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HomeMy WebLinkAbout1999-132r i RESOLUTION NO. 9 9 -13 2 RESOLUTION APPROVING THE ENTRY OF A RIGHT OF ENTRY AND WAIVER OF TRESPASS AGREEMENT WITH REGARD TO THE DOCK CAFE FOR THE LEVY WALL CONSTRUCTION WHEREAS, the City is the local sponsor of an Erosion Control Project authorized by §363 of the Water Resources Act of 1992 Public Law 102-580, and; WHEREAS, it is the obligation of the City as the local sponsor of the Erosion Control Project to obtain all easements necessary for the United States Army Corps of Engineers and its contractors to construct the project according to the approved plans, and; WHEREAS, the Corps of Engineers has determined that in order to protect the integrity of the Levy Wall as constructed North of Nelson Street, it is necessary to install extensive rip rap on the property owned by the Dock Cafe to the South of Nelson Street and fronting on the St. Croix River, and; WHEREAS, negotiations have taken place between the City and the Dock Cafe with regard to construction of the project and conveyance of the easements however, the negotiations are not complete and a Right of Entry is required in order that the Untied States Army Corps of Engineers can advertise the project for bid, and; WHEREAS, a Right of Entry and Waiver of Trespass Agreement has been negotiated by representatives of the City and the Dock Cafe, and the Right of Entry and Waiver of Trespass Agreement is attached to this Resolution as Exhibit "A", and; WHEREAS, it appears in the best interest of the City that the Waiver of Trespass Agreement and Right of Entry be approved by the City and the Dock Cafe. AND NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. That the Right of Entry and Waiver of Trespass Agreement attached to this Resolution as Exhibit "A" as drafted by, and negotiated by the City Attorney, City Engineer and other representatives of the City is hereby approved. 2. That the City Attorney is authorized to obtained the signatures of the Dock Cafe Corporation on the instrument and to see that the executed document is forwarded to the Army Corps of Engineers in a form satisfactory to the Army Corps of Engineers. 3. That the City Treasurer is authorized to disperse from public funds reserved for this project the sum of Five Hundred Dollars and no/100 ($500.00) as the Owner's Appraisal Allowance pursuant to the Statutes of Minnesota. Enacted by the City Council of the City of Stillwater this 18`" day of May, 1999. CITY OF STILLWATER ~~~ ay im ayor ATTEST: c ~~ Mor i Weldon, Clerk RIGHT OF ENTRY AND WAIVER OF TRESPASS AGREEMENT THIS RIGHT OF ENTRY AND WAIVER OF TRESPASS AGREEMENT has been entered into this day of , 1999, by Dock Cafe Corporation, a Minnesota Corporation, Grantor, hereinafter referred to as "Owner", and the City of Stillwater, Washington County, Minnesota "City". WITNESSETH: WHEREAS, The City, its representatives, agents and contractors desire the right to enter upon the Owner's property for the purpose of constructing and maintaining an Erosion Control Project "Project" as described on Exhibits "A" and "B" as authorized by §363 of the Water Resources Act of 1992, Public Law 102-580, and the Owner desires to consent to the entry of the City, its representatives, agents and contractors to construct the Project; NOW THEREFORE, it is agreed by and between the parties hereto as follows: The owner hereby consents to allow the City, its representatives, agents and contractors, to enter upon that real -property more particularly described on Exhibits "A" and "B" "Property" for the purpose of constructing and maintaining the Project, and waives any claim for trespass with regard to the work. It is agreed that the Owner has not received just compensation for the right to enter and does not waive the right to receive full and adequate compensation for the granting of this right of entry for any temporary easements, for the granting of the necessary permanent easement needed for continued maintenance of the completed work, or for any other damages suffered on account of the EXHIBIT "A" Project. The purpose of this Agreement is to allow the City, its representatives, agents and contractors to commence construction immediately upon the execution of this Agreement and the Owner reserves the right to make all claims necessary for damages which may be incurred as a result of the Project, all claims being the responsibility of the City to satisfy. The City agrees to immediately undertake an appraisal of the damages that might accrue to the Property by reason of the Project and to obtain a survey of the temporary and permanent easements required to construct and to maintain and repair the Project after construction. Upon completion of the survey and the appraisal the City will offer the amount of appraised damages to the Owner in return for a conveyance of the temporary and permanent easements. The City agrees to pay to the Owner the statutory allowance of Five Hundred and no/100 ($500.00) to allow Owner to obtain its own appraisal. The City agrees to indemnify and hold the Owner and Owner's property harmless from any claims, liens, liability or other damages that might occur because of the Project to the extent permitted by Minnesota law limiting Municipal Tort Limits. If the City and Owner are unable to reach agreement with regard to damages with six months from the date of this agreement the City will institute Eminent Domain proceedings pursuant to l~~innesota Statute 117, in order that the Owner is afforded Due Process with regard to the taking of its land for the purposes described. Construction activities related to the Project shall not occur on Saturdays, Sundays or legal holidays or between the hours of 4:30 p.m. and midnight on weekdays without the express written agreement of the Owner. The City agrees to waive any right to levy assessments against the property for any special benefit Owner might receive from the Project. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this day of , 1999. Dock Cafe Corporation By Michael G. McGuire Its President CITY OF STILLWATER BY: Jay L. Kimble, Its Mayor and Morli Weldon, Its City Clerk STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this day of May, 1999, by Jay L. Kimble, Mayor and Morli Weldon, Clerk, for the City of Stillwater. Notary Public