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HomeMy WebLinkAboutCity Council Resolution 2013-272CITY OF PLYMOUTH RESOLUTION No. 2013-272 RESOLUTION ACCEPTING DONATION OF CERTAIN REAL PROPERTY FROM ROGER SCHMIDT WHEREAS, Roger Schmidt is fee owner ("Owner") of real property located within the City of Plymouth described on the attached Exhibit "A" (the "Schmidt Property"); and WHEREAS, Owner desires to donate to the City of Plymouth a portion of the Schmidt Property legally described on the attached Exhibit "B" (the "Subject Property") upon the following conditions: A. The City is responsible for completing the administrative approval process to create the Subject Property as a separate tax identification parcel; B. Owner will execute and deliver to Hennepin County a lot combination request combining the remainder of the Schmidt Property to the Owner's abutting parcel, legally described on the attached Exhibit "C" (the "Schmidt Homestead"), which request will be filed with the County simultaneously with the lot split approval creating the new parcel legally described in Exhibit D ("New Schmidt Homestead"); C. The Subject Property will be used by the City for park and woodland purposes in perpetuity and the name of the park will be "Schmidt Woodlands Park"; D. The City grant a license to the Owner and the Owner's immediate family to allow for gardening on the Subject Property in the area identified in Exhibit "E" for as long as the Owner Roger Schmidt owns the Schmidt Homestead; E. The City grant a license to the Owner and the Owner's immediate family permitting them to tap trees on the Subject Property for collection of maple syrup until the later of (i) December 31, 2023; or (2) sale of the Schmidt Homestead to a third party who is not an immediate family member to Owner; F. The City will pay all costs and expenses associated with the administrative lot subdivision and combination of the remainder of the Schmidt Property with the Schmidt Homestead, transferring the Subject Property to the City, surveys, property evaluation, and any other expenses including attorney fees (not to exceed $500) associated with the donation of the Subject Property to the City. (Hereinafter, collectively referred to as "the Conditions"). l7l7lovl WHEREAS, Owner has executed the deed for the conveyance of the Subject Property to the City, and the deed will be recorded upon adoption of this Resolution and compliance with the conditions contained herein; and WHEREAS, the proposed acquisition of the Subject Property has no relationship to the City's Comprehensive Plan; and WHEREAS, pursuant to Minnesota Statutes Section 465.03, acceptance of a donation of real property shall be by resolution of the City Council adopted by a two-thirds majority. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The City Council hereby accepts the donation of the Subject Property by Roger Schmidt. 2. Pursuant to Minn. Stat. § 462.356, subdivision 2, the Council finds that the proposed acquisition of the Subject Property has no relationship to the City's comprehensive municipal plan. 3. The Mayor and City Manager are authorized to execute any documents which, in the opinion of the City Attorney, are necessary to effectuate this transaction. The City Clerk is specifically designated as the person who can sign IRS Form 8283. ADOPTED this the 27th day of August, 2013, by the City Council of the City of Plymouth, Minnesota. 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 August 27, 2013 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 171710v1 2 EXHIBIT "A" Legal Description of Schmidt Property The West 200.00 feet of the East 5 13. 05 feet of the North 208.70 feet of the South 740.00 feet of the Northwest Quarter of the Southwest Quarter of Section 8, Township 118, Range 22. Also that part of the East 513.05 feet of said Northwest Quarter of the Southwest Quarter lying North of the South 740.00 feet and South of the Southerly Right of Way line of the Minneapolis, St. Paul and Sault St. Marie Railroad, EXCEPT the East 33.00 feet thereof taken for County Road 74. 171710v1 EXHIBIT "B" Legal Description of Subject Property The West 200.00 feet of the East 5 13. 05 feet of the North 208.70 feet of the South 740.00 feet of the Northwest Quarter of the Southwest Quarter of Section 8, Township 118, Range 22. Also that part of the East 513.05 feet of said Northwest Quarter of the Southwest Quarter lying North of the South 740.00 feet and South of the Southerly Right of Way line of the Minneapolis, St. Paul and Sault St. Marie Railroad. EXCEPT the East 33.00 feet thereof taken for County Road 74. AND EXCEPT the following described tract: Beginning at the intersection of a line drawn parallel with and distant 33.00 feet West of the East line of the Northwest Quarter of the Southwest Quarter of Section 8, Township 118, Range 22 and a line drawn parallel with and distant 790.00 feet North of the South line of said Northwest Quarter of the Southwest Quarter; thence westerly, parallel with South line of said Northwest Quarter of the Southwest Quarter, 248.64 feet; thence deflect to the left 50 degrees 12 minutes 17 seconds, 88.79 feet to its intersection with a line drawn parallel with and distant 338.05 feet West of East line of said Northwest Quarter of the Southwest Quarter; thence Southerly, parallel with said East line, 190.68 feet to the South line of the North 208.70 feet of the South 740.00 feet of said Northwest Quarter of the Southwest Quarter; thence Easterly, parallel with said south line of the North 208.70 feet of the South 740.00 feet, 305.46 feet to a line drawn parallel with and distant 33.00 feet West of the East line of said Northwest Quarter of the Southwest Quarter; thence North 258.67 feet along said 33.00 foot parallel line to the point of beginning. 