IP #995 cemetery propertyRequest for Action �" 1� Agenda Section
October 15, 2018 Work Session
Approved by: Kirk McDonald, City Manager Item Number
Originating Department: Community Development
11.3
By: Jeff Sargent, Director
Agenda Title
Discuss purchase of the Assumption Cemetery property in conjunction with the municipal pool improvements
Requested Action
Staff requests to have a discussion with the City Council regarding the potential purchase of a portion of the
Assumption Cemetery property in conjunction with the construction of the new municipal pool.
Policy/Past Practice
It is past practice for staff to discuss possible purchases of property with the City Council prior to taking formal
action.
Background
As previously disclosed to the City Council, a portion of the north city hall parking lot is located on property
owned by the Catholic Cemeteries (Assumption Cemetery), and an easement was granted to the city in 1991
for parking lot purposes. The easement allowed the cemetery to utilize the parking lot in the event of burials,
and required that two (2) parking spaces be reserved for the cemetery for maintenance/visitor purposes. There
are very few burials that take place at the cemetery, with the majority of the traffic being gravesite visitors.
Through the planning process for the new municipal pool facility, staff determined that the location of the
proposed mechanical building for the pool would be located almost entirely on the Catholic Cemeteries
property (please see the attached information for location of the property and the proposed location of the
building). After this determination was made, staff looked into the possibility of purchasing the parking lot
portion of the Catholic Cemeteries property in order to obtain better control of the property. Staff would be
more comfortable with constructing a building on city -owned property rather than amending a current
easement agreement to allow for the construction of the building. City staff, along with the city attorney,
engaged in conversations with representatives from Catholic Cemeteries regarding the potential purchase of
the property. When the discussions concluded, Catholic Cemeteries agreed, in principle, to give the property
to the city via a Quit Claim Deed in exchange for the construction of an improved access driveway, retaining
wall, landscaping and other related improvements. A formal decision would still need to be made by their
board of directors at the December meeting. Catholic Cemeteries would also be granted an easement for the
use of the property so they could continue to use the property in the same manner they have been since 1991.
Improvements and Easements
The north parking lot at city hall will be reconfigured through the design of the new municipal pool
improvements. The attached site plan depicts some of the improvements to the current Catholic Cemeteries
property, including:
• A new and wider access driveway for Assumption Cemetery of a width of approximately 22 feet
• Concrete curb and gutter for the access driveway and parking areas
• A new and wider gate to access the cemetery, including any required replacement fencing
I: \ RFA \ COMM DEV \ 2018 \ Work Sessions \ Assumption Cemetery Purchase Discussion \ WS - Assuption Cemetery Purchase 10-15-18.docx
Request for Action, Page 2
• A larger parking area at the top of the hill near the gate that will allow for ADA access through the gate
to Assumption Cemetery
■ New terraced retaining walls will be constructed. Trees will be planted in the terracing sections between
the walls to provide screening and as a barrier for vehicles using the access driveway.
In total, the estimated cost to the city for these improvements is $131,400.
As stated previously, the terms of the easement granted to Catholic Cemeteries would allow the cemetery to
use the property as they currently are. The specific terms are as follows:
■ Vehicles would be allowed to park in the parking spaces provided on the access driveway
• Assumption Cemetery parking will be allowed in the one-way traffic access driveway and parking
along Xylon Avenue North
• Catholic Cemeteries will be responsible for minor maintenance of the access driveway, including snow
removal and lawn maintenance
■ City will be responsible for minor maintenance south of the access driveway within the one-way traffic
access drive and parking areas
• City will be responsible for any future pavement and curb maintenance (i.e. patching, replacement)
within the entire easement area
Recommendation
Staff recommends that the City Council agree, in principle, to the purchase of the property from Catholic
Cemeteries. Once formal approval is made by Catholic Cemeteries, staff will present the purchase and
development agreement to the City Council for the city's formal approval.
Attachments
■ Draft Purchase and Development Agreement
• Memo from Jensen, Sondrall, Persellin & Woods, P.A.
• Letter of Support from Catholic Cemeteries
■ Location Map
• Site Plan
• Estimate of Costs for the New Improvements (Stantec)
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement ("Agreement") is made by and between The
Catholic Cemeteries, a Minnesota corporation ("Catholic Cemeteries"), and the City of New Hope,
a Minnesota municipal corporation ("City") effective , 2018. In consideration of the
covenants and agreements of the respective parties as hereinafter set forth, Catholic Cemeteries
shall sell and City shall purchase the vacant parcel of real property located in the City of New
Hope at Xylon Avenue North adjacent to the New Hope City Hall and Assumption Cemetery
properties, Property Identification Number 18-118-21-12-0001 which is legally described and
graphically depicted in the attached Exhibit A ("the "Property").
1, Title Conveyed. For valuable consideration as set forth herein, on the Date of Closing,
Catholic Cemeteries shall deliver a Quit Claim Deed (the "Deed") to City conveying
marketable title of record, free and clear of liens, encumbrances, assessments, and
restrictions, except for the "Permitted Encumbrances" set forth on Exhibit B.
2, Easement Conveyed. For valuable consideration as set forth herein, on the Date of
Closing, City shall deliver an Easement Agreement (the "Easement") to Catholic
Cemeteries conveying certain easement rights over a portion of the Property and the
adjacent triangular parcel currently owned by the City which is adjacent to Xylon Avenue
North and allows access to Xylon Avenue North, identified as Property Tax Identification
Number 18-118-21-11-0011 ("City Property") which easement area is graphically depicted
in the attached Exhibit C ("Easement Area").,
3. Representations of Catholic Cemeteries. Catholic Cemeteries represents and agrees as
follows:
a. Catholic Cemeteries the Property and has the right to sell the same, and that there
are no unrecorded contracts, leases, easements or other agreements or claims of any
third party affecting the use, title, occupancy or development of the Property, there
are no parties other than Catholic Cemeteries in possession of any portion of the
Property, and no person, firm or entity has any right of refusal, option or other right
to acquire all or any part of the Property.
b. Catholic Cemeteries has not received any notice from any governmental authority
concerning any eminent domain, condemnation, special taxing district, or rezoning
proceedings.
C. To the best of Catholic Cemeteries' knowledge without inquiry there are no septic
systems or wells on the Property.
d. Catholic Cemeteries represents that it has the requisite power and authority to enter
into and perform this Agreement and any Catholic Cemeteries' Closing Documents
signed by it.
e. Catholic Cemeteries is not a "foreign person," "foreign partnership," "foreign trust"
or "foreign estate" as those terms are defined in Section 1445 of the Internal
Revenue Code.
f. To the best of Catholic Cemeteries' knowledge without inquiry, no above ground
or underground tanks are located in or about the Property.
g. Catholic Cemeteries makes no other warranties as to the condition of the Property.
Wherever herein a representation is made "to the best of Catholic Cemeteries' knowledge," such
representation is limited to the actual knowledge of the Director of Catholic Cemeteries.
4. Representations of City. As an essential part of this Agreement and in order to induce
Catholic Cemeteries to enter into this Agreement and sell the Property, City hereby
represents to Catholic Cemeteries:
a. SUBJECT TO THE FOREGOING REPRESENTATIONS BY CATHOLIC
CEMETERIES, CITY HEREBY ACKNOWLEDGES THAT CITY IS
PURCHASING THE PROPERTY IN "AS IS" CONDITION. City
acknowledges that they have inspected or have had the opportunity to inspect the
Property and agree to accept the Property "AS IS."
b, City shall complete the construction of the new access driveway, retaining wall,
landscaping and parking spaces on the Property more specifically defined herein.
C. The City shall convey an Easement to Catholic Cemeteries allowing driveway
access over the Property and the City Property between Assumption Cemetery
and Xylon Avenue North.
The representations set forth herein shall be incorporated into appropriate documents to be
recorded against the Property (whether by Deed, Easement, or development agreement) subject
to approval by Catholic Cemeteries and City as a condition of Closing.
