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Home My WebLink About2023-04-21 Document to CA for Recording - Encroachment Agreement & Understanding Julie Hultman From: Eric Johnson Sent: Friday, April 21, 2023 8:57 AM To: Kevin Sandstrom Cc: Julie Hultman; Shelley E. Van Dyke Subject: RE: OPH-- Tire Pros at 14447 60th Street N, OPH.—Agreement & Understanding. Attachments: TIRE PROS car wash - 2 foot encroachment agreement FINAL FULLY SIGNED.pdf Follow Up Flag: FollowUp Flag Status: Completed Kevin This version now has the CERTIFICATION with Legal and DRAFTED BY Give it a whirl.. Thanks Eric From: Kevin Sandstrom <KSandstrom@eckberglammers.com> Sent: Thursday, April 20, 2023 9:24 AM To: Eric Johnson <eajohnson@cityofoakparkheights.com> Cc:Julie Hultman <jhultman@cityofoakparkheights.com>; Shelley E. Van Dyke<Mvandyke@eckberglammers.com> Subject: OPH--Tire Pros at 14447 60th Street N, OPH.—Agreement & Understanding. Eric, Following up on my comment from the staff meeting yesterday, this is the document that we need a certification page in order to record, and what the recorders office had to say: "Need a certification cover letter stamped by City or all signatures must be notarized and need a drafted by, and the legal description is missing" So please put together the usual certification page, but note that the cert cover page needs to include relevant legal descriptions and a statement of"This instrument drafted by" in addition to some of the other usual cert page stuff. evirb . Sandstrom Attorney FIW ECKB ERG LAMMERS 1809 Northwestern Avenue Stillwater, MN 55082 i NOTICE OF CERTIFICATION STATE OF MINNESOTA ) COUNTY OF WASHINGTON ) ss. CITY OF OAK PARK HEIGHTS ) I,the undersigned being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document being; Agreement and Understanding (By and Between) Judd Andrews,Jay Andrews,JD Properties 1,LLC& ANDREWS BROTHERS,PROPERTIES LLC City of Oak Park Heights with the original thereof on file at the offices of the City of Oak Park Heights,and that the same is a full,true,and complete copy of said document within the files of the City of Oak Park Heights;and, The document is to be recorded against such property with parcel Washington County Geo.Code 04.029.20.21.0013 with a legal description as follows: All that part of the Northeast quarter(NE'/,of NW'/)of Section Four(4),Township Twenty-nine(29) North,of Ranger Twenty(20)West,described as follows:Beginning at the Northeast corner of the said Northeast quarter of the Northwest quarter(NE'A of NW'/)of Section Four(4),thence South along the east line thereof Three hundred(300)feet to a point;thence west on a line parallel to the north line thereof two hundred thirty(230)feet to a point;thence north on a line parallel to the east line thereof three hundred(300)feet to a point on the said north line of said tract;thence east along the north line thereof two hundred thirty(230)feet to the place of beginning,subject to existing highway easements, power line easement,and restrictions of record. Exception therefrom that part thereof described as follows,to-wit:Beginning at a point on the East line of said Northeast quarter of the Northwest Quarter(NE%of NW'/)where the Southerly line of existing Highway 212 intersects said East line;thence south on the East line thereof 125 feet;thence West and parallel to the North line thereof 125 feet;thence North and parallel to the east line thereof 125 feet; thence East on the Southerly line of existing highway 125 feet to the point of beginning. Also Excepting therefrom that part described as follows,to-wit:Commencing at a point on the East line of said NE'/.of NW 1/4 where the Southerly line of existing Highway 212 intersects said East line; thence South on the East line thereof 125 feet to the point of beginning of this description;thence South 75 feet on said East line;thence West and parallel to the North line thereof 150 feet;thence North and parallel to the East line thereof 200 feet;thence East and parallel to the South line • eof 25 feet;thence South and parallel to the West line thereof 125 feet;thence East to the point of• ing of this description. WITNESS my hand and the seal of the City of Oak '. k "ei + is 20th day of April,2023. Eric J.:son Citif inistrator • This instrument drafted by: Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Blvd Oak Park heights,MN 55082 AGREEMENT&UNDERSTANING The Applicants(being known as Judd Andrews;Jay Andrews Jr.,JD Properties 1,LLC and Andrews Brothers Properties,LLC)have requested a late-change In a Project being the widening of the STOARGE AREA element of their a Car Wash building to be located along 601'Street N.located in the City of Oak Park Heights(the City)and directly east of 14447 60th Street N. This Car Wash was permitted via the issuance of a COiNDITIONAL USE PERMIT and related documentation by the City Council as outlined in City Council Resolution 22-08-27. With the widening of that element of the building,it results in an encroachment of two(2)feet into the required ten(10)foot side yard setback resulting proposed setback of not less than 8 feet. , To address this encroachment,the Applicants may seek a lot line amendment as may be permitted under the City's Minor Subdivision 402 Ordinance-moving the current lot line to the west two(2)feet.Such Minor Subdivision is largely administrative anc if meeting the required rules may not be unreasonably denied,This however will require the securing of a number of surveys,re- establishment of drainage and utility easements each of which results in expense and ioss of time. Alternatively,the Applicants may seek'an amended Conditional Use Permit with the City Council following the required public process, public hearings and a final decision by the City Council,which may not be until November 2022 following the City review process-but only after a complete submission was filed. The Applicants have instead requested if the City will administratively grant the two(2)foot encroachment and the City will grant under the following conditions: 1. The City will grant the two(2)fool encroachment,but only for the specific building element,all other curbs,driveways,sidewalks and all other elements shall remain as approved.This two(2)foot encroachment is shown in the attached"Exhibit A"to this Agreement.No other authorities are granted or implied with this. 2, The Applicants do(jointly and each severally)waive any and all liabilities that may be applicab:,e to the City associated with any future encroachment loss that may result due to the use of the administrative process or as a result of the reduced setback,The City may in its sole discretion and at any time seek further Agreements or Documentation related to this request which shall be complied with by the Applicants;failure to comply will allow the City to seek other legal relief(at the expense of the Applicants)related to the setback to compel compliance with the initial ten-foot(10')setback. 3. The Applicants shall be required to perform the Minor Subdivision at any time as may be required by the City at their sole expense creating the new lot lines as required under the City's current 402 Minor Subdivision process. 4. The Applicants(including their assigns and in perpetuity)shall protect,indemnify and hold-harmless the City from any and all losses or damages resulting from the application and/or use of this administrative process to amend the setback to eight(8)feet. 5. This Agreement and Understanding will separately recorded against the title/deed of the related parcels being:0402920210012 and 0402920210013(or as may be amended or corrected) Tbe`a6ove is agre•a . e Ap`icanis and City: _.� Date tI/O( �- r. dd Andrews _ �' Date 101/( ) .. --- Mr ,Andfe s---' — . � ''I1/ Date 1M/( I/��L_ ndre : , =' Properties,LLC .V , . Date t+D! i 2.12,_1___, E Jo' son,City Administrator-City of Oak Park Heights EXHIBIT A—TO Agreement and Understaning 8'Setback—Applicant(aka.Tire Pros) c2) -_.4 ,;4A 9 l ,„:9-> / r -{- 0...4'4',,..7,1`4,i'...,,,`*:..y 5.-i T'",is": APPROXIM, •. .� ...,..• I. - PROPERTY j3 Qi - 12'BYPASS LANE _- cri % ., 1 APPROXIMATEPROPERTY BOUNDARY(TYP)— -r S i I r I t 3' w a t....„ :'•,,,,`„:,•-t," 4Y PJ"_ . .fit ` ,`'I 'ai.4 r-• ''.;t::.--:::::,:i:.I.,;,`:1 0 \ 0 '; S 40� .4p% x • w+ y Imo, a 20' I \\ 37 12' 991.86 s3 111 r, ,7i • 25 125 r • r . Imo dii .{ s • L.. Y e 44, ___.v.,,, Loi • 150eS _ }� z silo I.' . °Xi -7".7N qua i rt ..._ 9 i �, 9� A g VI. " 4.. 4:714 t:tt $ 7:- g .!w : vfi r '' .'cA4`-$y�'.`s W' ; ; t -:•;glib _ o 404 IFiSOFl1EC - 'w .IN ' NNW;a a. ' j c1 x :_ -' ', 3C` '1800