HomeMy WebLinkAboutApplication for MN Motor Vehicle Dealer License ti08/0�?04 10:07 DEALER UN11 4 '33b2b4` ?84y NU.41b IJtd.5
ZONING: The following must be completed by a zoning official within the city or township where FHE.DEALERSHIP Intends
to do business.
ATTN: ZONING OFFICIALS-DO NOT COMPLETE THIS SECTION UNLESS THE OTHER SIDE OFTHIS APPLICA'TiON HAS BEEN
COMPLETED AND SIGNED BY THP APPLICANT
COMPANY NAME: �/ �� C' �'��� `"_ S L G- 6,
ADDRESS Gj: d 'T I E o ��1G�'
TYPE OF LICENSE BEING APPLIED FOR( mark one only)
New used Lessorwholesaler Broker Auctioneer Salvage Pool
Notem New and Used licensees do and Lessor licensees may conduct retail sales.
THIS STATEMENT DESCRIBES THE PRIMARY SITE� ADDITIONAL LOCATION OF THIS LICENSE.
The dealership at the address named above is a permitted / conditional use within the, zoning vlstrict for
the type of business indicated above and no zoning complaints or enforcement actions are.pending at this time.
RESTRICTIONS WHiCH MAY AFFF-CT THE APPROVAL OR DENIAL OF-THE LICENSE APPLICATION(MARK ALL THAT APKM
no sales allowed no signs on_„_property/� bulldln g other -- Or
offkc only no display_Indoo outdoors
�,✓ d
Si NATURE OF ZONIN , • HORITY BATE PHONE NUMBER
Signed and sworn before me by �1� ' t +i •c r- DENISE M.LESKINEN
this �` day of f 20 0'-jNOTARYPUBUC-MINNESOTA
— z %.. My commission Expires Jan 31 2^'5 3
10. �i ccs (Notary Public)
My C mmission expires L `` 1,'
COMMERCIAL BUILDING
MS 168.27 subd. 1 (6). Commercial Building'means a permanent, enclosed building that Is on a permanent foundation and
connected to local sewer and water facilities or otherwise complying with local sanitary codes, is adapted to commercla
use and conforms to local government zoning requirements ... may Include strip office malls or garages...*
COMMERCIAL OFFICE SPACE
MS 168.27 Subd 1 (71. "Commercial office space" means office space occupying all or part of a commercial building.'
•*• The dealer may maintain other entrances to the dealership. If any of the other entrances leads from commercial or
residential space In the same building, there must be a door that can be shut and locked to Close off the entire entrance.
•••• The sign must be In letters that contrast,sharply in color with the background on which the letters are placed. if the
sign Is on a commercial building or a display area, It must be readily legible during daylight hours from the nearest road o
street. if the sign is on a commercial office space, the sign must be readily legible In the fighting commonly used In the
area of the sign from the nearest access to the sign. If the dealer's display area is not adjacent to the dealers commercla
building,the sign at the display area must also indicate where the commercial building is located.
***** Normal business hours refers to the hours that you will normally be conducting business.
Please Note: Per Minnesota Statute 168A.11 subdivision 3, you must ensure that your records will be available during
reasonable bUS(neSS noUrs.
,08/02%04 10:07 DEALER UNIT 4 99525437849 NU.41b L401
MINNESOTA MOTOR VEHICLE DEALER LICENSE Dealer NUMberZ-
TYPE CHANGE
Dealer unit TIOU geed assfstwice445 Minnesota St Ste 18® th "ts-XIJ
easeaau�rtactSaint Paul, Minnesota 66101.5185 limit 2d6•29f7
This license is be/ng chap ed t�o Icl ►�, � �J^�Q7 /`gyp°
NEW USED WHOLSL BROKER LEASE AUCTION
Current Dealer Na a ali k1 e' lC,Q 'Z5,� Z Z
Current Address _ A ,�. ✓
J
LICENSE TYPE CHANGE
1. Complete and attach the Commercial location Checklist.
The form must also be signed by the local zoning official. If there are no zoning
ordinances a letter of verification from the city office will suffice,
The .place of business must campI with the location requirements at the time of
application or the application for TYPE CHANCE will be denied.
2. Change to NEW--
List the makes of vehicles you are franchised to sell:
agredme -66 SUOM CRIwICH thirs-appliFftl
3, Change to WHOLESALER, LESSOR, BROKER or AUCTION-- You must return any plates and
permits that you are not entitled to. Plates and permits may be used only as follows:
LIC DAVO ew 1e/VwA/VS1r Pamirs
New
TYPE used used Used
Wholesaler Auction
Lessor
DECLARATION: I certify that the above Information Is true and correct.
e , a +N snareffMW
NO FEES ARE REQUIRED FOR FILING THESE CHANGES WITH THIS OPRCE
Received by
form PS 2414-02 Date Received
108/02/04 10:07 DEALER UNIT i 99525437849 NU.416 1)02
MINNESOTA MOTOR VEHICLE DEALER LICENSE Dealer Number 2 0572
COMMERCIAL LOCATION CHECKLIST Received by
Date Received
PS024ID-08
Dealer Unit
"S Minnesota St Ste 186
St Paul, MN 55101.5186
COMPANY NAME: 41 `7 ,1�-fb AJ kl' c
ADDRESS stir l(OWn? Lease?)
TYPE OF LICENSE BEING APPLIED FOR: Limited Used Vehicle License
New used Lessor Wholesaler Broker Auctioneer salvage Poo(
THIS CHECKLIST DESCRIBES THE PRIMARY SITE ADDITIONAL LOCATION OF THiS LICENSE.