5. Title Commitment and Policy.
a. Catholic Cemeteries shall deliver to City a Commitment for an ALTA Form B
owner's policy of title insurance (the "Commitment") issued by Midland Title
("Title Company") and covering title to the Property, in the amount requested by
the City based upon the estimated value of the Property. City agrees to pay the
costs associated with the preparation and issuance of the Commitment; City shall
pay the premium for the owner's policy, if any, and the lender's policy.
b. City shall have thirty (30) days after receipt of the Commitment to review and
approve the title to the Property and to object to any exception to title that is
disclosed in the Commitment or which is otherwise discovered by City. In the event
that City does not within such thirty (30) day period give notice to Catholic
Cemeteries objecting to any such exceptions, then all such exceptions shall be
deemed approved and shall be considered a part of the Permitted Encumbrances. If
City timely objects to an exception to title, then on or before the tenth (10) day
following City's notice of exception, Catholic Cemeteries shall remove the
exception or notify City that Catholic Cemeteries is unwilling or unable to remove
the exception. Within five (5) days of any notice by Catholic Cemeteries that
Catholic Cemeteries it is unable to remove an exception to title, City may elect by
notice to Catholic Cemeteries to either:
(i) terminate this Agreement; or
(ii) elect to have this Agreement remain in effect, in which event City will be
deemed to have approved the previously -cited exception and the same shall
be considered part of the Permitted Encumbrances.
6. Closing.
a. Closing shall occur on or before , 2019 (the "Date of Closing" or
"Closing"), unless both parties agree, in writing, to an earlier or later time.
b. Closing shall occur at the office of the Title Company.
C. Catholic Cemeteries shall deliver at closing the following executed and
acknowledged documents:
(i) the Deed;
(ii) affidavit(s) in industry -standard form(s) stating that possession of the
Property is being delivered free of any mechanic's or statutory liens in
connection with work performed prior to closing; Catholic Cemeteries is
not a foreign person or entity; and addressing such other matters as City
may reasonably require.
d. City shall deliver to Catholic Cemeteries at closing the fully executed and
acknowledged Easement Agreement.
7. Payments/Prorations. At Closing, City shall pay the cost of recording any instrument
necessary to place title in the condition required under this Agreement, State Deed Tax,
and all special assessments levied, pending or constituting a lien against the Property as of
the Date of Closing, including without limitation any installments of special assessments
and interest payable with general real estate taxes in the year of closing. Catholic
Cemeteries will pay general real estate taxes payable in the year prior to the year of closing
and all prior years. City shall pay at Closing the cost of the owner's policy of title insurance
(if any), sales tax (if any) resulting from the Closing, the fees required for recording the
Deed, the Purchase and Development Agreement, the Easement and all customary closing
fees charged by the Title Company or other closing agent, if any, utilized to close the
transaction contemplated by this Agreement. General real estate taxes payable in the year
of closing shall be prorated by Catholic Cemeteries and City as of the closing date based
upon a calendar year. Each party shall pay its own attorney's fees.
8. Construction of Access Driveway and Related Improvements. City agrees that it will
construct a new access driveway on the Property and the City Property to allow access
between Xylon Avenue North and the Assumption Cemetery. This covenant shall
survive the delivery of the Deed.
a. The access driveway, retaining wall, landscaping and other related improvements
described in this paragraph are referred to as the "Improvements."
b. The Improvements shall consist of the following items and shall be constructed
substantially in accordance with the Concept Plan attached as Exhibit D:
(i) A new and wider access driveway for Assumption Cemetery of a width of
approximately 22 feet ("Access Driveway").
(ii) Concrete curb and gutter for the Access Driveway and parking areas.
(iii) A new and wider gate to Assumption Cemetery will be provided,
including any required replacement fencing with the new gate.
(iv) Parking at the top of the hill near the gate will allow for ADA access
through the gate to Assumption Cemetery.
(v) New terraced retaining walls will be constructed. Trees will be planted in
the terracing between the walls to provide screening and as a barrier for
vehicles using the Access Driveway.
C. City shall comply with all recommendations of the City Engineer.
9. Terms of Easement. City agrees that it will convey an Easement to Catholic Cemeteries.
City and Catholic Cemeteries agree to the following usage and maintenance terms to be
incorporated into an Easement Agreement:
a. Vehicles parking on the Access Driveway will be able to turn around at the top of
the hill near the gate instead of backing down the driveway per the existing
conditions.
b. Assumption Cemetery parking will be allowed in the one-way traffic Access
Driveway and parking along Xylon Avenue North.
C. Catholic Cemeteries will be responsible for minor maintenance of the Access
Driveway, including snow removal and lawn maintenance.
d. City will be responsible for minor maintenance south of the Access Driveway
within the one-way traffic access drive and parking areas.
e. City will be responsible for any future pavement and curb maintenance (i.e.
patching, replacement) within the entire Easement Area.
4
10. Notices. All notices required hereunder shall be in writing and shall be deemed to have
been duly given and received (a) two (2) business days after depositing of the same in the
mail if sent by regular, registered or certified mail, postage prepaid, to the party to whom
directed, at such party's address herein set forth; or (b) upon delivery, or attempted delivery
if delivered by overnight courier service or hand delivery. Any party shall have the right
to designate any other address for notice purposes by written notice to the other party in
the manner aforesaid. The addresses of the parties are as follows:
CATHOLIC CEMETERIES: The Catholic Cemeteries
John M. Cherek
2105 Lexington Avenue South
Mendota Heights, MN 55120
CITY: Economic Development Authority in and for the City of New Hope
Kirk McDonald, Executive Director
4401 Xylon Avenue North
New Hope, MN 55428-4898
with copy to: Stacy A. Woods, New Hope Assistant City Attorney
Jensen Sondrall Persellin & Woods, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
It. No Broker Involved. Catholic Cemeteries and City represent and warrant to each other that
there is no broker involved in this transaction with whom it has negotiated or to whom it has
agreed to pay a broker commission..
12. Assignment/Prohibition Against Transfer of Property. City may not assign its rights
or obligations hereunder. Catholic Cemeteries may not assign its easement rights or
obligations under the Easement to be conveyed to Catholic Cemeteries by the City.
13. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota.
No amendment of this Agreement shall be valid or binding unless executed by authorized
representatives of both Catholic Cemeteries and City. The headings and captions of this
Agreement are for the convenience of the parties only and shall not be looked to in the
interpretation or enforcement of this Agreement. Catholic Cemeteries and City
acknowledge and agree that each has had opportunity to participate in the drafting of this
Agreement and accordingly acknowledge and agree that this Agreement as a whole and
each of is clauses are not to be interpreted in favor of or against either party. This
Agreement may be signed in counterpart, with each copy of the Agreement binding upon
the signing party at the time of signing and together which shall constitute a single
document.
14. Survival. The Parties representations contained herein shall survive the delivery of the
Deed.
5
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the above
date ("Effective Date").
CATHOLIC CEMETERIES: CITY:
The Catholic Cemeteries, a Minnesota City of New Hope, a Minnesota municipal
corporation corporation
John M. Cherek
Its: Director
Dated:
STATE OF MINNESOTA
COUNTY OF
2018
ss.
By:
Kathi Hemken
Its: Mayor
Dated:
By:
Kirk McDonald
Its: City Manager
Dated:
2018
. 2018
The foregoing instrument was acknowledged before me this day of , 2018, by
John M. Cherek, the Director of The Catholic Cemeteries, a Minnesota corporation, on behalf of said
corporation.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of %
2018, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City
of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation.
DRAFTED BY,
Jensen Sondrall Persellin & Woods, P.A.
8525 Edinbrook Crossing, #201
Brooklyn Park, MN 55443
(763)424-8811
Notary Public
701
J E N SE N S O N D BALL 8525 EDINBROOK CROSSING, STE. 201
PERSELLIN&WOODS BROOKLYN PARK, MINNESOTA55443-1968
■ ■ TELEPHONE (763) 424-8811 a TELEFAX (763) 493-5193
P.A., ATTORNEYS AT LAW www.jspWaw.com
GORDON L. JENSEN'
MELANIE P. PERSELLIN=1'
VmvEN A. SONDRALL
STAGY A. Woods'
'Real Property Law
Specialist Certified By
The Minnesota State
Bar Association
Licensed In
Illinois/Colorado
3Qualified Neutral Mediator
under Rule 114
Writer's Direct Dial No.: (763) 201-0265
e-mail saw@lspwlaw.com
October 9, 2018
Kirk McDonald
Jeff Sargent
City of New Hope
RE: Catholic Cemeteries Property next to New Hope City Hall
Purchase and Development Agreement
Dear Kirk and Jeff:
Attached for your review and the review of the City Council is a proposed Purchase and
Development Agreement ("Agreement"). This Agreement sets out the basic terms of
Catholic Cemeteries conveying fee title of the parcel of property adjacent to the
Assumption Cemetery and the Police Department parking lot (PID 18-118-21-12-
0001)("Property") to the City of New Hope. In exchange for the conveyance of the
Property to the City via a Quit Claim Deed, the City will construct an access driveway,
retaining wall, landscaping, and related improvements. The City will also convey an
easement to Catholic Cemeteries. over the Property and the triangular City -owned
parcel of property adjacent to the Property, permitting access to Xylon Avenue North.
