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Home My WebLink About2017-02-15 CC Packet Enclosure - Flagpole Olt t Oak Park Heights Request for Council Action Meeting Date February 15a`,2017 Time Required: 5 Minutes Agenda Item Title: Holiday Station Stores—Flagpole Located in City Utility Easement. Agenda Placement New Busines Originating DepartmentlRequ : r Eric Johns• City Administrator Requester's Signature Action Requested Approve r . t Amendment to Non-Exclusive Signage Placement Agreemi t and License—Holiday Station Stores. Background/Justification ' ease indicate if any previous action has been taken or if other public bodies have advised): Holiday Station Stores Inc.recently completed a new building at the SE corner of Osgood Ave. and STH 36., such construction did include a flag-pole installation near their primary monument sign;however—While on their property,Holiday site staff did not realize such construction was within a City Utility easement and which requires City approval. At this stage the City essentially has two options, 1)require the removal of the flagpole;Or 2) require an amendment to the current non-exclusive sign placement agreement that currently exists between the City and Holiday that allows the sign to be placed within the City's utility easement. This previous Agreement,requires that Holiday remove such sign(or repair at its own costs)when the City must perform utility work or otherwise access its easement.The flagpole would be subject to the same provisions. As the flagpole now constructed does not appear to be causing any known issues, staff would recommend that the Council grant approval to an amendment to the non-exclusive sign placement agreement to also include the flagpole—copy attached. Page 83 of 100 x 1 1 FL A-G foL,e (1\-fprovv/v10) I00 sIVA • ¢ TRAIL • 101 • f�ROPbSEO R/W CIfiY UT&tfi'f�•• - EASENENT I PROPOSED R/M m fINPLACE SANITARY SEER ---- 12'• > _1 PROPOSED NATEENAAIN \1 SIDN in 1 X 1 —FOUNDATION �V �; P, _ \-CITY UTILITY EASEMENT • ! 1. 1 PROPOSED HOLIDAY '-- STATION STORE .:1?"7---PERAIANENT • i. EASEMENT Et' [ .. ` i� - ---- �` f• � J I1 , .1 __ • I 1 I • 11 ` LJ i 1 Dedp;rr p,ried'By. I fila pot 1 Sw EXHIBIT C Agent��n9.Inc. psi u�,xe: Io.a,r,L.y------ 7®.1 Park Ave 8,Ste 500 215-01rx„: 1 A SIGNAGE SITE DETAILS ! " 15 " 312.7511201110 rage i :tick 's:.,r. i OAK PARK HEIGHTS, MN 812758.9098 FAX ` Page 84 of 100 FIRST AMENDMENT TO NON EXCLUSIVE SIGNAGE PLACEMENT AGREEMENT AND LICENSE THIS FIRST AMENDMENT ("Amendment") is entered into this day of , 2017 by and among THE CITY OF OAK PARK HEIGHTS, a municipal corporation ("City") and HOLIDAY STATIONSTORES, INC., a Minnesota corporation ("Owner"). RECITALS A. Owner owns certain real property legally described as Lot 1,Block 1, Holiday Oak Park Heights Addition, Washington County, Minnesota (the "Property"). B. City holds a drainage and utility easement over a portion of the Property, as more particularly provided in that certain Drainage and Utility Easement dated August 19,2016,recorded with the Washington County Recorder's Office as Document No. 4079761 (the"Easement")—Affixed hereto as Exhibit A. C. City and Owner entered into a Non-Exclusive Signage Placement Agreement and License dated July 5, 2016 (the "Agreement"), whereby City granted Owner certain rights to place a sign within the City's Easement—Affixed hereto as Exhibit B. D. Owner has erected a flagpole within the Easement(the"Flagpole"), and City and Owner desire to amend the Agreement to permit the placement of the Flagpole in the City's Easement,as more particularly provided herein. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. Flagpole. The Agreement is hereby amended to provide that wherever in the Agreement the sign is referenced or referred to,the same shall be amended to include both the sign and the Flagpole. Accordingly, and without limitation of the foregoing, but for avoidance of doubt, (i)the License granted by City shall extend to the placement, installation, repair, replacement and operation of the Flagpole upon the same terms and conditions as the Agreement as if it was originally identified therein, (ii) Owner shall maintain and remain liable for the Flagpole on the same terms as it is responsible to maintain and remain liable for the sign under the Agreement, and (iii) City shall have the right to revoke or suspend the License as to the Flagpole on the same basis as set forth in Section 4 of the Agreement. Page 85 of 100 2. Reaffirmation of Agreement. Except as specifically amended herein, the terms and conditions of the Agreement shall remain unchanged and in full force and effect. 3. Miscellaneous. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. This Amendment may not be altered,amended or otherwise modified except as set forth in a written document executed by the parties hereto. This Amendment may be executed in two or more counterparts, all of which shall be read together and construed as one instrument. 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: % � Name: M.Anderson Its: Assistant Secretary Page 86 of 100 Exhibit A Drainage and Utility Easement—Doc.#4079761 [attached hereto] Page 87 of 100 Mil,;NESnTA DEPARTMENT OF TRANSPORTATION Rini T OF WAY PLAT NO. R2_120 ... -1- A —1— r— 1 I i ". 1 1 1 ✓1 / A ,% , 's '' I /....1 I I-- I——I I I —. I——I 115? 1 1 Y t Irl —NE COR. OF THE NORTH ...• 1 ! 1 1 L._ I I I i I I 1 1 l 1 I ..1 N i^ 225.90 FEET OF THE ,..-NW COR. OF THE NE 1/4 NORTH UNE OF THE NW COR. OF TIE NORTH 225.9 I WEST 330.00 FEET 1 - NE 1/4 OF SECTION 4i"-FEET OF WE WEST 330.00 FEET r Ij^ NE 1/4- NE 1/4 r I _ ,�� 116.10 r'_-, i 1189°57'46"N / 330.10 _; _ 60.02----1", — — L M23.97 I,}I-- 205.131 -�, � g C ORAi litter a ,:-S01'23112"E ' AA, 1$ i 25.8$ Ir/ 13 +ry 0 r i S80'68"4O W 180.33 " —P.0.6. .r/�i "-PROPOSED LOT 1, { 41 4 `--28.96 / moo( 1 ` Z '-PROPOSED I.OT I, Boat 1 r' _�__,_-_,..f..- . ':. w -------330--,•_4 I �,. Ci .' C ki Z CI /— rgl 8 1 , ,L 4N6 W Z t� Q / / N J 1 N /" J 1 1rj c; r' 5 8 h Sb N cc r N l5Z N 1 W 2 1 N O ^\ t t ��.. 1f IP \�\ Y� I >O I a I o SE COR. OF THE ,,.a 1 I I / NORTH 225.90 FEET or r\ I -... �„- i Sag°57'46"E 125.54 _.1f� OF THE FEESTOF THEj 1, t ► 1I ,a NE 1/4- NE 1/4 31 *.`,.1.:.,. r 1 SOF THE NWtTM-" i - n _ 1 , { \� •, i r t {� i�i�,t{1{HJJJI i _..,-��1,..o.: 1311 J4� Yr...... I 1. .e��t I, '--- N59'00'331 329.66 + • .,..+..,.�_�• ••��' I.t..:, Y1 47.\ 1 • Il I r�l ♦ e1 1# vt'...' i 1 1 LEGAL DESCRIPTION OF EASEMENT Arr easement for drainage and utility Purposes over,under and across that pelt of the following described land which lies 20.83 feet northerly as measured at a right angle from the following described line: 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.;thence North 89 degrees 57 minutes 46 seconds West 60.02 feet,on an assumed bearing. along the north lima of said Northeast Quarter of the Northeast Quarter. thence South 01 degrees 23 minutes 12 seconds East 26.88 feet to the point of begiming for said Ikie;thence South 89 degrees 66 minutes 40 seconds West 180.33 feet and there said line terminating. The side Ines of said easement are intended to be prolonged or shortened to terminate at the easterly and northwesterly line of Lot 1,Block 1,In the proposed plat of HOLIDAY OAK PARK HEIGHTS ADDITION. DesignChecked pial al l EXHIBIT A Ahern Elldneminp.In*. 141 2IM Palk/Ioi$918 900 Cap u7 °`011 aity CO DRAINAGE AND UTILITY EASEMENT ill) et M is imm DM% sodot OAK PARK HEIGHTS, MN 812.7882099Mx7882099 x 05A$lw Nan' owe.*WM*YlC.cam Page 88 of 100 I