HomeMy WebLinkAbout2002-04-23 CC Meeting Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date: April 23, 2002
c.
Agenda Item Title: Montanari Office Building PUD CUP
Preliminary and final Plat
estimated Time Required: 5 Minute(s)
Agen Pl acement: New Business
Originating Department /Requestor: Planning Commission /Community Development
Requester's Signature:
Action Requested: Take Approptxate Action
Background /lusti�ication:
The City has received a preliminary plat and utility plait &om MoYrtanari as requeste b th e City
Council an th e Planning Commission and Planner's recommendations are enclosed f or your review.
Please contact staff with any questions you may have at 439 -4439.
S: \SI- IARED\ Forms \COUNCTLACTTON RBQUEST.doc
NORTH/ '"ST ASSOCIATED CO. 11ULTANTS, INC.
5775 Wa Boulevard, suite 555, St. Louis Park, MIN 55416
Telephone: 952.596.9636 Facsimile: 952,595.9837 Planners@nacplann'in
MEMORANDUM
TO: Kimberl Kamper
FROM: Scott Richards
DATE: April 18, 2002
RE: Oak Park Hei — Montanari Office Buildin
Plannin Commission Action
FILE NO: 798-02 — 01-17
The Plannin Commission, at their March 14, 2002 meetin recommended on a
three/two vote the planned unit development/conditional use permit, preliminar
plat, and site plan/Desi Guideline review for an office buildin at 13481 North 60th
Street. The proposed buildin site is located on the south fronta road of Hi 36,
between the Ea Club and McCormack's Furniture.
Zonin for the propert is Central Business District and was included in the area of the
Central Business District Urban Desi Stud As a result, the provisions of the Central
Business District Desi Guidelines appl to the proposed project.
The * planned unit develop m ent/cond itional use permit and the preliminar plat is
re in that the site will be divided into condominiums. An additional conditional use
permit is re to allow flexibilit from the Cit off-street parkin suppl
re and for a joint parkin allowance.
Plannin staff had recommended that the Plannin Commission, at their March 14
2002 meetin hold on an recommendations until additional information and issues'
related to the Declaration of the Cross Easements with the Ea Club had been
resolved. Specificall staff had asked the developer for a preliminar plat for the
condominiums and for a utilit plan. The re for these two items had been
included in the first plannin report dated December 6, 2001. The applicant provided
these items for review on April 12, 2002. Additionall the applicant provided a si
cop of the Declaration of Easements.
The most significant concern with this development is the provision of adequate parking.
With proof of parking, the applicants are proposing 53 parking stalls on the subject
property. The Zoning Ordinance requirement for the proposed office building is 90
parking spaces. The central Business District Design Study formula for parking would
require at least 52 spaces if there is a possibility for cross utilization of parking or for on--
street parking. In that there is no on- street parking in this portion of the central
Business District, cross utilization of parking with an adjacent property is a necessity.
The applicant has negotiated a Declaration of cross Easements with the Eagles but that
agreement allows for the declaration to be terminated by either party with 50 days
notice. Additionally, there is no provision in the agreement to allow the city to approve
or deny an amendment. The city Attorney has raised concerns with the document in a
March 14, 2002 e-mail, as attached.
An open ended declaration does not provide any assurances that adequate parking
would be provided for this development. A conditional use permit is required to allow for
a reduction in parking stalls from the parking standards of the Zoning ordinance and to
allow an off site parking allowance. Without an agreement that includes provisions for
City agreement to termination, a conditional use permit to reduce parking cannot be
recommended by staff.
A finding of fact has been prepared for city council action on this matter reflecting a
denial of the application. A finding of fact with a favorable approval has also been
drafted with a condition added that the applicant negotiate an easement agreement with
the Eagles that is acceptable to the city Attorney.
pc: Kris Danielson
Mark vierling
2
RESOLUTION NO.