Stantec has prepared two drawings showing the proposed pool schematic and driveway
access with parking for the Catholic Cemeteries. These drawings are preliminary drafts
for discussion purposes only. These drawings will need to be approved by the City
Council. The proposed improvements would provide the following benefits to Catholic
Cemeteries:
A new and wider access driveway for the cemetery. The current width is
approximately 10' wide and the proposed width is 12' and 22' wide.
2. Concrete curb and gutter for the access driveway and parking areas.
Vehicles parking on the access driveway will be able to turn around at the top of
the hill near the gate -instead of backing down the driveway per the existing
conditions.
4. A new and wider gate to the cemetery will be provided, including any required
replacement fencing with the new gate.
Page 2
5. Parking at the top of the hill near the gate will allow for ADA access through the
gate to the cemetery.
6. New terraced retaining walls will be constructed. Trees will be planted in the
terracing between the walls to provide screening and as a barrier for vehicles using
the access driveway.
7. Catholic Cemetery parking will be allowed in the one-way traffic access drive and
parking along Xylon Avenue North.
8. The proposed easement will allow cemetery access across the triangular city -owned
property adjacent to Xylon Avenue North.
The City also proposes the following property maintenance structure which will be
incorporated into the Easement Agreement:
1. Catholic Cemeteries will be responsible for minor maintenance of the access
driveway, including snow removal and lawn maintenance.
2. The City will be responsible for minor maintenance south of the access driveway
within the one-way traffic access drive and parking areas.
3. The City will be responsible for any future pavement and curb maintenance (i.e.
patching, replacement) within the entire proposed easement area.
Catholic Cemeteries has expressed its interest in this overall Agreement but must seek
approval from its Board.
Sincerely,
Stacy A. Woods
Assistant City Attorney, City of New Hope
Enclosures
cc: Steve Sondrall
August 28, 2018
THE
CATHOLIC
CEMETERIES
Mr. Steven Sondrall
8525 Edinbrook Crossing
2105 Lexington Ave. S.
Suite 201
Mendota Heights, MN 55120
Brooklyn Park, MN 55443-1968
NeuN 651.228.9991
FAx 651.228.9995
www.catholic-cometaries.org
Dear Steve:
Thank you for sending us the drawings of the concept plan and related
Calvary Cemetery
information regarding the City of New Hope Driveway and Parking Plan for
St. Paul
Assumption Cemetery.
Gethsemane Cemetery
New Hope
We are impressed with the potential improvements and are supportive of the
Resurrection Cemetery
overall concept. We also concur with the proposed property maintenance
Mendota Heights
plan. You have our agreement to move forward with the plan.
St. Anthony's Cemetery
Minneapolis
We look forward to your purchase proposal and will work with the City of
St. Mary's Cemetery
New Hope to achieve a fair purchase price.
Minneapolis
Please accept my appreciation for including The Catholic Cemeteries in the
process. If you need any information from The Catholic Cemeteries or have
questions, please feel free to contact either one of us.
We look forward to working with you and the City of New Hope.
Very truly yours,
THE CATHOLIC CEMETERIES
foh M. Cherek
Director
JMC:eg
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Dave Kemp
Strategic Planning
& Project Manager
-.r
ti
1
1
.r
Pool Maintenance Paring
General Parking
4
C
gIt
i�
NEW HOPE CEMETERY DRIVEWAY & PARKING
CITY OF NEW HOPE
4 NEW HOPE POOL REPLACEMENT
DATE: B17l2018 PROJ. NO.: 193804337
Cemetery Parking
FIGURE 2 (.� Stantec
o m 40 Z
PRELIMINARY COST ESTIMATE
CEMETERY PARKING LOT
September 5, 2018
Summary
CONSTRUCTION COST
$101,112,00
CONTINGENCIES 10%
$10,111.20
INDIRECT 20%
$20,222.40
TOTAL COST
$131,445.60
CEMETERY PARKING LOT IMPROVEMENTS
PROJECT
TOTAL
ITEM NO.
ITEM DISCRIPTION
UNIT
QNTY
UNIT PRICE
1
MOBILIZATION (5%)
LS
1
$ 4,800.00
$ 4,800.00
2
TRAFFIC CONTROL
LS
1
$ 1,000.00
$ 1,000.00
3
REMOVE CONCRETE CURB & GUTTER
LF
470
$ 3.50
$ 1,645.00
4
REMOVE TREE
EA
5
$ 200.00
$ 1,000.00
5
REMOVE BITUMINOUS PAVEMENT
SY
1,500
$ 2.00
$ 3,000.00
6
REMOVE RETAINING WALL
LF
115
$ 20.00
$ 2,300.00
7
REMOVE CHAIN LINK FENCE
LF
75
$ 10.00
$ 750.00
8
REMOVE SIGN
EA
1
$ 50.00
$ 50.00
9
COMMON EXCAVATION
CY
820
$ 4.00
$ 3,280.00
SELECT GRANULAR BORROW
TN
540
$ 10.00
$ 5,400.00
11
AGGREGATE BASE, CLASS 5
TN
370
$ 15.00
$ 5,550.00
12
GEOTEXTILE FABRIC TYPE V
SY
800
$ 2.50
$ 2,000.00
13
ISP 9.5 WEAR COURSE
TN
160
$ 80.00
$ 12,800.00
14
BITUMINOUS MATERIAL FOR TACK COAT
GAL
35
$ 3.00
$ 105.00
15
B618 CONCRETE CURB & GUTTER
LF
554
$ 13.00
$ 7,202.00
16
12" RCP STORM SEWER
LF
122
$ 35.00
$ 4,270.00
17
2'x3' CATCH BASIN
EA
1
$ 1,500.00
$ 1,500.00
18
4' DIA. STORM SEWER CBMH
EA
3
$ 2,000.00
$ 6,000.00
19
CONNECT TO EX STORM SEWER STRUCTURE
EA
1
$ 1,000.00
$ 1,000.00
20
4" PARKING LOT STRIPING
LF
30
$ 1.00
$ 30.00
21
RETAINING WALL
SF
430
$ 45.00
$ 19,350.00
22
CHAIN LINK FENCE AND GATE
EA
1
$ 5,000.00
$ 5,000.00
23
INLET PROTECTION
EA
1
$ 300.00
$ 300.00
24
ROCK CONSTRUCTION ENTRANCE
EA
1
$ 1,500.00
$ 1,500.00
25
BIOROLL
LF
80
$ 4.00
$ 320.00
26
SILT FENCE
LF
600
$ 2.00
$ 1,200.00
27
TOPSOIL BORROW
CY
60
$ 25.00
$ 1,500.00
28
ISOD
SY
540
$ 6.50
$ 3,510.00
29
IWOOD MULCH
CY
30
$ 25.00
$ 750.00
30
TREE
EA
8
$ 500.00
$ 4,000.00
TOTAL ESTIMATED CONSTRUCTION
COST
$ 101,112.00
10% DESIGN CONTINGENCY
$ 10,111.20
20% INDIRECT COST
$ 20,222.40
TOTAL ESTIMATED PROJECT COST
$ 131,445.60
Request for Action Agenda Section
Development &
January 14, 2019 Planning
Approved by: Kirk McDonald, City Manager Item Number
Originating Department: Community Development 8.6
By: Jeff Sargent, Director
Agenda Title
Resolution authorizing the execution of a purchase and development agreement with the Catholic Cemeteries
for the acquisition and development of property adjacent to the city's new pool development
Requested Action
Staff requests the City Council to approve the resolution approving the Purchase and Development Agreement
with Catholic Cemeteries for the acquisition of the Assumption Cemetery property in conjunction with the
construction of the new municipal pool.
Policy/Past Practice
It is past practice for the City Council to approve Purchase and Development Agreements prior to acquiring
property in conjunction with city projects.
Background
At the October 15, 2018 work session meeting, staff discussed the possibility of acquiring the Assumption
Cemetery property from Catholic Cemeteries, as part of the master Civic Park pool and park area, and the
Council was supportive of the concept. As previously disclosed to the City Council, a portion of the north city
hall parking lot is located on property owned by the Catholic Cemeteries (Assumption Cemetery), and an
easement was granted to the city in 1991 for parking lot purposes. The easement allowed the cemetery to utilize
the parking lot in the event of burials, and required that two (2) parking spaces be reserved for the cemetery
for maintenance/visitor purposes. There are very few burials that take place at the cemetery, with the majority
of the traffic being gravesite visitors.
