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HomeMy WebLinkAbout13.D.1. Park and Open Space Maintenance Agreement I 3. Q L CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Jamie Polley, Park, Recreation and Natural Resources Director Subject: Park and Open Space Maintenance Agreement-6825 Sussex Lane Meeting Date: November 4, 2009 INTRODUCTION: The Council is asked to approve a maintenance agreement with the property owner of 6825 Sussex Ln to continue to maintain a parcel of park property. BACKGROUND: On June 25, 2009 an encroachment removal letter was sent to the property owner of 6825 Sussex Lane. The property owner followed the process set forth in Resolution No. 6806, a Resolution of the City of Shakopee adopting the Process to Remove Park, Open Space and Conservation Easement Encroachments and requested within 10 days to appeal the encroachment to the PRAB. The area in question is a strip of park and open space that the resident at 6825 Sussex Lane. has been maintaining. On the West end of this space, the owner has installed a stone landscaped area with several coniferous trees covering an area roughly 40x25 ft. in Park land. On the east end of the space is a garden that extends 40 ft. into the Park and Open Space area. The park land north ofthe 6825 Sussex Ln in between these two encroachments is being mowed and irrigated by the residents at 6825 Sussex Lane., although there are no structures or landscaping features within this area, and there are two irrigation heads. The total size of the City property in question is .19 acres. On July 27,2009 the PRAB reviewed a letter submitted by the property owner outlining the history of the area. The property owner stated that the park area was graded to bare dirt when he moved into his home. He worked with the developer and the City to fix up the area. The developer purchased the sod and the homeowner stated that the City allowed him to maintain the sodded area. The PRAB tabled the encroachment for further information. Staff researched this development for any documentation pertaining to the agreement or permission to maintain this piece of park land, but no documentation was found. The PRAB revisited the encroachment issue on September 28,2009 and obtained further information. The PRAB asked staff to determine the use of this park area, and to meet with Public Works to discuss maintenance if the encroachment was removed. Staff found that the majority of this parkland is considered a wetland and therefore a trail cannot be constructed through this area at this time. This property may have the potential to become a trail if the wetland were to be reclassified to a non wetland status. The parkland will most likely remain a natural area similar to many of the park areas in the Southbridge development. Public Works viewed the area and did not see a public benefit; therefore they would not normally mow the area. It would be allowed to grow into a natural state. DISCUSSION The PRAB is recommending that the City Council enter into a maintenance agreement with the property owner at 6825 Sussex Ln that would allow him to continue to maintain the park property. A maintenance agreement is recommended instead of an encroachment agreement because the PRAB felt that this property owner followed the proper channels when he first received permission to sod and landscape the area when he purchased the house. The maintenance agreement would put into writing the verbal agreement the property owner had with the City when the house was purchased. In addition, this piece of property is between two houses and fronts onto a public street, and is therefore visible to the public--other encroachments reviewed were maintained areas that were not visible to the street and abutted a park area that had properties only along one side. The benefit in those cases was seen as being solely to the adjacent property owner. The PRAB felt that maintaining this particular area adds value to the neighborhood. The board directed staff to install additional park boundary markers so as to clearly mark the park area and install a sign and small walkway into the property to distinguish this property as park property, and not merely an extension of the property owner's yard. The maintenance agreement gives the property owner the rights to access the property to maintain it to the same standards as the property owner's property. The agreement can be terminated by