171710v1 4 EXHIBIT "C" Legal Description of Schmidt Homestead The North 208.70 feet of the South 740 feet of the East 313.05 feet of the Northwest Quarter of the Southwest Quarter of Section 8, Township 118, Range 22, except the east 33 feet thereof taken for County Road 74. 171710v1 EXHIBIT "D" Legal Description of New Schmidt Homestead Beginning at the intersection of a line drawn parallel with and distant 33.00 feet West of the East line of the Northwest Quarter of the Southwest Quarter of Section 8, Township 118, Range 22 and a line drawn parallel with and distant 790.00 feet North of the South line of said Northwest Quarter of the Southwest Quarter; thence westerly, parallel with South line of said Northwest Quarter of the Southwest Quarter, 248.64 feet; thence deflect to the left 50 degrees 12 minutes 17 seconds, 88.79 feet to its intersection with a line drawn parallel with and distant 338.05 feet West of East line of said Northwest Quarter of the Southwest Quarter; thence Southerly, parallel with said East line, 190.68 feet to the South line of the North 208.70 feet of the South 740.00 feet of said Northwest Quarter of the Southwest Quarter; thence Easterly, parallel with said south line of the North 208.70 feet of the South 740.00 feet, 305.46 feet to a line drawn parallel with and distant 33.00 feet West of the East line of said Northwest Quarter of the Southwest Quarter; thence North 258.67 feet along said 33.00 foot parallel line to the point of beginning. EXHIBIT "E" Depiction of area for gardening LICENSE AGREEMENT (Gardening) THIS LICENSE AGREEMENT is made on , 2013 between the City of Plymouth, a Minnesota municipal corporation, whose address 3400 Plymouth Boulevard, Plymouth, Minnesota 55447 (the "City") and Roger Schmidt, whose address is 4815 Holly Lane, Plymouth, Minnesota 55447 (the "Licensee"). 1. License to Use Property. Subject to the terms and conditions of this License Agreement, the City hereby grants to Licensee a non-exclusive license to use a portion of the city property legally described in the attached Exhibit A (the "Property") in the area identified in Exhibit B for gardening. No other rights are granted or conferred upon the Licensee or those using the Garden by this License Agreement. 2. Term. Unless terminated as otherwise provided herein, the term of this License Agreement shall commence upon its date of execution and shall expire when Licensee ceases to own the Schmidt Homestead; and 3. Use of Property. A. The Licensee and his immediate family members shall be permitted to use the designated area of the Property for the purposes of gardening, as described in this License Agreement, and shall not use the Property for any other purposes. B. The Licensee shall not use the Property, or permit anything to be done in or about the Property, which will in any way conflict with any law, statute, ordinance, or governmental rile or regulation. The Licensee shall not use, generate, store, or dispose of any Hazardous Materials in or about the Property. The term "Hazardous Material" shall mean asbestos, petroleum, and any other hazardous or toxic substance, material, or waste which is, or becomes, regulated by any local governmental authority, the State of Minnesota, or the United States Government. Except as expressly allowed by the City in writing, the Licensee shall not use or allow the use of non-organic garden fertilizers, herbicides or pesticides. The Licensee shall use and keep the Property in a clean and orderly condition. Licensee shall not interfere with City uses of the Property. 4. Insurance. The Licensee agrees that prior to its use of the Property under this License Agreement that it will maintain comprehensive liability and property insurance for its use of the Property. 5. Alterations and Improvements. The Licensee shall be responsible for the following respective obligations and conditions: A. Maintain fencing surrounding the garden in good repair and consistent with City ordinances. B. Weed garden and areas immediately surrounding garden and fencing, clean and maintain site. C. At the end of the growing season and following harvest, remove or till under all vegetation and cover with material acceptable to City to manage erosion and to preserve the site. 6. Prohibitions. A. The Licensee shall not make any other alterations, improvements, or installations in or to the park property or designated donation garden area without the City's prior written consent, which consent may be withheld in the City's absolute and sole discretion. B. Except for existing fencing, no additional permanent strictures are allowed. C. No use of the Property before dawn or after dusk. D. No composting on site. E. On-site storage of gardening equipment outside of the garden -fenced area is not permitted on the Property. 7. Assignment. The Licensee shall not transfer or assign this License Agreement to any other party. 8. Indemnification. Licensee agrees to indemnify and save harmless the City from and against all liability, damages, penalties, judgments, or claims of whatever nature arising from injury to person or property sustained by anyone arising out of negligent use by the Licensee, his family members, guests and invitees of the Property and will at Licensee's own cost and expense defend any and all suits or actions (just or unjust) which may be brought against the City or in which the City may be impleaded with others upon any such above-mentioned matter, claim, or claims. This indemnity and hold harmless agreement will include indemnity against all costs, expenses, and liabilities incurred in or in connection with any such claims or proceedings brought thereon and the defense thereof. All of the indemnifications contained in this License Agreement shall survive the expiration or termination of this License Agreement. 