Through the planning process for the new municipal pool facility, staff determined that the location of the
proposed mechanical building for the pool would be located almost entirely on the Catholic Cemeteries
property (please see the attached information for location of the property and the proposed location of the
building). After this determination was made, staff looked into the possibility of purchasing the parking lot
portion of the Catholic Cemeteries property in order to obtain better control of the property. Staff would be
more comfortable with constructing a building on city -owned property rather than amending a current
easement agreement to allow for the construction of the building. City staff, along with the city attorney,
engaged in conversations with representatives from Catholic Cemeteries regarding the potential purchase of
the property. When the discussions concluded, Catholic Cemeteries agreed, in principle, to give the property
to the city via a Quit Claim Deed in exchange for the construction of an improved access driveway, retaining
wall, landscaping and other related improvements. On December 13, 2018 the Catholic Cemeteries Board of
Directors met and approved the sale of the property to the city of New Hope. As part of the sale of the land,
Catholic Cemeteries will be granted an easement for the use of the property so they can continue to use the
property in the same manner they have been since 1991.
I:\RFA\COMM DEV\2019\Council Meetings\1-14-19 Catholic Cemeteries PDA\Q & R - Assuption Cemetery Purchase Agreement 1-14-19.docx
Request for Action, Page 2
Improvements and Easements
The north parking lot at city hall will be reconfigured through the design of the new municipal pool
improvements. The attached site plan depicts some of the improvements to the current Catholic Cemeteries
property, including:
• A new and wider access driveway for Assumption Cemetery of a width of approximately 22 feet
• Concrete curb and gutter for the access driveway and parking areas
• A new and wider gate to access the cemetery, including any required replacement fencing
• A larger parking area at the top of the hill near the gate that will allow for ADA access through the gate
to Assumption Cemetery
■ New terraced retaining walls will be constructed. Trees will be planted in the terracing sections between
the walls to provide screening and as a barrier for vehicles using the access driveway.
In total, the estimated cost to the city for these improvements is $131,400.
As stated previously, the terms of the easement granted to Catholic Cemeteries would allow the cemetery to
use the property as they currently are. The specific terms are as follows:
• Vehicles would be allowed to park in the parking spaces provided on the access driveway
• Assumption Cemetery parking will be allowed in the one-way traffic access driveway and parking
along Xylon Avenue North
• Catholic Cemeteries will be responsible for minor maintenance of the access driveway, including snow
removal and lawn maintenance
• City will be responsible for minor maintenance south of the access driveway within the one-way traffic
access drive and parking areas
• City will be responsible for any future pavement and curb maintenance (i.e. patching, replacement)
within the entire easement area
Funding
The $131,400 cost for the improvements to the cemetery property is included with the overall pool construction
costs, which are being paid for with bond proceeds.
Recommendation
The city attorney, and attorneys representing Catholic Cemeteries have reviewed and approved the attached
purchase and development agreement. Staff recommends that the City Council approve the Purchase and
Development agreement, agreeing to purchase the subject property from Catholic Cemeteries.
Attachments
• Resolution
• Draft Purchase and Development Agreement
• Exhibit A, C and D of the Purchase and Development Agreement
• Location Map
• Site Plan
• Estimate of Costs for the New Improvements (Stantec)
RESOLUTION NO. 19- 13
RESOLUTION AUTHORIZING THE EXECUTION OF A
PURCHASE AND DEVELOPMENT AGREEMENT WITH THE CATHOLIC
CEMETERIES FOR THE ACQUISITION & DEVELOPMENT OF PROPERTY
ADJACENT TO THE CITY'S NEW POOL DEVELOPMENT
BE IT RESOLVED by the City Council of the City of New Hope as follows:
WHEREAS, the City of New Hope, Minnesota ("City") desires to acquire a parcel of
property adjacent to the existing police department and the future site of the City pool
development located in the City of New Hope, Minnesota at unassigned address, identified as
PID Nos. 18-118-21-12-0001, County of Hennepin, State of Minnesota (the "Property"), as
legally described in attached Exhibit A from The Catholic Cemeteries, a Minnesota corporation
("Catholic Cemeteries") for the new City pool and park development purposes;
WHEREAS, the City proposes to acquire the Property from Catholic Cemeteries in
accordance with the terms set forth in the Purchase and Development Agreement attached hereto
as Exhibit A;
WHEREAS, the plans prepared by the City Engineer Stantec include a mechanical
building for the new pool facilities to be placed on the Property;
WHEREAS, in exchange for deeding the Property to the City, the City agrees to: (1)
grant a perpetual easement to Catholic Cemeteries over a portion of the Property and the adjacent
triangular parcel currently owned by the City which allows access to Xylon Avenue North,
identified as Property Tax Identification Number 18-118-21-11-0011; and (2) construct a new
access driveway to the cemetery adjacent to the Property including a retaining wall, landscaping
and parking spaces on the Property;
WHEREAS, the City and Catholic Cemeteries desire to enter into a Purchase and
Development Agreement according to the terms set forth in the Purchase and Development
Agreement attached hereto as Exhibit A;
WHEREAS, the Board of Directors of Catholic Cemeteries approved the Purchase and
Development Agreement at the December 13, 2018 Board meeting;
WHEREAS, the City hereby approves the Purchase and Development Agreement
attached as Exhibit A, it being in the best interest of the City to successfully close on the
acquisition of the Property from Catholic Cemeteries in exchange for the City conveying an
easement to Catholic Cemeteries and making certain improvements which will benefit Catholic
Cemeteries pursuant to the terms and conditions set forth therein; and
WHEREAS, the Purchase and Development Agreement specifies various documents that
will be delivered at closing, including the easement agreement.
WHEREAS, the proposed sale is in compliance with the City's Comprehensive
Municipal Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New
Hope as follows:
1. That the above recitals are incorporated herein by reference.
2. That the sale of the Property by Catholic Cemeteries to the City for valuable
consideration in the form of conveyance of easement rights and City undertaking
certain development obligations, with other terms and conditions as set forth in
the Purchase and Development Agreement attached hereto as Exhibit A, is
approved, it being in the best interest of the City to successfully close on the
acquisition of the Property from Catholic Cemeteries to facilitate the development
of the City pool facility which will be an asset to the City and its residents and
will further the City's plan of economic development.
3. The Mayor and City Manager are hereby authorized and directed to sign the
Purchase and Development Agreement and all other necessary and appropriate
documents to complete the acquisition of the Property from Catholic Cemeteries
in accordance with the terms of said Purchase and Development Agreement
attached hereto as Exhibit A.
4. The City Engineer is directed to prepare a legal description for the easement area.
Dated the 14th day of January, 2019.
Kathi H6ken, Mayo
Attest: 0�f
Valerie Leone, City Clerk
PURCHASE AND DEVELOPMENT AGREEMENT
This Purchase and Development Agreement ("Agreement") is made by and between The
Catholic Cemeteries, a Minnesota corporation ("Catholic Cemeteries"), and the City ofNew Hope,
a Minnesota municipal corporation ("City") effective January L4 , 2019. In consideration of the
covenants and agreements of the respective parties as hereinafter set forth, Catholic Cemeteries
shall sell and City shall purchase the vacant parcel of real property located in the City of New
Hope at Xylon Avenue North adjacent to the New Hope City Hall and Assumption Cemetery
properties, Property Identification Number 18-118-21-12-0001 which is legally described and
graphically depicted in the attached Exhibit A ("the "Property").
1. Title Conveyed. For valuable consideration as set forth herein, on the Date of Closing,
Catholic Cemeteries shall deliver a Quit Claim Deed (the "Deed") to City conveying
marketable title of record, free and clear of liens, encumbrances, assessments, and
restrictions, except for the "Permitted Encumbrances" set forth on Exhibit B.
2. Easement Conveyed. For valuable consideration as set forth herein, on the Date of
Closing, City shall deliver an Easement Agreement (the "Easement") to Catholic
Cemeteries conveying certain easement rights over a portion of the Property and the
adjacent triangular parcel currently owned by the City which is adjacent to Xylon Avenue
North and allows access to Xylon Avenue North, identified as Property Tax Identification
Number 18-118-21-11-0011 ("City Property") which easement area is graphically depicted
in the attached Exhibit C ("Easement Area").
