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Home My WebLink AboutRES 80-065 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE CITY OF ROSEVILLE AND M-M DEVELOPMENT CORPORATION ON BEHALF OD THE CITY OF ST. ANTHONY Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102734 Box: 23 Folder: RES 1980 Document: RES 80-065 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT WITH THE CIN OF ROSEVILLE AND M-M DEVELOPMENT CORPORATION ON BEHALF OD THE CITY OF ST. ANTHONY i .1 • RESOLUTION 80-065 A' RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE' THE AGREEMENT WITH THE CITY OF ROSEVILLE AND M-M DEVELOPMENT CORPORATION ON BEHALF OF THE CITY OF ST. ANTHONY Be It Resolved that. the Mayor and. City Manager are authorized to execute the Agreement with the City of Roseville and M-M -Development Corporation on behalf of the City of St. Anthony. Adopted this X344 day of � j;� , 1980 . Mayor ; ATTEST: City Clerk Reviewed for administration: �• .p" City Manager A`' , AGREEMENT ® THIS AGREEMENT, made and entered into as of 1980, by and among the CITY OF ST. ANTHONY, a municipal corpora- tion under the laws of the State of Minnesota ("St. Anthony") , the . CITY OF ROSEVILLE, a municipal corporation under the laws of the State of Minnesota ("Roseville") , and LEONARD W. VANASSE and MARLYS VANASSE, husband and wife ("Owner") . RECITALS: A. Roseville has issued a building permit to Owner to construct an office/warehouse building in Roseville on a portion of a tract of land in the South Half of Section 5, Township 29, :.cam 'C=) Range .23, lying North of Ramsey County Road C, adjoining the easterly border of St. Anthony and legally described on Exhibit .`" A attached hereto and made a part hereof. ("Subject Property") . B. Owner has constructed the building, but certain questions n with respect to connection of the facility to the Roseville water and sanitary sewer systems have not yet been resolved. The Subject Property cannot be connected. to the Roseville systems until certain studies have been completed and decisions have been made regard- ing installation of the Roseville sewer and water systems and the location of Roseville utility lines for connection of the Subject Property to the Roseville systems. C. Owner has requested of St. Anthony that Owner be permitted to temporarily connect to the St2. Anthony water and sanitary sewer systems ("St. Anthony Systems") until Roseville has completed the • Roseville sewer and water lines designed to serve the Subject Property ("Roseville Lines") . _ 3217 D. The parties hereto wish to set forth in. writing their understandings and agreements with respect to g p temporary sewer O and water service for the Subject Property by St. Anthony. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby agreed by and among the parties as follows: 1. Owner will be permitted, subject to the terms of this agreement, to temporarily connect to the St. Anthony Systems, all at Owner' s sole cost and expense and without cost or expense to Roseville or St. Anthony. 2. Owner agrees to pay . for St. Anthony water at the rate of $. 40 per 100 cubic feet, all in accordance with St. Anthony's water ordinances. Owner agrees to pay for sanitary sewer service • from St. Anthony in accordance with St. Anthony's sanitary sewer ordinances, except that the sewer charges to be paid by Owner shall be based upon a rate of $. 80 per 100 cubic feet of water used, or any fraction thereof. 3. Roseville will proceed with its feasibility study for the sewer and water facilities to serve the Subject Property, and will conclude the public hearings related thereto as soon as rea- sonably possible. 4 . As soon as possible after the Roseville water line to serve the Subject Property is installed, Owner shall disconnect from the St. Anthony water system and shall connect to the Roseville water system. As soon as. possible after the Roseville sanitary sewer line to serve the Subject Property is installed, Owner shall disconnect from the St. Anthony sanitary sewer system and connect to the Roseville sanitary sewer system. -2- C` 5. Notwithstanding an a g y other provision herein to the contrary, neither Owner, nor their heirs or assigns, shall C'6 have any right to connect to the St. Anthony Systems, or to remain connected to the St. Anthony Systems, after December 31, 1981. St. Anthony shall have the right to require disconnection of the Subject Property from the St'. Anthony Systems at any time after December. 