Loading...
HomeMy WebLinkAbout2022.03.07 CC Packet Meetings of the City Council are held in the Council Chambers. For those wishing to speak but do not wish to attend can participate in the meeting virtually via ZOOM. The meeting ID and passcode are below. Contact City Clerk Michele Lindau at 651-762-6315 with questions. Meeting ID: 879 7218 9913 Passcode: 604364 A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. February 7, 2022, City Council Meeting 2. February 7, 2022, Executive Session E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Washington County Update - Washington County Commissioner Fran Miron 2. Community Development Department Annual Report G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion and a roll call vote. If a member of the City Council or the public wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approve Claims Roster 2. Approve Performance Review for Building Department Secretary Debi Close 3. Approve Performance Review for Senior Engineering Technician Liz Finnegan 4. Approve Public Works Mechanic Job Description 5. Approve Advertisement of Public Works Mechanic 6. Approve Public Works Worker Job Description 7. Approve Advertisement of Public Works Worker 8. Approve Resolution Approving Property Line Adjustment for 6900 137th Street North and 7032 137th Street North – City of Hugo 9. Approve Purchase Agreement with ISD624 for Public Works Facility-6900 137th Street 10. Approve Cooperative Agreement with MnDOT and ISD624 for TH61 and 152nd Intersection Improvements 11. Approve Amendments to the Personnel Policy Regarding Personal Leave Pay Agenda HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, MARCH 7, 2022 – 7 P.M. 12. Approve Variance from Shoreland Setback for 12582 Ingersoll Ave. -Tennyson 13. Approve Pay Request No. 7 to Schreiber Mullaney for the Lions Park Pavilion 14. Approve Pay Request No. 17 to Ebert Construction for the Public Works Facility Project H. PUBLIC HEARING 1. Nothing Scheduled I. UNFINISHED BUSINESS 1. Approve Resolution Approving Plans and Specifications for 140th Street Project and Advertise for Bids J. NEW BUSINESS 1. Nothing Scheduled K. VISITOR PRESENTATIONS 1. Nothing Scheduled L. COUNCIL PRESENTATIONS 1. Nothing Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Redistricting Workshop on Monday, March 14, 2022 2. Schedule Bus Tour for Saturday, October 1, 8, or 15, 2022 N. ADJOURN BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON MARCH 7, 2022 D.1 Minutes for the February 7, 2022, City Council Meeting D.2 Minutes for the February 7, 2022, Executive Session Staff recommends Council approve the above minutes as presented. F.1 Washington County Update - Washington County Commissioner Fran Miron Washington county Commissioner Fran Miron will provide Council an update. F.2 Community Development Department Annual Report Community Development Assistant Emily Weber will present to Council the 2021 Community Development Department Annual Report. G. 1 Approve Claims Roster Staff recommends Council approve the Claims Roster as presented. G.2 Approve Performance Review for Building Department Secretary Debi Close Debi Close was hired as the City’s Building Department Receptionist on March 20, 2006. Building Official Joel Hoistad recommends Council approve the annual performance review for Building Department Receptionist Debi Close. G.3 Approve Performance Review for Senior Engineering Technician Liz Finnegan Liz Finnegan was hired in March, 2019, as the new Senior Engineering Technician after the retirement of Steve Duff in January, 2018. City Administrator Bryan Bear recommends Council approve the performance review for Senior Engineering Technician Liz Finnegan. G.4 Approve Public Works Mechanic Job Description Staff has updated the job description for the Public Works Mechanic position to reflect the current needs of the Public Works Department. Staff recommends Council approve the updated Public Works Mechanic Job Description. G.5 Approve Advertisement for Public Works Mechanic Position The Public Works Department has a mechanic position vacancy. Staff recommends Council approve the advertisement for a Public Works Mechanic to fill that position. G.6 Approve Public Works Worker Job Description Staff has updated the job description for the Public Works Worker position to reflect the current needs of the Public Works Department. Staff recommends Council approve the updated Public Works Worker Job Description. G.7 Approve Advertisement for Public Works Worker Position The Public Works Department has a maintenance worker position vacancy. Staff recommends Council approve the advertisement for a Public Works Worker to fill that position. G.8 Approve Resolution Approving Property Line Adjustment for 6900 137th Street North and 7032 137th Street North – City of Hugo The City of Hugo is requesting approval of a property line adjustment for two City properties located at 6900 137th Street North and 7032 137th Street North. The properties include the existing Hugo Public Works building, Rice Lake Park, and Hanifl Fields Athletic Park. The proposed property line adjustment will result in the existing public works facility being on a separate parcel from all fields and park facilities. Staff found that the property line adjustment will comply with all applicable regulations in the City Code and recommends approval of the resolution approving the property line adjustment for property located at 6900 137th Street North and 7032 137th Street North. G.9 Approve Purchase Agreement with ISD624 for Public Works Facility-6900 137th Street The City of Hugo is vacating the existing Public Works facility located at 6900 137th Street North and has been working with the White Bear Lake Area School District on a purchase agreement to convey the existing PW facility and the 10-acre lot to the WBL School District. The purchase price for the property is $1,000,000.00 and includes the condition that the City has the right to repurchase the property in the future should there be a need. The purchase agreement includes corresponding easements and will allow continuing public access to the Rice Lake Centre. Staff recommends approval of the purchase agreement to convey the existing Hugo Public Works facility located at 6900 137th Street North to the WBL School District for a purchase price of $1,000,000.00. G.10 Approve Cooperative Agreement with DOT and White Bear Lake School District for TH61 and 152nd Intersection Improvements White Bear Lake School District has received bids for the intersection improvement at TH 61 and 152nd Street. The project is fully funded by the school district and consists of turn lane additions and signalization. Construction is anticipated to begin in April and will be completed prior to school starting in the fall of 2022. Highway 61 will remain open during construction. As part of Improvements located on a State Trunk Highway, Cooperative Construction Agreements are required by the Minnesota Department of Transportation. In this case, White Bear Lake School District is a party to the agreement due to their involvement in the project. Specifically, the agreement outlines the School District responsibilities related to costs, construction, plans and specifications, right-of-way, etc. The City will be responsible for maintenance of pedestrian facilities, minor signal system maintenance and power to the signal facilities. These are standard agreements they have for all communities. Staff recommends approval of the State of Minnesota Department of Transportation and City of Hugo and White Bear Lake School District Cooperative Construction Agreement. G.11 Approve Amendments to the Personnel Policy Regarding Personal Leave Pay In review of the City’s Personnel Policy, it is found that certain language pertaining to personal leave time and employee termination should be eliminated, specifically language that requires the employee to be in good standing with the City at time of termination of employment. Staff recommends Council approve the amendment to the City’s Personnel Policy. G.12 Approve Variance from Shoreland Setback for 12582 Ingersoll Ave. -Tennyson Ranell and Dan Tennyson are requesting the two variances for the reconstruction of an accessory building on the property located at 12582 Ingersoll Avenue North. The applicant is requesting variance to allow the building to be 6.9 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. The second variance request is to allow the building to be 19.8 feet from the front property line, where 40 feet is required by ordinance. At its Thursday, February 24, 2022, meeting the Board of Zoning held a public hearing and considered the request. There was no one that spoke during the public hearing except the applicant. Staff recommended approval of the variance requests. The Board of Zoning agreed the requests met the standards necessary to approve the variances and unanimously recommended approval of the resolution approving the variance requests to the City Council. G.13 Approve Pay Request No. 7 to Schreiber Mullaney for the Lions Park Pavilion Schreiber Mullaney has submitted Pay Request No. 7 for the new Pavilion in Lions Park in the amount of $787,621.21. The quantities completed to date have been reviewed and agreed upon by the architect, contractor and city staff. The amount indicated above reflects the work certified through February 25, 2022 with a 5% retainage applied. The total retainage being held to date will be $105,521.62. Staff recommends Council approve payment in the amount of $787,621.21 to Schreiber Mullaney Construction for the construction of the City of Hugo Lions Park Pavilion. G.14 Approve Pay Request No. 17 to Ebert Construction for the Public Works Facility Project Ebert Construction has submitted pay request No. 17 for payment for the City of Hugo Public Works Facility project in the amount of $216,130.36. The quantities completed to date have been reviewed and agreed upon by the architect, contractor and City staff. The amount indicated above reflects the work certified through February of 2022, with a 5% retainage applied. Total retainage being held for the project to date is $466,168.08. Staff recommends the City Council approve payment request No. 17 in the amount of $216,130.36 to Ebert Construction. I.1 Approve Resolution Approving Plans and Specifications for 140th Street Project and Advertise for Bids Previously the Council had authorized staff to prepare plans and specifications for the 140th Street Extension Project that extends approximately 600 feet west of the existing 140th Street road segment lying west of Fenway Avenue. Proposed improvements for the project include construction of watermain, storm sewer and street construction. This project has previously been added to the City Streets Capital Improvement Plan (CIP) and the extension will facilitate expansion of the Schwieters campus development. Assessments to Schwieters will be applied as previously outlined. Plans and Specifications have been prepared for the 140th Street Extension Project and are ready to be advertised for bidding. Staff is requesting approval of the plans and specifications for the project and authorization to advertise for bids. Staff recommends approval of the resolution approving plans and specifications and ordering advertisement for bids for the 140th Street Extension Project. M.1 Redistricting Workshop on Monday, March 14, 2022 The Council has scheduled a workshop on the redistricting of City wards and precincts for Monday, March 14, 2022, at 5:00 p.m. at Hugo City Hall. M.2 Schedule Bus Tour for Saturday, October 1, 8, or 15, 2022 Staff recommends Council select a date on which to hold the Citywide Bus Tour. N.1 Adjournment Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt COUNCIL ABSENT: None OTHERS PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Mark Erichson, Community Development Director Rachel Juba, City Clerk Michele Lindau Minutes for Minutes for the February 7, 2022, City Council Meeting Klein made motion, Miron seconded, to approve the minutes for the City Council meeting held on February 7, 2022, as presented. All Ayes. Motion carried. Minutes for the February 8, 2022 HBA Breakfast Miron made motion, Klein seconded, to approve the minutes for the Hugo Business Association Breakfast and State of the City Address held on February 8, 2022, as presented. All Ayes. Motion carried. Minutes for the February 16, 2022 Oneka Parkway Neighborhood Meeting Petryk made motion, Klein seconded, to approve the minutes for the Oneka Parkway Neighborhood meeting held on February 16, 2022, as presented. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Klein seconded, to approve the agenda as amended by removing the EDA and Building Department Annual Report and add an Executive Session on a performance review on Dave Geeder and an Executive Session on a performance review on Adam Greeder. All Ayes. Motion carried. EDA and Building Department Annual Report – Community Development Assistant Emily Weber This was removed from the Agenda by City Administrator Bryan Bear. It will appear on the next City Council agenda on March 7, 2022 Minutes HUGO CITY COUNCIL MEETING HUGO CITY HALL TUESDAY, FEBRUARY 22, 2022 – 7 P.M. Hugo City Council Meeting Minutes for February 22, 2022 Page 2 of 4 Approval of Consent Agenda Petryk made motion, Strub seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 2. Approve Donation from the American Legion to the Hugo Fire Department 3. Approve Lawful Gambling Exempt Permit for Pheasants Forever 4. Approve Lawful Gambling Exempt Permit for White Bear Lake Lacrosse Club 5. Approve Purchase of New Radios for the Hugo Fire Department All Ayes. Motion carried. Approve Claims Roster Adoption of the Claims Roster as presented. Approve Donation from the American Legion to the Hugo Fire Department The Hugo American Legion wanted to donate $1,000 to the Hugo Fire Department for training and equipment. Donations to the Fire Department needed to be approved by Council. Adoption of the Consent Agenda approved the donation of $1,000 to the Hugo Fire Department from the Hugo American Legion. Approve Lawful Gambling Exempt Permit for Pheasants Forever Washington County Pheasants Forever Chapter 671 had applied for a Lawful Gambling Exempt Permit to hold Raffles at their banquet at Sal’s Angus Grill on March 13, 2022. The application needed to be approved by the Hugo City Council before being forwarded to the MN Gambling Control Board. Adoption of the Consent Agenda approved the Lawful Gambling Exempt Permit for Pheasants Forever. Approve Lawful Gambling Exempt Permit for White Bear Lake Lacrosse Club The White Bear Lake Lacrosse Club had applied for a Lawful Gambling Exempt Permit to hold a Bingo at their event to be held on March 27, 2022, at the Hugo American Legion. The application needed to be approved by the Hugo City Council before being forwarded to the MN Gambling Control Board. Adoption of the Consent Agenda approved the Lawful Gambling Exempt Permit for the White Bear Lake Lacrosse Club. Approve Purchase of New Radios for the Hugo Fire Department Included in the City’s 2022 budget was funding for the purchase of six new mobile radios for the Fire Department. The new radios would replace six model XTL2500 radios which became obsolete in 2021. The radios being purchased were six Motorola APX6500 radios for a total cost of $25,195.50. The cost of the new radios was as expected and staff had budgeted appropriately for the replacement. Adoption of the Consent Agenda approved the purchase of six mobile Motorola APX6500 radios through the State of Minnesota contract, from ANCOM. Hugo City Council Meeting Minutes for February 22, 2022 Page 3 of 4 Approve Resolution Accepting Feasibility Study and Setting Public Hearing for Oneka Parkway Improvement Project At its September 7, 2021, meeting, Council approved a resolution ordering the preparation of a feasibility study for the Oneka Parkway Improvement Project. A neighborhood meeting was held on February 16, 2022. Improvements would include bituminous mill and overlay from Frenchman Road to Farnham, partial street reconstruction from Farnham Avenue to Heritage Parkway, construction of turn lanes, and a signal at CSAH 8. City Engineer Mark Erichson explained that Washington County planned for the traffic signal in 2024, but will move it up to this year and let it be a City-led project. He provided detailed information on the improvements to be done and information on the Assessment Policy. The total cost of the project was approximately $2,600,000. There would be future assessments for Farnham Avenue and 149th Street when those roadways were improved in the future. Klein made motion, Petryk seconded, to approve RESOLUTION 2022-9 RECEIVING THE FEASIBILITY REPORT AND SETTING THE PUBLIC HEARING FOR THE 2022 ONEKA PARKWAY IMPROVEMENTS PROJECT All Ayes. Motion carried. Executive Session on Performance Evaluations for Employees Dave Greeder and Adam Greeder City Attorney Dave Snyder explained MN State Statute 13D.05, Subd. 3, that entitled Council to go into executive session to conduct performance reviews. He requested Council make a motion to enter into executive session to discuss the performance reviews for Dave Greeder and Adam Greeder, and that the room be cleared except for Dave Greeder. Weidt made motion, Klein seconded, to adjourn to executive session at 7:18 p.m. All Ayes. Motion carried. Council entered into executive session. Weidt made motion, Miron seconded, to reopen the general session at 8:00 p.m. All Ayes. Motion carried. City Attorney Dave Snyder explained that Council had just met in closed session to discuss the performance reviews of Dave Greeder and Adam Greeder, and he stated who was present: all City Council members, City Administrator Bryan Bear, City Clerk Michele Lindau, City Attorney Dave Snyder, Pubic Works Director Scott Anderson, Sergeant Joe Zerwas, Dave Greeder, and Adam Greeder. He asked Council if they wished to make a decision or recommendation to City staff. Klein made motion, Strub seconded, to accept staff’s recommendation to terminate the employment of Public Works Mechanic Dave Greeder with the City of Hugo. All ayes. Motion carried. Hugo City Council Meeting Minutes for February 22, 2022 Page 4 of 4 Miron made motion, Klein seconded, to accept staff’s recommendation to terminate the employment of Public Works Worker Adam Greeder with the City of Hugo. All Ayes. Motion carried. Adjournment Klein made motion, Petryk seconded, to adjourn at 8:03 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk City of Hugo Claims March 7, 2022 G. 1 Vendor Invoice Amount Description Department Abdo Financial Solutions LLC 454206 2,830.00$ Accounting Assistance Finance Dept Alex Air Apparatus Inc INV-45274 7,152.00$ Veridian Turnout Coats & Pants Fire Dept Allstream 18135173 102.30$ Fax Lines Administration Aspen Mills 288270 164.95$ Boots Fire Dept Aspen Mills 288270 112.95$ Class A Uniform Fire Dept Aspen Mills 288329 252.85$ Class A Uniform Fire Dept Aspen Mills 288329 169.50$ Boots Fire Dept Aspen Mills 288553 188.50$ HFD Jacket Fire Dept Canteen Refreshment Services MSP40341 211.95$ Breakroom Supplies Gen Gov't Bldgs Canteen Refreshment Services MSP40342 81.65$ Breakroom Supplies Public Works Capital One Trade Credit 363217095 72.99$ Shop Tools Street Dept Century College 940376 500.00$ ICS 400 - J. Palmquist & T. Olson Fire Dept Cintas Corporation 5096093402 204.38$ First Aid Supplies Gen Gov't Bldgs Cintas Corporation 5096093402 202.08$ First Aid Supplies Public Works City of Roseville 230736 67.00$ Adobe License Administration City of Roseville 230737 963.35$ Laserfiche License Administration Comcast 2/5/2022 2.25$ Business Internet (thru March 14) Fire Dept Comcast 2/12/2022 25.25$ Business Cable (thru March 21) Administration Custom Cap & Tire LLC 270045027 323.00$ Tires - Unit #326 Street Dept Denaway, Shayla Claim 78.11$ Sledding Party Supplies (Dunn Bros) Parks Dept Forest Lake Napa January 166.91$ Auto Parts and Shop Supplies Various Game Time PJI-0178182 1,715.16$ Play Equipment - Diamond Point Park Parks Dept General Repair Service 76420 249.40$ Pump Parts - Lift Station No. 4 Sewer Utility Greeder, Adam Claim 219.98$ Cold Weather Gear Parks Dept HCM Architects 2066-15 6,086.65$ Lions Park Architect Services Special Parks Fund Home Depot Credit Services 514734 46.41$ Trash Bags Parks Dept Home Depot Credit Services 9020925 243.40$ Shop Tools Public Works Hotsy Equipment of Minnesota 12065 349.08$ Bulk Soap & Parts for Washbay Public Works Hydraulic Plus & Consulting 15085 733.34$ Repair - Unit #201-16 Street Dept Innovative Office Solutions LLC IN3673467 191.31$ Envelopes, Binder Clips and Ink Ribbon Administration Innovative Office Solutions LLC IN3673467 128.94$ Copy Paper Administration Innovative Office Solutions LLC IN3673656 12.25$ Pens, Pen Cups and Card Holder Public Works Innovative Office Solutions LLC IN3673659 114.42$ Post Its and Folders Administration Innovative Office Solutions LLC IN3674002 398.97$ Toner Building Inspections Innovative Office Solutions LLC IN3675881 20.39$ Tape Dispenser and Tape Public Works Innovative Office Solutions LLC IN3676677 77.68$ Folders Administration Innovative Office Solutions LLC IN3685729 69.58$ Note Pads, Post Its and Planner Public Works Innovative Office Solutions LLC IN3689413 66.64$ Organizer and Wall Clips Finance Dept Innovative Office Solutions LLC S24312 40,920.28$ Pavilion Furnishings - Lions Park (1/2) Special Parks Fund Johnson Controls Fire Protection LP 22755042 1,264.53$ Alarm Testing & Inspection Gen Gov't Bldgs Johnson Controls Fire Protection LP 41530155 1,550.96$ Alarm Tech Service Gen Gov't Bldgs Johnson/Turner January 4,829.00$ Prosecution Fees (Flat Fee) General Legal Johnson/Turner January 1,877.25$ Civil Legal Fees - See Attached Breakdown General Legal Johnson/Turner January 294.95$ Disbursements (Prosecution Costs) General Legal Kath Fuel Oil Service Co. 12320094 6,371.42$ February Unleaded Gas & Diesel Purchases Various Laughlin's Pest Control 49478 85.00$ February Pest Control Service Gen Gov't Bldgs Lawson Products 9309287177 44.77$ Bulk Hardware Supplies Public Works MacQueen Equipment Inc P40133 30.10$ Parts - Unit #209 Sewer Utility MacQueen Equipment Inc W09079 18,658.28$ Repairs - Unit #209 Sewer Utility Menards 78959 21.18$ Parts - 14696 Fondant Ave Rental Properties Menards 79342 64.32$ Fire Department Supplies Fire Dept Menards 80083 326.93$ Fire Department Supplies Fire Dept Metering & Technology Solutions 22206 10,120.00$ Water Meters Water Utility Minnesota Recreation & Parks Assoc 2022 170.00$ Membership Dues - Rick Kieffer Parks Dept MN Government Finance Officers Assoc 14583 70.00$ Membership Dues Finance Dept Northern Technologies LLC 41452 1,451.75$ Inspection Services - Lions Park Pavilion Special Park Fund Oertel Architects 20-01.21 10,000.00$ Public Works Facility Public Works Olson's Sewer Service Inc 97286 3,758.59$ Watermain Repairs - 147th St Water Utility Press Publications 729960 25.40$ Special Meeting Notice Ordinances/Proceedings Press Publications 729961 50.80$ Planning Commission Public Hearing Notice Ordinances/Proceedings RDO Equipment Co P8533070 263.23$ Safety Gear (Tree Trimming) Street Dept SHI International Corp B14779907 406.00$ Windows Office License Public Works Stabner Electric LLC 2883 825.00$ Electrical Work - Well No. 2 Water Utility Sun Life Financial March 1,149.61$ Disability Premium Finance Dept Swingsetmall.com 1313 1,219.00$ Adaptive Swing Seat - Arbre Park Parks Dept Target Solutions Learning INV42154 2,870.09$ TSP Premier Training Software System Fire Dept Toshiba Financial Services 5018746481 148.74$ February Copier Lease Payment (New) Fire Dept Toshiba Financial Services 5018973786 148.74$ March Copier Lease Payment (New) Fire Dept Toshiba Financial Services 5018973786 (175.23)$ Credit - February Copier Lease Payment Fire Dept Page 1 City of Hugo Claims March 7, 2022 G. 1 Vendor Invoice Amount Description Department Toshiba Financial Services 5018973786 (41.00)$ Credit - Overage Charges (Color) Fire Dept Toshiba Financial Services 5018973786 (6.32)$ Credit - Overage Charges (B & W) Fire Dept Toshiba Financial Services 5717428 4.85$ Overage Charges (Color) Final Fire Dept Toshiba Financial Services 5717428 0.21$ Overage Charges (B & W) Final Fire Dept Total Control Systems Inc 10092 8,547.00$ Control Panel Upgrades - Lift Station No. 2 Sewer Utility Total Control Systems Inc 10093 8,307.00$ Control Panel Upgrades - Lift Station No. 4 Sewer Utility Total Control Systems Inc 10094 8,560.00$ Control Panel Upgrades - Lift Station No. 5 