3. Representations of Catholic Cemeteries. Catholic Cemeteries represents and agrees as
follows:
a. Catholic Cemeteries is the fee owner of the Property and has the right to sell the
same, and that there are no unrecorded contracts, leases, easements or other
agreements or claims of any third party affecting the use, title, occupancy or
development of the Property, there are no parties other than Catholic Cemeteries in
possession of any portion of the Property, and no person, firm or entity has any
right of refusal, option or other right to acquire all or any part of the Property.
b. Catholic Cemeteries has not received any notice from any governmental authority
concerning any eminent domain, condemnation, special taxing district, or rezoning
proceedings.
C. To the best of Catholic Cemeteries' knowledge without inquiry there are no septic
systems or wells on the Property.
d. Catholic Cemeteries represents that it has the requisite power and authority to enter
into and perform this Agreement and any Catholic Cemeteries' Closing Documents
signed by it.
e. Catholic Cemeteries is not a "foreign person," "foreign partnership," "foreign trust"
or "foreign estate" as those terms are defined in Section 1445 of the Internal
Revenue Code.
f. To the best of Catholic Cemeteries' knowledge without inquiry, no above ground
or underground tanks are located in or about the Property.
g. Catholic Cemeteries makes no other warranties as to the condition of the Property.
Wherever herein a representation is made "to the best of Catholic Cemeteries' knowledge," such
representation is limited to the actual knowledge of the Director of Catholic Cemeteries.
4. Representations of City. As an essential part of this Agreement and in order to induce
Catholic Cemeteries to enter into this Agreement and sell the Property, City hereby
represents to Catholic Cemeteries:
a. SUBJECT TO THE FOREGOING REPRESENTATIONS BY CATHOLIC
CEMETERIES, CITY HEREBY ACKNOWLEDGES THAT CITY IS
PURCHASING THE PROPERTY IN ITS "AS IS" CONDITION. City
acknowledges that they have inspected or have had the opportunity to inspect the
Property and agree to accept the Property "AS IS."
b. City shall complete the construction of the new access driveway, retaining wall,
landscaping and parking spaces on the Property more specifically defined herein,
and as agreed upon between the parties (the "Development Plan").
C. The City shall convey a perpetual Easement to Catholic Cemeteries allowing
driveway access over the Property and the City Property between Assumption
Cemetery and Xylon Avenue North. The Easement shall be binding upon
successors and assigns and shall run with the land.
The representations set forth herein shall be incorporated into appropriate documents to be
recorded against the Property (whether by Deed, Easement, or development agreement) subject
to approval by Catholic Cemeteries and City as a condition of Closing.
5. Title Commitment and Policy.
a. Catholic Cemeteries shall deliver to City a Commitment for an ALTA Form B
owner's policy of title insurance (the "Commitment") issued by Midland Title
("Title Company") and covering title to the Property, in the amount requested by
the City based upon the estimated value of the Property. City agrees to pay the
costs associated with the preparation and issuance of the Commitment; City shall
pay the premium for the owner's policy, if any.
b. City shall have thirty (3 0) days after receipt of the Commitment to review and
approve the title to the Property and to object to any exception to title that is
disclosed in the Commitment or which is otherwise discovered by City. In the event
that City does not within such thirty (30) day period give notice to Catholic
Cemeteries objecting to any such exceptions, then all such exceptions shall be
deemed approved and shall be considered a part of the Permitted Encumbrances. If
City timely objects to an exception to title, then on or before the tenth (10) day
following City's notice of exception, Catholic Cemeteries shall remove the
exception or notify City that Catholic Cemeteries is unwilling or unable to remove
the exception. Within five (5) days of any notice by Catholic Cemeteries that
Catholic Cemeteries it is unable to remove an exception to title, City may elect by
notice to Catholic Cemeteries to either:
(i) terminate this Agreement; or
(ii) elect to have this Agreement remain in effect, in which event City will be
deemed to have approved the previously -cited exception and the same shall
be considered part of the Permitted Encumbrances.
6. Closing.
a. Closing shall occur on or before February 28, 2019 (the "Date of Closing" or
"Closing") and may be handled by delivery of documents by the parties.
b. Catholic Cemeteries shall deliver at closing the following executed and
acknowledged documents:
(i) the Deed;
(ii) affidavit(s) in industry -standard form(s) stating that possession of the
Property is being delivered free of any mechanic's or statutory liens in
connection with work performed prior to closing; Catholic Cemeteries is
not a foreign person or entity; and addressing such other matters as City
may reasonably require.
C. City shall deliver to Catholic Cemeteries at Closing the fully executed and
acknowledged Easement Agreement.
d. City shall deliver the Development Plan approved by the parties
7. Payments/Prorations. At Closing, City shall pay the cost of recording any instrument
necessary to place title in the condition required under this Agreement, State Deed Tax,
and all special assessments levied, pending or constituting a lien against the Property as of
the Date of Closing, including without limitation any installments of special assessments
and interest payable with general real estate taxes in the year of closing. Catholic
Cemeteries will pay general real estate taxes payable in the year prior to the year of closing
and all prior years. City shall pay at Closing the cost of the owner's policy of title insurance
(if any), sales tax (if any) resulting from the Closing, the fees required for recording the
Deed, the Purchase and Development Agreement, the Easement and all customary closing
fees charged by the Title Company or other closing agent, if any, utilized to close the
transaction contemplated by this Agreement. General real estate taxes payable in the year
of closing shall be prorated by Catholic Cemeteries and City as of the closing date based
upon a calendar year. Each party shall pay its own attorney's fees.
8. Construction of Access Driveway and Related Improvements. City agrees that it will
construct a new access driveway on the Property and the City Property to allow access
between Xylon Avenue North and the Assumption Cemetery. This covenant shall
survive the delivery of the Deed.
a. The access driveway, retaining wall, landscaping and other related improvements
described in this paragraph are referred to as the "Improvements."
b. The Improvements shall consist of the following items and shall be constructed
substantially in accordance with the Concept Plan attached as Exhibit D:
(i) A new and wider access driveway for Assumption Cemetery ranging in
width from approximately 12 feet to 22 feet ("Access Driveway").
(ii) Concrete curb and gutter for the Access Driveway and parking areas.
(iii) A new and wider gate to Assumption Cemetery will be provided,
including any required replacement fencing with the new gate.
(iv) Parking at the top of the hill near the gate will allow for ADA access
through the gate to Assumption Cemetery.
(v) New terraced retaining walls will be constructed. Trees will be planted in
the terracing between the walls to provide screening and as a barrier for
vehicles using the Access Driveway.
C. City shall comply with all recommendations of the City Engineer.
9. Terms of Easement. City agrees that it will convey an Easement to Catholic Cemeteries.
City and Catholic Cemeteries agree to the following usage and maintenance terms to be
incorporated into an Easement Agreement:
a. Vehicles parking on the Access Driveway will be able to turn around at the top of
the hill near the gate instead of backing down the driveway per the existing
conditions.
b. Assumption Cemetery parking will be allowed in the one-way traffic Access
Driveway and parking along Xylon Avenue North.
C. Catholic Cemeteries will be responsible for minor maintenance of the Access
Driveway, including snow removal and lawn maintenance.
d. City will be responsible for minor maintenance south of the Access Driveway
within the one-way traffic access drive and parking areas.
e. City will be responsible for any future pavement and curb maintenance (i.e.
patching, replacement) within the entire Easement Area.
4
10. Notices. All notices required hereunder shall be in writing and shall be deemed to have
been duly given and received (a) two (2) business days after depositing of the same in the
mail if sent by regular, registered or certified mail, postage prepaid, to the party to whom
directed, at such party's address herein set forth; or (b) upon delivery, or attempted delivery
if delivered by overnight courier service or hand delivery. Any party shall have the right
to designate any other address for notice purposes by written notice to the other party in
the manner aforesaid. The addresses of the parties are as follows:
CATHOLIC CEMETERIES: The Catholic Cemeteries
Joan Gecik
2105 Lexington Avenue South
Mendota Heights, MN 55120
CITY: Economic Development Authority in and for the City of New Hope
Kirk McDonald, Executive Director
4401 Xylon Avenue North
New Hope, MN 55428-4898
with copy to: Stacy A. Woods, New Hope Assistant City Attorney
Jensen Sondrall Persellin & Woods, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
11. No Broker Involved. Catholic Cemeteries and City represent and warrant to each other that
there is no broker involved in this transaction with whom it has negotiated or to whom it has
agreed to pay a broker commission..
12. Assignment/Prohibition Against Transfer of Property. Neither the City nor the
Catholic Cemeteries may assign its rights or obligations under this Agreement without the
written consent of the other.
13. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota.
