HomeMy WebLinkAbout2006-05-02 Final CSM Development Documents (as of 05-02-06)Final Documents for CSM Develo ment — as of Ma 2 2006
3. Letters of Credit — Associated Bank. (Judy H. has originals)
Plan A - $2,928,125.00
Plan B $1,067,006.00
4. Copies of Received Checks and Totals.
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L DeVL.
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1. Development Agreement w/ copy of final plat. (original Final DA in the
Development File) ' t J.-, Lp CY) (-7 c 41 (,) _ 1 {(•:, ry 1 ,e, ' (,
2. Consent and Subordination Agreements. (originals in Development File)
. V.S.S.A.
O Anchobaypro, Inc.
® Green Twig, L.L.C.
O Jennings State Bank
5 Approving City Council Resolution PUD/CUP (5-11-51) — November 22,
2006.
6. Resolution approving sale 1 conveyance of properties to CSM (6-04-18).
and
SEE ATTACHMENT B
RESOLUTION No. V 1 1- ✓ 1
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 CSM EQUITIES LLC FOR A PUD GENERAL PLAN;
STREET AND EASEMENT VACATION; PRELIMINARY/FINAL PLAT;
AND CONDITIONAL USE PERMITS FOR BUILDING HEIGHT,
PARKING AND SIGNAGE; AND A VARIANCE FOR SIGNS TO ALLOW
THE OAK PARK COMMONS DEVELOPMENT SOUTH OF 60 STREET
AND EAST OF WAL MART
APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from CSM
Equities LLC for a PUD general plan; street and easement vacation; preliminary /final plat; and
conditional use permits for building height, parking and signage; and a variance for signs to
allow the Oak Park Commons development south of 60th Street and east of Wal Mart; and after
having conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the request be approved with conditions. The City Council makes the
following findings of fact and resolution:
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:
3. The subject property is zoned B -4, Limited Business District in which
retail sales and services are a permitted use; and
4. The City Council, at their September 27, 2005 meeting, approved a
concept plan for the project known as the Oak Park Commons; and
5. City staff prepared a planning report dated November 3, 2005 reviewing
the request for the PUD general plan and other applications; and
6. The November 3, 2005 planning report recommended approval of the
PUD general plan and other applications subject to the fulfillment of conditions; and
7. The Planning Commission held a public hearing at their November 10,
2005 meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the request be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK IHEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by CSM Equities LLC for a PUD general plan; street and
easement vacation; preliminary /final plat; and conditional use permits for building height,
parking and signage; and a variance for signs to allow the Oak Park Commons development
south of 60 Street and east of Wal Mart and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject
to the following conditions:
1. A preliminary /final plat is subject to review and approval of the City Engineer and City
Attorney.
2. The applicant provide a copy of the purchase agreement to establish property values for
those areas subject to park dedication. Park dedication shall be paid at time of final plat.
3. A public hearing shall be held for vacation of existing right-of-way and utility easements.
The development agreement shall specify the amount and terms for reimbursement to the
City for the vacated right-of-way. A property appraisal shall be submitted to establish
fair market value of the properties that must be conveyed to the applicants. All
reimbursement shall be paid to the City at the time of final plat.
4. The street design of Novak Avenue shall be subject to review and approval of the City
Engineer.
5. The City Engineer shall comment on the traffic analysis provided by the applicant. The
traffic circulation plan and required improvements shall be subject to review and
approval of the City Engineer.
6. The City Council approves the following private and public trail and sidewalks for the
area. Specific sidewalks /trails to be added include:
a. The sidewalk on the west side of Novak Avenue North extend from 58 Street to
60 Street.
2
b. A trail along 60 Street North connecting Norwich Avenue and Novak Avenue
shall be required.
c. A sidewalk connection between Lowe's and Wal Mart to connect the VSSA
property to the south and the CSM development to the north.
7. The City Council finds the proposed building layout and setbacks to be adequate and
approves the general site plan as proposed. Only Buildings A and B of the CSM
development are approved as part of this general plan of development approval.
S. Revised landscape plans and fence details shall be provided for City Council review and
approval related to the screening for the south and east property lines of the Lowe's store.
9. The landscape plans shall be revised according to review and approval of the City
Arborist. Revised plans shall be submitted prior to City Council review. Tree
replacement payments, as calculated by the City Arborist, shall be made at the time of
final plat signing.
10. The grading, drainage and utility plans are subject to the review and approval of the
Public Works Director, City Engineer, and the Brown's Creek Watershed District and the
Middle St. Croix Watershed District.
11. The City accepts the parking ratio of one space per 237 square feet of floor area for the
Lowe's store, resulting in the construction of 529 parking stalls.
12. The trash enclosures shall be relocated or incorporated within Buildings A and B of the
CSM pp
development. The applicant shall provide designs and building materials for the
p
enclosures.
13. All parking lot and building lighting for the development shall be compliant with the
Zoning Ordinance lighting requirements.
14. Deliveries for the CSM development businesses shall be staged at off -peak hours so as
not to create traffic flow issues.
15. The City Council approves the proposed building design and materials for the Lowe's
store and CSM development on plans dated 10/12/05.
16. The freestanding monument sign shall not exceed 20 feet in height or include more than
100 square feet of signage area. All signage shall feature light colored text and logos
with a dark background.