Sewer Utility Total Control Systems Inc 10095 7,760.00$ Control Panel Upgrades - Lift Station No. 8 Sewer Utility Total Control Systems Inc 10096 10,304.47$ VFD & Control Panel Upgrades - Well No. 2 Water Utility Total Control Systems Inc 10096 3,971.53$ VFD Drive - Well No. 2 Water Utility UniFirst Corporation 090 0678982 135.30$ Uniform, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 090 0680342 135.30$ Uniform, Supplies & Floor Mat Services (PW) Public Works Water Conservation Service Inc 12055 322.23$ Watermain Leak Locates (147th St) Water Utility WSB & Associates November 89,887.00$ Engineering Fees - See Attached Breakdown Various WSB & Associates December 51,964.25$ Engineering Fees - See Attached Breakdown Various Xcel Energy 51-0013009096-8 975.57$ Water Tower No. 4 Electric Water Utility Xcel Energy 51-0013297123-1 7,137.28$ Public Works Natural Gas Service Public Works Xcel Energy 51-0013297123-1 1,873.88$ Public Works Electric Service Public Works Xcel Energy 51-0013741927-6 369.42$ 14696 Fondant Avenue Gas Rental Properties Xcel Energy 51-0013741927-6 63.49$ 14696 Fondant Avenue Electric Rental Properties Zack's Inc 35432 738.63$ Towels and Gloves Public Works 334,446.35$ Total Claims for March 7, 2022 Page 2 PUBLIC WORKS MECHANIC Position Title: Public Works Mechanic Department: Public Works Immediate Supervisor’s Title: Public Works Director Pay Grade: 5 1 PURPOSE The mechanic is responsible for performing necessary maintenance and repairs to all City owned vehicles, trucks, light & heavy equipment, small engines and fire emergency vehicles. Also, assists with a variety of non-supervisory skilled, semi-skilled and manual work in the routine maintenance of municipal streets and storm sewers, water and wastewater collection systems, and City buildings, parks and other grounds. Operates a variety of equipment to plow and remove snow, sand streets, and perform other maintenance and repair work. ORGANIZATIONAL RELATIONSHIPS Reports to: Public Works Director Takes additional direction from: Public Works Lead Worker Communicates with: Internally - Other Public Works employees, City administrative staff; Fire Department staff. Externally - Contractors, suppliers, and the general public. Supervises: None. Provides some work direction to: Part-time and seasonal employees. ESSENTIAL FUNCTIONS Diagnoses and performs necessary repairs to vehicles and motorized equipment. Performs preventative and routine maintenance on all City vehicles. Performs mechanical repairs on all vehicle systems, including but not limited to: electrical, hydraulic, transmission, differential, air conditioning, heating, fuel and mechanical systems. Coordinates vehicle and equipment recall notices. Designs and implements modifications to existing equipment, as directed. Keeps work area clean, organized, safe working condition and secures parts storage areas. Maintains maintenance and repair records on all City owned vehicles and equipment. Performs building and grounds maintenance. Performs other Public Works functions, including but not limited to: repair and maintenance of City water system, sanitary/storm sewer systems, parks, roads and snowplowing. Responds to emergency callouts and available for on-call duties. Orders and maintains all in-stock parts and supplies as related to the vehicle and equipment maintenance. Manages fleet and fuel tracking systems and software. Assists with all large deliveries to the Public Works facility. Performs all necessary DOT inspections. OTHER DUTIES and RESPONSIBILITIES PUBLIC WORKS MECHANIC Position Title: Public Works Mechanic Department: Public Works Immediate Supervisor’s Title: Public Works Director Pay Grade: 5 2 May respond to resident’s questions and complaints concerning work being done while at job site. Performs other related duties as assigned by supervisor. REQUIRED KNOWLEDGE, SKILLS and ABILITIES Knowledge of relevant City policies and ordinances. Knowledge of practices, procedures, tools and equipment, and materials used in the maintenance and repair of public works infrastructure. Knowledge of MnDOT traffic control procedures. Knowledge of OSHA rules and standards and ability to apply them to daily tasks. Knowledge of traffic laws. Knowledge of City safety policies and procedures and ability to apply them to daily tasks. Skill in operating/using a variety of equipment, tools and machines. Ability to read and understand instructions, technical manuals, and other reference materials. Ability to work independently and as a member of a team without constant direct supervision. Ability to perform work requiring moderate to considerable physical effort including climbing and working at heights and below ground level. Ability to lift/manipulate objects such as manhole covers, plow blades, and equipment some weighing up to 70 pounds or more. Ability to safely enter and work in confined spaces such as lift stations. Ability to safely work around loud noise, irritants, fumes, infectious diseases, and hazardous chemicals such as chlorine, fluoride, and polyphosphate. Ability to perform mathematical calculations for some work tasks. Ability to perform in a variety of stressful situations involving the use of equipment/machinery and sometimes under urgent/emergency conditions. Machines, Tools, and Equipment Used: Trucks, loader, motor grader, sweeper, roller, tractor/mower, backhoe, skid loader, tamper, jack hammer, welder, torches, grinder, chain saw, chop saw, circular saw, general hand tools, chemical sprayer, sewer rodder, hot tar kettle, router for crack filling, black top cutter, safety tripods and harness, and traffic control equipment. WORKING CONDITIONS Regularly uses fine motors skills to coordinate eyes, hands, and feet for the operation of a variety of public works tools, machines and equipment. Regularly uses large motor skills to exert moderate to considerable physical effort while performing a variety of movements such as bending, crouching, twisting/turning, digging, and lifting. All vision abilities and senses, with PUBLIC WORKS MECHANIC Position Title: Public Works Mechanic Department: Public Works Immediate Supervisor’s Title: Public Works Director Pay Grade: 5 3 the exception of taste, may be used depending on the particular task. Exposure to irritants/fumes, hazardous substances such as chlorine/hot asphalt/tar/fuels, temperatures extremes, vibrations, infectious diseases, dust and smoke, and noise can be occasional to frequent. Must be able to work in traffic and other stressful situations. Responds to public works emergencies to include work on weekends, evenings, and at night. MINIMUM QUALIFICATIONS High school diploma or GED. Valid Minnesota Class B commercial driver’s license or ability to obtain within six months. Commercial Vehicle Inspector (DOT certified) or ability to obtain within six months. Three years of significant experience or possession of technical degree in light or heavy equipment repair and maintenance. Working knowledge of appropriate safety regulations. Must have complete set of personal hand tools. The City will typically furnish expensive power tools, computerized engine analyzers, and other diagnostic equipment. PREFERRED QUALIFICATIONS A.S.E. (Automotive Service Excellence) certified master mechanic. Five years of experience in maintenance and repair of general automotive, park maintenance equipment, light and heavy duty truck and municipal construction equipment as well as emergency vehicles. Five years of experience in diagnostics and repair of gasoline and diesel engines, hydraulic systems, electrical systems, air systems, air conditioning systems and welding applications. Experience operating type of equipment that is to be maintained (park maintenance equipment, light and heavy duty truck, municipal construction equipment and snowplowing equipment). Valid Minnesota Class A commercial driver’s license. CITY OF HUGO – JOB OPPORTUNITY Public Works Mechanic This position is responsible for performing necessary maintenance and repairs to all City owned vehicles, trucks, light & heavy equipment and fire emergency vehicles. Minimum Requirements: HS graduate or GED, valid MN Class B commercial drivers license or ability to obtain within six months, Commercial Vehicle Inspector (DOT certified) or ability to obtain within six months and 3 years of significant experience or possession of a technical degree in light/heavy equipment repair. Preferred Qualifications: A.S.E. certified master mechanic, 5 yrs. exp. in repair and diagnosis of all mechanical and computer systems and exp. operating heavy equipment. Valid MN Class A commercial driver’s license or ability to obtain within six months. The 2022 salary range for the position is $26.08 to $33.97 per hour. A complete job description and City application is available on the City’s web site at www.ci.hugo.mn.us and also at Hugo City Hall, 14669 Fitzgerald Av. N., Hugo, MN 55038, 651-762-6315. Applications will be accepted until the position is filled, but it is encouraged that they be completed and returned to the City of Hugo by 3:00 p.m., Friday, April 15, 2022. PUBLIC WORKS WORKER JOB DESCRIPTION Position Title: Public Works Worker Department: Public Works Immediate Supervisor’s Title: Public Works Director Pay Grade: 5 Page 1 of 3 Purpose Performs a variety of non-supervisory skilled, semi-skilled and manual work in the routine maintenance of municipal streets and storm sewers, water and wastewater collection systems, and City buildings, parks and other grounds. Operates a variety of equipment to plow and remove snow, sand streets, and perform other maintenance and repair work. Organizational Relationships Reports to: Public Works Director Takes additional direction from: Public Works Lead Worker Communicates with: Internally - Other public works employees, City administrative staff; Externally - Contractors, suppliers, and the general public. Supervises: None. Provides some work direction to: Part-time and seasonal employees. ESSENTIAL FUNCTIONS Perform maintenance and repairs on municipal water system: inspects and monitors city wells; computes daily pumping records and sets water tower pumping levels; collects water samples. Monitors and adjusts chemical feed pumps; maintains fluoride chlorine, and polyphosphate levels in city water system. Installs and calibrates water meters on new and existing structures; cleans and repairs water meters; reads water meters. Maintains and repairs fire hydrants including painting hydrants, flushing, and preparing hydrants for winter. Performs general maintenance to water tower and pump house buildings. Performs maintenance and repairs on municipal sewer system: inspects and monitors lift stations; computes pumping data, amounts and hours run; and maintains collection lines through jetting. Performs maintenance on lift stations and pumps including inspection of floats, alarms, valves and seals; cleans lift stations; removes and changes pumps as needed; cleans and unclogs pumps. Inspects water and sewer hook-ups; locates water and sewer lines as requested. Performs winter maintenance on streets/sidewalks/parking lots by plowing and removing snow/ice with public works equipment. PUBLIC WORKS WORKER Page 2 of 3 ESSENTIAL FUNCTIONS (cont.) Performs summer maintenance on streets and sidewalks by sweeping sand and debris; filling potholes; trimming trees; maintains road signs by repairing or replacing; inspects streets and ditches. Performs maintenance on parks and other City grounds by mowing grass and trimming weeds, planting trees and grass, and repairing ball fields. Installs and maintains safety material around playground equipment and visually inspects for wear and tear and other safety issues. Inspects and performs light maintenance on all public works machines, tools, and equipment: changes oil and filters; replaces batteries and tires. Performs light maintenance City buildings including cleaning, painting, and some repairs. Sets up holiday decorations and assists with preparation for various City events. Performs basic maintenance and repair on City buildings: repairs/replaces doors and windows; repairs roof leaks and removes snow from rooftops; fixes some plumbing problems; and performs some painting, installation of office equipment, general carpentry, and building cleaning. Keeps up-to-date on topics such as safety, loss control, and hazardous materials through meetings, seminars, and workshops. Assists with other public works activities in wastewater and line divisions; identifies problems with lift stations as needed; Other Duties and Responsibilities May respond to resident’s questions and complaints concerning work being done while at job site. May assist with setting up public buildings for meetings. Performs all other duties as assigned by supervisor. REQUIRED KNOWLEDGE, SKILLS, and ABILITIES Knowledge of relevant City policies and ordinances. Knowledge of practices, procedures, tools and equipment, and materials used in the maintenance and repair of public works infra- and superstructure. Knowledge of MnDOT traffic control procedures. Knowledge of utility locates. Knowledge of City’s superstructure and infrastructure and ability to understand/use City maps and blueprints to locate items. Knowledge of chemicals used in weed control. Knowledge of municipal water system and ability to perform water testing/sampling. Knowledge of OSHA rules and standards and ability to apply them to daily tasks. Knowledge of traffic laws. Knowledge of City safety policies and procedures and ability to apply them to daily tasks. Skill in operating/using a variety of equipment, tools and machines. Ability to read and understand instructions, technical manuals, and other reference materials. Ability to work independently and as a member of a team without constant direct supervision. Ability to perform work requiring moderate to considerable physical effort including climbing and working at heights and below ground level. Ability to lift/manipulate objects such as manhole covers, plow blades, and equipment some weighing up to 70 pounds or more. PUBLIC WORKS WORKER Page 3 of 3 Ability to safely enter and work in confined spaces such as lift stations. Ability to safely work around loud noise, irritants, fumes, infectious diseases, and hazardous chemicals such as chlorine, fluoride, and polyphosphate. Ability to perform mathematical calculations for some work tasks. Ability to perform in a variety of stressful situations involving the use of equipment/machinery and sometimes under urgent/emergency conditions. MACHINES, TOOLS, AND EQUIPMENT USED: Trucks, trucks with trailers, loader, motor grader, sweeper, roller, tractor/mower, backhoe, skid loader, tamper, jack hammer, welder, torches, grinder, chain saw, chop saw, circular saw, general hand tools, chemical sprayer, sewer jetter, hot tar kettle, router for crack filling, black top cutter, safety tripods and harness, and traffic control equipment. MINIMUM QUALIFICATIONS High school degree or equivalent. Valid Minnesota Class B commercial driver’s license or ability to obtain within six months. Ability to obtain Class D water and Class S-D wastewater licenses within two years of hire date. PREFERRED QUALIFICATIONS Valid Minnesota Class A commercial driver’s license or ability to obtain within six months. Vocational training in water/wastewater technology. Experience operating light and heavy equipment. WORKING CONDITIONS The majority of time is spent outdoors performing work and some time indoors with some tasks carried out in confined spaces or spaces of various heights. Regularly uses fine motors skills to coordinate eyes, hands, and feet for the operation of a variety of public works tools, machines and equipment. Regularly uses large motor skills to exert moderate to considerable physical effort while performing a variety of movements such as bending, crouching, twisting/turning, digging, and lifting. All vision abilities and senses, with the exception of taste, may be used depending on the particular task. Exposure to irritants/fumes, hazardous substances such as chlorine/hot asphalt/tar/fuels, temperatures extremes, vibrations, infectious diseases, dust and smoke, and noise can be occasional to frequent. Must be able to work in traffic and other stressful situations. Responds to public works emergencies to include work on weekends, evenings, and overnight. CITY OF HUGO – JOB OPPORTUNITY Public Works Maintenance Worker The City of Hugo is seeking an individual to perform a variety of skilled, semi- skilled and manual work in the routine maintenance of municipal streets and storm sewers, water and wastewater collection systems and City buildings, parks and other grounds. This position operates a variety of light and heavy equipment. Minimum Requirements: HS graduate or equivalent, valid MN Class B commercial drivers license or ability to obtain within six months and Class D water and Class SD collections systems licenses or ability to obtain within two years. Preferred Qualifications: Vocational training in water/wastewater technology. Experience operating heavy equipment including snow removal equipment and motor graders. 2022 salary range is $26.08 to $33.97 per hour. A complete job description and City application is available on the City’s web site at www.ci.hugo.mn.us and also at Hugo City Hall, 14669 Fitzgerald Av. N., Hugo, MN 55038, 651-762-6315. Applications will be accepted until the position is filled, but it is encouraged that they be completed and returned to the City of Hugo by 3:00 p.m., Friday, April 15, 2022. Agenda Number: CITY OF HUGO CITY COUNCIL AGENDA REPORT TO: Bryan Bear, City Administrator FROM: Emily Weber, Community Development Assistant SUBJECT: City of Hugo Property Line Adjustment: Property line adjustment for property located at 6900 137th Street North and 7032 137th Street North. DATE: March 2, 2022 for the City Council Meeting of March 7, 2022 ZONING: Agricultural (AG) LAND USE: Public/Quasi-Public (PQ) REVIEW DEADLINE: April 1, 2022 1. DESCRIPTION OF REQUEST: The applicant is requesting approval of a property line adjustment for two City properties located at 6900 137th Street North and 7032 137th Street North. The properties include the existing Hugo Public Works building, Rice Lake Park, and Hanifl Fields Athletic Park. The two properties are 50.27 acres and 20 acres and the applicant is proposing to adjust the property lines so that the parcels are 10 and 60.27 acres respectively. The proposed property line adjustment will result in the existing public works facility being on a separate parcel from all fields and park facilities. 2. ANALYSIS: Section 90-339 of the City’s Comprehensive Land Use Regulations states that, “where adjacent property owners desire to adjust their mutual lot line without creating a new parcel or lot of record, they may request a property line adjustment.” Subd. (2) of this section further states that, “where the adjustment of the property line between two properties retains or causes both properties to be in conformance with the City’s Comprehensive Land Use Regulation, the Zoning Administrator shall provide the application to the City Council for administrative review and consideration.” Page 2 Findings Staff finds that the property line adjustment will comply with all applicable regulations in the City Code. The proposed property line adjustment will result the existing public works facility being on a separate parcel from all fields and park facilities. 3. RECOMMENDATION: Staff recommends approval of the attached resolution approving a property line adjustment for property located at 6900 137th Street North and 7032 137th Street North. Attachments: 1. Location Map 2. Approving Resolution 3. Survey – Existing Property Lines 4. Survey – Proposed Property Lines 137th Street North Egg Lake Road North6900 137th St N and 7032 137th St N Location Map Hugo, MN Site Roads Hugo Border Parcel Boundary ¯0 500Feet1 in = 500 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2022\PW PLA.mxdSite RESOLUTION 2022- APPROVING A PROPERTY LINE ADJUSTMENT FOR CITY OF HUGO FOR PROPERTIES LOCATED AT 6900 137TH STREET NORTH 7032 137TH STREET NORTH. WHEREAS, an application has been filed by the City of Hugo that requests approval of a property line adjustment for properties located at 6900 137th Street North and 7032 137th Street North. WHEREAS, the proposed lot line adjustment would result in two parcels described as follows: (See Attached) WHEREAS, the City Council has fully considered the request for the property line adjustment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the property line adjustment for property located at 6900 137th Street North and 7032 137th Street North. ADOPTED by the City Council this 7th day of March 2022. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk Resolution 2022- Page 2 LEGAL DESCRIPTIONS Tract A: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Tract B: The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. WELL ST ST ST OCS ST S89°51'55"E 400.00 S89°54'43"E 260.00 600.001320.00 1820.00 55606055S07°54'00"W 1333.78S89°54'43"E 2398.21 S89°51'55"E 2237.62N00°59'13"E 1319.7460 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 55 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 MITIGATION EASEMENT PER DOC. NO. 3867954 S LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 NE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 N LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 E LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21W LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21N 1/4 CORNER OF SEC. 28, T. 31, R. 21 N01°52'39"E 1322.38OWNER: CITY OF HUGO ADDRESS: UNASSIGNED PID: 28.031.21.12.0002 OWNER: CITY OF HUGO ADDRESS: 6900 137TH ST N PID: 28.031.21.12.0001 100.00 100.00 140.00135.0030.00SEPTIC TANK LID 500.00 303060725.92TRACT A TRACT B 600.00 S89°51'55"E 600.07 N00°59'13"E 726.00N00°59'13"E109.01N89°51'55"W 42.00 N16°35'13"W 18.34 N00°59'13"E166.32192.90 N85°42'15"W N6 5 ° 1 2 ' 0 4 " W 174 . 9 1N00°59'13"E132.99N15°02'44"W 78.90 S85°42'15"E 131.04N04°17'45"E 30.00N00°37'49"E66.6082.38 N89°47'41"W N71° 1 7 ' 0 9 " W 1 5 6 . 3 9 521.19 616.99SW CORNER TRACT A (POINT OF COMMENCEMENT) N00°59'13"E 96.01 S89°51'55"E 190.02 N00°59'13"E 170.02S00°59'13"W 170.0296.01S00°59'13"WN00°59'13"E126.01S89°51'55"E 128.01 N89°51'55"W 40.00 S89°51'55"E 42.00 30.00S00°59'13"WN89°51'55"W 320.04 S00°05'17"W 391.88502.17 S89°35'06"W 109.47 S42°14'08"W 115.65S86°24'21"W 245.10 S00°37'49"W166.01S89°47'41"E 179.16 N69°46' 0 3 " E 93.13 N04°26'07"E93.64N20°08'12"E160.85N 4 6 ° 0 4 ' 3 3 "W 6 0 . 5 7 S71° 1 7 ' 0 9 " E 156. 3 9 N00°59'13"E 1319.74 S89°49'04"E 2617.03 S89°49'04"E 2636.15 N00°59'13"E2637.35N01°52'39"E1322.38S 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OF SEC. 28, T. 31, R. 21 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OFSEC. 28, T. 31, R. 21S89°49'04"E 5253.18 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 WSB PROJECT NO.:I HEREBY CERTIFY THAT THIS SURVEY, PLAN ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL LAND SURVEYOR UNDERTHE LAWS OF THE STATE OF MINNESOTA.DATE:REVISIONSCERTIFICATIONLIC. NO.:0 Graphic Scale (in feet) 100 200 N 1 inch = 100 feet SURVEY BY:CHECK BY: KK/TH JRH SCALE: 1" = 100' DRAWN BY: JRH 016280-000 Jeremy R. Honga580138/18/20PROJECT: 2318 ST. CROIX TRAILCLIENT: CITY OF HUGOLOCATION: HUGO, MINNESOTACERTIFICATE OF SURVEY - LOT SPLIT - PROPOSED EASEMENTS SHEET 1 OF 1CERTIFICATE OF SURVEY6900 137TH ST N, HUGO, MINNESOTAPROPERTY DESCRIPTION The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. AREAS Proposed Tract A = 435,600 Square Feet or 10.000 acres Existing Highway Easement (137th St N) = 36,004 Square Feet or 0.827 acres Proposed Tract A (Less Existing Highway Easement (137th St N)) = 399,596 Square Feet or 9.173 acres Proposed Tract B = 2,625,280 Square Feet or 60.268 acres Existing Highway Easement (137th St N) = 93,845 Square Feet or 2.154 acres Proposed Tract B (Less Existing Highway Easement (137th St N)) = 2,531,435 Square Feet or 58.114 acres SURVEY NOTES 1. The bearing system is based on the Washington County Coordinate System, NAD83 (1986 Adjust), having an assumed bearing of S89°54'43"E for the North line of the Northeast Quarter of Section 28, Township 31 North, Range 21 West. 2. Field work was completed on 8/10/2020. PROPERTY SUMMARY 1. Subject property's address is 6900 137th St N, Hugo, MN, 55038. 2. Subject property's property identification numbers are 28.031.21.12.0001 an 28.031.21.12.0002. 3. The gross area of the subject property is 3,060,880 Square Feet or 70.268 acres. 