the City Council. The maintenance agreement also allows the City to retain the rights to access the property and utilize it for any purpose. Finally, the property owner cannot discourage public's use of the park property. RELATIONSHIP TO VISIONING B. High Quality of Life RECOMMENDED ACTION: The City Council, if it concurs, should by motion direct that the City enter into a maintenance agreement with the property owner at 6825 Sussex lane for the continued maintenance of the approximately.19 acres of City park property, adjacent to that address Page 2 of2 LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this _ day of , 2005, by and between the CITY OF SHAKOPEE, a municipal corporation under the laws of Minnesota, having its principal office at 129 South Holmes Street, Shakopee, MN 55379 ("City"), and Mark Yost, ("Licensee"). WHEREAS, the Licensee is the owner of real estate located at 6825 Sussex Lane in the City of Shakopee, County of Scott, State of Minnesota, which is legally described on the attached Exhibit A and incorporated in this License Agreement (the "Licensee Property"); and WHEREAS, the City is the owner in trust of approximately .19 acres of park land which has been dedicated to the City and which lies immediately adjacent to the Licensee Property (the "Property") and is described in Exhibit B; and WHEREAS, the Licensee has been maintaining the Property, and is agreeable to continuing to maintain the Property; and WHEREAS, the City has agreed to allow the Licensee on the Property for the purposes of maintaining the park land; and NOW THEREFORE, the parties agree as follows: 1. Access. The City grants to the Licensee, with respect to such title and interest as the City may have in the Property, and upon the terms and conditions stated below, on a revocable, non- exclusive basis, the permission and right to access the Property in order to maintain the designated park property that is adjacent to the Licensee's Property. The landscaping maintained on the Property may consist of a combination of ground cover, grass, landscaping rock, shrubs and trees so long as these materials and plants are not located in an area that interferes with the use, maintenance or repair of any natural or man made drainage facility, public water or sewer lines or other public utility or facility. The Licensee shall maintain the landscaping in good order and state of repair and shall immediately remove and/or replace any dead, dying or damaged landscaping. The Licensee shall maintain grass in a manner consistent with the lawn maintenance standards on the Licensee's Property. Such right of access and use is granted only for the term of this License as set forth below, and only for the purposes set forth above. 2. Term. This License may be terminated by the City Council and upon the City giving the Licensee actual written notice of such termination at least ninety (90) days prior to termination or upon transfer of ownership of the Licensee's property that is adjacent to the Property. The Licensee may terminate this agreement by providing written notice to the City 30 days prior to the date of termination of maintenance activities. 263416v 1 (SJS) SH155-155 3. Consideration. In consideration for the City's grant of access to the Property, the Licensee agrees to maintain the Property throughout the term of this License at the Licensee's sole expense. 4. Safety and Maintenance. The Licensee agrees to: a) keep the Property in a sightly condition at all times, at the Licensee's sole expense; b) keep the entire Property free from all rubbish, waste, dirt, debris and obstructions of any sort; c) keep the Property in a condition as required by law, including by the ordinances of the City of Shakopee; and d) maintain the landscaping in a manner so that it does not create a view obstruction to vehicular or pedestrian traffic. Licensee agrees not to store or deposit toxic, dangerous or hazardous pollutants, wastes or contaminants on the Property, but will not be liable for these or similar prohibited substances deposited on the Property by parties not under Licensee's control. 5. Hold Harmless and Indemnity. The Licensee agrees to indemnify, defend and hold harmless the City and its agents or employees from any and all claims, liabilities, or losses incurred by the Licensee caused by the Licensee's maintenance oflandscaping on the Property. 