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HomeMy WebLinkAboutResolution 71-03RESOLUTION WHEREAS, the City Council of the City of Columbia Heights has had extended discussion and hearings with Burl ington- Northern, Inc., and WHEREAS, an agreement attached hereto has been proposed, NOW, THEREFORE, it is resolved that the Mayor and City Manager be authorized to execute the agreement for and on behalf of the City of Columbia Heights, Passed this 8th day of February, 1971. Offered by: Logacz Seconded by: Heintz Roll Call: All Ayes Secretary to the Council ~ruce G.' Nawrocki , Hayor February AOP~EE~LE~ made this 8th- day of ~,~,~, 1971 between Burlington Ilorthern !nCo, a De!awar--------~ corporation, hereinafter called "Northern" and City of Columbia Heights,~l. ilnnesota, a municipal corporation and body politic of the Sthte of Minnesota, hereinafter called "City", Northern intends to reconstruct, improve, and enlarge its railroad classification yard, hereinafter called ''Northtown Yard", a portion of which will be located within the corporate limits of' City. Northern, in accordance with the Zoning Ordinance of City, has rega!ar!y mad~= application to City for rezoning of certain real propert~y situated within City, more particularly described elsewhere herein. In addition to the rezoning, llortharn or its contractors or agents will require permits from the City to conduct blasting, excavation and construction operations, and authority to vacate certain streets and alleys, all in connection with the reconstruction, improve~.ent and enlargement of its said yard. Northern's petition for rezoning has been duly and regularly considered by City's Planning C~mission at public hearings and reconvaended favorably to the City Council. Northern's petition has been duly and reg,!arty considered by its Council at public hearings. The City, being fully informed, agrees to the reconstruction enlargement and improvement of Northern's Northto.~n Yard, upon the following terms and conditions, all of which are agreeable to Northern: In addition to granting Ilorthern's petition for rezoning from M-!, Light Industrial to M-2, Heavy Industrial, the property in Colnt~bia Heights lying between the center line of California Street and the alley west of California Street, legally described as the east half of Blocks 7,4, 79 and 96~ Columbia Heig~hts Annex to Minneapolis, Anoka County, Minnesota, City agrees to grant the necessary permits and authority for vacation of streets for construction of Northern's Northto~ Yard as follows: 1. City will gran~ to Northern, its contractors or agents, upon proper application and in accordance ~ith its ordinances, any amd all blasting permits, excavation permits, construction permits and building permits and any other permits as may be required by City's ordinances for reconstruction, improvement and enlargement of said Northtown Yard and its appurtananceSo 2. City upon proper application, and in accordance with its ordinances,'wilt grant Northern's petition to vacate streets and alleys described as follows: 37Ch Avenue NoE. from the center line of California Street thence westerly to the corporate boundary of the ~irY of Columbia Heights. 38~h Avenue N.E. from the westerly line of California Street thence westerly to the corporate boundary of the City of Columbia Heights. 39th Avenue N.E. from the westerly line of California Street thence westerly to the corporate boundary of the City of Columbia Heights. California Street from 37th Avenue N.E. north to 38th Avenue NoE. Grand Street from 37th Avenue N.E. northerly to the corporate boundary of the City of Columbia Heights. Randolph Street from 37th Avenue N.E. northerly to the corporate boundary of the City of Columbia Heights. The alleys in Blocks 74, 75, 76, 77, 78, 79, 96, 97, and 99, all in Columbia Heights Annex to Minneapolis, A~noka County, bIinnesota, according to the recorded plat thereof. 3. City will assist Northern in acquiring authority from the proper goverr=mental agencies to deposit additional storm waters from Columbia Heights and Northern's yard in the 96" storm drain presently crossing Northern's property at 45th Avenue }TOE. All expenses involving ~;orthern's use of this storm drain shall be borne 4. Northern agrees that i~ will not change the existing use or contour of the rezoned property described in this ~ticle I, ~cept for the expansion of its Northto~ Yard unless granted prior permission fr~ Ci~. II Prior to Northern's cormnencing construction of the proposed expanded Northto~.zn Automatic Classification Yard, Northern and City agree to perform the following: 1. City will convey to Northern the title to Lot 22, Block 74, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 2. Northern will convey to City the title to Lots 16 through 28, inclusive, Block 95; Lots 16 and 17 and Lots 19 through 30, inclusive, Block 100; Lots 16 through 30 inclusive, Block 73; all in Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. 3. In addition to the real property described in Section 2 of this Article II, City desires to obtain at Northern's expense, the title to and possession of two additional parcels described as follows: Lots 29 and 30, Block 95, Columbia Heights Annex ~o Minneapolis and The westerly part (approximately 80 feet) of Lot 18, Block 100, Columbia Heights Annex to Minneapolis, with the result that after such acquisition City shall own and possess a continuous parcel of land except for intervening avenues and ~xcept for the Easterly part (approximately 48 feet) of Lot 18, Block 100, Columbia Heights Annex to b[inneapolis. Northern and City agree that title to the two parcels next above described, shall be acquired as follows: (a) Northern at its expense shall usa reasonable efforts to acquire the fee title to each of said parcels, including any permanent buildings now located thereon, from the record o%.~ers thereof by purchase at fair market value° If Northern is successful in acquiring the fee title to either or both of said parcels by purchase, at fair market value, Northern shall convey fee title ~hereto to City° (b) In the event Northern is not able to acquire by purchase through reasonable efforts the faa title to either of said parcels at fair market value, or in the event that the reaord owners of either of said parca!s refuses to sell the s~a to Northern for the benefit of City, then in either of said events City shall immediately, at Northern's request, acquire the same through the exercise of City's power of eminent domain, provided however, it is agreed that Northern shall pay all awards and make all settlements thereunder for said parcels on behalf of City. ~.