HomeMy WebLinkAbout2005-04-06 OPH Ltr to CA Forwarind Snow Removal Agreement for RecordingCity of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574
April 6, 2005
Attorney Mark Vierling
Eckberg, Lammers, Briggs, Wolff and Vierling. P.L.L.P.
1835 Northwestern Ave.
Stillwater, MN 55082
RE: Snow Removal Agreement
Mark,
Attached is an original version of the above agreement. Per our discussion, 1 have directed this document to
you for recording against the Shoppes property.
There is a legal description in the Recitals and in Exhibit A. We have retained a copy of the original
agreement as a place holder until the original is provided back to us from Washington County.
Please let me know if ou need additional information or documentation.
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NON. EXCLUSIVE SNOW REMOVAL AGREEMENT AND LICENSE
THIS AGREEMENT ("Agreement") is entered into this 51da of I/ le C
2005 by and among T E CITY OF OAK PARK HEIGHTS, a municipal corporation ( "City")
and OAK PARK HEIGHTS PAT, LLC, a Delaware limited liability company and OAK PARK
11EIOHTS VAL, LLC, a Delaware limited liability company (collectively referred to as
"Owner ").
RECITALS
A. Owner purchased from The Shoppes of Oak Park Heights, LLC, a Minnesota
limited liability company ( "Developer'), certain property including the property legally
described on Exhibit A attached hereto ( "Property") pursuant to a War,ranty Deed dated
November 4, 2004 and filed December 3, 2004, as Document No. 3482826. f
B. Pursuant to Section 4, paragraph D(ii), of that certain City of Oak Park Heights,;
Washington County, Developer's Agreement dated September 10, 2003, filed September 1;,
2003 in the office of the Washington County Recorder, as Document No. 3372023, the
Developer agreed to facilitate pedestrian access to its site and thereby dedicate an easement to
the City for a trail/sidewalk along Krueger Lane ("Trail'). Said paragraph also provides that the
City Engineer shall determine the required easement area to be depicted on the final plat. The
City was to undertake to build and maintain the Tram.
C. The Developer's predecessor in interest delivered to the City an Easement and
Agreement dated Jul 25, 1995 in favor of the City nnesota,
gr July tY of Oak Park Heights, Mi
encumbering property, including, Lot 1, Block 1, The Shoppes of Oak Park Heights, a copy of
which is attached hereto as Exhibit B, which identifies the Trail. The Easement and Agreement
identifying the Trail: (i) is also depicted on the final plat of The Shoppes of Oak Park Heights,
filed September 11, 2003, as Document No. 3872021, a copy of which is attached hereto as
Exhibit C; and (ii) satisfies Section 4, paragraph D(ii) of the Developers Agreement.
D. It has come to the parties' attention that the Trail (and retaining wall) as
constructed on the westerly boundary of Lot 1, Block 1, The Shoppes of Oak Par Heights was
constructed in such a way to make snow and ice removal on the Trail by the City impracticable.
As a result, the Owner, pursuant to this Agreement agrees to remove snow and ice from the Trail.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. The Owner agrees that it shall, promptly (less than 24 hours from snow /ice event)
at its sole cost and expense remove the snow and ice from the Trail, to the extent it is over the
Property but not otherwise, as established by the Basement and Agreement filed • as Document
No. 850775 and depicted on. the Plat of The Shoppes of Oak Park Heights, filed September 11,
2003, as Document No. 3872021 ( "Easement "). The Trail for which the Owner is responsible is
further identified in Exhibit D attached hereto.
2. The Owner acknowledges that it is exclusively responsible for ice and snow
removal and does assume any and all liabilities arising from the Owner's failure to clear ice and
snow from Trail.
3. The City hereby grants Owner a non- exclusive license to periodically enter that
part of the Trail referred to above to remove the snow and ice from it. In the event the City
revokes or terminates the license granted herein, the Owner's obligations in this Agreement shall
be null and void.
4. The City acknowledges that this Agreement satisfies any remaining obligations of
the Developer under the Developer's Agreement as it relates to the Trail.
5. The Owner shall have the right to remove the existing retaining wall and regrade a
portion of the Property, including the Trail reconstruction, upon notice . to and in a manner
reasonably acceptable to the City. Upon removal of the retaining wall and re-grading of the
Property and satisfactory Trail reconstruction according to City standards, this Agreement shall
terminate and, pursuant to the Developer's Agreement, the City will have the obligation to
remove all snow and ice from the Trail.