(note: a separate checklist must be submitted for each location operating under this license)
CHECK HERE IF RETAIL SALES WILL Be CONDUCTO AT THIS SiTE.
CHECK HERE IF THB ADDITIONAL LOCATION IS A DISPLAY LOT ONLY, AND RESPOND TO STATEMENTS Z,, 7 & 8.
This Is a cheCkilst for dealers required to have Commercial Buildings " (NEW, USED, SALVAGE POOL, or AUCTIONEE=R) or
Commercial office space =_ (LESSOR WHOLESALER,or BROKER).
Respond to the following True/False statements regarding the dealership site listed at the above address.
IE/FALSE REQUIREMENT
1 All books ana records necessary to conduct business are kept at the main
location (copies may be kept at Additional Locations).
2 The above location is owned by the dealer or is leased For a minimum of one-
year, If leased, Dealer Lease Form must be attached. If owned proof of
ownersnip must be attached.
3 LESSOR,WHOLESALER, There is a separate and identifiable entrance to the dealership that leads to the
BROKER, LIMITED USED outdoors or to a public area. Note: shared office space such as a reception area
EXEMPT or secretary pool does not qualify as a public area.
a LESSOR,WHOLESALER, The above dealershlp is not accessed by entering through any other business or
BROKER, LIMITED USED residence that Is located in the bullding.
EXEMPT
5 LIMITED USED EXEMPT The above location Is enclosed with floor to telling wails with a door that can be
J shut and locked to close off the entire entrance and Is designated for the
/ exclusive use of the dealership.
6 LIMITED USED EXEMPT The above location has an address that is separate from the.address of any other
business In the building(suite number would oualify).
7 LESSOR,WHOLESALER, This dealership has a display area, either indoors or outdoors, large enough to
BROKER,AUCTIONEER, display at least s vehicles and this display area is designated for the excluflVe
LIMITED USED EXEMPT use of the dealership and Is distinguishable from anv other businesses inventorv.
8 LESSOR,WHOLESALER, A sign identifying the dealership Is displayed on the outside of a commercial
AUCTIONEER, LIMITED USED, bullcling, In a public area if commercial office space, or somewhere on the
EXEMPT premises if the additional location Is a aIs lay lot.
y WHOLESALER EXEMPT The normal business hours are conspicuously posted on the dealersnlp and are
readily vlewable by the public.
10 Personnel or automatic telepnone answering service are available during normal
business hours. (NEW motor vehicle dealers must have personnel aval(able).
11 ZOnUNG APPROVAL LIMITED The above location meets all local zoning requirements as indicated on the
�( USED MMPr Musr BE reverse side of tnls form. OF-Qr c:r c2' 01 (it, (PI cy, J01 C7' cv-QT'(01
CO.MMff60 BY THE ZONAYC OFFICER
12 (REQUIRED FOR The dealership has a facility for the repair and service of motor vehicles and the
(UEWmotor venlcle storage of parts not more than ten miles distance from the principal place of
dealers only) business.
The above place of business meets ALL standards as outlined above. I understand that any misstatement
constitutes material misrepresentation and subjects the license to withdrawal.
SIGNATURE-OWNi IRl0 FFiCER date
0
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
L`9kEIS1401 NO. �!
A RESOLUTION GRA.NI TING CONDITIONAL USE
PERMITS PER SECTION 10.50, SUBDIVISION 3 A AND
INDUSTRIAL SITE PLAN APPROVAL
FILE NO. 02-2795
WHEREAS,WJM Properties,LLC,has an interest in, (hereinafter "the applicant")
and DRB #8, LLC is owner of the property (hereinafter "the owner" located at 2605 Wayzata
Boulevard West within the City of Orono (hereinafter"the City") and legally described as follows:
Exhibit"A"attached,Hennepin County,Minnesota(hereinafter"the property");and
WHEREAS,the applicants have applied for a conditional use permit per Municipal
Zoning Code Section 10.50, Subdivision 3 A to permit use of the property for a wholesale
distribution facility,repair,parts warehouse, and fleet sales and leasing lot; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on June 17, 2002, at which time all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #02-2795.
2. The property is located in the I, Industrial District.
3. Automobile repair and wholesale operations are permitted uses in the I district.
4. Open sales lots,when a wholesale operation,and outside storage are conditional uses
in the I district.
5. The Orono Planning Commission reviewed this application on June 17, 2002 and
recommended approval by a vote of 7 to 0.
Page 1 of 10
O
r � CITY of ORONO
' � � �,� RESOLUTION OF THE CITY COUNCIL
L�kESB0 No. 4 84 V,
6. The Planning Commission made the following findings of fact:
A. The Planning Commission finds the sales allowed on the property as a
Permitted Use would be sales associated with a wholesale operation. In the
Code under the general heading of`Processing'are a list of types of processes
that would be allowed in the district. Processes would include conducting
certain manufacturing, fabrication, storage, or wholesaling operations. The
I district lists"automobile and truck painting, major repair,body and fender
work,upholstering,tire recapping and sales when completely enclosed within
a building." This would allow auto sales as a wholesale operation.
B. The Orono zoning ordinance does not permit"retail sales"in the I,Industrial
zoning district. Retail use of the property for automobile sales in the classic
sense,i.e. general customer visits for the purposes of purchasing a vehicle or
parts,is not permitted on the property. However,proposed uses such as the
body shop, auto processing, and wholesale of cars and parts are permitted
uses in the district.