OF THE
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY,IVIINNESOTA
A RESOLTJTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY MONTANARI HOMES FOR PLANNED UNIT
DEVELOPMENT /CONDITIONAL USE PERMIT,
PRELIMINARY /FINAL PLAT AND SITE PLAN REVIEW FOR
AN OFFICE BUILDING AT 13481 NORTH 60 S'T'REET
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from
Montanari Homes for a planned unit development/conditional use permit, a conditional use
permit for a reduction in parking and to allow a joint parking allowance, preliminary /final plat
and site plan/Design Guideline review for an office building at 13481 North 60" Street; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the application be approved with conditions. The City Council of the
City of Oak Park Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The subject site is zoned CBD, Central Business District in which office
buildings are a listed permitted use; and
4. The PUB /CUP and preliminary /final plat is required to subdivide the
property for office condominiums; and
5. A conditional use permit is required to allow a reduction from the off-
street parking supply requirements and to allow a joint parking proposal with an adjoining
property; and
6. The City staff prepared a memorandum dated December 6, 2001 which
recommended the applicant address issues related to the . site and to provide additional
information; and
7. In February 2002, the applicant provided additional information and a
Declaration of Cross Easements with the adjoining property owner; and
8. The City staff prepared a memorandum dated March 7, 2002
recommending the Planning Commission approve the request subject to submittal of additional
information and satisfaction of conditions; and
9. The March 7, 2002 memo addressed the issue of the termination clause of
the Declaration of Cross Easements and the need for City Attorney approval of the document.
10. The City Attorney drafted a memo on March 14, 2002 indicating that the
Declaration of Cross Easements document could not be approved with the 60 day termination
clause and without document amendment or modification approval by the City of oak Park
Heights.
11. At the March 14, 2002 Planning Commission meeting, City staff
recommended that the application not move forward until a preliminary /final plat is submitted
and a Declaration of Cross Easements, which is satisfactory to the City Attorney, is submitted for
approval; and
12. The Planning Co held a public hearing at their March 14, 2002
meeting, took comments from the applicants and public, closed the public hearing, and
recommended approval of the application; and
13. on April 12, 2002, the City of oak Park Heights received a letter from
Montanari Homes addressing the market for the office building, a utility plan, and a signed
Declaration of Cross Easements; and
14. The signed Declaration of Cross Easements did not include language
acceptable to the City Attorney regarding termination and City of oak Park Heights approval for
amendment or modifications.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARIS HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING;
A. The application submitted by Montanari Haynes fora planned unit development/
conditional use permit, a conditional use permit for a reduction in parking and to allow a
joint parking allowance, preliminary/final plat and site p lan/Desi g n Guideline review for
th .
an office building at 13481 North 60 Street and affecting the real property as follows:
SEE ATTACHMENT A
2
Be and the same as hereby approved by the City Council of the City of Oak Park Heights for
approval subject to the following conditions:
1. A preliminary /final plat has been submitted to the City at least 10 days in advance of the
City Council at which this matter will be considered. The preliminarylfinal plat is subject
to City staff and City Council review and approval.
2. Window openings within 10 feet of property lines must have fire suppression devices
acceptable to the Fire Marshal and Building Official.
3. A materials board and colored elevations must be submitted for Planning Commission
and City Council review and approval.
4. Plans have been submitted to show the south curb line of 60 Street Forth, the existin
trail along 60 Street North, and the proposed sidewalk connecting to the trail subject to
review and approval of the City Engineer.
S. Decorative light fixtures that are not full cut --off are allowed with City Council approval.
6. Lighting must meet all City requirements, and pole lighting must be 14 feet in height.
7. The landscape plan must be revised to comply with City Arborist recommendations
found in a memo dated March 1, 2002.
8. An access permit from MnDOT is required.
9. A plan has been submitted that shows roof of parking to provide at p p g p least 52 parking
stalls on site.
10. A Declaration of Cross Easements for shared parking is provided to the City to ensure at
least a total of 90 on and off site parking stalls subject to City Attorney review and
approval.
11. The Planning Commission reconunends an 18 foot parking stall length with a two foot
overhang for the parking areas on site.
12. No snow storage shall be allowed on site. The condominium association shall make
provisions for removal of excess snow from the site.
13. Grading and drainage issues are subject to review and approval of the City Engineer and
review of the applicable watershed authority.
14. The applicant has provided additional utilities information requested b the '
q y e City
Engineer. The utility plans are subject to City Engineer review and approval.
3
15. Any signage in addition to the proposed monument sign must comply with City
standards.
16. Trash enclosure details must be submitted for review and approval.
179 A development agreement between the applicant and the City is required subject to the
City Attorney and City Council review and approval.
Approved by the City Council of the City of oak Park Heights this 23rd day of April
2002.
David Beaudet, Mayor
ATTEST:
Kimberly Kamper, Acting City Administrator
4
Exhibit "A"
Legal Description: Lot "A" RLS #57, Except all that portion lying Yly of
the following described line. Beg'
uuling at a point on the E. line of said
Tract A; thence westerly to a point of the W. line of said Tract A, distant
21.26 feet S'ly of the N.W. corner and said line there terminating.