9. Default. If the Licensee violates or fails to perform any of the other conditions, covenants or agreements herein made by the City, and such default continues for five (5) days after written notice from the City, such violation or failure shall constitute an Event of Default. Upon the occurrence of an Event of Default, the City may, in addition to any other remedies available to the City at law or in equity, immediately revoke the license granted by this License Agreement without any further notice to the Licensee. Neither the passage of time after the occurrence of the Event of Default nor the exercise by the City of any other remedy with regard to such Event of Default shall limit the City's rights under this Section. 10. Miscellaneous Governing Provisions. This License Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. No failure on the part of a party to this License Agreement to exercise, and no delay in exercising, any rights contained in the License Agreement shall operate as a waiver of such rights, nor shall any single or partial exercise of any rights hereunder preclude any other or fi rther exercise of such rights or the exercise of any other right. The remedies provided in this License Agreement are cumulative and not exclusive of any other remedy provided by law or equity. All terms and words used in this License Agreement shall be construed to include any other number and any other gender as the context or sense of this License Agreement or of any paragraph of this License Agreement may require as if such terms or words had been filly and properly written in the appropriate number and gender. Any exhibits to this License Agreement are a part of this License Agreement. Captions are provided for convenience and ease of reference only and do not affect or modify the terms of any of the provisions of this License Agreement. All of the provisions of this License Agreement are separable, so if any provision of this License Agreement is held to be ineffective by a court of competent jurisdiction, the remaining provisions of this License Agreement shall remain in full force and effect unless the invalidated provision is so fundamental to this License Agreement that the remaining provisions do not reflect the parties' intent. This License Agreement contains the entire agreement of the parties with respect to the subject matter of this License Agreement and supersedes any and all prior agreements and understandings between the parties with respect to the same. The terms of this License Agreement have been cooperatively negotiated by and among the parties hereto, and this License Agreement shall not be construed against any party hereto as its author. Only a written instrument executed by both parties may modify this License Agreement. Time is of the essence for each and every term of this License Agreement. All of the indemnifications contained in this License Agreement shall survive the expiration or termination of this License Agreement. This License Agreement may be executed in counterparts and, upon execution, each counterpart shall be considered an original. IN WITNESS WHEREOF, the parties have executed this License Agreement effective the day and year first above written. CITY OF PLYMOUTH By: Kelli Slavik Its Mayor By: Dave Callister Its City Manager LICENSEE Roger Schmidt LICENSE AGREEMENT (Maple Syrup) THIS LICENSE AGREEMENT is made on , 2013 between the City of Plymouth, a Minnesota municipal corporation, whose address 3400 Plymouth Boulevard, Plymouth, Minnesota 55447 (the "City") and Roger Schmidt, whose address is 4815 Holly Lane, Plymouth, Minnesota 55447 (the "Schmidt Homestead"), and the children of Roger Schmidt: Julia A. Schmidt, Paula S. Weber, David R. Schmidt, Steven J. Schmidt and Heidi S. Boyd (Roger Schmidt and his children are collectively referred to herein as the "Licensees"). 1. License to Use Property. Subject to the terms and conditions of this License Agreement, the City hereby grants to Licensee a non-exclusive license to tap trees on the City Property legally described in Exhibit "A" (the "Property") for collection of maple syrup. No other rights are granted or conferred upon the Licensee or those using the Garden by this License Agreement. 2. Term. Unless terminated as otherwise provided herein, the term of this License Agreement shall commence upon its date of execution and shall expire the later of the following: (i) when the Schmidt Homestead is sold to a party who is not a Licensee under the terms of this Agreement or (ii) December 21, 2023. 3. Use of Property. A. Licensees shall be permitted to use the Property to tap maple trees for collection of maple syrup only from March through May of each year during the term of this License. No processing of maple syrup shall be conducted on the Property. B. Licensees shall not use the Property, or permit anything to be done in or about the Property, which will in any way conflict with any law, statute, ordinance, or governmental rile or regulation. Licensees shall not use, generate, store, or dispose of any Hazardous Materials in or about the Property. The term "Hazardous Material" shall mean asbestos, petroleum, and any other hazardous or toxic substance, material, or waste which is, or becomes, regulated by any local governmental authority, the State of Minnesota, or the United States Government. Except as expressly allowed by the City in writing, Licensees shall not use or allow the use of non- organic garden fertilizers, herbicides or pesticides. Licensees shall use and keep the Property in a clean and orderly condition. Licensees shall not interfere with City uses of the Property. 