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Home My WebLink About2015 Minor Subdivsion Approval & Agreement - Lot 2, Block 1 Oak Park Station Approval and Agreement for Minor Subdivision Minnwest Bank The City has been petitioned by the property owner of Lot 2,Block 1,Oak Park Station being Minnwest Bank consisting of 12.605 acres to perform a Minor Subdivision splitting the property into two smaller parcels of: Parcel A: 5.5 acres and Parcel B:7.105 acres. (See Map below) Pursuant to City Ordinance 402.01 G. the City may permit a minor parcel subdivision via an .�,�....... _. •, administrative process. Based on review of the proposal and the comparison with such ordinance the City does not object to the proposed minor subdivision creating a single lot split,subject to four ° - — -- conditions: }p/ PARCEL 1 Y �w 410.Pea• o..,..�... 1. Payment of the connection fees for Parcel A ,''d� �� in the amount of$94,231.50. (As of 12/22/15 -the / City has received a check for the amount required of $94,231.50) ., -- 2. Minnwest Bank agrees—by execution of this i _..�_. '"`"� document—to the following: i) the recording of the easements conveyed to the City—attached hereto PARCEL A / as Exhibit A-prior to this minor subdivision and/or `',•„,, any other real estate or land transactions occurring w4 � � upon the 12.605 acres; ii) Minnwest Bank guarantees to the City that it shall appropriately ,'',c,,:, / �' ,aR”-� fx convey the easements so depicted in the Exhibit A to & Imo.the City in an unencumbered condition taking e precedence over any and all other previous r, / :f ., r�t. development and/or future ownership; iii) Minnwest _, Bank shall further correct at it sole expense any and —27:?...— _ ^�- �,,,,,� Oak Put sago®n ^o®4 all defects that might be discovered with the ( � 101 `(� .-r »» proposed easements to be conveyed to the City and/or that interfere in anyway with the intended purpose of the easements so provided. 3. No other subdivision is approved. 4. The City does not waive any other term,condition,ordinance or requirements with the approval of this subdivision. Agreed to the Above: For Minnwest Bank: ` 1 _2ate7.�// Douglas Karsky, •resident t. PEGGY BRUELAT iii IA) "" Notary Public—Minnesota NOTARY .ig re fo Do 'las Karsky k._,„4„54,My%omn issiun Expires Jac.31,2020 Affix Stamp Here-* F• •�C'i Date '/5/1k ric Jo�on,Cit ministrator 0 .. JENNI r FER M.PINSKI .c�' nprnAy NOTA�2Y Signatur cr ErierJohnson " * M �Ta Eon Jen.31,2017 c Affix Stamp Here Exhibit A Easements to the City of Oak Park Heights From Minnwest Bank over and upon lands of Lot 2, Block 1,Oak Park Station. PERMANENT DRAINAGE AND UTILITY EASEMENT This Drainage and Utility Easement (this "Agreement") is made and entered into this Z ' day of December, 2015 by and between Minnwest Bank, a Minnesota banking corporation (the "Lot Owner") and the City of Oak Park Heights, a Minnesota municipal corporation(the"City"). RECITALS: A. The Lot Owner warrants to the City that Lot Owner owns currently holds marketable fee title to the land legally described as Lot 2, Block 1, OAK PARK STATION, City of Oak Park Heights, Washington County,Minnesota(the"Property"). B. The Lot Owner is completing an administrative lot split of the Property into two (2) separate parcels, Parcel A and Parcel B, as set forth and legally described in the attached Exhibit A and depicted therein (the "Lot Split") and, as a condition to a approving the Lot Split and the proposed development on Parcel A, the parties have determined that there needs to be a dedication of a permanent drainage and utility easement that will be located on Parcel A as set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing Recitals that are fully incorporated into this Agreement, and for other good and valuable consideration, the parties hereby agree as follows: 1, Grant of Permanent Easement. Lot Owner owns the Property in fee simple and hereby grant and dedicates unto the City a permanent easement over and across those portions of the Property as legally described in the attached Exhibit B-1, and depicted in the attached Exhibit B- 2 (the "Easement Areas"). The Easement Areas shall be for drainage and utility purposes. The grant of the foregoing Easement includes the right of the City, its contractors and agents,to enter upon the Property at reasonable times , to construct, reconstruct, inspect, repair, replace and maintain pipes, conduits, drainage systems and mains; and further the right to remove trees, brush, undergrowth and any other obstructions necessary thereto. After completion of such construction, maintenance, repair or removal, the City shall restore the Property to a level rough grade and establish turf absent landscaping elements, trees, shrubs and other surface improvements, if any. The property owner shall be responsible for , any further private improvements, landscaping or other elements. The City shall not be responsible to repair, maintain or replace any private elements placed within the City's easement. 