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Shakopee City Council
May 4, 2021
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Mayor and Council Members |
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| | | | | | | | Subject:
Acceptance of Termination of the 1999 Agreement and Termination of the 1992 Easement Agreement for Property at 738 1st Ave. East | | |
| | | | | | | | Policy/Action Requested:
Approve Resolution No. R2021-071, approving the Termination of the 1999 Agreement and Termination of the 1992 Easement Agreement which authorizes the Mayor and City Administrator to execute the agreements. | | |
| | | | | | | | Recommendation:
Approve the requested action. | | |
| | | | | | | | Discussion:
Minnesota Corn Growers Association is requesting that the City Council approve the Termination of the 1999 Agreement and Termination of the 1992 Easement Agreement concerning their property at 738 1st Avenue East.
Scott-Carver-Dakota Cap Agency is proposing acquisition of the Minnesota Corn Growers Association building at First Avenue and Minnesota Street. The property is subject to two agreements (copies attached) between the City and Norwest Bank. One of them is a 1992 temporary access easement that Norwest Bank granted to the city across a portion of the property. The other one is a 1999 agreement allowing Norwest Bank to use a portion of the alley that is adjacent to the property.
The 1992 temporary access easement expired when Norwest Bank’s lease of the property expired. The 1999 agreement is no longer needed because the property has now been re-platted. Both documents, however, are still recorded against the property. Minnesota Corn Growers is requesting that the City terminate both agreements. Attached to this report are the termination agreements that have been prepared by the attorney for Minnesota Corn Growers which are to be signed by the Mayor and City Administrator.
The property is also subject to a 2007 agreement (copy attached) that allows City snow plows and other vehicles to access the property. The CAP Agency is not asking the City to terminate that agreement. They, however, are asking the City to sign a letter (copy attached to this report) stating that Minnesota Corn Growers has not breached or defaulted on the agreement. The City has reviewed these documents and have no issues with any of them.
The 1992 easement only granted a temporary easement and, under the terms of that easement, it has expired. That being the case, no vacation hearing is needed. The buyer (CAP Agency) of the property nevertheless is asking for a document to be recorded to memorialize the termination.
The 1999 agreement has also expired because Norwest Bank’s lease has expired, so no vacation hearing is needed. Again, though the CAP Agency is asking for a document to be recorded memorializing the termination.
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