No amendment of this Agreement shall be valid or binding unless executed by authorized
representatives of both Catholic Cemeteries and City. The headings and captions of this
Agreement are for the convenience of the parties only and shall not be looked to in the
interpretation or enforcement of this Agreement. Catholic Cemeteries and City
acknowledge and agree that each has had opportunity to participate in the drafting of this
Agreement and accordingly acknowledge and agree that this Agreement as a whole and
each of is clauses are not to be interpreted in favor of or against either party. This
Agreement may be signed in counterpart, with each copy of the Agreement binding upon
the signing party at the time of signing and together which shall constitute 'a single
document.
14. Survival. The Parties representations contained herein shall survive the delivery of the
Deed.
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the above
date ("Effective Date").
CATHOLIC CEMETERIES: CITY:
The Catholic Cemeteries, a Minnesota City of New Hope, a Minnesota municipal
corporation
corporation
By: 2 By: e ►N1t P�,�
Joan Gecik Kathi en
Its: Director
Dated: January , 2019
STATE OF MINNESOTA
ss.
COUNTY OF
Its: Mayor
Dated: Jari<y , 2019
k6By:�
Kirk McDonald
Its: City Manager
Dated: January, 2019
The foregoing instrument was acknowledged before me this _ day of January, 2019, by Joan Gecik,
the Director of The Catholic Cemeteries, a Minnesota corporation, on behalf of said corporation.
STATE OF MINNESOTA ) Notary Public
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of January, 2019, by
Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New
Hope, a Minnesota municipal corporation, on behalf of!=ida7lration.
Notary Public
DRAFTED BY:
Jensen Sondrall Persellin & Woods, P.A.
8525 Edinbrook Crossing, #201
Brooklyn Park, MN 55443
763 424-8811
`x"°P# q"
I)VALERIE J LE
ONE
Notary Public -Minnesota
+ Ywr My COmmlaslon Expires an 31, 2020
IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the above
date ("Effective Date").
CATHOLIC CEMETERIES:
The Catholic Cemeteries, a Minnesota
corporation
BBye
eci
Its: Director
CITY:
City of New Hope, a Minnesota municipal
corporation
Kathi Hemken
Its: Mayor
Dated: January, 2019 Dated: January , 2019
Kirk McDonald
Its: City Manager
Dated: January , 2019
STATE OFMINNESOTA )a DAVID J. KEMP
.,
?tir-2} NOTARY PUBLIC-MINNESOTA
SS. . Icy Commission Expires
COUNTY OF �a�a�� ) T''�
7�.;;Y,.:� January 31, 2020
r k
The foregoing instrument was acknowledged before me this_ day of January, 2019, by Joan Gecik,
the Director of The Catholic Cemeteries, a Minnesota corporation, on behalf of said corporation.
d�
Notary Public IJ
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of January, 2019, by
Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New
Hope, a Minnesota municipal corporation, on behalf of said municipal corporation.
Notary Public
DRAFTED BY. -
Jensen Sondrall Persellin & Woods, P.A.
8525 Edinbrook Crossing, #201
Brooklyn Park, MN 55443
(763)424-8811
Exhibit A
Legal Description and Graphic Depiction
See attached.
Exhibit B
Permitted Encumbrances
1. Restrictions, reservations, covenants and easements relating to use or
improvement of the Property without effective forfeiture provisions of record on
the Effective Date;
2. Building'and zoning laws, ordinances, city, state and federal regulations;
3. Governmental regulations, if any, affecting the use and occupancy of the
Property;
4. All rights in public highways upon the land;
5. Easements for public rights -of -way and public and private utilities, which do not
interfere with present improvements;
6. Reservations to the State, in trust for the taxing districts concerned, of minerals
and mineral rights in those portions of the Property the title to which may have at
any time heretofore been forfeited to the State for nonpayment of real estate taxes.
7. The lien of unpaid special assessments, if any, not presently payable but to be
paid as a part of the annual taxes to become due;
8. The lien of unpaid real estate taxes, if any, not presently payable but to be paid as
part of the annual taxes to become due.
Exhibit C
Easement Area — Graphic Depiction
See attached.
Exhibit D
City's Proposed Concept Plan
See attached.
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11426 Catholic Cemeteries Property near City Hall\Purchase and
Development Agreement - Catholic-Cemeteriesv2.docx
10
Hennepin County Property Map
Date: 10/5/2018
yS, r ft
4.
at
•!4i i _ � �?� - ail ��':;- .• - _ , �`L[ ��� ' /ar , 4V�o A;mrl
}.t•,,`• `' 1 inch = 50 feet
PARCEL ID: 1811821120001
OWNER NAME: The Catholic Cemeteries
PARCEL ADDRESS:86 Address Unassigned,
New Hope MN 00000
PARCEL AREA: 0.26 acres, 11,305 sq ft
A T B: Abstract
SALE PRICE:
SALE DATA:
SALE CODE:
ASSESSED 2017, PAYABLE 2018
PROPERTY TYPE: Commercial -Preferred
HOMESTEAD: Non -Homestead
MARKET VALUE: $0
TAX TOTAL: $0.00
ASSESSED 2018, PAYABLE 2019
PROPERTY TYPE. Commercial -preferred
HOMESTEAD: Nan -homestead
MARKET VALUE: $0
Comments:
This data (I) is furnished 'AS 1S' with no
representation as i❑ rxrrnpfeteness or
aocuracy; (ii) Is furnished Vth no
worrentyafanykind; and(Ill) is notsullabie
for lags!, anglneering or surveying purposes.
Hennapin County steals nal be Pablo for arty
damage, lnpryorlossresulting from this data.
COPYRIGHT Q HENNEPIN
COUNTY 2018
EXHIBIT
,That part of the Northwest quarter of the Northeast quarter (NW1%4 of'NE1/4) of
Section .18, Township'118, Mange 21 described as foll,owsc'
Commencing at a point on the north line a distance of l00'feet west of the
northeast corner of said Northwest quarter of the Northeast quarter; thence
south at right angles to said north line of the Northwest quarter of the North-
i east quarter a distance of 98 feet to an interaection with a line (hereinafter
described as Line A) drawn at right angles to the following described line;
Commencing at the Southwest corner of the Northeast quarter
of the Northeast quarter of Section 1$, Township 118, .Mange 21;
thence North along the West line of said Northeast quarter of the
Northeast quarter of Section 18, Township 118, Range 21 to a
Point 305 feet South of the Northwest corner of said Northeast
quarter of the Northeast quarter of Section 18, 'Township 118,
Range 21 which ie a point of curvature and is the point of beginning;
thence Northeasterly along a circular curve having a deflection to
the right of 16o 581 and a radius of 525 feet, a distance of 149, 79
feet to a point of tangency; thence Northeasterly along a tangent
having a length of 176.64 feet to a point of curvature; thence North-
eaaterly._along a circular curve having a deflection angle to the right
of 74o00' and a .radius of 100 feet to a point of tangency lying on the
Nortli line of said Northeast quarter of the Northeast quarter of
•Section. 18; Township 118, Range 21 a distance of 171. 15 feet last,
of the _Northwest corner of said Northeast quarter of the Northeast
quarter of Section 18, Township 118, Range 21 and there terminating; -
thence 800' fheasterly along said. Line A to the East line of the. said Northwest
quarter of the -Northeast quarter; ifience North along the said East ltne'of the
Nor,thwv A,:quarter of the Northeas•t•quartgr to the Northeast corner • thereof; _
thence'West ;along the said North line of the Northwest quarter of the North-
east quarter a distance Of- 160 feet to the Point of beginning.
Nenhcp;r, Cris f•'+vttroa
Pool ftainteriince
Cemetery Parking
Cemetery
4
NEW HOPE CEMETERY DRIVEWAY & PARKING
2
t FIGURE
Jill CITY OF NEW HOPE 4 Stantec
NEW HOPE POOL REPLACEMENT D z
40
-1
DATE. 8/7/2018 PROD.NO.: 193BM7
0
,r
_ owa
Xylon Ave IN
CEMETERY ACCESS DRIVEWAY AND PARKING
CITY OF NEW HOPE Stantec
0 M 90 Z1y�Yw
NEW HOPE POOL REPLACEMENT DATE: 8/14/2018 PROJ. NO.:193804337
Not,w #' i
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New Hope Outdoor Pool
Schematic Design Cost Estimate - Revised Layout with Smaller Current Channel C$, Stantec
and Shallow Water Pool
50 Meter 8-Lane Competition Pool with 1 M, 3M; Multiuse Shallow
Water Pool with Current Channel, Tot, Young Children's Play, and Multi -use Area;
Plunge Pool with Water Slides
10/10/2018 by JRM
2019 Bid
Item Description
Uni s
Quan
Unit Price
cost
Tofals
A. Aquatic Facilities
1 Multipurpose Shallow Water Pool
sq. ft.
