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Request by the Engineering Services Division for an approval of a Quit Claim Deed, for City acceptance of constructed Park Amenities and adjacent land for park purposes, and to enter into an Easement Agreement with Vista Village Apartments at 7474 Harwood Avenue
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Submitted by:
Jennifer Stilling, Senior Civil Engineer
Mike Steiner, Assistant City Engineer
Department
Public Works (Engineering Services Division)
A. Issue
Request by the Engineering Services Division for an approval of a Quit Claim Deed, for City acceptance of constructed Park Amenities and adjacent land for park purposes, and to enter into an Easement Agreement with Village Vista Apartments at 7474 Harwood Avenue.
B. Background/Options
As a condition of site plan approval for the multifamily development at 7474 Harwood Avenue, a letter of agreement that outlined commitments regarding an expanded public park space was signed by the developer of 7474 Harwood Avenue in June 2025. The signed letter agreement is attached. There are three documents necessary to dedicate an expanded public park space improvements, to transfer the park land to the City, and to transfer a small portion of land to the private development as committed to in the letter of agreement. The documents are as follows:
• Quit claim deed
• Dedication Deed and Acceptance of Park Amenities
• Easement Agreement
Each of these documents are attached.
In general, the quit claim deed transfers a portion of the City’s existing park property that is adjacent to the multifamily building and behind existing retaining walls to the owner at 7474 Harwood Avenue. The Dedication Deed and Acceptance of Park Amenities quit claims the expanded public park land and dedicates the improvements within the expanded park to the City.
The Easement Agreement grants the following:
• A private encroachment easement for the pergola that is attached to the building at 7474 Harwood Avenue.
• A private utility easement for a sanitary sewer lateral that serves the building at 7474 Harwood Avenue.
• A private easement for irrigation that is located behind retaining walls that are connected to the building at 7474 Harwood Avenue.
• A public lighting easement for lighting that will be part of the expanded park’s lighting and connected to the City’s street light electrical system but located on private property.
The Easement Agreement also assigns ownership, maintenance and repair of the retaining walls that are within the expanded park property but connected to the building at 7474 Harwood Avenue to the owner of the 7474 Harwood Avenue development. If the building at 7474 Harwood Avenue is permanently removed, the Easement Agreement will terminate.
Work within the public park is currently nearing completion. Legal descriptions and exhibits will be finalized upon construction completion. Signatures and document recording will wait until exhibits and legal descriptions are completed, but prior to final building occupancy issuance.
The Assistant City Attorney has reviewed the documents and has no objections to the language within the documents.
C. Strategic Plan (Area of Focus)
Priority Area One: Economic Development and Financial Resilience
D. Fiscal Impact
Upon dedication of the improvements within the expanded park property, the City’s Public Works Department will be responsible for maintenance and repair, except for the improvements that will be maintained by the private property owner of 7474 Harwood Avenue as outlined in the Easement Agreement.
E. Recommendation
Staff recommends approval of the Quit Claim Deed and acceptance of the constructed Park Amenities, adjacent land for park purposes, and Easement Agreement at 7474 Harwood Avenue subject to City Staff review and approval of legal descriptions and exhibits prior to recording of final documents.
recommendation
Recommendation: Common Council