C. "Auto Sales Showroom"at the north end of the building will involve 32,800
s.f. within the building in addition to an outside open sales lot with stalls for
40 cars on display and for demonstration or test drives,all as part of the fleet
sales and leasing operation. The operation of the showroom and open sales
lot as proposed would meet the definition of a wholesale operation.
D. The body shop and auto prep areas are permitted in the district. The body
shop would be in an area of approximately 45,000 s.f. completely within the
building. Vehicles stored waiting for body repair or for delivery would be
stored in the outside storage area south of the building.
E. The auto prep area will occupy 18,300 s.f of building area. All auto prep
will occur inside the building, Morries expects to receive approximately ten
incoming loads of new automobiles per month. New automobiles will be
unloaded and will be stored outside and delivered to dealerships. Total
outgoing vehicles are estimated at 120 per month.
Page 2 of 10
�1., CITY of ORONO
1` 5-
-
RESOLUTION OF THE CITY COUNCIL
kESYj0 NO.
F. The storage area of the building comprises approximately 17,000 s.f. Storage
will be for internal operating uses, owner storage, and storage of facility
related equipment. The office is incidental to the operation of the facility.
Both storage and office would be allowed as 'incidental'uses of the building
to the operation of the entire facility.
G. The Conditional Use Permits for the outside sales lot and outside storage
would require all items to be stored within a building; or shall be screened by
a fence or wall not less than five feet in height and not less than 50%opaque.
The Planning Commission finds a berm, not less that 3' in height, shall be
constructed north of the outside sales lots with plantings with a height of 3 .
The intent is to provide some visual screening to the outside sales area to not
give the appearance of a retail sales lot. It is the understanding of the
Planning Commission the outside display area is for the fleet customer test
drive and viewing, but not to attract the general public to the site for
individual purchase of vehicles.
H. The Orono zoning ordinance does not define retail sales and wholesale
sales. The City has used a general definitions book titled The Illustrated
Book of Development Definitions.
1) Retail Trade "Establishments engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods."
An important characteristic of retail establishments is that they are usually
a place of business engaged in activity to attract the general public to buy.
Retail establishments sell to customers for their own personal or household
use.
2) Wholesale Trade "Establishments or places ofbusiness primarily engaged
in selling merchandise to retailers;to industrial,commercial,institutional,
or professional business users,or to other wholesalers;or acting as agents
or brokers and buying merchandise for, or selling merchandise to, such
individuals or companies."
Page 3 of 10
o
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
�`�kESI110 NO. 4 K
I. The Comprehensive Plan encourages a conversion to uses such as light
industrial and high tech medical that have a clean, professional appearance
and are compatible with the planned office park on the north side of Highway
12, and the planned residential development west of Old Crystal Bay Road.
The re-use of the WSI property is an opportunity to begin to set the character
for the Industrial District in terms of use and appearance.
J. Retail uses rely on advertising signage to attract customers, while
wholesaling operations normally will provide signage primarily to identify
the site. The signage that is proposed for the site includes a 65 s.f.monument
sign to be located at the entrance to the property from Highway 12 (Morries
Distribution Center Body Works) and building lettering totaling 117 s.f.
(Morries Automotive Group). The Planning Commission finds the proposed
signage does not suggest that the building is advertising for a retail auto
dealership,but rather only identifying the individual user of the facility.
7. The City Council finds that granting a conditional use permit will not be detrimental
to the health, safety or general welfare of the public, will not adversely affect light,
air nor pose a fire hazard or other danger to neighboring properties, nor will its use
depreciate surrounding property values and that the proposed level of use of the
property will be in keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
8. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff and comments of
the applicants and the affect of the proposed use on the health, safety, and welfare
of the community.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby approves a
conditional use permit per Municipal Zoning Code Section Section 10.50,Subdivision 3 A to permit
use of the property for a wholesale distribution facility, repair,parts warehouse, and fleet sales and
leasing lot subject to the following conditions:
Page 4 of 10
o o" o
gl
CITY of ORON4
`A GY&-
SY RESOLUTION OF THE CITY COUNCIL
NO.
l� � , w 4845
kEsB0
1. The outside storage area located on the south side of the building shall be completely
screened with a 6' fence around the perimeter of the storage area. This is the area
where all vehicles intended for body work will be stored when not within the
building.
2. The individual storage area devoted to the parking of new vehicles and finished
vehicles ready for delivery to dealerships shall be limited to 250 parking spaces.The
area should be limited to the east end of the parking lot since adequate screening will
not be located directly within the parking area. The total display parking for vehicles
shall be limited to the 40 at the north ends of the parking lots. Such parking shall be
25 parking spaces north of the building and 15 spaces northeast of the building, as
proposed on the site plan.
3. The parking lot shall have 6 planting islands located within the east parking lot per
the recommendations. The intent of such plantings is to separate areas for display,
customer parking and employee parking from the parking for vehicles that are
intended for processing.
4. The display areas are proposed to use the existing trees that are on the property for
screening. The'new parking area on the north side of the building will require
removal of at least one substantial tree on the north side of the building. The site
plan indicates some of the trees will be relocated between the parking lot and the
highway. Additional screening will be provided in the form of a berm(a minimum
of 3' in height) with planting of junipers. The required screening shall screen the
display parking areas from view to Highway 12.
5. The existing light poles in the east parking lot shall be removed and 4-twin head light
fixtures on poles not to exceed 25' in height are permitted to be constructed to
provide enough lighting to provide security and lighting to the property.