4. The subject property is zoned (AG) Agricultural, per the City of Hugo Zoning Map, dated May 2020. PROPOSED PROPERTY DESCRIPTION - TRACT A The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED PROPERTY DESCRIPTION - TRACT B The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. PROPOSED SEPTIC EASEMENT DESCRIPTION - TRACT B A permanent easement for septic purposes over, under, and across the following described property: The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. Said permanent easement is more particularly described as follows: The North 140.00 feet of the South 275.00 feet of the East 100.00 feet of the West 700.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED TRAIL EASEMENT DESCRIPTION - TRACT A A permanent easement for trail purposes over, under, and across the North 30 feet of the South 90 feet of the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED DRAINAGE & UTILITY EASEMENT DESCRIPTION - TRACT A A permanent easement for drainage & utility purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 109.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 42.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 166.32 feet; thence North 16 degrees 35 minutes 13 seconds West, a distance of 18.34 feet; thence North 85 degrees 42 minutes 15 seconds West, a distance of 192.90 feet; thence North 04 degrees 17 minutes 45 seconds East, a distance of 30.00 feet; thence South 85 degrees 42 minutes 15 seconds East, a distance of 131.04 feet; thence North 15 degrees 02 minutes 44 seconds West, a distance of 78.90 feet; thence North 65 degrees 12 minutes 04 seconds West, a distance of 174.91 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 132.99 feet; thence North 89 degrees 47 minutes 41 seconds West, a distance of 82.38 feet; thence North 71 degrees 17 minutes 09 seconds West, a distance of 156.39 feet; thence North 00 degrees 37 minutes 49 seconds East, a distance of 66.60 feet, to the north line of the above described property; thence South 89 degrees 51 minutes 55 seconds East, along said north line, a distance of 521.19 feet to the northeast corner of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along the east line thereof, a distance of 616.99 feet to the point of beginning. PROPOSED PARKING EASEMENT DESCRIPTION - TRACT A A permanent easement for parking purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 96.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 320.04 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 96.01 feet, to the south line of the above described property; thence North 89 degrees 51 minutes 55 seconds West, along said south line, a distance of 40.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 126.01 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 190.02 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 128.01 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 42.00 feet, to the east line of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along said east line, a distance of 30.00 feet to the point of beginning. LEGEND FOUND MONUMENT SET MONUMENT PROPOSED PARKING EASEMENT - TRACT A = 36,404 SQ. FT. or 0.836 ACRES PROPOSED TRAIL EASEMENT- TRACT A = 18,002 SQ. FT. or 0.413 ACRES PROPOSED DRAINAGE & UTILITY EASEMENT - TRACT A = 135,056 SQ. FT. or 3.100 ACRES PROPOSED SEPTIC EASEMENT - TRACT B = 14,002 SQ. FT. or 0.321 ACRES * SITEFOREST BLVD8 137TH ST N HOMESTEAD AVE NGOODVIEW AVE NN NOT TO SCALE SECTION CORNER K:\016280-000\Survey\Drawing\016280-000-V-LOT SPLIT-with Proposed Easements.dwg, 2/2/2022 3:34:28 PM WELL ST ST ST OCS ST S89°51'55"E 400.00 S89°54'43"E 260.00 600.001320.00 1820.00 55606055S07°54'00"W 1333.78S89°54'43"E 2398.21 S89°51'55"E 2237.62N00°59'13"E 1319.7460 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 55 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 MITIGATION EASEMENT PER DOC. NO. 3867954 S LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 NE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 N LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 E LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21W LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21N 1/4 CORNER OF SEC. 28, T. 31, R. 21 N01°52'39"E 1322.38OWNER: CITY OF HUGO ADDRESS: UNASSIGNED PID: 28.031.21.12.0002 OWNER: CITY OF HUGO ADDRESS: 6900 137TH ST N PID: 28.031.21.12.0001 100.00 100.00 140.00135.0030.00SEPTIC TANK LID 500.00 303060725.92TRACT A TRACT B 600.00 S89°51'55"E 600.07 N00°59'13"E 726.00N00°59'13"E109.01N89°51'55"W 42.00 N16°35'13"W 18.34 N00°59'13"E166.32192.90 N85°42'15"W N6 5 ° 1 2 ' 0 4 " W 174 . 9 1N00°59'13"E132.99N15°02'44"W 78.90 S85°42'15"E 131.04N04°17'45"E 30.00N00°37'49"E66.6082.38 N89°47'41"W N71° 1 7 ' 0 9 " W 1 5 6 . 3 9 521.19 616.99SW CORNER TRACT A (POINT OF COMMENCEMENT) N00°59'13"E 96.01 S89°51'55"E 190.02 N00°59'13"E 170.02S00°59'13"W 170.0296.01S00°59'13"WN00°59'13"E126.01S89°51'55"E 128.01 N89°51'55"W 40.00 S89°51'55"E 42.00 30.00S00°59'13"WN89°51'55"W 320.04 S00°05'17"W 391.88502.17 S89°35'06"W 109.47 S42°14'08"W 115.65S86°24'21"W 245.10 S00°37'49"W166.01S89°47'41"E 179.16 N69°46' 0 3 " E 93.13 N04°26'07"E93.64N20°08'12"E160.85N 4 6 ° 0 4 ' 3 3 "W 6 0 . 5 7 S71° 1 7 ' 0 9 " E 156. 3 9 N00°59'13"E 1319.74 S89°49'04"E 2617.03 S89°49'04"E 2636.15 N00°59'13"E2637.35N01°52'39"E1322.38S 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OF SEC. 28, T. 31, R. 21 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OFSEC. 28, T. 31, R. 21S89°49'04"E 5253.18 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 WSB PROJECT NO.:I HEREBY CERTIFY THAT THIS SURVEY, PLAN ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL LAND SURVEYOR UNDERTHE LAWS OF THE STATE OF MINNESOTA.DATE:REVISIONSCERTIFICATIONLIC. NO.:0 Graphic Scale (in feet) 100 200 N 1 inch = 100 feet SURVEY BY:CHECK BY: KK/TH JRH SCALE: 1" = 100' DRAWN BY: JRH 016280-000 Jeremy R. Honga580138/18/20PROJECT: 2318 ST. CROIX TRAILCLIENT: CITY OF HUGOLOCATION: HUGO, MINNESOTACERTIFICATE OF SURVEY - LOT SPLIT - PROPOSED EASEMENTS SHEET 1 OF 1CERTIFICATE OF SURVEY6900 137TH ST N, HUGO, MINNESOTAPROPERTY DESCRIPTION The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. AREAS Proposed Tract A = 435,600 Square Feet or 10.000 acres Existing Highway Easement (137th St N) = 36,004 Square Feet or 0.827 acres Proposed Tract A (Less Existing Highway Easement (137th St N)) = 399,596 Square Feet or 9.173 acres Proposed Tract B = 2,625,280 Square Feet or 60.268 acres Existing Highway Easement (137th St N) = 93,845 Square Feet or 2.154 acres Proposed Tract B (Less Existing Highway Easement (137th St N)) = 2,531,435 Square Feet or 58.114 acres SURVEY NOTES 1. The bearing system is based on the Washington County Coordinate System, NAD83 (1986 Adjust), having an assumed bearing of S89°54'43"E for the North line of the Northeast Quarter of Section 28, Township 31 North, Range 21 West. 2. Field work was completed on 8/10/2020. PROPERTY SUMMARY 1. Subject property's address is 6900 137th St N, Hugo, MN, 55038. 2. Subject property's property identification numbers are 28.031.21.12.0001 an 28.031.21.12.0002. 3. The gross area of the subject property is 3,060,880 Square Feet or 70.268 acres. 4. The subject property is zoned (AG) Agricultural, per the City of Hugo Zoning Map, dated May 2020. PROPOSED PROPERTY DESCRIPTION - TRACT A The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED PROPERTY DESCRIPTION - TRACT B The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. PROPOSED SEPTIC EASEMENT DESCRIPTION - TRACT B A permanent easement for septic purposes over, under, and across the following described property: The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. Said permanent easement is more particularly described as follows: The North 140.00 feet of the South 275.00 feet of the East 100.00 feet of the West 700.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED TRAIL EASEMENT DESCRIPTION - TRACT A A permanent easement for trail purposes over, under, and across the North 30 feet of the South 90 feet of the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED DRAINAGE & UTILITY EASEMENT DESCRIPTION - TRACT A A permanent easement for drainage & utility purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 109.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 42.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 166.32 feet; thence North 16 degrees 35 minutes 13 seconds West, a distance of 18.34 feet; thence North 85 degrees 42 minutes 15 seconds West, a distance of 192.90 feet; thence North 04 degrees 17 minutes 45 seconds East, a distance of 30.00 feet; thence South 85 degrees 42 minutes 15 seconds East, a distance of 131.04 feet; thence North 15 degrees 02 minutes 44 seconds West, a distance of 78.90 feet; thence North 65 degrees 12 minutes 04 seconds West, a distance of 174.91 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 132.99 feet; thence North 89 degrees 47 minutes 41 seconds West, a distance of 82.38 feet; thence North 71 degrees 17 minutes 09 seconds West, a distance of 156.39 feet; thence North 00 degrees 37 minutes 49 seconds East, a distance of 66.60 feet, to the north line of the above described property; thence South 89 degrees 51 minutes 55 seconds East, along said north line, a distance of 521.19 feet to the northeast corner of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along the east line thereof, a distance of 616.99 feet to the point of beginning. PROPOSED PARKING EASEMENT DESCRIPTION - TRACT A A permanent easement for parking purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 96.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 320.04 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 96.01 feet, to the south line of the above described property; thence North 89 degrees 51 minutes 55 seconds West, along said south line, a distance of 40.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 126.01 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 190.02 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 128.01 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 42.00 feet, to the east line of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along said east line, a distance of 30.00 feet to the point of beginning. LEGEND FOUND MONUMENT SET MONUMENT PROPOSED PARKING EASEMENT - TRACT A = 36,404 SQ. FT. or 0.836 ACRES PROPOSED TRAIL EASEMENT- TRACT A = 18,002 SQ. FT. or 0.413 ACRES PROPOSED DRAINAGE & UTILITY EASEMENT - TRACT A = 135,056 SQ. FT. or 3.100 ACRES PROPOSED SEPTIC EASEMENT - TRACT B = 14,002 SQ. FT. or 0.321 ACRES * SITEFOREST BLVD8 137TH ST N HOMESTEAD AVE NGOODVIEW AVE NN NOT TO SCALE SECTION CORNER K:\016280-000\Survey\Drawing\016280-000-V-LOT SPLIT-with Proposed Easements.dwg, 2/2/2022 3:34:28 PM Agenda Number: G.7 CITY OF HUGO CITY COUNCIL MEMORANDUM TO: Bryan Bear, City Administrator FROM: Emily Weber, Community Development Assistant SUBJECT: Purchase agreement between the City of Hugo and the White Bear Lake Area School District (ISD #624): To convey the existing Hugo Public Works facility located at 6900 137th Street North to the WBL School District. DATE: March 2, 2022 for the City Council Meeting of March 7, 2022 ZONING: Agricultural (AG) LAND USE: Public/Quasi-Public (PQ) 1. BACKGROUND: The existing Hugo Public Works facility is located at 6900 137th Street North and was constructed in 2004. The Public Works department has since outgrown the existing facility and after completing a facility needs study in 2019, determined that it was time to expand in order to continue to maintain the City’s growing infrastructure needs. The City considered expanding the existing PW facility, however, determined that it was more cost effective and advantageous to build a new PW facility that could accommodate for the projected growth of Hugo. The new PW facility is located on the south side of Irish Avenue Park at 8220 140th Street North. Construction is expected to be complete in March 2022 and the PW department will be relocating from the existing facility to the new facility at that time. The City of Hugo will no longer need the facility located at 6900 137th Street North and has been working with the White Bear Lake Area School District (ISD #624) on a purchase agreement to convey the existing PW facility and the 10-acre lot to the WBL School District. The WBL School District would like to purchase the property to use as their maintenance facility. The Page 2 WBL maintenance facility would be used in a similar capacity to the existing use on site and is considered an essential public service, which is allowed in the Agricultural zoning district. The purchase price for the 10-acre property is $1,000,000.00 and comes with the condition that the City has the right to repurchase the property in the future should there be a need. The proposed purchase agreement also includes four proposed easements: a trail and utility easement, a drainage and utility easement, a parking and access easement, and a septic easement. The easements generally allow the City of Hugo to maintain access to the existing parking lot, well, stormwater facilities, and community room on site. The proposed purchase agreement will still allow for public access to Rice Lake Park and Hanifl Fields Athletic Park. 2. STAFF RECOMMENDATION: Staff recommends approval of the purchase agreement to convey the existing Hugo Public Works facility located at 6900 137th Street North to the WBL School District for a purchase price of $1,000,000.00 Attachments: 1. Location Map 2. Purchase Agreement and Easements 3. Survey 137th Street North Egg Lake Road North6900 137th St N and 7032 137th St N Location Map Hugo, MN Site Roads Hugo Border Parcel Boundary ¯0 500Feet1 in = 500 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2022\PW PLA.mxdSite PURCHASE, SALE AND OPTION RIGHT AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“Agreement”) entered into this _____day of _________, 2022, by and between the City of Hugo (“Seller”), a municipal corporation and Independent School District No. 624, White Bear Lake, a public school corporation (“Buyer”). 1. Property Subject to Sale. Subject to the terms and conditions hereinafter set forth and for the consideration stated herein, Seller agrees to sell, assign and convey, and Buyer agrees to purchase and accept from Seller, all of Seller’s right, title and interest in and to the following described property (collectively, the “Property”): (a) The land and building located at 6900 137th Street North, Hugo, Minnesota, containing approximately 10 acres, together with all hereditaments and easements appurtenant thereto, legally described as: See Exhibit A; (b) All improvements and fixtures in, upon and under the land, including without limitation, the building located thereon containing approximately 25,400 square feet. (the “Improvements”); and (c) All Seller’s right, title and interest in and to all assignable licenses, permits, certificates, approvals, authorizations and variances issued for or with respect to the Property by any governmental authority and/or third party to the extent assignable (the “Licenses”). 2. Purchase Price; Earnest Money. The purchase price for the Property (the “Purchase Price”) shall be One Million and No/100 Dollars ($1,000,000.00). Buyer shall pay the Purchase Price as follows: (a) Earnest Money Deposit. As the earnest money deposit and in part payment of the Purchase Price, Buyer shall deposit into escrow with Closing Company of Buyer’s Choosing (the “Title Company”), at the Closing Company’s offices located at Address the sum of Twenty Five Thousand and No/100 Dollars ($25,000.00) within five (5) business days of the Effective Date of this Agreement (the “Earnest Money Deposit”). (b) Balance of Purchase Price. Buyer shall pay the balance of the Purchase Price (subject to adjustments, and the prorations and obligations of each party as set forth in this Agreement), in full to Seller at the Closing. Payment shall be made in immediately available U.S. funds. 3. Seller’s Deliverables and Buyer’s Investigation. (a) Seller’s Deliverables. Within ten (10) days after the Effective Date hereof, Seller shall deliver to Buyer, to the extent said documents are within Seller’s custody or control, true copies of the following records (or in the event the size or bulk of the items make it impractical to deliver, Seller shall make appropriate arrangements for Buyer to review such documents and records at a location reasonably acceptable to Buyer and Seller): (i) all building permits, surveys, site plans, architectural plans and elevations, development or marketing studies, certificates of occupancy, rental licenses, notices of completion, soil reports, engineering or laboratory or other technical reports relating to the Property or any condition on or affecting the Property; (ii) any and all environmental audits, tests or reports and other similar documents regarding the environmental condition of Property, and any other records or reports concerning the physical condition of the Property, including all Phase I, II, letters from the Minnesota Pollution Control Agency; (iii) geotechnical reports and plans; and (iv) building plans. (b) Title Insurance. Within ten (10) business days of the Effective Date, Seller, at its sole cost and expense, shall deliver to Buyer: (a) a current title insurance commitment issued by a Title Company of Buyer’s choosing, including copies of all recorded exceptions to title referred to therein, and including searches covering bankruptcies, state and federal judgments and liens, real estate taxes, and levied and pending special assessments, committing to insure title to the Property in Buyer, in the amount of the Purchase Price, by issuance of a policy of title insurance; and (b) a current survey in a form acceptable to Buyer (hereafter, collectively, the “Title Commitment”). Buyer shall be responsible for any cost related to updating the survey. Buyer shall have ten (10) business days following receipt of the Title Commitment for examination of title and making of any objections; said objections shall be made in writing or are deemed to be waived. If any objection is made, Seller shall be allowed sixty (60) days to make title marketable. Pending correction of title the Closing and the payments due hereunder shall be postponed. Upon correction of title, and within ten (10) days written notice to Buyer, the Parties shall perform this Agreement according to its terms. If the title is not made marketable within sixty (60) days, this Agreement shall be null and void, at the option of the Buyer. If Buyer elects to cancel this Agreement for the reasons set forth in this section, then the Earnest Money Deposit shall be returned to Buyer. (c) Inspection of Property. For one hundred twenty (120) days following the date Seller delivers to Buyer all deliverables outlined in Section 3(a) (the “Due Diligence Period”), or any earlier date of termination of this Agreement, Buyer shall be permitted to investigate the Property and Improvements and all matters relevant to its acquisition, ownership, operation, value, use and enjoyment, all at its sole cost and expense. Such right of investigation shall include, without limitation, Buyer’s right to have made any studies, surveys, tests or inspections of the Property that Buyer may deem necessary or appropriate. Seller shall reasonably cooperate with such investigations, inspections, or studies made by Buyer. Buyer shall provide a minimum of twenty-four (24) hour notice to Seller of intent to access the Property, and Seller shall have the right to accompany Buyer during any and all such inspections. Seller shall grant Buyer and Buyer’s agents, employees, engineers, surveyors and consultants (collectively, “Buyer’s Designees”) reasonable access to the Property, and the right to make all engineering, soils, drainage and other studies, environmental audits and other investigations of all physical, economic and other aspects of the Property as Buyer may determine necessary or appropriate. Buyer is responsible for any damages caused by its inspection, tests, etc., and is required to return the Property and Improvements to the condition in which they existed prior to the inspections, tests, etc. During the Due Diligence Period, Buyer may terminate this Agreement for any reason and have all Earnest Money paid hereunder immediately refunded. (d) No Assumption of Liabilities. Buyer shall not assume any liability or obligation in connection with the Property, including, but not limited to, the following: (i) federal, state and local income, franchise, sales, payroll or other taxes (other than real estate taxes, water and sewer charges, which shall be prorated as of the Closing) of Seller or for which Seller is liable, including any interest and/or penalties thereon; (ii) any liability the existence of which would constitute a breach of any of Seller’s representations or warranties contained in this Agreement; (iii) the obligations or liabilities of Seller under any agreements including, but not limited to, any management, maintenance or other agreement relating directly or indirectly to the Property or its operation or any and all contracts; (iv) any litigation concerning any portion of the Property or the operation of the improvements (if any) filed or arising from events occurring prior to the Closing; (v) any issues relating to employees of Seller, including, without limitation, the payment of all employment taxes, FICA and other similar items; (vi) any sales tax relating to any transaction occurring prior to the Closing; and (vii) any liability or obligation of Seller which arises from acts, omissions, or occurrences that take place prior to the Closing; and Seller covenants and agrees that all such liabilities shall be paid in full by Seller as of Closing. 4. Representations and Warranties. Seller hereby warrants and represents to Buyer as follows: (a) To Seller’s knowledge, and except as shown in the Title Commitment, there are not any special assessments or outstanding obligations (contingent or otherwise) (collectively “Assessments”) with respect to the Property or any part thereof, nor are there any pending condemnation actions, nor has Seller any knowledge of any Assessments or condemnation actions being contemplated or threatened; nor has Seller received any notice of any possible Assessment; nor has any governmental agency served any notice on Seller or its agents requiring alteration or correction of any existing conditions of the Property; (b) To Seller’s knowledge, there is no litigation pending or threatened against the Property and Seller has performed all obligations required to be performed of it in connection with the Property and Seller is not in default under any contract, agreement, lease, or other agreement relating to the Property; (c) This Agreement has been, and all the documents required in connection with the conveyance of the Property to be delivered by Seller to Buyer at Closing will be, duly authorized, executed, and delivered by Seller and are or will be legal, valid, and binding obligations of Seller and the conveyance of the Property will not violate any applicable statutes, ordinances, restrictions and/or agreements; (d) Seller is not a “foreign person” within the meaning of Sections 1445(f)(3) and 7701(a)(30) of the Internal Revenue Code and that Seller will furnish to Buyer, at or prior to Closing, an affidavit in form satisfactory to Buyer confirming the same; (e) There are no (nor will there be at Closing) any outstanding leases, agreements (except for the agreements referenced in Section 16 hereof), or contracts, which are not fully and completely cancelable by Seller; (f) The Improvements located on the Property conform with all applicable zoning laws and building codes and ordinances and are entirely within the boundary lines of the Property and Seller has no knowledge of any encroachment or projections by any structure upon the Property; (g) To Seller’s knowledge, the Property has not been used for any disposal, storage, treatment, processing or other handling of, and there is otherwise no presence on the Property of, any Hazardous Materials in violation of Environmental Laws (hereinafter defined). As used herein, the term “Hazardous Material” shall mean any hazardous or toxic waste, substance or material in any composition or quantity (i) which violates any standards, guidelines, limitations or requirements arising under any federal, state or local law pertaining to environmental protection or established by any governmental authority (“Environmental Laws”), or (ii) which is customarily remediated, or recommended to be remediated, under prevailing standards in the environmental engineering industry; (h) To Seller’s knowledge there are no easements or rights-of-way affecting any or all of the Property, except as shown on the Title Commitment and/or the Survey; (i) To Seller’s knowledge, all installation and connection fees and charges for all utilities servicing the Property, including, without limitation, electricity, gas, water, sewer, and telephone have been paid in full; (j) Seller has no knowledge of any fact, condition, or action, presently contemplated, or threatened, which would or may result in the termination or impairment of access to and from the Property as such access presently exists, and to Seller’s knowledge, Seller is not in violation of any easements, rights-of-way, conditions, covenants and restrictions, licenses or other agreements burdening the Property; (k) As of Closing, no persons or entities other than Buyer shall have any right to possession or use of the Property by, through or under Seller for any reason whatsoever, except for those rights of tenants conferred pursuant to the Assumed Leases; (l) Other than those agreements disclosed to Buyer in writing pursuant to Section 3(a), Seller has no knowledge of any service or other contracts, agreements or equipment leases relating to the operation, maintenance, service, repair or management of the Property; (m) To Seller’s knowledge, at the Effective Date hereof and as of the Closing Date, all wiring, plumbing, and other mechanical equipment and systems used in connection with or located on the Property is in proper working order and condition. Each of the representations, covenants and warranties contained in this Agreement are acknowledged by Seller to be material and to be relied upon by Buyer in proceeding with the transaction contemplated herein, shall be deemed to have been remade by Seller as of the Closing Date. The express representations and warranties made in this Agreement shall not merge into any instrument or conveyance delivered at the Closing, and as such, shall survive the closing of this transaction. No representation or warranty made herein by Seller, nor any statement, information or document given or to be given by Seller to Buyer contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained herein not misleading. 