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Home My WebLink About2016-06-27 CC Packet Enclosure Oak Park Heights Request for Council Action Meeting Date June 2711'.2016 Time Required: 5 Minutes Agenda Item Title: Holiday Station Stores- i'Exclusive Signage Placement Agreement. Agenda Placement New Business Originating Department/Requestor: 'r J, ••I City Administrator Requester's Signature Action Requested Discussion.P. ble Action Background/Justification(Please in;Ica if any previous action has been taken or if other public bodies have advised): The City has been requested to approve a signage license/agreement for the Holiday Stationstores,Inc.to allow a placement of a pylon sign within a City utility easement near the N.E.corner of STH 36 and CSAH 26/Frontage Road.Holiday is the underlying land owner.This particular sign placement resulting from the tight property lines between the State,County and related public and private utility easements as well as to aid in future setbacks from the roadway and right of ways. The enclosed agreement would permit the placement of a sign subject to a number of City imposed conditions and would not put City utilities at risk nor burden the City with costs should this sign be required to be moved. RECCOMENDATION: Approve Non-Exclusive Signage Placement subject to final approval of the City Attorney Page 269 of 290 NON EXCLUSIVE SIGNAGE PLACEMENT AGREEMENT AND LICENSE THIS AGREEMENT("Agreement")is entered into this day of 2016 by and among THE CITY OF OAK PARK HEIGHTS, a municipal corporation ("City") and Holiday Stationstores,Inc.(collectively referred to as"Owner"). RECITALS A. The City controls certain property rights as described in Exhibit A for City drainage and utility easements("Easements')including upon the property legally described on Exhibit B attached hereto("Property")as held by the Owner. B. It has come to the parties' attention that the Owner desires to place signage(example shown in Exhibit C)within the City's Easements: i ,e Owner must secure permission from the City for this placement within • . i t as shown for which is granted pursuant to this Agreement: NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency V which is hereby acknowledged,the parties agree as follows: 1. The Owner agrees that it shall not interfere with the City's operation of its utilities,infrastructure,(current or future)while installing or maintaining this signage. 2. The Owner acknowledges that it is exclusively responsible for the sign, its installation, operation, footings and any and all appurtenances and does assume any and all liabilities arising from the sign or its placement. 3. The City hereby grants Owner a non-exclusive license to periodically enter that part of the Easement referred to above to install, repair, replace and operate its sign and perform reasonable maintenance of the sign and its elements, including the right to install necessary power and communication lines thereto. 4. The City shall have the right to revoke or suspend this License at any time it deems necessary,but for which shall be for good-cause as defined by the City Council. In the event of a need of the City to terminate or suspend this license as directed by the City Council,the Owner it its sole expense shall remove this sign, its related elements, including any underground electrical services, footings and shall restore the site to a clean level condition. Except for cases of emergency as defined by the City.the City shall provide to the Owner not less than ninety-days written notice as to its requirement to remove said sign. 5. The City shall not be responsible for any damages, intentional or unintentional to the sign,loss of business as a result of damages to the sign or any other liability. The Owner does fully indemnify and holds harmless the City, including its employee and all agents, from any and all liability relating to the placement,operation or continuation of this sign. Page 270 of 290 6. This Agreement does not create any property rights or permissions beyond those specifically granted and shall be binding upon and inure to the benefit of the Owner and the City and their successors and assigns. The Owner and any other owner of the Property shall have no obligations under this Agreement for those accruing after the Owner's or such other owner's transfer or conveyance of its interest in the Property. 