6. 5-twin head liCP
ght poles, not to exceed a height of 20' are permitted to be installed at
the north end of the display parking area.
7. All lighting fixtures shall be a "shoe box" style light fixture with a recessed light
source, not allowing the light sources to be visible from any property line.
Page 5 of 10
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`gkES80�� NO. 4
18. The undersigned owner and applicant have read,understand and hereby agree to the
terms of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of the
property.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 12th day of August, 2002.
ATTEST:
Linda S. Vee, City Clerk Barbara A. Peterson,Mayor
el —01
1
Property Owi '�r(s) /
Applicant /
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this k2th day of August,2002 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
t: RACHEL DODGE Notary Public
NOTARY PUBUC-MINNE^OTA
My Commission E*MS Jan.31 2009
Page 7 of 10
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
G
�L`9Ft SH0 - NO.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
�
� .
The foregoing instrument was acknowledged before me on this �, day of
200 .: 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.
Notary Public
DENISE M.LESKINEN
NOTARY PWUC-MINNESOTA
STATE OF MINNESOTA ^n MY cuff nission ExPlm Jan.31,2005
COUNTY OF HENNEPIN
On this /f/A day of St 200 L, t`1 gjV1 cam, ekqa^,.4.,ju
_mac personally appeared before me,
— who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation , a credible
witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
Notary ublic
PETER W.JOHNSON
NOTARY KOX-MINNESOTA
My Canniion EVk=Jan.31,2005
Page 8 of 10
o � o
' .. CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
L�kESII0 NO. 484
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of ,20_,
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation , a credible
witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this day of , 20_,
personally appeared before me,
who is personally known to me
whose identity I proved on the basis of
whose identity I proved on the oath/affirmation , a credible
witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
Notary Public
Page 9 of 10
Exhibit A
4845
LEGAL DESCRIPTION:
Parcel .1: '
That .part ,of the South .Half of the Northeast Quarter of Se ctlw 33, Township
118, Range. 23, which lies East. of. the East tine of the plot of Ofond. Industrial
! P&k and its .extensions; .arid West of the West line of the.plat of long Lake'
West Industrial Paris and its cictensions; Hennepin County, Minnesota.
Parcel 2:
Lots •1 through 12, inclusive, .Block 1, .Orono Industrial Park,- and all. of Lincoln
Drive, vacated as shown ori the plat or •said Orono Industrial Park.
Page 10 of 10
1
TRANSFER ENTft ,® y V WY A
NENNOW COMT[Tp,X AYfflSUiYM
pot. v\ - 33 +19 S3
AUG 8 2000
EASEMENT AGREEMENT
MINN.
DCPUTY
= h
THI GREEMENT is made as of this/5�—day of 'u /i-e— . 2000 between WSI
INDUSTRIES, INC., a Minnesota corporation, (the "Owner"), and THE CITY OF ORONO, a
municipal corporation(the"City").
RECITALS:
A. Owner is the fee owner of certain real property located in Hennepin County,Minnesota and
legally described in Exhibit A hereto (the"Property").
B. The City requires (a) an easement for a lift station (the "Public Improvement") over and
across that certain portion of the Property as depicted on Exhibit B and legally described.on
Exhibit C(the"Improvement Easement Area")and(b)an easement for access from Highway
12 to the Improvement Easement Area over and across that certain portion of the Property
as depicted on.Exhibit.B and legally described on Exhibit D(the"Access Easement Area").
The Improvement Easement Area and the Access Easement Area are collectively referred
to in this Agreement as the`Basement Area".
C. Owner has agreed to grant the Easements described above subject to the terms and conditions
of this Easement Agreement.
IT IS AGREED:
1. Grant of Easement. Owner hereby grants to the City (a) an easement for the
construction, maintenance, repair and use of the Public Improvement over and across the
Improvement Easement Area(the"Improvement Easement")and(b)an easement for vehicular and
pedestrian access over and across the Access Easement Area (the "Access Easement"). The
Improvement Easement and.the Access Easement are collectively referred to in this Agreement as .
the"Easements". The grant of the Easements described in this Section 1 specifically includes the
right of the City to enter upon the Improvement Easement Area(i)to remove trees,brush,grass,dirt,
and structure from the Improvement Easement Area and(ii)to construct,maintain,repair,inspect,
use,remove and reconstruct,as necessary from time to time and at the City's sole cost and expense,
the Public Improvement. The City shall have no rights to construct, maintain, repair, remove or
reconstruct any portion of the Access Easement Area. The City's rights with respect to the Access
Easement Area are specifically limited to vehicular and pedestrian access.
2. Restoration of Area. Upon completion of any construction within the Improvement
Easement Area and upon removal of the Public Improvement,the City shall,at the City's sole cost
and expense,return any portion of the Improvement Easement Area disturbed by such construction
and/or removal to grade, seed the same, and replace the surface soil with the original type of
material.
Doc# 1226653\3
3. Owner Not to Encroach. Owner agrees that the Improvement Easement Area shall
not be encroached upon by fill,excavation, erection of buildings, or permanent enclosures, fences
or walls,or other obstructions which would interfere with or which would otherwise obstruct access
to, the Public Improvement in any manner.