2. Miscellaneous. a. if any provision of this Agreement is held invalid, the validity of the remainder of the Agreement shall not be affected thereby. b. No provision contained in this Agreement shall be deemed to have been abrogated or waived by any reason of any failure to enforce the same. c. The terms and conditions contained in this Agreement shall run with the • land and be binding upon the owners of the Property or any lot located within the boundaries of the Property,their heirs, successors and assigns. d. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. e. The headings of sections of this Agreement are for convenience of reference only and do not form a part hereof and in no way interpret or construe such paragraphs. 3. Counterpart. This Agreement may be executed in several counterparts, each of which shall be deemed an original. The signatures to this Agreement may be executed and notarized on separate pages, and when attached to this Agreement shall constitute one complete document. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [Signature Page to Drainage and Utility Easement] IN WITNESS WHEREOF, the undersigned have placed their hands the date and year first above written. LOT OWNER: MINNWEST BANK,a Minnesota banking corporation By: . 47� ,, ,,--‘2 Name: ,Q,,,;,,,,las ' Jia✓}/{� Title: i 2/ (i'/(5— STATE OF MINNESOTA ) )ss COUNTY OF e WcLcS ) This instrument was acknowledged before me on b,,,Q g , 2015, by 1>cuts*iS ep4SI0S , the l t j i c clt of Minnwest Bank, a Minnedota banking corporation, for an on behalf of the corporation, the party described in this Agreement as the Lot Owner. KELLI ANN SORENSON Notary Public—Minnesota Notary Public My Commission Expires Jan.31,2017 [Signature Page to Partial Vacation of Drainage and Utility Easement and Relocation of Easement] IN WITNESS WHEREOF,the undersigned have placed their hands the date and year first above written. THE CITY: CITY OF OAK PARK HEIGHTS i; - By:, ,!tcj � ` Name ( tI/ / ( . 27/,fir Witness Title: Mayor And by: Na . f' L� By: iN/�S411j Witness Title: Ctl" /}t11?W/Ada— STATE OF MINNESOTA ) )ss COUNTY OF ; '; yj}zy1) The foregoing instrument was acknowledged before this 2I+'day of J(C, 2015, by UC'rj OitttL' (and ( 1,1( iClUI' C,il ,the t, r and (, 1,4-' �t 111/1 I S h<<-i r`f respectively of the City of Oak Park Heights,a Minnesota municipal'corporation,on behalf of the municipal corporation. (1 l ,1 Notary Publfc THIS INSTRUMENT WAS PREPARED BY: JENNIFER M.PINSKI GERSTEIN-TIMM PLLC(BGT) • �► , �''.':w NOTARY Mir-tYpNMESOTA "-- *Commission Elpt.sJn31.2047 100 Prairie Center Drive,Suite 210 Eden Prairie,MN 55344 EXHIBIT A LEGAL DESCRIPTION OF ADMINISTRATIVE LOT SPLIT-AND DEPICTION ATTACHED PARCEL A: The Southwesterly 386.52 feet of Lot 2,Block 1,Oak Park Station,according to the recorded plat thereof, Washington County, Minnesota. Parcel B: Lot 2,Block 1,Oak Park Station,according to the recorded plat thereof,Washington County, Minnesota. EXCEPTING THEREFROM the Southwesterly 386.52 feet of said Lot 2. EXHIBIT B-1 LEGAL DESCRIPTION OF NEW LOCATION OF DRAINAGE A Drainage and UtilityEasement over, under and across the Northeasterly5.00 feet of the g s Southwesterly 386.52 feet of Lot 2, Block 1, OAK PARK STATION, according to the recorded plat thereof, Washington County, Minnesota and the Southeasterly 10.00 feet of the Southwesterly 386.52 feet of said Lot 2, Block 1, lying northeasterly of the northeasterly line of the existing drainage and utility easement as dedicated on said OAK PARK STATION. EXHIBIT B-2 DEPICTION OF DRAINAGE AND UTILITY EASEMENT AREAS-ATTACHED m ¢ M b O ts � u o �1g , Cl) S fast 1r ':,111:!,4 411 I gEtg N $g _� )T `�\� atllRuieD4e�,iry p4 Gi C) / �\ 1 rte,=: �c '�Qr�� ►' F '> .� I C) / / = 3 n r cf N. / / N Y \N N d. u¢ / q -45,-, y ` / /e \ N N N. 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