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CITY COUNCIL AGENDA REPORT
SEPTEMBER 5, 2006
5C
JANE KANSIER, PLANNING DIRECTOR
CONSIDER APPROVAL OF A RESOLUTION APPROVING AN
ENCROACHMENT AGREEMENT FOR A SUBDIVISION SIGN LOCATED ON
CITY-OWNED PROPERTY IN BELMONT ESTATES
Introduction
This agenda report recommends approval of an Agreement for the Private Use
of Public Property between the City of Prior Lake and Spring Lake Estates
Association (Toll Brothers). The agreement allows Toll Brothers to construct a
subdivision sign on a City-owned outlot in Belmont Estates, while indemnifying
the City from any claims relating to the sign.
Historv
The final plat of Belmont Estates was approved by the City Council on
December 5, 2005. Outlot A, Belmont Estates, was deeded to the City for
stormwater ponding purposes. There is a drainage and utility easement over
all of Outlot A.
Toll Brothers took over this development, along with the plats of Berens
Woods and Stemmer Ridge, in 2006, and use "Spring Lake Estates" as the
name for the entire development. They would like to place a subdivision
monument sign at the CSAH 17 entrance to the development. There is one
sign already located on the south side of Belmont Avenue. The second sign
will be located on the north side of Belmont Avenue.
Current Circumstances
The attached agreement is the City's standard Private Use of Public Property
Agreement. This agreement protects the City's interest in the outlot and holds
the City harmless if damage to the sign would occur as a result of gaining
access to the outlot for any reason.
The location of the sign does not appear to interfere with any drainage or other
utility issues. The attached Private Use of Public Property Agreement allows
the City to require removal of the sign with a 60-day notice. The agreement
also indemnifies the City against all claims or damages based on the location
of the sign.
There is no financial impact as a result of this agreement.
1. Adopt a Resolution approving the Private Use of Public Property
Agreement.
2. Direct staff to prepare a resolution denying the Agreement.
3. Defer this item and provide staff with specific direction.
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RECOMMENDED
MOTION:
Reviewed by:
(J6
Frank BOylU
UOG FiLES\06
The staff recommends Alternative #1.
A motion and second to approve a resolution approving the Private Use of
Public Property Agreement and authorizing the Mayor and City Manager to
execute the agreement.
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Maintenance Center
17073 Adelmann Street S.E.
Prior Lake, Minnesota 55372
RESOLUTION 06-xx
A RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT FOR A SUBDIVISION SIGN
LOCATED ON THE CITY-OWNED OUTLOT A, BELMONT ESTATES
Motion By:
Second By:
WHEREAS, Spring Lake Estates Association, Inc., a Minnesota Corporation, is the developer of
Belmont Estates; and
WHEREAS, The City is the fee owner of the following described property:
Outlot A, BELMONT ESTATES, according to the recorded plat thereof, Scott County,
Minnesota; and
WHEREAS, The developer would like to install a freestanding subdivision sign on Outlot A; and
WHEREAS, The developer is requesting approval of an Encroachment Agreement to allow for the
installation of the subdivision sign within the City-owned property, and
WHEREAS The City Council reviewed this agreement on September 5, 2006.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council of Prior Lake has determined the subdivision sign will not interfere with the public's
health, safety and welfare subject to the Private Use of Public Property Agreement.
3. The Mayor and City Manager are hereby authorized to execute the encroachment agreement on
behalf of the City.
PASSED AND ADOPTED THIS 5TH DAY OF SEPTEMBER, 2006.
YES
NO
I Haugen
Dornbush
Erickson
leMalr
Millar
Haugen
Dornbush
Erickson
leMalr
Millar
Frank Boyles, City Manager
F .,^r"i{hni(.~;~i~Rt\Brj$?~'g~~r59cn
Phone 952.440.9675 / Fax 952.440.9678
PERNITTAGREEMENTFOR
PRIVATE USE OF PUBLIC PROPERTY
THIS AGREEMENT is made and entered into this 5th day of September, 2006, by
and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation
(hereinafter referred to as "City"), and SPRING LAKE ESTATES ASSOCIATION,
INC., a Minnesota corporation, (hereinafter referred to as "Owner").