6. City's Reserved Rights. The City reserves the right, at any time and from time to time, to make such use of the Property as it may desire, at its sole discretion and for any purpose. In the exercise by the City of the foregoing rights, the City will use its best efforts not to unreasonably interfere with the landscaping and/or landscaping maintenance activities on the Property. However, the City shall not in any event be liable for inconvenience, annoyance, disturbance, or other damage to the Licensee, or the landscaping on the Property, by reason of the exercise of the foregoing rights or any other rights of the City to enter into or use the Property, and the obligations of the Licensee under this License shall not be affected in any manner. In the event that other routine city maintenance activities might cause damage to the improvements made by the Licensee on the property, the City will provide replacement materials of similar quantities and quality as those damaged, with the Licensse being responsible for the physical replacement of said materials. 7. Public Access- The Licensee acknowledges that the Property is dedicated as a public park, and shall take no action to discourage or prohibit use of the Property by the public. The Licensee further acknowledges the rights of the City to designate by signage or other means the Property's status as a park, and future use of the property by members of the public. 8. Non-exclusive License. This License is issued subject to any prior licenses, easements, leases or other such rights granted by the City for improvements of other parties. The City reserves the right to license others to install improvements in, on, or under, or along the Property provided that same shall not interfere unreasonably with the maintenance of the landscaping on the Property authorized by this License. 9. Assignment. The Licensee shall not assign, sell, delegate, sublet, or otherwise transfer or encumber in any manner whatsoever, all or any portion of the rights, duties or obligations under this License without the written permission of the City. 10. Costs. The Licensee shall assume the costs related to the maintenance of improvements made by the Licensee, and turf care commensurate with the levels of maintenance on 263416vl (SJS) SHl55-155 the adjacent property at 6825 Sussex Lane. Other costs in excess of those that might result from higher standards that are imposed by the City, shall be borne by the City. 11. Not to Record. The Licensee shall not record this License with Scott County and such recordation shall permit the City to terminate this License immediately without written notice. 12. Liens and Encumbrances. _The Licensee shall not file or cause to be filed any encumbrances or liens against the Property. 13. Governing Law. The parties agree that the interpretation and construction of this License Agreement shall be governed by the laws of the state of Minnesota, without regard to such state's conflict of laws provisions. 14. Execution. The parties agree that an executed copy of this License Agreement is as effective as the original. 15. Amendment. This License may be amended only by a written amendment signed by both parties. 16. Relationship of Parties. Nothing in this License shall be interpreted or construed as a partnership or joint venture between the City and the Licensee concerning the maintenance of landscaping on the Property. This License shall not be interpreted to be any type of lease or easement to the Property and does not convey an interest in the Property to the Licensee other than as Licensee. 17. Severance. Should any portion of this License be declared invalid and unenforceable, then such portion shall be deemed to be severed from this License and shall not affect the remainder thereof. 18. Default. If any default is made by the Licensee in any of the agreements contained in this License, it shall be lawful for the City to declare the term ended and to enter the Property, either with or without legal process, and to remove the Licensee or any other person occupying the Property, using such force as may be necessary, without being liable for prosecution, or for damages, and to repossess the Property free and clear of any rights of the Licensee. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. 