Res 78 - 125 Authorizing Settlement with Somerset Country Club Relative to Construction of Drainage System & Storm Sewer System to Serve Ivy Falls Creek & Adjacent Areas� .Y
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City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 78-125
RESOLUTION AUTHORIZING SETTLENiEDTT WITH
SOMERSET COUNTRY CLUB RELATIVE TO
CONSTRUCTION OF DRAINAGE SYSTEM AND
STORM SEWFR SYSTEM TO SERVE IVY FALLS
CREEK AND ADJACENT AREAS
(IMP ROVEMENT NO. 77, PROJECT NO. 14)
WHEREAS, a portion of the construction of the improvements known as
the construction of a drainage system and storm sewer system to serve
Ivy Falls Creek and adjacent areas (which improvements have heretofore
been known and designated as Improvement No. 77, Project No. 14) requires
construction upon and easements over property situated in the City of
Mendota Heights owned by Somerset Country Club, and
WHEREAS, negotiations have been had between representatives of the City
and of said Somerset Country Club for the purpose of resolving the
questions raised relative to the use of such property and the grant
to the City by Somerset Country Club of easements over such property,
and
WHEREAS, Somerset Country Club has agreed to the following terms and
conditions as a basis of resolving the questions related to the use
of their property and the granting of easements to the City with
respect thereto.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota, as.follows:
1) Somerset Country Club shall grant to the City appropriate
� easement documents covering the two ponding areas and the
creek area existing or which is to be constructed as a part
of the Ivy Falls Creek Improvement Project. The boundaries
of the easement shall generally be in accordance with the
stakes which were previously placed upon the ground.
2) Somerset's actual cost of constructing the dam on the
existing ponding area plus the costs incurred by Somerset
in constructing additional gabions in connection with the
dam will be considered "costs" of the Ivy Falls Creek
Improvement Project. ,
3) Somerset shall be assessed for the Ivy Falls Creek
Improvement Project at a rate not to be in excess of the
rate charged for other comparable properties in the City.
In no event, however, shall the total amount of the assess-
ments levied against Somerset for the Ivy Falls Creek
Improvement Pro�ect exceed the total sum of $80,000.00.
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4) Somerset shall receive a credit against the total
amount of the assessments levied against its property for
the Ivy Falls Creek Improvement Project equal to Somerset's
cost of constructing the dam upon its property and the
additional gabions required in that connection.
5) The City shall maintain the ponds and creek area located
upon Somerset's property on a"functional" maintenance basis
as opposed to an aesthetic or similar type maintenance which
would otherwise be required in maintaining golf course property.
6) The City shall have the right to immediately go upon the
existing ponding area located on the golf course for the
purpose of cleaning out and enlarging the ponding area in
accordance with the plans of the City Engineer.
7) The foregoing, together with such other terms and condi-
tions as the City Attorney deems necessary shall be embodied
in a formal agreement to be entered into by and between Somerset
Country Club and the City.
Adopted by the City Council of the City of Mendota Heights this 5th day
of December, 1978.
ATTEST:
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Ka hleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By /�.��e�r��� �
Robert G. Lockwood
Mayor