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Home My WebLink AboutRoadway Transfer, 2010 c2,AGREEMENT BETWEEN THE CITY OF STILLWATER,THE CITY OF OAK PARK HEIGHTS AND THE COUNTY OF WASHINGTON ON THE JURISDICTIONAL TRANSFER OF CERTAIN ROADS WITHIN THE CITY OF STILLWATER AND THE CITY OF OAK PARK HEIGHTS THIS AGREEMENT is entered into by and among the City of Stillwater("Stillwater"), the City of Oak Park Heights ("OPH") and the County of Washington("County"), and dated as follows: 1. PURPOSE The purpose of the Agreement is to transfer the jurisdiction of a portion of Oxboro Avenue North and 62"d Street North as defined below in Section 2 to Washington County under the terms and conditions herein stated. 2. DEFINITIONS A. OPH Roads as depicted on Exhibit A being a portion of Oxboro Ave North and 62"d Street North shall be defined as all that part of the south one-half of 62' Street North lying east of Osgood Avenue North and west of an extension of the east right-of-way line of Oxboro Avenue North; and all that part of Oxboro Avenue North lying north of Minnesota Trunk Highway 36 and south of 62' Street North; and, all that part of 62"d Street North lying north of the centerline thereof, and east of the centerline of Panama Avenue North and west of an extension of the east right-of-way line of Panama Avenue North; B. Stillwater Roads as depicted on Exhibit A shall be defined as all that part of the north one-half of 62 Street North lying east of Osgood Avenue North and west of an extension of the east right-of-way line of Oxboro Avenue North; and,all that part of 62" Street North lying east of an extension of the east right-of-way line of Oxboro Avenue North and west of an extension of the east right-of-way line of Panama Avenue North; except that part of said 62"d Street North within the City of Oak Park Heights lying north of the centerline thereof, and east of the centerline of Panama Avenue North and west of an extension of the east right-of-way line of Panama Avenue North. I JURISDICTIONAL TRANSFER The parties agree to the following conditions regarding the transfer of jurisdiction of the OPH Roads and Stillwater Roads to Washington County: Jurisdictional Transf.Agreement:OPH,Stillwater&Wash.CO. Page 1 of 6 1. The County shall proceed pursuant to MINN. STAT. § 163.11, subd 3 to accept said jurisdiction over the defined OPH Roads and Stillwater Roads and the Cities of OPH and Stillwater shall convey their interests therein to the County. The cities shall retain any existing subsurface easements now in place for water, sanitary or storm sewer. 2. As consideration to the County for this Agreement, OPH and Stillwater shall transfer to the County all public road rights of way and road easements it currently holds for the affected roadways as depicted on Exhibit A attached hereto. OPH and Stillwater hereby warrants to the County that it does have control and ownership rights to all affected rights-of-way and that the Roads as constructed thereon are located within said right-of-way. 3. After transfer of jurisdiction is accomplished, the County shall own and be solely responsible for the maintenance of all storm water systems located within the Road right of way as depicted on Exhibit B. The County may not alter, limit or impede public storm water flows or areas served by the storm water pipes as are now being conveyed through these storm water systems nor shall it alter or limit the downstream outfalls, Any future storm sewer upgrades and restoration projects and are to be paid for by contributing flows. 4. After transfer of jurisdiction is accomplished, OPH and Stillwater shall continue to own and be solely responsible for the maintenance of all water main systems and sanitary sewer systems as depicted on Exhibit B. 5. The County shall grant OPH a utility easement of at least 40 feet in width, being 20 feet or more on either side of the centerline of the located water and sewer utilities for the repair,replacement or restoration of those utilities within the Roads as depicted and described in Exhibit C. This easement will be recorded upon completion of the jurisdictional transfer. Should there be discrepancies in the legal descriptions of the easements Washington County shall correct any such discrepancies in a reasonable timeline. 