HomeMy WebLinkAbout2004-07-08 OPH Ltr to CACity of Oak Park Heights
14168 Oak Park Blvd N.• Box 2007 • Oak Park Heights, MN 55082 • (651) 439-4439 • Fax 439-0574
July 8' 2004
Attorney Mark Vier ling
Eckberg, Lammers, Briggs, Wolff & Vierling
1835 Northwestern Ave.
Stillwater, MN 55082
Attorney Tony Gleekel
Siegel, Brill, Greupner, Duffy and Foster, P. A.
1300 Washington Square
100 Washington Ave. South
Minneapolis, MN 55401
RE: Kohls Phase II Documents & Property Exchange
Gentlemen,
Enclosed you will find the following set of original documents:
1. Supplemental Developer's Agreement of 9/10/04 Li 5.s
2. Non-Exclusive Easement for Driveway & Sign Purposes •
3. Easement for Utility and Sanitary Lift Station and Access —
4. Land Conveyance - Water Tower Property
My office has retained copies of these. It is my understanding that Mark Vierling will have these
documents recorded andior filed as appropriate.
I apologize for the delay, Mayor Beaudet was out of town. If you have any further questions please contact
me.
c John ,
City Administrtor
Cc: Julie Hultman - Shoppes of Oak Park Heights - Phase II project
THIS SUPPPLEMENTAL AGREEMENT, made and entered into this day of June,
2004, by and between the City of Oak Park Heights, a municipal corporation under the laws of the
State of Minnesota (the "City "), and The Shoppes of Oak Park Heights, LLC, (the "Developer ").
WITNESSETH; That:
(the "Subdivision "); and,
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SUPPLEMENT TO
DEVELOPER'S AGREEMENT
OF
September 10, 2003
WHEREAS, the Developer had previously made application to the City Council for
approval of a Planned Unit Development on land within the corporate limits of the City described
as follows:
Outlot B Brackey Addition, according to the plat thereof; Washington County,
except that part platted as Trunk Highway No. 36 per Minnesota Department of
Transportation Right of way Plat No. 82 -84
(the "Subdivision "); and approval was granted thereon with a Development Agreement being
executed on September 10, 2003, and;
WHEREAS, the Developer has made application to the City Council for approval of a
Phase II of the Planned Unit Development on land within the corporate limits of the City described
as follows:
"The Shoppes of Oak Park Heights 2nd Addition"
WHEREAS, the City Council has on April, 27, 2004, granted General PUD approval to a
portion of the Subdivision described as Phase II, The Shoppes of flak Park Heights 2nd Addition,
on the condition that the Developer enter into this Agreement stipulating the conditions for the
installation of public improvements as well as the development of on -site improvements
hereinafter described, all in accordance with the terms and conditions hereinafter set forth;
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Private site and Public improvements to be installed at
Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A
Improvements.
1. PLAN A IMPROVEMENTS FOR THE SHOPPES OF OAK PARK 2ND
ADDITION HEIGHTS. The Developer will construct at Developer's expense the
following improvements under Plan A according to the following terms and
conditions:
A. The Developer shall do all site grading, common greenway and open spaces,
storm water storage ponds, surface drainage ways and all private driveways
including sodding of boulevards, all in accordance with the approved
grading, drainage and site plan. A grading plan with maximum two (2) foot
contours, pad elevations, drainage provisions, erosion control provisions and
cross sections, as necessary, has been submitted to and approved by the City.
Any changes to the grading plan during construction shall be submitted to
the City for approval. Each building site must conform to the grading plan
approved by the Building Inspector of the City of oak Park Heights prior to
a building permit being issued.
B. The Developer shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented
by the topography and soil of the subdivision in order to create the
best potential for preventing soil erosion. The Developer shall
follow the approved erosion control plan.
