HomeMy WebLinkAbout2022-146 (Accepting and Granting Easements, Accepting Payment of Park Dedication Fees and Authorizing Certificate of Completion for Terra Springs)City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-146
A RESOLUTION ACCEPTING AND GRANTING EASEMENTS, ACCEPTING PAYMENT
OF PARK DEDICATION FEES AND AUTHORIZING CERTIFICATE OF COMPLETION
FOR TERRA SPRINGS
WHEREAS, the City of Stillwater, a Minnesota municipal corporation ("City"), by a
deed recorded in the Office of the County Recorder in Washington County, Minnesota, as
Document No. 3395505 on November 3, 2003, conveyed to Territorial Springs, LLC a
Minnesota limited liability company ("Developer"), the real property legally described in said
deed (the "Redevelopment Property"); and
WHEREAS, said deed was executed pursuant to that certain Contract for Private
Redevelopment between the City and Developer dated August 19, 2003 and recorded as
Document Number 3395508 on November 3, 2003 in the Office of the County Recorder,
Washington County, Minnesota, as amended by that Amended and Restated Contract for
Private Redevelopment between the City and Developer dated July 19, 2016 and recorded
as Document Number 4085595 on September 30, 2016 (collectively "Development
Agreement"), which contained certain covenants and restrictions; and
WHEREAS, the Developer constructed the Project and Public Improvements as
defined in the Development Agreement, including certain parks and trails; and
WHEREAS, the City owns real property in Washington County, Minnesota, legally
described as follows:
Outlot B, Terra Springs, Washington County, Minnesota, according to the recorded
plat thereof
(the "City's Property"), which is adjacent to the Redevelopment Property, and requires access
in order to maintain it; and
WHEREAS, in the Development Agreement, the parties agreed that in lieu of park
dedication fees for the Project, the Developer would grant the City easements over the trails
for the public, as well as to provide access to the City's Property; and
WHEREAS, pursuant to the Development Agreement, the Developer deposited
$125,000 with the City for maintenance of the trails into a Park Maintenance Fund; and
WHEREAS, the easements were never executed nor granted to the City; and
WHEREAS, the parties have determined that the trails within the Redevelopment
Property would not meet the expectations of the parties as fulfilling a public purpose and are
not needed for public trails; however, the City still requires access to the City's Property for
maintenance purposes; and
WHEREAS, instead of requiring the easements for public trails, the City has agreed
to accept the payment of park dedication fees and in exchange, the Developer retains
ownership of the trails; and
WHEREAS, the park dedication fee due to the City was calculated based on the
Project that was constructed and the current value of park dedication fees (175 residential
units at $2,000 each and 2 commercial units at $2,500 each, for a total fee of $355,000); and
WHEREAS, the total park dedication fee owed was offset by the present value of the
Park Maintenance Fund being retained by the City, which had a balance in the amount of
$134,876, thereby requiring a payment from the Developer of $220,124; and
WHEREAS, on October 18, 2022, Developer granted the City easements for access
to the City's Property, the City granted an easement to Developer for portions of the trail that
encroach onto the City's Property and Developer paid the park dedication fee balance of
$220,124.
NOW, THEREFORE, be it resolved by the City Council of the City of Stillwater as
follows:
1. The easements from the Developer to the City for access to the City's Property
are hereby accepted; the easement from the City to Developer is hereby
granted; and the appropriate officials are authorized to take such action as to
effectuate such easements.
Park dedication fee of $355,000 is hereby accepted (paid by check in the
amount of $220,124 from Developer and the Park Maintenance Fund of
$124,876).
Certifies that all construction of the Project and Public Improvements specified
to be done and made by Developer have been completed and the covenants
and conditions in the Development Agreement have been performed by
Developer therein and that the provisions for forfeiture of title and right to re-
entry for breach of condition subsequent by the City is hereby released
absolutely and forever, and the County Recorder in Washington County,
Minnesota, is hereby authorized to accept for recording and to record the filing
of this instrument against the Redevelopment Property, to be a conclusive
determination of the satisfactory termination of the covenants and conditions
relating to completion of the Project and Public Improvements.
Adopted by the Stillwater City Council this 15th day of November, 2022.
CITY OF STILLWATER
ATTEST:
Beth Wolf, City Cler
Ted Kozlowski, Mayor
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