4. Discontinuance of Use of Easement Parcel. In the event that use of the
Improvement Easement Area is at any time discontinued by the City, the City shall remove the
Public Improvement, restore the Improvement,Easement Area pursuant to Section 2 of this
Agreement, vacate the Easements described in this Agreement, and provide to Owner a written,
executed and recordable Termination of this Easement Agreement (the "Termination"). For
purposes of this Agreement, the City shall be construed to have discontinued use of the Public
Improvement if the Public Improvement is not in active use for a period of thirty(30)consecutive
days or more. In such event,Owner may terminate this Agreement by written notice to the City and
if the City fails to provide the Termination within twenty(20)days of such notice,the Owner may
record the Termination executed only by Owner and which clearly states the discontinuance of use
of the Public Improvement and the City's failure to provide a Termination and such recorded
Termination shall be effective to terminate this Easement for all purposes. If the City fails to remove
the Public Improvement upon the discontinuance of use and written notice by Owner, Owner may
remove the Public Improvement and restore the Improvement Easement Area pursuant to Section
2 of this Agreement, at the City's sole cost and expense. The City shall reimburse Owner for the
cost of such removal and restoration within twenty(20) days of receipt of an invoice for the same.
5. Relocation of Access Easement. The Access Easement Area is across a portion of
the existing driveway and parking lot. In the event the Property is redeveloped and the location of
the Access Easement interferes,in any manner whatsoever,with such redevelopment,the City agrees
to relocate the Access Easement to a suitable location that will continue to provide access from
Highway 12 to the Improvement Easement Area using then existing driveways and/or parking lot
areas.
6. Indemnification. The City hereby agrees to pay and to protect,indemnify and hold.
Owner harmless from and against any liabilities, damages, costs, expenses (including any and all
attorney's fees and expenses),causes of action, suits,.claims,demands or judgments of any nature
whatsoever brought,made or otherwise claimed by any person or entity regarding the Improvement
Easement Area and/or the City's default pursuant to the terms of this Agreement.
7. Successors and Assigns. The terms and provisions of this instrument shall run with
the premises and shall extend to and be binding upon the Owner,its heirs,personal representatives,
successors, and assigns.
8. Authorization of Owner. The Owner covenants that it has a lawful right and
authority,without restriction,to convey the Easement Parcel as herein granted, subject only to the
consent of any party having a record interest in the Easement Parcel.
Doc# 1226653\3
IN AGREEMENT,the Owner and City have caused this Agreement to be executed the day
and year as written above.
CITY OF ORONO WSI INDUSTRIES, INC.
By:Mayo
By:
Its Its:
And By
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this f5+k day of�y�Q� ,2000,
by GG{��;el ') 4 hA>ag e and /-,'n 4.L S- V e f- , the Mayor and City Clerk,
respectively,ofthe City of Orono,a Minnesota municipal corporation,who executed this Agreement
and acknowledged that they executed the same on behalf of the City of Orono.
MARY ANN JOHNSON
NOTARY PUBLIC- SOTA
_) 0,4,
�h CamrtAaton E�ires lan 31,2005
Notary P lic
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing ins"ment was acknowledged before me this (S day of �U e
2000, by Alewoe L J P:t d;/ , the ]ARes,d e�.�,r�G Eo of WSI Industries, Inc., a
Minnesota corporation, on behalf of the corporation.
CA bC11),,,
Not lic
This instrument was Drafted By:
Hinshaw& Culbertson(RAW)
3100 Piper Jaffray Tower
222 South Ninth Street GREOWA QM
Minneapolis,NM 55402 WrARYMM-1880M
(612) 333-3434 U1CwAWN80nJw31.2W
DOC# 1226653\3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That part of the South half of the Northeast Quarter of Section 33,Township 118,Range 23,which
lies East of the East line of the plat of Orono Industrial Park,and its extensions and West of the West
line of the plat of Long Lake West Industrial Park and its extensions,Hennepin County,Minnesota
Doc# 1226653\3
EXHIBIT B
DEPICTION OF THE PROPERTY AND EASEMENT AREAS
Doc# 1226653\3
O
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U . S . HIGHWAY 12
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i I T EASEMENT o^/ 3/ ^/ I
N8927'47W 112.43' / / / 63`24`57"
`ti.3 I N89'27'47"W128.49128.4= _ I
L- - — —— — — —— — _ i
N8927'47'W 154.54'
I
EXISTING
LINE B UTILITY I 20'
EASEMENT
I
WASHINGTON I
N
SCIENTIFIC I
I
I
EXHIBIT C
LEGAL DESCRIPTION OF IMPROVEMENT EASEMENT AREA
The north 56.0 feet of the west 30.0 feet of the east 50.0 feet of the Property.
Doc# 1226653\3
EXHIBIT D
LEGAL DESCRIPTION OF ACCESS EASEMENT AREA
That portion of the Property legally described as follows: 10.0 feet east of and 20.0 feet west ofthe
following described line A; commencing at the northwest corner of the southeast quarter of the
northeast quarter of Section 33,Township 118,Range 23;thence southerly along said quarter quarter
line a distance of 50.57 feet to the point of beginning;thence southerly along said quarter quarter line
a distance of 165.62 feet and thus terminating.
And
A permanent easement for the benefit of the public across the Property, 10.0 feet either side of the
following described Line B;commencing at the termination point of Line A;thence northerly along
Line A a distance of 10.0 feet to the point of beginning;thence easterly along a line parallel to the
north lot line of the Property a distance of 128.49 feet; thence deflecting at 63° 24' 57" to the
northeast a distance of 156.75 feet plus or minus and thus terminating on the north lot line of the
Property, except that portion of the easement area previously described.