Washington County, Minnesota.
i V C L4 P ark He
K K
14168 Oak Park Blvd 9 Box 2007 e oak Park Heights, MN 55052
Phone (651) 439.4439 * Fax 439 -0574
Attachment B
Address. 1348160 Stre
Applicant: Montanari Homes, Inc.
Date: November 26, 2001
x Application form and payment for fees
Proof of ownership or authorization to proceed as applicant
-X A parcel search obtained from Washington county of all properties located
within 500 feet of the exterior boundaries of the property
-X Property Tax Statement
X Grading and Drainage Plan
�� Landscape Plan
-X - - - -- � Signage Flan
X Lighting Plan
NIA 'Tree Protection and Replacement Plan
x Building Elevations
N/A Other Plans and/or information as required by Ordinance or requested by city
Staff
Submitted Plans:
3 full scale sets of plan
-X 20 -- 11 " x 17" sets of plans
Ir
RESOLUTION NO.
OF THE
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY MONTANARI HOMES FOR PLANNED UNIT
DEVELOPMENT /CONDITIONAL USE PERMIT,
PRELIMINARY /FINAL PLAT AND SITE PLAN REVIEW FOR
AN OFFICE BUILDING AT 13481 NORTH 60 STREET
SHOULD BE DENIED
WHEREAS, the City of Oak Park Heights has received a request from
Montanari Homes for a planned unit development/conditional use permit, a conditional use
permit for a reduction in parking and to allow a joint parking allowance, preliminary /final plat
and site plan/Design Guideline review for an office building at 13481 North 60" Street; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the application be approved with conditions. The City Council of the
City of Oak Park Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The subject site is zoned CBD, Central Business District in which office
buildings are a listed permitted use; and
4. The PUD /CUP and preliminary /final plat is required to subdivide the
property for office condominiums; and
5. A conditional use permit is required to allow a reduction from the off-
street parking supply requirements and to allow a joint parking proposal with an adjoining
property; and
6. The City staff prepared a memorandum dated December 6, 2001 which
recommended the applicant address issues related to the site and to provide additional
information; and
7. In February 2002, the applicant provided additional information and a
Declaration of Cross Easements with the adjoining property owner; and
8. The City staff prepared a memorandum dated March 7 2002
recommending the Planning Commission approve the request subject to submittal of additional
information and satisfaction of conditions; and
9. The March 7, 2002 memo addressed the issue of the termination clause of
the Declaration of Cross Easements and the need for City Attorney approval of the document.
10. The City Attorney drafted a memo on March 14, 2002 indicating that the
Declaration of Cross Easements document could not be approved with the 60 day termination
clause and without document amendment or modification approval by the City of Oak Park
Heights.
11. At the March 14, 2002 Planning Commission. meeting, City staff
recommended that the application not move forward until a preliminary /final plat was submitted
and a Declaration of Cross Easements, which is satisfactory to the City Attorney, was submitted
for approval; and
12. The Planning Commission held a public .hearing at their March 14, 2002
meeting, took comments from the applicants and public, closed the public hearing, and
recommended approval of the application; and
13. On April 12, 2002, the City of oak bark Heights received a letter from
Montanari Homes addressing the market for the office building a utility plan, and a signed
Declaration of Cross Easements; and
14. The signed Declaration of Cross Easements did not include language
acceptable to the City Attorney regarding termination and City of Oak Park Heights approval for
amendment or modifications.
1 15. The Declaration of Cross Easements submitted by the applicant to the City
of oak Park Heights is not acceptable to the City Attorney in regards to the termination clause
and City of oak Park Heights approval for amendments or modifications to the document.
16. The project as proposed requires 90 off-street spaces in accordance with
Section 401.151. the Zoning ordinance. with proof of parking, the applicant is proposing 53
off-street parking stalls. without a Declaration of Cross Easements that is acceptable to the City
Attorney to allow utilization of the Eagles parking lot or the provision of on- street parking on
60 Street North, the subject site will be 37 off - street arkin stalls short of the Zoning
p g g
Ordinance requirements.
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL DENIES THE
FOLLOWING:
A. The application submitted by Montanari Homes for a planned unit development/
conditional use permit, a conditional use permit for a reduction in parking and to allow a
joint parking allowance, preliminary /final plat and site plan/Design Guideline review for
an office building at 13451 North 60th Street and affecting the real p p y ro ert as follows:
SEE ATTACHMENT A
Be and the same as hereby denied by the City Council of the City of Oak Park Heights based
upon the following findings:
1. The Declaration of Cross Easements submitted by the applicant to the City of Oak Park
Heights is not acceptable to the City Attorney in regards to the termination clause and
City of Oak Park Heights approval for amendments or modifications to the document.
