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37c.A Response Action Plan (“RAP”) was prepared and implemented. Remediation included 38removal of contaminated soils to off-site disposal locations and treatment of contaminated 39snow melt and surface water run-off from stored stockpiles of contaminated soils. 40 41d.Prior to and following completion of the remediation, groundwater monitoring has been 42conducted on the property. Results of the most recent groundwater monitoring identified 43Trichloroethene (“TCE”) and Tetrachloroethylene (“PCE”) concentrations above the 44Minnesota Department of Health limits in three of the monitoring wells, with downward 45trending concentrations. 46 47e.The MPCA recently approved an Affidavit Concerning Real Property Contaminated with 48Hazardous Substances for the property. The Affidavit indicated that groundwater monitoring 49is to continue to confirm that the environmental contaminants in the groundwater are stable 50or diminishing. 51 52It has been determined that for a period of time there will be an estimated annual cost of $6,050for 53continued well monitoring and reporting to the MPCA. A portion of the Renewal Program budget 54would be used to continue any annual monitoring and reporting to the extent necessary to improve the 55grounds to a recreationally usable state.There will also be a cost to abandon the monitoring wellswhen 56monitoring is no longer requiredas well as costs to obtain a No Further Action Determination. 57 58An examination of the Certificate of Title for the property disclosed several title issues including a 59reservation of a perpetual right-of-way over the property for ingress and egress. The purpose of the 60right-of-way and the parties to which the rights accrue are uncertain and ambiguous. Since the property 61is “Registered or Torrens Property”, a Proceedings Subsequent is necessary to remedy these title issues. 62The Seller has commenced the Proceedings Subsequent to remedy the title issues that have been raised. 63 64At this point, we are working toward closingand wanted to provide the City Council with an update on 65thestatus. City Attorney Charles Bartholdi, Environmental Specialist Eric Hesse and staff will be at 66your meeting to provide you with an update. 67 68POLICY 69It is the policy of City to protect, improve and expand community natural amenities and environmental 70quality, to preserve significant natural resources including lakes, ponds, wetlands, open spaces, wooded 71areas and wildlife habitat as integral aspects ofthe parks and recreation system. 72 73FINANCIAL IMPLICATIONS 74The costs associated with this parcel, including acquisitionand monitoring,areproposed to be taken from 75the$900,000 budgeted amountidentified in the Parks and Recreational Renewal Program Fund. 76 77STAFF RECOMMENDATION 78Staff recommends proceedingwith the satisfaction of the Purchase Agreement contingencies and to 79closing. 80 81REQUEST FOR COUNCIL ACTION 82Approval of a motion authorizing the:a)City Manager totake the actions necessary, and b) Mayor and 83City Manager to sign the documents needed to close on the Purchase Agreement. 84 85Prepared by: Lonnie Brokke, Director of Parks and Recreation 86Attachments: A. Parcel Location Map 87B. Aerial Location Map 88C. Purchase Agreement 89D. Affidavit Concerning Real Property Contaminated with Hazardous Substances Page 2of 2