6,644
$200
$1,328,800
2 Current Channel
sq. ft.
2,250
$200
$450,000
3 5' x 8' Pool Stair w/ Rails
each
2
$30,000
$60,000
4 Shallow Pool and Seating Area Soil Correction
lump sum
1
$250,000
$250,000
5 50 Meter 8-Lane Competition/Multipurpose Pool
sq. ft.
10,800
$200
$2,160,000
6 Helical Piers with Structural Pool Floor & Structural Deck with soil correction
Lump Sum
1
$510,560
$510,560
7 8' x 8' Pool Stair w/ Rails
each
1
30,000
$30,000
8 ADA Pool Handicap Ramp w/ Rails (260 sq, ft.)
each
1
$80,000
$80,000
9 3M Diving Board
lump sum
1
$37,200
$37,200
10 1M Diving Board
lump sum
1
$21,300
$21,300
11 Shallow Water Play Features
lump sum
1
$53,000
$53,000
12 Shallow Water Play Structure
lumpsum
1
$138,000
$138,000
13 Combo Body Slide High and Fast Slide
lump sum
I
$425,000
$425,000
$5,543,860
B. Site Development
1 Pool decks, deck drains, piping and walks, etc.
sq.ft.
28,937
$11
$318,307
2 8' Perimeter Fencing (vinyl coated)
lin. ft.
1,100
$50
$55,000
3 Rope Barriers
lin. ft,
Boo
$40
$32,000
4 Shade Umbrellas
each
5
$15,000
$75,000
5 Sod w/ Topsoil
S.Y.
2,500
$8
$20,000
6 Ground Landscape
sq. ft.
6,960
$25
$174,000
7 Tree
each
18
$550
$9,900
8 Sound System
lump sum
1
$25,000
$25,000
9 Irrigation System
sqA
25,000
$1.80
$45,000
10 Deck Hose Bibb System
lump sum
1
$18,000
$18,000
11 General Excavation (general cut and fill on -site)
lump sum
1
$60,000
$60,000
12 General Grading
lump sum
1
$50,000
$50,000
13 Drain Tile and Pump Pit
lump sum
1
$77,000
$77,000
14 Silt Fence
lin. ft.
2,000
$5
$10,000
$969,207
C. Building
1 Bathhouse/Staff/Concession Building (40' x 150')
sq. ft.
5,400
$400
$2,160,000
2 Helical Piers with Structural Slab Floor and soil correction
Lump Sum
1
$322,000
$322,000
3 Pool Mechanical Building (30' x 50')
sq. ft.
1,400
$340
$476,000
4 Surge Tank ( 30' x 18' x 10 ft. deep buried below ground)
lump sum
1
$50,000
$50,000
$3,008,000
D. Support
1 Sanitary Sewer, Storm Sewer and Water Services
lump sum
1
$40,000
$40,000
2 Cemetery and Pool Mechanical Access, and Parking Improvements
lump sum
1
$105,749
$105,749
3 Pool Retaining Wall and Landscaping adjacent to Cemetery
lump sum
1
$62,851
$62,851
$208,600
Subtotal
$9,729,667
10% Contingency
$972,967
Estimated Construction Cost
$10,702,634
Soft Costs (Soil Borings and Construction Testing, Design and Bidding Fees,
Construction Administration, Special Inspections, Permits) (13%)
$1,391,342
Owner's Direct Purchase Items (Allowance)*
$150,000
Total 2019 Project Cost
$12,243,976
Note*: Shade Structures, Deck Chaise Lounges, Deck Chairs, Swim Lane Float Lines, Safety Float Lines, Line
Storage Reels, ADA Lift, Portable Lifeguard Chairs, Pool
Safety Slgnage, Security System
E. Potential Alternate Bids
Item Description
1'PSI
1 Vortex Pool
172,000
2 Drop Slide
111,000
3 Climbing Wall
21000
4 Water Walk
60,000
5 Basketball Accessories
11,000
6 Competition Pool Water Play Features (Wibit)
21,000
7 (3) Additional Shade Umbrellas
50,000
8 (2) Fabric Picnic/Rental Shelters (10'x20')
44,000
Total 2019 Alternate Cost
490,000
PRELIMINARY COST ESTIMATE
CEMETERY PARKING LOT
September 5, 2018
Summary
CONSTRUCTION COST
$101,112.00
CONTINGENCIES (10%)
$10,111.20
INDIRECT (20%)
$20,222.40
TOTAL COST
$131,445.60
CEMETERY PARKING LOT IMPROVEMENTS
PROJECT
TOTAL
ITEM NO.
ITEM DISCRIPTION
UNIT
QNTY
UNIT PRICE
1
MOBILIZATION (5%)
LS
1
$ 4,800.00
$ 4,800.00
2
TRAFFIC CONTROL
LS
1
$ 1,000.00
$ 1,000.00
3
REMOVE CONCRETE CURB & GUTTER
LF
470
$ 3.50
$ 1,645.00
4
REMOVE TREE
EA
5
$ 200.00
$ 1,000.00
5
REMOVE BITUMINOUS PAVEMENT
SY
1,500
$ 2.00
$ 3,000.00
6
REMOVE RETAINING WALL
LF
115
$ 20.00
$ 2,300.00
7
REMOVE CHAIN LINK FENCE
LF
75
$ 10.00
$ 750.00
8
REMOVE SIGN
EA
1
$ 50.00
$ 50.00
9
COMMON EXCAVATION
CY
820
$ 4.00
$ 3,280.00
10
SELECT GRANULAR BORROW
TN
540
$ 10.00
$ 5,400.00
11
AGGREGATE BASE, CLASS 5
TN
370
$ 15.00
$ 5,550.00
12
GEOTEXTILE FABRIC TYPE V
SY
800
$ 2.50
$ 2,000.00
13
SP 9.5 WEAR COURSE
TN
160
$ 80.00
$ 12,800.00
14
BITUMINOUS MATERIAL FOR TACK COAT
GAL
35
$ 3.00
$ 105.00
15
13618 CONCRETE CURB & GUTTER
LF
554
$ 13.00
$ 7,202.00
16
12" RCP STORM SEWER
LF
122
$ 35.00
$ 4,270.00
17
2'x3' CATCH BASIN
EA
1
$ 1,500.00
$ 1,500.00
18
N DIA. STORM SEWER CBMH
EA
3
$ 2,000.00
$ 6,000.00
19
CONNECT TO EX STORM SEWER STRUCTURE
EA
1
$ 1,000.00
$ 1,000.00
20
4" PARKING LOT STRIPING
LF
30
$ 1.00
$ 30.00
21
RETAINING WALL
SF
430
$ 45.00
$ 19,350.00
22
CHAIN LINK FENCE AND GATE
EA
1
$ 5,000.00
$ 5,000.00
23
INLET PROTECTION
EA
1
$ 300.00
$ 300.00
24
IROCK CONSTRUCTION ENTRANCE
EA
1
$ 1,500.00
$ 1,500.00
25
BIOROLL
LF
80
$ 4.00
$ 320.00
26
SILT FENCE
LF
600
$ 2.00
$ 1,200.00
27
TOPSOIL BORROW
CY
60
$ 25.00
$ 1,500.00
28
SOD
SY
540
$ 6.50
$ 3,510.00
29
IWOOD MULCH
CY
30
$ 25.00
$ 750.00
30
ITREE
EA
8
$ 500.00
$ 4,000.00
TOTAL ESTIMATED CONSTRUCTION COST
$ 101,112.00
10% DESIGN CONTINGENCY
$ 10,1 11.20
20% INDIRECT COST
$ 20,222.40
TOTAL ESTIMATED PROJECT COST
$ 131,445,60
Valerie Leone
From: Stacy A. Woods <saw@jspwlaw.com>
Sent: Friday, April 19, 2019 3:19 PM
To: Valerie Leone
Subject: RE: Catholic Cemeteries; your file 99.-11426
Hi Val,
We aren't going to record the Purchase Agreement. We'll document the easement rights in an Easement Agreement
which I'm drafting, which will be recorded.
I have a copy of the signed Purchase Agreement, but it's not an original signature of Catholic Cemeteries. This is okay
since we're not recording it.
Thanks,
Stacy Woods
Stacy A. Woods*
.JENSEN SONDRALL PERSELLIN & WOODS. P.A.