17. Outdoor storage and sales areas for the Lowe's store shall comply with the plans dated
1 0/12/05 and approved as part of this application.
3
18. The project developers shall continue to work with Wal Mart on establishing a cross
connection at the front of the Wal Mart and Lowe's buildings.
19. The applicants shall remove the outdoor advertising sign (billboard) adjacent to 60
pp g g
Street North not more than 90 days after issuance of the first building permit for the
project.
20. The applicant shall be required to enter into a development agreement with the City
subject to review and approval of the City Attorney and City Council. All cross
easements and other easement documents required for this development shall be subject
to review and approval of the City Attorney. All terms of the development improvements
and payment to the City for right - of-way and park dedication shall be specified in the
agreement.
21. The applicant shall bear the costs associated with the construction of Novak Avenue.
22. The applicant secure any and all necessary plat approvals and accesslright -of way
permits from the Minnesota Department of Transportation, the Brown's Creek Watershed
District, and /or the Middle St. Croix Valley Water Management Organization, as may be
required.
2005.
Approved by the City Council of the City of Oak Park Heights this 22 ° day of
Eric A. John - . , City Administrator
Davi i eaudet, Mayor
4
tuber
Parcel 1
All that p art of the North Half of the Northeast Quarter of Section 5, Township 29 North,
Range 20 West, Washington County, Minnesota, described as follows:
Beginning at the Northwest corner of the East 1093.00 feet of said North half of the
� g
Northeast Quarter, as measured at a right angle to the East line of said North Half of the
Northeast Quarter; thence South 01 degrees 52 minutes 14 seconds East, assumed
bearing, along the Westerly line thereof, a distance of 633.04 feet; thence South 89
degrees 51 minutes 37 seconds East 80.05 feet to the West line of the East 1013.00 feet
of said North Half of the Northeast Quarter, as measured at a right angle to said East line
and a p oint hereinafter referred to as Point "A"; thence South 01 degrees 52 minutes 14
seconds East along said Westerly line a distance of 226.10 feet; thence South 89 degrees
42 minutes 13 seconds West 49.31 feet; thence South 01 degrees 52 minutes 08 seconds
East 363.61 feet to the Southerly line of said North Half of the Northeast Quarter; thence
South 89 degrees 42 minutes 13 seconds West along said Southerly line 609.66 feet;
thence North 01 degrees 52 minutes 08 seconds West 594.73 feet to a point hereinafter
referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West from
the before mentioned Point "A" thence South 89 degrees 51 minutes 37 seconds East
along a line, hereinafter referred to as Line "AB", for 479.01 feet to the intersection with
the Westerly line of the East 119100 feet of said North Half of the Northeast Quarter;
thence North 01 degrees 52 minutes 14 seconds West 633.29 feet to the Northerly line of
said North Half of the Northeast Quarter; thence South 89 degrees 43 minutes 00 seconds
East along said Northerly line a distance of 1 00.07 feet to the point of beginning.
Torrens Property
Torrens Certificate No. 60763
Parcel 2
A portion of Tract A, Registered Land Survey No. 114, Washington County, Minnesota.
Torrens Property
Torrens Certificate No. 57414 (Includes other land)
Parcel 3
Parcel 4
AND,
EXHIBIT A
Outlot B, Haase Addition, according to the recorded plat thereof, Washington County,
Minnesota.
Torrens Property
Torrens Certificate No. 56075
The northerly 73 feet of the easterly 686.39 feet of Outlot A, BOUTWELLS LANDING,
Washington County, Minnesota.
The northerly 73 feet of the westerly 83 feet of the Southeast Quarter of the Northeast
Quarter of Section 5, Township 29 North, Range 20 West.
ATTACHMENT B
Planned Unit Development (PUD): General Plan, Street & Easement Vacation,
Preliminary /Final Plat, Conditional Use Permits and Variance
CSM Equities —Oak Park Commons
(formerly known as Village At Oak Park Heights)
Application Materials
O Application Form
• Fees
O Plan Sets (3 Large Scale Sets /20 11X17 Sets)
O Written Narrative and Graphic Materials Explaining Proposal
O Mailing List from Washington County (500' from subject property)
O Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Conference With City Staff Upon Application Submittal: October 26, 2005
Plannin g Commission Public Hearing & Recommendation: November 10, 2005
Required Approvals:
Planning Commission 4 / 5
City Council 415
Certified to be a
true and correct
copy of the original
AMENDED RESOLITTION NO. 0 6- 0 4 -1 8
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION AUTHORIZING AND DICT1NG
THE SALE OF REAL PROPERTY OWNED BY THE
CITY OF OAK PARK HEIGHTS TO GREEN TWIG, LLC, A MINNESOTA LI VIITEB
LIABILITY COMPANY, VALLEY SENIOR SERVICES ALLIANCE, A MINNESOTA
NON - PROFIT CORPORATION, AND CSM EQUITIES, L.L.C.,
A DELAWARE LIMITED LIABILITY COMPANY
KeviStD 1 3\1 k es
rn‘Vitieu►� ..� -zs - o 6
v�
WHEREAS, the City of Oak Park Heights acquired a certain road and utility
easement dedicated by Quit Claim Deed to the City dated October 26, 1990 and filed of record
October 26, 1990 as Document No. 1005324 in the office of the Registrar of Titles in and for
Washington County, Minnesota, described as follows:
Road and utility easements as dedicated in Quit Claim Deed dated Oct. 26, 1990,
filed October 26, 1990, as Document No. 1005324, office of Registrar of Titles,
Washington County, Minnesota, described as follows:
A permanent easement for road and utility purposes over, under and across the South
