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HomeMy WebLinkAboutDoc # A9681441 575 Wayyatx- I3/vd III 11 1 11 1011 I II 10 II Doc No A9681441 Certified filed and/or recorded on 8/8/11 12:00 PM Office of the Count Recorder Hennepin Cou , Minnesota Michael H. Cun , County Recorder Jill L. Alverson, unty Auditor and Treasurer Deputy 45 / Pkg ID 728681 Doc Name: Agreement Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. STORMWATER MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into as of the 2A day of JU.VLP/ , 2011, by and between CPE Exchange 33968, LLC, a Minnesota limited liability company, (the "Owner") and the CITY OF ORONO, a Minnesota municipal corporation(the "City"). WITNESSETH: WHEREAS, the Owner is developing certain real property located in the Hennepin County, Minnesota, legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Owner has granted to the City a drainage and utility easement over a portion of the Property (the "Easement Area") legally described on Exhibit B attached hereto; and WHEREAS, the Owner intends to construct within the Easement Area certain stormwater improvements (the"Stormwater Improvements") for the benefit of the Property; and WHEREAS, the City has entered into an agreement with the Owner for the construction and maintenance of the Stormwater Improvements; and WHEREAS, the Minnehaha Creek Watershed District requires permanent provisions for handling of storm runoff, including provisions for operation and maintenance of all stormwater runoff facilities and ponds, and such provisions are to be set forth in an agreement to be recorded in the real estate records; and WHEREAS, the City and the Owner intend to comply with certain conditions, including entering into a maintenance agreement regarding the Stormwater Improvements; NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Maintenance of the Stormwater Improvements. The Owner and its successor or assigns as fee owner of the Property shall be responsible for maintaining the Stormwater Improvements and for observing all drainage laws governing the operation and maintenance of the Stormwater Improvements. The Owner shall provide the City with a schedule acceptable to 1 the City for inspection of the Stormwater Improvements. The Owner shall make all such scheduled inspections, keep record of all inspections and maintenance activities, and submit such records annually to the City. The cost of all inspections and maintenance, including skimming and cleaning of the Stormwater Improvements, shall be the obligation of the Owner and its successors or assigns as the fee owner of the Property. 2. City's Maintenance Rights. The City may maintain the Stormwater Improvements, as provided in this paragraph, if the City reasonably believes that the Owner or its successors or assigns has failed to maintain the Stormwater Improvements in accordance with applicable drainage laws and other requirements and such failure continues for 30 days after the City gives the Owner written notice of such failure. The City's notice shall specifically state which maintenance tasks are to be performed. If Owner does not complete the maintenance tasks within 30 days after such notice is given by the City, the City shall have the right to enter upon the Easement Area to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Owner or its successors or assigns, which shall include all staff time, engineering and legal and other costs and expenses incurred by the City. If the Owner or its assigns fails to reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within 30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost thereof against all of the lots within the Property. The Owner, on behalf of itself and its successor and assigns, acknowledges that the maintenance work performed by the City regarding the Stormwater Improvements benefits the lots in the Property in an amount which exceeds the assessment and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise provided by Minnesota Statutes Chapter 429. Notwithstanding the foregoing, in the event of an emergency, as determined by the City Engineer, the 30-day notice requirement to the Owner for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Owner, and the Owner shall reimburse the City and be subject to assessment for any expense so incurred by the City in the same manner as if written notice as described above has been given. 