5. Covenants of Seller. Seller hereby covenants to Buyer as follows: (a) Operation of the Property. Until Closing or the earlier termination of this Agreement, Seller shall: (i) Not do anything, nor permit or suffer anything to be done, which would impair or modify the status of title as shown on the Title Commitment; (ii) Operate and maintain the Property in substantially the same manner as it was being operated and maintained prior to this Agreement; (iii) Promptly pay all utilities, charges, trade payables, and other operating expenses in the ordinary course of the operation of the Improvements and/or the Property, as the same become due and owing; and (b) Termination of Agreements. As of or prior to Closing, Seller shall terminate all service contracts, agreements, and/or contracts relating to the Property (except for the Assumed Leases), and Seller shall bear all termination fees or charges or other remaining obligations or liabilities attributable to these terminated agreements. Buyer may waive Seller’s Termination of Agreements covenant upon written notice of the specific service contract, agreement, and/or contract which it does not want terminated. (c) Cooperation. Seller agrees to reasonably cooperate with Buyer after the Closing to provide for the orderly transition of ownership of the Improvements and Personal Property, including, without limitation, the communication with vendors and suppliers, employees, governmental authorities and other parties.’ 6. Buyer’s Representations, Warranties and Covenants. (a) Buyer is a public school corporation under the laws of the State of Minnesota and has full right, power, and authority to enter into this transaction. (b) The persons signing this Agreement on behalf of Buyer have been duly authorized to sign this Agreement and to bind the Buyer. (c) The signing of this Agreement, and the performance of the obligations and duties imposed upon Buyer by this Agreement, will not violate or cause a breach in any other agreement, arrangement, order or ordinance to which Buyer is a party or to which it is subject. 7. Contingencies and Conditions to Closing. During the Due Diligence Period, Buyer shall have the right to do the following, at its sole discretion, and to determine that the Property is satisfactory for its purposes: (a) Site Approval. Inspect the Property and determine that it is satisfactory for its intended use. Notwithstanding the above, Seller shall be under no obligation to make any repair or modification to the Property or the Improvements. Buyer is purchasing the Property and Improvements “as is”. (b) Environmental. Perform such environmental tests and inspections it deems fit. Buyer may, at its sole discretion, obtain environmental reports so that Buyer may assess the environmental condition of the Property. Buyer shall pay all costs and expenses relating to the testing of the Property and shall indemnify and hold Seller harmless from such expenses. Buyer shall obtain Seller’s prior written permission to conduct any invasive tests on the Property, and Seller shall not unreasonably withhold said permission. Buyer is responsible for any damages caused by its inspection, tests, etc., and is required to return the Property to the condition in which it existed prior to the inspections, tests, etc. (c) Regulatory and Land Use Approvals. Determine that zoning and other governmental requirements are sufficient to allow Buyer to conduct its intended business in the Property and, as necessary, obtain all licenses, permits, and other authorizations needed to operate school district grounds and maintenance department on the property intended by Buyer. (d) Plans and Drawings. Review all constructions plans, including architectural, mechanical, and electrical plans. (e) Records. Review the other records provided by Seller pursuant to section 3(a) of this Purchase Agreement. (f) Extension of Due Diligence Period. Buyer shall be entitled to a one-time reasonable extension of the Due Diligence period to meet the contingencies outlined above in this Section 7. Prior to the expiration of the Due Diligence Period, Buyer shall provide Seller with written notice of: (1) its election to extend the Due Diligence Period and (2) the amount of time it needs to meet the contingencies in Section 7 not to exceed an additional sixty (60) days. 8. Closing Date and Closing Documents. (a) Closing Date. The closing (the “Closing”) shall take place at Title Company of Buyer’s Choosing within thirty (30) days of the end of the Due Diligence Period (“Closing Date”). Seller shall deliver possession of the Property on the Closing Date. (b) Closing Documents. Seller shall deliver or cause to be delivered to Buyer at the Closing all documents necessary or desirable to complete the transaction contemplated hereby, including but not limited to, the following: (i) Warranty Deed. A limited warranty deed conveying marketable title to Buyer, subject to the following exceptions: (a) building and zoning laws, ordinances and state and federal regulations; (b) utility and drainage easements which do not interfere with the Improvements; and (c) reservation of any mineral or mineral rights to the State of Minnesota; and (ii) Bill of Sale. A bill of sale conveying to Buyer all of Seller’s right, title and interest in and to any Personal Property included in the sale, free of any and all liens, encumbrances, restrictions or other matters affecting title thereto; and (iii) Easements. The Easement Agreements required by Section 16 hereof shall be delivered by Seller and Buyer in a mutually acceptable form. 9. Adjustments and Prorations. The following adjustments and prorations shall be made as of the Closing Date. (a) Taxes. Real Property taxes payable in the year of Closing shall be prorated to the Closing Date, with Seller responsible for the prorated costs prior to and including the Closing Date. Seller shall be responsible for special assessments levied or pending as of the Closing Date. (b) Utilities. All utilities in connection with the Property shall be prorated to the Closing Date. (c) Closing Costs. Seller shall pay the cost of recording any instruments required to discharge any liens or encumbrances against the Property, any real estate transfer or deed tax or fee applicable to the transaction contemplated herein and Seller’s customary closing costs. Buyer shall pay for all premiums for Title Insurance, the fee for recording the Deed, any mortgage registration tax, and Buyer’s customary closing costs. Each party shall pay for its own legal, accounting, or other advisors’ costs. Buyer and Seller shall split escrow fees evenly. (d) Operating Expenses. All current operating expenses for the Real Property shall be prorated to the Closing Date. 10. Casualty Damage. In the event that the Property or any portion thereof shall be damaged by any casualty occurring prior to Closing, this Agreement shall be null and void, at Buyer’s option, and all Earnest Money paid hereunder shall be immediately refunded to Buyer. Seller shall promptly give Buyer written notice of any such casualty occurrence. If Buyer elects to consummate the transaction, Buyer shall be entitled to any and all insurance proceeds payable to Seller as a result of such casualty, regardless of whether such proceeds are payable prior to, on or after the Closing Date. In the event Buyer elects to consummate this transaction, Seller agrees that it will not make any adjustment or settlement of any insurance proceeds without Buyer’s prior written consent, which may be withheld in Buyer’s discretion. 11. Condemnation. If prior to Closing there arises any actual or threatened condemnation or exercise of eminent domain for the taking of all or any part of the Property, or any actual or threatened proceeding for the closure or impairment of access to the Property, Seller shall promptly notify Buyer upon becoming aware of the same. Buyer at its election may then terminate this Agreement and the Earnest Money paid hereunder shall be immediately refunded to Buyer. If Buyer shall not elect to so terminate this Agreement, this Agreement shall remain in full force and effect in accordance with its other provisions and if the sale and purchase contemplated hereunder closes, Buyer shall be entitled to any and all condemnation awards or similar compensation payable to Seller as a result of such condemnation, regardless of whether such awards or compensation are payable prior to, on or after the Closing Date. 12. Environmental. In the event that Seller discloses actual or threatened contamination of the Property to Buyer or if Buyer’s environmental testing discloses actual or threatened contamination, then Buyer, at its election, may either terminate this Agreement during the Due Diligence Period and receive a full refund of all Earnest Money paid or proceed with the transaction contemplated hereby. 13. Broker and Commissions. Each party agrees to defend, indemnify, hold the other harmless of and from any and all claims, loss, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by the indemnified party arising out of, or resulting from, any claim by any broker or finder to the extent based upon any statement, representation or agreement made by the indemnifying party. The provisions of this Section 13 shall survive Closing. 14. Default. (a) Buyer Default. IF BUYER FAILS TO CLOSE THE PURCHASE OF THE PROPERTY FOR ANY REASON OTHER THAN SELLER’S DEFAULT OR PURSUANT TO A REASON LISTED THIS AGREEMENT, THEN SELLER MAY, AT ITS SOLE DISCRETION, TERMINATE THIS AGREEMENT AND RETAIN THE EARNEST MONEY AS LIQUIDATED DAMAGES. (b) Seller Default. IF SELLER FAILS TO CLOSE THE SALE OF THE PROPERTY FOR ANY REASON OTHER THAN BUYER’S DEFAULT, THEN BUYER MAY, AT ITS SOLE DISCRETION, TERMINATE THIS AGREEMENT AND HAVE THE EARNEST MONEY RETURNED. 15. General Provisions. The parties further agree as follows: (a). Time. Time is of the essence for this Agreement. (b) Entire Agreement. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. This Agreement contains the entire agreement between the parties relating to the purchase and sale of the Property. All prior negotiations between the parties are merged in this Agreement and there are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between the parties other than as set forth herein. (d) Governing Law. This Agreement shall be construed and enforced in accordance with laws of the State of Minnesota. (e) Survival. All of the parties’ representations, warranties, covenants and agreements hereunder, to the extent not fully performed or discharged through the Closing, shall not be deemed merged into any instrument delivered at that Closing and shall remain fully enforceable thereafter and shall survive Closing to the extent and subject to the limitations otherwise provided in this Agreement. This shall include any provision of Paragraph 16 hereof. (f) Notices. All notices, demands or other communications required or permitted to be given hereunder shall be in writing, in person, by mail with postage prepaid or by overnight courier service, at the following addresses: 16. Special Provisions. The Agreement is subject to the following special provisions which shall survive closing and delivery of any deed herein: (a) Option Right to Repurchase. Seller shall have the right to repurchase the Property on the 15th, 20th and 25th anniversaries of the date hereof by giving Buyer three years’ written advance notice of said election to repurchase. The repurchase price shall be at the Purchase Price set forth in paragraph two hereof, increased by 3% per year on an annually compounded basis. Said compounding to occur only after the 7th year following this Agreement. Should the seller exercise their right to repurchase the property the City and the District will work together to identify a suitable potential replacement site. (b) Use of Community Room. Buyer shall allow Hugo and its guests and invitees continued exclusive dominion and use of the community room on the Property. The purpose is to ensure open and ongoing use of the room for community purposes., It would be made available to community groups, the school district and the public for events, activities, celebrations, etc by the city, with reservations and scheduling handled by City staff. The City will adopt a policy acceptable to it for prioritization of use. The City will provide janitorial services for the room. The City may choose to maintain/replace or upgrade furniture and add A/V equipment or other amenities to the room. The School District will pay electricity, as the room is not metered separately and furnish at all times utility service to the room. The School District will not pay a fee to use the room. (c) Snow Removal – The City agrees to plow snow from District driveway and parking lots identified in the parking and access easement description. (d) Maintenance of Building and Grounds. The District agrees to maintain the building and grounds in good condition, reasonable wear and tear excepted provided, however, that reasonable wear and tear shall be periodically corrected. (e) Easement Agreements. Seller and Buyer shall execute and cause to be recorded the Trail, Parking and Access, Septic, and Drainage, Utility, and Well Easements and Memorandum of Option attached hereto as Exhibits B- F. IF TO SELLER: Hugo City Hall_____________ 14669 Fitzgerald Avenue North Hugo, MN 55038___________ Attn: City Administrator____ IF TO BUYER: White Bear Lake Area Schools 4855 Bloom Avenue________ White Bear Lake, MN 5110__ Attn: Superintendent_____ IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. SELLER: CITY OF HUGO By: Its: By: Its: BUYER: INDEPENDENT SCHOOL DISTRICT NO. 624, WHITE BEAR LAKE AREA SCHOOLS By: Its: By: Its: Legal description for property located at 6900 137th Street North: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. EXHIBIT AEXHIBIT A (top 3 inches reserved for recording) DRAINAGE, UTILITY AND WELL EASEMENT AGREEMENT This Drainage, Utility and Well Easement Agreement is entered into by and between Independent School District No. 624, White Bear Lake Area Schools (“Grantors”), and the City of Hugo, a municipal corporation under the laws of Minnesota (“Grantee”). RECITALS WHEREAS, Grantor has acquired property from Grantee; and WHEREAS, Grantee requires a permanent drainage and utility easement over a portion of Grantor’s property, which portion is legally described in Exhibit A (“Drainage and Utility Easement Area”); and WHEREAS, Grantee also requires a well easement over a portion of Grantor’s property, which portion is also legally described in Exhibit A (“Well Easement Area”); and WHEREAS, Grantor agrees to grant a permanent drainage and utility easement and a well easement to Grantee according to the terms and conditions contained herein. TERMS OF EASEMENT NOW THEREOFRE, IN CONSIDERATION OF the foregoing and the mutual promises and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Grant of Drainage and Utility and Well Easements. Grantor hereby grants and conveys to Grantee a permanent drainage and utility easement over, under, and across the area as described in the attached Exhibit A. Grantor also hereby grants and conveys to Grantor a permanent well easement over, under, and across the area described in Exhibit A. 2.Scope of Drainage and Utility Easement. The drainage and utility easement granted hereunder includes the right of Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purposes of construction, grading, sloping, maintenance, and restoration purposes, and all purposes ancillary thereto, together with the right to remove trees, shrubs, or other vegetation in the Exhibit A Easement Area, as necessary to utilize the Easement Area for the intended drainage and utility purposes. EXHIBIT B 3.Scope of Well Easement. The well easement granted hereunder includes the right of Grantee, its contractors, agents, and employees to enter upon said premises at all reasonable times for the purpose of installation, reinstallation, service and maintenance of the well located in the Exhibit A Well Easement Area 4.Obligations to Maintenance and Repair. Grantee shall, at its own expense, maintain the stormwater pond and piping located in the Exhibit A Easement Area. Grantee shall also, at its expense, maintain the well located in the Exhibit A Well Easement Area. 5.Warranty of Title. Grantor warrants it is the owner of the property and has the right, title and capacity to convey to Grantee the easement described herein. 6. Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on Grantor and its successors and assigns. STATE DEED TAX DUE HEREON: NONE Dated this ____ day of _______________, 2022. Grantor: INDEPENDENT SCHOOL DISTRICT NO. 624, WHITE BEAR LAKE AREA SCHOOLS ________________________________ School Board Chair ________________________________ School Board Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2022, by Jessica Ellison, School Board Chair, and Angela Thompson, School Board Clerk, of Independent School District No. 624, on behalf of the District pursuant to the authority granted by the School Board. ___________________________ Notary Public Grantee: City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, before me, a Notary Public, personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: Rupp, Anderson, Squires & Waldspurger, P.A. 333 South Seventh Street, Suite 2800 Minneapolis, MN 55402 EXHIBIT A Legal Description of Drainage, Utility, and Well Easement: A permanent easement for drainage & utility purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 109.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 42.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 166.32 feet; thence North 16 degrees 35 minutes 13 seconds West, a distance of 18.34 feet; thence North 85 degrees 42 minutes 15 seconds West, a distance of 192.90 feet; thence North 04 degrees 17 minutes 45 seconds East, a distance of 30.00 feet; thence South 85 degrees 42 minutes 15 seconds East, a distance of 131.04 feet; thence North 15 degrees 02 minutes 44 seconds West, a distance of 78.90 feet; thence North 65 degrees 12 minutes 04 seconds West, a distance of 174.91 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 132.99 feet; thence North 89 degrees 47 minutes 41 seconds West, a distance of 82.38 feet; thence North 71 degrees 17 minutes 09 seconds West, a distance of 156.39 feet; thence North 00 degrees 37 minutes 49 seconds East, a distance of 66.60 feet, to the north line of the above described property; thence South 89 degrees 51 minutes 55 seconds East, along said north line, a distance of 521.19 feet to the northeast corner of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along the east line thereof, a distance of 616.99 feet to the point of beginning. NON-EXCLUSIVE PARKING AND ACCESS EASEMENT AGREEMENT THIS NON-EXCLUSIVE PARKING AND ACCESS EASEMENT AGREEMENT is made on this day ____ of _____________, 2022, by and between Independent School District No. 624, White Bear Lake Area Schools (“Grantor”).and the City of Hugo, a Minnesota municipal corporation, (“City”) or (“Grantee”). RECITALS WHEREAS, the City is the fee owner of real property located in Washington County, Minnesota, which contains varied recreational facilities that are maintained by the City (“Facilities”); and which property is legally described in the attached Exhibit A. WHEREAS, Grantor is the owner of real property located in Washington County, Minnesota which includes a parking lot and is legally described in the Attached Exhibit B. WHEREAS, the Exhibit A City Parcel abuts the Exhibit B Grantor Parcel; WHEREAS, the City desires a non-exclusive easement for pedestrian and vehicular access and parking purposes over the Exhibit B Grantor Parcel to serve the City Parcel and the easement is described is Exhibit C and depicted in Exhibit D; NOW, THEREFORE, for valuable consideration, the parties do hereby agree as follows: 1.Easement. Grantor hereby grants, creates and establishes for the benefit of the City Parcel, the City, its employees, agents, contractors, customers, guests, licensees, invitees, successors and assigns, a non-exclusive easement in, to, over, across and through the Grantor Parcel for the following purposes: EXHIBIT C A. An easement to use the parking areas and drive aisles as currently constructed on the Grantor Parcel as described in Exhibit C, attached hereto (“Parking Lot”) for the parking of vehicles and passage of vehicles and pedestrians and B. An easement over, upon and across the various drive aisles within Grantor’s Parcel to provide passage by vehicles and pedestrians to the City Parcel from the adjoining right of way. 2.Rights and Responsibilities. Use of the Grantor’s Parcel pursuant to this Agreement is subject to the following rights, responsibilities, and limitations: A. Grantor shall have the exclusive right to use Grantor’s Reserved Parking Area and agrees to provide appropriate signage designating the parking spaces accordingly. B. No changes to the layout of the Parking Lot or drive aisle within the Parking Lot shall be made by Grantor, unless the parties to this Agreement have amended the Agreement to address the rights to use of the revised parking areas and drive aisles. 3.Construction and Maintenance. A. Duty to Maintain. Grantor shall be responsible for maintaining, improving and repairing the Parking Lot, to keep the Parking Lot in good repair. The foregoing obligations to maintain, repair and when necessary, replace the improvements, shall include without limitation; (i) keeping all portions of the Parking Lot in a clean and sanitary condition; (ii) keeping all marking and directional signs in the Parking Lot, if any, clear, distinct, and legible; and (iii) maintaining, patching, sealing, removing, and replacing the surface areas in the Parking Lot as reasonably necessary. Snow Removal- The City agrees to plow snow from the District driveway and parking lots identified in the parking and access easement description. B. No Barriers. No fence, division, rail, hedge, wall, planting, material, structure, or other obstruction of any type may be erected, permitted, or maintained within the Grantor Parcel, if doing so will interfere with the rights set forth in this Agreement, including access and use of the Parking Lot and access to the City parcel. The City shall have the right to remove any obstructions or structures not permitted by this Agreement. 