40.00 feet of the following described tract of land: All that part of the North Half of
the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows: Beginning at the Northwest corner of the
East 1093.00 feet of said North Half of. the Northeast Quarter, as measured at a right
angle to the east line of said North Half of the Northeast Quarter; thence South 01
degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof,
a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05
feet to the west line of the East 1013.00 feet of said North Half of the Northeast
Quarter, as measured at a right angle to said east line and a point hereinafter referred
to as Point "A "; thence South 01 degree 52 minutes 14 seconds East along said
westerly line a distance of 226.10 feet; thence South 89 degrees 42 minutes 13
seconds West 49.31 feet; thence South 01 degree 52 minutes 08 seconds East 363.61
feet to the southerly line of said North Half of the Northeast Quarter; thence South 89
degrees 42 minutes 13 seconds West along said southerly line 609.66 feet; thence
North 01 degree 52 minutes 08 seconds West 594.73 feet to a point hereinafter
referred to as Point "B" which bears North 89 degrees 51 minutes 37 seconds West
from the before mentioned Point "A "; thence South 89 degrees 51 minutes 37
seconds East along a line, hereinafter referred to as Line "AB ", for 479.01 feet to the
intersection with the westerly line of the East 1193.00 feet of said North Half of. the
Northeast Quarter; thence North 01 degree 52 minutes 14 seconds West 633.29 feet
to the northerly line of said North Half of the Northeast Quarter; thence South 89
degrees 43 minutes 00 seconds East along said northerly line a distance of 1 00.07
feet to the point of beginning;
Also, an 80.00 foot wide permanent easement for road and utility purposes over,
under and across that part of above said described tract of land lying 40.00 feet each
side of the above - mentioned Line "AB" from Point "A" to Point "B" (collectively,
"Easement Area 1''); and,
WHEREAS, the City of Oak Park Heights acquired a perpetual easement for
roadwa y and drainage and utility purposes by Warranty Deed dated February 24, 1996, filed of
record on March 6, 1996 as Document No. 876327 in the office of the County Recorder in and for
Washington County, Minnesota affecting real property described as follows:
A perpetual easement for public roadway, drainage and utility purposes conveyed
to the City of Oak Park Heights by Warranty Deed dated February 24, 1996, filed
March 6, 1996, as Document No. 876327, Office of the County Recorder,
Washington County, Minnesota, over all that part of the North Half of the
Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20,
Washington County, Minnesota, which lies within an 80 foot strip whose
centerline is described as beginning at the northwest corner of said Southeast
Quarter of the Northeast Quarter; thence on an assumed bearing of North 89
degrees 42 minutes 10 seconds East along the north line thereof 645.38 feet;
thence southeasterly 268.27 feet along a tangential curve concave to the
southwest having a central angle of 38 degrees 25 minutes 36 seconds and a
radius of 400.00 feet; thence South. 51 degrees 52 minutes 14 seconds East and
tangent to said curve 84.22 feet; thence easterly 279.25 feet along a tangential
curve concave to the north having a central angle of 40 degrees 00 minutes and a
radius of 400.00 feet; thence North 88 degrees 07 minutes 46 seconds East and
tangent to last described curve 113.00 feet to a point on the east line of said North
Half of the Southeast Quarter of the Northeast Quarter distant 440.00 feet north
from the southeast corner thereof and said centerline there terminating.
Reserving unto City of Oak Park Heights all rights and easements granted to the
City of Oak Park Heights pursuant to Perpetual Easement and Agreement filed
May 19, 2000, as Document No. 31 04763, Office of. the County Recorder,
Washington County, Minnesota;
( "Easement Area 2 "); and,
WHEREAS, The City of Oak Park Heights is the fee owner named on Certificate of
Title No. 40499, Office of Washington County Registrar of Titles, regarding land described as
follows:
"That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the
Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, which lies north of the following - described line:
Commencing at the northwest corner of the East 1093.00 feet of. said North Half
of the Northeast Quarter, as measured at a right angle to the east line of. said
North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14
seconds East, assumed bearing, along the westerly line thereof a distance of
633.04 feet to the point of beginning of the line to be described; thence South 89
degrees 51 minutes 37 seconds East 80.05 feet to the west line of the East 1013.00
feet of said North Half of the Northeast Quarter, as measured at a right angle to
said east line and said line there terminate,
and is joining as a declarant in the proposed plat of OAK PARK COMMONS, in which said land
described in Certificate of Title No. 40499 is being dedicated as part of Lots 2 and 7, Block 1,
OAK PARK COMMONS, and Nova Scotia Avenue North; and
WHEREAS, the City of Oak Park Heights has been requested by Green Twig, LLC, a
Minnesota limited liability cornpany, to be allowed to acquire from the City of Oak Park Heights
its interest in and to all of Easement Area 1 described above for the purpose of releasing the
easements created in Document No. 1005324, Office of Registrar of Titles, Washington County,
Minnesota; and
WHEREAS, the City of Oak Park Heights has been requested by Valley Senior Services
