Agenda - Council - 04/14/1998 (2)

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I^?R-22-98 WED 9'00 AM LINDBERG & MCKINNIS PA F^× NO. 612 689 9806 ?. 6 I I I I I I I I I I I I I I I I I Northwest is completed. Final variance will depend upon these factors as well as lot size, site plan design and desired size and location of the building as presented alter 139th Avenue Northwest is constructed. 9. preservation and maintenance_oflrees. The parties acknowledge that there is an area of matnre trees growing on the North Half of Outlet A and the North 70 feet of the East 80 feet of Lot 1, Block 3, Business Park 95 Seventh Addition as shown on Exhibit A attached hereto, hereinafter referred to as the "easement area". The parties agree that trees are not growing on the entirety of'the easement area, but that there are mature trees growing on a substantial part of the North Half of Outlet A, and that there is a sizable stand of tree's on the North 70 feet of the East g0 feet of Lot 1, Block 3. The parties also acknowledge that BJORKLUND does maintain a "driveway road" that divides this area of trees in the easement area. BJORKLU'ND shall provide to CITY an easement in reeordable form for the preservation and maintenance of the existing trees on the easement area. BJORKLUND shall practice all reasonable conservation methods to insure the continued growth and stability of these trees. The parties acknowledge that the trees on the"easement area provide a natural buffer and screening of the BJORKLI_IND property from Unity Street and CITY is desirous of maintaining these trees. Said easement shall provide that BJORKLUND shall not cut or take down any living mature trees on this property unless approved in writing by CITY. BJORKLUND shall endeavor to keep these areas where the trees are located clema and free from litter and if required by CITY, shall mow the grass in the area around said trees. The easement shall be exclusive unto CITY, except for BJORK. LI./ND's obligations to enter upon the easement area for the purposes of maintaining this area and the trees in accordance with the terms offl~is Agreement. CITY acknowledges that this easement will not apply in the areas whcre trees are not growing. 10. Time_of the essence. The parties acknowledge that since the negotiations for this transfer have been continuing since the fall of I995 and BJORKLUND is in a position to begin the improvement and expansion offlzeir business property, time is of the essence. 11. _We.Ils and.s.ewer ~y,~tems. The parties acknowledge that there are located on the property intended to be conveyed according to the terms o£this Agreement no on-site wells and no on-site sewer systems. IN WITNESS WI IEREOF, thc parties hereto have set their hands the day and ),ear first above written. CITY OF RAMSEY, MN By. Its 4 117