7. No provision of this Agreement is intended,nor is any provision to be interpreted to provide or create any third party beneficiary rights or any other rights of any kind to any third party. 8. This Agreement does not constitute a SIGN PERMIT or other required permits necessary for the placement of such sign and separate permits must be secured by the Owner.Drawings shown in Exhibit C are for reference only and does not constitute a sign permit or City acknowledgment that such sign is in compliance with City Ordinances or other granted permission. Final sign permit will be reviewed when full design and submissions are provided. IN WITNESS WHEREOF,the undersigned have hereunto set their names effective as of the day and year first above written. The City of Oak Park Heights, a municipal corporation By: Its: Owner: Holiday Stationstores.Inc. By: Its: Page 271 of 290 EXHIBIT A LEGAL DESCRIPTION OF EASEMENT That part of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North,Range 20 West,Washington County,Minnesota,described as follows: Commencing at the Northwest corner of said Northeast Quarter of the Northeast Quarter; thence North 89 degrees 13 minutes 19 seconds East, assumed bearing, along the North line of said Northeast Quarter of the Northeast Quarter a distance of 330.10 feet to the Northeast corner of the North 225.90 feet of the West 330.00 feet of said Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the East line of said North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter a distance of 225.97 feet to the Southeast corner of said North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter and the point of beginning;thence South 89 degrees 13 minutes 19 seconds West along the South line of said North 225.90 feet of the Northeast Quarter of the Northeast Quarter a distance of 125.54 feet;thence North 01 degrees 48 minutes 22 seconds West 225.94 feet to said North line of the Northeast Quarter of the Northeast Quarter; thence South 89 degrees 13 minutes 19 seconds West along said North line 206.13 feet to said Northwest corner of the Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the West line of said Northeast Quarter of the Northeast Quarter a distance of 294.92 feet; thence North 8$ degrees 11 minutes 3$ seconds East 329.65 feet; thence North 01 degrees 52 minutes 49 seconds West 63.02 feet to the point of beginning. AND All that part of the North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North, Range 20 West, Washington County,Minnesota,described as follows: Beginning at the Northeast corner of said North 225.90 feet of the West 330.00 feet; thence South 02 degrees 12 minutes 15 seconds East,assumed bearing,along the Easterly line of said West 330.00 feet,a distance of 225.97 feet to the Southerly line of said North 225.90 feet; thence South$9 degrees 13 minutes 19 seconds West along said Southerly line 125.54 feet;thence North 01 degrees 48 minutes 22 seconds West 225.94 feet,more or less, to the Northerly line of said Northeast Quarter of the Northeast Quarter; thence North 89 degrees 13 minutes 19 seconds East along said Northerly line 123.97 feet,more or less,to the point of beginning. Said easement lies 20.63 feet northerly as measured at a right angle from the following described line: Page 272 of 290 Commencing at the northeast corner of the North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter of Section 4,T. 29. N.,R.20 W.,Washington County,Minnesota;thence North 89 degrees 57 minutes 46 seconds West 60.02 feet,on an assumed bearing,along the north line of said Northeast Quarter of the Northeast Quarter;thence South 01 degrees 23 minutes 12 seconds East 25.88 feet to the point of beginning for said line; thence South 89 degrees 56 minutes 40 seconds West 18033 feet and there said line terminating. The side lines of said easement are intended to be prolonged or shortened to terminate at the easterly and northwesterly line of Lot 1,Block 