Alliance, a Minnesota non - profit corporation, to be allowed to acquired from the City of Oak
Park Heights its interest in and to all of Easement Area 2 described above for the purpose of
releasing the easements created in Document No. 876327, Office of County Recorder, Washington
County, Minnesota; and
WHEREAS, the City of Oak Park Heights has been requested by CSM Equities, L.L.C., a
Delaware limited liability company, to be allowed to acquire from the City of Oak Park Heights its
interest in and to those portions of. Lots 2 and 7, Block 1, of the proposed plat of OAK PARK
COMMONS, embraced within the land described in Certificate of Title No. 40499, and which is
described as follows:
`That part of the West 80.00 feet of the East 1093.00 feet of the North Half of the
Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows:
Commencing at the northwest corner of the East 1093.00 feet of said North Half
of the Northeast Quarter, as measured at a right angle to the east line of said
North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14
seconds East, assumed bearing, along the westerly line thereof a distance of
497.04 feet to the point of beginning; thence southeasterly a distance of 141.46
feet along a tangential curve concaire to the northeast having a radius of 326.00
feet and a central angle of 24 degrees 51 minutes 46 seconds, to the point of
intersection with a line drawn South 89 degrees 51 minutes 37 seconds East from
Y
a point on said westerly line of the East 1093.00 feet of said North half of the
Northea st Quartr as measured at a right angle to the east line of said North Half
of the Northeast Quarter, distant 633.04 South of the point of commencement
described herein, as measured along said westerly line; thence North 89 degrees
d �
51 minutes 37 seconds West 30.23 feet, to said westerly line of said East 1093.00
�
feet;
thence North 01 degree 52 minutes 14 seconds West, along said westerly
line a distance of 136 feet, to the point of beginning. (the "Fee Area"); and
the City of Oak Park Heights has conducted a public hearing held
WHEREAS, tY City City before the
Ci Council of the Ci of Oak Park Heights on February 7, 2006 to determine the public
interest and /or any objections to the sale of the aforementioned properties; and,
WHEREAS, no adverse public comment was received; and,
WHEREAS, the City Council for the City of Oak Park Heights hereby finds that disposal or sa le of the proposed lands has no adverse relationship or impact upon the City's
p i
comprehensive plan; and,
WHEREAS, the City of Oak Park Heights has determined that the sale and
'� � tY
disposition of e
' h above - described lands will facilitate economic development within the City of
Oak Park Heights, g
benefiting tax revenues and employment within the City of Oak Park Heights;
and,
WHEREAS ' the City of Oak Park Heights has obtained a real estate appraisal on the
d roe by Raymond S.R.A., S.R.P.A., to determine the fair market
above-described property rty Y mond W. Kirchner, Y
value of the above- described properties; and,
WHEREAS based upon the aforementioned real estate appraisal and the competing
appraisal obtained by CSM Equities, L.L.C., the City Council for the City of Oak Park
pp Y
Heights hereby ei hts hereb determines that the fair market value of the lands above - described is in the amount
of $241,000.00; and,
WHEREAS Green Twig, LLC (as to Easement Area 1), Valley Senior Services
Alliance (a s to Easement Area 2 ) , and CSM Equities, L.L.C. (as to Fee Area), have offered to
acquire said id lands from the City of Oak Park Heights at its fair market value as determined by the
City Council for the City of Oak Park Heights; and,
WHEREAS, � the City Council determines it to be in the best interest of the City of
Oak Park Heights to sell the aforementioned Easement Area 1 to Green Twig, L.L.C., and Easement
Area Y
a 2 to Valle Senior Services Alliance, and the Fee Area to CSM Equities, L.L.C., a Delaware limited liability company, at fair market value as determined by the City Council.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of
Oak Heights Y
Park Hei hts that the Mayor and City Administrator are hereby authorized and directed to
execute all necessary documents to effect the sale and transfer for $241,000.00 representing the fair
market value of the following referenced properties to Green Twig, L.L.C., a Minnesota limited
liability company, as to Parcel 1, valley Senior Services Alliance, a Minnesota non-profit
corporation, as to Parcel 2, and CSM Equities, L.L.C., a Delaware limited liability company, as to
Parcel 3, real property to be transferred and sold, as follows:
and
Parcel 1:
Road and utility easements as dedicated in Quit Claim Deed dated Oct. 26, 1990,
filed October 26, 1990, as Document No. 1005324, office of Registrar of Titles,
Washington County, Minnesota, described as follows:
A permanent easement for road and utility purposes over, under and across the South
40.00 feet of the following described tract of land: Alt that part of the North Half of
the Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows: Beginning at the Northwest corner of the
East 1093.00 feet of said North Half of the Northeast Quarter, as measured at a right
angle to the east line of said North Half of the Northeast Quarter; thence South 01
degree 52 minutes 14 seconds East, assumed bearing, along the westerly line thereof,
a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05
feet to the west line of the East 1013.00 feet of said North Half of the Northeast
Quarter, as measured at a right angle to said east line and a point hereinafter referred
