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:
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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.
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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