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