Agenda - Council - 11/24/2015 - Laserfiche WebLink

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will cross part of the County Property as depicted in Exhibit 1 ("Riverdale Drive"); and WHEREAS, construction of Riverdale Drive will require a change to the Storm Sewer System; and WHEREAS, the City and the County are entering into this Agreement for the purpose of describing the responsibilities of each party to (1) facilitate the construction of Riverdale Drive; (ii) facilitate the construction of improvements to the Storm Sewer System, (iii) describe the exchange of property and/or property interests between the County and the City to accomplish the same; and (iv) define the responsibilities of the parties to maintain the Storm Sewer System. NOW, THEREFORE, in consideration of the mutual covenants and promises stated herein, the parties do hereby agree as follows: 1. Riverdale Drive. To facilitate the construction of Riverdale Drive the County shall convey to the City that part of the County Property depicted in the attached Exhibit 1 as parcel A, ("Riverdale Road Property"). The County currently has a trail over the Riverdale Road Property. The County's conveyance shall specifically reserve an easement for trail purposes over that portion of the Riverdale Road Property overlying the storm sewer pipe. Conveyance of the Riverdale Road Property will require the preparation of a registered land survey. The County shall prepare the registered land survey, which pursuant to statute will have to be approved by the City. The City shall cooperate with the County in the approval of the registered land survey, including waiving and or paying any fees required by the City in the application and/or approval process. The City shall, at its own expense, construct Riverdale Drive over the Riverdale Drive Property. As part of the construction of Riverdale Drive the City shall replace and/or repair any damage to the trail. Upon prior written permission of the County, the City may relocate the trail to a new location on the Riverdale Property. 2. Reconfiguration of the Storm Sewer System. A. To construct Riverdale Drive the City will need to eliminate all or part of the northerly storm water pond. Additional capacity will be needed to handle the storm water runoff. The City shall obtain the necessary property rights to construct and maintain a storm water runoff pond on property adjacent to the County. Property, which property is legally described as Lot 1, Block 1, THE DIAMONDS, according to the map or plat thereof on file in the office of the Anoka County Registrar of Titles, Anoka County, Minnesota ("Additional Ponding Area"). The Additional Ponding Area location is depicted in Exhibit 1 as parcel B. The property rights acquired by the City for the Additional Ponding Area shall