6, This Agreement runs with the Property, and shall be binding upon and inure to the
benefit of the Owner and the City and their successors and assigns. The Owner and any other
owner of the Property shall have no obligations under this Agreement for those accruing after the
Owner's or such other owner's transfer or conveyance of its interest in the Property.
7. No provision of this Agreement is intended, nor is any provision to be interpreted
to provide or create any third party beneficiary rights or any other rights of any kind to any third
party.
8. This Agreement may be executed in two or more counterparts each of which shall
be deemed an original, but all of which shall constitute one in the same instrument.
• tl
11 T 'WITNESS WHEREOF, the undersigned have hereunto set their names effective as of
the day and year first above written.
The eights,
a tion
By:
r r r
=.`
Its: o �
OAK PARK HEIGHTS PAT, LLC,
A Delaware limited liability company,
By: Principal Real Estate Investors, LLC,
a Delaware limited liability company,
its authorized si _r •atory -�
By:
Its:
By:
Its:
(Anna E Donahue
Ckshng Cons u { rot
P -7
1 )1/c
S. P. Franzanburg
Director
OAK PARK HEIGHTS VAL, LLC,
A Delaware limited liability company,
By: Principal Real Estate Investors, LLC,
a Delaware limited liability company,
its authorized signatory
By:
Its:
By:
Its:
This Instrument was Drafted by:
1
Joh= a E. Donahue
RIldaf Cloging Cats
tt
Anthony J. Gleekel, Esq.
Siegel, Brill, Greupner, Duffy & Foster, P.A.
100 Washington Avenue South
Suite 1300
Minneapolis, MN 55401
612-337-6100
8. P. Frzenburg
Dhotot
Arad Pitsaniaton it Closing
61- SM- 2/15/05- 23,549 -AG -004 -Snow Removal Agreement and License CLEAN 12 -21 -04
STATE OF MINNESOT. )
)SS.
COUNTY OF VI tk'S (117)1 >
This instilment was acknowledged before me on this �?�, day of IA arch 200, by
�} M L ( � Q,011,:.0 , the Kolor of the City of Oak Park Heights, a
municipal co . oration.
JULIE R. JOHNSON
NOTARY PUBLIC = MINNESOTA
My Commission Expires Jan. 31, 2010
STATE OF IOWA
COUNTY OF POLK
On this 15 day of February, 2005, before me, the undersigned, a Notary Public in and for the
said State, personally appeared Johnna E. Donahue and 5 F , to me
personally known to be the identical persons whose names are subscribed to the foregoing instrument,
who being by me duly sworn, did say that they are the Senior Closing Consultant and
�r L 1k eL b vy , respectively, of PRINCIPAL REAL ESTATE INVESTORS,
LLC, a el. ► are limited liability company, authorized signatory of OAS. PARK HEIGHTS PAT, LLC, a
Delaware limited liability company, and that the seal affixed to the instrument is the seal of PRINCIPAL
REAL ESTATE INVESTORS, LLC; that the instrument was signed and sealed on behalf of the company
by PRINCIPAL REAL ESTATE INVESTORS, LLC, as authorized signatory of OAK PARK HEIGHTS
PAT, LLC, a Delaware limited liability company, by authority of the members of OAK PARK HEIGHTS
PAT, LLC, a Delaware limited liability company; and that the aforesaid individuals each acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of PRINCIPAL REAL
ESTATE INVESTORS, LLC, as authorized signatories of said company, by it and by them voluntarily
executed, 1
STATE OF IOWA
COUNTY OF POLK
)
)
)
Kota Public in and for said State
My Commission Expires:
[Affix Notai ial Stamp or Seal]
el)
)
)
)
On this 15 day of February, 2005, before me, the undersigned, a Notary Public in and for the
said State, personally appeared Johnna E. Donahue and 5,P. oa �,b , to me
�e foregoing personally known to be the identical persons whose names are subscribed to t g g instrument 5
who being by me duly sworn, did say that they are the Senior Closing Consultant and
, respectively, of PRINCIPAL REAL ESTATE INVESTORS, LLC, a
Delawa e ' ited liability company, authorized signatory of OAK PARK HEIGHTS VAL, LLC, a
Delaware limited liability company, and that the seal affixed to the instrument is the seal of PRINCIPAL
REAL ESTATE INVESTORS, LLC; that the instrument was signed and sealed on behalf of the company
by PRINCIPAL REAL ESTATE INVESTORS, LLC, as authorized signatory of OAK PARK HEIGHTS
VAL, LLC, a Delaware limited liability company, by authority of the members of OAK PARK
HEIGHTS VAL, LLC, a Delaware limited liability company; and that the aforesaid individuals each
acknowledged the execution of the foregoing instrument to be the voluntary act and deed of PRINCIPAL
REAL ESTATE INVESTORS, LLC, as authorized signatories of said company, by it and by them
voluntarily executed.