8525 Edinbrook Crossing, Ste. 201
Brooklyn Park, MN 55443-1968
Phone (76 3) 424-881 1
Fax (763) 493-5193
Direct (763) 201-0265
Cell (612) 501-0494
Saw@is iaw.coin
*MSBA Board Certified Real Property Law Specialist
JENSINSONDRALL
■ ■ P.A., ATTORNEYS AT LAW
APlease consider the environment before printing this e-mail.
WARNING: Actual receipt of E-Mail communications should not be assumed. E-Mail communications maybe intercepted or
inadvertently misdirected. The American Bar Association deems E-Mail a valid authorized form of communication between lawyer
and client, however security of this E-Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise,
this E-Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client.
If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination,
distribution or copy of this communication is prohibited. If you received this communication in error, please immediately notify
sender via E-Mail reply.
From: Valerie Leone <vleone@newhopemn.gov>
Sent: Friday, April 19, 2019 11:57 AM
To: Stacy A. Woods <saw@jspwlaw.com>
Subject: Catholic Cemeteries; your file 99.-11426
Valerie Leone
From: Stacy A. Woods <saw@jspwlaw.com>
Sent: Friday, June 21, 2019 3:35 PM
To: Valerie Leone; Jeff Sargent; Jeff Alger; Bernie Weber; Susan Rader; Boyum, Dan
Cc: Steven Sondrall
Subject: The Catholic Cemeteries - City of New Hope - Recorded deed and easements -
Assumption Cemetery
Attachments: Recorded quit claim deed for parcel 18-118-21-12-0001.pdf; Recorded Driveway
Easement.pdf; Recorded Parking Easement.pdf
Good afternoon, y
Attached is the recorded Quit Claim Deed for the parcel where the pool mechanical building will be loca ed. Also
attached are the driveway and parking easements relating to the City property near Assumption Cemete
Thanks,
Stacy Woods
Stacy A. Woods*
JENSEN SONDRALL PERSELLIN & WOODS, P.A.
8525 Edinbrook Crossing, Ste. 201
Brooklyn Park, MN 55443-1968
Phone (763) 424-8811
Fax (763) 493-5193
Direct (763) 201-0265
Cell (612) 501-0494
saw@jspwiaw.com
*MSBA Board Certified Real Property Law Specialist
JENSENSDNDRALL
PERSELLIN&WOODS
P.A., ATTORNEYS AT 1AW
APlease consider the environment before printing this e-mail.
WARNING: Actual receipt of E-Mail communications should not be assumed. E-Mail communications may be intercepted or
inadvertently misdirected. The American Bar Association deems E-Mail a valid authorized form of communication between lawyer
and client, however security of this E-Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise,
this E-Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client.
If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination,
distribution or copy of this communication is prohibited. if you received this communication in error, please immediately notify
sender via E-Mail reply.
From: Stacy A. Woods
Sent: Friday, June 21, 2019 3:32 PM
To: 'Joan Gecik' <jgecik@catholic-cemeteries.org>
Subject: The Catholic Cemeteries - City of New Hope - Recorded deed and easements - Assumption Cemetery
Hello Joan,
Attached for your files are copies of the following recorded documents:
1. Quit Claim Deed;
2. Driveway Construction and Easement Agreement; and
3. Parking Easement Agreement.
Thank you and have a nice weekend.
Stacy Woods
Stacy A. Woods*
JENSEN SONDRALL PERSELLIN & WOODS, P.A.
8525 Edinbrook Crossing, Ste. 201
Brooklyn Park, MN 55443-1968
Phone (763) 424-8811
Fax (763)493-5193
Direct (763) 201-0265
Cell (612) 501-0494
saw ast}wlaw.com
*MSBA Board Certified Real Property Law Specialist
ENSEI SONDRALL
PERSELLIN&WOODS
P.A., ATTORNEYS AT LAW
APlease consider the environment before printing this e-mail.
WARNING: Actual receipt of E-Mail communications should not be assumed. E-Mail communications may be intercepted or
inadvertently misdirected. The American Bar Association deems E-Mail a valid authorized form of communication between lawyer
and client, however security of this E-Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise,
this E-Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client.
If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination,
distribution or copy of this communication is prohibited. if you received this communication in error, please immediately notify
sender via E-Mail reply.
L 4
C.V. filed C.V, not req._X
No delinquent taxes
Transfer Entered
Doc No Al0670111
Jun 21, 2019 11:12 AM
Certified, filed and/or recorded on
Jun 21, 2019 11:12AM
Hennepin County, Minnesota
Mark Chapin
Office of the County Recorder
County Auditor and Treasurer
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 120 Pkg ID 1835717C
PID(s)
18-118-21-12-0001
Conservation Fee $5.00
Document Recording Fee $46.00
Environmental Response Fund (SDT .0001) $0.05
State Deed Tax (0033 rate) $1.65
Document Total
This cover sheet is now a permanent part of the recorded document.
$52.70
01
t r,
1
QUIT CLAIM DEED
Business Entity to Business Entity
eCRV number:
DEED TAX DUE: $1.70
Date: June 10, 2019
FOR. VALUABLE CONSIDERATION, The Catholic Cemeteries, a Minnesota religious
diocesan corporation, hereby conveys and quitclaims to The City of New Hope, a Minnesota
municipal corporation, Grantee, real property in Hennepin County, Minnesota, described as
follows:
See attached Exhibit A
Check here if all or part of the described real property is Registered (Torrens) ❑
together with all hereditaments and appurtenances belonging thereto.
The consideration for this transfer of real property is less than $500.00.
Grantor certifies that the Grantor does not know of any wells on the described real property.
The Catholic Cemeteries ,- _
By: d'�
J � Gecik
Its: Executive Director
STATE OF MINNESOTA )ss.
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this 101h day of June, 2019, by Joan
Gecik, the Executive Director of The Catholic Cemeteries, a Minnesota religious diocesan
corporation, Grantor, on behalf of said corporation.
(Notarial Stamp or Seal)
STACY A. WOODS
Notary Public -Minnesota
INy commission Expjr Jan 31, 2020
THIS INSTRUMENT DRAFTED BY:
Jensen Sondrall Persellin & Woods, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424-8811
41 0Notary Public
Tax Statements for the real property described
in this instrument should be sent to:
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Exhibit A
Legal Description
See attached.
PAAttorneylSAS\1 Client Pilesl2 City of New HopeU9-11426 Catholic Cemeteries Property near City Hell\Quit Claim Aeed.do"
(That part'df ilia Northwest quarter of the Northeast quarter (NW174 of'NE1/4) of .
Section•.18, Township 116, Pangn 81 described as follows:
Commanoing,at a point on the north line a distanos of 100 -feet west of the
Inortheast corner of said Northwest quarter of the Northeast quarter; thonae
south at right angles to,said north line of the Northwest quarter of the'.'i�orth-
i mast quarter a distance of Qn feet to an intersection with a line (hereinafter
described as Line A) drawn at right angles to the following described line;
Commencing at the Southwest corner of the Northeast quarter
of the Northeast quarter of Section 16, Township 118, Range 21;
I thence North along the 'j+Crest line of said Northeast quarter of the
1 Northeast quarter of Section 18, Township 118, Range 21 to a
' point 386 feet South of the Northwest corner of said Northeast
quarter of the Northeast quarter of Section 18, Township 118,
Range 21 which is a point of curvature and ice the point of beginning;
thence Northeasterly along a circular curve having it deflection to "
the right of I6o tgr and a radius of 626 feet, a distance of 140. 78
feet to a point of tangency; thence Northeasterly along a tangent
having a length of 176, 64 feet to a point of curvature; thence North-
easlarly, 49ng a circular curve having a defioctian angle to the xight
oi• 740110' and a .radius of 100 feat to a point of tangency lying on the
North'line of said Northeast quarter of the Northeast quarter of
Section 18; Township 116, Ranga 21 a dletunoQ of 171, 16 feet Nast'
bf the,Noxthwest corner of said Northeast quarter of the Northeast
quarter of Section 18, Township 118., Range 21 and there terminating; -
thence Southeksterly along said_ Line A to the East line of the. said Northwest
quartet of the -Northeast quarter; .thence North along the said East iine'of the
N,ar,thwekk:quarter of the INortheas•t•quarter. to the Northeast eornn�•tharecf; .
thende'Went ,along the said ft'r � �31ne of the Northwest quarter, of the North-
east quarter a distae�ae of• 160 ,feet to the point of beginning.
Hent%C. M•,rMesofdt
4r