4.Indemnification. Each Party shall indemnify, defend, and hold the other Party harmless from and against all claims, demands, actions, legal proceedings, causes of action and liability, or any nature (including without limitation costs and reasonable attorneys’ fees), arising out of or relating to personal injury or damage to property occasioned by any action or omission of such party or the Party’s tenant, subtenants, agents, employees, licensees, invites, and permitees on the Parking Lot or arising out of or relating to the party’s failure to comply with the terms of this Agreement. To the extent permitted by law, nothing in this Agreement shall be deemed a waiver of any limitation of liability or defenses by the City under Minnesota Statutes Chapter 466 of any other provision of law. 5.Insurance. Each party shall, at its own expense, maintain and keep in force comprehensive general liability insurance against claims for personal injury, death or property damage arising in connection with this Agreement in at least the limits set forth in Minnesota Statutes, section 466.04, as amended. The insurance coverage required under this Agreement shall extend to any liability of the Parties arising out of the above indemnities. The Parties shall provide proof of such insurance to each other upon written request. The Parties shall notify each other immediately if there is a lapse in insurance coverage. 6.Real Estate Taxes. Grantor shall be solely responsible for any real estate taxes and assessments on Grantor’s Parcel. 7.No Partnership or Joint Venture. None of the terms or provisions of this Agreement shall be deemed to create the relationship of principal, agent, partnership, or joint venture between the Parties. 8.Amendment. This Agreement may only be amended, changed, or terminated by written agreement signed by the then existing owners of the Grantor Parcel and City Parcel. 9.Waiver. Failure to enforce any covenant or condition of this Agreement shall not be deemed to be a waiver of the right to do so after that. No waiver by any Party of any covenant or condition of this Agreement shall be effective or binding on the party unless made in writing and no waiver will be implied from any omission by a party to take action with respect to the covenant or condition. The express waiver of any covenant or condition will not be a waiver or any other covenant or condition to cover any other period of time except for the covenant or condition and the period of time specified in the express waiver. 10.Covenant Running With Land. This Agreement shall be a covenant running with the land and shall be binding upon and inure to the benefit of the owners from time to time of the City Parcel. 11.Severability. The invalidity of any portion of this Agreement shall not impair in any manner the validity, enforceability or effect of the rest of this Agreement. 12.Counterparts. This Agreement may be executed in two or more counterparts each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 13.Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota. 14.Warranty of Title. Grantor represents and warrants to the City that Grantor is the only owner of fee simple title to the Easement Area, and that there are no owners or mortgages, contract for deed, leases, rental agreements, occupancy agreements, or any other encumbrances or verbal or written agreements of any nature whatsoever affecting title to the Easement Area. 15.Termination. If the City decommissions the Exhibit A City Parcel for all public recreational purposes, this Easement Agreement shall automatically terminate. [Remainder of page intentionally left blank.] [Signature pages to follow] IN TESTIMONY WHEREOF, the parties have executed this Agreement this ____ day of _______________, 2022. Grantor: INDEPENDENT SCHOOL DISTRICT NO. 624, WHITE BEAR LAKE AREA SCHOOLS ________________________________ School Board Chair ________________________________ School Board Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2022, by Jessica Ellison , School Board Chair, and Angela Thompson, School Board Clerk, of Independent School District No. 624, on behalf of the District pursuant to the authority granted by the School Board. ___________________________ Notary Public Grantee: City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, before me, a Notary Public, personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public DRAFTED BY: Rupp, Anderson, Squires & Waldspurger, P.A. 333 South Seventh Street, Suite 2800 Minneapolis, MN 55402 (612) 436-4300 EXHIBIT A Legal Description of City of Hugo (Grantee) Property: The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. EXHIBIT B Legal Description of ISD #624, White Bear Lake Area Schools (Grantor) Property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. EXHIBIT C Legal Description of Parking and Access Easement: A permanent easement for parking purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 96.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 320.04 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 96.01 feet, to the south line of the above described property; thence North 89 degrees 51 minutes 55 seconds West, along said south line, a distance of 40.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 126.01 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 190.02 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 128.01 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 42.00 feet, to the east line of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along said east line, a distance of 30.00 feet to the point of beginning. WELL ST ST ST OCS ST S89°51'55"E 400.00 S89°54'43"E 260.00 600.001320.00 1820.00 55606055S07°54'00"W 1333.78S89°54'43"E 2398.21 S89°51'55"E 2237.62N00°59'13"E 1319.7460 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 55 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 MITIGATION EASEMENT PER DOC. NO. 3867954 S LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 NE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 N LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 E LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21W LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21N 1/4 CORNER OF SEC. 28, T. 31, R. 21 N01°52'39"E 1322.38OWNER: CITY OF HUGO ADDRESS: UNASSIGNED PID: 28.031.21.12.0002 OWNER: CITY OF HUGO ADDRESS: 6900 137TH ST N PID: 28.031.21.12.0001 100.00 100.00 140.00135.0030.00SEPTIC TANK LID 500.00 303060725.92TRACT A TRACT B 600.00 S89°51'55"E 600.07 N00°59'13"E 726.00N00°59'13"E109.01N89°51'55"W 42.00 N16°35'13"W 18.34 N00°59'13"E166.32192.90 N85°42'15"W N6 5 ° 1 2 ' 0 4 " W 17 4 . 9 1N00°59'13"E132.99N15°02'44"W 78.90 S85°42'15"E 131.04N04°17'45"E 30.00N00°37'49"E66.6082.38 N89°47'41"W N71° 1 7 ' 0 9 " W 1 5 6 . 3 9 521.19 616.99SW CORNER TRACT A (POINT OF COMMENCEMENT) N00°59'13"E 96.01 S89°51'55"E 190.02 N00°59'13"E 170.02S00°59'13"W 170.0296.01S00°59'13"WN00°59'13"E126.01S89°51'55"E 128.01 N89°51'55"W 40.00 S89°51'55"E 42.00 30.00S00°59'13"WN89°51'55"W 320.04 S00°05'17"W 391.88502.17 S89°35'06"W 109.47 S42°14'08"W 115.65S86°24'21"W 245.10 S00°37'49"W166.01S89°47'41"E 179.16 N69°46' 0 3 " E 93.13 N04°26'07"E93.64N20°08'12"E160.85N 4 6 ° 0 4 ' 3 3 "W 6 0 . 5 7 S71° 1 7 ' 0 9 " E 156. 3 9 N00°59'13"E 1319.74 S89°49'04"E 2617.03 S89°49'04"E 2636.15 N00°59'13"E2637.35N01°52'39"E1322.38S 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OF SEC. 28, T. 31, R. 21 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OFSEC. 28, T. 31, R. 21S89°49'04"E 5253.18 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 WSB PROJECT NO.:I HEREBY CERTIFY THAT THIS SURVEY, PLAN ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL LAND SURVEYOR UNDERTHE LAWS OF THE STATE OF MINNESOTA.DATE:REVISIONSCERTIFICATIONLIC. NO.:0 Graphic Scale (in feet) 100 200 N 1 inch = 100 feet SURVEY BY:CHECK BY: KK/TH JRH SCALE: 1" = 100' DRAWN BY: JRH 016280-000 Jeremy R. Honga580138/18/20PROJECT: 2318 ST. CROIX TRAILCLIENT: CITY OF HUGOLOCATION: HUGO, MINNESOTACERTIFICATE OF SURVEY - LOT SPLIT - PROPOSED EASEMENTS SHEET 1 OF 1CERTIFICATE OF SURVEY6900 137TH ST N, HUGO, MINNESOTAPROPERTY DESCRIPTION The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. AREAS Proposed Tract A = 435,600 Square Feet or 10.000 acres Existing Highway Easement (137th St N) = 36,004 Square Feet or 0.827 acres Proposed Tract A (Less Existing Highway Easement (137th St N)) = 399,596 Square Feet or 9.173 acres Proposed Tract B = 2,625,280 Square Feet or 60.268 acres Existing Highway Easement (137th St N) = 93,845 Square Feet or 2.154 acres Proposed Tract B (Less Existing Highway Easement (137th St N)) = 2,531,435 Square Feet or 58.114 acres SURVEY NOTES 1. The bearing system is based on the Washington County Coordinate System, NAD83 (1986 Adjust), having an assumed bearing of S89°54'43"E for the North line of the Northeast Quarter of Section 28, Township 31 North, Range 21 West. 2. Field work was completed on 8/10/2020. PROPERTY SUMMARY 1. Subject property's address is 6900 137th St N, Hugo, MN, 55038. 2.Subject property's property identification numbers are 28.031.21.12.0001 an 28.031.21.12.0002. 3. The gross area of the subject property is 3,060,880 Square Feet or 70.268 acres. 4. The subject property is zoned (AG) Agricultural, per the City of Hugo Zoning Map, dated May 2020. PROPOSED PROPERTY DESCRIPTION - TRACT A The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED PROPERTY DESCRIPTION - TRACT B The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. PROPOSED SEPTIC EASEMENT DESCRIPTION - TRACT B A permanent easement for septic purposes over, under, and across the following described property: The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. Said permanent easement is more particularly described as follows: The North 140.00 feet of the South 275.00 feet of the East 100.00 feet of the West 700.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED TRAIL EASEMENT DESCRIPTION - TRACT A A permanent easement for trail purposes over, under, and across the North 30 feet of the South 90 feet of the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED DRAINAGE & UTILITY EASEMENT DESCRIPTION - TRACT A A permanent easement for drainage & utility purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 109.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 42.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 166.32 feet; thence North 16 degrees 35 minutes 13 seconds West, a distance of 18.34 feet; thence North 85 degrees 42 minutes 15 seconds West, a distance of 192.90 feet; thence North 04 degrees 17 minutes 45 seconds East, a distance of 30.00 feet; thence South 85 degrees 42 minutes 15 seconds East, a distance of 131.04 feet; thence North 15 degrees 02 minutes 44 seconds West, a distance of 78.90 feet; thence North 65 degrees 12 minutes 04 seconds West, a distance of 174.91 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 132.99 feet; thence North 89 degrees 47 minutes 41 seconds West, a distance of 82.38 feet; thence North 71 degrees 17 minutes 09 seconds West, a distance of 156.39 feet; thence North 00 degrees 37 minutes 49 seconds East, a distance of 66.60 feet, to the north line of the above described property; thence South 89 degrees 51 minutes 55 seconds East, along said north line, a distance of 521.19 feet to the northeast corner of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along the east line thereof, a distance of 616.99 feet to the point of beginning. PROPOSED PARKING EASEMENT DESCRIPTION - TRACT A A permanent easement for parking purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 96.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 320.04 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 96.01 feet, to the south line of the above described property; thence North 89 degrees 51 minutes 55 seconds West, along said south line, a distance of 40.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 126.01 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 190.02 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 128.01 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 42.00 feet, to the east line of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along said east line, a distance of 30.00 feet to the point of beginning. LEGEND FOUND MONUMENT SET MONUMENT PROPOSED PARKING EASEMENT - TRACT A = 36,404 SQ. FT. or 0.836 ACRES PROPOSED TRAIL EASEMENT- TRACT A = 18,002 SQ. FT. or 0.413 ACRES PROPOSED DRAINAGE & UTILITY EASEMENT - TRACT A = 135,056 SQ. FT. or 3.100 ACRES PROPOSED SEPTIC EASEMENT - TRACT B = 14,002 SQ. FT. or 0.321 ACRES * SITEFOREST BLVD8 137TH ST N HOMESTEAD AVE NGOODVIEW AVE NN NOT TO SCALE SECTION CORNER K:\016280-000\Survey\Drawing\016280-000-V-LOT SPLIT-with Proposed Easements.dwg, 11/23/2020 2:57:17 PMEXHIBIT D SEPTIC EASEMENT This Septic Easement (hereinafter “Easement”), made this ____ day of ________________, 2022, by and between the City of Hugo, a municipal corporation under the laws of Minnesota (“Grantor”); and Independent School District No. 624, White Bear Lake Area Schools, a public school corporation under the laws of Minnesota (“Grantee”). WHEREAS, a septic system is located on Grantor’s property, which system serves a building located on Grantee’s property, which is adjacent to Grantor’s property. WHEREAS, Grantor agrees to convey to Grantee an easement as further described herein and Grantee agrees to accept said Easement according to the terms and conditions contained herein; and WHEREAS, said Easement provided by the Grantor does not convey ownership of lands within the easement area to the Grantee. NOW THEREFORE, in consideration of mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree to as follows: TERMS OF EASEMENTS 1.) Grant of Easement. Grantor grants and conveys to the Grantee the Easement legally described in Exhibit A and depicted on the attached Exhibit B. 2.) Scope of Easement. The perpetual non-exclusive Easement granted herein includes the right of the Grantee, its contractor, agents, and employees to reconstruct, operate, maintain, inspect, alter and repair within the described easement, a septic system that serves Grantee’s adjacent property. The Grantee is responsible for maintenance of the septic system. 3.) Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title, and capacity to convey it the Grantee the easements herein. EXHIBIT D 4.) Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. In witness whereof, the said parties have caused this instrument to be executed on the date and year first written above. Grantor: City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, before me, a Notary Public, personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Grantee: INDEPENDENT SCHOOL DISTRICT NO. 624, WHITE BEAR LAKE AREA SCHOOLS ________________________________ School Board Chair ________________________________ School Board Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2022, by Jessica Ellison, School Board Chair, and Angela Thompson, School Board Clerk, of Independent School District No. 624, on behalf of the District pursuant to the authority granted by the School Board. ___________________________ Notary Public This instrument was drafted by: Rupp, Anderson, Squires & Waldspurger, P.A. 333 South Seventh Street, Suite 2800 Minneapolis, MN 55402 EXHIBIT A Legal Description of Septic Easement: A permanent easement for septic purposes over, under, and across the following described property: The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. Said permanent easement is more particularly described as follows: The North 140.00 feet of the South 275.00 feet of the East 100.00 feet of the West 700.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. WELL ST ST ST OCS ST S89°51'55"E 400.00 S89°54'43"E 260.00 600.001320.00 1820.00 55606055S07°54'00"W 1333.78S89°54'43"E 2398.21 S89°51'55"E 2237.62N00°59'13"E 1319.7460 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 55 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 MITIGATION EASEMENT PER DOC. NO. 3867954 S LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 NE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 N LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 E LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21W LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21N 1/4 CORNER OF SEC. 28, T. 31, R. 21 N01°52'39"E 1322.38OWNER: CITY OF HUGO ADDRESS: UNASSIGNED PID: 28.031.21.12.0002 OWNER: CITY OF HUGO ADDRESS: 6900 137TH ST N PID: 28.031.21.12.0001 100.00 100.00 140.00135.0030.00SEPTIC TANK LID 500.00 303060725.92TRACT A TRACT B 600.00 S89°51'55"E 600.07 N00°59'13"E 726.00N00°59'13"E109.01N89°51'55"W 42.00 N16°35'13"W 18.34 N00°59'13"E166.32192.90 N85°42'15"W N6 5 ° 1 2 ' 0 4 " W 17 4 . 9 1N00°59'13"E132.99N15°02'44"W 78.90 S85°42'15"E 131.04N04°17'45"E 30.00N00°37'49"E66.6082.38 N89°47'41"W N71° 1 7 ' 0 9 " W 1 5 6 . 3 9 521.19 616.99SW CORNER TRACT A (POINT OF COMMENCEMENT) N00°59'13"E 96.01 S89°51'55"E 190.02 N00°59'13"E 170.02S00°59'13"W 170.0296.01S00°59'13"WN00°59'13"E126.01S89°51'55"E 128.01 N89°51'55"W 40.00 S89°51'55"E 42.00 30.00S00°59'13"WN89°51'55"W 320.04 S00°05'17"W 391.88502.17 S89°35'06"W 109.47 S42°14'08"W 115.65S86°24'21"W 245.10 S00°37'49"W166.01S89°47'41"E 179.16 N69°46' 0 3 " E 93.13 N04°26'07"E93.64N20°08'12"E160.85N 4 6 ° 0 4 ' 3 3 "W 6 0 . 5 7 S71° 1 7 ' 0 9 " E 156. 3 9 N00°59'13"E 1319.74 S89°49'04"E 2617.03 S89°49'04"E 2636.15 N00°59'13"E2637.35N01°52'39"E1322.38S 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OF SEC. 28, T. 31, R. 21 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OFSEC. 28, T. 31, R. 21S89°49'04"E 5253.18 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 WSB PROJECT NO.:I HEREBY CERTIFY THAT THIS SURVEY, PLAN ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL LAND SURVEYOR UNDERTHE LAWS OF THE STATE OF MINNESOTA.DATE:REVISIONSCERTIFICATIONLIC. NO.:0 Graphic Scale (in feet) 100 200 N 1 inch = 100 feet SURVEY BY:CHECK BY: KK/TH JRH SCALE: 1" = 100' DRAWN BY: JRH 016280-000 Jeremy R. Honga580138/18/20PROJECT: 2318 ST. CROIX TRAILCLIENT: CITY OF HUGOLOCATION: HUGO, MINNESOTACERTIFICATE OF SURVEY - LOT SPLIT - PROPOSED EASEMENTS SHEET 1 OF 1CERTIFICATE OF SURVEY6900 137TH ST N, HUGO, MINNESOTAPROPERTY DESCRIPTION The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. AREAS Proposed Tract A = 435,600 Square Feet or 10.000 acres Existing Highway Easement (137th St N) = 36,004 Square Feet or 0.827 acres Proposed Tract A (Less Existing Highway Easement (137th St N)) = 399,596 Square Feet or 9.173 acres Proposed Tract B = 2,625,280 Square Feet or 60.268 acres Existing Highway Easement (137th St N) = 93,845 Square Feet or 2.154 acres Proposed Tract B (Less Existing Highway Easement (137th St N)) = 2,531,435 Square Feet or 58.114 acres SURVEY NOTES 1. The bearing system is based on the Washington County Coordinate System, NAD83 (1986 Adjust), having an assumed bearing of S89°54'43"E for the North line of the Northeast Quarter of Section 28, Township 31 North, Range 21 West. 2. Field work was completed on 8/10/2020. PROPERTY SUMMARY 1. Subject property's address is 6900 137th St N, Hugo, MN, 55038. 2. Subject property's property identification numbers are 28.031.21.12.0001 an 28.031.21.12.0002. 3.The gross area of the subject property is 3,060,880 Square Feet or 70.268 acres. 4. The subject property is zoned (AG) Agricultural, per the City of Hugo Zoning Map, dated May 2020. PROPOSED PROPERTY DESCRIPTION - TRACT A The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED PROPERTY DESCRIPTION - TRACT B The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. PROPOSED SEPTIC EASEMENT DESCRIPTION - TRACT B A permanent easement for septic purposes over, under, and across the following described property: The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. Said permanent easement is more particularly described as follows: The North 140.00 feet of the South 275.00 feet of the East 100.00 feet of the West 700.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED TRAIL EASEMENT DESCRIPTION - TRACT A A permanent easement for trail purposes over, under, and across the North 30 feet of the South 90 feet of the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED DRAINAGE & UTILITY EASEMENT DESCRIPTION - TRACT A A permanent easement for drainage & utility purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 109.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 42.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 166.32 feet; thence North 16 degrees 35 minutes 13 seconds West, a distance of 18.34 feet; thence North 85 degrees 42 minutes 15 seconds West, a distance of 192.90 feet; thence North 04 degrees 17 minutes 45 seconds East, a distance of 30.00 feet; thence South 85 degrees 42 minutes 15 seconds East, a distance of 131.04 feet; thence North 15 degrees 02 minutes 44 seconds West, a distance of 78.90 feet; thence North 65 degrees 12 minutes 04 seconds West, a distance of 174.91 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 132.99 feet; thence North 89 degrees 47 minutes 41 seconds West, a distance of 82.38 feet; thence North 71 degrees 17 minutes 09 seconds West, a distance of 156.39 feet; thence North 00 degrees 37 minutes 49 seconds East, a distance of 66.60 feet, to the north line of the above described property; thence South 89 degrees 51 minutes 55 seconds East, along said north line, a distance of 521.19 feet to the northeast corner of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along the east line thereof, a distance of 616.99 feet to the point of beginning. PROPOSED PARKING EASEMENT DESCRIPTION - TRACT A A permanent easement for parking purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 96.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 320.04 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 96.01 feet, to the south line of the above described property; thence North 89 degrees 51 minutes 55 seconds West, along said south line, a distance of 40.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 126.01 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 190.02 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 128.01 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 42.00 feet, to the east line of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along said east line, a distance of 30.00 feet to the point of beginning. LEGEND FOUND MONUMENT SET MONUMENT PROPOSED PARKING EASEMENT - TRACT A = 36,404 SQ. FT. or 0.836 ACRES PROPOSED TRAIL EASEMENT- TRACT A = 18,002 SQ. FT. or 0.413 ACRES PROPOSED DRAINAGE & UTILITY EASEMENT - TRACT A = 135,056 SQ. FT. or 3.100 ACRES PROPOSED SEPTIC EASEMENT - TRACT B = 14,002 SQ. FT. or 0.321 ACRES * SITEFOREST BLVD8 137TH ST N HOMESTEAD AVE NGOODVIEW AVE NN NOT TO SCALE SECTION CORNER K:\016280-000\Survey\Drawing\016280-000-V-LOT SPLIT-with Proposed Easements.dwg, 11/23/2020 2:57:17 PMEXHIBIT B TRAIL AND UTILITY EASEMENT This Trail and Utility Easement (hereinafter “Easement”), is made this ____ day of ________________, 2022, by and between Independent School District No. 624, White Bear Lake Area Schools (“Grantor”) and the City of Hugo, a municipal corporation under the laws of Minnesota (“Grantee”). WHEREAS, Grantor agrees to convey to Grantee an easement for trail and utility purposes herein and Grantee agrees to accept said Easement according to the terms and conditions contained herein; and WHEREAS, Grantor is the fee owner of certain property in Washington County, Minnesota, legally described on the attached Exhibit A (“Property”); and WHEREAS, said Easement provided by the Grantor does not convey ownership of lands within the easement area to the Grantee. NOW THEREFORE, in consideration of mutual covenants herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree to as follows: TERMS OF EASEMENTS 1.) Grant of Easements. Grantor grants and conveys to the Grantee the Trail and Utility Easement legally described in Exhibit B and depicted on the Exhibit C. 2.) Scope of Easements. The perpetual non-exclusive Easement granted herein includes the right of the Grantee, its contractor, agents, and employees to locate, install, construct, reconstruct, operate, maintain, inspect, alter and repair within the described easement area any of the following facilities and amenities: public utilities, sidewalk or trail, trail signage and any other trail related structure. 