HomeMy WebLinkAboutResolution 6725. RESOLUTION NO. 6725
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING THE EXECUTION OF AN EASEMENT TO REPLACE A PREVIOUSLY
EXECUTED LIMITED USE AGREEMENT TO MEDTRONIC
WHEREAS, the City of Mounds entered Into an agreement to sell the land known as
the Bridges Of Mounds View to Medtronic on August 31, 2005; an,
WHEREAS, on October 24, 2005 the City and Medtronic closed on the land
transaction at which time Medtronic became the owner of the Bridges site; and,
WHEREAS, a Limited Use Agreement was executed to permit Medtronic's fire access
road and pedestrian trail to cross city land known as the Triangle Parcel with the intention of
converting the agreement to a permanent easement as soon as it was practicable.
NOW THEREFORE, BE IT RESOLVED, that the City Council authorizes the
execution of an easement in favor of Medtronic to allow the placement of their fire access
road and pedestrian trail segment consistent with the approved plans and as shown in the
easement document attached as Exhibit A.
Ado ted this 23rd da of Janua 2006.
p Y rY,
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Rob Marty, Mayor
ATTEST:.
< r
Kurt Ulrich, City Administrator
(SEAL)
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EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement") is made as of January _, 2006, by
and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the "City"), and
MEDTRONIC, INC., a Minnesota corporation ("Medtronic").
RECITALS
A. The City is the owner of property legally described on the attached Exhibit A (the
"Triangle Parcel").
B. Medtronic is the owner of property legally described on the attached Exhibit B (the
"Medtronic Property").
C. Pursuant to the terms of that certain Purchase Agreement and Contract for
Development dated as of August 31, 2005 (the "Development Agreement"), Medtronic is required
to construct and maintain a fire road (the "Fire Road") to serve as access to the Medtronic Property
for emergency vehicles.
D. Medtronic desires to use a portion of the Triangle Parcel and the City desires to grant
Medtronic the right to use a portion of the Triangle Parcel for the construction of the Fire Road, as
depicted on the attached Exhibit C and the maintenance thereof.
E. Pursuant to the Development Agreement, the City has assigned to Medtronic certain
lease agreements (the "Leases") for various billboards that are located on the Medtronic Property
(the "Billboards").
F. .Pursuant to the Development Agreement and the Leases, the rent received from by
Medtronic has been assigned to the City.
G. Medtronic desires to have, and the City desires to grant, access across a portion of
the Triangle Parcel so that the Billboards may be maintained according to the terms and conditions
of the Leases.
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• H. Pursuant to the terms of the Development Agreement, the City desires to grant
access rights to Medtronic so that Medtronic can connect their trail system to that of the City.
I. The City desires to grant to Medtronic the easements contemplated herein, according
to the terms and conditions contained herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and Medtronic agree as follows:
1. Recitals. The recitals set forth above are incorporated into this Agreement by
reference.
2. Grant, Construction, Maintenance and Use of the Fire Road Easement. The City
hereby grants, bargains, sells and conveys to the present and any future owner of the Medtronic
Property, its employees, invitees, agents, tenants and guests, a perpetual easement for the
purpose of constructing, maintaining and using the Fire Road, as depicted on Exhibit C, for
ingress and egress of vehicular and pedestrian traffic (the "Fire Road Easement"). Medtronic
shall .construct the Fire Road and shall be solely responsible for all maintenance and repair of the
Fire Road, including removal of snow and ice. The City shall have no responsibility for the
maintenance or repair of the Fire Road.
• 3. Grant of Billboard Access Easement. The City hereby grants, bargains, sells and
conveys to the present and any future owner of the Medtronic Property, its employees, invitees,
agents, tenants and guests, a perpetual easement .for the purpose of ingress and egress of
vehicular and pedestrian traffic, extending over, upon and across the Triangle Parcel for the
purposes of accessing the Billboards as required by the Leases (the "Billboard Access
Easement").
4. Grant of Trails Easement. The City hereby grants, bargains, sells and conveys to
the present and any future owner of .the Medtronic Property, its employees, invitees, agents,
tenants and guests, a perpetual easement for the purpose of ingress and egress of pedestrian
traffic, extending over, upon. and across the Triangle Parcel for the purposes of accessing any
trail system that exists now, or in the future, on the Triangle Parcel as contemplated in the
Development Agreement (the ``Trail Access Easement").
5. Indemnification. Medtronic shall at all times indemnify and hold harmless the City
from any and all claims for damages, including costs and attorney fees, arising from or by reason of
the Fire Road Easement, the Billboard Access Easement and the Trail Access Easement. the design,
construction, maintenance and use of the Fire Road and/or Medtronic's access to the Billboards.
Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses,
or other limitations on liability to which the City is entitled by law, including but not limited to the
maximum monetary limits on liability established by Minnesota Statutes, Section 466.04.
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• 6. Covenants Running with the Land; Successors and Assigns. The terms of this
Agreement shall constitute covenants running with the land and shall inure to the benefit of and
be binding upon the parties and their respective successors and assigns. This Agreement is not
intended to supersede, modify, amend or otherwise change the provisions of any prior instrument
affecting the land.
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Signature pages to follow)
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IN WITNESS WHEREOF, Medtronic and the City have executed this Easement Agreement as of
this _ day of January, 2006.
CITY OF MOUNDS VIEW, a Minnesota
municipal corporation
By
Its
And
Its
STATE OF MINNESOTA )
ss.
COUNTY OF RAMSEY )
On this day of January, 2006, before me, a notary public within and for
County, personally appeared Rob Marty and Kurt Ulrich, to me personally known who by me duly
sworn, did say that they are the Mayor and City Clerk-Administrator of the City of Mounds View,
Minnesota (the "City") named in the foregoing instrument; that said instrument was signed on
behalf of said City pursuant to a resolution of its governing body; and said Rob Marty and Kurt
Ulrich acknowledged said instrument to be the free act and deed of said City.
Notary Public
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MEDTRONIC, Inc., a Minnesota
corporation
By
STATE OF MINNESOTA )
ss.
COUNTY OF )
Its
On this day of January, 2006, before me, a notary public within and for
County, personally appeared , to me personally known who
by me duly sworn, did say that _ is the of Medtronic, Inc., a
Minnesota corporation for and on behalf of said corporation .
u
Notary Public
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EXfIIBIT A
(Legal Description of Triangle Parcel)
That part of Outlot A, SYSCO, Ramsey County, Minnesota, which lies easterly of the following
described line:
Beginning at a point on the east line of said Outlot A, said point also being the most westerly
corner of Outlot A, NORTH STAR INDUSTRIAL PARK 2ND ADDITION, Ramsey County,
Minnesota; thence southwesterly to the intersection with the southerly line of said Outlot A,
SYSCO, and the northerly right of way line of U.S. Highway NO. 10 and said line there
terminating.
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EXfIIBIT B
(Legal Description of the Medtronic Property)
Lots 1-5 and Outlot A, Medtronic CRM Addition
Ramsey County, Minnesota
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EX>rIIBIT C
(Depiction of the Fire Road and Pedestrian Trail)
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