12-11-2000 Council Packet - Laserfiche WebLink

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FROM . i.■ 1 <■ (FRI) 6. 25'$9 15:4c/ST. 15:45/KO. 3700000072 ? 6 4.'I'he poition ol'lhc Trail o:i the north side of (bounty Highway No. 6 from the point north of the rrail ending from Spring Hill Road west to the intersection of Count) Highway <3 and Tamarack Drive has been constructed mostly within the right of way casement for County Highway No. 6. If such easement is no longer available and at the request of the City, .Spring Hill vvill move, at its expense, the portion of the Trail described in the preceding sentence within the casement area described on Exliibit A provided, however, that the City will obtain all pcnnit.s required for such portion of the Trail and further provided that, when .such construction occurs, the Trail head from Spring Hill Road may be moved west to coordinate with the intersection of.Spring Hill Road and County Highway No. 6. 5.In the event Spring Hill fails to fulfill the undertakings set forth In Sections 3 and 4 above, the Cily may assess the Spring Hill Property for all the costs and expenses of performing such work. Spring Hill hereby agrees that it will not object to a.s.sessments hy the City for the w'ork as permitted by this Agreement. Spring Hill acknowledges and agrees that the provisions of Chapter 429, Minnesota Statues, grant to the City the right to a.s.scss the Spring Hill Property for purposes of this Agreement. 6.In addition lo the construction already completed and undertaken above, and the other donstruction provided for licrcin and in the punch H.si letter. Spring Hill W'ill contribute up to S20.000 towards trail construction in ihe vicinity of the golf course. 7.Fencing of the golf course .shall be of a low opaqueness, such as split rail or similar rural-character fencing, and shall be used where needed to indicate a demarcation between the trail and the golf course and where needed for salcly or separation reasons, in which case a rustic, opaque fence may be used; except that security fencing shall be allowed for the maintenance lacility if applicant deems necessary, but only if said fencing is screened from off-.site view. Spring Hill shall place no fencing (except as noted above) which will have the impact of inliihlting wildlife movement acro.ss the golf course, unless City approval i.s granted for such fencing. 8.Except as otherw ise expressly provided herein from and after the date of this agreement, the City will have the sole responsibility for maintenance and repair of the Trail. 9.'fhe Trail easement granted pursuant to this document will not be used for bicycles or snowmobiles. 10.The restrictions on the use of the Trail as set forth in this Agreement shall restrict only the portion of the Trail on the Spring Hill Property granted herein and will not restrict the City ’s trail system on other properties or right-of-way including, without limitation, the rl^ts-of-way adjoining Spring Hill. 11.The duration of the casement created herein shall be perpetual. .0. I 4 ^..i%'l M ^t