Z. The project as proposed requires 90 off - street spaces in accordance with Section
401.15.F. the Zoning Ordinance. with proof of parking, the applicant is proposing 53
off - street parking stalls. without a Declaration of Cross Easements that is acceptable to
the City Attorney to allow utilization of the Eagles parking lot or the provision of on-
street parking on 60 Street North, the subject site will be 37 off-street parking arkin stalls
short of the zoning Ordinance requirements.
3. Based upon a deficiency of 37 off-street parking stalls as required by Section 401.15.F of
the zoning Ordinance, the conditional use permit for a reduction of off-street parking and
for off-site parking shall be denied.
4. Denial of the conditional use permits for parking shall also require denial of the planned
unit development/conditional use permits, preliminarylfinal plat, and site plan/Design
Guideline for the application submitted by Montanari Homes.
DENIED by the City Council of the City of Oak Park Heights this 23rd day of April
2002.
David Beaudet, Mayor
ATTEST:
Kimberly Karnper, Acting City Administrator
3
Exhibit "A"
Legal Description: Lot "A" RLS #57, Except all that portion lying Yly of
the following described line. Beg inning at a point on the E. line of said
Tract A; thence westerly to a point of the W. line of said Tract A, distant
21.26 feet S'ly of the N.W. corner and said line there terminating.
Washington County, Minnesota.
c
Oa
P ark Help, ts
y r a 14168 Oak Park Blvd i B ox 2007 * Oak Park Heights, MN 5 5082 �
Phone (651) 439 -4439 ® Fax 439 -0574
Attachment B
Address 13481 6
Applicant: Montanan Homes, Inc.
Date: November 26, 2001
pplication form and payment for fees
X of ownership or authorization to proceed as applicant
_X A parcel search obtained from Washington county of all properties located
within 500 feet of the exterior boundaries of the property
- X - Property Tax statement
_ X Grading and Drainage Plan
- X - Landscape Plan
X Signage Plan
X Lighting Plan
N/A Tree Protection and replacement Plan
X Building Elevations
WIA other Plans and/or information as required by ordinance or requested by city
Staff
Submitted Plans:
- X 3 full scale sets of plan
_ X7 20 11 X 17" sets of plans
4
'z
y
A RECOMMENDING RESOLiJTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY MONTANARI HOMES FOR PLANNED UNIT
DEVELOPMENT /CONDITIONAL USE PERMIT,
PRELIMINARY/FINAL PLAT AND SITE PLAN REVIEW FOR
AN OFFICE BUILDING AT 13481 NORTH 60 STREET
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from
Montanari Homes for a planned unit development/conditional use permit, a conditional use
permit for a reduction in parking and to allow a joint parking allowance, preliminary /final plat
and site plan/Design Guideline review for an office building at 13481 North 60 Street; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The subject site is zoned CBD, Central Business District in which office
buildings are a listed permitted use; and
4. The PUD /CUP and preliminary /final plat is required to subdivide the
property for office condominiums; and
5. A conditional use permit is required to allow a reduction from the off-
street parking supply requirements and to allow a joint parking proposal with an adjoining
property; and
6. The City staff prepared a memorandum dated December 6, 2001 which
recommended the applicant address issues related to the site and to provide additional
information; and
7. In February 2002, the applicant provided additional information and a
Declaration of Cross Easements with the adjoining property owner; and
8. The City staff prepared a memorandum dated March 7, 2002
recommending the Planning Co approve the request subject to submittal of additional
information and satisfaction of conditions; and
9. At the March 14, 2002 Planning Commission meeting, City staff
recommended that the application not move forward until a preliminary /final plat is submitted
and a Declaration of Cross Easements, which is satisfactory to the City Attorney, is submitted for
approval; and
10. The Planning Commission held a public hearing at their March 14, 2002
meeting, took comments from the applicants and public, closed the public hearing, and made the
following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Montanari Homes for a planned unit development/
conditional use permit, a conditional use permit for a reduction in parking and to allow a
joint parking allowance, preliminary /final plat and site plan/Design guideline review for
an office building at 13451 North 601h Street and affecting he real property as follows:
g p p Y
SEE ATTACHMENT A
Be and the same as hereby reco to the City Council of the City of oak Park Heights for
approval subject to the following conditions;
19 A preliminary/final plat must be submitted to the City at least 10 days in advance of the
City Council at which this matter will be considered. The reliminar /final plat is subject
P Y p J
to City staff and City Council review and approval.
2. window openings within 10 feet of property lines must have fire suppression devices
. p
acceptable to the Fire Marshal and Building official.
3. A materials board and colored elevations must be submitted for Planning ommission
g
and City Council review.
2
4. Plans should be revised to shover the south curb line of 60 Street North, the existing trail
along 60 Street Forth, and the proposed sidewalk connecting to the trail.
5. Decorative light fixtures that are not full cut -off are allowed only if the City Council
approves them.
6. Lighting must meet all City requirements, and pole lighting must be 14 feet in height.
7. The landscape plan roust be revised to comply with City Arborist recommendations
found in a memo dated March 1, 2
8. An access permit from MnDOT is required.
9. A plan must be submitted that shows proof of parking to provide at least 52 parking stalls
on site.
10. The Planning Commission should provide direction regarding the acceptability of the
proposed parking stall dimensions.
11. The Planning Commission recommends an 18 foot parking stall length with a two foot
overhang for the parking areas on site.
12. No snow storage shall be allowed on site. The condominium association shall make
provisions for removal of excess snow from the site.
13. Grading and drainage issues are subject to review and approval of the City Engineer and
review of the applicable watershed authority.
14. The applicant must provide any additional utilities information needed by the City
Engineer, and utilities issues are subject to City Engineer review and approval.
15. Any signage in addition to the proposed monument sign roust comply With City
standards.
16. Trash enclosure details must be submitted for review and approval.
17. A development agreement between the applicant and the City is required subject to the
City Attorney and City Council review and approval.
Recommended by the Planning Commission of the City of Oak Park Heights this 14th
day of March 2002.
3
George Vogt, Chair
ATTEST:
Kimberly Damper, Acting City Administrator
4
Exhibit 6 `A"
Legal Description: Lot "A" RLS #57, Except all that portion lying N'ly of
the following described line. Beginning at a point on the E. line of said
Tract A; thence westerly to a point of the W. Tine of said Tract A, distant
21.26 feet S'ly of the N.W. corner and said I ine there terminating.
Washington County, Minnesota.
y, :�•. •fir';: ..
n L
Oak Park Hel rh s
.. 7
' : A 141 Oak Park Blvd * Box 2007 e Oak Farb Heights, MN 55082
Phone (65 1) 439 -4439 9 F 439 -0574
Attachment B
Address: 13481 60 Street
Applicant: Montanari Homes, I nc.
C November 26, 2001
X Application form and payment for fees
- X - Proof of ownership or authorization to proceed as applicant
X A parcel search obtained from Washington county of all properties located
within 500 feet of the exterior boundaries of the property
X Property Tax Statement
- X - Grading and Drainage Plan
— X — Landscape Landscape Plan
X Signage Plan
X Lighting Plan
K / - A Tree Protection and Replacement Plan
X Building Elevations
WIA Other Plans and/or information as required by Ordinance or requested by City
Staff
Submitted Plans:
- X - 3 full scale sets of plan
X20 — 11 " X 17" sets of plans
APR 1 2 205,.+[,,
Return to:
Robert G. Briggs
1835 Northwestern Avenue
Stillwater, MN 55082
DECLAMATION of C oSS EASEMENTS
�CITALS a
1. Stillwater Aerie No. 94 of Fraternal Carder of Ea of Stillwater, (hereinafter
"Eagles"), and Bart Montanari, (hereinafter "Montana.ri"), are owners of adjoining
property in Washington County, Minnesota.
2. The Eag les are the owners of property at 12969 North Go Street, Oak Park
Heights, Minnesota 55082 legally described on Exhibit A attached hereto and made a part
hereof (hereafter referred to as the "Eagles Property").
3. Montanan is the owner of property at 13451 North 64 Street, oak Park
Heights, Minnesota 55082, legally described on Exhibit B attached hereto and made a
part hereof (hereafter referred to as the `'Montanan' Property
4. Both properties have bituminous surface parking lots and the parties desire to
provide for the use of the parking lots by the adjoining property owner during certain
hours of the day.
e -
r
Now THEREFORE, in consideration of the foregoing recitals and other good
and valuable consideration, the undersigned hereby create the easement and covenants
hereinafter set forth.