~en City exercises ~s ~0war of eminent domain, ~h~ same shall be accomplished in accordance with the provisions hereafter sau forth: -2- Acting through its proper officials, City shall appoint an attorney or attorneys designated by btorthern to serve and act for and on behalf of the City as Special Assistant City Attorneys. Such appointment shall be for the sole purpose of the conducting in the nmb. e, and on behalf of City, an eminent domain proceeding and all related negotiations and proceedings for the acquisition of said parcels by and for City. The Special Assistant City Attorneys shall consult and cooperate with the City of Columbia Heights' City Attorney, and shall conduct to conclusion in the name of and on behalf of City all negotiations and eminent domain proceedings for the acquisition of said parcels, including any and all necessary court action and appeals. The City Attorney may, at his discretion, appear jointly with said Special Assistant City Attorneys in any proceeding for the purpose of establishing the City's power of eminent domain. in the event that such eminent domain proceedings are contested by either or both of the record o~aers of said parcels and the final result thereof is a jud~nent in favor of the record owners denying the City's proposed taking~ then in that event the obligations of Northern shall be fully discharged and City shall have no further claim or right to claim or require that Northern furnish such parcel or parcels to City. 4. Ail conveyances of title by City to Northern or by Northern to City hereunder, shall be made by quit claim deed, without abstract of title; provided, however, in the event either City or Northern, as the case may be, acccaired title to any parcel' to be conveyed by it hereunder, by warranty deed or by special warranty deed, the City or Northern as Grantor shall convey title to such parcel to the respective party as Grantee by warranty deed or special warranty deed, as the case may be, and provided further, in the event either City or Northern possesses an abstract of title ~o any parcel to he conveyed by it, the s~ne shall be transferred fr~n Grantor to Grantee as a part of the conveyance of such parcel. Insofar as is reasonably possible customary real estate transfer and title conveyance procedures between l{orthern and City shall prevail. In the e~xcavation~ blasting and'construction required for expansion of Northtown Yard, Northerr~ or its contractors or agents will abide by the following conditions: 1o Where possible a small earth berm will be constructed meaz ~he top of the cut slope along with installation of a six foot chain li~k fence on the be~___~i~r to commencement of rock removal and blasting, Lights will be placed at approximately 300' intervals ~e fence~ 2, The blasting~noise will be kept to a minimum so as mot to have an~adverse effects_on the neighborhood. Northern or its contractor or agents will inspect the structures of the homes along Main Street between 37th Avenue N.Eo and 42nd Avenue N.E. prior to ~he construction, so that any damage during construction can be Justifiably established. In addition Northern will require its contractor to monitor, through use of testing equipment, the blasting operations to insure that the size of the shots is properly controlled. ~lasting will be restricted to normal working hours. 3. D~st due to the construction will be controlled by watering dow~ the area if ~ec_9~g.~mT~ 4. ~ightin~gg in the yards and the loud speakers for work activities will be placed in such a manner that they are away__from the residential areas to the east. There will be an adequate number of speakers, and they will be p-~aced properly for minim~ volume and max~ coverage. 5. The .top port_~pn of the. cut slope and the berm will be planted with a legume or other deep rooted types of veget~n to hold down weeds and blowing dirt° Shrubs or trees will ba plante~ along the berm for aesthetic purposes. -3- 6. The latest type of retarder equipment will be used and updated periodically so that it will continue to function properly. ~ 7. ~for removal of rock and dirt will be t_~o~r~ R~.st P,~ver ttoa~d and a~.~ay from the residential area if possible. 8o Northern, its contractors and agents, shall indemnify and hold the City harmless from and against any and all claims which result from the construction as outlined above, including the blasting involved in said construction, or any other activity involved in Northern's or its contractor's and agent's activities in said construction, and further agrees that Northern shall appear and deTend on behalf of the City against any and all such claims that may be presented to it. No expense shall be incurred and no settlement shall be attempted by City involving any such claim or suit without Northern's prior written consent. 9. Northern or its contractors or agents shall limit their ~xcavation operations to a maximum of two nine hour shifts unless extended by City° 10. Vacant land in the buffer area east of California Street shall be rough graded to a reasonable elevation as determined by City o 11. Property not im~nediately required for railroad use adjacent to and east of the top. of the slope between 38th Avenue and 40th Avenue IT.Eo will be leased to City by Itorthern on an indefinite term basis for a nominal consideration subject to cancellation without notice if needed for railroad purposes. In the event ~Iorthern, for any reason, does not con, hence construction .of the proposed Northto~n Classification Yard within five (5) years from the date of this agreement, Northern shall thereupon make application to City to zone the rezoned property described in Article I back to 1.~-i, Light Industrial, and this agreement shall thereupon terminate. This agreement may be terminated earlier by Northern making application to City to zone the rezoned property described in Article I back to ~f-t, Light Industrial, and upon making such application this agreement shall terminate° IN WITNESS ~5!EREOF, the parties hereto have caused this agreement to be ~xecuted the day and year first hereinabove BURLINGTON NORT~r=--RN INC. Vice President ? '~C i ty }[anagar