Doc# 1226653\3
CONSENT OF MORTGAGEE
AND SUBORDINATION OF MORTGAGE LIEN
THIS CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE
LIEN is executed this IS"�" day of -rc,k.,— , 2000 by U.S. BANK NATIONAL
ASSOCIATION, a national banking association("US Bank").
RECITALS:
A. US Bank is the mortgagee of ceratin real property legally described on Exhibit A attached
(the"Property"), pursuant to that certain Mortgage, Security Agreement, Assignment of
Leases and Rent and Fixture Financing Statement dated August 6, 1999 and recorded
August 12, 1999 as Document No. 3192219 (the"Mortgage") from WSI Industries, Inc.,
a Minnesota corporation,which is the fee owner of the Property("Owner").
B. The City of Orono, a Minnesota municipal corporation(the"City")has requested that
Owner grant an easement in favor of the City, which easement is evidenced by that
certain Easement Agreement by and between the Owner and the City and is dated as of
Tk.,P- !S , 2000 and has been filed for record on
2000 as Document No. (the"Easement").
C. The City has further requested that US Bank subordinate the lien of the Mortgage to the
rights of the City as set forth in the Easement.
IT IS AGREED:
US Bank hereby consents to the terms and conditions of the Easement and further agrees
that the Mortgage is subject and subordinate to the right of the City as set forth in the
Easement.
IN AGREEMENT,the undersigned has caused this Consent to be executed effective as
of `/_"he- /$- ,2000.
U.S. BANK NATIONAL ASSOCIATION
By
4,k
Its
Doc# 1226653\3
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
This i trumpnt was acknowledged before me on , 2000, by�, /I�12mbla�
the l� i?��ei�� of U.S. Wank National Association, a national
banking association, on behalf of the associat4aNo
ublic
i-p�0
BARBARA M. DEVAHL
Notary Public
This Instrument Drafted by: Minnesota
rwy Commission Expires Jan.31.2005
HINSHAW&CULBERTSON
3100 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612) 333-3434
Doc# 1226653\3
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Par 1: That part'of the South half of the Northeast Quarter of Section 33, Township 118, Range
23, which lies East of the East line of the plat of Orono Industrial Park, and its extensions and
West of the West line of the plat of Long Lake West Industrial Park and its extensions, Hennepin
County, Minnesota
Par 2: Lots 1 through 12, inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive,
vacated, as shown on the plat of said Orono Industrial Park.
1 P'
Doc# 1226653\3
77 4
n
CLt.) m "'o
Kq - Lt- -,( 15-e Iry i �S
;4 2v�
OFFICE OF COUNTY RECORDER
HENNEPIN COUNTY.MINNESOTA
CERTIFIED FILED AND OR
RECORDED ON
00 AUG -8 AM 8: 43
r:;7334853
,Z,'3:1C'�k� CO.REC.
LU.-DEPUTY
Gg��t�Ga
Metro Legal Services Inc.
Box 491
6
HINSHAW & CULBERTSON
ChA O PU ESfj�7 bdC,,
,rAj1E
APPLETON,WISCONSIN PIPER JAFFRAY TOWER
BELLEVILLE,ILLINOIS SUITE 3100 MILWAUKEE,WISCONSIN
BROOKFIELD,WISCONSIN 222 SOUTH NINTH STREET MUNSTER,INDIANA
CHAMPAIGN,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 PEORIA,ILLINOIS
CHICAGO,ILLINOIS PHOENIX,ARIZONA
CRYSTAL LAKE,ILLINOIS 612.333.3434 ROCKFORD,ILLINOIS
FT.LAUDERDALE,FLORIDA ST.LOUIS,MISSOURI
JACKSONVILLE,FLORIDA SAN FRANCISCO,CALIFORNIA
JOLIET,ILLINOIS SPRINGFIELD,ILLINOIS
LISLE,ILLINOIS TELEFAX:612.334.8888 TAMPA,FLORIDA
MIAMI,FLORIDA WAUKEGAN,ILLINOIS
October 20, 2000
WRITER'S DIRECT DIAL NO. FI LE NO.
612-334-2516 754868
Greg Gappa
Director of Public Services
City of Orono
P.O. Box 66
Crystal Bay, MN 55323-0066
Re: Lift Station Easement-Washington Scientific Industries, Inc.
Dear Greg:
I am enclosing the original of the Lift Station Easement, which has been returned to us
after recording, for your files.
This matter is now fully concluded.
Very truly ;
Rolfe A. W den
cc: Thomas J. Barrett, Esq.
HC26DS4/4715/26536869.v1 10/20/2000 A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
` t TRANSFER ENTERED
1IENVNEPhRd(;pUb6F/TA3UAYER SERVtCES
` 334853
' AUG 8 2000
EASEMENT AGREEMENT
}� MNNN.
QcPUT1'
`a THI A EMENT is made as of this /S' day of ly n , 2000 between WSI
INDUSTRI C., a Minnesota corporation, (the "Owner"), and THE CITY OF ORONO, a
municipal corporation(the "City").
RECITALS:
A. Owner is the fee owner of certain real property located in Hennepin County,Minnesota and
legally described in Exhibit A hereto (the"Property").
B. The City requires (a) an easement for a lift station (the "Public Improvement") over and
across that certain portion of the Property as depicted on Exhibit B and legally described on
Exhibit C(the"Improvement Easement Area")and(b)an easement for access from.Highway
12 to the Improvement Easement Area over and across that certain portion of the Property
as depicted on Exhibit B and legally described on Exhibit D(the`:A.ccess Easement Area").
The Improvement Easement Area and the Access Easement Area are collectively referred.
to in this Agreement as the"Easement Area".
C. Owner has agreed to grant the Easements described above subject to the terms and conditi ons
of this Easement Agreement.
IT IS AGREED:
1. Grant of Easement. Owner hereby grants to the City (a) an easement for the
construction, maintenance, repair and use of the Public Improvement over and across the
Improvement Easement Area(the"Improvement Easement")and(b)an easement for vehicular and
pedestrian access over and across the Access Easement Area (the "Access Easement"). The
Improvement Easement and the Access Easement are collectively referred to in this Agreement as
the "Easements". The grant of the Easements described in this Section 1 specifically includes the
right of the City to enter upon the Improvement Easement Area(i)to remove trees,brush,grass,dirt,
and structure from the Improvement Easement Area and(ii)to construct,maintain,repair, inspect,
use,remove and reconstruct,as necessary from time to time and at the City's sole cost and expense..
the Public Improvement. The City shall have no rights to construct, maintain, repair, remove or
reconstruct any portion of the Access Easement Area. The City's rights with respect to the Access
Easement Area are specifically limited to vehicular and pedestrian access.
2. Restoration of Area. Upon completion of any construction within the Improvement.
Easement Area and upon removal of the Public Improvement,the City shall, at the City's sole cost
and expense,return any portion of the Improvement Easement Area disturbed by such construction
and/or removal to grade, seed the same, and replace the surface soil with the original type of
material.
Doc# 127.6653\3
L'
3. Owner Not to Encroach. Owner agrees that the Improvement Easement Area shall
not be encroached upon by fill, excavation, erection of buildings, or permanent enclosures, fences
or walls,or other obstructions which would interfere with or which would otherwise obstruct access
to, the Public Improvement in any manner.
4. Discontinuance of Use of Easement Parcel. In the event that use of the
Improvement Easement Area is at any time discontinued by the City, the City shall remove the
Public Improvement, restore the Improvement Easement Area pursuant to Section 2 of this
Agreement, vacate the Easements described in this Agreement, and provide to Owner a written,
executed and recordable Termination of this Easement Agreement (the "Termination"). For
purposes of this Agreement, the City shall be construed to have discontinued use of the Public
Improvement if the Public Improvement is not in active use for a period of thirty(30)consecutive
days or more. In such event,Owner may terminate this Agreement by written notice to the City and
if the City fails to provide the Termination within twenty(20)days of such notice,the Owner may
record the Termination executed only by Owner and which clearly states the discontinuance of use
of the Public Improvement and the City's failure to provide a Termination and such recorded
Termination shall be effective to terminate this Easement for all purposes. If the City fails to remove
the Public Improvement upon the discontinuance of use and written notice by Owner, Owner may
remove the Public Improvement and restore the Improvement Easement Area pursuant to Section
2 of this Agreement, at the City's sole cost and expense. The City shall reimburse Owner for the
cost of such removal and restoration within twenty(20)days of receipt of an invoice for the same.
5. Relocation of Access Easement. The Access Easement Area is across a portion of
the existing driveway and parking lot. In the event the Property is redeveloped and the location of
the Access Easement interferes,in any manner whatsoever,with such redevelopment,the City agrees
to relocate the Access Easement to a suitable location that will continue to provide access from
Highway 12 to the Improvement Easement Area using then existing driveways and/or parking lot
areas.
6. Indemnification. The City hereby agrees to pay and to protect,indemnify and hold
Owner harmless from and against any liabilities, damages, costs, expenses (including any and all
attorney's fees and expenses),causes of action, suits, claims, demands or judgments of any nature
whatsoever brought,made or otherwise claimed by any person or entity regarding the Improvement
Easement Area and/or the City's default pursuant to the terms of this Agreement.
7. Successors and Assigns. The terms and provisions of this instrument shall run with
the premises and shall extend to and be binding upon the Owner,its heirs,personal representatives,
successors, and assigns.
8. Authorization of Owner. The Owner covenants that it has a lawful right and
authority,without restriction, to convey the Easement Parcel as herein granted, subject only to the
consent of any party having a record interest in the Easement Parcel.
Doc# 1226653\3
IN AGREEMENT,the Owner and City have caused this Agreement to be executed the day
and year as written above.
CITY OF ORONO WSI INDUSTRIES, INC.
c
By: — — By:
Its Mayor Its: Cj'-(F
Ad'Byz
Its''ity Clerk
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /S+i,day of_ J q NF 2000,
by i e( J"I>b e 4 P- and Linda -S . �'e — _, the Mayor and City Clerk,
respectively,of the City of Orono,a Minnesota municipal corporation,who.executed this Agreement
and acknowledged that they executed the same on behalf of the City of Orono.
MARY ANN JOHNSON
NOTARY PUBLIC-MINNESOTA
My counission Expires Jan.31,2005
NotaryPU he
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Itrument was acknowled ed before me this / day of2000, byYAicH,Tecjy 4'/ , the of WSI Industries, Inc., a
Minnesota corporation, on behalf of the corporation.