to as Point "A "; thence South 01 degree 52 minutes 14 seconds East along said
westerly line a distance of 226A0 feet; thence South 89 degrees 42 minutes 13
seconds West 49.31 feet; thence South 01 degree 52 minutes 08 seconds East 363.61
feet to the southerly tine of said North Half of the Northeast Quarter; thence South 89
degrees 42 minutes 13 seconds West along said southerly line 609.66 feet; thence
North 01 degree 52 minutes 08 seconds West 594.73 feet to a point hereinafter
referred to as Point "13" which bears North 89 degrees 51 minutes 37 seconds West
from the before mentioned Point "A "; thence South 89 degrees 5 minutes 37
seconds East along a line, hereinafter referred to as Line "AB ", for 479.01 feet to the
intersection with the westerly line of the East 1193.00 feet of said North Half of the
Northeast Quarter; thence North 01 degree' 52 minutes 14 seconds West 633.29 feet
to the northerly line of said North Half of the Northeast Quarter; thence South 89
degrees 43 minutes 00 seconds East along said northerly line a distance of 100.07
feet to the point of beginning
Also, an 80.00 foot wide permanent easement for road and utility purposes over,
under and across that part of above said described tract of land lying 40.00 feet each
side of the above - mentioned Line "AB" from Point "A" to Point "B ";
Parcel 2:
A. perpetual easement for public roadway, drainage and utility purposes conveyed
to the City of oak Park Heights by Warranty Deed dated February 24, 1996, filed
March 6, 1996, as Document No. 876327, Office of the County Recorder,
Washington County, Minnesota, over all that part of the North Half of the
Southeast Quarter of the Northeast Quarter of Section 5, Township 29, Range 20,
Washington. County, Minnesota, which lies within an 80 foot strip whose
centerline is described as beginning at the northwest comer of said Southeast
Quarter of the Northeast Quarter; thence on an assumed bearing of North 89
degrees 42 minutes 10 seconds East along the north line thereof 645.38 feet;
thence southeasterly 268.27 feet along a tangential curve concave to the
southwest having a central angle of 38 degrees 25 minutes 36 seconds and a
radius of 400.00 feet; thence South 51 degrees 52 minutes 14 seconds East and
tangent to said curve 84.22 feet; thence easterly 27925 feet along a tangential
curve concave to the north having a central angle of 40 degrees 00 minutes and a
radius of 400,00 feet; thence North 88 degrees 07 minutes 46 seconds East and
tangent to last described curve 113.00 feet to a point on the east line of said North
Half of the Southeast Quarter of the Northeast Quarter distant 440.00 feet north
from the southeast corner thereof and said centerline there terminating.
Reserving unto City of Oak Park Heights all rights and easements granted to the
City of Oak Park Heights pursuant to Perpetual Easement and Agreement filed
May 19, 2000, as Document No. 31 04763, Office of the County Recorder,
Washington County, Mi nne s ota;
Parcel (3)- (Fee Area):
"That part of the West 80.00 feet of the East 109100 feet of the North Half of the
Northeast Quarter of Section 5, Township 29 North, Range 20 West, Washington
County, Minnesota, described as follows:
Commencing at the northwest corner of the East 1093.00 feet of said North Half
of. the Northeast Quarter, as measured at a right angle to the east line of said
North Half of the Northeast Quarter; thence South 01 degree 52 minutes 14
seconds East, assumed bearing, along the westerly line thereof a distance of
497.04 feet to the point of beginning; thence southeasterly a distance of 141.46
feet along a tangential curve concave to the northeast having a radius of 326.00
feet and a central angle of 24 degrees 51 minutes 46 seconds, to the point of
intersection with a line drawn South 89 degrees 51 minutes 37 seconds East from
a point on said westerly line of the East 1 093.00 feet of said North half of the
Northeast Quarter as measured at afright angle to the east line of said North Half
of the Northeast Quarter, distant 633.04 South of the point of commencement
2006.
ATTEST:
Eric o f son
Ci ' 4 inistrator
described herein, as measured along said westerly line; thence North 89 degrees
51 minutes 37 seconds West 30.23 feet, to said westerly line of said East 1093.00
feet; thence North 01 degree 52 minutes 14 seconds West, along said westerly
line, a distance of 136 feet, to the point of beginning."
WHICH WILL BE CONVEYED BY QUITCLAIM DEED RELEASING LOTS
2 AND 7 FROM ANY CLAIM OF THE CITY OF OAK PARK HEIGHTS
Passed by the City Council for the City of Oak Park Heights this 25
David Beaudet, Mayor
1
CONSENT AND SUBORDINATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, VALLEY
SENIOR SERVICES ALLIANCE, a Minnesota non - profit corporation, has a Fee Owner's
interest in the real property as described on the attached Exhibit "A" located in Washington
County, Minnesota, pursuant to Limited Warranty Deed filed as Document No. 1163043, Office
of Registrar of Titles, Washington County, Minnesota (as to Outlot A, Boutwells Landing), and
pursuant to Warranty Deed dated January 31, 2006, filed February 8, 2006, as Document No.
, Office of County Recorder, Washington County, Minnesota, as to the land
described in Tract 1 on attached Exhibit A.
THE UNDERSIGNED HEREBY CONSENTS to the recording of the
Developer's Agreement as required by the City of Oak Park Heights in connection with the
approval of the plat of OAK. PARK COMMONS. In addition, the undersigned agrees to convey
upon request releases to or easements for public improvements outlined in he Developer's
Agreement to be constructed upon the premises.