3. Hold Harmless. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from third party claims based upon the Owner's or the Owner's agents or employee's negligent or willful misconduct, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 4. Costs of Enforcement. The Owner agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 5. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: 2 To the Owner: CPE Exchange 33968, LLC c/o Kraus-Anderson Realty Company 4210 West Old Shakopee Road Bloomington, MN 55437-2951 Attn: Matt Alexander To the City: City of Orono 2750 Kelley Parkway P.O. Box 66 Crystal Bay, MN 55323 Attn: 0.Aihj A-G(,Wu rLr,.s'}Y dy All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 6. Successors. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner's successors and assigns. The terms and conditions of this Agreement shall run with the Property. 7. Effective Date. This Agreement shall be binding and effective as of the date hereof. CPE Exchange 33968, LLC By: J 7 Ir_ • erson It • Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /1 day of in 4y , 2011, by Jeff R. Peterson, the Chief Manager of CPE Exchange 33968, LLC a Minnesota limited liability company, on behalf of the limited liability company._ ./--(L&.169 ., . KARLA J JORDAN 1 Notary Public _ sll NOTARY PUBLIC 1 s; �,; ��1r' MINNESOTA 1 My Commission Expires Jan.31,2015 1 3 CITY OF ORONO ,, ,.‘ All'.. 0/' ': ' By: JZO• • J'IfeC /-6-itila-,-. "F, J . Lili Tod McMillan, Mayor + r • U And: ,J t _- NJ•• � �„key � .+,+�� � k !p/'i•A ; ,1•if- ,N. Linda S. Vee, City Clerk d. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this c1.7 day of , 2011, by Lili Tod McMillan and by Linda S. Vee, respectively the Mayor and City C 9erk of the City of Orono, a Minnesota municipal corporation, on behalf of the municipal corporation and pursuant to the authority granted by its City Council. CII✓- //YIltI_l!✓✓!!l1!✓If./1.1-� ti -"� MONICA A.FADNESS ti n . --ztlpii44 ti '; � NOTARY PUBLIC-MINNESOTA 1 ° '` ° My Commission Expires Jan.31,2012 ..,--_,-...--_--,-....-....,...-_..-_,,,,- DRAFTED rr-,,ir,,r rrrr-,r✓rr rrrrrri J� Notary Public DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 Telephone: (651)452-5000 SMM:srn T:UIM-MARY\ENGELSMA LIMITED PARTNERSHIP\Orono Land-Senior Housing Project\Stormwater Maintenance Agmt\Stormwater Maintenance Agmt-CPE Exchange 33968,LLC (Clean-5.6.11).Doc 4 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property The land to which this Stormwater Maintenance Agreement applies is legally described as follows: PARCEL 1 That part of the Southeast Quarter of the Southeast Quarter of Section 35, Township 118 North, Range 23 West of the 5th Principal Meridian, described as follows: Beginning at a point on the West line of said Southeast Quarter of the Southeast Quarter, 29.7 feet North of the Northeasterly line of the right of way of the Great Northern Railway Company; thence North along the West line of said Southeast Quarter of the Southeast Quarter to the South line of the right of way of the Electric Short Line Railway Company; thence Easterly along the South line of said Electric Short Line Railway Company to the Southwesterly line of State Highway 12, formerly No. 10; thence Southeasterly along said Southwesterly line of said Highway to a point distant 385 feet measured at right angles from the South line of Section 35; thence Westerly parallel with and distant 385 feet, measured at right angles from the South line of said Section 35, a distance of 1011.05 feet to the point of beginning. Excepting therefrom that part of the above described property as is contained in Document No. 3964258 Hennepin County Recorder's Office. And further excepting therefrom that part of the South Half of the Southeast Quarter of Section 35, Township 118 North, Range 23 West, shown as Parcel 97 on Minnesota Department of Transportation Right of Way Plat Numbered 