1,proposed plat of Holiday Oak Park Heights Addition. Page 273 of 290 EXHIBIT B LEGAL DESCRIPTION OF OWNER'S LAND That part of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North,Range 20 West,Washington County,Miinnesota,described as follows: Commencing at the Northwest corner of said Northeast Quarter of the Northeast Quarter; thence North 89 degrees 13 minutes 19 seconds East, assumed bearing, along the North line of said Northeast Quarter of the Northeast Quarter a distance of 330.10 feet to the Northeast coiner of the North 225.90 feet of the West 330,00 feet of said Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the East line of said North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter a distance of 225.97 feet to the Southeast corner of said North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter and the point of beginning;thence South 89 degrees 13 minutes 19 seconds West along the South line of said North 225.90 feet of the Northeast Quarter of the Northeast Quarter a distance of 125.54 feet;thence North 01 degrees 48 minutes 22 seconds West 225.94 feet to said North line of the Northeast Quarter of the Northeast Quarter; thence South 89 degrees 13 minutes 19 seconds West along said North line 206.13 feet to said Northwest corner of the Northeast Quarter of the Northeast Quarter; thence South 02 degrees 12 minutes 15 seconds East along the West line of said Northeast Quarter of the Northeast Quarter a distance of 294.92 feet; thence North 88 degrees 11 minutes 38 seconds East 329.65 feet; thence North 01 degrees 52 minutes 49 seconds West 63.02 feet to the point of beginning. AND All that part of the North 225.90 feet of the West 330.00 feet of the Northeast Quarter of the Northeast Quarter of Section 4, Township 29 North, Range 20 West, Washington County,Minnesota,described as follows: Beginning at the Northeast corner of said North 225.90 feet of the West 330.00 feet; thence South 02 degrees 12 minutes 15 seconds East,assumed bearing,along the Easterly line of said West 330.00 feet,a distance of 225.97 feet to the Southerly line of said North 225,90 feet; thence South 89 degrees 13 minutes 19 seconds West along said Southerly line 125.54 feet;thence North 01 degrees 48 minutes 22 seconds West 225.94 feet,more or less, to the Northerly line of said Northeast Quarter of the Northeast Quarter; thence North.89 degrees 13 minutes 19 seconds East along said Northerly line 123.97 feet,more or less,to the point of beginning. Page 274 of 290 EXHIBIT C DESIGN AND LOCATION Page 275 of 290 --' . . ___ ______ _ __ --- _____ __-_-___- _- __ , I (! --- --- ----' ---- -- — --- ---------'- - - �� , | � | | / / | { ^ | / | ( _ - = = -� � zo __ I = - - ! SCALE IN FEET ` . L. �^�� _. �� mi 100 �� 1111111 / '----H--^-- � rnxo' ----- / � � _ ' / ' -_ -__-' 1 01 '' ' ��npro�co nrw- ' Jr-cm/13111:1ff-- !) \ PROPOSED lin ie I CENPLA SANITARY SEWER . • MI NM . PROPOSED WATERMAIN fli ,„,if FDUNDAT ION or 4 • - ~� ' `t, —' / r^�r ' � - | r " --- =--°^ '~--] . .~� �\� i>i' ^ F U /|| |- | HOLIDAY U | STATION STORE 1 r � // �� .72i" 7 PERMANENT EAS��T(7---- r— � �- -~�' -/ A ^� I/ � :..- k-- � : �i ~ '- �� ~ �/ L - \ .' �- i| ~N ' ~~ '" -' Dew,File. Checked By. ! mw *m SW | Dm;Nome: Drown By EXHIBIT Erigineering,Inc. 233 C Mart "n—mnexh . AR SIGNAGE SITE DETAILSMinneapolis.MN 55415 �* s�" M2758.3080 MAN OAK PARK HEIGHTS, MN 612.758.3039 FAX 05/10/16 1" 21:1' ��" _ _ Page 276 of 290 q l_0" Q.H TOP PIN - RED -- YrV� BACKGROUND - WHITE UPPER 11Hu - REDJ 4 ` LOWER "H" - BLUES` BOTTOM FIN - BLUE -~ riftMINI• 4 SIGN BORDER: WHITE SIGN FIELD - RED W 6 i a`—'Q7 �j �i ti BLACK OUTLINE OF UNLEADED LOGO AND LETTERS O WHITE LETTERS /BLUE BKGRD i RED LED PRICE SIGN FULL COLOR 0 WHITE LETTERS /ORANGE BKGD EL-MTRQNIC 11 MESSAGE �t CENTER THIS DRAWING IS FOR CONCEPT PURPOSES ONLY FOR THE SIGN LICENSE AREA AGREEMENT SEPARATE CITY PERMIT AND CITY APPROVAL IS REQUIRED r----, • L PROPOSED PYLON SIGN SIGNAGE AREA BREAKDOWN HOLIDAY STATIONSTORE ID: 41.55 50 FT PRICE SIGN 28.10 50 FT ELECTRONIC MESSAGE CNTR 3055 SQ FT TOTAL (PER SIGN FACE) 100.00 5Q PT Page 277 of 290 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 278 of 290