Dated this ?..se day of April, 2006
VALLEY SENIOR SERVICES ALLIANCE,
a Minnesota non-profit corporation
By: � 1 . "� �
Mark T. Meyer
Its Chief Financial Officer
STATE OF MINNESOTA )
COUNTY OF
This instrument was acknowledged before me on ;If , 2006, by Mark T. Meyer,
the Chief Financial Officer of Valley Senior Services Alliance, a non-profit corporation under
the laws of the State of Minnesota, on behalf of the Corporation.
Drafted By:
Doc. 340144
ss.
VALERIE JEAN ALT
Notary itiblic-Minnesota
My Comrn ssion Expke8 Jan 31,2010
WW
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1809 Northwestern Avenue
Stillwater, Minnesota
Notary Public
Qc�
EXHIBIT "A"
PROPERTY DESCRIPTION
Tract 1:
Outlot A, BOUTWELLS LANDING, Washington County, Minnesota.
(Certificate of Title Number 61994)
Tract 2:
The North one -half of the Southeast Quarter of the Northeast Quarter (N 1/2 of SE 1/4 of NE 1/4)
of Section 5, Township 29 North, Range 20 West, Washington County, State of Minnesota,
except those parts of said North one -half of the Southeast Quarter of the Northeast Quarter
described as follows:
Commencing at the Southeast corner of said North % of the Southeast 1 /4 of the Northeast 1/4;
thence North along the East line thereof 560 feet to the point of beginning of this description;
thence Westerly at right angles to the last described line 200 feet to a point; thence North and
parallel to the East line of the Southeast '/4 of the Northeast 1/4, 100 feet to a point on the North
line of said Southeast 1 /4 of the Northeast 1/4; thence East along said North line 200 feet to the
East line of said Southeast 1 /4 of the Northeast 1 /4 of the Northeast 1 /4; thence South along said
East line 100 feet to the point of beginning of this description.
And,
Commencing at the Southeast corner of said North half of the Southeast Quarter of the Northeast
Quarter (N /2 of SE 'A of NE 1 /4); thence North along the East line thereof 182 feet to the point of
beginning; thence continuing Northerly along said East line 218 feet to a point; thence West and
perpendicular to the last described line 200 feet to a point; thence South and parallel to the East
line of said Southeast Quarter of the Northeast Quarter (SE 1 /4 of NE 1 /4) 218 feet to a point;
thence East and perpendicular to the last described line 200 feet to the point of beginning.
(Abstract Property)
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
ANCHOBAYPRO, INC., a Wisconsin corporation, has a Fee Owner's interest in the real
property as described on the attached Exhibit "A" located in Washington County, Minnesota,
and which interest is reflected on Certificate of Title No. 57414, Office of Registrar of Titles,
Washington County, Minnesota.
THE UNDERSIGNED HEREBY CONSENTS to the recording of the
Developer's Agreement as required by the City of Oak Park Heights in connection with the
approval of the plat of OAK PARK COMMONS . In addition, the undersigned agrees to convey
upon request releases to or easements for public improvements outlined in the Developer's
Agreement to be constructed upon the premises.
Dated this day of April, 2006
STATE OF MINNESOTA
COUNTY OF #-9,
CONSENT AND SUBORDINATION AGREEMENT
55.
This instrument was acknowledged before me 2006
by Timothy L. Nolde, the President of Anchobaypro, Inc., a corporation r the laws of the
State of Wisconsin, on behalf of the corporation.
Notary Seal /Stamp
ANCHOBAYPRO, INC.,
a Wisconsi - ation
Tim hy olde
Its President
JEAN M CROSBY
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
Drafted By:
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1 809 Northwestern Avenue
Stillwater, Minnesota
Doc. 340142
EXHIBIT G 6 A"
PROPERTY DESCRIPTION
Tract A, Registered Land Survey No. 114, Washington County, Minnesota
STATE OF MINNESOTA )
ss.
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, GREEN
TWIG, L.L.C., a Minnesota limited liability company, has a Fee Owner's interest in the real
property as described on the attached Exhibit "A" located in Washington County, Minnesota,
which interest is reflected on Certificate of Title No. 60763, Office of Registrar of Titles,
Washington County, Minnesota.
THE UNDERSIGNED HEREBY CONSENTS to the recording of the
Developer's Agreement as required by the City of Oak Park Heights in connection with the
approval of the plat of OAK PARK COMMONS. In addition, the undersigned agrees to convey
upon request releases to or easements for public improvements outlined in the Developer's
Agreement to be constructed upon the premises.
Dated this dg day of April, 2006
This instrument was acknowledged before me on /)L ac)o-C by
Timothy L. Nolde, the Chief Manager of Green Twig, L.L.C, a limited liability company under
the laws of the State of Minnesota, on behalf of the Company.
