HomeMy WebLinkAboutAgreements/easements/declarations/developers agreement Doc No 4334903 12/07/2006 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota 4�;�=
�:,-..
Michael H. Cunniff, Registrar of Titles r'�'' �
TranslD 275059 Deputy 37 �
Newcert Cert Fees
1194893 $1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$46.00 Total
--i..'•.
SHARED DRIVEWAY AND MAINTENANCE EASEMENT DECLARATION
The Shared Roadway and Maintenance Easement Declazation dated this 6th day of
December 2006 by Loren R. &Marlene K. Fritz collectively referred to as Users.
Bacicground of A�reement
Users are owners of adjacent properties in the City of Orono,Hennepin County,
MN. Loren R. &Mazlene K. Fritz is owner of the properiy known as Lot 1, Block 1,
Sherri Lakeview Estates. Loren R. &Mazlene K. Fritz is owner of the property known as
Lot 5, Block 1, Sherri Lakeview Estates and Outlot A Sherri Lakeview Estates. The
Users own properties that abut each other and have access from North Shore Drive. There
is a driveway that serves both properties over the north 5 feet of the east 20 feet of Outlot
A, Sherri Lakeview Estates and the north 5 feet of the west 20 feet of Lot 1, Block 1,
Sherri Lakeview Estates. The Users have determined that it is in their mutual interest to
have executed and recorded and agreement for sharing the costs of maintenance and
repair of the driveway. The purpose of this Agreement is to place into writing the mutual
rights and obligations the users of the jointly used driveway.
Agreement
NOW THEREFORE, in consideration of their mutual promises and intending to be
legally bound,the parties agree as follows:
1. Grant of Easement. Loren R. &Marlene K. Fritz owner of Lot 5 Block l, and Outlot
A Sherri Lakeview Estates, grants Loren R. & Marlene K. Fritz, owner of Lot 1,Block 1
Sherri Lakeview Estates a permanent easement over and across the north 5 feet of the
east 20 feet of Outlot A, Sherri Lakeview Esta.tes for the purpose in ingress and egress to
their adjoining property.
2. Grant of Easement.Loren R. &Marlene K. Fritz, owner of Lot 1 Block 1, Sherri
Lakeview Estates, grants Loren R. &Marlene K. Fritz owner of Lot 5, Block 1 and
Outlot A Sherri Lakeview Estates a permanent easement over and across the north 5 feet
of the west 20 feet of Lot l, Block 1, Sherri Lakeview Estates for the purpose in ingress
and egress to their adjoining property.
3. Sharin�of Costs and Ezaenses. The parties shall share the expenses as follows:
Loren R. &Marlene K. Fritz,their successors and assigns sha11 pay one-half of the
maintenance and repair of the driveway that is jointly used over the north 5 feet of the
east 20 feet of Outlot A, Sherri Lakeview Estates. Loren R. &Marlene K.Fritz,their
successors and assigns shall pay one-half of the costs of maintenance and repair of the
jointly used driveway over the north 5 feet of the west 20 feet of Lot 1, Block l, Sherri
Lakeview Estates.
4. Bindin�Effect.This Shazed Driveway and Maintenance Agreement shall not be
modified except in writing signed by the parties,their successors or assigns. This
Agreement and its obligations and benefits shall run with the land and shall be binding
upon and inure to the benefit of the parties hereto and there respective successors and
assigns.
, }
IN WITNESS WHEREOF,the undersigned has executed this instrument the day and
vear first set forth.
DECARANT:
By: Loren R. Fritz L�'�� �v
,
Marlene K. Fritz �
Mazital Status: Husband and Wife �
STATE OF MINNESOTA}
}
COUNTY OF '(1 �
The forgoing instrument was acknowledged before me this �� day of �('��%d ��
2006,by �—�t��f� 1�, ���'Z (���(��,Y�f�1'e- 1`�• ���' Z
Public
��
JENNIFER STEIN
NOTARY PUBLIC-MINNESOTA
This Instrument Was Drafted By: �'�'�0f"�'�0"�"�'�`3�,20�0
Loucks Associates
7200 Hemlock Lane
Suite 300
Minneapolis, Minnesota 55369
Doc No 4334904 12/07/2006 12:00 PM
Certifled filed and or recorded on above date: `�>'•
, Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles �
TranslD 275059 Deputy 37
New cert Cert Fees
1194892 $1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$46.00 Total
C_r...��J,
Doc No 4334905 12/07/2006 12:00 PM =�=-.
-;�.•..
Certified filed and ar recorded on above date: "��,,
Office of the Registrar of Titles ` �;
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 275059 Deputy 37
New cert Cert Fees
1194893 $1.50 AF
1194892 $10.50 STATEFEE
$54.00 TDOCFEE
$0.00 TSUR
$66.00 Total
t
TRAIL EASEMENT
THIS INDENTURE, made this 6th day of December 2006, by and between Loren
R. Fritz and Marlene K Fritz hereinafter referred to as "Grantor(s)", and the City of Orono, a
municipal corporation, hereinafter referred to as "Grantee".
WITNESS, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and
other good and valuable consideration given by Grantee, the receipt of which is acknowledged by
Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a
perpetual easement for public ingress, egress, and access for trail purposes and uses, including the
right to construct and maintain the same, together with the right of the public for access over,
above, under and across the land located in the Sta.te of Minnesota, County of Hennepin, legally
described as follows:
See attached Exhibit A,which is made part of this document.
including, but not by way of limitation, a full and free right and authority to enter upon said land
to construct, install, maintain, operate and repair a gravel or paved trail and any and all
appurtenances, incidental and related thereto, (all of which are hereinafter referred to collectively
as the Improvements). The Grantee sha11 have the right to make use of said land as is reasonably
necessary and advisable to the construction, installation, maintenance, operation and repair of the
Improvements.
In addition to any other remedy the Crrantee may have, the covenants and
restrictions contained herein may be enforced by injunction.
Crrantor(s) covenant that they have a lawful right and authority to convey and grant
this easement, and that the land is free from a11 encumbrances except:
1. Drainage and utility easements
2. Driveway and cross access easements.
Page 1 of 2
IN WITNESS WHEREOF, the Grantor(s) have executed this document on the day
and year set forth above.
DECLARANT:
By: Loren R. Frit � � ,
Marlene K. Fri
Marital Status: Husband&Wife
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
' instrument was acknowle ge before me this� day of I�ecember 2006, by
l�r-��1 , � ► �-2 c� �r l�Pip� K. �►+2
O Y PUBL C
JENNIFER STEIN
� NOTARYPUBLIC-MINNESOTA
.,�, hty Conurission Expaes Jan.31,2010
This instrument was drafted by:
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
(952) 249-4600
Page 2 of 2
� GXft li�� � / `
SHERRI LAKEVIE1r
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� Proposed legal description for a trail easement over and � I I �
across Part of Lots 1, 2, and 3, Block 1, and Outlots A.and � � �
� B, SHERRi LAKEVIEW ESTATES.
(September 27,2006)
An easement for trail purposes over and across those parts of Lots 1, 2 and 3, Block 1, and � [F�
Outlots A and B,SHERRI LAKEVIEW ESTATES,according to the recorded plat thereof,Hennepin ' ""'°""""�:
County,Minnesota,described as follows: Nomx
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The northe�ly 70.00 feet of said Outlot A; a ao eo �
Together wlth: I Y/ �I �
SCAIE IN FEEf pis
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The northerly 10.00 feet of said Lot 1: —..—�a.�,�..o ,��� ,,�
Together with:
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The northerly 10.00 feet of said Outlot B; �� ��
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The northerly,the northeasterly and the easterly 10.00 feet of said Lot 2; �e����M�+�*�*� "'�—
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m w rar..nm,u.m on�a�a Proposed Tfail
Togetherwfth• ��M�w"°�'�.".:�.`-'�'"� EasementEzhibit
The easterly 10.00 feet of said Lot 3. �—
. OS(
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1 OF
� Doc No 4334908 12/07/2006 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles `-_�;;�>;
� .,
TranslD 275059 Deputy 37 `��`:;.�;
New cert Cert Fees
���.�
1194893 $1.50 AF
1194892 $10.50 STATEFEE
$54.00 TDOCFEE
$0.00 TSUR
$66.00 Total
, ,
DECLARATION
THIS DECLARATION ("Declaration') is made this 6� day of December
2006,by Loren Fritz and Marlene Fritz, [husband and wife] ("Declarant").
RECITALS
WHEREAS, Declarant is the owner of real property within the City of
Orono,Hennepin County, Minnesota, platted and legally described as:
Block 1, Lots 1,2,3,4 &5 and Outlots A& B,Sherri Lakeview Estates
(the "Property") and no one other than Declarant, [name additional parties
executing declaration of Consent and Subordination],has any right,title or
interest in the Property.
NOW,THEREFORE,Declarant makes this Declaration and hereby
declares that this Declaration shall constitute convenants to run with the
Property in perpetuity, and further declares that the Property shall be owned,
used, occupied, and conveyed subject to the convenants,restrictions, easements,
charges and liens set forth in this Declaration,all of which shall be binding on all
persons owning or acquiring any right,title or interest in the Property, and their
heirs, successors, personal representatives, and assigns.
Maintenance of Rain Gardens.
1. The rain gardens identified on the site plan for the Property
attached hereto and incorporated herein as Appendix A, shall be maintained by
Declarant and in perpetuity free from mowing or other vegetative disturbance,
fertilizer application,yard or other waste disposal,the placement of structures
or any other alteration that impedes the function of the rain garden in protecting
the quality of water or flows downstream.
2. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument
the day and year first set forth.
DECLARANT:
By: Loren R. Frit . /�
Mazlene K. Fri , � �
Marital Status: Husband&Wife ��
STATE OF MINNESOTA)
)ss.
COUNTY OF 1�� J )
The foregoing instrument was ac owle�l ed before me this �.P�da of .
�C-t'/,nr1�J1� , 200�by ���Ph . f�'C 1�2 Q� . I`'�Ll ��� �. ���2
t ublic
JENNIFER STEIN
_ � NOTARY PUBLIC-MINNESOTA
This Instrument Was Drafted By: '''�` ""yC0"Q"�101'�"��i.3�,20�0
Locks Associates
7200 Hemlock Lane
Suite 300
Minneapolis, Minnesota 55369
2
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Doc No 4334906 12/07/2006 12:00 PM �`�
s.,3 b..��r.
Certified filed and or recorded on above date: •:;;;t.�
Office of the Registrar of Titles "d
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 275059 Deputy 37
New cert Cert Fees
1194893 $1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$46.00 Total
' �
zGF�� ANL1 PRIOR TAXES PAiD
TAXPAYER SERVICES
TRAN9FER ENTER�D
�EC �5 2006
E NE UNTY RAINN.
� _ �PUTY
(re.rerved_fa•r•ecordin�inf'a�nutio�t)
GRANT OF PERMANENT -
FLOWAGE AND CONSERVATION EASEMENT AND
RESTRICTIVE COVENANT
FOR WETLAND AND WETLAND BUFFER
/ �N�RUMENT made this ��� da of���3� , 2006, by and between
s�'�� � �i Z and �/fP��� Y• � � T zhusband and wife, the Grantors, and the
CITY OF ORONO,a Minnesota municipal corporation("City").
WITNESSETH:
The Grantors, in consideration of good and valuable consideration paid by the City, the
receipt and sufficiency of which is hereby acknowledged, hereby create and grant unto the City a
permanent flowage and conservation easement for the purposes set forth in this instrument, over,
under, and across the (wetland) (wetland buffer) (wetland and wetland buffer) as described in the
legal description and site plan attached hereto as Exhibit A(the "easement premises").
The Grantors on behalf of themselves, their heirs, successors and assigns, hereby covenant
and agree as follows: (i�zclude those that are applicable: 1, or 2, or 1 and 2; 3a or 3b; 4, 5, 6, 7
and 8)
1. That the following are prohibited in perpetuity within the wetland:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, retaining walls,
fireplaces, clothes line poles, playground equipment, roads, hardcover of
any kind, underground utility lines and distribution equipment, light poles,
traffic signals, traffic regulatory signs, mailboxes; except: 1) feeders, bird
houses, and other devices intended to foster wildlife; and 2) docks or
boardwalks when allowed by City ordinance and under a valid City
permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting,
destroying or removing trees greater than four inches in diameter, except
for tree disease control by or as directed by a governmental agency.
Grantors may remove brush, diseased or dead trees of any size, and
125005 1
� . ,
noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
2. That the following are prohibited in perpetuity within the wetland buffer:
A. Constructing, installing, or maintaining anything made by man, including
but not limited to buildings, structures, walkways, fences, fireplaces,
clothes line poles, playground equipment, roads or hardcover of any nature
whatsoever, except: 1) feeders, bird houses, and other devices intended to
foster wildlife; 2) docks or boardwalks when allowed by City ordinance
and under a valid City permit; 3) retaining walls when allowed by City
ordinance and under a valid City permit.
B. Cutting, mowing or removing shrubs or other vegetation, and cutting or
removing trees greater than four inches in diameter, except for tree disease
control by or as directed by a governmental agency. Grantors may remove
brush, diseased or dead trees of any size, and noxious weeds.
C. Excavation or filling or material alteration of grade, including changes to
the size, depth or contour of the wetland; dredging, mining or removal of
earth, loam, peat, gravel, soil or any other natural material.
D. The deposit of waste, yard waste, or debris.
E. Activity detrimental to the screening of the neighboring properties.
F. Application of fertilizers, whether natural or chemical.
G. Application of chemicals for the destruction or retardation of vegetation.
H. The application of herbicides, pesticides, and insecticides, except for
noxious weed control by or as directed by a governmental agency.
I. Outside storage of any kind.
J. Activity detrimental to the preservation of the scenic beauty, vegetation,
and wildlife.
3a. Establishment and Maintenance of Wetland Buffer. The wetland buffer, measuring
feet in width at all points surrounding the wetland and as shown in Exhibit A,
shall be established and improved to become an "acceptable buffer area" as
described within City Ordinances, and shall thereafter be maintained by Grantors in
perpetuity free from mowing or other vegetative disturbance, fertilizer application,
125005 2
�
yard or other waste disposal, the placement of structures or any other alteration that
impedes the function of the buffer in protecting the quality of water in the wetland or
buffering flows into the wetland.
3b. Maintenance of Wetland Buffer. The wetland buffer, measuring feet in width
at all points surrounding the wetland and as shown in Exhibit A, shall be maintained
by Grantors in perpetuity as an "acceptable buffer area" as described within City
Ordinances, free from mowing or other vegetative disturbance, fertilizer application,
yard or other waste disposal, the placement of structures or any other alteration that
impedes the function of the buffer in protecting the quality of water in the wetland or
buffering flows into the wetland.
4. Grantors for themselves, their heirs, successors and assigns, further grant the City
the affirmative right, but not the obligation to do the following on the easement
premises:
A. Preserve, improve, and enhance the slope, trees, vegetation, and natural
habitat by altering, clearing, and removing trees or other vegetation, by
changing the contour of the land, and by planting trees or other vegetation.
B. Enter upon the easement premises at any time to enforce compliance with
the terms of this instrument.
5. Grantors reserve for themselves and for their heirs, successors and assigns and
their invitees, the right to enter upon the easement premises and to do and perform
on the easement premises such acts as are not inconsistent with the easement
rights granted to the City herein. Such uses shall be deemed to include, but not be
limited to planting of trees, flowers, and other vegetation consistent with a
conservation easement; walking along trails and paths; bird watching; the study of
nature; and all other acts of a similar nature or purpose.
6. Grantors hereby grant, gift, quit claim and convey to the city , a perpetual flowage
easement and right and privilege to trespass with water over and upon any or all
of the Easement Premises.
7. Grantor(s) herein do hereby remiss, release, acquit and forever discharge, forever,
the City and any and all of its officers and employees of and from any and all
claims, demand or causes of action of any kind or nature whatsoever which may
arise or accrue by virtue of any flowage or trespass with water within terms of
these agreements.
8. Grantor(s) do not intend that the public should have any interest in the above land
by virtue of this indenture or otherwise, except as hereinabove set forth.
IN WITNESS WHEREOF, the parties hereto have set their hands effective as of the
day and year set forth above.
GRANTORS:
._"—�
i" ��� �
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125005 3
STATE OF MINNESOTA )
)ss.
COUNTY OF � �� )
The foregoing instrument was acknowledged before me this � day of
bC� � , 2006, by LG`cP�„�R.C�r��2 and h�tarlet,Qk, Fr;�--t- , husband and wife, the
Grantors.
� ��
NOTA PUBLIC
�
GAYLE M. KOCH
I�TARY PUBUC-MINNESOTA
DRAFTED BY: Yy Caronission Expires Jan.31,Z010
Campbell Knutson
Professional Association
3l7 Eagandale Office Center
I380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone; (651)452-5000
M KB
125005 4
� - �
�W SHERRI LAKEViE�1
p'�r �� ESTATES '
�'�Norlhrrest eamer of lot 5 -Nwth line ot Lot 5 .t�' I o r
v o
_._._._._ � 5892819"E 27ra23 1 -� �30.00 �z
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� �------------------- -------1 '% easement per plat —_� I/-
T——— �
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Proposed legal descriptlon for a Flowage and Conservation
Easement over and across part of Lot 5, Block 1,
SHERRI LAKEVIEW ESTATES.
(September 27,2006) �
NORTA �^~
An easement for flowage and conservation purposes over and across part of Lot 5, Biock 1, �,R,� y � +
SHERRI LAKEVIEW ESTATES, according to the recorded plat thereof, Hennepin County, �, , �.,�'29�
Minnesota,described as follows: I u u ��
�T '—a'
Beginning at the northwest corner of said Lot 5; thence southerly on an assumed bearing of � Q1 � � "—" ��
, South 04 degrees 06 minutes 78 seconds West, along the west line of said Lot 5, a distance of - -�>4T1^�^
39.56 feet; thence South 60 degrees 29 minutes 33 seconds East a distance of 78.14 feet; thence ���"��--�"-
North 77 degrees 56 minutes 42 seconds East a distance of 17.79 feet; thence South 66 degrees ��°�
p�W.4an.@ YIU�t t110O�IS K
19 minutes O6 seconds East a distance of 9.40 feet; thence South 32 degrees 43 minutes 13
seconds East a distance of 37.59 feet; thence North 88 degrees 08 minutes 13 seconds East a , II �
distance of 63.15 feet; thence North 59 degrees 04 minutes 00 seconds East a distance of 37.78 I
feet; thence North 47 degrees 48 minutes 37 seconds Easta distance of 44.29 feet; thence North --�- �--�--
33 degrees 45 minutes 54 seconds East a distance of 52.31 feet; thence North 07 degrees 05 •�,�-,�;�� ' �
' minutes 26 seconds West to the north line of sald Lot 5; thence westeriy, along the north itne of �,;,��,�"�:�� P��Flowage
�,�„a„o,„�,�„r. an Conservation
said Lot 5,to the point of beginning and there terminating. Eas�"«,�r"b"
.....,.....,..��-m..,...a.a
oso
�
1 OF
Doc No 4334907 12/07/2006 12:00 PM
' Certified filed and or recorded on above date:
� Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 275059 Deputy 37
New cert Cert Fees
1194893 $1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$46.00 Total
DECLARATION
THIS DECLARATION ("Declaration") is made this 6th day of December
2006,by Loren Fritz and Marlene Fritz, [husband and wifeJ ("Declarant").
RECITALS
WHEREAS,Declarant is the owner of real property within the City of
Orono,Hennepin County,Minnesota,platted and legally described as:
(Block 1, Lot 5 and Outlo��A, Sherri Lakeview Estates
(the"Property") and no one other than Declarant, [name additional parties
executing declaration of Consent and Subordination], has any r�ght,title or
interest in the Property; and
NOW,THEREFORE,Declarant makes this Declaration and hereby
declares that this Declaration shall constitute convenants to run with the
Property in perpetuity, and further declares that the Property shall be owned,
used, occupied, and conveyed subject to the convenants,restrictions, easements,
charges and liens set forth in this Declaration,all of which shall be binding on all
persons owning or acquiring any right,title or interest in the Property, and their
heirs, successors, personal representatives, and assigns.
Maintenance of Ivy Plantings on Retaining Walls Agreement
1. The Ivy plantings shown on the site plan for the Property attached
hereto and incorporated herein as Attachment A, shall be maintained by
Declarant in perpetuity for purposes of compliance with City of Orono
Ordinance requirements.
2. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF,the undersigned has executed this instrument
the day and year first set forth.
DECLARANT:
By: Loren R. Fritz r
Marlene K. Fritz �
Marital Status: Husband& Wife
STATE OF MINNESOTA)
)ss.
COUNTY OF i )
The foregoing instrument was acknowled ed before me this ��day of
L�c�� r . Zo� by ►�,����2. �►�-2. �r�d ��_ K. �;�-2
No ublic
�
JENNIFER STEIN
NOTARY PUBLIC-MINNESOTA
This Instrument Was Drafted By `�:.w: MY Comrris�on F�xp�es Jan,31,zo�o
Loucks Associates
7200 Hemlock Lane
Suite 300
Minneapolis, Minnesota 55369
2
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� �..
, Doc No 4334909 12/07/2006 12:00 PM
Certified filed and or recorded on above date: �
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 275059 Deputy 37
New cert Cert Fees
1194893 $1.50 AF
1194892 $10.50 STATEFEE
$54.00 TDOCFEE
$0.00 TSUR
$66.00 Total
CITY OF ORONO
HENNEPIN COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT FOR
SHERRI LAKEVIEW ESTATES
(Name of Development)
LOREN R. FRITZ & MARLENE K. FRITZ
(Name of Developer)
�
THIS AGREEMENT, made and entered into this 2�" day of
� C�S , 2006, by and between the City of Orono, a municipal
corporati n organized under the laws of the State of Minnesota (hereinafter called "City"),
and Loren R. Fritz and Marlene K. Fritz, husband and wife, their heirs, successors and
assigns, (hereinafter called "Developer").
WITNESSETH:
WHEREAS, the Developer has made application to the City Council for
approval of a the plat of Sherri Lakeview Estates, the approval of which required certain
site improvements including utility services improvements, storm sewer improvements,
and site grading and landscaping improvements; and
WHEREAS, the City Council has granted approval for such development
per the findings and conditions of Resolution No. 5493 adopted August 14, 2006 on the
condition that the Developer complies with all recommendations of the City Engineer,
which includes entering into this agreement to provide for the installation of
improvements hereinafter described on the terms and conditions set forth.
Page 1 of 7
Initials of Developer���
Initials of City Clerk�
NOW, THEREFORE, in consideration of the premises and of the mutual
promises and conditions hereinafter contained, it is hereby agreed as follows:
1. Property Description. This Agreement shall apply only to the following
described property located in Hennepin County, Minnesota:
Lots 1 Through 5 and Outlots A and B, Sherri Lakeview Estates,
Hennepin County, Minnesota
(hereinafter the"Property")
2. Improvements. In accordance with the policies and ordinances of the City, the
following described public and private improvements (hereinafter collectively
called the "Improvements") shall be constructed and installed on the terms and
conditions hereinafter contained.
- Construction of sewer and water service improvements
- Construction of storm sewer improvements
- Construction of grading and landscaping improvements
3. Construction Plans. Final sets of the following described detailed plans and
specifications for the complete installation of the Improvements prepared by
Michael J. St. Martin, PE of Loucks Associates shall be submitted by the
Developer for the approval of the City prior to the start of construction. The plans
and specifications shall conform to all current City standards for all applicable
work:
' Sheet C1-1: Existing Conditions Plan
Sheet C2-1: Site Plan
Sheet C3-l: Grading Plan
Sheet C3-2: Storm Water Pollution Prevention Plan (SWPPP)
Sheet C4-l: Utility Plan
Sheet C6-1: Preliminary Plat
Sheet C8-1: Project Details
4. Construction of Improvements
A. Commencement Date — The construction of Improvements shall begin no
later than June 1, 2007.
B. Completion Date — All Improvements shall be completed no later than
June l, 2008.
Page 2 of 7
Initials of Develope''��-
Initials of City Clerk % /
C. Contractors — The Developer shall select, retain and supervise the
Contractor(s) responsible for the construction of the Improvements. The
City reserves the right to require satisfactory proof of successful
experience and adequate financial status of any such contractor. Where
required by City ordinance, the contractor shall first obtain a license from
the City.
D. Pre-Construction Conference — Prior to the start of any construction, the
Developer and the Developer's contractor shall meet with the responsible
City official to review construction plans and schedules.
E. Permits—Prior to the start of any construction, the Developer's contractor
� shall apply for and receive all necessary permits from the City and/or
government agencies having jurisdiction.
F. Construction — The construction, installation and materials shall be in
accordance with the plans and specifications approved by the City.
G. Insurance — The Developer will cause each person who constructs and
installs any Improvements to maintain complete insurance coverage
including Workmen's Compensation, Liability and Property Damage.
5. Performance Security. For the purposes of assuring to the City that the
Improvements will be completed according to the terms of this Agreement, and
that the Developer will pay all claims for work done and materials and supplies
furnished, the Developer or its general contractor will deposit with the City prior
to issuance of site grading and building permits an irrevocable Letter of Credit
(LOC) from a local (Twin Cities area) financial institution in a form satisfactory
to the City, providing that the City is able to draw upon such letter of credit in its
sole discretion to complete the Improvements if the Developer fails to
satisfactorily complete the work prior to the completion date specified in Section
Four (4) above. Further, if the required Improvements are not completed at least
30 days prior to the expiration of the LOC, the City may also draw on the LOC.
If the security is drawn down,the draw shall be used to cure the default.
The amount of the LOC shall be 150% of the estimated Improvements cost. The
estimated Improvements cost is $108,420.00 per the City Engineer's estimate
attached hereto as Exhibit A; therefore, the LOC amount shall be $162,630.00.
As substantial elements of the Improvements are completed and approved by the
City Engineer, the City will authorize reduction of the LOC in an amount equal to
150% of the cost estimate for that phase of the Improvements deemed completed,
but in not case shall the LOC be reduced to a point less than 10% of the original
amount until all Improvements are complete and accepted by the City. The LOC
Page 3 of 7
Initials of Developer�
Initials of City Clerk,�u/
� shall expire no sooner than one year after the completion date specified in Section
Four (4) above,to allow for at least one freeze-thaw cycle for settlement.
6. Fees and Expenses. The Developer agrees to pay all City fees required per the
current City Fee Schedule and further agrees to completely reimburse the City for
all the variable additional expenses it incurs in regard to the review and approval
of the Improvements including, but not limited to, direct City payroll and
overhead, costs, and fees paid to consultants and other professionals.
7. Resolutions of City. Developer agrees to be bound by the provisions set forth in
all resolutions of the City Council approving the Development.
8. 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 deemed covenants running with the land. References
herein to Developer, if there be more than one, shall mean each and all of them.
This Agreement, to be executed by the Developer, shall be placed of record so as
to give notice hereof to subsequent purchasers and encumbrancers of all or any
part of the subdivision and all recording fees, if any, shall be paid by the
Developer.
9. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, their employees or agents, or mailed to the
Developer by registered mail at the following addresses:
Notice to Citv Notice to Developer
City of Orono Loren Fritz
Clerk/Administrator 3845 North Shore Drive
P.O. Box 66 Mound, MN 55364
Crystal Bay, MN 55323
10. Incorporation by Reference. All plans, special provisions, proposals,
specifications and contracts for the Improvements furnished and let pursuant to
this Agreement shall be and hereby are made a part of this Agreement by
reference as fully as if set out herein in full.
11. Disclaimer by City. It is understood and agreed that the City, the City Council,
and the agents and employees of the City shall not be personally liable or
responsible in any manner to the Developer or Developer's contractors,
subcontractors, materialmen, laborers, or any other person, firm or corporation,
for any debt, claim, demand, damages, actions, or causes of action of any kind or
character, arising out of or by reason of the execution of this agreement or the
performance and completion of the Improvements.
Page4of7
Initials of Developer�
Initials of City Clerk �1,;�1
� 12. Hold Harmless and Indemnification. The Developer shall indemnify and hold
harmless the City, the City Council, and the agents and employees of the City
from and against all claims, damages, losses or expenses, including attorney fees,
which the City, City Council and agents and employees of the City may suffer or
for which it may be held liable, arising out of or resulting from the assertion
against them of any claims, debts or obligations in consequence of the
performance of this Agreement by the Developer, its employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
13. Remedy for Default. Default by the Developer of any of the terms of this
Agreement shall automatically result in the suspension or withholding of all
permits, licenses, occupancy certificates or other authorizations issued by the City
in connection with the property included in this development.
A. The Developer hereby grants to the City, its agents and its employees, the
right to enter on the property for the specific purpose of constructing or
completing any and all of the agreed upon Improvements should the
Developer not complete those Improvements by the date specified in
Section 4-B.
B. The remedies afforded to the City under this Section shall be in addition to
any other remedies to which the City may be entitled by law or other
agreement.
Page 5 of 7 q
. Initials of Develope�0`
Initials of City Clerk .�i'���/
IN WITNESS WHEREOF, the City and the Developer have caused this
Agreement to be duly executed on the day and year first above written.
CITY OF ORONO
_.
� j � _
�f > >Q al
By• in�� , f ,,� ,'� j w�.r r � :
r� � s
(Mayor) :/�, x•�"; ��.�:�, � ,��
�'i.=�r !i.� tT� �.i,� �,
y i
�k � f j '�bWQ�i) e� .�y .�",�,.
�°yk a��..� � {I,�,k � 1 5 1i .�..
V rp' 'x-' • nf�. 4!�°�f� r�J' rJ , `
i,x d A
By: --�'�����/ / v� �;� •,� �a! r r`�������"::``�+y yf�r�r.
(City Clerk) � ;.,,: ,.:�" nP�','�` y ,,.`
�� .. ,a
F t C .ts r�si;^,
rY - y� -��i Va
e � t � r
, =� ,�,
M�: a�r:.
�''I � e, ��'���.' "'����
DEVELOPER `�1 � `
�;�
By:
�� ��T .
Loren R. Fritz
g G���i�1r+ `
Y•
Marlene K. Fritz
Reviewed for Administration: /�
� 2_ t�' (� � �/"
Date: / � By:
(Planning Direct r)
By:
(City Administrator)
This instrument was drafted by:
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, MN 55323
Page 6 of 7
Initials of Developer pr�p�
Initials of City Clerk�
STATE OF MINNESOTA
COUNTY OF HENNEPIN
S�
The foregoing instrument was acknowledged before me on this a� day of
006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota
m icipal corporation and said instrument was executed on behalf of the City.
�, ' RACHEL DODGE
: NOTARY PUBLIC-MINNESOTA
�� ���� �a�
'� . � f My Commission Expires Jan.31,2010
""" Notaxy Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
�
� The foregoing instrument was acknowledged before me on this�`�day of
,0-��e� , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
RACHELDODGE
` NOTARY PUBLIC-MINNESOTA �...�� ��� ��,e np
� :;,,;:a. My Commission Expires Jan.31,2010 ��`�
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
�
This instrument was acknowledged before me this ZS day of �-�� ,
2006, by Loren R. Fritz,husband of Marlene K Fritz.
�
MARK T.WINTER
Notary PuWic
Miru�eaofa �
� �� 31 2010
otaxy Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
� ��
This instrument was acknowledged before me this �day of �S'r,
2006,by Marlene K. Fritz, wife of Loren R. Fritz.
/
MARK T:WINTER
�� �f�
�,,,,,�,,,� 3� zmo otary Publi '
Page 7 of 7
Initials of Developer��s�
Initials of Ciry Clerk �?� .�/
, �XHYBI'I' A
SI'I'E IIVI����l�E1�1'I'S �OS'I' ES'TIIVIATE
1/13l2006
Plat Plo. 05-3161
3845 No�th Shore Drive
Cost Estimate for Financial Guarantee
Services Improvements Units Qty $/Unit Total
Mobilization LS 1 $ 1,000.00 $1,000.00
Traffic Control LS 1 $ 800.00 $800.00
Connect to Existing 8"Sanitary Sewer EA 2 $ 525.00 $1,050.00
Connect to Existing Sewer Service EA 1 $ 300.00 $300.00
8"X 4"Wye EA 2 $ 75.00 $150.00
4" PVC, Service Pipe LF 350 $ 10.00 $3,500.00
4"Cleanout EA 4 $ 400.00 $1,600.00
1 inch copper service LF 380 $ 14.00 $5,320.00
1 inch corp EA 3 $ 100.00 $300.00
1 inch curb stop EA 3 $ 130.00 $390.00
Estimated Construction Cost $11,110.00
Storm Sewer Units Qty $/Unit Total
8" Storm Sewer LF 30 $ 18.00 $540.00
12"Storm Sewer LF 210 $ 19.00 $3,990.00
8" FES w/trash guard EA 2 $ 550.00 $1,100.00
12"FES w/trash guard EA 2 $ 650.00 $1,300.00
Estimated Construction Cost $6,930.00
Grading/Landscaping Units Qty $IUnit Total
Grading LS 1 $ 30,000.00 $30,000.00
Retaining Wall SF 1,000 $ 25.00 $25,000.00
Rain Garden EA 3 $ 10,460.00 $31,380.00
Landscaping LS 1 $ 1,500.00 $1,500.00
Temp Erosion Control LS 1 $ 2,500.00 $2,500.00
Estimated Construction Cost $90,380.00
Summary Of Improvements
Services $11,110.00
Storm Sewer $6,930.00
Grading I Landscaping $90,380.00
Total Estimate Construction Cost $108,420.00
r��% $54,210.00
Total for Financial Guarantee $162,630.00
' y�s�'t^�.y�8�m.y^�
S yt�/`"•�
Doc No 4336351 12/12/2006 01:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles �
TranslD 276047 Deputy 37
New cert Cert Fees
1194894 $1.50 AF
1194895 $10.50 STATEFEE
1194896 $34.00 TDOCFEE
1194897 $0.00 TSUR
1194898 $2.00 COPY
1194899 $48.00 Total
1194900
1194901 �
, �
�`�`�..�»A(V�PI�l4�i��.:ES PAI�
TAXPAY�R SERVICES
TRAN9FER ENTERED �� � ���� ��1�
y8-
DEC 11 2006 [maintain 3" top margin]
E. EP�P4 OUNTY MINN.
� � �s'_ ,-.-z-'�tflcPUTY
DECLARATION
THIS DECLARATION ("Declaration") is made this 7th day of June, 2006,
by Loren Fritz and Marlene Fritz, [husband and wife] ("Declarant").
RECITALS
WHEREAS, Declarant is the owner of real property within the City of
Orono, Hennepin County, Minnesota, platted and legally described as:
� Lots 1, 2,3,4 &5 and Outlots A & B, Sherri Lakeview Estates
(the "Property") and no one other than Declarant, [name additional parties
executing declaration of Consent and SubordinationJ,has any right, title or
interest in the Property; and
WHEREAS, the Property constitutes the entirety of the land to which
Minnehaha Creek Watershed District Permit # 60 -�93 applies; and
W�iEREAS, Declarant desires to subject the Property to certain conditions
and restrictions imposed by the Minnehaha Creek Watershed District as a
condition to issuance of their Permit#�+6-�for the mutual benefit of the owners
of the Property.
NOW,THEREFORE, Declarant makes this Declaration and hereby
declares that this Declaration shall constitute convenants to run with the
Property in perpetuity, and further declares that the Property shall be owned,
used , occupied, and conveyed subject to the convenants, restrictions, easements,
charges and liens set forth in this Declaration, all of which shall be binding on all
persons owning or acquiring any right, title or interest in the Property, and their
heirs, successors, personal representatives, and assigns.
1. Wetland Buffer. The wetland buffer, measuring 16.5 feet in width
at all points surrounding the wetlands as delineated on the site plan for the
Property attached hereto and incorporated herein as Attachment A, shall be
maintained by Declarant in perpetuity free from mowing or other vegetative
disturbance, fertilizer application, yard or other waste disposal, the placement
of structures or any other alteration that impedes the function of the buffer in
protecting the quality of water in the wetland or buffering flows into the
wetland.
2. Street Sweeping. All streets and public ways within the Property
shall be swept at least twice each year, in the spring following snowmelt and in
the fall after leaf fall.
3. Stormwater Facility Maintenance. The terms of Attachment B,
incorporated herein, shall apply to the stormwater management facilities
indicated on Attachment A, identified as follows:
,�ct.r�n GR,►-����s�
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4. Swales and Pervious Areas. The naturally vegetated swales,
varying in width and shown to scale on the site plan for the
property attached hereto and incorporated herein as Attachment A,
shall be maintained by Declarant in perpetuity free from mowing
or other vegetative disturbance, fertilizer application, yard or other
waste disposal, the placement of structures or any other alteration
that impedes the function of the vegetated swale as a buffer in
increasing water quality of water flowing through this area.
5. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument
the day and year first set forth.
DECLARANT:
DEr� c� �. PFROMM `����c.l ���.
� NOTA;: .�IC•MINNE$O�fA _. /��
MY i.;OMMISSION �y �' l
EXPIRES JAN.31.2011 By:/---���
, [name and representative c c' y, if
�� �, (���;�— applicable]
STATE OF MINNESOTA)
)ss.
COUNTY OF_��'���
2
The foregoing instrument was acknowledged before me this�day of
J (�1.�'LQ J , 200�by L or�n �ri�
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Notary Public
This Instrument Was Drafted By:
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FRITZ ADDITION
DECLARATION AND MAINTENANCE AGREEMENT
APPENDIX A
. ATTACHMENT B
STORMWATER FACILITY MAINTENANCE
These terms apply to the stormwater facilities constructed pursuant to Minnehaha
Creek Watershed District permit application number 06-143.
WHEREAS, application has been made for a permit from the MCWD pursuant
to MCWD Rule N, Stormwater Management; and
WHEREAS,the property that is the subject of the permit is legally described in
the Declaration into which this Attachment is incorporated, and the facilities on the
property to which these maintenance requirements apply are as follows:
Lots 1, 2, 3, 4, & 5, Block 1, and Outlots A&B, Sherri Lakeview Estates
WHEREAS,MCWD Rule N provides that a maintenance agreement shall be
submitted for stormwater treatment ponds, outlet structures for such ponds, culverts,
outfall structures and all other stormwater facilities, and that the maintenance agreement
shall specify methods, schedule and responsible parties for maintenance and must include
at a minimum, the elements contained in the District's Maintenance Agreement Form.
NOW,THEREFORE:
1. The property owner shall inspect the stormwater retention and treatment
basin(s) at a minimum of once a year to determine if the basin's retention and treatment
characteristics are adequate. A storage treatment basin will be considered inadequate if
sediment has decreased the wet storage volume by %z of its original design volume.
Based on this inspection, if the stormwater basin(s)is identified for sediment cleanout,
the property owner shall restore the basin(s)to its original design contours within one
year of the inspection date.
2. The property owner shall inspect the grit chambers, sump catch basins,
sump manholes, outlet structures, culverts, outfall structures or other stormwater facilities
for the project in the spring and fall of each year. The property owner shall remove all
sediment and debris during the inspections such that the stormwater facilities operate as
designed and permitted.
3. Rain gardens must be kept clean of excess sediment and debris. Healthy
plant growth must be maintained in the rain gardens by removing dead vegetation in the
spring of each year.
4. Violation of the inspection and/or maintenance provisions of this
Agreement is a violation of the MCWD permit for the project for which the MCWD may
take action against the property owner.
5. "Property owner" as used in this Attachment means the owner of the
property on which is located the stormwater facility to which the obligations herein
apply.
Attachment B to Form Declaration
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Mail after recording to:
CitiMortgage, Inc.
Atm: Kim Wright: H-004-N10
699 Walnut Street
Des Moines,IA 50309
CONSENT AND SUBORDINATION
Loan No. 0008408666
Min No. 100026900100697902 MERS Phone: 1-888-679-6377
The undersigned, Mortgage Electronic Registration Systems, Inc., A Delaware Corporation
(solely as nominee for Lender and Lender's successors and assigns), mortgagee of lender in that
certain Mortgage dated May 28, 2004, and filed in the Office of the Registrar of Titles Hennepin
County on August 27, 2004, as Document No. 4009018, hereby consents to the recording of the
attached Declaration and agrees that its rights in the property affected by the Declaration shall be
subordinated thereto.
IN WITNESS WHEREOF, this instrument is signed this�day of December 2006
and the seal of said Corporation is hereto affixed.
�,,�a�u�snuamnrriai�
��ao`��G REGfspy�'°�O��i Mortga Electro��a@�c Re��lstration Systems,Inc.
O `vaesa��a '7� �� �� ��n,
:r�,�•/�°�pP�p�`��1T/�(�°pA�'
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C w: ��}�� �� �; Gail Ramberg, Assistant Secretary
� W� 1995 �y �
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'�60�.....•�•��� CitiMortgage, It�c., Successor in interest by merger to
m����� Princip�l R�siden�xal Mortgage,Inc. ������A�� �
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� I \ S��_�pORATE
By.\, � r .�--�� �V 4' �
She1Te �mmer,�Vice President ;�: ,��
Y',
% S.
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State of Iowa, County of Polk, ss. -� �y
IINN
On this � day of� ( LL�rn� r 2006, before me, a notary public in and for said county,
personally appeared Gail Ramberg AND Shelley Hommer, Assistant Secretary AND Vice
President, to me personally known to be the identical person whose name is subscribed to Yhe
foregoing Consent and Subordination as an officer for the grantor herein named, who being by
me duly sworn did say that they are the Assistant Secretary of Mortgage Electronic Mortgage
Systems Inc., AND CitiMortgage, Inc., Successor in interest by merger to Principal Residential
Mortgage, Inc., a Corporation, and that the seal affixed to the said Consent and Subordination is
the seal of said Corporation, and that said inslrument was signed and sealed on behalf of the said
Corporation by authority of its Board of Directors,and said Assistant Secretary aclrnowledged the
execution of said instrument to be the voluntary act and deed of said Corporation.
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