�- A -�)
Notary Pu 1'
This instrument was Drafted By:
Hinshaw & Culbertson (RAW)
3100 Piper Jaffray Tower QAPPA
222 South Ninth Street 0MGM A.WrMYRAW-WOOTA
Minneapolis, NM 55402 MyCare"mEonim.31,2M
(612) 333-3434 -
Doc# 1226653\3
y
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That part of the South half of the Northeast Quarter of Section 33,Township 118,Range 23,-which
lies East of the East line of the plat of Orono Industrial Park,and its extensions and West of the West
line of the plat of Long Lake West Industrial Park and its extensions,Hennepin County,Minnesota
Doc# 1226653\3
EXHIBIT B
DEPICTION OF THE PROPERTY AND EASEMENT AREAS
Doc# 1226653\3
O
I T
U . S . HIGHWAY 12
W
N � �--
---_---_---- ----------------
00
x 1ELE
'n / v 6 0'00'0
— ss S89- Es —114,1 ss ss 6..00'
1
I� r
a M -� S89'58'52" 19.10 N8 '21' "W
li N w
70.921 20.00.
cn
O N �
H• O O ^M I v�
I' �N N LINE A lc/
Ln
I N
I� z
N N N N89'21 5'
1 X t0 �w ��
`J 50.00 —
1 �n v ,�N �
CMP
LINE B ( �,
I I T EASEMENT o^/ 3/ / I
20' 10'
I I
N
N89'27'47"W 112.43' / / / 63'24'57" I �,
L _ N89'27W1
'47" 28.49 18.
249 r
N89'27'47"W 154.54'
I
EXISTING
LINE B UTILITY I 20'
EASEMENT
WASHINGTON
N I
SCIENTIFIC
i
. I
EXHIBIT C
LEGAL DESCRIPTION OF IMPROVEMENT EASEMENT AREA
The north 56.0 feet of the west 30.0 feet of the east 50.0 feet of the Property.
Doc# 1226653\3
EXHIBIT D
LEGAL DESCRIPTION OF ACCESS EASEMENT AREA
That portion of the Property legally described as follows: 10.0 feet east of and 20.0 feet west of the
following described line A; commencing at the northwest corner of the southeast quarter of the
northeast quarter of Section 33,Township 118,Range 23;thence southerly along said quarter quarter
line a distance of 50.57 feet to the point of beginning;thence southerly along said quarter quarter line
a distance of 165.62 feet and thus terminating.
And
A permanent easement for the benefit of the public across the Property, 10.0 feet either side of the
following described Line B;commencing at the termination point of Line A;thence northerly along
Line A a distance of 10.0 feet to the point of beginning; thence easterly along a line parallel to the
north lot line of the Property a distance of 128.49 feet; thence deflecting at 63° 24' 57" to the
northeast a distance of 156.75 feet plus or minus and thus terminating on the north lot line of the
Property, except that portion of the easement area previously described.
Doc# 1226653\3
CONSENT OF MORTGAGEE
AND SUBORDINATION OF MORTGAGE LIEN
THIS CONSENT OF MORTGAGEE AND SUBORDINATION OF MORTGAGE
LIEN is executed this /S41 day of J---C , 2000 by U.S. BANK NATIONAL
ASSOCIATION, a national banking association("US Bank").
RECITALS:
A. US Bank is the mortgagee of ceratin real property legally described on Exhibit A attached
(the"Property"), pursuant to that certain Mortgage, Security Agreement, Assignment of
Leases and Rent and Fixture Financing Statement dated August 6, 1999 and recorded
August 12, 1999 as Document No. 3192219 (the"Mortgage") from WSI Industries, Inc.,
a Minnesota corporation, which is the fee owner of the Property("Owner").
B. The City of Orono, a Minnesota municipal corporation(the"City") has requested that
Owner grant an easement in favor of the City,which easement is evidenced by that
certain Easement Agreement by and between the Owner and the City and is dated as of
2000 and has been filed for record on
2000 as Document No. (the"Easement").
C. The City has further requested that US Bank subordinate the lien of the Mortgage to the
rights of the City as set forth in the Easement.
IT IS AGREED:
US Bank hereby consents to the terms and conditions of the Easement and further agrees
that the Mortgage is subject and subordinate to the right of the City as set forth in the
Easement.
_IN AGREEMENT,the undersigned has caused this Consent to be executed effective as
of �/K ti� iy , 2000.
U.S. BANK NATIONAL ASSOCIATION
By
Its V
Doc# 1226653\3
• # t
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) /_
his in rument was acknowledged before me on o�! , 2000, by ,h` mO'�`�'
the kLie of U.S. ffank National Association a national
banking association, on behalf of the association.
Notary Public
ARBARA M. DEVAHL
This Instrument Drafted b #; Notary Public
Y Minnesota
4r.;i mission Expires Jan.31.200.5
HINSHAW& CULBERTSON m
3100 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
(612) 333-3434
Doc# 1226653\3
,w
EXHIBIT A
a
LEGAL DESCRIPTION OF THE PROPERTY
Par 1: That part'of the South half of the Northeast Quarter of Section 33, Township 118, Range
23, which lies East of the East line of the plat of Orono Industrial Park, and its extensions and
West of the West line of the plat of Long Lake West Industrial Park and its extensions, Hennepin
County, Minnesota
Par 2: Lots 1 through 12, inclusive, Block 1, Orono Industrial Park, and all of Lincoln Drive,
vacated, as shown on the plat of said Orono Industrial Park.
J
Doc# 1226653\3
ti.
xC-6
7334853
OFFICE OF COUNTY RECORDER
HENNEPIN COUNTY.MINNESOTA
CERTIFO FILED AND OR
CORDED ON
AUG -8 AN 8*- 43
J 334853
.:;4!.n ! CO.REC.
2mda&DEPUT Y
� OQ�
G
ORp8 ega! Services Inc.
tBox 491