1. Grant of Easement The Eagles hereby grant and convey to Montanari a
temporary easement for parking purposes only over the bituminous surface area of the
Eagles Property now used as a parking lot.
?. Grant of Easement Montanani hereby grants and conveys to the Eagles a
temporary easement for parking purposes over the bituminous surface area of the
Montanan' Property now used as a parking lot.
3. Limitation of Easement. The easements granted herein shall be limited as
follows: The Eagles shall have the right to use the Montanan parking lot easement
described above during the hours of 5:30 p.m. until 7:00 a.m of each day. Montanans
shall be allowed to use the parking easement on the Eagles property during the hours of
7:00 a.m. until 5:30 p.m. of each day.
No semi - trucks, trailers of any kind, bobcats, backhoes, trucks in excess of 1 ton
or similar vehicles or equipment shall be allowed to park on the easement premises
without the consent of the fee owner.
4. Repair and Maintenance. The owners of their respective properties shall
have the sole obligation and responsibility for the repair and maintenance of the parking
surfaces on their property. Such repair and maintenance shall include the resurfacing of
the parking area, the plowing of snow and the application of salt and/or sand as needed.
Each party represents and agrees that it will maintain their respective parking surface in
good condition of repair.
Y
5. Easement not to be obstructed It is expressly understood and agreed that
the easements herein created are for the sole purpose of parking. The owners of the
parcels shall use the rights granted by this instrument with due regard to the rights of
others and their use of such easement shall be such that it will not obstruct passage or
drainage thereon.
6. Easement Terra This easement shall be for an indefinite term but may be
terminated by either party by written notice to the other 60 days in advance of
termination. Such notice shall be delivered personally or by certified mail to the
addresses in paragraphs 2 and 3 of the Recitals set forth above. A copy of the Notice of
Termination and Affidavit of Service shall be recorded in the office of the Washington
County Recorder if this easement document has been recorded.
7. .Amendment The parties agree that the provisions of this Declaration of
Cross Easement may be modified or amended in whole or in part only with the consent of
all of the owners of the parcels by amendment in writing executed and acknowledged by
all of those parties. If a party has a mortgage on its parcel this Declaration of Cross
Easement and any amendment without the written consent of said mortgagee shall not be
enforceable against or binding upon that mortgagee.
S. Easement to run with the land The grant of the easements herein shall run
with the land and be binding upon and inure to the benefit of the owners of the parcels,
their heirs, successors and assigns unless terminated as hereinabove provided.
IN WITNESS WHEREOF this Declaration of Cross Easement has been executed
on the , ` I ,. day of - 2002-9 � y
Stillwater Aerie No. 94 of
Fraternal order of Ea les of Stillwater
•err 5
By: -
c
Its:
r f ''
State of Minnesota �
)ss.
County of Washington)
The foregoing instrument was acknowledged before me this day of
2002 by , the g
of Stillwater Aerie No. 94 of Fraternal. order of Eagles of Stillwater, a fraternal
organization, on behalf of the organization.
Notary Public
State of Minnesota
)Ss.
County of Washington)
The foregoing instrument was acknowledged before me this day of
2002 by Bart Montanari.
Notary Public
Drafted by;
Robert G. Briggs
Eckberg, Lammers, Briggs,
Wolff & Vierling, PLLP
1835 Northwestern Avenue
Stillwater, MN 5508?
a
( "Eagles Property")
Tract B. REGISTERED LAND SURVEY NO. 57, according to the plat thereof on file
and of record in the office of the Registrar of Titles in and for Washington County,
Nli.nnesota;
EXCEPT that part of Tract B. REGISTERED LAND SURVEY No. 57, lying northerly
of the following described line:
Be n 'gat a point on the east line of said Tract B, distant 129.04 feet south of the
northeast corner of said Tract B; thence northwesterly to a point on the west line of said
Tract B distant 34.54 feet south of the northwest corner of said Tract B and said line there
ten E rating.
TOGETHER with an easement over, under and across Tract N, registered Land Surrey
No. 57, on file and of record in the office of the Registrar of Titles in and for Washington
County, Minnesota.
_ EXHIBIT B
("Montanari Property'g�
Lot A, Registered Land Survey No. 57, except all that portion lying northerly of the
following described line. Be a point on the East line of said Tract A distant
34.50 feet South of the northeasterly corner of said Tract A.; thence westerly to a point on
the West line - of said Tract A, distant 21.26 feet Southerly of the Northwest corner and
said line and there ternunating.
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