RECITALS
WHEREAS, Owner is the fee owner and developer of a tract of land in Scott
County, Minnesota, legally described as follows:
BELMONT ESTATES, according to the recorded plat thereof, Scott
County, Minnesota (hereinafter referred to as "Owner's Property"); and
WHEREAS, the City is the owner of property, legally described as follows:
Outlot A, BELMONT ESTATES, according to the recorded plat thereof,
Scott County, Minnesota (hereinafter referred to as "Permit Property");
and;
WHEREAS, Owner wishes to use the following described Permit Property for a
freestanding subdivision sign:
That part of Outlot A, BELMONT ESTATES, according to the recorded
plat thereof, Scott County, Minnesota, lying southwesterly of the
following described line:
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Commencing at the southwest comer of said Outlot A; thence South 89
degrees 40 minutes 32 seconds East, assumed bearing along the south line
of said Outlot A, a distance of 46.50 feet to the actual point of beginning
of the line to be described; thence North 43 degrees 08 minutes 21 seconds
West, a distance of67.00 feet to the west line of said Outlot A and said
line there terminating.
And;
WHEREAS, the proposed freestanding subdivision sign is shown on attached
Exhibit A; and
WHEREAS, Owners have requested the City to authorize continued use of the
Permit Property for freestanding subdivision sign purposes; and
WHEREAS, such continued use of the Permit Property is not inconsistent with
current use of the property by the City and the public; and
WHEREAS, the City may in the future desire to use the Permit Property for other
purposes which are not consistent with Owners use of the Permit Property, and therefore
the City intends to retain all of its right, title, and interest in the Permit Property;
NOW, THEREFORE, the parties agree as follows:
1. Permit. Owners shall be permitted to use the Permit Property for
freestanding subdivision sign purposes at Owner's sole expense and risk, and with full
knowledge that the City may, upon notice as provided herein, require Owner's
freestanding subdivision sign to be removed from the Permit Property at any future date,
at Owner's sole expense. The Permit Property must be kept open to the public use at all
items, and no fence or other obstruction may be placed on the Permit Property without
the prior written approval of the City, which may be given or withheld in the sole
discretion of the City.
2. Maintenance of Permit Prooertv: Modification. Owner shall maintain the
Permit Property in good condition at all times, at their sole cost and expense. If Owner
fails to do so, the City may cause the necessary repair or maintenance to be done at
Owner's cost. If Owner fails to pay the City for such costs, the City may assess the costs
against Owner's Property.
Owner shall not make any modifications to the freestanding subdivision sign or
otherwise modify the Permit Property without the prior written approval of the City,
which may be given or withheld in the sole discretion of the City.
3. Termination. In the event the City desires to use the Pennit Property for a
purpose which is inconsistent with freestanding subdivision sign use by Owner, to be
determined in the City's sole discretion, or in the event Owner fails to comply with any
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requirement of this Agreement within sixty (60) days after receiving a notice from the
City requesting such compliance, the City through its City Manager may terminate this
Permit Agreement by giving ninety (90) days written notice of termination to Owner by
certified mail at the following address:
Spring Lake Estates Association, Inc.
c/o Toll Brothers, Inc.
Corporate Center Curve
1400 Corporate Center Curve, Suite 110
Eagan, MN 55121-3442
Mary C. Taylor
Lindquist & Vennum, P .L.L.P
4200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402-2205
Such notice may, at the City's option, require Owner to completely remove the
freestanding subdivision sign from the Permit Property within said ninety (90) day notice
period, including all debris. If this Permit Agreement is terminated by the City as
provided herein, Owner will be solely responsible for all costs and expenses related to
construction of a freestanding subdivision sign which is located on Owners Property, in
accordance with all City Ordinances.
If Owner fails to remove the freestanding subdivision sign as required by a proper
notice of termination, the City may cause the removal to be done and the costs of such
work shall be paid by Owner. If Owner fails to pay the City for such costs, the City may
assess the costs against the Owner's Property.
4. Consent to Snecial Assessment. Owner hereby acknowledges and
consents to the City's right to specially assess any costs incurred by the City for any
repair or maintenance performed pursuant to Paragraph 2 of this Permit Agreement, or
any costs incurred by the City to remove Owner's freestanding subdivision sign from the
Permit Property pursuant to Paragraph 3 of this Permit Agreement. Owner waives any
right to protest or appeal any special assessment levied pursuant to this Permit
Agreement.