4. Insurance. Licensees agree that prior to use of the Property under this License Agreement that they will maintain comprehensive liability and property insurance for their use of the Property. 5. Prohibitions. A. Licensees shall not make any other alterations, improvements, or installations in or to the Property without the City's prior written consent, which consent may be withheld in the City's absolute and sole discretion. B. No permanent strictures shall be installed: 1. No buildings or strictures, sheds, gazebos, farm stands, etc. 3. No picnic tables, storage bins/containers, bike racks, compost containers, lighting, or raised planting beds. E. No use of the Property before dawn or after dusk. F. No composting on site. E. Except for buckets for collection of maple syrup, on-site storage of equipment for collection or processing of maple syrup is not permitted on the Property. 6. Assignment. Licensees shall not transfer or assign this License Agreement to any other party. 7. Indemnification. Licensee agrees to indemnify and save harmless the City from and against all liability, damages, penalties, judgments, or claims of whatever nature arising from injury to person or property sustained by anyone arising out of negligent use by the Licensees, their family members, guests and invitees of the Property and will at Licensees' own cost and expense defend any and all suits or actions (just or unjust) which may be brought against the City or in which the City may be impleaded with others upon any such above-mentioned matter, claim, or claims. This indemnity and hold harmless agreement will include indemnity against all costs, expenses, and liabilities incurred in or in connection with any such claims or proceedings brought thereon and the defense thereof. All of the indemnifications contained in this License Agreement shall survive the expiration or termination of this License Agreement. 8. Default. If Licensees violate or fail to perform any of the other conditions, covenants or agreements herein made by the City, and such default continues for five (5) days after written notice from the City, such violation or failure shall constitute an Event of Default. Upon the occurrence of an Event of Default, the City may, in addition to any other remedies available to the City at law or in equity, immediately revoke the license granted by this License Agreement without any further notice to the Licensees. Neither the passage of time after the occurrence of the Event of Default nor the exercise by the City of any other remedy with regard to such Event of Default shall limit the City's rights under this Section. 9. Miscellaneous Governing Provisions. This License Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. No failure on the part of a party to this License Agreement to exercise, and no delay in exercising, any rights contained in the License Agreement shall operate as a waiver of such rights, nor shall any single or partial exercise of any rights hereunder preclude any other or fi rther exercise of such rights or the exercise of any other right. The remedies provided in this License Agreement are cumulative and not exclusive of any other remedy provided by law or equity. All terms and words used in this License Agreement shall be construed to include any other number and any other gender as the context or sense of this License Agreement or of any paragraph of this License Agreement may require as if such terms or words had been filly and properly written in the appropriate number and gender. Any exhibits to this License Agreement are a part of this License Agreement. Captions are provided for convenience and ease of reference only and do not affect or modify the terms of any of the provisions of this License Agreement. All of the provisions of this License Agreement are separable, so if any provision of this License Agreement is held to be ineffective by a court of competent jurisdiction, the remaining provisions of this License Agreement shall remain in full force and effect unless the invalidated provision is so fundamental to this License Agreement that the remaining provisions do not reflect the parties' intent. This License Agreement contains the entire agreement of the parties with respect to the subject matter of this License Agreement and supersedes any and all prior agreements and understandings between the parties with respect to the same. The terms of this License Agreement have been cooperatively negotiated by and among the parties hereto, and this License Agreement shall not be construed against any party hereto as its author. Only a written instrument executed by both parties may modify this License Agreement. Time is of the essence for each and every term of this License Agreement. All of the indemnifications contained in this License Agreement shall survive the expiration or termination of this License Agreement. This License Agreement may be executed in counterparts and, upon execution, each counterpart shall be considered an original. IN WITNESS WHEREOF, the parties have executed this License Agreement effective the day and year first above written. CITY OF PLYMOUTH By: Kelli Slavik Its Mayor By: Dave Callister Its City Manager LICENSEES Roger Schmidt Julia A. Schmidt Paula S. Weber David R. Schmidt Steven J. Schmidt Heidi S. Boyd