/7 (
Notar i Public
CONSENT AND SUBORDINATION AGREEMENT
Notary Stamp /Seal:
GREEN TWIG, L.L.C.,
a Minnesot d liability company
Ti othy L. olde
Its Chief Manager
AIL
JEAN M CROSBY
NOTARY PUBLIC MINNESOTA
My Commission Expires Jan 31, 2010
Drafted By:
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1809 Northwestern Avenue
Stillwater, Minnesota
Doc. 340143
EXHIBIT "A"
PROPERTY DESCRIPTION
All that part of the North Half of the Northeast Quarter of Section 5, Township 29 North, Range
20 West, Washington County, Minnesota, described as follows:
Beginning at the Northwest corner of the East 1093.00 feet of said North Half of the Northeast
Quarter, as measured at a right angle to the east line of said North Half of the Northeast Quarter;
thence South 01 degree 52 minutes 14 seconds East, assumed bearing, along the westerly line
thereof, a distance of 633.04 feet; thence South 89 degrees 51 minutes 37 seconds East 80.05 feet
to the west line of the East 1013.00 feet of said North Half of the Northeast Quarter, as measured
at a right angle to said east line and a point hereinafter referred to as Point "A "; thence South 01
degree 52 minutes 14 seconds East along said westerly line a distance of 226.10 feet; thence
South 89 degrees 42 minutes 13 seconds West 49.31 feet; thence South 01 degree 52 minutes 08
seconds East 363.61 feet to the southerly line of said North Half of the Northeast Quarter; thence
South 89 degrees 42 minutes 13 seconds West along said southerly line 609.66 feet; thence
North 01 degree 52 minutes 08 seconds West 594.73 feet to a point hereinafter referred to as
Point "B" which bears North 89 degrees 51 minutes 37 seconds West from the before mentioned
Point "A "; thence South 89 degrees 51 minutes 37 seconds East along a line, hereinafter referred
to as Line "AB ", for 479.01 feet to the intersection with the westerly line of the East 1193.00 feet
of. said North Half of the Northeast Quarter; thence North 01 degree 52 minutes 14 seconds West
633.29 feet to the northerly line of said North Half to the Northeast Quarter; thence South 89
degrees 43 minutes 00 seconds East along said Northerly line a distance of 100.07 feet to the
point of. begiiuzing.
(Certificate of Title Number 60763)
CONSENT AND SUBORDINATION AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, Jennings State
Bank, a Minnesota corporation, has a mortgagee's /lienholder's interest in the real property
described as Tract A, Registered Land Survey No. 114, Washington County, Minnesota, which
interest is reflected on Certificate of Title No. 57414, Office of Registrar of Titles, Washington
County, Minnesota, and identified on the attached Exhibit A.
THE UNDERSIGNED HEREBY CONSENTS to the recording of the
Developer's Agreement as required by the City of Oak Park Heights in connection with the
approval of the plat of OAK PARK COMMONS. In addition, the undersigned agrees to convey
upon request releases to or easements for public improvements outlined in the Developer's
Agreement to be constructed upon the premises.
Dated this 27 day of April, 2006
JENNINGS STATE BAND.
a Minnesota corporation
By:
D. Paul Jennings. Chief Executi e Officer
STATE OF MINNESOTA
COUNTY OF
Doc. 340142
Notary ublic
Drafted By:
) ss.
This instrument was acknowledged before me on ' Y �r-� � ��2006
by D. Paul Jennings, the Chief Executive Officer of Jennings State Bank, a corporation under the
laws of the State of Minnesota, on behalf of the corporation.
Notary Seal /Stamp
KATHERINE LEE KELLER
NOTARY PUBLIC - MINNESOTA
WASHINGTON COUNTY
My COmrnissinn Expires Jars. 31, 2008
Mark J. Vierling
EC BERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1 809 Northwestern Avenue
Stillwater, Minnesota
EXHIBIT A
1. Mortgage executed by Anchobaypro, Inc., dated January 17, 2002, filed April 18, 2002, as
Document No. 1111256, Office of Registrar of Titles, Washington County, Minnesota, in the
original amount of $1,000,000.00, in favor ofJennings State Bank, as amended and modified
by Modifications of Mortgage filed as Document Nos. 1124584, 1133260, 1143124,
1152585, 1159010, and 1164258.
2. Assignment of Leases and Rents executed by Anchobaypro, Inc., dated January 17, 2002,
filed April 18, 2002, as Document No. 1111258, Office of Registrar of Titles, Washington
County, Minnesota, in favor of Jennings State Bank.
3. Mortgage executed by Anchobaypro, Inc., dated January 17, 2002, filed April 18, 2002, as
Document No. 1111257, Office of Registrar of Titles, Washington County, Minnesota, in the
original amount of $215,000.00, in favor ofJennings State Bank, as amended and modified
by Modifications of Mortgage filed as Document Nos. 11245 85, 1133259, 1143125,
1152584,1159012, and 1164257.
4. Assignment of Rents executed by Anchobaypro, Inc., dated January 17, 2002, filed April 19,
2002, as Document No. 1111327, Office of Registrar of Titles, Washington County,
Minnesota, in favor of Jennings State Bank.
5. Mortgage executed by Anchobaypro, Inc., dated November 29, 2002, filed February 25,
2003, as Document No. 1124424, Office of Registrar of Titles, Washington County,
Minnesota, in the original amount of $96,937.65, in favor of Jennings State Bank, as
amended and modified by Modifications of Mortgage filed as Document Nos. 1133261,
1152586, 1159009, and 1164256.
6. Assignment of Rents executed by Anchobaypro, Inc., dated November 29, 2002, filed
February 25, 2003, as Document No. 1124425, Office of Registrar of Titles, Washington
County, Minnesota, in favor ofJennings State Bank.
7. Mortgage executed by Anchobaypro, Inc., dated May 23, 2003, filed August 7, 2003, as
Document No. 1133257, Office of Registrar of Titles, Washington County, Minnesota, in the
original amount of $48,225.00, in favor of Jennings State Bank, as amended and modified by
Modifications of Mortgage filed as Document Nos. 1143123, 1152583, 1159011, & 164255.
8. Assignment of Rents executed by Anchobaypro, Inc., dated May 23, 2003, filed August 7,
2003, as Document No. 1133258, in favor of Jennings State Bank.
9. UCC Financing Statement filed June 10, 2002, as Document No. 1113133,
Date: April 28, 2006
BENEFICIARY
City of. Oak Park Heights
14169 Oak Park Blvd.
Oak Park Heights, MN 55082
Attn: Eric Johnson -City Administrator
Dear Sir or Madam:
Partial drawings permitted.
Each draft under this Letter of Credit must:
1. Be signed on behalf of the City;
Associated Bank, N.A.
Da
rra
. Erhardt, Assistant Vice President
Must be most recent version.
Associated Bank
IRREVOCABLE STANDBY LETTER OF CREDIT NO. DCN4079
APPLICANTS)
CSM Financial, L.L.C.
500 Washington Ave. S., Suite 3000
Minneapolis, MN 55415 -1151
We hereby establish in favor of the City of Oak Park Heights this Irrevocable Standby Letter of Credit No.
DCN4079 for the account of CMS Financial, L.L.C. for Oak Park Commons in an aggregate amount of.
81,067,000.00 (One Million Sixty Seven Thousand and no /100 U.S. Dollars).
This LETTER OF CREDIT shall be deemed automatically extended without modification for one -year (1) from
April 28, 2007 or any extended expiration date unless sixty (60) days or more prior to such date we shall notify you
by registered or certified mail that we elect not to extend this LETTER OF CREDIT for any such additional period.
2. Bear on its face the clause "drawn under Associated Bank, N.A. Letter of Credit Number DCN4079 dated
April 28, 2006; and
3. Be accomplished by a certification signed on behalf of the City of Oak Park. Heights that either (i) CSM
Equities, L.L.C. has failed to comply with the terms of the April 28, 2006 Developer's Agreement as
executed between CSM Equities LLC and City of Oak Park Heights relative to the construction of the Plan
B Improvements as specified therein, or (ii) this Letter of Credit will expire within sixty (60) days and this
Letter of Credit has not been renewed or replaced as required.
The original of this Letter of Credit is NOT required to be presented to draw upon this Letter of Credit. We hereby
engage with drawers and/or bona fide holders that drafts drawn and negotiated in conformity with the terms of the
credit will be duly honored upon presentation.
Except as otherwise state herein, this Letter of Credit shall be governed by the most recent version of the Uniform
Customs and Practice for Documentary Credits (1993 Revision*), International Chamber of Commerce Publication
No. 500.
5353 Wayzata Blvd. • St. Louis Paris, MN 55416 - 1.374 • 952 - 591 -2865 • Fax 952-591 -2764
NMP3S7
Date: April 28, 2006
BENEFICIARY
City of oak Park Heights
14169 Oak Park Blvd.
Oak Park Heights, MN 55082
Attn: Eric Johnson -City Administrator
Dear Sir or Madam:
Partial drawings perrnitted.
Associated Bank, N.A.
. Erhardt, Assistant Vice President
* Must be most recent version.
e4S
Associated Bank
IRREVOCABLE STANDBY LETTER OF CREDIT NO. DCN4O8O
APPLICANT(S)
CSM Financial, L.L.C.
500 Washington Ave. S., Suite 3000
Minneapolis, MN 55415 -1151
We hereby establish in favor of the City of oak Park Heights this Irrevocable Standby Letter of Credit No.
DCN4080 for the account of CMS Financial, L.L.C. for Oak Park Commons in an aggregate amount of
$2,928,125.00 (Two Million Nine Hundred Twenty Eight Thousand One Hundred Twenty Five and no /100 U.S.
Dollars).
This LETTER OF CREDIT shall be deemed automatically extended without modification for one -year (1) from
April 28, 2007 or any extended expiration date unless sixty (60) days or more prior to such date we shall notify you
by registered or certified mail that we elect not to extend this LETTER OF CREDIT for any such additional period.
Each draft under this Letter of Credit must:
1. Be signed on behalf of the City;
2. Bear on its face the clause "drawn under Associated Bank, N.A. Letter of Credit Number DCN4O80 dated
April 28, 2006; and
3. Be accomplished by a certification signed on behalf of the City of Oak Park Heights that either (i) CSM.
Equities, L.L.C. has failed to comply with the terms of the April 28, 2006 Developer's Agreement as
executed between CSM Equities LLC and the City of Oak Park Heights relative to the construction of the
Plan A Improvements as specified therein, or (ii) this Letter of Credit will expire within sixty (60) days and
this Letter of Credit has not been renewed or replaced as required.
The original of this Letter of Credit is NOT required to be presented to draw upon this Letter of Credit. We hereby
engage with drawers and/or bona fide holders that drafts drawn and negotiated in conformity with the terms of the
credit will be duly honored upon presentation.
Except as otherwise state herein, this Letter of Credit shall be governed by the most recent version of the Uniform
Customs and Practice for Documentary Credits (1993 Revision *), International Chamber of Commerce Publication
No. 500.
5353 Wayzata Blvd. • St. Louis Park, MN 55416-1374 • 952 -591 -2865 • Fax 952 - 591 -2764
NMP3r7
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