263416vl (SJS) SH155-155 CITY OF SHAKOPEE LICENSEE By: By: Its: Mayor By: By: Its: City Administrator By: Its: City Clerk EXHIBIT A Legal Description of the Licensee Property--Lot 1, Block 5 Southbridge Cove 2nd Addition. EXHIBIT B Legal Description of the Property--That part of Park 12, SOUTHBRIDGE 1 ST ADDITION, according to the recorded plat thereof, Scott County, Minnesota, lying westerly of the following described line: Beginning at the northeast corner of Lot 1, Block 5, SOUTHBRIDGE COVE 2ND ADDITION, according to the recorded plat thereof, Scott County, Minnesota; thence northeasterly to the southeast corner of Lot 4, Block 1, SOUTHBRIDGE COVE, according to the recorded plat thereof, Scott County, Minnesota, and said line there terminating. 263416v 1 (SJS) SH155-155 I --. I - I - .. I . - I - - n. - I I i / I I I I , 1')<' ~ I - " I I I I I I I I I I I ,-- -'-'-'~ ~ - -- - ~ - - - . I I I ! I I I I I I i \ I I I \ I I I I I I I I I I ~".'l , .. . :- ~ (J) SOUTHBRIDGE 1ST ADDTION 0 c !~ -f ::J: ~": al <li! :0 I~ l:: e .'" ,. Q ;t15 fJ m ~; ~ ~~l ~ . l;~ l- N N i"l ~ ~I ~ 6FSEC.~ '" l>E SOJlHWEsr 1/4 '\ ~~& ~~ N 01'04'50"E \ \'\, 115 1625.64 ~.2"E '.. Z~ PARK 15 1239.35 ~ , \ '\ 'il ' , i \ ~ ;&9 . 2 ~ N ~~ 200 100 0 200 400 't ~ ~ ~ f I ~ I I (J) ;;;,,1 I ... (.0 ~ ~~I SCALE IN FEET .-- ~ / <1)1 ~ /./ ~151 15 )j/ No moronent synix>! shcwm at ~ Stolue-Reqlired-Locolion ~" OUTLOT E indieales a plat rnor<rnenl ~be set ~~ch std iJ:: ~~ I be in place on or before the dol of .1991..- ~15 soid rilon.menls shcI be 1/2 i1ch by 1 inch ir n1O!UT1eI1ls L1J , I} mai<ed by ficense r'4I1'i>er 14890 CO \~ 1/ . Denotes iron rnor<rnenl fou:>:! ~:::: /. / SEE DETAIL B r/ :) 1/ WI Orientation of tt;s Jll9l. is based <l'OI1 the east rno of the Southeast Qucrler -,- r/ ~l ~ ~~=~1~f~4'~-:ich -"- r/ .~ I 0' ~~ / , - r/ " r/ <( r I r/ ~~ I -> 1/ \ OUTLOT E I :;> Drai'lage &: utity Easements cre Shown Trus: r/ ,If \ -~ ~ , -I_1_L -'- // ,/ ''...,.// ~ ,\-\ f-- /" '-/ c;; 0 -- 7 '" t!~ -~ -~ Be ~f t. widtf1,(I1/ess lherw' .!,.; -'- .... ~ ~ I rng ee nOIse I cated, / end adjoinng street fines end rocr lot fines. end 5 :t / ~ feet in width. lriess otherwise indicated. ald adjoning lot r""S, as shown on the plot ':::::. I~ -,- L_ ,/,...... "'\\\ :) 1f BENCH MARK: ~'r ~k3,~;t~ :,d ~~~ """"ern :lgll ~ \ \ t':5ji ~~~ ~~ ~~ .... \ ~~. Elevation ~ 760.55 (NGVD - 1929) D::: PARK ~ N~ ~ - .... r I z ~ g '\ ~ 1-- "- I ~ 0 LIJ ~~ 1-- ~~ <( ~ s: lfl fj~ OUTLOT F ~ ~ i .. '" Z ~ ~~I 1-- ~ N~"E WI' (/) ~iS OUTLOT F ...<<~!~ SJ !<~ ~~ ~ ~ ~;~lt i~ ~,,-\~~ ~ ~1!Z - -----===.-J ".......:J'::::...-- 20' SA>lT~ EAIaENr PEl< ~--- /" = 14746 190 1JB PETERS, PRICE " SAMSON ,) /'" WETLA/f) \ LAND SURVEYORS, LTD. ~/ r( 't SHEET 3 OF 6 SHEETS Scott County, MN i\ \ \ i \ >< ~X14i1il'1 / ~yz '>> y. x ( 15:15./ ~ .x ;:i 1495;;)< 'l<( \ ~ . 1492 rn 'Y' ~ 1517 1449 \ -< \ .{.~~ i - '~~ Ol..' . x 0;$'.....".. .-~ x x r "'(ft. 1'7> <. , ....".. "'ii. )of)of 0 \~ ~l~ )of X )(' . . ; '\..:..t, IJ) 15)7 ." 1512 0,;. "'" 1:l.!4 y-: x. ,c ' ~ L i3':t)3 )4,,!1.:"""'--- - .. - - I x 1S24 . Y' ~.. " I, 1516 ...... . f X :::! t .x::'t Ii) -* \ ffi - 9; &m .::,' 1~9 152il (~if25 ;;a51 ;;an &;))] ~ 1~) IJl ~ G, f q\. ~1S57 +.~ i( ~ ~ - )< .; 1;~ . ,,.,,"" J \ 1543 . '. 1:ill ~ ~ ~ /~ Vi 157r3, 1555, i . 155$ Property Information Parcel 10: 272960510 Last Sale Value: $332,900 Taxpayer Name: MARK G YOST Deeded Acreage: 0 Taxpayer Address1: 6825 SUSSEX LN GIS Acreage: 0.47816 Taxpayer Address2: Zoning Classification: Taxpayer Address3: SHAKOPEE MN, Legal Description: SOUTHBRIDGE COVE 2ND ADDN Lot-DOi Block-005 Map Date Map Scale Property Address1: 6825 SUSSEX LN Plat Name: PLAT-27296 SOUTH BRIDGE 8/19/2009 1 inch = 155 feet Property Address2: SHAKOPEE Block: 5 School District: 720 Lot: 1 Estimated Land Value: $105,000 Septic Type: Estimated Buildings Value: $312,800 Date Installed: ~ N T9tal Estimated Market Value: $417,800 Tank 1 Capac~ty: ." V..-....',...,'. . '.' W+E Home Style: TWO STORY Tank 2 Capacity: /' Jl:Ott Prime Square Footage: 1712 Pump Tank Capacity: J '. . . S Bedrooms: 5 Da~e of Last Pump.: This drawing is neither a legally recorded map nor a survey and is Bathrooms: 4.5 Unique Well & Bonng No.: not intended to be used as one. This drawing is a compilation of Year Built: 2000 Well Depth Drilled: records, information. and data locate~ in various city, county, a.nd . state offices, and other sources affecting the area shown, and IS to Last Sale Date: 11/30/2000 Well Date Dnlled: be used for reference purposes only. Scott County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact the Scott County Surveyors Office.