31, 1981 at the sole cost and expense of Owner. If Owner does not disconnect from the St.Anthony Systems within 30 days after written .notice from St. Anthony given after December 31, 1981, St. Anthony shall have the right to have the work done at Owner's expense, and Owner shall promptly reimburse St. Anthony for the cost of such work. 6. Prior to the issuance by St. Anthony of the permits necessary for the connection of the Subject Property to the St. Anthony Systems, Owner shall, if requested by St. Anthony, grant an easement to St. Anthony for utility purposes 20 feet in width along the westerly property line of the Subject Property, so as to per- mit a loop in the St. Anthony water line serving the St. Anthony Industrial Park. 7. It is understood and agreed that St. Anthony, and its Council, agents and employees, shall not be liable or responsible in any manner to Owner, Roseville or any other party, for any claims, demands, damages, or action of any kind relating to the water and. sanitary sewer service to be furnished by St. Anthony, including without limitation any failure of St. Anthony to supply sufficient amounts of water or adequate water pressure to' the Sub- ject Property and including any sewage backup problem at the Subject • Property. Owner agrees to hold St. Anthony and Roseville, their -3- Councils agents and employees hazml,ess :Froin ,any and all clairgs, damages, demands, or actions arising out of the installation or use of the .water and sanitary sewer facilities provided for in this -" agreement, and any costs or expenses of defending against any such claims, demands or actions. , 8. Owner agrees, for themselves and their heirs and assigns, that they shall have no right to use Anthony Lane North, or any portion thereof, for ingress to, or egress from, the Subject Property. 9. The parties acknowledge that development of the Subject Property has presented concerns about possible drainage problems. The parties agree to cooperate with each other, the Rice Creek Watershed District, - and the .consultant retained by St. Anthony and Roseville, in efforts to improve the drainage, and Owner agrees to • use all reasonable efforts to reduce potential storm water runoff problems. 10. Owner shall reimburse St. Anthony for all administrative, legal and engineering costs and expenses in connection with the preparation, performance and enforcement of this agreement. 11. This agreement shall be binding. upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and assigns; provided, however, that Owner shall have no right to assign this agreement or any rights hereunder without the prior written consent of St. Anthony and Roseville. CI OF ROSEVILLE , CITY OF ST. ANTHONY M r . Mayor v • ity Manager Cit Manager -4- �XLEONAADN.-. VANASSE O MARLYS V ASSE STATE OF MINNESOTA) ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,1980, by ,. Mayor, and ,Manager, o /the' CITY OF ST. ANTHONY, a Mi nesota municipal corporation, on behalf of the corporation. E CAROLINE L. ZAPPA NRNNRriN COUNTY NOTARY PURLIC.MINNESOTA Notary Public MIBiIOM alpleft MAR. 3. 1395). STATE OF MINNESOTA) ) ss.. COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this /e'Z�(day of by , Mayor, and ��, �� Manager, of the CITY OF ROSEVILLE, a Minnesota municipal corporation, on behalf of the corporation. Notary ublic g .41 4y ?G,r�, 2 > 5- ,71, /SS'0,7 p ou'l SST • lu,�P Y q � J Q _ • -� STATE OF MINNESOTA) •) ss. COUNTY OF � ) The foregoing instrument was acknowledged before me this day of ,19801 by LEONARD W. VANASSE and MARLYS VANASSE, husband and wife. tary Public a ��MnMMM�'�`��v,�` ^-IUMEISTER SZ'eV Id R. !d1;�iiE50TA ys•, ,OU;�Ty VyyyyJ J4•JYV W 1 -6- 0 EXHIBIT A That part of the West 9 acres of the Southwest 1/4 of the Southwest 1/4 of Section 5, .Township 29, Range 23 Ramsey County, Minnesota lying North of the South 750. 0 feet thereof. And that part of the North 43. 52 feet of the South 750.0 feet of the West 9 acres of the Southwest 1/4 of the Southwest 1/4 of Section 5, Township 29, Range 23 Ramsey County, Minnesota lying West .of the East 167.71 feet thereof. That part of the South 706. 48 feet of the West 9 acres of the Southwest quarter of the Southwest quarter of Section 5, Town- ship 29, Range 23, Ramsey County, Minnesota lying West of the EcTst 167. 71 feet thereof. This instrument drafted by: Dorsey, Windhorst, Hannaford, Whitney & Halladay 2300 First National Bank Building Minneapolis , Minnesota 55402