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HomeMy WebLinkAboutCity Council Resolution 2019-155 C ITY OF P LYMOUTH R ESOLUTION N O. 2019-155 R ESOLUTION A PPROVING S UBORDINATION A GREEMENT STATING THE C ITY’S R IGHTS AND I NTERESTS IN P LATTED E ASEMENTS ARE S UBORDINATED TO AN E NVIRONMENTAL C OVENANT FOR THE P ROPERTY LOCATED AT 3900 V INEWOOD L ANE N ORTH WHEREAS, Cottonwood Plaza LLP is the owner of a retail center located at 3900 Vinewood Lane North, Hennepin County, Minnesota; and WHEREAS, Cottonwood Plaza LLP has installed an active vapor mitigation system at 3900 Vinewood Lane North in connection with a Minnesota Pollution Control Agency Voluntary Investigation and Cleanup of the former demolition landfill that existed on the site; and WHEREAS, in conjunction with installation of the vapor mitigation system the Minnesota Pollution Control Agency is requiring that Cottonwood Plaza LLP execute a Environmental Covenant for the subject property and represent and warrant that it has obtained a Subordination Agreement from anyone holding an interest and encumbrance against the subject property; and WHEREAS, the City has rights and interests in platted easements over the property located at 3900 Vinewood Lane North including those which permit the City to maintain in place public utilities; and WHEREAS, Cottonwood Plaza LLP has requested the City approve a subordination agreement stating the City's rights and interests in platted easements are subordinated to an environmental covenant for property located at 3900 Vinewood Lane North; and WHEREAS, the Environmental Covenant provides for a process which the City could repair public utilities within the easements in an emergency situation; and WHEREAS, the Environmental Covenant provides for a process which the City could replace public utilities within the easements in the future when necessary, and WHEREAS, it was determined by the City Council that the environmental benefits to allowing the property owner to install an active vapor mitigation system while entering into the subordination agreement outweigh those of denying the request. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the appropriate City Officials are authorized and directed to enter into the Subordination Agreement stating the City's rights and interests in platted easements are subordinated to an environmental covenant for property located at 3900 Vinewood Lane North. Resolution 2019-155 File 2019016 Page 2 ADOPTED by the City Council on this 28th day of May, 2019. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on May 28, 2019 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this ___________day of __________________, __________. ____________________________________ City Clerk