Not. r Public in and fo said State
My Commission Expires:
[Affix Notarial Stamp or Seal]
4
Not Public
p „lAL ^ M■ EDITH LAWRENCE
a r r Commission Number 18 370
My Commission Expires
March 25, 2006
x •�
M EDITH LAWRENCE
Commission Number 180370
My Commission Expires
March 25, 2006
Emma A
LEGAL DESCRIPTION
Lot 1, Block 1, The Shoppes of Oak Park Heights, Washington County, Minnesota.
EXHIBIT B
EASEMENT AND AGREEMENT
�k'� ti►r
V � t
THIS INDENTURE, made this
EASEMENT AND AGREEMENT
under the lands hereinafter descr
Ira !WI
s .+aka• K i
by and between ALVIN J. KRUEGER and ELAINE M. UEGER, as Trus-
tees of the Elaine M. Krueger Revocable Trust dated October 6,
1994; and ALVIN J. KRUEGER and ELAINE M. KRUEGER, as Trustees of
the Alvin J. Krueger Revocable Trust dotted October 6, 19941 and
ROBERT L. BRACKEY and JANET M. BRACKEY, his wife; collectively
parties of the first part; and the CITY OF OAK PARK HEIGHTS,
Washington County, Minnesota, a municipal corporation under the
laws of the State of Minnesota, party of the second part.
WITNESSETH;
WHEREAS, the above -named Trustees are the owners of the rec-
ord title, and Robert L. Bracket is a Contract for Deed Vendee,
of the real estate hereinafter described; and
That for and in consideration of the sum of One Dollar and
other good and valuable consideration, the receipt of which is
hereby acknowledged, the parties of the first part have this day
bargained and sold, and by these presents do bargain, sell and
transfer unto the City of Oak Park Heights, the following
A perpetual easement for the purpose of constructing and
maintaining a pedestrian walkway and bike trail, together with
the right to enter upon the real estate hereinafter deSoribed at
any time that it may see fit, to construct, maintain and repair
said pedestrian walkway and bike trail over, across, through and
Ent VilKAWANP8diliY ht to
WASHINGTON COUNTY, MINNESOTA
19 95-)
ORD. AUDITOR-TREASURER
BY
850'7'75
day of r . . , 1995,
excavate and refill ditches and /or trenches for the construction
of said pedestrian walkway and bike trail, and the further night
to remove trees, bushes, undergrowth, and other obstructions in
terfering erin g in the location, construction and maintenance of said
pedestrian walkway and bike trail.
That said perpetual easement is located in the County of
Washington, State of Minnesota, upon lands described as follows,
to-wit:
The West 15 feet of Outlot D, Brackey Addition, Ii0
TO HAVE AND TO HOLD, said perpetual easement and rightbof-
way unto the City of Oak Park Heights, Washington County,
Minnesota, forever.
The parties of the first part do hereby covenant with the
City of Oak Park Heights, that they are lawfully seized and pos-
sessed of the real estate above described.
EN WITNESS WHEREOF, the said parties have paused the instru-
ment to be executed the day end year first above written,
2
ALVIN J UE ER stee
LAINE M. 1(RUE ER, rustee
STATE OF MINNESOTA )
WASHINGTON)
) 8s
COUNTY OF
; The foregoing instrument was acknowledged before me this
..... day of :1 1995, by Alvin J. Krueger and Elaine
Krueger, as Tz of the Elaine M. Krueger Revocable Trust
dated October 6, 1994; and Alvin J. Krueger and Elaine M.
Krueger, as Trustees of the Alvin . Krueger Revocable Trust
dated October 6, 1994.
RAYMOND 0 MARSHALL
Notary Public - Minne3oia
Washington County
C�r.��D�n, 6c�iroe !
STATE OF MINNESOTA)
es
COUNTY OF RAMSEY )
, '' he foregoing Instrument was acknowledged before me this
z day of July, 1995, by Robert L. Brackey and Janet M.
3rackey, his wife.
Drafted by:
Kuepper, Hackel & Kueppers , P.A.
Attorneys at Law
1350 Capital Centre
386 Wabasha Street Nbrth
St. Paul, bIN 55102
(612) 228 -1104
Notary - to
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