6. The County, OPH, and Stillwater agree to provide notice on non-emergency road or utility work to allow coordination of improvements. The County Engineer or respective City Engineer will be recipient of any notices. 7. The County will not improve Oak Park Height roads as defined in Section 2.A. and depicted on Exhibit A until after the County conducts neighborhood public meetings with adjacent property owners. The meetings shall display road layouts and proposed improvements to the roads. The meeting shall be held at least 120 days in advance of any construction. The County shall include a written notice of such meetings to OPH. 8. By December 31, 2010, OPH and Stillwater shall transfer to the County all existing construction and maintenance records of the Roads depicted on attached Exhibit A. Jurisdictional Transf.Agreement:OPH,Stillwater&Wash.CO. Page 2 of 6 9. Upon execution of this agreement and recording of easement areas, OPH shall release of the County Letter of Credit#SLCMMSPO4743. 10. The parties agree that paragraphs 2, 5, 8,and 9 of this Agreement are conditions precedent to the formation of the contract. IN WITNESS WHEROF,the parties have executed this agreement as of the date first hereinabove written and is agreed to be e - ve as of March 1,2010. CITiu I� �".4,4.44 �H, , CITY OF S �- -EATER BY 'l C•vd:.! BY Ate D • : •;</Mayor Kene i„ Mayor By , ria J. son, City Administrator Larry D. nsen, City Administrator Dat: •. /f /2- / Dated: f"' ) f- /6 Approved as to For c, Approved as to Form By:` City Attorney Oa Park 117641Rs. City Attorney Stillwater CO ■ f.' %•� G 4 BY Aj ,.�. .. L Bill P e rabek, Chair, Co/nt Board BY .4.4.... it .d!`._,_. Ja R. Schug, Administra Dated p2A 9/p APPROVED AS TO FORM By County Attorney Jurisdictional Transf.Agreement:OPH,Stillwater&Wash.CO. Page 3 of 6 iI . Exhibit A- To Jurisdictional .N Transf. Agreement: OPH, A Stillwater& Wash. CO. a v 40 C1111711Z1C111.71011=1=W111—CILICNICIIIP N 3 N a l l t/ S/ddd a0 C C 7 7 1 - - - UU 1 1 ° C 1 I a both 1 v C C , m1m .p. 1 a - 1- X33 .� .- 1- o= - :�� - �' N p ciai co 3 rn p u_) AY 1i��i � o 1 1 `\. 1 1 CO J5\, m O = O I ".e, Z Vl v ro a d N ro m O Q 0 0 n V U 0 U • O °. °U ii C 0 0 f d 1 E fi ac N 3l�N3/Id, ON09X0: y O N O oa 1s O O 1 L O 8 �3 1, o= 9 o , Up 1 m U 1 O inikh Ir';1 IA 1? li" / \ 1 "Al 3nN3AV OOOJSO 1 1 1 iii 1 0 1 11 I L 1 1 1 1 1 1 Jurisdictional Transf.Agreement:OPH,Stillwater&Wash.CO. Page 4 of 6 f . Exhibit B - To Jurisdictional Transf. Agreement: OPH, Z Stillwater& Wash. CO. CZ r m z ¢Q E wi o I— O CD ct N E '- a� Q 0 aaU W (1,51 , E a)CM -1 D v) u) I cu I 1 0 CD I 0) M I I a ° v Oro E Z [0 W N L 3 o ' r J L l 141-1 oN enuen y , oaogxp , _a 1 Z L. 0 Z Cti 'O nn``s ^^C`!` ^^W` W ffW C v, Q LN W CO /13 upoN enuenv poo5so ■ W Jurisdictional Transf.Agreement:OPH,Stillwater&Wash.CO. Page 5 of 6 , Exhibit C - To Jurisdictional Transf. Agreement: OPH, Stillwater& Wash. CO. Exhibit C UTILITY EASEMENT FOR CITY OF OAK PARK HEIGHTS A perpetual utility easement over, under and across the county rights-of-way of Oxboro Avenue North and 62"d Street North, for sanitary sewer and watermain,described as follows: A strip of land approximately 40 feet wide; Lying westerly of a line that is 15 feet easterly of the in-place watermain, said line is described as commencing at the southeast corner of Section 33, T3ON, R2OW, Washington County, Minnesota; thence N89°57'46"W, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the south line of the southeast quarter of said Section 33, a distance of 626.66 feet; thence N01°07'1.0"W 300.44 feet to the northerly right-of-way line of Minnesota Trunk Highway No. 36 and the point of beginning of the line to be described; thence N01°07'10"W 8.07 feet; thence N00°42'19"W 48.34 feet; thence N00°56'49"E 161.45 feet; thence N00°24'51"W 772.81 feet; thence N00°00'00"E 20.56 feet to a point