lake EImo:
City Engineer
City of Lake Elmo
3800 Laverne Avenue North
Lake Elmo, MN 55042 -9629
Resolution 2000 -17
Helmo Avenue Joint Powers Agreement
May 2, 2000
Passed and approved by the City Council for the City of Oakdale and the City Council of the
City of Lake Elmo.
CITY OF OAKDALE CTIY OF LAKE ELMO
By:
Its: Mayor
Date:
By:
Its: City Administrator
Date:
By:
Its: Mayor
Date: C
By:
Its: City Administra
Date: `, GG CL
3
Resolution 2000 -17
Helmo Avenue Joint Powers Agreement
May 2, 2000
EXHIBIT A
Legal Description.
JOINT USE AND MAINTENANCE AGREEMENT
BY AND BETWEEN
THE CITY OF OAKDALE
AND
THE CITY OF LAKE ELMO
tic.• f�
This Agreement made and entered into this a , 4ay--*TApfR, 2000, by and between the
City of Oakdale, a municipal corporation organized under the laws of the State of Minnesota
(Oakdale), and the City of Lake Elmo, a municipal corporation organized under the laws of the
State of Minnesota (Lake Elmo), relating to the construction., use and maintenance of Helmo
Avenue.
WITNESSETH:
WHEREAS, the Cities of Oakdale and Lake Elmo desire to cooperate in the construction,
use and maintenance of the extension of Helmo Avenue from approximately 26th Street North to
Stillwater Boulevard (the Project); and
WHEREAS, the City of Oakdale did approve the construction of the Project by resolution
(motion ?) at its meeting of February 23, 2000; and
WHEREAS, the City of Lake Elmo did approve the construction of the Project and use of
right -of -way by resolution at its meeting of December 21, 1999; and
WHEREAS, the parties agree a portion of the Project will be constructed on right -of -way
within the City of Lake Elmo; and
WHEREAS, the parties agree to enter into this understanding relating to the construction,
use and maintenance of that portion of Helmo described in the attached Exhibit A pursuant to
Minnesota Statutes section 471.345.
Elmo:
NOW THEREFORE, BE IT RESOLVED by and between the Cities of Oakdale and Lake
Term of Agreement. This Agreement shall be perpetual from the date of execution
hereof.
2. The City of Lake EImo consents to the construction, use and maintenance of that
portion of the Helmo right -of -way located in the City of Lake Elmo described in the
attached Exhibit A.
3. The City of Oakdale agrees to undertake all engineering, construction, inspection and
related activities to construct the Project consistent with the plans and specifications
prepared by SEH Engineering dated February 22, 2000.
4. Oakdale agrees to pay for and properly maintain the Helmo extension in good order
consistent with applicable policies and customary standards of operation.
5. Lake Elmo will not be obligated to pay any portion of the costs of traffic control
devices related to the Helmo Avenue /Stillwater Boulevard intersection at any time
during the term of this Agreement.
6. Prior to construction of any improvements within the Lake Elmo right -of -way,
beyond those described in the Project above, the plans and specifications for such
construction shall be approved by the engineers of both cities.
7. No advertising devices in any form or size shall be constructed or placed or permitted
within the Lake Elmo right -of -way.
8. Lake Elmo shall not grant or cause to be constructed any curb cuts within the Lake
Elmo right -of -way.
9. Indemnification. The Cities shall hold each other harmless and indemnify each other
and its employees from claims for damages due to bodily injury, death, property
damage, sickness, disease or other loss arising from any use contemplated by this
Agreement.
10. Notification. All notices contemplated under this Agreement shall be as follows:
As to City of Oakdale:
City Engineer
City of Oakdale
1584 Hadley Avenue North
Oakdale, MN 55128 -5408
As to City of Lake Elmo:
City Engineer
City of Lake Elmo
3 800 Laverne Avenue North
Lake Elmo, MN 55042 -9629
Passed and approved by the City Council for the City of Oakdale and the City Council for
the City of Lake Elmo.
#WG , • a
By:
Date:
By:
Date:
057007U1
3.
CITY OF LAKE ELMO
By:
Its: Mayor
Date: ? -0Q
By:
Its: City Rdimnis ra or
Date: s L�xq — co
Legal Description:
1WNW* : e
0
170
EXHIBIT A
GRANT OF PERMANENT EASEMENT
Royal Oaks Realty, Inc, a Minnesota corporation, (herein "Grantor ")
is the fee owner of the following described real estate situated in
Washington County, Minnesota:
Lots 9 and 10, Block 3, Lake Elmo Heights 3rd Addition,
3� according to the recorded plat thereof, Washington
County, Minnesota.
In consideration of the conditions required to the approval of the
plat of Lake Elmo Heights 3rd Addition, Grantor hereby conveys to
the City of Lake Elmo, a municipal corporation and political
subdivision of the State of Minnesota (herein "City "), its
successors and assigns, a permanent and exclusive easement for the
construction, maintenance, operation, inspection and repair of
public rights -of -way, utilities and storm water drainage and
ponding areas; together with permanent and exclusive easements for
ingress and egress at any and all times with all machinery, tools,
equipment, vehicles and materials necessary for the aforesaid
purposes, over, under and across the following described property:
Beginning at the Northwest corner of Lots 10, Block 3,
Lake Elmo Heights 3rd Addition; thence North 81 degrees
05 minutes 01 seconds East, assumed bearing, along the
Northerly line of said Lot 10 a distance of 40.35 feet;
thence South 01 degrees 22 minutes 35 seconds East a
distance of 300.00 feet; thence South 18 degrees 42
minutes 08 seconds West a distance of 116.51 feet to the
West line of Lot 9, Block 3, Lake Elmo Heights 3rd
Addition; thence North 01 degrees 22 minutes 35 seconds
West along the West line of said Lots 9 and 10 for a
distance of 404.13 feet to the point of beginning.
IN WITNESS HEREOF, Grantor has hereunto set its hand the
day of _ yr -e— �, 1995.
ROYAL OAKS REALTY, IN .
By:
arcel Eib n teiner
Its: President
'ENTERED IN
70 WASHINGTON COUNTY, MINOR®
rLi.ir�s�a � .. �!E
50TA
— s,f} �. H. TAF�ORD, AUDITOR—TREASURER 19�
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By-
FILE 4 DEPUTY
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11*1 14
F
STATE OF MINNESOTA
Ss.
COUNTY OF
On this s / day of - k 4 "_7 01 IoQq before
me, a notary public within and for said county, personally appeared
Marcel Eibensteiner, to me known to be the President of the above
described corporation, and he executed the foregoing instrument and
acknowledged that he executed the same by authority of and on
behalf of Royal Oaks Realty, Inc.
11— .. _- . I v
DIWIE M. LePAGE
o NOTARY PUBLIC-MINNESOTA Notary Public
RAMSEY COUNTY
MYCOMMISSWEXPiTeS,lan,31:20W .... - - - -- . - _'....... . ....... .... . ....... ....... ....
Instrument Drafted By:
Jerome P. Filla
PETERSON, FRAM & BERGMAN, P.A.
50 East Fifth Street, Suite 300
St. Paul, MN 55101
(612) 291-8955
Attorney Reg. #29166
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