3.) Trail Use and Purposes. This Easement is for public trail and utility purposes only. Trails shall be open to the general public, and shall be used exclusively for outdoor recreation and commuting including but not limited to walking, jogging, skating, biking, and uses allowed under State and Federal law including, but not limited to, other personal driven mobility devices (OPDMD’s) and electric EXHIBIT E personal assistive devices. In addition, motor vehicles used for maintenance, law enforcement other public uses will be permitted within the Easement area in emergency situations, when pertinent to the specific maintenance or patrol activity, when motor vehicles legally operate on the street, and/or when an adjacent roadway does not exist. 4.) Warranty of Title. The Grantor warrants it is the owner of the Property and has the right, title, and capacity to convey it the Grantee the easements herein. 5.) Binding Effect. The terms and conditions of this instrument shall run with the land and be binding on the Grantor, its successors and assigns. In witness whereof, the said parties have caused this instrument to be executed on the date and year first written above. Grantor: INDEPENDENT SCHOOL DISTRICT NO. 624, WHITE BEAR LAKE AREA SCHOOLS ________________________________ School Board Chair ________________________________ School Board Clerk STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2022, by Jessica Ellison, School Board Chair, and Angela Thompson, School Board Clerk, of Independent School District No. 624, on behalf of the District pursuant to the authority granted by the School Board. ___________________________ Notary Public Grantee: City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, before me, a Notary Public, personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public This instrument was drafted by: Rupp, Anderson, Squires & Waldspurger, P.A. 333 South Seventh Street, Suite 2800 Minneapolis, MN 55402 EXHIBIT A Legal Description of White Bear Lake Area Schools ISD #624 (Grantor) Property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. EXHIBIT B Legal Description of Trail Easement: A permanent easement for trail purposes over, under, and across the North 30 feet of the South 90 feet of the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. WELL ST ST ST OCS ST S89°51'55"E 400.00 S89°54'43"E 260.00 600.001320.00 1820.00 55606055S07°54'00"W 1333.78S89°54'43"E 2398.21 S89°51'55"E 2237.62N00°59'13"E 1319.7460 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 55 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 MITIGATION EASEMENT PER DOC. NO. 3867954 S LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 NE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 N LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 E LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21W LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21N 1/4 CORNER OF SEC. 28, T. 31, R. 21 N01°52'39"E 1322.38OWNER: CITY OF HUGO ADDRESS: UNASSIGNED PID: 28.031.21.12.0002 OWNER: CITY OF HUGO ADDRESS: 6900 137TH ST N PID: 28.031.21.12.0001 100.00 100.00 140.00135.0030.00SEPTIC TANK LID 500.00 303060725.92TRACT A TRACT B 600.00 S89°51'55"E 600.07 N00°59'13"E 726.00N00°59'13"E109.01N89°51'55"W 42.00 N16°35'13"W 18.34 N00°59'13"E166.32192.90 N85°42'15"W N6 5 ° 1 2 ' 0 4 " W 17 4 . 9 1N00°59'13"E132.99N15°02'44"W 78.90 S85°42'15"E 131.04N04°17'45"E 30.00N00°37'49"E66.6082.38 N89°47'41"W N71° 1 7 ' 0 9 " W 1 5 6 . 3 9 521.19 616.99SW CORNER TRACT A (POINT OF COMMENCEMENT) N00°59'13"E 96.01 S89°51'55"E 190.02 N00°59'13"E 170.02S00°59'13"W 170.0296.01S00°59'13"WN00°59'13"E126.01S89°51'55"E 128.01 N89°51'55"W 40.00 S89°51'55"E 42.00 30.00S00°59'13"WN89°51'55"W 320.04 S00°05'17"W 391.88502.17 S89°35'06"W 109.47 S42°14'08"W 115.65S86°24'21"W 245.10 S00°37'49"W166.01S89°47'41"E 179.16 N69°46' 0 3 " E 93.13 N04°26'07"E93.64N20°08'12"E160.85N 4 6 ° 0 4 ' 3 3 "W 6 0 . 5 7 S71° 1 7 ' 0 9 " E 156. 3 9 N00°59'13"E 1319.74 S89°49'04"E 2617.03 S89°49'04"E 2636.15 N00°59'13"E2637.35N01°52'39"E1322.38S 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OF SEC. 28, T. 31, R. 21 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OFSEC. 28, T. 31, R. 21S89°49'04"E 5253.18 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 WSB PROJECT NO.:I HEREBY CERTIFY THAT THIS SURVEY, PLAN ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL LAND SURVEYOR UNDERTHE LAWS OF THE STATE OF MINNESOTA.DATE:REVISIONSCERTIFICATIONLIC. NO.:0 Graphic Scale (in feet) 100 200 N 1 inch = 100 feet SURVEY BY:CHECK BY: KK/TH JRH SCALE: 1" = 100' DRAWN BY: JRH 016280-000 Jeremy R. Honga580138/18/20PROJECT: 2318 ST. CROIX TRAILCLIENT: CITY OF HUGOLOCATION: HUGO, MINNESOTACERTIFICATE OF SURVEY - LOT SPLIT - PROPOSED EASEMENTS SHEET 1 OF 1CERTIFICATE OF SURVEY6900 137TH ST N, HUGO, MINNESOTAPROPERTY DESCRIPTION The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. AREAS Proposed Tract A = 435,600 Square Feet or 10.000 acres Existing Highway Easement (137th St N) = 36,004 Square Feet or 0.827 acres Proposed Tract A (Less Existing Highway Easement (137th St N)) = 399,596 Square Feet or 9.173 acres Proposed Tract B = 2,625,280 Square Feet or 60.268 acres Existing Highway Easement (137th St N) = 93,845 Square Feet or 2.154 acres Proposed Tract B (Less Existing Highway Easement (137th St N)) = 2,531,435 Square Feet or 58.114 acres SURVEY NOTES 1. The bearing system is based on the Washington County Coordinate System, NAD83 (1986 Adjust), having an assumed bearing of S89°54'43"E for the North line of the Northeast Quarter of Section 28, Township 31 North, Range 21 West. 2. Field work was completed on 8/10/2020. PROPERTY SUMMARY 1. Subject property's address is 6900 137th St N, Hugo, MN, 55038. 2. Subject property's property identification numbers are 28.031.21.12.0001 an 28.031.21.12.0002. 3. The gross area of the subject property is 3,060,880 Square Feet or 70.268 acres. 4. The subject property is zoned (AG) Agricultural, per the City of Hugo Zoning Map, dated May 2020. PROPOSED PROPERTY DESCRIPTION - TRACT A The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED PROPERTY DESCRIPTION - TRACT B The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. PROPOSED SEPTIC EASEMENT DESCRIPTION - TRACT B A permanent easement for septic purposes over, under, and across the following described property: The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. Said permanent easement is more particularly described as follows: The North 140.00 feet of the South 275.00 feet of the East 100.00 feet of the West 700.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED TRAIL EASEMENT DESCRIPTION - TRACT A A permanent easement for trail purposes over, under, and across the North 30 feet of the South 90 feet of the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED DRAINAGE & UTILITY EASEMENT DESCRIPTION - TRACT A A permanent easement for drainage & utility purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 109.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 42.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 166.32 feet; thence North 16 degrees 35 minutes 13 seconds West, a distance of 18.34 feet; thence North 85 degrees 42 minutes 15 seconds West, a distance of 192.90 feet; thence North 04 degrees 17 minutes 45 seconds East, a distance of 30.00 feet; thence South 85 degrees 42 minutes 15 seconds East, a distance of 131.04 feet; thence North 15 degrees 02 minutes 44 seconds West, a distance of 78.90 feet; thence North 65 degrees 12 minutes 04 seconds West, a distance of 174.91 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 132.99 feet; thence North 89 degrees 47 minutes 41 seconds West, a distance of 82.38 feet; thence North 71 degrees 17 minutes 09 seconds West, a distance of 156.39 feet; thence North 00 degrees 37 minutes 49 seconds East, a distance of 66.60 feet, to the north line of the above described property; thence South 89 degrees 51 minutes 55 seconds East, along said north line, a distance of 521.19 feet to the northeast corner of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along the east line thereof, a distance of 616.99 feet to the point of beginning. PROPOSED PARKING EASEMENT DESCRIPTION - TRACT A A permanent easement for parking purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 96.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 320.04 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 96.01 feet, to the south line of the above described property; thence North 89 degrees 51 minutes 55 seconds West, along said south line, a distance of 40.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 126.01 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 190.02 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 128.01 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 42.00 feet, to the east line of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along said east line, a distance of 30.00 feet to the point of beginning. LEGEND FOUND MONUMENT SET MONUMENT PROPOSED PARKING EASEMENT - TRACT A = 36,404 SQ. FT. or 0.836 ACRES PROPOSED TRAIL EASEMENT- TRACT A = 18,002 SQ. FT. or 0.413 ACRES PROPOSED DRAINAGE & UTILITY EASEMENT - TRACT A = 135,056 SQ. FT. or 3.100 ACRES PROPOSED SEPTIC EASEMENT - TRACT B = 14,002 SQ. FT. or 0.321 ACRES * SITEFOREST BLVD8 137TH ST N HOMESTEAD AVE NGOODVIEW AVE NN NOT TO SCALE SECTION CORNER K:\016280-000\Survey\Drawing\016280-000-V-LOT SPLIT-with Proposed Easements.dwg, 11/23/2020 2:57:17 PMEXHIBIT C MEMORANDUM OF OPTION RIGHT This Memorandum is made this day of , 202___, by and between City of Hugo, a Minnesota municipal corporation (Seller), and Independent School District No. 624, White Bear Lake (Buyer). 1.That the Seller and Buyer have entered into an Option Right executed on the _____ day of _____________, 202__. 2.That the Purchase Agreement relates to the “Property”, which is described in Exhibit “A” attached hereto and hereby made a part hereof. 4.That the City of Hugo retains an option to repurchase the Property as set forth therein (Paragraph 16(a)). 5.That the Seller agrees not to sell or offer for sale the Property during the life of the Option or any extension thereof. EXHIBIT F In witness whereof, this Memorandum of Option Right is executed on this _____ day of _______________, 202___. Seller: Independent School District No. 624, Buyer: City of Hugo White Bear Lake ____________________________________ ___________________________________ By: _________________________________ By: Tom Weidt Its: _________________________________ Its: Mayor ____________________________________ ___________________________________ By: _________________________________ By: Michele Lindau Its: _________________________________ Its: Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF WASHINGTON) On this ________ day of ___________________, 2022, before me, a Notary Public, within and for said County and State, appeared ____ and _______, to me personally known, and who being by me first duly sworn, did say that they are respectively the ______ and ________ of the Independent School District No. 624, White Bear Lake, who executed the foregoing document by authority of the _______________ of the Independent School District No. 624, White Bear Lake, and said ______ and _______ acknowledge said instrument to be the free act and deed of said Independent School District No. 624, White Bear Lake. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF WASHINGTON) On this ________ day of ___________________, 2022, before me, a Notary Public, within and for said County and State, appeared Tom Weidt, Mayor and Michele Lindau, Clerk, to me personally known, and who being by me first duly sworn, did say that they are respectively the Mayor and Clerk of the City of Hugo, who executed the foregoing document by authority of the City Council of the City of Hugo, and said Mayor and Clerk acknowledge said instrument to be the free act and deed of said City of Hugo. Notary Public This Instrument was Drafted By: David K. Snyder (#251392) Johnson/Turner Legal 56 E. Broadway Avenue, Suite 206 Forest Lake, MN 55025 651-464-7292 WELL ST ST ST OCS ST S89°51'55"E 400.00 S89°54'43"E 260.00 600.001320.00 1820.00 55606055S07°54'00"W 1333.78S89°54'43"E 2398.21 S89°51'55"E 2237.62N00°59'13"E 1319.7460 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 55 FT HIGHWAY EASEMENT PER DOC. NO. 3831436 MITIGATION EASEMENT PER DOC. NO. 3867954 S LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 SE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 NE CORNER OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 N LINE OF THE N 1/2 OF THE NE 1/4 OF SEC. 28, T. 31, R. 21 E LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21W LINE OF THE N 1/2 OF THENE 1/4 OF SEC. 28, T. 31, R. 21N 1/4 CORNER OF SEC. 28, T. 31, R. 21 N01°52'39"E 1322.38OWNER: CITY OF HUGO ADDRESS: UNASSIGNED PID: 28.031.21.12.0002 OWNER: CITY OF HUGO ADDRESS: 6900 137TH ST N PID: 28.031.21.12.0001 100.00 100.00 140.00135.0030.00SEPTIC TANK LID 500.00 303060725.92TRACT A TRACT B 600.00 S89°51'55"E 600.07 N00°59'13"E 726.00N00°59'13"E109.01N89°51'55"W 42.00 N16°35'13"W 18.34 N00°59'13"E166.32192.90 N85°42'15"W N6 5 ° 1 2 ' 0 4 " W 17 4 . 9 1N00°59'13"E132.99N15°02'44"W 78.90 S85°42'15"E 131.04N04°17'45"E 30.00N00°37'49"E66.6082.38 N89°47'41"W N71° 1 7 ' 0 9 " W 1 5 6 . 3 9 521.19 616.99SW CORNER TRACT A (POINT OF COMMENCEMENT) N00°59'13"E 96.01 S89°51'55"E 190.02 N00°59'13"E 170.02S00°59'13"W 170.0296.01S00°59'13"WN00°59'13"E126.01S89°51'55"E 128.01 N89°51'55"W 40.00 S89°51'55"E 42.00 30.00S00°59'13"WN89°51'55"W 320.04 S00°05'17"W 391.88502.17 S89°35'06"W 109.47 S42°14'08"W 115.65S86°24'21"W 245.10 S00°37'49"W166.01S89°47'41"E 179.16 N69°46' 0 3 " E 93.13 N04°26'07"E93.64N20°08'12"E160.85N 4 6 ° 0 4 ' 3 3 "W 6 0 . 5 7 S71° 1 7 ' 0 9 " E 156. 3 9 N00°59'13"E 1319.74 S89°49'04"E 2617.03 S89°49'04"E 2636.15 N00°59'13"E2637.35N01°52'39"E1322.38S 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OF SEC. 28, T. 31, R. 21 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 E 1/4 CORNER OFSEC. 28, T. 31, R. 21S89°49'04"E 5253.18 W 1/4 CORNER OF SEC. 28, T. 31, R. 21 WSB PROJECT NO.:I HEREBY CERTIFY THAT THIS SURVEY, PLAN ORREPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL LAND SURVEYOR UNDERTHE LAWS OF THE STATE OF MINNESOTA.DATE:REVISIONSCERTIFICATIONLIC. NO.:0 Graphic Scale (in feet) 100 200 N 1 inch = 100 feet SURVEY BY:CHECK BY: KK/TH JRH SCALE: 1" = 100' DRAWN BY: JRH 016280-000 Jeremy R. Honga580138/18/20PROJECT: 2318 ST. CROIX TRAILCLIENT: CITY OF HUGOLOCATION: HUGO, MINNESOTACERTIFICATE OF SURVEY - LOT SPLIT - PROPOSED EASEMENTS SHEET 1 OF 1CERTIFICATE OF SURVEY6900 137TH ST N, HUGO, MINNESOTAPROPERTY DESCRIPTION The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. AREAS Proposed Tract A = 435,600 Square Feet or 10.000 acres Existing Highway Easement (137th St N) = 36,004 Square Feet or 0.827 acres Proposed Tract A (Less Existing Highway Easement (137th St N)) = 399,596 Square Feet or 9.173 acres Proposed Tract B = 2,625,280 Square Feet or 60.268 acres Existing Highway Easement (137th St N) = 93,845 Square Feet or 2.154 acres Proposed Tract B (Less Existing Highway Easement (137th St N)) = 2,531,435 Square Feet or 58.114 acres SURVEY NOTES 1. The bearing system is based on the Washington County Coordinate System, NAD83 (1986 Adjust), having an assumed bearing of S89°54'43"E for the North line of the Northeast Quarter of Section 28, Township 31 North, Range 21 West. 2. Field work was completed on 8/10/2020. PROPERTY SUMMARY 1. Subject property's address is 6900 137th St N, Hugo, MN, 55038. 2. Subject property's property identification numbers are 28.031.21.12.0001 an 28.031.21.12.0002. 3. The gross area of the subject property is 3,060,880 Square Feet or 70.268 acres. 4. The subject property is zoned (AG) Agricultural, per the City of Hugo Zoning Map, dated May 2020. PROPOSED PROPERTY DESCRIPTION - TRACT A The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED PROPERTY DESCRIPTION - TRACT B The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. PROPOSED SEPTIC EASEMENT DESCRIPTION - TRACT B A permanent easement for septic purposes over, under, and across the following described property: The North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), except that part described as follows: Beginning at a point on the South line of said North ½ of the Northeast ¼, distant 400 feet West of the Southeast corner thereof; thence East 400 feet to said Southeast corner; thence Northerly along the East line of said North ½ of the Northeast ¼; 1,322 feet, more or less to the Northeast corner of said North ½ of the Northeast ¼; thence Westerly along the North line of said North ½ of the Northeast ¼ 260 feet; thence Southwesterly 1,334 feet, more or less to the point of beginning, according to the United States Government Survey thereof, Washington County, Minnesota. EXCEPT the South 725.92 feet of the West 600.00 feet thereof. Said permanent easement is more particularly described as follows: The North 140.00 feet of the South 275.00 feet of the East 100.00 feet of the West 700.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED TRAIL EASEMENT DESCRIPTION - TRACT A A permanent easement for trail purposes over, under, and across the North 30 feet of the South 90 feet of the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. PROPOSED DRAINAGE & UTILITY EASEMENT DESCRIPTION - TRACT A A permanent easement for drainage & utility purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 109.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 42.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 166.32 feet; thence North 16 degrees 35 minutes 13 seconds West, a distance of 18.34 feet; thence North 85 degrees 42 minutes 15 seconds West, a distance of 192.90 feet; thence North 04 degrees 17 minutes 45 seconds East, a distance of 30.00 feet; thence South 85 degrees 42 minutes 15 seconds East, a distance of 131.04 feet; thence North 15 degrees 02 minutes 44 seconds West, a distance of 78.90 feet; thence North 65 degrees 12 minutes 04 seconds West, a distance of 174.91 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 132.99 feet; thence North 89 degrees 47 minutes 41 seconds West, a distance of 82.38 feet; thence North 71 degrees 17 minutes 09 seconds West, a distance of 156.39 feet; thence North 00 degrees 37 minutes 49 seconds East, a distance of 66.60 feet, to the north line of the above described property; thence South 89 degrees 51 minutes 55 seconds East, along said north line, a distance of 521.19 feet to the northeast corner of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along the east line thereof, a distance of 616.99 feet to the point of beginning. PROPOSED PARKING EASEMENT DESCRIPTION - TRACT A A permanent easement for parking purposes over, under, and across the following described property: The South 725.92 feet of the West 600.00 feet of the North one-half of the Northeast Quarter (N ½ of NE ¼) of Section Twenty-eight (28), Township Thirty-one (31), Range Twenty-one (21), Washington County, Minnesota. Said permanent easement is described as follows: Commencing at the southeast corner of the above described property; thence on an assumed bearing of North 00 degrees 59 minutes 13 seconds East, along the east line thereof, a distance of 96.01 feet to the point of beginning of the easement to be described; thence North 89 degrees 51 minutes 55 seconds West, a distance of 320.04 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 96.01 feet, to the south line of the above described property; thence North 89 degrees 51 minutes 55 seconds West, along said south line, a distance of 40.00 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 126.01 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 190.02 feet; thence North 00 degrees 59 minutes 13 seconds East, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 128.01 feet; thence South 00 degrees 59 minutes 13 seconds West, a distance of 170.02 feet; thence South 89 degrees 51 minutes 55 seconds East, a distance of 42.00 feet, to the east line of the above described property; thence South 00 degrees 59 minutes 13 seconds West, along said east line, a distance of 30.00 feet to the point of beginning. LEGEND FOUND MONUMENT SET MONUMENT PROPOSED PARKING EASEMENT - TRACT A = 36,404 SQ. FT. or 0.836 ACRES PROPOSED TRAIL EASEMENT- TRACT A = 18,002 SQ. FT. or 0.413 ACRES PROPOSED DRAINAGE & UTILITY EASEMENT - TRACT A = 135,056 SQ. FT. or 3.100 ACRES PROPOSED SEPTIC EASEMENT - TRACT B = 14,002 SQ. FT. or 0.321 ACRES * SITEFOREST BLVD8 137TH ST N HOMESTEAD AVE NGOODVIEW AVE NN NOT TO SCALE SECTION CORNER K:\016280-000\Survey\Drawing\016280-000-V-LOT SPLIT-with Proposed Easements.dwg, 11/23/2020 2:57:17 PM Office of State Aid – Metro District 1500 West County Rd B2 Roseville, MN 55113-3174 phillip.bergem@state.mn.us 651-234-7776 February 15, 2022 Tim Wald Rachel Juba Assistant Superintendent for Finance City of Hugo White Bear Lake Area Schools 6900 137th Street N 4855 Bloom Avenue Hugo, MN 55038 White Bear Lake, MN 55110 RE: Proposed Cooperative Construction Agreement No. 1048600 Between the White Bear Lake School District, the City of Hugo and the State of Minnesota SP 8206-52 (TH 61=001) TH 61 at 152nd St N in the City of Hugo School District lump sum payment for TH 61 State Furnished Materials Dear Mr. Wald and Ms. Juba: Transmitted by email is a proposed agreement with the White Bear Lake School District and the City of Hugo. This agreement provides for the School District’s share of the costs of State Furnished Materials for the new signal at TH 61 and 152nd Street. Please present this agreement to the School Board and City Council for their approval and execution. Given the current circumstances, we are processing documents with digital signatures. Please have the relevant digital signatures affixed to the attached pdf, and return it to me by email. Also required is a pdf copy of a resolution passed by the School Board and City Council authorizing its officers to sign the agreement in its behalf, again with the relevant digital signatures. A suggested form of such resolution is also attached. See the attached sheet for suggestions regarding use of digital signatures. Please return the digitally signed copies of the agreement and resolution to me, once they have been executed by the School Board and City. An electronic copy will be returned to the School Board and City when fully executed. Please contact me if you have any questions or additional comments. Sincerely, Phillip Bergem Local Partnership Engineer Metro District State Aid Tim Wald and Rachel Juba February 15, 2022 Page 2 Attachments: Proposed Agreement Resolution ecopy: Malaki Ruranika, MnDOT-Municipal Agreements Jake Indihar, MnDOT-Municipal Agreements Adam Josephson, MnDOT-Metro Program Delivery Ryan Coddington, MnDOT-Metro Program Delivery Kaare Festvog, MnDOT-Metro Traffic Engineering Greg Kern, MnDOT-Metro Traffic Engineering Mike Fairbanks, MnDOT-Metro Traffic Engineering John Korth, Waters Edge Office, RTMC Building Geoff Prelgo, Waters Edge Office, RTMC Building Josh Breid, SEH Project File Tips For Applying Digital Signatures: • The Local Agency resolution should be attached to the pdf before digital signatures begin. Remove the included “suggested form” resolution and replace it with your own version. • Changes cannot be made to the pdf after the signature process begins, including the addition of pages. Digital signatures get removed if subsequent changes are made. (Printing as a pdf is a workaround, although this “fixes” the signature and removes the digital verification.) • Do not lock/secure the pdf after digitally signing, otherwise future signatures are prevented. (Print to pdf is a workaround) • It is suggested that digital signatures should happen after any wet signatures to keep digital signatures “validated.” (Print to pdf is a workaround) • Digital signatures must happen sequentially on the same pdf, • With some programs that allow digital signatures, such as DocuSign, the document gets locked and we cannot use the “print to pdf” technique for a workaround. Please contact us if you have any questions. MnDOT Contract No.: 1048600 -1- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF HUGO AND WHITE BEAR LAKE SCHOOL DISTRICT COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (S.P.): 8206-52 Trunk Highway Number (T.H.): 61=001 Signal System ID: 4186466 School District Estimated Amount Receivable $76,910.20 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), the City of Hugo acting through its City Council ("City"), and White Bear Lake School District acting through its School Board ("School District"). Recitals 1. The School District will perform grading, bituminous surface, ADA improvements, traffic signal construction and other associated construction upon, along, and adjacent to Trunk Highway No. 61 from 690 feet south of 152nd Street North to 672 feet north of 152nd Street North according to School District-prepared plans, specifications, and special provisions designated by the State as State Project No. 8206-52 (T.H. 61=001) ("Project"); and 2. The State has requested the School District include in its Project State Furnished Materials for the signal system construction; and 3. The School District wishes to participate in the costs of the State Furnished Materials construction; and 4. The City wishes to participate in the associated maintenance for the Project construction; and 5. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 5. Maintenance by the City; 11. Liability; Worker Compensation Claims; 14. State Audits; 15. Government Data Practices; 16. Governing Law; Jurisdiction; Venue; and 18. Force Majeure. The terms and conditions set forth in Article 6. Signal System and EVP MnDOT Contract No.: 1048600 -2- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) System Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. State-approved School District plans, specifications, and special provisions designated by the School District and State as State Project No. 8206-52 (T.H. 61=001) are on file in the office of the City Engineer, in the office of the School District, and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Exhibit A – State Maintenance Responsibilities is attached and incorporated into this Agreement. 2. Right-of-Way Use 2.1. Limited Right to Occupy. The State grants to the School District (and its contractors and consultants) the right to occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limited to, breaching the terms of this or any other agreement (relevant to this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits. The State will have no liability to the School District (or its contractors or consultants) for revoking this right of occupancy. 2.2. State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the Trunk Highway Right-of-Way (including the construction being performed on such right-of-way) at any time and without notice to the School District or its contractor. If the State determines (in its sole discretion) that the construction is not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic control or other necessary safety measures are not being properly implemented, then the State may notify and require the School District (and its contractors and consultants) to suspend their operations until the School District (and its contractors and consultants) take all necessary actions to rectify the situation to the satisfaction of the State. The State will have no liability to the School District (or its contractors or consultants) for exercising or failing to exercise its rights under this provision. 2.3. Traffic Control; Worker Safety. While the School District (and its contractors and consultants) are occupying the State right-of-way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All School District, contractor, and consultant personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. 2.4. State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right-of-Way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the School District's contractor with respect to such improvements (if any) will flow to the State. The School District will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the School District's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the School District will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the School District's consultants and contractors. MnDOT Contract No.: 1048600 -3- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) 2.5. Utility Relocation. The State authorizes the School District to issue Notices and Orders for utility relocation in accordance with Minnesota Statutes §161.45 and Minnesota Rules Part 8810.3100 through 8810.3600. 3. Contract Award and Construction 3.1. Bids and Award. The School District will receive bids and award a construction contract to the lowest responsible bidder (or best value proposer), subject to concurrence by the State in that award, according to the Project Plans. The contract construction will be performed according to the Project Plans. 3.2. Bid Documents Furnished by the School District. The School District will, within 7 days of opening bids for the construction contract, submit to the State's State Aid Agreements Engineer a copy of the low bid and an abstract of all bids together with the School District's request for concurrence by the State in the award of the construction contract. The School District will not award the construction contract until the State advises the School District in writing of its concurrence. 3.3. Rejection of Bids. The School District may reject and the State may require the School District to reject any or all bids for the construction contract. The party rejecting or requiring the rejection of bids must provide the other party written notice of that rejection or requirement for rejection no later than 30 days after opening bids. Upon the rejection of all bids, a party may request, in writing, that the bidding process be repeated. Upon the other party's written approval of such request, the School District will repeat the bidding process in a reasonable period of time, without cost or expense to the State. 3.4. Contract Terms. The School District's contract with its construction contractor(s) must include the following terms: A. A clause making the State of Minnesota, acting through its Commissioner of Transportation, an intended third-party beneficiary of the contract with respect to the portion of work performed on the State's Right-of-Way; and B. A clause requiring the State to be named as an additional insured on any insurance coverage which the contractor is required to provide; and C. A clause stating that any warranties provided by the contractor, for the work performed on the trunk highway, will flow to, and be enforceable by, the State as the owner of such improvements. 3.5. Direction, Supervision, and Inspection of Construction. A. The contract construction will be under the direction of the School District and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreement will be open to inspection by the State District Engineer's authorized representatives. The School District will give the State Aid Agreements Engineer at Roseville five days notice of its intention to start the contract construction. B. Responsibility for the control of materials for the contract construction will be on the School District and its contractor and will be carried out according to Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". 3.6. Completion of Construction. The School District will cause the contract construction to be started and completed according to the time schedule in the construction contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate School District official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. MnDOT Contract No.: 1048600 -4- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) 3.7. Plan Changes. All changes in the Project Plans and all addenda, change orders, supplemental agreements, and work orders entered into by the School District and its contractor for contract construction must be approved in writing by the State District Engineer's authorized representative. 3.8. Compliance with Laws, Ordinances, and Regulations. The School District will comply and cause its contractor to comply with all Federal, State, and Local laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's Trunk Highway Right-of-Way, the School District will not require the contractor to follow local ordinances or to obtain local permits. 3.9. Construction Documents Furnished by the School District. The School District will keep records and accounts that enable it to provide the State, when requested, with the following: A. Copies of the School District contractor's invoice(s) covering all contract construction. B. Copies of the endorsed and canceled School District warrant(s) or check(s) paying for final contract construction, or computer documentation of the warrant(s) issued, certified by an appropriate School District official that final construction contract payment has been made. C. Copies of all construction contract change orders, supplemental agreements, and work orders. D. A certification form, provided by the State, signed by the School District's Engineer in charge of the contract construction attesting to the following: i. Satisfactory performance and completion of all contract construction according to the Project Plans. ii. Acceptance and approval of all materials furnished for the contract construction relative to compliance of those materials to the State's current "Standard Specifications for Construction". iii. Full payment by the School District to its contractor for all contract construction. E. Copies, certified by the School District's Engineer, of material sampling reports and of material testing results for the materials furnished for the contract construction. F. A copy of the "as built" plan sent to the State Aid Agreements Engineer. 4. Right-of-Way; Easements; Permits 4.1. The School District will obtain all rights-of-way, easements, construction permits, and any other permits and sanctions that may be required in connection with the local and trunk highway portions of the contract construction. Before payment by the State, the School District will furnish the State with certified copies of the documents for rights-of-way and easements, construction permits, and other permits and sanctions required for State participation construction covered under this Agreement. 4.2. The School District will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3. The School District will comply with Minnesota Statutes § 216D.04, subdivision 1(a), for identification, notification, design meetings, and depiction of utilities affected by the contract construction. 4.4. The School District will require the City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City of Hugo to be constructed upon and within the Trunk Highway Right-of-Way. Applications for permits will be made on State form "Application for Utility Permit on Trunk Highway Right-of-Way" (Form 2525). MnDOT Contract No.: 1048600 -5- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) 5. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 5.1. Municipal Utilities. Maintenance of any municipal-owned utilities construction, without cost or expense to the State. 5.2. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 5.3. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 6. Signal System and EVP System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System and Emergency Vehicle Preemption (EVP) System on T.H. 61 at 152nd Street North and for the Interconnect on T.H. 61 from 147th Street to 152nd Street North. 6.1. City Responsibilities. A. Power. The City will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted Light Emitting Diode (LED) luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended American Association of State Highway and Transportation Officials (AASHTO) levels for the installation. ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean the Signal System and luminaire mast arm extensions. v. Paint and maintain the cross street pedestrian crosswalk markings. 6.2. State Responsibilities. A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, Accessible Pedestrian Signals (APS), and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. MnDOT Contract No.: 1048600 -6- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. 6.3. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 7. State Furnished Materials. The State will furnish a cabinet and controller ($35,729.60), Gridsmart video detection camera ($22,129.63), 2 Autoscope detection cameras ($14,415.80), and PTZ Camera ($4,635.17) ("State Furnished Materials"), according to the Project Plans, to operate the traffic control signal system(s) covered under this Agreement. The School District's lump sum share for State Furnished Materials is $76,910.20. 8. School District Cost and Payment by the School District 8.1. School District Cost. $76,910.20 is the School District's full and complete lump sum cost for State Furnished Materials. 8.2. Conditions of Payment. The School District will pay the State the full and complete lump sum amount after the following conditions have been met: A. Execution of this Agreement and transmittal to the School District and City. B. The School District 's receipt of a written request from the State for the advancement of funds. 9. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 9.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 9.2. The City's Authorized Representative will be: Name, Title: Mark Erichson, City Engineer (or successor) Address: 6900 137th Street North, Hugo, MN 55038 Telephone: (651) 286-8463 E-Mail: merichson@wsbeng.com MnDOT Contract No.: 1048600 -7- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) 9.3. The School District's Authorized Representative will be: Name, Title: Tim Wald, Assistant Superintendent for Finance (or successor) Address: 4855 Bloom Avenue, #330, White Bear Lake, MN 55110-2731 Telephone: (651) 407-7516 E-Mail: tim.wald@isd624.org 10. Assignment; Amendments; Waiver; Contract Complete 10.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 10.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 10.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 10.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State, the City, and the School District. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 11. Liability; Worker Compensation Claims 11.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City and the School District. 11.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 12. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 13. Title VI/Non-discrimination Assurances The School District agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. The School District will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. The State may conduct a review of the School District’s compliance with this provision. The School District must cooperate with the State throughout the review process by supplying all requested information and documentation to the State, making School District staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by the State. 14. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's and the School District 's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. MnDOT Contract No.: 1048600 -8- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) 15. Government Data Practices The City, School District, and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City and the School District under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City, the School District, or the State. 16. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 17. Termination; Suspension 17.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 17.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City and the School District. 17.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, and performance of work authorized through this Agreement. 18. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] MnDOT Contract No.: 1048600 -9- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) CITY OF HUGO The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. MnDOT Contract No.: 1048600 -10- Three Party City-School District Recievable Lump Sum with Signal (Cooperative Agreements) WHITE BEAR LAKE SCHOOL DISTRICT The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. Exhibit A - State Maintenance Responsibilities SP 8206-52Agreement # 1048600[[ ]] - StateSOUTH SCHOOL PONDSOUTHSCHOOLPONDNORTH SCHOOL PONDNORTHSCHOOLPOND CITY OF HUGO RESOLUTION IT IS RESOLVED that the City of Hugo enter into MnDOT Agreement No. 1048600 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance for the associated construction to be performed upon, along, and adjacent to Trunk Highway No. 61 from 690 feet south of 152nd Street North to 672 feet north of 152nd Street North within the corporate City limits under State Project No. 8206-52 (T.H. 61=001). IT IS FURTHER RESOLVED that the Mayor and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Hugo at an authorized meeting held on the day of , 2022, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2022 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) WHITE BEAR LAKE SCHOOL DISTRICT RESOLUTION IT IS RESOLVED that the School District enter into MnDOT Agreement No. 1048600 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the School District to the State of the School District's share of the costs of the State Furnished Materials to be constructed upon, along, and adjacent to Trunk Highway No. 61 from 690 feet south of 152nd Street North to 672 feet north of 152nd Street North within the corporate limits of the City of Hugo City limits under State Project No. 8206-52 (T.H. 61=001). IT IS FURTHER RESOLVED that the (Title) and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the White Bear Lake School District School Board at an authorized meeting held on the day of , 2022, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of , 2022 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) RESOLUTION NO. 2022 – CITY OF HUGO WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING COOPERATIVE CONSTRUCTION AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND WHITE BEAR LAKE SCHOOL DISTRICT FOR THE CONSTRUCTION OF A NEW SIGNAL SYSTEM AT THE ELEMENTARY ENTRANCE AT THE INTERSECTION OF TH 61 AND 152ND STREET WHEREAS, THE City of Hugo is a political subdivision, organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Hugo has approved the construction documents for the construction of the new elementary school and entrance off of TH 61 and 152nd Street, requiring a new signal system; and WHEREAS, the State of Minnesota, Department of Transportation requires a Cooperative Construction Agreement for the construction of said improvement including the signal system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUGO, MINNESOTA: 1. The City of Hugo hereby enters into a Cooperative Construction Agreement with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance by the City of Hugo for the associated construction to be performed upon, along, and adjacent to Trunk Highway No. 61 from 690 feet south of 152nd Street North to 672 feet north of 152nd Street North within the corporate City limits under State Project No. 8206-52 (T.H. 61=001) (pedestrian facilities, minor signal maintenance, and power). NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF HUGO, MINNESOTA: 1. The ___[Officer title ]___ and the ___[Officer title ]___ are authorized to execute the Cooperative Construction Agreement and any amendments to the Permit. Council members voting AYE: Council members voting NAY: Whereupon said resolution was declared passed and adopted this 7th day of March 2022. ________________________ Tom Weidt, Mayor ATTEST: ___________________________________ Michele Lindau, City Clerk 49 account. If an employee leaves employment with the City before retirement and they desire to withdraw the amount they have contributed to PERA (employees may not receive the portion paid by the City; it remains with PERA), the employee may request such a refund, usually with interest. Withdrawal forfeits any potential retirement payments which the contributions may have earned for the employee. To be eligible for PERA benefits, employees must be a member for a minimum of three years. Each year employees will receive correspondence from PERA detailing contributions and other pertinent retirement information. Employees should review the yearly information carefully to keep up-to-date on the benefits accrued through the retirement fund. For additional information contact the City Administrator's Office. 56.2 Firefighter Retirement Provisions. Employees who are retiring from the Fire Department shall provide notice to the Fire Chief at least 30 days prior to retirement. The Chief will notify the City Council of the retirement. The retirement program is maintained by the Fire Relief Association. Hugo Fire Department employees with ten (10) years of active service are eligible to receive retirement benefits. The Fire Chief shall be responsible for notifying the Relief Association in a timely manner upon notice of retirement. 58.0 Resignations Any employee wishing to leave the City’s service in good standing shall file with the City Administrator, at least fourteen (14) days before leaving, a written resignation stating the effective date of resignation. Failure to comply with this procedure is cause for the City to deny the employee future employment with the City and terminal leave benefits. Unauthorized absence from work for a period of three working days may be considered as a resignation without such benefits, with the exception of on-call employees. 59.0 Severance Pay Upon resignation in good standing, retirement, death or disability of an employee, the employee, or named beneficiary, shall be paid 100% of the employee’s personal leave and compensatory time then accumulated, and the pay shall be at the employee’s rate of pay on the last date of employment. 34 LEAVE BENEFITS 28.0 Personal Leave Personal Leave is granted to all regular, full-time employees of the City to maintain their physical and emotional well-being. It serves the combined functions of what have traditionally been called vacation and sick leave. Employees are encouraged to take Personal Leave in the year eligible, but are authorized to carry over and accumulate Personal Leave within the limits established in paragraph 25(d). a. Accrual: All regular, full-time employees shall be credited Personal Leave based on each full calendar month of employment as follows: Duration of Employment Hours per Month Under 6 Months……… 3 & 1/3 6 Months to 5 Years…. 10 Over 5 Years to 15 Years 15 & 1/3 Over 15 Years……….. 16 & 2/3 b. No Personal Leave shall be credited to an employee for periods when the employee has been on a lay-off or leave of absence without pay for a period of thirty days of more. c. Personal Leave is credited to an employee on January 1st of the year following its accrual. Employees leaving employment with the City in good standing and after giving proper notice shall be credited and paid for all personal leave then accumulated. Personal Leave pay shall be at the employee’s rate of pay on the last date of employment. d. Each employee may carry over Personal Leave from year to year, but the total amount credited to any employee shall not exceed 520 hours at any time. e. Personal Leave, for periods of up to two weeks, may be taken with the approval of the employee’s department head. Longer periods of Personal Leave require the approval of the City Administrator. f. All periods of Personal Leave must be approved in advance, except in emergencies where the health or safety of a person is at risk. Recognized emergencies include:  When an employee is unable to perform work duties due to illness, disability, the necessity of medical care, childbirth or pregnancy disability, or exposure to contagious disease where such exposure may endanger the health of others with who the Agenda Number G.11 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Ranell and Dan Tennyson – 12582 Ingersoll Avenue North Front yard and shoreland setback variances to allow the reconstruction of an existing accessory building DATE: March 3, 2022, for the Board of Zoning meeting on March 7, 2022 ZONING: Rural Residential (RR) REVIEW DEADLINE (120-days): March 20, 2022 1. BOARD OF ZONING UPDATE: At its Thursday, February 24, 2022, meeting the Board of Zoning held a public hearing and considered the request. There was no one that spoke during the public hearing except the applicant. Staff recommended approval of the variance requests. The Board of Zoning agreed the requests met the standards necessary to approve the variances and unanimously recommended approval to the City Council. 2. DESCRIPTION OF REQUEST: The property is approximately .55 acres in size. It is located on the east side of Sunset Lake along Ingersoll Avenue North. The applicant would like to reconstruct an accessory building and attach a lean-to. The accessory building will be reconstructed on the concrete pad that has been used for the existing accessory building. The applicants are requesting the two following variances: 1. A building setback to be 6.9 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. 