2. Erosion and siltation control measures shall be coordinated with the
different stages of development, Appropriate control measures as
required by the City Engineer shall be installed prior to development
and as may be necessary to control erosion.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as
construction progresses. The smallest practical area of land shall be
exposed at any one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside
for respreading over the developed area. The topsoil shall be
restored to a depth of at least four (4) inches and shall be of a quality
at least equal to the soil quality prior to development.
2
5. The Developer shall not locate its equipment within the rights -of-
way of 5 8th Street North, Norell Avenue North or Krueger Lane as
acquired by the City of Oak Park Heights adjacent to this
development without the express written consent of the City
Engineer. Developer shall not locate its equipment within the right of
way of 60th Street North adjacent to this development without the
express written consent of the Minnesota Department of
Transportation, District 5 offices as located in Oakdale, Minnesota.
C. The Developer shall place iron monuments at all lot and block comers and at
all other angle points on boundary lines. Iron monuments shall be replaced
after all street and lawn grading has been completed in order to preserve the
lot markers.
D. The Developer shall be responsible for maintaining the location of and
protecting curb stops, water services and sewer services. Any service or
curb stop damaged shall be repaired or replaced as specified by the City.
The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading) or driveway surface.
E. The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. Final
landscaping plans have been submitted to the office of the City Planner and
have been approved.
F. The Developer shall be responsible for street maintenance, including curbs,
boulevards, sod and street sweeping until the project is complete. All streets
shall be maintained free of debris and soil until the subdivision is completed.
Warning signs shall be placed when hazards develop in streets to prevent
the public from traveling on same and directing attention to detours. The
repair of any damage done to the streets or public utilities by Developer or
any of its Contractors or Subcontractors, shall remain the financial
responsibility of the Developer.
G. The Developer furnished site lighting in accordance with the City Ordinance
requirements pursuant to the plan which has been approved by the City
Planner. The City may in the future install lighting around the perimeter of
the site within the right of way and easement areas. The costs of
construction of the lighting shall be assessed against the subject property.
Developer hereby waives Notice of Improvement hearing; Notice of
Assessment hearing and waives right of appeal thereon as otherwise
provided in Minnesota Statutes 429.031, 429.061 and 429.081,
respectively.
H. The Developer shall dedicate and survey all drainage and storm water
holding ponds as required by the Browns Creek Watershed District
(hereinafter "BCWD") and the City Engineer to be shown on the final plat.
The Developer has obtained MnDOT Approval, and thus the pond shall be
private as provided in the September 10, 2003 Developer's Agreement. The
Developer (i) shall not be required to dedicate it to the City, and (ii) shall be
responsible for pond dredging and cleaning as required by the BCWD/City.
The Developer shall be responsible for storm sewer cleaning and holding
pond dredging, as required, by the City prior to completion of the
development.
The BCWD is requiring Developer to dedicate storm water drainage areas
and a site holding pond to serve Developer's project all being consistent
with approvals previously granted Phase I of this project.
J. The Developer shall be responsible for securing all necessary approvals, and
permits from all appropriate federal, state, regional, watershed and local
jurisdictions prior to the commencement of site grading The Developer
shall secure the appropriate MnDOT stormwater access permits for the
access onto the MnDOT right of way for stormwater flows.
K. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines on the Plat except the same shall be 15 feet
along Krueger Lane.
L. Wetland Designation. Any areas classified as wetlands shall be displayed
upon the plat and those so specified by the City Engineer shall be dedicated
to the public for that purpose.
M. Tree Protection and Clearing: Provided for in the Phase I project Developer's
Agreement of September 10, 2003
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Boulevard and swale sod $ included in Phase I
2. Landscaping $ included in Phase I
3. Street signs $ included in Phase I
4. Street lights $ Included in Phase I
4
5. On site ponding and $ included in Phase I
BCWD requirements
6. Menard's Pond BCWD requirements
7. Wal -Mart Pond Modifications
8. Erosion Control
7. Pond Protection & Restoration
9. Utility Protection & Repair
10. Street Protection & Repair
11. Street access to Norell Ave. No.
12. Sidewalks /Trails Norell/Krueger
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ included in Phase I
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %): $ included in Phase I
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
SECURITY REQUIREMENT (25 %)
TOTAL PLAN A ESCROW
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
"THE SHOPPES OF OAK PARK HEIGHTS"
$ included in Phase I
$ included in Phase I
$ included in Phase I
$ included in Phase I
$ included in Phase I
$ included in Phase I
$ included in Phase I
$ To Be Assessed-
$ included in Phase I
$ included in Phase I
$ included in Phase I
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having Jurisdiction.
5
C. Easements. The Developers shall dedicate to the City, upon approval of the
final plat, at no cost to the City, all permanent or temporary easements
necessary for the construction and installation of the Plan A Improvements
as determined by the City. All such easements required by the City shall be
in writing, and in recordable form, containing such terms and conditions as
the City shall determine. If within the platted area, all such easements shall
be dedicated to the City and specifically described within the Plat. As it
affects all easements located outside the platted area, the same shall be
dedicated by separate easement conveyed to the City of Oak Park Heights
prior to or contemporaneously with the execution of the Development
Agreement. The Developer shall pursuant to the approved site plan locate
parking stalls within the drainage and utility easement adjacent to the west
side of the City's lift station as identified on The Shoppes of oak Park
Heights 2nd Addition Plat.
D. Faithful Performance of Construction Contracts. The Developer will fully
and faithfully comply with all terms and conditions of any and all contracts
entered into by the Developer for the installation and construction of all Plan
A Improvements and hereby guarantees the workmanship and materials to
the City for a period of one year following the City's final acceptance of the
Plan A Improvements. Concurrently with the execution of this agreement
Developer does hereby extend the Letter of Credit previously supplied to the
City of Oak Park Heights for Phase I of the Kohl's project guaranteeing the
performance by Developer of the construction of these Plan A
Improvements in a timely and proper manner. Additionally, Developer
guarantees and agrees that, should the City of Oak Park Heights need to
apply a claim on said Letter of Credit in the event of default under this
agreement, that Developer shall pay all attorney's fees and administrative
expenses associated with said action. Security as provided under this
section shall be proportionately released upon certification by the City
Engineer that the Developer has satisfactorily completed the various
performances due in constructing the Plan A Improvements on both Phase
I and Phase II of this project. The letter of Credit term shall initially be for
a period of one year but shall be renewed in an amount equal to the
amount of unfinished Plan A Improvements, plus the Administrative and
Security amounts set forth in Paragraph 2, for an additional year on
demand of the City. The term. Phase I applies to the obligations referenced
in the September 10, 2003 Developer's Agreement regarding the Kohl's
site. Phase 11 refers to the obligations referenced herein.
4. Developer Performance Requirements
A. Connection Charges. All connection charges have been paid in full.
B. City Application and Processing Charges. Pursuant to the application filed
by the Developer for this development all fees incurred by the City in
processing this application shall be paid by the Developer /Applicant.
The City grant to he Developer and its successors and assigns of the option
to purchase a permanent easement for the Driveway and Sign ("Basement")
as referenced in the Development Agreement of September 10, 2003 has
been exercised and completely fulfilled by the parties.
D. Pedestrian Access and Walkway /Trails.
The Developer agrees to facilitate pedestrian access to its site pursuant to the
September 10, 2004 Development Agreement.
E. Site Requirements: (Phasjj)
1. The final plat and all required easements shall be subject to review and approval of the
City Engineer, City Attorney and MnDOT.
2. The site plan shall be revised, subject to review and a proval of the City Engineer, to
incorporate two exiting lanes from the main access at 60 Street.
3. The grading, drainage and erosion control plans are subject to review and approval by the
City Engineer and Browns Creek Watershed District.
4. The utility plans are subject to review and approval of the City Engineer.
5. Removal and restoration of asphalt and other improvements at the lift station shall be at
the applicant's expense and subject to review and approval of the City Engineer and
Public Works Director.
6, The City Council has determined the proposed building architecture, materials selection
and colors are substantially in conformance with the City's Design Guidelines.
7. The solid overhead service doors on the east facade of the Discount Tire building should
be replaced with partial glass doors, subject to review and approval of City staff.
8. The landscape plan shall be subject to review and approval of the City Arborist.
7
9. The applicant shall submit a trash enclosure plan for the Ruby Tuesday's building subject
to review and approval of City staff.
10. All lighting fixtures shall comply with Section 401.15.B.7 of the Zoning Ordinance
related to type of fixture and allowable foot candles.
11. The City Council should comment on the use of decorative architectural lighting for the
Ruby Tuesday building.
12. A variance will granted by separate permit for signage to allow only the following wall
signs at Discount Tire and Ruby Tuesday's:
Discount Tire:
One 98 square foot lighted sign on the north elevation
One 98 square foot lighted sign on the east elevation
One 98 square foot unlighted sign on the west elevation
Ruby Tuesday:
One 20 square foot lighted sign on the north elevation
One 78 square foot lighted Ruby Tuesday's sign and one 10 square foot awning sign
on the west facade
One 20 square foot lighted sign on the east elevation
5. General Provisions
A. Binding Effect. The terms and provisions hereof shall be binding upon and
inure to the benefit of the heirs, representatives, successors and assigns of
the parties hereto and shall be binding upon all future owners of all or any
part of the Subdivision and shall be deemed covenants running with the
land. References herein to Developer, if there be more than one, shall mean
each and all of them. The Agreement, at the option of the City, shall be
placed on record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Subdivision and all recording fees, if
any, shall be paid by the Developer.
B. Final Plat Approval. The City has given final approval to the PUD/plat of
the Subdivision (THE SHOPPES OF OAK PARK. HEIGHTS 2nd
ADDITION) upon execution and delivery of this Agreement and of all
required documents and security, subject to compliance with the Ordinances
of the City and terms and provisions hereof, permits may be issued by the
City.
8
C. P.U.D. Permit. The City of oak Park Heights shall file the Planned Unit
Development Permit for the areas provided in the office of the County
Recorder. Providing that the Developer has fully performed is not in default
under the terms of the Development Agreement, the City shall provide
appropriate releases to the financial performances of Plan A improvements.
D. Establishment of Construction Schedules. The City Engineer shall have the
right to review and approve construction schedules for Plan A improvements
and will consult with Developer prior to establishing same.
E. Zoning. THE SHOPPES OF OAK PARK HEIGHTS 2nd Addition has been
designated a zoning classification of B-2 by the City Council. All future use
and development shall comply with the applicable provisions of the relevant
zoning ordinance of the City of oak Park Heights relating thereto
F. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than .5 %.
G. Landscaping. A final landscaping plan shall be developed and submitted to
the City Planner by Developer. In addition the following
modifications to the landscape plan shall be implemented subject to
final modifications by the City Planner.
H. Counterparts. This Lease may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall constitute
one and the same instrument. Signatures on this Agreement delivered by
facsimile or telecopier shall be considered original signatures for purposes of
effectiveness of this Lease.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
In the presence of:
In the presence of:
By
By
CITY 0
10
ay Cott
Its President
David B eaudet
Mayor
HTS
Johnson
dminlstrator
'44'
THE SHOPPES OF OAK PARK HEIGHTS, LLC
STATE OF MENINESOTA )
: ss.
COUNTY OF WASHINGTON)
On this 71-r day of Lu 2004, before me a Notary Public, within and for
said County personally appeared David'Beaudet and Eric Johnson known, being each by me duly
sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park
Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to
said instrument is the corporate seal of said corporation, and that said instrument was signed and
sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and
Administrator acknowledged said instrument to be the free act and deed of said municipal
corporation.
M
STATE OF MINNESOTA )
: ss.
COUNTY OF C (Lc J Q )
On this day of :SU kr\ , 2004, before me a Notary Public, within and for
said County personally appeared Jay Scott, to me personally known, being each by me duly sworn
did say that they are respectively the President of The Shoppes of Oak Park Heights, LLC, a
Minnesota limited liability company named in the foregoing instrument; and said President
acknowledged said instrument to be the free act and deed of said limited liability company.
FOLLOWING NEGOTIATION WITH DEVELOPER'S COUNSEL
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439-2878
AAAAAAAAAAAAAAAAAAAAAAAAAAAWAA
JOHNSON
NOTARY PUBLIC - MINNESOTA
JULIE R.
}
.;s WASHINGTON COUNTY H
IHF
My Comm. Expires Jan. 31, 2005 Notary Pub
11
Notary Public
NON - EXCLUSIVE EASEMENT
FOR DRIVEWAY AND SIGN PURPOSES
This indenture made this 2.3 day of TV V' -
2004 by and between the
CITY Of OAK PARK HEIGHTS, a municipal corporation organized under the laws of the State
of Minnesota, Grantor, and THE SHOPPES OF OAK PARK HEIGHTS, L.L.C., a limited
liability corporation, Grantee.
WITNE S SETH o
WHEREAS, the above -named Grantor is the owner in fee simple of real estate
described as Outlot A, WAL -MART ADDITION, Washington County, Minnesota; and,
WHEREAS, that in and for consideration of the sum of One Dollar ($1.00),
Grantee's conveyance of the Watertower parcel to Grantor, and other good and valuable
consideration, the receipt of which is hereby acknowledged, the Grantor has this day bargained
and sold and by these presents does hereby bargain, sell and transfer unto the Grantee, its
successors, heirs and assigns, the following:
A perpetual nonexclusive easement that runs with and benefits Lots 1 and 2,
Block 1, The Shoppes of Oak Park Heights, for the use, construction, repair and maintenance for
driveway access, and for the construction, repair and maintenance of a sign, with the right to
enter upon real estate hereinafter described at any time that the Grantee may see fit and
construct, maintain and repair (i) a driveway access and (ii) sign over and across the lands
hereafter described. The driveway access shall be coordinated with the Grantor's location of
public trails and pathways which may intersect the driveway access from both northerly and
southerly directions and shall not obstruct, but be coordinated with such public trails and
sidewalks. Grantor also reserves all rights relative to subsurface location of utility lines for
water, sewer storm sewer, or other municipal utilities. Grade elevations on the driveway access
shall be subject to the approval of the Grantor through the offices of the City Engineer.
That said perpetual nonexclusive easement for driveway purposes as located
within the City of Oak Park Heights in the County of Washington, State of Minnesota, is hereby
described as follows, to -wit:
A non-exclusive, perpetual easement for ingress and egress purposes over, under
and across that part of Outlot A, WAL -MART ADDITION, Washington County,
Minnesota, described as follows:
Commencing at the south comer of said Outlot A; thence North 1 degrees 52
minutes 03 seconds West, assumed bearing, along the West line of said Outlot A a
distance of 121.94 feet to the actual point of beginning; thence continuing North 1
degrees 52 minutes 03 seconds West along the West line of said Outlot A a
distance of 50.04 feet; thence South 89 degrees 33 minutes 51 seconds East a
distance of 24.07 feet; thence easterly 77.96 feet along a tangential curve concave
to the southwest having a radius of 100.00 feet and a central angle of 44 degrees
40 minutes 04 seconds; thence South 44 degrees 53 minutes 48 seconds East a
distance of 15.58 feet more or less to the East line of said Outlot A; thence
southwesterly along the East line of said Outlot A a distance of 60.06 feet on a
non-tangential curve concave to the southeast having a radius of 380.00 feet, a
central angle of 9 degrees 03 minutes 22 seconds having a chord which bears
South 45 degrees 09 minutes 54 seconds West; thence North 44 degrees 53
minutes 48 seconds West and not tangent to said curve a distance of 25.63 feet;
thence westerly 3 8.9 8 feet along a tangential curve concave to the southwest
having a radius of 50.00 feet and a central angle of 44 degrees 40 minutes 04
seconds; thence North 89 degrees 33 minutes 51 seconds West tangent to said
curve a distance of 7,83 feet more or less to the point of beginning.
( "Driveway Easement ")
2
That said perpetual, nonexclusive easement for sign purposes, as located within
the City of Oak Park Heights in the County of Washington, State of Minnesota, is hereby
described as follows, to wit:
A sign easement lying over, under and across that part of Outlot A, WAL -MART
ADDITION, Washington County, Minnesota, described as follows:
Commencing at the south corner of said Outlot A; thence North 1 degrees 52
minutes 03 seconds West, assumed bearing, along the West line of said Outlot A,
a distance of 171.98 feet; thence South 89 degrees 33 minutes 51 seconds East, a
distance of 24.07 feet; thence easterly 57.05 feet along a tangential curve concave
to the southwest having a radius of 100.00 feet and a central angle of 32 degrees
41 minutes 06 seconds to the point of beginning; thence North 47 degrees 25
minutes 48 seconds East, a distance of 22.20 feet; thence South 44 degrees 53
minutes 46 seconds East, a distance of 37.58 feet more or less to the East line of
said Outlot A; thence southwesterly 20.12 feet along a non - tangential curve
concave to the southeast having a radius of 380.00 feet and a central angle of 3
degrees 01 minutes 59 seconds having a chord which bears South 51 degrees 12
minutes 41 seconds West; thence North 44 degrees 53 minutes 48 seconds East,
not tangent to said curve, a distance of 15.58 feet; thence northwesterly 20.91 feet
along a tangential curve concave to the southwest having a radius of 100.00 feet
and a central angle of 11 degrees 58 minutes 58 seconds to the point of beginning.
( "Sign Easement ")
The Driveway Easement and Sign Easement are also depicted on the sketch
attached hereto and incorporated herein as Exhibit A. IlluigglecItted within the Sign
Easement area shall be constructed as identi zed on Exhibit B. All landsca i in around the
si: n shall be desi ned and maintained under 3 et in heir itt to enhance vrsi ill or tra tc
purposes as well. Final designs ofthe landscaping and any future replacements ofthe Sign
shall be sub sect to the a royal o the cit o Oak Park .lei hts..
That the Grantor does hereby covenant with Grantee that it is lawfully seized and
possessed of the real estate above - described, and that said real estate is unencumbered.
It is understood and agreed that the Grantee will restore the lands to as good or
better condition as it was prior to the time of any excavation for the construction of the driveway
3
or sign, and restore any connections to public trails and sidewalks that become damaged in the
process of locating or constructing Grantee's driveway.
It is further agreed and understood that the Grantee will forthwith resod all areas
where necessary on said lands from which it is necessary to remove or damage the sod thereon
during the process of the construction and location of their driveway.
It is further agreed and understood that this Easement shall not be modified or
amended without the express written consent of both the Grantor and the Grantee.
It is further agreed that this Easement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall constitute one and
the same instrument. Signatures on this Agreement delivered by facsimile or telecopier shall be
considered original signatures for purposes of effectiveness of this Lease.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed and dated on the date and year first above - written.
CITY
By:
By:
4
4,4i
D. icl Ceaudet
Its Ma
ric Johnso
Its City A sF istrator
HEIGH
SS
COUNTY OF WASHINGTON)
STATE OF MINNESOTA
Y
On this da y of JIA to , 2004, before me a Notary Public,
within
and for said County personally appeared David Beaudet and Eric Johnson, to me personally known,
being each by me duly sworn did say that they are respectively the Mayor and the Administrator of
the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and
that the seal affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council and said Mayor and Administrator acknowledged said instrument to be the free act and
deed of said municipal corporation.
JULIE R. JOHNSON
NOTARY PUBLIC — MINNESOTA
WASHINGTON COUNTY
M y Comm. Expires Jan. 31, 2005
® r
STATE OF MINNESOTA )
ss.
This Instrument Drafted by:
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1835 Northwestern Avenue
Stillwater, Minnesota 55082
C
N Public
THE SHOPPES OF OAK PARK HEIGHTS, E.L.C.
B
Its 9c }& 1 4
5
Notary Public
COUNTY OF Carver )
On this a of r o . , 2004, before me a Notary Public, within
and for said County personally appeared Jay Scott, to me personally known, being duly swon did
say that he is the President of THE SHOPPES OF OAK PARK. HEIGHTS, L.L.C., , named in the
foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed on behalf of said limited liability
company by authority of its Board of Governors and said Jay Scott acknowledged said instrument to
be the free act and deed of said limited liability company.
Ir
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KAREN L BU FTON
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES
1/31/2008
EXHIBIT A
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EASEMENT FOR UTILITY AND
SANITARY SEWER LIFT STATION AND ACCESS
This indenture made this day of Svoce-- , 2004 b and between the
Y by
THE SHOPPES OF OAK PARK HEIGHTS, L.L.C., a limited liability corporation, Grantor, and
CITY OF OAK PARK HEIGHTS, a municipal corporation organized under the laws of the State
of Minnesota, Grantee.
WITNESSETH:
WHEREAS, the above -named Grantor is the owner in fee simple of real estate
described as Lot 1, Block 1, THE SHOPPES OF OAK PARK HEIGHTS 2ND ADDITION; and,
WHEREAS, that in and for consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor
has this day bargained and sold and by these presents does hereby bargain, sell and transfer unto
the Grantee, its successors, heirs and assigns, the following:
A perpetual easement for driveway access, public utility and sanitary sewer lift
station purposes with the right to enter upon the real estate hereinafter described at any time that it
may see fit, and construct, maintain and repair any lines, equipment, materials, surfacing or other
items for public utility and access purposes or the purpose of maintaining, repairing or replacing the
said public utilities over, across, through and under the lands hereinafter described, together with the
right to repair and replace utilities, and the further right to remove obstructions interfering in the
location, construction and maintenance of said public utility.
That said private access and public utility easement to be located within the City
of Oak Park Heights in the County of Washington, State of Minnesota, is hereby described as
follows, to-wit:
That part of Lot 1, Block 1, THE SHOPPES OF OAK PARK HEIGHTS 2
ADDITION, according to the recorded plat thereof, Washington County,
Minnesota, described as follows:
Commencing at the northeast corner of the Northeast Quarter of the Northwest
Quarter of Section 5, Township 29, Range 20; thence North 89 degrees 36
minutes 32 seconds West, assumed bearing along the north line of said Northeast
Quarter of the Northwest Quarter, a distance of 885.00 feet; thence South 00
degrees 23 minutes 28 seconds West, perpendicular to said north line, a distance
of 110.00 feet; to the actual point of beginning of the land to be described; thence
South 89 degrees 36 minutes 32 seconds Bast, parallel with said north line, a
distance of 29.87 feet; thence North 00 degrees 23 minutes 28 seconds East, a
distance of 42.00 feet to a point on a line Tying 68 feet southerly of and parallel to
said north line; thence North 89 degrees 36 minutes 32 seconds West, along said
parallel line, a distance of 29.87 feet; thence South 00 degrees 23 minutes 28
seconds West, a distance of 42.00 feet to the actual point of beginning.
That the Grantor does hereby covenant with Grantee that it is lawfully seized and
possessed of the real estate above - described.
IN WITNESS WHEREOF, the parties have caused this instrument to be
executed and dated on the date and year first above - written.
THE SHOPPES OF OAK PARK HEIGHTS, L.L.C.
2
Its Pei° -4 ht 4
STATE OF MINNESOTA )
: ss.
COUNTY OF c ury e(
On this da y of :3o e , 2004, before me a Notary Public, within
and for said County personally appeared Jay Scott, to me personally known, being duly sworn did
say that he is respectively the President of THE SHOPPES OF OAK PARK HEIGHTS, L.L.C.,
named in the foregoing instrument; and that said instrument was signed and sealed on behalf of said
limited liability company by authority of its Board of Governors and said Jay Scott acknowledged
said instrument to be the free act and deed of said limited liability company.
Notary Public
David Beaudet
Its Mayor
3
_{ *� KARL i T oN
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES
1/39/2.008
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"v v"serv't�✓``'= : �:�'t;�,�- �{���L ��ti'7n,iJ.py��c1�'y"�.u�. • x
ric Johnson
Its City Ad f strator
CL.F1
STATE OF MINNESOTA )
ss
COUNTY OF WASHINGTON)
On this 1 day of , 2004, before me a Notary Public, within
and for said County personally appeared David B audet and Eric Johnson, to me personally known,
being each by me duly sworn did say that they are respectively the Mayor and the Administrator of
the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and
that the seal affixed to said instrument is the corporate seal of said corporation, and that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council and said Mayor and Administrator acknowledged said instrument to be the free act and
deed of said municipal corporation.
V AAAAW. A AA,
JUL #L . z ..:OHNSON
NOTARY Y PUbLJC - MINNESOTA
WASHINGTON COUNTY
My Comm. Expires Jan. 31, 2005
VVVVVVVNANVYVVVVVVVVVVVVINWANV
This Instrument Drafted by:
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1835 Northwestern Avenue
Stillwater, Minnesota 55082
4
RETURN TO:
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwester Avenue
Stillwater, MN 55082
STATE DEED TAX DUE HEREON: $ EXEMPT
DATE:
FOR VALUABLE CONSIDERATION, The Shoppes of Oak Park heights, L.L.C., a limited liability
corporation, Grantor, hereby conveys and warrants to The City of Oak Park Heights, a municipal corporation,
Grantee, real property in Washington County, Minnesota described as follows:
That part of Lot 2, Block 1, THE SHOPPES AT OAK PARK HEIGHTS, Washington County, Minnesota, lying
over, under and across the South 180 feet of the East 230 feet of the following described property:
The North Half of the Northwest Quarter of Section 5, Township 29, Range 20, Washington County,
Minnesota, except the East 359.70 feet thereof, said East 359,70 feet being measured along the north line
of the Northwest Quarter of said Section 5.
together with all hereditaments and appurtenances belonging thereto.
STATE OF MINNESOTA )
) ss.
COUNTY OF Carver )
(a day �--�-
On this �� da of J L) V' -Q , 2004, before me a Notary Public, within and for said
County personally appeared Jay Scott, to me personally known, being duly sworn did say that he is the President of
THE SHOPPES OF OAK PARK HEIGHTS, L.L.C., named in the foregoing instrument; and that said instrument
was signed and sealed on behalf of said limited liability company by authority of its Board of Governors and said
Jay Scott acknowledged said instrument to be the free act and deed of said limited liability company.
, ,A f .. t _ I Toff # y r
Signature of Person Taking Ackno ledgement
NOTARY PUBLIC .._ MINNESOTA
MY ,OMMISSION EXPIRES
= ' ' f 112ocJ
� �s�`4`� §Lif� ,5 ...�r -;c i : �'�r 7 ;� � Notarial Stamp or of oer �tltie or rab )
THIS INSTRUMENT DRAFTED BY
Mark J. Vierling
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLINO,
1835 Northwestern Avenue
Stillwater, MN 55082
THE SHOPPES OF OAK PARK HEIGHTS, L.L.C.
Bv:
Tax statements for the real property described in this
instrument should be sent to (include narne and
address of Grantee):