5. Future Develonment. Owner understands and acknowledges that the City
may utilize the Permit Property at some future date and in the sole discretion of the City.
In the event the City undertakes such development, and if this Permit Agreement is not
terminated by the City as provided above, Owner agrees to cooperate to the extent
practicable to use its best efforts to accommodate City's use of the Permit Property for
the purposes stated herein. However, Owner specifically acknowledges City has the
absolute right to terminate this agreement or otherwise require Owner to discontinue
Owner's use of the Permit Property, in which case Owner may be denied access to
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3
Owner's property. If such should occur, Owner will have no recourse against City,
including actions for diminution in value or a taking without compensation.
6. Indemnitv. Owner shall defend, indemnify, and hold harmless the City
and its employees, subcontractors, attorneys, agents, and representatives from and against
all claims, damages, losses, costs and expenses, including attorney's fees, which may be
incurred by or asserted against the City or for which the City may be held liable, which
arise out of or result from use of the permit Property for freestanding subdivision sign
purposes, including but not limited to the maintenance, repair or removal of Owner's
freestanding subdivision sign, except liability caused solely by the negligence of the City.
7. Insurance. As long as this Permit Agreement is in existence, Owner shall
maintain a general liability insurance policy which provides coverage for the Permit
Property for any damage to property of others or injuries to persons. Said insurance
policy shall provide coverage on an occurrence basis in an amount no less than One
Million Dollars ($1,000,000), and shall include contractual liability coverage to provide
coverage for the indemnification provision in Paragraph 6 above. Said policy shall name
the City as an additional insured, and shall contain a clause which provides that the
insurer will not cancel, non-renew, or materially change the policy without first giving
the City thirty (30) days prior written notice. Owner shall provide the City with a
Certificate of Insurance for said policy which specifically details the conditions of this
Paragraph 6.
8. Waiver of Claims. Owner acknowledges City's ownership of the Permit
Property and knowingly waives any and all claims against the City related to Owner's
use of the Permit Property, including but not limited to claims of abandonment,
diminution in value, takings and contractual claims arising out of this Permit Agreement,
except any claims which are the result of the sole negligence or willful misconduct of the
City or its employees or agents.
9. Condition ofProoertv. Owner accepts the Permit Property "as is" and the
City makes no warranties regarding the conditions of the Permit Property or the
suitability of Permit Property for Owner's purposes.
10. Bindine Effect. This Permit Agreement shall run with the land and shall
be binding on and inure to the benefit of the parties hereto, their heirs, successors, or
aSSIgns.
11. Whole Al!feement: Modifications. This Permit Agreement contains all of
the terms and conditions relating to the permit granted herein, and replaces any oral
agreements or other negotiations between the parties relating to the permit. No
modifications to this Permit Agreement shall be valid until they have been placed in
writing and signed by all parties hereto.
12. Recordation. Owner shall cause this Permit Agreement to be recorded in
the Office of the Scott County Recorder at their cost and expense.
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IN WIlNESS WHEREOF, the parties have executed this Permit Agreement as of
the date first above written.
CITY OF PRIOR LAKE
Jack G. Haugen, Mayor
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By:
By:
Frank Boyles, City Manager
STATE OF l'...u.~"~ESOTA)
)ss
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
20_, by Jack G. Haugen and Frank Boyles, The Mayor and City Manager, respectively of the
City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City
Council.
Notary Public
STATE OF MINNESOTA)
)ss
COUNTY OF Q~~ )
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. The foregoing instnunent was acknow,ed before mb this zz'\t day of A"'~"sr
20~,by lh:ch.Ltl No"""-,, and ,the_PrO;~A.J-
and c.;..- , respectively of. SY~ ~ ~..;t, on behalf of the
(corporation/partnership). ,-.
,....,;.:.....
;. ,.;..... JOHN J HELMER
i\.~ ~ NOTARY PUBLIC. MINNESOTA
..~ty r.lyComm. EXPlres.Jan. 31. 2010
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PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY
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