2. A building front yard setback to be 19.8 feet from the front property property line, where 40 feet is required by ordinance. Tennyson Variance Page 2 2 Hugo City Code, Section 90-137, classifies Sunset Lake as a Recreational Development lake and requires a 100 foot setback for structures. 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 4. ANALYSIS: A. Surrounding Land Use and Zoning The property is guided as Large Lot Residential (LL) in the 2040 Land Use Plan and is zoned Rural Residential (RR). The surrounding properties are also guided LL and zoned RR. The surrounding properties are a combination of large lots and small lots closer to Sunset Lake. B. Natural Characteristics of the Site The property is along Sunset Lake. There are wetlands present on the property along the lake. No wetlands are proposed to be impacted with the application requests. The property slopes down towards the lake. C. Variance Standards Shoreland and Front Yard Setback Variances The applicants are requesting the two following variances: 3. A building setback to be 6.9 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. 4. A building front yard setback to be 19.8 feet from the east side property line, where 40 feet is required by ordinance. Staff used these standards to review the variance request and finds that it meets the standards as follows: (1) Law. The variance as requested is permissible by law. The variance request is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: Tennyson Variance Page 3 3 a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The property has a home and accessory building on the property. The property owner would like to reconstruct the accessory building because the age and condition of the garage. Accessory buildings are allowed in the Rural Residential (RR) zoning district and meets the size allowed in that zoning district. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique because it narrow and sits tightly between Sunset Lake and Ingersoll Avenue North. Between the home and the accessory building are the septic system lines and well that limit construction of a building in that location. Further, construction of a building on any portion of the site would require a variance. The strict enforcement of the ordinance would cause undue hardship because the property owner would not have a building area for an accessory building without the granting of variances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Several homes and accessory buildings in the area do not meet the shoreland setback requirements. The building is proposed to be in line with the other homes in the area. The proposed variance requests would not change the overall character of the area. It is in staff opinion that there are practical difficulties in meeting the shoreland setback requirements. If the applicant were to meet the shoreland setbacks, there would not be a building area for an accessory building. The proposed building area related to the proposed setbacks will fit in with the other homes and accessory buildings on the neighborhood. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the shoreland setback requirement is to keep buildings a reasonable distance from the lakes. There is an accessory building already on the property and the applicant is simply requesting to reconstruct the accessory building. The variance requests would not change the overall character of the area, therefore, would meet the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. The construction of an accessory building is allowed in the RR zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued Tennyson Variance Page 4 4 within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. A portion of the property is located within a FEMA designated floodplain. The reconstructed accessory building will not be located in this area. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. Septic and well are already on the property. 5. CONCLUSION: It is in staff’s opinion that the applicant meets all requirements necessary to approve the shoreland and front yard setback variance requests. 6. STAFF RECOMMENDATION: Staff recommended approval of the variances to allow the following: 1. A building setback to be 6.9 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. 2. A building front yard setback to be 19.8 feet from the front property line, where 40 feet is required by ordinance. 7. BOARD OF ZONING RECOMMENDATION: At its Thursday, February 24, 2022, meeting the Board of Zoning held a public hearing and considered the request. There was no one that spoke during the public hearing except the applicant. Staff recommended approval of the variance requests. The Board of Zoning agreed the requests met the standards necessary to approve the variances and unanimously recommended approval to the City Council. ATTACHMENTS: 1. Location Map 2. Resolution for Approval of Shoreland and Front Yard Setback Variance Requests 3. Property Survey 4. Accessory Building Elevations 5. DNR Comment Letter Ingersoll Avenue NorthTennyson Variances - 12582 Ingersoll Ave N Location Map Hugo, MN Site Roads Hugo Border Parcel Boundary ¯0 100Feet1 in = 100 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2022\Tennyson Variances.mxdSite RESOLUTION 2022-7 APPROVING VARIANCES TO ALLOW RECONSTRUCTION OF AN ACCESSORY BUILDING WITHIN THE FRONT YARD AND SHORELAND SETBACK REQUIREMENTS OF SUNSET LAKE FOR THE PROPERTY LOCATED AT 12582 INGERSOLL AVEUNE NORTH WHEREAS, Ranell and Dan Tennyson have requested variances to reconstruct an accessory building 6.9 feet from the ordinary high water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance, and to be 19.8 feet from the front property line, where 40 feet is required by ordinance, legally described as: Lots 27, 28, and 29, Sunset Park, Washington County, Minnesota WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance requests at a duly called public hearing and recommended approval, and; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance requests to construct a house 6.9 feet from the ordinary high water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance, and to be 19.8 feet from the front property line, where 40 feet is required by ordinance, with the following findings: 1. The requested variance is from the setback requirement of the ordinance and is permissible by law. 2. Because of circumstances unique to the property, there are practical difficulties on meeting the ordinance. 3. The applicant is proposing to use the property in a reasonable manner and construction of a single family homes house is allowed in the Rural Residential District. 4. The proposed variance would not noticeably alter the character of the area. 5. The granting of the variance would be in keeping with the spirit and intent of the ordinance. 6. Single family homes are a permitted use in the Rural Residential District. 7. The variance will not alter that floodplain. 8. The subject property will be served by individual well and septic systems. 9. The proposed building shall meet all zoning and shoreland requirements in the City Code. Resolution 2022-_____ Page 2 ADOPTED by the City Council this 7th day of March, 2022 _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Central Region Headquarters 1200 Warner Road Saint Paul, MN 55106 February 17, 2022 Emily Weber, Community Development Assistant City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Tennyson Variance Application, 12582 Ingersoll Avenue, Hugo Dear Emily Weber, Thank you for notifying DNR of the upcoming hearing to discuss the Tennyson variance application for the property at 12582 Ingersoll Avenue North in Hugo. In the course of reviewing the applicant’s request for a variance to allow an accessory structure to be built 6.9 feet from the ordinary high water level (OHWL) of Sunset Lake, I observed a 2021 aerial photo in Google Maps that appears to show intensive removal of trees along the property’s shoreline. When compared to aerial photos from 2020 in the Washington County Property Viewer, it’s apparent that the removal has resulted in a substantial reduction in shading of the lake water surface and in screening of the garage as viewed from the water during summer, leaf-on conditions. The vegetation removal appears to be inconsistent with Sec. 90-181(i) of the city’s code and the state’s shoreland management standards. In addition to screening structures and providing shade, I note that shoreline vegetation is critical for preventing erosion and stabilizing shorelines. Please see the attached DNR’s guidance document on variances from OHWL setback standards in shoreland. Should the city determine that the factual findings support granting the variance, I recommend the city impose conditions requiring establishment of shoreline vegetation to restore screening of the accessory structure as viewed from the water. DNR’s Maintaining and Restoring Natural Shorelines webpage is a useful resource. Sincerely, Dan Scollan East Metro Area Hydrologist cc: Dan Petrik, DNR Lake & River Shoreland Program Manager John (Jack) Gleason, DNR South District Hydrologist Supervisor Attachments: Shoreland & Floodplain Variance Guidance Series – OHWL Setbacks Page 1 of 2  Variance Guidance Series – OHWL Setback, Updated 10/10/2012    Shoreland & Floodplain  Variance Guidance Series  This is one of a series of examples developed as guidance for considering variance requests along  lakes and rivers. Consult your local shoreland, floodplain, and river‐related ordinances.    Why are setbacks from the OHWL important?  The Ordinary High Water Level (OHWL) is a dynamic area of high biodiversity and ecological function, as well as the regulatory line that separates local land use and state public waters jurisdictions. Setbacks from the OHWL are established in statewide rules and administered through local ordinances to ensure adequate spacing between structures and public waters to protect against runoff and pollution, and to preserve the natural shoreline. Local governments have limited discretion to deviate from - or grant a variance to - a required setback. They may do so only if all of the variance criteria established in state statutes and their local ordinances are met. In evaluating such requests, local governments must examine the facts, determine whether all statutory and local criteria are satisfied, and develop findings to support the decision. If granted, local governments may impose conditions to protect resources. An example OHWL variance request, with considerations, is provided below.   Example OHWL Setback Variance Request  A property owner requests a variance to construct a 1000 square foot  addition on an existing home on a lake. The proposed addition would  be located 75 feet from the OHWL of the lake instead of 100 feet as  required by the local shoreland ordinance. The property owner claims  that the addition is needed to provide extra space for a growing  family, that it will improve the value and appearance of the property,  and that there is no other reasonable location on the property due to  the design of the home and an adjacent wetland.     Considerations for Findings  A good record and findings help keep communities out of lawsuits and help them prevail if they find themselves in one. In evaluating the facts and developing findings for this variance request, all of the following statutory criteria must be satisfied, in addition to any local criteria:  Is the variance in harmony with the purposes and intent of the ordinance?   Considering a variance request is a balancing test that requires weighing the need of an individual property owner against the purposes of the local shoreland regulations - in this case a setback from the OHWL - for protecting public waters. Statewide Shoreland Management Rules establish structure setbacks from the OHWL for several reasons, including but not limited to managing the effects of shoreland crowding, preventing pollution of surface water, and maintaining property values and natural characteristics of shorelands. These regulations are implemented through local ordinances. Considerations: What are the purposes of the OHWL setback as established in the local shoreland ordinance – what is it intended to prevent or protect? Will deviating from the required OHWL setback on this property undermine the purposes and intent? Why or why not?  Is the variance consistent with the comprehensive plan?  The local comprehensive plan establishes a framework for achieving a community’s vision for the future. Most plans contain goals and policies for protecting natural resources and shorelands, as well as maps that identify areas of high risk or with high ecological value where development should be avoided. The variance request must be considered with these goals and policies in mind. Maps should be consulted to determine if the property is within any areas identified for protection. Considerations: Which goals and policies apply? Is allowing structural encroachment within the OHWL setback area on this property consistent with these goals and policies? Why or why not?   OHWL Setbacks  Grading Limits Page 2 of 2  Variance Guidance Series – OHWL Setback, Updated 10/10/2012     Are there unique circumstances to the property not created by the landowner?  Unique circumstances relate to physical characteristics of the land such as lot dimensions, steep slopes, poor soils, wetlands, and trees that prevent compliance with the required setback. These do not include physical limitations created by the property owner or personal circumstances such as a growing family or design preferences. Consider what distinguishes this property from other shoreland properties to justify why the applicant should be allowed to deviate from the required setback when others must comply. Considerations: What physical characteristics are unique to this property that prevent compliance with the setback requirement? Were any difficulties in meeting the setback created by some action of the applicant? Has the applicant demonstrated no other feasible alternatives exist that would not require a variance?  Will the variance, if granted, alter the essential character of the locality?  Consider the size of the proposed structure, the extent of encroachment, and how it relates to the shoreline and hydrology of the riparian area. A large addition and associated grading close to the shoreline can detract from the natural appearance and character of the lake and its riparian areas and degrade water quality by altering topography, drainage, and vegetation in the riparian area, negatively affecting recreational, natural, and economic values. Considerations: Does the variance provide minimal relief or a substantial deviation from the required setback? Does it affect the natural appearance of the shore from the lake? Does it affect the hydrology of the area?  Does the proposal put property to use in a reasonable manner?  Examine the reasons that the variance is requested and evaluate them in light of the purposes of the local shoreland ordinance and the public water resource at stake. The OHWL setback is generally intended to keep development away from the water’s edge and to maintain the natural characteristics and function of the shoreline. As such, development within the setback area should only be considered when no other alternatives exist, particularly if the public water at stake is impaired or at risk of becoming impaired. Considerations: Has the applicant demonstrated that the proposed addition is reasonable in this location given the sensitivity of the riparian area, any known water quality impairments, and the purposes of the setback regulations? How or how not? Note: The last three criteria address practical difficulties. Economic considerations alone cannot create practical difficulties.    Range of Outcomes  Based on the findings, several outcomes can occur:   If the applicant fails to prove that all criteria above are met, then the variance must be denied. For example,  the local government may find the proposed size and design of the addition creates the circumstances  necessitating a variance rather than unique physical characteristics of the property.   If the applicant demonstrates that all criteria are met, then the variance may be granted. For example, the  local government may find that the circumstances are unique given the adjacent wetland, that the  encroachment of the addition within the setback is reasonable given its orientation, that it won’t alter the  hydrology and natural characteristics of the riparian area, and that there would be no other impacts.   If the variance is granted and the addition in any way affects the setback area or public water, then conditions  may be imposed to mitigate the impacts. For example, the local government may find that the addition  increases the home’s visibility from the water and that the associated grading alters the hydrology of the area,  and impose conditions such as reducing the size of the addition, decreasing the amount of grading involved,  requiring tree protection measures, and requiring rain gardens to infiltrate additional runoff.  Conditions on Variances  If findings support granting the variance, consideration must be given to the impacts on the lake or river and the riparian area, and appropriate conditions to mitigate them. Conditions must be directly related and roughly proportional to the impacts created by the variance. Examples are provided below:  Additional impervious coverage within the setback area – require a smaller addition, rain garden, riparian buffer, or other method to reduce and/or infiltrate additional runoff before entering the lake;  Increased crowding and visibility of structures from the lake – require the planting of native trees, shrubs, and grasses to reduce the visibility of the structure and maintain natural characteristics; and/or  Reduced natural characteristics and habitat – require protection of existing trees during construction and/or restoration of an equivalent area within the setback to native vegetation to maintain the natural characteristics and ecological functions of the riparian area (which also treats stormwater). More information at: www.dnr.state.mn.us/waters/watermgmt_section/shoreland/variances.html  CITY OF HUGO PARKS COMMISSION REPORT TO: Bryan Bear, City Administrator FROM: Shayla Denaway, Parks Planner SUBJECT: Construction Payment Request #7 Lions Park Pavilion Schreiber Mullaney Construction DATE: March 4, 2022 for the City Council meeting of March 7, 2022 1. BACKGROUND: Please find the enclosed application for payment for the City of Hugo Lions Park Pavilion in the amount of $787,621.21. The quantities completed to date have been reviewed and agreed upon by the architect, contractor and city staff. This is the seventh payment request and the amount indicated above reflects the work certified through February 25, 2022. A 5% retainage is applied and the total retainage being held for the project to date $105,521.62. 2. RECOMMENDATION: Staff recommends the City Council approve payment request #7 in the amount of $787,621.21 to Schreiber Mullaney Construction. 787,621.212-28-2022 CITY OF HUGO CITY COUNCIL AGENDA REPORT TO: Bryan Bear, City Administrator FROM: Scott Anderson, Public Works Director SUBJECT: Construction Payment Request #17 Hugo Public Works Facility Ebert Construction DATE: For the City Council Meeting of March 7, 2022 BACKGROUND Please find the enclosed application for payment for the City of Hugo Public Works Facility project in the amount of $216,130.36. The quantities completed to date have been reviewed and agreed upon by the architect, contractor and city staff. The amount indicated above reflects the work certified through February 2022, with a 5% retainage applied. Total retainage being held for the project to date is $466,168.08. DESIRED ACTION Staff recommends the City Council approve payment request #17 in the amount of $216,130.36 to Ebert Construction for the construction of the City of Hugo Public Works facility. March 7, 2022 Honorable Mayor and City Council City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: 140th Street Extension Project Approve Plans and Specifications and Authorize the Advertisement for Bids WSB Project No. 019520-000 Dear Mayor and Council, Previously the Council had authorized staff to prepare plans and specifications for the 140th Street Extension Project. Proposed improvements for the project include construction of watermain, storm sewer and street west of Fenway Avenue, extending approximately 600 feet west of the existing road segment. This project has previously been added to the City Streets Capital Improvement Plan (CIP) and the extension will facilitate expansion of the Schwieters campus development. Assessments to Schwieters will be applied as previously outlined. Plans and Specifications have been prepared for the 140th Street Extension Project and are ready to be advertised for bidding. Staff is requesting approval of the plans and specifications for the project and authorization to advertise for bids. Staff will place the advertisement for bids which is required to run for a minimum of 21 days. Plans and Specifications are available for your review at City Hall. Consideration of awarding a construction contract will occur at a future City Council meeting. Staff recommends approval of the resolution approving plans and specifications and ordering advertisement for bids for the 140th Street Extension Project. If you have any questions or items you wish to discuss, you can contact me at 612-360-1278. Sincerely, WSB & Associates, Inc. Mark Erichson, PE City Engineer Attachment cc: Bryan Bear, City Administrator, City of Hugo Scott Anderson, Public Works Director, City of Hugo Liz Finnegan, Senior Engineering Technician, City of Hugo Rachel Juba, Community Development Director C:\Users\michele.lindau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\7QEGL1JX\RSLTN-ApprovePlansSpecsOrderAFB-030722.docx RESOLUTION NO. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 140TH STREET EXTENSION PROJECT WHEREAS, pursuant to direction by the Council, WSB has prepared plans and specifications for the 140th Street Extension Project and has presented such plans and specifications to the Council for approval; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUGO: 1. Such plans and specifications, a copy of which is on file at City Hall, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official City newspaper and the Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. 3. The advertisement shall be published in each of said publications at least once not less than three (3) weeks before the date set for opening bids, shall specify the work to be done, and shall state that bids will be received on-line through QuestCDN vBid™ until the date and time set for opening bids. Immediately following expiration of the time for receiving bids, representatives of the City of Hugo will publicly view at an online bid opening meeting. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless accompanied by a bid security in an amount of 5 percent of the bidder’s maximum bid price. Council members voting AYE: Council members voting NAY: Whereupon said resolution was declared passed and adopted this 7th day of March 2022. ________________________ Tom Weidt, Mayor ATTEST: ___________________________________ Michele Lindau, City Clerk 13/3/2022 3:04 PMMichele LindauSu Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31March 2022Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30April 2022March 2022Feb 2728Mar 1234567891011127:00pm City Council6:30pm BOZA7:00pm Planning Comm131415161718195:00pm Redistricting Workshop5:30pm EDA6:30pm Hist Comm7:00pm Parks CommSaint Patrick's Day (United States)202122232425267:00pm City Council6:30pm BOZA7:00pm Planning Comm2728293031Apr 12SUNDAY MONDAY TUESDAY WEDNESDAYTHURSDAY FRIDAY SATURDAY 23/3/2022 3:04 PMMichele LindauSu Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30April 2022Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31May 2022April 2022Mar 2728293031Apr 1234567897:00pm City Council5:30pm LBAE (Oneka Room) - Michele Lindau101112131415166:30pm BOZA7:00pm Planning CommTax Day (United States)8:00am Spring Cleanup17181920212223Easter Day (United States)7:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm24252627282930Administrative Professionals Day (United States)6:30pm BOZA7:00pm Planning CommSUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY