HomeMy WebLinkAboutcommercial parking contract-2011 � � � • � ' � IZi �
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(reserved for recording information)
COMMERCIAL PARKING CONTRACT
CITY OF ORONO,BROWNS BAY LLC AND TANAGER BAY LLC
AGREEMENT dated 9 , 2011, by and between the CITY OF
ORONO,a Minnesota municipal corporation("City");BROWNS BAY LLC,a Minnesota limited
liability company, its heirs, successors and assigns (hereinafter referred to as"Commercial Property
Owner"); and TANAGER BAY LLC, a Minnesota limited liability company, its heirs, successors
and assignes(hereinafter referred to as "Residential Property Owner").
RECITALS
A. Residential Property Owner is the fee owner of the following described property:
EXHIBIT A, attached
(hereinafter the "Residential Property").
B. Commercial Property Owner is the fee owner of the following described property:
EXHIBIT B, attached
(hereinafter the"Commercial Property").
C. Commercial property owner operates or leases to others the operation of a
commercial marina(the"Marina")on the Commercial Property abutting the Residential Property.
D. Orono City Council Resolution No. 2674 adopted August 14, 1989 approved
redevelopment of the Marina based on use of portions of the Residential Property west of County
Road 15 for parking to serve the Marina, which parking had been the subject of prior agreements
between the City and the then owner of the Residential Property and Commercial Property, and
which agreements are included within that certain 1983 document entitled "Lot Combination,
Riparian Rights and Open Space Easement" recorded with Hennepin County as Document No.
1555844.
E. Resolution No. 2674 was based on an approved site plan that included parking for
26 vehicles within the Residential Property.
F. The Marina intends to operate by sharing parking with the Residential Property.
Pursuant to Section 78-668 of the Orono Zoning Ordinance the current and proposed use of the
Marina requires 70 parking stalls. 'The Marina has 50 stalls available within the Commercial
Property and an additional 26 stalls available within the Residential Property located west of County
Road 15. Only with use of the stalls within the Residential Property will the Marina meet the
minimum parking requirements of the Zoning Ordinance.
NOW, THEREFORE, in consideration of the recitals set forth above and the terms and
conditions herein,the Commercial Properry Owner, the Residential Property Owner, and City agree
as follows:
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1. Parking for Marina Use sha11 include 26 stalls located on the Residential Property
and 50 stalls located on the Commercial Properry.
2. Residential Property Owner will make available 26 parking stalls within the
Residential Property for Marina use.
3. Residential Property Owner and Commercial Property Owner shall not extinguish
this Contract without authorization by Resolution of the Orono City Council.
4. Commercial Property Owner is placed on notice that the ability to operate a Marina
at the levels intended is in part reliant on the availability of parking on the Residential Property, and
that if this contract is extinguished, the City reserves the right to reconsider all approvals required
for continued operation of the Marina, including but not limited to annual marina licenses,
certificates of occupancy,etc.
5. Miscellaneous.
A. Third parties shall have no recourse against the City under this Contract.
B. If any portion, section, subsection, sentence, clause, sentence, paragraph, or
phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of
the remaining portion of this Contract.
6. The action or inaction of the City sha.11 not constitute a waiver or amendment to the
provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by
the parties and approved by written resolution of the City Council. The City's failure to promptly
take legal action to enforce this Contract sha11 not be construed as a waiver or release of any term or
condition herein.
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7. This Contract shall run with the land and shall be recorded against the title(s) to the
Residential Property and the Commercial Property.
8. Required notices sha11 be in writing and sha11 be either hand delivered to the
Residential Properry Owner, its heirs, successors and assigns, or mailed to Residential Properry
Owner by certified mail at the following address: Tanager Bay LLC, 294 Grove Lane E. #100,
Wayzata, MN 55391.
9. Required notices sha11 be in writing and sha11 be either hand delivered to the
Commercial Property Owner, its heirs, successors and assigns, or mailed to Commercial Property
Owner by certified mail at the following address: Browns Bay LLC, 294 Grove Lane E. #100,
Wayzata, MN 5539L
10. Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator or mailed by certified mail in care of the City Administrator at the following address:
2750 Kelley Parkway,P.O. Box 66, Crystal Bay,MN 55323.
CITY OF ORONO
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STATE OF MINNESOTA )
( ss.
COUNTY OF SCOTT )
The fore oing instrument was acknowledged before me this 9 day of ,
2011 , by � t1.and by (�,� , respectiv the
Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
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MpIViCA A.FADNESS P�
NOTARY PUBLIC•MINNESOTA NOTARY PUBLIC
My Commission Expres Jan.31,2012
TANAGER BAY LLC
By: -=
M.G. Kaminski, Its M ger
BROWNS BAY LLC
By:
M.G. Kaminski, Its M er
136129 5
. d �
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this�day of
, 2011 by M.G. Kaminski,the Manager of Tanager Bay LLC, a Minnesota
limited'li bility company, on behalf of Tanager Bay LLC.
BARBARA G.SILUS ��"w"G�•�-�
N�i'pFtY PUBLIC-MINNESOTA NOTARY PUBLI
My����xp►rae Jan.31,2013
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 9 �day of
, 2011 by M.G. Kaminski, the Manager of Browns Bay LLC, a Minnesota
limited 1 ility company, on behalf of Browns Bay LLC.
�
BARBARA G•SILUS /�
NOTARY PUBLIC-MINNESOTA / 1 �j,� �,��
My�mi�ion Expires Jan.31,zo�s NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(651) 452-5000 ,
136129 (
EXHIBIT A
Legal Description of the Residential Property
The following two parcels in Hennepin County, Minnesota.:
1440 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0004:
�"~_��M�.. That part of Government Lot 1, Section 11, Township 117, Range 23 described as
follows: Commencing at the meander corner on the North line of said Government Lot
l;thence South 10 degrees East(assuming the North line of said Government Lot 1 as
�.,, bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as
n`�4 "Point A"; thence continuing south 10 degrees East a distance of 117.65 feet to the
� � actual point of beginning; thence South 67 degrees 48 minutes West to the shore of
`� ��-` Tanager Lake; thence Northerly along said shore line to a line bearing South 67
�
`�' � degrees 48 minutes West from said "Point A";thence North 67 degrees 48 minutes East
�!�, to the shore of Lake Minnetonka; thence Southerly along the shore line of Lake
U*' Minnetonka to a line bearing North 67 degrees 48 minutes East from the actual point
of beginning; thence South 67 degrees 48 minutes West to the actual point of
. � beginning; which lies Northwesterly of a line drawn parallel with and 65 feet
� Southeasterly from the Northwesterly line and its extensions of the above described
� tract.
�
� 1442 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0005:
.r
� That part of Government Lot 1, Section 11, Township 117, Range 23 described as
follows: Commencing at the meander corner on the North line of said Government Lot
� 1; thence South 10 degrees East (assuming the North line of said Government Lot I as
d bearing East and West) a distance of 647.23 feet to a point hereinafter referred to as
� "Point A"; thence continuing south 10 degrees East a distance of 117.65 feet to the
� actual point of beginning; thence South 67 degrees 48 minutes West to the shore of
a Tanager Lake; thence Northerly along said shore line to a line bearing South 67
degrees 48 minutes West from said ��Point A"; thence North 67 degrees 48 minutes
East to the shore of Lake Minnetonka; thence Southerly along the shore line of Lake
Minnetonka to a line bearing North 67 degrees 48 minutes East from the actual point
of beginning; thence South 67 degrees 48 minutes West to the actual point of
beginning; except that part of the above described tract which lies Northwesterly of a
� line drawn parallel with and 65 feet Southeasterly from the Northwesterly line and its
extensions of the above described tract.
Tonens Property
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EXHIBIT B
Legal Description of the Commercial Property
The following two parcels in Hennepin County, Minnesota:
1444 Shoreline Drive, Orono, Minnesota, PID 11-117-23-22-0006:
�That part of Government Lot l, Section 11, Township 117, Range 23 described as
commencing at the meander corner on the North line of said Government Lot 1; thence
South 10 degrees East (assuming the North line of said Government Lot 1 as bearing
East and West) a distance of 764.88 feet to the actual point of beginning; thence North 67
� degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along
�,� said shore to its intersection with a line bearing North 67 degrees 48 minutes East from a
�� point which is on a line bearing South 10 degrees East and distant 61.39 feet from the
~ actual point of beginning; thence South 67 degrees 48 minutes West to the shore line of
Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of Tanager
,,�, Lake to its intersection with a line bearing South 67 degrees 48 minutes West from the
� actual point of beginning; thence North 67 degrees 48 minutes East to the actual point of
� �beginning.
Address Unassigned, PID 11-117-23-22-0007:
� �That part of Government Lot 1, Section 11, Township 117, Range 23 described as
commencing at the meander corner on the North line of said Government Lot 1; thence
South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East
and West) a distance of 826.27 feet to the actual point of beginning; thence North 67
� degrees 48 minutes East to the shore of Lake Minnetonka; thence Southeasterly along said
r�
shore 60 feet more or less to an intersection with a line bearing North 67 degrees 48
minutes East from a point which is on a line bearing South 10 degrees East and distant
;�'� 61.39 feet from the actual point of beginning; thence South 67 degrees 48 minute West to
the shore of Tanager Lake (formerly Mud Lake); thence Northwesterly along the shore of
Tanager Lake to an intersection with a line bearing South 67 degrees 48 minutes West
from the actual point of beginning; thence North 67 degrees 48 minutes East to the actual
� point of beginning.
\•.�A
Torrens property
,
� Doc No T4903819
Certified, filed and/or recorded on
11/22/11 9:19 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 751595
Doc Name: Contract
Document Recording Fee $46.00
Multiple Certificates Affected $20.00
Fee
Document Total $66.00
Existing Certs New Certs
1213633
1314039
This cover sheet is now a permanent part of the recorded document.