hereinafter referred to as "Point A", thence continuing N00°00'00"E 39.97 feet to the northerly line of 62" Street North and said line there terminating. And lying easterly of a line that is 15 feet westerly of the in-place sanitary sewer, said line is described as commencing at said southeast corner of Section 33;thence N89°57'46"W, bearings are based on the Washington County Coordinate System NAD83, 1986 adjustment, along the south line of the southeast quarter of said Section 33, a distance of 669.38 feet; thence N00°24'06"W 300.43 feet to the northerly right-of-way line of Minnesota Trunk Highway No. 36 and the point of beginning of the line to be described; thence N00°24'06"W 223.63 feet; thence N00°12'49"W 394.02 feet; thence N00°09'42"W 128.21 feet; thence N00°15'18"W 305.42 feet to the northerly line of 62nd Street North and said line there terminating. Also, a strip of land 30 feet wide, being 15 feet on either side of the in-place watermain, the centerline of which is described as follows: Beginning at the hereinbefore described "Point A"; thence S89°51'1 0"E 327.45 feet; thence N89°41'42"E 279.29 feet to the intersection with the southerly extension of the westerly line of Panama Avenue North and said centerline there terminating. The sidelines of said easement are prolonged or shortened to terminate at the southerly extension of the westerly line of Panama Avenue North and the above described easterly line. Also, a portion of the right-of-way of 62" Street North described as follows: Beginning at the intersection of the northerly line of said 62" Street North and the westerly line of Panama Avenue North; thence southerly along an extension of said westerly line to its intersection with the southerly line of said 62"d Street North; thence easterly along said southerly line to its intersection with the southerly extension of the easterly line of said Panama Avenue North; thence northerly along said extension to said northerly line of 62"d Street North; thence westerly along said northerly line to the point of beginning. Jurisdictional Transf.Agreement:OPH,Stillwater&Wash.CO. Page 6 of 6 I Ilk' Itt r•' i City of Oak Park Heights 14168 Oak Park Blvd. N•Box 2007•Oak Park Heights,MN 55082•Phone(651)439-4439•Fax(651)439-0574 10/30/09 TIC PROPERTIES 2607 WHITE BEAR AVE. MAPLEWOOD, MN 55109 1ST PRESBYTERIAN CHURCH C/O PASTOR PAUL GILMORE 6201 OSGOOD AVE N STILLWATER, MN 55083 OAK PARK ASSOCIATES ATTN: ROBERT PIEFER 1717 PARK SHORE DR #3100 ARDEN HILLS, MN 55112 RE: City of Oak Park height and Washington County-Roadway Transfer Agreement-62nd Street (Osgood Ave. to Panama Ave.) and Oxboro Ave. to the County. Dear Property Owners: At this time the City of Oak Park heights has been discussing a roadway transfer agreement with Washington County to transfer ownership of 62nd Street (Osgood Ave. to Panama Ave.) and Oxboro Ave. to the County-see attached map. This transfer was originally precipitated by the County's request to exceed roadway load limits that may damage noted streets during their construction of the Washington County Campus Expansion.The City agreed to this request in exchange for the County taking over specific maintenance and reconstruction responsibilities. If you . e . *comments or questions on this matter please contact my office at 651-439-4439 or r- po • v'• US mail to the address above. Re-. ds, -c /son wry Cit dministrato- r c: Weekly Notes r t !.•` � , t. e, I t 17('iT c [. 4i ft +� �•iee "'s wPa, -, . _I : ®P""" + E.1 7 1 17-$-1 FL _ ' .Fr* `��- - ._.�.. ---- II r e Nor,Nts 11 ,' , 4',+ 4 ,_, - i■ c -». 1"Tip. - 1 1 I i� ■ L(� #' K MD G NLL' 1• L :..a -u - S I J. F 1 15P i. ill J � 1 : _ f �` 3I 1 1 j. �1 Y cn �"� r. F .,A I. �°� f , li 1 , , .i 1.1 d a_ - - -_sue -_-•.�.. .. � _ x 7 Y'- 3. { � y p aj Iri i1 .: .d `t yj i =ir- .. Y _( y f t E .. ice'' - ,..•,_i.„.. :h: i,....,• s` { �.. rte. �_ r. { f9°�S �j i «" (/! 1. f _ fi :Y ,aystl -. fi 1 .. y;�y> r ._`m°_' � a —iii 1' 1 :11111; o �W - �k l „ iq y ' E f+ >, a L aA X x .v " x I 1 14113111 a r ,� 4.,.f ,.',1 ,1 .- 4111r bill �1 Rig `i y & I 'e