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Home My WebLink About2005-04-14 WC Recorded Document #3509067 - Non Exclusive Snow Removal Agreement & Licensean - rot uviod2 SnoNd c Ganci_polt, 350 Vo -)41-2,GOS) Washington County Recorder/Registrar http://vvww.co.washington.mn.us/info_for jesidents/recorder registrar_of_titles/ Your document has been recorded however, for your information we suggest that you review your document. You may want to re-record your document. The following item(s) are missing or in error: • Incomplete or incorrect legal description • Torrens property recorded in Abstract orrect reference number a Reference number missing LJ Date missing LJ Grantor/Grantee missing a Wrong county a YOUR DOCUMENT IS FILED IN MISCELLANEOUS When re-recording the document, you must reference why the document is being re-recorded or corrected. Same recording fees will be charged for re-recordings. Comments: # 3 & 1 tf4 Document cp.7 Main # 430-6755 Extension # L.D RECITALS 1 11 1 1 Office of the County Recorder Washington County, MN Certified filed and!or recorded on: 2005/04/14 3:29:00 PM a NON EXCLUSIVE SNOW REMOVAL AGREEMENT AND LICENSE 3509067 11 1 11 3509067 THIS AGREEMENT ("Agreement") is entered into this day of /11,4 e et/ , 2005 by and among THE CITY OF OAK PARK MIGHT'S, a municipal corporation ("City") and OAK PARK HEIGHTS PAT, LLC, a Delaware limited liability company and OAK PARK HEIGHTS VAL, LLC, a Delaware limited liability company (collectively referred to as "Owner"). A. Owner purchased from The Shoppes of Oak Park Heights, LLC, a Minnesota limited liability company ( "Developers'), certain property including the property legally described 011 Exhibit A attached hereto ( "Property ") pursuant to a Warranty Deed dated November 4, 2004 and filed December 3, 2004, as Document No. 34$2826. 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 11, 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 Trail. C. The Developer's predecessor in interest delivered to the City an Easement and Agreement dated July 25, 1995 in favor of the City of Oak Park Heights, Minnesota, encumbering property, including, Lot 1, Block 1, The Shoppes of Oak Park Heights, a copy of which is attached hereto as Exhibit 13, which identifies the Trail. The Easement and Agreement identifying the Trail: 0i] 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. 11 Cindy Koosmann County Racorder 11 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 Park 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, THERE:FORE, 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 Easement 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 NAY. 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. IN WITNESS WHEREOF, the undersigned have hereunto set their names effective as of the day and year first above written. The i ! -' ' ar Heights, a mu tion OAK PARK HEIGHTS PAT, LLC, A Delaware limited liability company, By: Principal Real Estate Investors, LLC, a Delaware limited liability company, its authorized signatory By: Its: By: Its: J) na E. Donahue it Closing Consultant S. P. tai g DIi i‘t & cbsinj 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: _Af WAX Anthony J. Gleekel, Esq. Siegel, Brill, Greupner, Duffy & Foster, P.A. 100 Washington Avenue South Suite 1300 Minneapolis, MN 55401 612- 337 -6100 u . s E C s:; � i A [Y.aiC H9 So 61 -SM- 2/15105- 23,549 -AG -004 -Snow Removal Agreement and License CLEAN 12 -21 -04 STATE OF MINNESOTA ) )ss. COUNTY OF Vi S ( ) This instr ment was acknowledged before me on this A day of IA CU 0,11 , 200 , by tiO )ati , the of the City of Oak Park Heights, a . municipal co oration. STATE OF IOWA COUNTY OF POLK 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 bar , to me personally known to be the identical persons whose names are subscribed to th foregoing instrument, who being by me duly sworn, did say that they are the Senior Closing Consultant and ;Pt PAred-OV- , respectively, of PRINCIPAL REAL ESTATE INVESTORS, LLC, a el are limited liability company, authorized signatory of OAK 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. Notaty Public in and for said State My Commission Expires: {Affix Notaiial Stamp or Seal] Not Notay Public in and fo said State My Commission Expires: [Affix Notarial Stamp or Seal] 4z) ) ) ) Note Notarj Public , ,s0AL M. ED/TH LAWRENCE T- Commission Number 180370 ry Commission Expires /owl, March 25, 2006 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 S. FF440-e-nol: ntroi , to me personally known to be the identical persons whose names are subscribed to tre foregoing instrument, who being by me duly sworn, did say that they are the Senior Closing Consultant and 4fre , respectively, of PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delawa e litnited 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. . EDITH LAWRENCE Commission Number 180370 My Commission Expires March 25, 2006 EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1, The Shoppes of Oak Park Heights, Washington County, Minnesota. EXHIBIT B EASEMENT AND AGREEMENT EASEMENT AND AGREEMENT ` � �� day of `"�- •. . �9� r THIS INDENTURE, made this Y 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 doted October 6, 1994; 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 rec7 ord title, and Robert L. Brackey 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 described at any time that it may see fit, to construct, maintain and repair said pedestrian walkway and bike trail over, across, through and under the lands hereinafter descrintA Vpu to WASHINGTON COUNTY, MINNESOTA 19igt'F' CARD. AUDITOR - TREASURER - yr BY R. H. ST 850'7'7:1 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 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 B, Brackey Addition. NO TO HAVE AND TO HOLD, said perpetual easement and right -of- 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 IN WITNESS WHEREOF, the said parties have caused the instru- ment to be executed the day and year first above written. 2 ALVIN J � f . .-- y r � LAINE M. XRUE ER ustee rustee STATE OF MINNESOTA ) as COUNTY OF WASHINGTON) The foregoing instruct was acknowledged before me this of I f! ay , 1995, by Alvin J. Krueger and Elaine Krueger, a$ T steel 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 - Minnesota Washington County C Drafted by: Kuepper, iacke1 & Kueppers, PaAa Attorneys at Law 1350 Capital Centre 386 Wabasha Street North St. Paul, MN 55102 (612) 228-1104 f Not ary Pu 3 STATE OF MINNESOTA) as COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this . -,: day of July, 1995, by Robert L. Brackey and Janet M. racfey, his wife. FRED ■ 'is �� JR DAKOTA COUNTY NOTARY NSW -- MI1 5OTA my Comm, � Jos 31, s CC C.:2 ...< C) C, C) .., C:. : Z=e0 = C) 1 cz • 1 T ... . i ) *.J CX) :. co ....... C:.- r .. .:`, . ... :...,... ,.: . ...II ::: ....... C: ...'• r. t.: ....-;- ....: i con ...< -- i t ' CJ1 7,---- L�III I'T C FINAL PLAT ri Iti ill!! I 1, Itat tr t h I, t'4 x 3 t fi Di 1 X f e� y A ANAMTALCMA2� s'+1 ��y �� 1lQr � ia ��,n �e iA:IO N y R 71 LOP ^ r� T / 1 02- 4 { i+r..�w �. �. i!7t — Hp l 4F Y fY� 1 r ... �. .r rr .--.� ... wr -+�.. «. w T • t f, ? /MAN ii EXIIIBIT D TRAIL P www111wwaM a • EFEE iwd I01010 0 ilty191 11101 bt, NAPP g %ii W RftV, NARAFIS OMI*4wwi1 lifit 0 H !I E 11110gdlid 4111dillhi H� 0E1 KRUEGER LANE ANE 1 ._.. NORELL AVENUE NOFi1H r 2 724: — •,� xv ., r rM sx �a , µtr s<w 1 td 2 1 tHE i