27-134 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. PARCEL 2 All that part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 118, Range 23 lying South of the Southeasterly right of way line of the Electric Short Line Railway Company and Northeasterly of the Northeasterly right of way line of the Great Northern Railway Company. Excepting therefrom that part of the South Half of the Southeast Quarter of Section 35, Township 118 North, Range 23 West, shown as Parcel 97 on Minnesota Department of Transportation Right of Way Plat Numbered 27-134 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. A-1 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Legal Description of Drainage and Utility Easement The drainage and utility easement granted to the City of Orono over: A DRAINAGE AND UTILITY EASEMENT OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 118 NORTH,RANGE 23 WEST OF THE 5TH PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT ON THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER,29.7 FEET NORTH OF THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE GREAT NORTHERN RAILWAY COMPANY;THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE SOUTH LINE OF THE RIGHT OF WAY OF THE ELECTRIC SHORT LINE RAILWAY COMPANY; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID ELECTRIC SHORT LINE RAILWAY COMPANY TO THE SOUTHWESTERLY LINE OF STATE HIGHWAY 12,FORMERLY NO. 10;THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF SAID.HIGHWAY TO A POINT DISTANT 385 FEET MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SECTION 35; THENCE WESTERLY PARALLEL WITH AND DISTANT 385 FEET,MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID SECTION 35,A DISTANCE OF 1011.05 FEET TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PART OF THE ABOVE DESCRIBED PROPERTY AS IS CONTAINED IN DOCUMENT NO.3964258,HENNEPIN COUNTY RECORDER'S OFFICE.AND FURTHER EXCEPTING THEREFROM THAT PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 118 NORTH,RANGE 23 WEST, SHOWN AS PARCEL 97 ON MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NUMBERED 27- 134 AS THE SAME IS ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR HENNEPIN COUNTY,MINNESOTA. PARCEL 2: ALL THAT PART OF THE SOUTHWEST.QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 118,RANGE 23 LYING SOUTH OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE ELECTRIC SHORT LINE RAILWAY COMPANY AND NORTHEASTERLY OF THE NORTHEASTERLY RIGHT OF WAY LINE OF THE GREAT NORTHERN RAILWAY COMPANY. EXCEPTING THEREFROM THAT PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 118 NORTH,RANGE 23 WEST, SHOWN AS PARCEL 97 ON MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT NUMBERED 27-134 AS THE SAME ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR HENNEPIN COUNTY,MINNESOTA. THE EASEMENT TO BE DESCRIBED IS MORE PARTICULARLY DESCRIBED AS: �, I EASEMENT A COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT- OF-WAY LINE OF LUCE LINE TRAIL (FORMERLY THE ELECTRIC SHORT LINE RAILWAY COMPANY) AND THE SOUTHWESTERLY LINE OF STATE HIGHWAY 12; THENCE SOUTH 82 DEGREES 45 MINUTES 49 SECONDS WEST, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 392.03 FEET; THENCE SOUTH 07 DEGREES 14 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, A DISTANCE OF 73.75 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE NORTH 87 DEGREES 36 MINUTES 31 SECONDS EAST, A DISTANCE OF 89.00 FEET; THENCE NORTH 69 DEGREES 50 MINUTES 10 SECONDS EAST, A DISTANCE OF 22.00 FEET; THENCE SOUTH 26 DEGREES 15 MINUTES 07 SECONDS EAST, A DISTANCE OF 4.00 FEET; THENCE SOUTH 63 DEGREES 44 MINUTES 53 SECONDS WEST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 49 DEGREES 31 MINUTES 38 SECONDS WEST, A DISTANCE OF 33.00 FEET; THENCE SOUTH 67 DEGREES 59 MINUTES 59 SECONDS WEST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 75 DEGREES 22 MINUTES 58 SECONDS WEST A DISTANCE OF 46.00 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT A; THENCE NORTH 12 DEGREES 31 MINUTES 53 SECONDS WEST A DISTANCE OF 41.00 FEET TO THE POINT OF BEGINNING; AND EASEMENT B COMMENCING AT THE AFOREMENTIONED POINT A; THENCE SOUTH 27 DEGREES 46 MINUTES 48 SECONDS EAST, A