Resolution No. 2024-58, Authorizing the Granting of Easements to Anoka Cty for the RCWRT and Authorizing the Execution of Declarations for Locke Park and the RCWRT
Resolution No. 2024-58
Resolution Authorizing the Granting of Easements to Anoka County for the Rice Creek
West Regional Trail and also Authorizing the Execution of Declarations Related to State
Bond Financing with Respect to Locke Park and the Rice Creek West Regional Trail
Whereas, the City of Fridley (the “City”) and Anoka County (the “County”) had previously
entered into a Joint Powers Agreement dated July 17, 1980, for the operation and maintenance
of the Rice Creek West Regional Trail and Locke Park; and
Whereas, the City terminated the Joint Powers Agreement, effective November 14, 2023; and
Whereas, during the term of the Joint Powers Agreement, the County entered into grant
agreements with the Metropolitan Council in order to receive state grant funds from Minnesota
Management and Budget (“MMB”) for the Rice Creek West Regional Trail and certain
improvements within Locke Park; and
Whereas, the grant agreements required that either a joint powers agreement with the City be
in place or that the County maintain a property interest in the Rice Creek West Regional Trail
and Locke Park; and
Whereas, the City has agreed to provide the County with easements over the Rice Creek West
Regional Trail in order to satisfy the property interest requirement of the grant agreements,
provided that the County allow the City to perform emergency maintenance on the trail and
snow removal as deemed necessary by the City and the County agrees to install ADA
improvements to the trail by 2029; and
Whereas, because the Rice Creek West Regional Trail is state bond-financed property, a
declaration must be recorded against the properties containing the trail; and
Whereas, MMB has agreed that provided that the City execute and record a declaration for the
Locke Park property that says that improvements to the property have been financed by state
grant funds, the City will not be able to sell the property without MMB’s consent, and the City
will be subjecting the property to the grant agreements, the MMB will be satisfied with the
County not having a property interest in the Locke Park property; and
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the
following:
1. The Warranty Deed from the City to the County granting the County easements for the
Rice Creek West Regional Trail is hereby approved. The Mayor and the City Manager are
authorized to execute said Warranty Deed and provide it to the County for recording.
This approval is conditioned upon the City and the County working out a maintenance
plan that will allow the City to remove snow from the trail as deemed necessary by the
Resolution No. 2024-58 Page 2
City. This approval is also conditioned upon the County constructing ADA improvements
to the Rice Creek Regional Trail. Should the said improvements not be constructed by
2029, the City may construct the improvements and bill the County for the costs.
2. The Declarations for the Locke Park and the Rice Creek Regional Trail properties are
hereby approved. The Mayor and the City Manager are authorized to execute said
Declarations and provide them to the County for recording.
Passed and adopted by the City Council of the City of Fridley this 22nd day of April, 2024.
_______________________________________
Scott J. Lund – Mayor
Attest:
Melissa Moore – City Clerk