89-7585R45
CITY OF RICHFIELD
RESOLUTION NO. 7585
-,
A RESOLUTION AUTHORIZING THE EXECUTION
OF A CONTRACT RELATING TO THE
STORM SEWER AT 6848 THIRD AVENUE SOUTH
IN THE CITY OF RICHFIELD
WHEREAS, Donald J. Knutson and Joyce A. Knutson are the current owners
of real property generally referred to 6848 Third Avenue South, Richfield,
Minnesota and legally described as:
The South 7 feet of Lot 8, Block: 1, "Richfield Center" and the
North 12.74 feet of Lot 1, Block 2, "Richfield Center" and that
part of East 69th Street, vacated, lying between Lot 8, Block 1
and Lot 1, Block 2, "Richfield Center," according to the plat
thereof on file and of record in the Office of the County
Recorder, in and for Hennepin County, Minnesota.
(hereinafter referred to as the "Subject Property"); and
WHEREAS, by document dated May 31, 1956, the prior .owners of the
Subject Property created a storm sewer easement in favor of the village of
Richfield which was filed of record on August 16, 1956, in Book 2099 of Deeds,
Page 581, as document number 3023933 (which easement is hereinafter referred to
as the "Existing Easement"); and
WHEREAS, subsequent to the creation of the Existing Easement, the village
of Richfield constructed a storm sewer within the Existing Easement; and
WHEREAS, subsequent to the construction of storm sewer, the residential
dwelling on the Subject Property was enlarged by an addition which was
constructed over a part of the storm sewer in the Existing Easement; and
WHEREAS, the current owners of the Subject Property desire to sell the
property and the purchasers have experienced difficulty in securing financing due
to the .presence of the Existing Easement and storm sewer under the dwelling
structure located on the Subject Property; and
Resolution No. 7585
Page 2
WHEREAS, the owners of '
assistance and cooperation of t
protection of the purchasers
secure financing therefor; and
WHEREAS, the City is will
Subject Property have requested the
City in making adequate provision for the
the Subject Property so that they may
to enter into an agreement relating,
generally, to the existence, presence, maintenance, and relocation of the Existing
Easement and the storm sewer with ''the owners of the. Subject Property on the
terms and conditions hereinafter described;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota, that:
1. The city manager is directed to attempt to negotiate a contract with the
owners of the Subject Property~l,which shall include the following terms:
a) As consideration for the. execution of the contract by the City, the
owners will provide at the time of the execution of the contract, a
document in recordable form, executed by the proper parties,
granting to the City an additional easement for construction of a
replacement storm sewer over the Subject Property and adjacent
property, if necessary, said easement to be in a location approved by
the city engineer and in a form. approved by the city attorney. (Said
easement is hereinafter! referred to as the "Replacement Easement.")
b) The City will retain the Existing Easement and continue to operate,
maintain, repair and replace a storm sewer within the Existing
Easement until such time as maintenance, repair, or replacement of
said storm sewer would cause physical damage to the dwelling
structure located on the Subject Property, whereupon the City will
abandon said existing storm sewer (but not tl-e Existing Easement) in
Resolution No. 7585
Page 3
place and reconstruct a replacement storm sewer line on the
Replacement Easement.
c) The City may, at any time, vacate the Existing Easement. following
any required public hearing thereon. Upon such vacation, legal title
to the sewer pipe in place shall revert to the owner of the Subject
Property, and the obligation to accept such title, and all obligation
and responsibility therefore, shall run with the land and bind the
owners and all successors in interest to the Subject Property.
d) In consideration of the agreement and of the sufferance by the City
to allow the continued use of the Existing Easement for the dwelling
structure on the Subject Property, the owners of the Subject Property
agree to defend, indemnify, and hold harmless the City, its mayor and
council members, officers, employees and agents from and against
any and all claims and actions for damages arising out of or in any
way related to the use by the City of the Existing Easement for
storm sewer purposes or the maintenance, repair or replacement
thereof.
2. Upon agreement upon the specific terms of such a contract, the mayor and
manager are authorized and directed to execute the same for and on behalf
of the City of Richfield.
PASSED and adopted by the City Council of the City of Richfield, this
11th day of December , 1989.
ATTEST:
Thomas P. Ferber, City Clerk