DISTANCE OF 91.74 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE NORTH 67 DEGREES 49 MINUTES 49 SECONDS, A DISTANCE OF 58.00 FEET; THENCE SOUTH 68 DEGREES 26 MINUTES 04 SECONDS EAST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 15 DEGREES 23 MINUTES 02 SECONDS EAST, A DISTANCE OF 21.00 FEET; THENCE SOUTH 28 DEGREES 37 MINUTES 18 SECONDS EAST; A DISTANCE OF 29.00 FEET; THENCE SOUTH 16 DEGREES 27 MINUTES 35 SECONDS EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 71 DEGREES 25 MINUTES 41 SECONDS WEST, A DISTANCE OF 24.00 FEET; THENCE NORTH 58 DEGREES 14 MINUTES 57 SECONDS WEST, A DISTANCE OF 44.03 FEET; THENCE NORTH 82 DEGREES 48 MINUTES 36 SECONDS WEST, s-z A DISTANCE OF 4.98 FEET; THENCE NORTH 63 DEGREES 35 MINUTES 28 SECONDS WEST, A DISTANCE OF 21.00 FEET TO THE POINT OF BEGINNING; AND EASEMENT C COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY RIGHT-OF- WAY LINE OF LUCE LINE TRAIL (FORMERLY THE ELECTRIC SHORT LINE RAILWAY COMPANY)AND THE SOUTHWESTERLY LINE OF STATE HIGHWAY 12; THENCE SOUTH 82 DEGREES 45 MINUTES 49 SECONDS WEST, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, A DISTANCE OF 150.13 FEET; THENCE SOUTH 07 DEGREES 14 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, A DISTANCE OF 50.57 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE NORTH 68 DEGREES 49 MINUTES 46 SECONDS EAST, A DISTANCE OF 72.00 FEET; THENCE NORTH 85 DEGREES 44 MINUTES 07 SECONDS EAST, A DISTANCE OF 32.00 FEET; THENCE SOUTH 85 DEGREES 54 MINUTES 59 SECONDS EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 05 DEGREES 37 MINUTES 08 SECONDS EAST, A DISTANCE OF 21.00 FEET; THENCE SOUTH 13 DEGREES 55 MINUTES 03 SECONDS WEST, A DISTANCE OF 10.50 FEET; THENCE NORTH 76 DEGREES 04 MINUTES 57 SECONDS WEST,A DISTANCE OF 3.50 FEET; THENCE SOUTH 25 DEGREES 13 MINUTES 28 SECONDS WEST, A DISTANCE OF 19.16 FEET; THENCE SOUTHWESTERLY 22.87 FEET ALONG A TANGENTIAL CURVE, CONCAVE TO THE NORTHWEST,HAVING A RADIUS OF 18.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 48 MINUTES 31 SECONDS; THENCE NORTH 81 DEGREES 58 MINUTES 01 SECONDS WEST, TANGENT TO LAST DESCRIBED CURVE, A DISTANCE OF 24.00 FEET; THENCE NORTH 53 DEGREES 35 MINUTES 12 SECONDS WEST, A DISTANCE OF 42.51 FEET; THENCE WESTERLY 20.03 FEET ALONG A TANGENTIAL CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 23.00 FEET AND A CENTRAL ANGLE OF 49 DEGREES 53 MINUTES 38 SECONDS; THENCE SOUTH 76 DEGREES 31 MINUTES 10 SECONDS WEST, TANGENT TO LAST DESCRIBED CURVE, A DISTANCE OF 16.00 FEET TO A POINT HEREINAF TER REFERRED TO AS POINT B; THENCE NORTH 14 DEGREES 06 MINUTES 49 SECONDS WEST, A DISTANCE OF 2.50 FEET TO THE POINT OF BEGINNING: AND EASEMENT D COMMENCING AT THE AFOREMENTIONED POINT B; THENCE SOUTH 18 DEGREES 47 MINUTES 05 SECONDS EAST, A DISTANCE OF 116.74 FEET TO THE POINT OF BEGINNING OF THE EASEMENT TO BE DESCRIBED; THENCE NORTH 67 DEGREES 59 MINUTES 59 SECONDS EAST,A DISTANCE OF 18.73 13 - 3 FEET; THENCE SOUTHEASTERLY 26.92 FEET ALONG A TANGENTIAL CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 19.50 FEET AND A CENTRAL ANGLE OF 79 DEGREES 06 MINUTES 22 SECONDS; THENCE SOUTH 32 DEGREES 53 MINUTES 39 SECONDS EAST, A DISTANCE OF 6.05 FEET; THENCE SOUTH 57 DEGREES 06 MINUTES 21 SECONDS WEST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 32 DEGREES 53 MINUTES 39 SECONDS EAST, A DISTANCE OF 96.00 FEET; THENCE NORTH 57 DEGREES 06 MINUTES 21 SECONDS EAST, A DISTANCE OF 7.00 FEET; THENCE SOUTH 20 DEGREES 33 MINUTES 51 SECONDS EAST, A DISTANCE OF 13.50 FEET; THENCE SOUTH 62 DEGREES 57 MINUTES 05 SECONDS WEST, A DISTANCE OF 47.00 FEET; THENCE NORTH 77 DEGREES 25 MINUTES 48 SECONDS WEST, A DISTANCE OF 8.50 FEET; THENCE NORTH 17 DEGREES 26 MINUTES 43 SECONDS WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 67 DEGREES 59 MINUTES 59 SECONDS EAST,A DISTANCE OF 5.50 FEET; THENCE NORTH 22 DEGREES 00 MINUTES 01 SECONDS WEST, A DISTANCE OF 82.00 FEET THENCE NORTH 34 DEGREES 53 MINUTES 22 SECONDS WEST,A DISTANCE OF 10.00 FEET; THENCE NORTH 22 DEGREES 10 MINUTES 34 SECONDS WEST, A DISTANCE OF 28.00 FEET; THENCE NORTH 50 DEGREES 35 MINUTES 03 SECONDS EAST, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING.