HomeMy WebLinkAboutGrant of Permmanent Easement R
-` Doc No A9371167
Certified filed and/or recorded on
6/4/09 10:00 AM
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Jill L. Alverson, County Auditor and Treasurer
Deputy 65 Pkg ID 542047
Doc Name: Easement
Document Recording Fee $46.00
Attested Copy or Duplicate $2.00
Original
Document Total $48.00
This cover sheet is now a permanent part of the recorded document.
c
r
(reserved for recording information)
GRANT OF PERMANENT EASEMENT
RYAN COMPANIES US,INC., a corporation organized under the laws of the State of
Minnesota,hereinafter referred to as"Grantor",in consideration of One Dollar($1.00)and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does
hereby grant unto the CITY OF ORONO,a municipal corporation organized under the laws of the
State of Minnesota,the Grantee, hereinafter referred to as the "City", its successors and assigns,
forever, a permanent easement for public drainage and utility purposes over, across, on,under, and
through land situated within the County of Hennepin, State of Minnesota, as described on the
attached Exhibit"A".
INCLUDING the rights of the City, its contractors, agents, servants, and assigns,to enter
upon the easement premises at all reasonable times to construct,reconstruct, inspect,repair, and
maintain said public drainage and utility systems over,across,on,under, and through the easement
premises,together with the right to grade, level,fill,drain, and excavate the easement premises,and
the further right to remove trees,bushes,undergrowth, and other obstructions interfering with the
location, construction, and maintenance of said public drainage and utility systems.
1
143761
The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns,that it is well seized in fee title of the above described easement
premises;that it has the sole right to grant and convey the easement to the City;
This Agreement shall not be modified or terminated except by a written agreement executed
by Grantor and Grantee or their respective successors and assigns.
IN TESTIMONY WHEREOF,the Grantors hereto have signed this agreement this
day of , 2009.
GRANTOR: RYAN COMPANIES US,INC.
w
By
Its
By:
Its
STATE OF MINNESOTA )
1 ( ss.
COUNTY OF e A of a A/ )
The
forepin {nstrument was acknowledged before me thisoq_day of
2009,by wrd , respectively
th j of Ryan Companies US,Inc., a
corporation organized under the laws of the State esota, on behalf of said corporation.
JCW7
A.HERMANSON Notary Pu lic
Publb-Mfanesota:.nom �f191.2010
DRAFTED BY:
CAMPBELL KNuTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,MN 55121
Telephone: (651)452-5000
SMM JMO
2
143761
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
A permanent easement for utility purposes over, under, across and through the following
described property:
An easement for drainage and utility purposes over, under and across that part of Lots 1, 2 and 3,
Block 2, CRYSTAL BAY BUSINESS CENTER, according to the recorded plat thereof,
P`( Hennepin County, Minnesota, being a 20.00 foot wide strip of land the center line of which is
N� described as follows:
Commencing a the Southwest corner of said Lot 3; thence South 89 degrees 43 minutes
30 seconds East, along the southerly lone of said Lot 3, on an assumed bearing, a distance
of 278.86 feet to the point of beginning of the center line to be described; thence North 15
degrees 27 minutes 56 seconds West a distance of 99.31 feet; thence North 00 degrees 42
minutes 13 seconds East a distance of 437.89 feet to a point heron described as `Point A';
thence North 48 degrees 27 minutes 10 seconds West a distance of 175.17 feet to a point
heron described as `Point B'; thence North 00 degrees 18 minutes 22 seconds East a
distance of 134.41 feet; thence North 89 degrees 40 minutes 08 seconds West a distance
of 170.26 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the terminus of the above described centerline; thence North 89 degrees 40
minutes 08 seconds West a distance of 157.11 feet; thence South 42 degrees 33 minutes
07 seconds West a distance of 130.73 feet; thence South 00 degrees 19 minutes 48
seconds West a distance of 181.00 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point A'; thence North 18 degrees 07 minutes 19
seconds East a distance of 133.00 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 20.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point B'; thence South 75 degrees 34 minutes 21
seconds West a distance of 160.08 feet to a point heron described as `Point C' and said
center line there terminating.
3
143761
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point C'; thence South 00 degrees 19 minutes 44
seconds West a distance of 220.10 and said center line there terminating.
The sidelines of all above described easements are to be prolonged or shortened so as to intersect
with the South line of said Lot 3 and adjoining easements.
AND
An easement for drainage and utility purposes over, under and across that part of Lots 1, 2 and 3,.
Block 2, CRYSTAL BAY BUSINESS CENTER, according to the recorded plat thereof,
N� Hennepin County, Minnesota, being a 20.00 foot wide strip of land the center line of which is
described as follows:
Commencing a the Northeast corner of said Lot 3; thence North 89 degrees 01 minutes
31 seconds West, along the northerly line of said Lot 3, on an assumed bearing, a
distance of 287.77 feet to the point of beginning of the center line to be described; thence
South 03 degrees 09 minutes 13 seconds West a distance of 61.57 feet to a point heron
described as `Point D'; thence South 03 degrees 09 minutes 13 seconds West a distance
of 7.51 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 25.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the terminus of the above described centerline; thence North 89 degrees 40
minutes 09 seconds West a distance of 62.67; thence South 00 degrees 19 minutes 44
seconds West a distance of 40.17 feet to a point heron described as `Point E'; thence
South 00 degrees 19 minutes 44 seconds West a distance of 333.24 feet to a point heron
described as `Point F; thence South 00 degrees 19 minutes 44 seconds West a distance of
31.25 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point D'; thence South 89 degrees 40 minutes 08
seconds East a distance of 158.00 feet; thence North 89 degrees 40 minutes 08 seconds
West a distance of 424.22 feet; thence North 44 degrees 40 minutes 08 seconds West a
distance of 58.73 feet to the Northwesterly line of said Lot 2 and said center line there
terminating.
4
143761
CONSENT TO EASEMENT
-7-6' ley 9Ot4 K ,holds a mortgage on all or
part of the property more particularly described in fhe foregoing Grant of Permanent Easement,
which mortgage is dated 2 bd ( and recorded Cc+ �2a6as document
number k,?722 n2 with the office of the County Recorder for Ifennepin County,Minnesota,
for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
does hereby join in, consent, and is subject to the foregoing Grant of Permanent Easement.
B :
Y
�ylc c`►'1 1✓LG� PS'i
And
is
STATE OF MINNESOTA )
(ss.
COUNTY OF } n q\ )
The foregoing instrument was acknowledged before me this -1 ' day of
200,by c v1 0r and Cat
respectively the ;p� .0 feS and tl�C� �d i of
-rT , on its behalf.
Notary Public
ERIN REN F E
NN11n esou �, 12
,yr�MRnIJ�"�
DRAFTED BY:
CAMPBELL,KNuTsoN
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
SMM JMO
6
143761
f
l '
Doc No T4650395
Certified, filed and/or recorded on
6/10/09 11:22 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
Jill L. Alverson, County Auditor and Treasurer
Deputy 26 Pkg ID 542044
Doc Name: Easement
Document Recording Fee $46.00
Attested Copy or Duplicate $2.00
Original
Document Total $48.00
Existing Certs New Certs
1216826
This cover sheet is now a permanent part of the recorded document.
lIi(aZ62P
(reserved for recording information)
GRANT OF PERMANENT EASEMENT
RYAN COMPANIES US,INC., a corporation organized under the laws of the State of
Minnesota,hereinafter referred to as"Grantor", in consideration of One Dollar($1.00)and other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does
hereby grant unto the CITY OF ORONO,a municipal corporation organized under the laws of the
State of Minnesota,the Grantee,hereinafter referred to as the"City", its successors and assigns,
forever, a permanent easement for public drainage and utility purposes over,across, on,under, and
through land situated within the County of Hennepin, State of Minnesota,as described on the
attached Exhibit"A".
INCLUDING the rights of the City, its contractors, agents, servants,and assigns,to enter
upon the easement premises at all reasonable times to construct,reconstruct,inspect,repair, and
maintain said public drainage and utility systems over, across, on,under, and through the easement
premises,together with the right to grade, level, fill,drain, and excavate the easement premises, and
the further right to remove trees,bushes, undergrowth, and other obstructions interfering with the
location, construction, and maintenance of said public drainage and utility systems.
1
143761
The above named Grantor, for itself, its successors and assigns, does covenant with the City,
its successors and assigns,that it is well seized in fee title of the above described easement
premises; that it has the sole right to grant and convey the easement to the City;
This Agreement shall not be modified or terminated except by a written agreement executed
by Grantor and Grantee or their respective successors and assigns.
IN TESTII�IONY WHEREOF,the Grantors hereto have signed this agreement this
day of k 12009.
GRANTOR: RYAN COMPANIES US,INC.
By
is
B
Y:
Its
STATE OF MINNESOTA )
(ss.
COUNTY OF &Ae Q�rJ-
t
)
The fore oing instrument was acknowledged before me this day of
2009,by r C ScrM e^ aad- ,respectively
the V,C2 le5"of errd-- of Ryan Companies US,Inc.,a
corporation organized under the laws of the State ofiMi
o behalf of said corporation.
JUDY A. HERMANSON N tart' blic
Notary QtabUo-Minnesota
Nly Coa�rt�Wn ESN 3v Jen 91,2010
DRAFTED BY:
CAMPBELL KNuTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,MN 55121
Telephone: (651)452-5000
SMM JMO
2
143761
r .
EXHIBIT "A"
to
GRANT OF PERMANENT EASEMENT
A permanent easement for utility purposes over, under, across and through the following
described property:
An easement for drainage and utility purposes over, under and across that part of Lots 1, 2 and 3,
Block 2, CRYSTAL BAY BUSINESS CENTER, according to the recorded plat thereof,
Hennepin County, Minnesota, being a 20.00 foot wide strip of land the center line of which is
described as follows:
Commencing a the Southwest corner of said Lot 3; thence South 89 degrees 43 minutes
30 seconds East, along the southerly lone of said Lot 3, on an assumed bearing, a distance
of 278.86 feet to the point of beginning of the center line to be described; thence North 15
degrees 27 minutes 56 seconds West a distance of 99.31 feet; thence North 00 degrees 42
minutes 13 seconds East a distance of 437.89 feet to a point heron described as `Point A';
thence North 48 degrees 27 minutes 10 seconds West a distance of 175.17 feet to a point
heron described as `Point B'; thence North 00 degrees 18 minutes 22 seconds East a
distance of 134.41 feet; thence North 89 degrees 40 minutes 08 seconds West a distance
of 170.26 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the terminus of the above described centerline; thence North 89 degrees 40
minutes 08 seconds West a distance of 157.11 feet; thence South 42 degrees 33 minutes
07 seconds West a distance of 130.73 feet; thence South 00 degrees 19 minutes 48
seconds West a distance of 18 1.00 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point A'; thence North 18 degrees 07 minutes 19
seconds East a distance of 133.00 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 20.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point B'; thence South 75 degrees 34 minutes 21
seconds West a distance of 160.08 feet to a point heron described as `Point C' and said
center line there terminating.
3
143761
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point C'; thence South 00 degrees 19 minutes 44
seconds West a distance of 220.10 and said center line there terminating.
The sidelines of all above described easements are to be prolonged or shortened so as to intersect
with the South line of said Lot 3 and adjoining easements.
AND
An easement for drainage and utility purposes over, under and across that part of Lots 1, 2 and 3,
Block 2, CRYSTAL BAY BUSINESS CENTER, according to the recorded plat thereof,
Hennepin County, Minnesota, being a 20.00 foot wide strip of land the center line of which is
described as follows:
Commencing a the Northeast corner of said Lot 3; thence North 89 degrees 01 minutes
31 seconds West, along the northerly line of said Lot 3, on an assumed bearing, a
distance of 287.77 feet to the point of beginning of the center line to be described; thence
South 03 degrees 09 minutes 13 seconds West a distance of 61.57 feet to a point heron
described as `Point D'; thence South 03 degrees 09 minutes 13 seconds West a distance
of 7.51 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 25.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the terminus of the above described centerline; thence North 89 degrees 40
minutes 09 seconds West a distance of 62.67; thence South 00 degrees 19 minutes 44
seconds West a distance of 40.17 feet to a point heron described as `Point E'; thence
South 00 degrees 19 minutes 44 seconds West a distance of 333.24 feet to a point heron
described as `Point F; thence South 00 degrees 19 minutes 44 seconds West a distance of
31.25 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point D'; thence South 89 degrees 40 minutes 08
seconds East a distance of 158.00 feet; thence North 89 degrees 40 minutes 08 seconds
West a distance of 424.22 feet; thence North 44 degrees 40 minutes 08 seconds West a
distance of 58.73 feet to the Northwesterly line of said Lot 2 and said center line there
terminating.
4
143761
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point F; thence North 89 degrees 40 minutes 16
seconds West a distance of 19.00 feet and said center line there terminating.
Together with an easement for drainage and utility purposes over, under and across that part of
said Block 2, being a 10.00 foot wide strip of land the center line of which is described as
follows:
Beginning at the above described `Point F; thence North 89 degrees 48 minutes 07
seconds West a distance of 262.00 feet and said center line there terminating.
The sidelines of all above described easements are to be prolonged or shortened so as to intersect
with the North line of said Lot 3, the Northwesterly line of said Lot 2 and adjoining easements.
5
143761
CONSENT TO EASEMENT
f t.I ley '61K ,holds a mortgage on all or
part of the property more particularly descri ed in the foregoing Grant of Permanent Easement,
which mortgage is dated and recorded Oc,+, j, Z6d,< as document
number Y,3/ 7/ witWthe office of the County Recorder for Hennepin County, Minnesota,
for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,
does hereby join in, consent, and is subject to the foregoing Grant of Permanent Easement.
ALT &/J 10 L-
By:
'0's4 r cf rL 1/<
(;s
And n
STATE OF MINNESOTA )
COUNTY OF A )(ss*
The foregoing instrument was acknowledged before me this q1k day of
20_09_, by o rISOt\ and 104RDIN C 5 We tittr
respectively the SW Vit,-P, (eS i dfrcf and hQ C (eS► end" of
on i ehalf.
Notary Public
EFi1N RENEE PAGE
Nary Public
MIEn.n a 31.2012
DRAFTED BY:
CAMPBELL,KNUTsoN
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan,Minnesota 55121
Telephone:(651)452-5000
sNwjmo
6
143761
CAMPBELL KNUTSON
Profless ona Association
ion
Ifecelveo
July 7, 2009 JUL 0 8 2D09
C
Thomas J. Campbell 1TY0F0R0N0
Roger N. Knutson
Thomas M. Scott
Elliott B. Inetsch
toel ; tamnilc_ Ms. Monica Fadness
Andrea McDowell Poehler c/o City of Orono
Soren M. Mattic P.O. Box 66
John F. Kelly Crystal Bay, MN 55323
Henri A.Schaeffer, IF
Alina Schwartz
Samuel J. Edmunds
Marguerite M. McCarron Dear Ms. Fadness:
Enclosed for your files please find the following recorded documents:
1. Grant of Permanent Easement with Ryan Companies US, Inc.,
recorded June 10, 2009 as torrens document number T4650395.
2. Grant of Permanent Easement with Ryan Companies US, Inc.,
recorded June 4, 2009 as abstract document number A9371167.
I received both of the above recorded documents from Hennepin County but I
was not the person that sent them in for recording. I can only assume that someone
else sent them in for recording on behalf of Ryan Companies.
Also, I am returning to you Resolution 5842. On page 4,the second notary
block, you will see that the Notary Public forgot to affix her stamp.
Very truly yours,
CAMPBELL KNUTSON
Professional Association
By:(_
9on, LejggealA=ssiistan7
/j mo M-Jean Ol
138""Corporate Cenccr Cum-:
Su:te 31 • Eagan,MN 55,21 Enclosure
651-452-5000
Fax 653-452-555.
WW W.c6-law.com
Doc No 9079458 12/27/2007 04:30 PM
Certified filed and or recorded on above date:
Office of the Couty Recorder
Hennepin Co ; y, Minnesota
Michael H. Cun ff, County Recorder
TranslD 364295 Deputy 26
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
(reserved for recording information)
DEVELOPMENT AGREEMENT
CRYSTAL BAY BUSINESS CENTER
DEVELOPMENT AGREEMENT ("Agreement") dated December 5 ,
2007, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and
RYAN COMPANIES US, INC., a Minnesota Corporation(the "Developer").
DEFINITIONS
"Building Permit Approval" means City review and approval of plans for the
construction of Improvements for individual Lots.
"Commercial Site Plan Approval" means the September 11, 2006 City review and
approval of proposed Improvements for each individual Lot within the Plat.
"Development" means the construction, remodeling, or replacement of up to 4
structures, each on separate lots within the Plat.
"Development Stage Approval" means review and approval of plans and this
Agreement by the City prior to construction of the Improvements.
132281 vll
- 1 -
"Highway 12"means the new expressway on the South side of the Plat.
"Improvements"means the Private Improvements and the Public Improvements.
"Lot"means a lot defined within the Plat.
"Plans" means the series of plans and specifications. set forth in Section 8 of this
Agreement.
"Plat" means the final Plat for CRYSTAL BAY BUSINESS CENTER, an industrial center
located at 2725 and 2765 Wayzata Boulevard and 430 and 450 Old Crystal Bay Road North, said
Plat approved of even date with this Agreement. The Plat contains approximately 17.5 acres and
is legally described as Lots 1 and 2, Block 1, and Lots 1, 2, and 3, Block 2, all within Crystal
Bay Business Center, Hennepin County, State of Minnesota, as shown on the attached Exhibit
«A„
"Private Improvements" means remodeling, construction of buildings, infrastructure,
landscaping, etc. within individual Lots.
"Public Improvements" means construction of infrastructure, landscaping, etc. within
public rights of way.
"Wayzata Boulevard"means the existing highway on the North side of the Plat.
1. REQUEST FOR PLAT APPROVAL. On September 11, 2006, the City
Council approved a preliminary plat for CRYSTAL BAYBUSINESS CENTER. Said preliminary plat
approval was extended by the City Coucil on September 10, 2007. On September 11, 2006, the
City Council granted Commercial Site Plan Approval including a Conditional Use Permit for
alternative building material for the building proposed on Lot 1, Block 1, and a variance to allow
for a narrower street right of way than required by City standards. The right of way for the new
132281 v11
-2-
street is to be 60 feet wide whereas the subdivision regulations require a 70 foot wide right of
way.
2. CONDITIONS OF PLAT APPROVAL. The City approved the Plat in part on
the condition the Developer enter into this Agreement, furnish the security required by it, and
record the Plat with the County Recorder and Registrar of Titles within 180 days of this
Agreement.
3. RIGHT TO PROCEED. Within the Plat, the Developer may not grade or
otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities,
Public or Private Improvements, or any buildings until all the following conditions have been
satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk,
2) the necessary security as provided in this Agreement has been received by the City, and 3) the
Plat and this Agreement have been submitted to the Hennepin County Recorder's Office and
Office of the Registrar of Titles.
4. DEVELOPMENT. The Development is to be constructed on a schedule as
dictated by the issuance of building permits. Each Lot may be improved individually. New
buildings are to be constructed on Lot 1, Block 1; Lot 1, Block 2; and Lot 2, Block 2. The
existing building on Lot 3, Block 2, is to be renovated and the parking area reconstructed. The
City may refuse to grant building permits for any structure if the Developer has breached this
Agreement and the breach has not been remedied. Developer shall submit a complete
application for a building permit for construction of one of the buildings within one year of filing
of the Plat or the Commercial Site Plan Approval for all of the Lots shall lapse. If the
Commercial Site Plan Approval lapses, Developer shall be required to re-submit an application
to the City for Commercial Site Plan review and approval under then existing City standards and
132281 v1
- 3 -
the City may use the Letter of Credit to complete the Public Improvements required under this
Agreement at Developer's expense. If a building permit is submitted as required above, the
Commercial Site Plan Approval shall not lapse for any of the other Lots, except as provided in
Section 5 herein.
5. CHANGES IN OFFICIAL CONTROLS. For five (5) years from the date of
this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply
to or affect the use, development density, lot size, lot layout or dedications of the approved Plat
or each Commercial Site Plan unless required by state or federal law or agreed to in writing by
the City and the Developer or its assigns. Thereafter, notwithstanding anything in this
Agreement to the contrary, to the full extent permitted by state law, the City may require
compliance with any amendments to the City's Comprehensive Plan, official controls, platting or
dedication requirements enacted after the date of this Agreement.
6. CONDITION FOR SUBSEQUENT APPROVALS. The entire Development
has received Commercial Site Plan Approval. Therefore, additional City review prior to
construction of future buildings or renovation of the existing building on Lot 3, Block 2, will be
limited to Building Permit Approval by City Staff. All structures shall be built consistent with
the Commercial Site Plan Approval.
7. IMPROVEMENTS.
A. PUBLIC IMPROVEMENTS: The Developer shall install and pay for
the following Public Improvements:
1. Streets:
a. Orono Industrial Boulevard
b. Work in Old Crystal Bay Road
2. Sewer and Water systems to serve the property
132281 v]1
-4-
3. Storm Sewer System to serve the property
4. Ditch Upgrade and Improvements along Highway 12
5. Public Trail along Wayzata Boulevard (Paid for by
Developer as part of the park dedication)
The Public Improvements shall be installed in accordance with the City Ordinances, City
standard specifications for utilities and street construction, and MNDOT specifications. The
Developer shall submit plans and specifications which have been prepared by a competent
registered professional engineer or other appropriate professional to the City for approval by the
City Engineer. The City may, at the City's discretion and at the Developer's expense, have one
or more City inspectors and a soil engineer inspect the work for Public Improvements. The
Developer, its contractors and subcontractors, shall follow all reasonable instructions received
from the City's inspectors. The Developer shall provide for on-site project management for the
Public Improvements. The Developer is responsible for design changes and contract
administration between the Developer and the Developer's contractor. The Developer shall
schedule a pre-construction meeting at a mutually agreeable time with the City and all parties
concerned, including the City staff, to review the program for the construction work.
B. PRIVATE IMPROVEMENTS: The Developer shall install and pay for
the following Private Improvements within the Plat as follows:
1. Sanitary Sewer Service
2. Water Service
3. Setting of Iron Monuments
4. Surveying and Staking
132281 vI1
-5 -
5. Relocation of Wayzata Boulevard Access and
reconstruction of the paved areas on Lot 3, Block 2
The Private Improvements shall be installed in accordance with the City
Ordinances; City standard specifications for utilities and street construction, and MNDOT
specifications. The Developer shall submit plans and specifications which have been prepared
by a competent registered professional engineer or other appropriate professional to the City for
approval by the City Engineer. The Private Improvements with respect to each Lot shall be
installed in conjunction with the construction or remodeling of a building or buildings within
each Lot.
8. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the
conditions set forth in the Resolution approving the Plat and the following plans, all dated as of
October 26, 2007 ("Plans") which are incorporated herein by reference. With the exception of
Plans C3.0 and C5.0, the Plans may be finalized, subject to approval by the City Engineer, after
the date of the Agreement, but before issuance of an individual building permit for any Lot. The
Plans shall not be attached to this Agreement. If the Plans vary from the written terms of this
Agreement, the written terms shall control. The Plans are:
PLANS
CLO Title Sheet
C2.0 ALTA/ACSM Land Title Survey(As Prepared by Westwood Professional Services)
C3.0 Final Plat
C4.0 Existing Conditions and Removals Plan
C5.0 Master Site Plan
C6.0 Site Plan
C7.0 Grading and Drainage Plan
C8.0 Stormwater Pollution Prevention Plan(SWPPP)
C8.1 SWPPP Notes and Details
C9.0 Storm Sewer Plan
C 10.0 Utility Plan
C 11.0 Landscape Plan
C12.0 Landscape Details
132281 v1
-6-
C13.0 Lighting Plan
C14.0 Orono Industrial Blvd Plan and Profile
C 15.0-C 15.1 Civil Details
9. DESIGN STANDARDS.
A. The Developer received Conditional Use Permit approval for a portion of
the property to be known as Lot 1, Block 1, Crystal Bay Business Center to allow the building on
this lot to have 50% to 60% burnished block and 40% to 50% rock face block as alternative
materials.
B. The Developer received variance approval on September 11, 2006, for a
narrower street right of way than required by City standards. The right of way for the new street
is to be 60 feet wide whereas the subdivision regulations would require a 70 foot wide right of
way. The street shall be named "Orono Industrial Boulevard." Work to be performed on Orono
Industrial Boulevard, Old Crystal Bay Road, and the ditch upgrade and improvements along
Highway 12 shall be completed before a shell Certificate of Occupancy is issued for Lot 1, Block
1, or Lot 1, Block 2. Work to be performed on Old Crystal Bay Road and the ditch upgrade and
improvements along Highway 12 shall be completed before a shell Certificate of Occupancy is
issued for Lot 2, Block 2.
10. PERMITS. The Developer shall obtain or require its contractors and
subcontractors to obtain any necessary permits, which may include:
• Hennepin County for County Road Access and Work in County Rights-of-
Way
• MnDot for State Highway Access
• Minnesota Department of Health for Watermains
• NPDES Permit for Stormwater Connections
• MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
• DNR for Dewatering
• City of Orono for Building Permits
• Minnehaha Creek Watershed District
132281 v11
-7 -
Developer shall obtain all necessary permits relating to the Public Improvements with the
assistance and cooperation of the City.
11. DEWATERING. Due to the variable nature of groundwater levels and
stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors
responsibility to satisfy themselves with regard to the elevation of groundwater in the area and
the level of effort needed to perform dewatering and storm flow routing operations. All
dewatering shall be in accordance with all applicable county, state, and federal rules and
regulations.
12. LICENSE. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter upon the areas of the Development Property reasonably
necessary to perform all work and inspections deemed appropriate by the City in conjunction
with Plat development and the installation of Public Improvements by the Developer. The City
shall hold the Developer (and its successors and assigns) harmless from any cause of action or
claims as a result of the negligence or willful misconduct of the City, its agents, employees,
officers and contractors on entering the platted property and its performance of all of its work
and inspections.
13. EROSION CONTROL. Prior to initiating site grading, the Storm Water
Pollution Prevention Plan, Plan C8.1, shall be implemented by the Developer and inspected and
approved by the City or Minnehaha Creek Watershed District ("MCWD"). The City or MCWD
may impose additional erosion control requirements according to their standards.
14. GRADING PLAN. The Plat shall be graded in accordance with the approved
Final Grading and Drainage Plan, Plan C7.0.
132281 v11
- 8 -
15. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and
construction required by this Agreement and formal City acceptance, the Public Improvements
lying within public easements or right of way shall become City property without further notice
or action.
16. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance
with the terms of this Agreement, payment of the costs of all Public and Private Improvements,
and construction of all Public Improvements, the Developer shall furnish the City with one (1)
Letter of Credit, in the form attached hereto, from a bank ("security") totaling $488,727.11. The
security amounts are to be calculated as follows:
1. Public Improvements* Due before Plat release
a. Lot 1, Block 1 $ 71,137.50
b. Lot 1, Block 2 $ 29,877.50
c. Lot 2, Block 2 $ 49,087.50
d. Lot 3, Block 2 $ 14,242.50
e. Orono Industrial Boulevard $267,667.50
f. Old Crystal Bay Road $ 12,964.61
g. Ditch Upgrade and Improvements along Highway 12 $ 43,750.00
*Public Improvements include items such as paving/grading/landscaping within
public rights-of-way, and improvements to sanitary sewer, watermain and stone
sewer within public rights-of-way.
In addition, the Developer shall deliver to the City separate letters of credit in the
same form as provided above with respect to the following improvements, at the
times specified below:
2. Private Improvements Lot 1, Block 1,
Due before Building Permit release* $438,720.00#
132281 v1
- 9-
3. Private Improvements Lot 1, Block 2,
Due before Building Permit release* $335,066.88#
4. Private Improvements Lot 2, Block 2,
Due before Building Permit release* $266,206.56#
5. Private Improvements Lot 3, Block 2,
Due before Building Permit release* $476,093.44#
* Release will be permitted on a Lot by Lot basis.
# Amounts will be recalculated and adjusted at the time of Building Permit
Approval based upon then existing anticipated costs.
This breakdown is for historical reference; it is not a restriction on the use of the security.
The bank shall be subject to the reasonable approval of the City Administrator. The security
must be in the form as provided for in the example Letter of Credit attached hereto and
incorporated by reference. The City may draw down the security, with notice, for any violation
of the terms of this Agreement, subject to the cure periods provided in this Agreement. If the
required Public or'Private Improvements are not completed and the City receives a notice of non-
renewal of the letter of credit from the issuer thereof, the City may also draw it down and hold
the funds as a cash escrow to secure compliance with the requirements by the Developer. If the
security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof
satisfactory to the City that work has been completed and financial obligations to the City have
been satisfied, with City approval, which shall not be unreasonably withheld, conditioned or
delayed, the security may be reduced from time to time. For Public Improvements, ten percent
(10%) of the amounts certified by the Developer shall be retained as security until all Public
Improvements have been completed, all necessary utility easements have been provided, all
financial obligations to the City satisfied, the required"as constructed"Plans have been received
132281 v1
- 10 -
by the City, a warranty bond is provided, and the Public Improvements are accepted by the City
Council. The City standard specifications for utilities construction outline procedures for security
reductions as provided in Orono City Code Section 82-214. The warranty bond shall have a
duration of twenty-four(24)months.
17. STORM WATER AND DRAINAGE TRUNK FEE. The Development is
subject to a Storm Water and Drainage Trunk Fee in the amount of $128,100.00. The fee is
based on the gross area of the final Plat less any area credit for pond area, and is calculated as
follows:
$7,320.00 per acre x 17.5 acres = $128,100.00 The total fee for the
Development of$128,100.00 shall be paid by the Developer in cash upon the execution of this
Agreement. In no event shall any additional fee for Storm Water and Drainage Trunk be payable
by Developer or assessed against the Development Property as a result of the construction of the
Public Improvements as defined herein. The Development Property shall not be subject to a
special assessment in connection with the initial installation of the street labeled "Orono
Industrial Boulevard" on the land to the east of the Development Property.
18. PARK DEDICATION FEE. Developer shall pay a Park Dedication Fee for Lot
1, Block 1, based upon 8%of the market value of the property calculated as follows:
$750,000.00 x 8% = $60,000.00
The Developer shall also pay a Park Dedication Fee for Lot 2, Block 2 calculated as
follows:
3.01 acres x $13,875.00/acre= $41,764.00
132281 v1
- 11 -
Payment shall be due to the City at the time of execution of this Agreement as its Park
Dedication Fee for Lot 1, Block 1, and Lot 2, Block 2. No Park Dedication Fees are due for Lot
1 or Lot 3, Block 2, as those lots have previously been developed and appropriate fees paid.
19. SUMMARY OF FEES AND CASH REQUIREMENTS. The following is a
summary of the fees and cash requirements under this Agreement which must be furnished to the
City at the time indicated:
FEE or CHARGE Date Payable
Storm Water and Drainage Trunk Fee Before Plat release
Park Dedication Before Plat release
SAC and WAC With Building Permit
MCES charges With Building Permit
Escrow for City Expenses/Engineering/Legal Before Plat release
Total Cash Requirements before Plat release $229,864.00
20. SPECIAL PROVISIONS. The following special provisions shall apply to the
development of the platted property and the Public Improvements:
A. Before the first new building is occupied, the drainage from the existing
parking lot onto property in the Orono Industrial Park subdivision shall be redirected to remain
within the Plat until it enters the public drainage system.
B. The conditional use permit for outdoor storage (#01-2612 ) shall be
revised to relocate the outdoor storage prior to construction of Orono Industrial Boulevard or
issuance of a building permit for Lot 1, Block 1.
C. Construction traffic access and egress for grading, public utility
construction, and street construction is restricted to access the subdivision via Old Crystal Bay
Road or Wayzata Boulevard
D. Construction hours are 7 AM to 10 PM Monday through Saturday.
132281 v11
- 12-
E. The Developer will remove the portion of the existing building that is on
Lot 1, Block 2,before August 31, 2010.
F. Access shall be as follows:
1. No curb cut will be provided on Orono Industrial Boulevard for the
loading dock for the existing building on Lot 3, Block 2.
2. Lot 1, Block 1,will have access off Orono Industrial Boulevard.
3. Lot 1, Block 2, will have access off Orono Industrial Boulevard and
Old Crystal Bay Road. The Old Crystal Bay Road access will be a
joint driveway with Lot 2 Block 2.
4. Lot 2, Block 2, will have access off Old Crystal Bay Road. This
access will be a joint driveway with Lot 1, Block 2.
5. Lots 1 and 2, Block 2, will have shared access and cross easements
to allow the properties use of the Wayzata Boulevard access on Lot
3, Block 2. Lot 2, Block 2 will have an easement to use Orono
Industrial Boulevard.
6. Lot 3, Block 2, will have access off Wayzata Boulevard and Orono
Industrial Boulevard.
7. Developer shall relocate the existing Wayzata Boulevard access to
be as close to the east property line as feasible before Lot 3, Block 2,
is sold or before September 11, 2011, whichever occurs first.
G. The Developer and the owner of the property at 2687 Wayzata Boulevard
may enter into an agreement for a joint access to Wayzata Boulevard, either through a joint
driveway or through easements to a driveway entirely on one of the properties. The Developer
may allow the property at 2687 Wayzata Boulevard access Old Crystal Bay Road or Orono
Industrial Boulevard.
H. An encroachment agreement shall be required to allow use of the right of
way of Orono Industrial Boulevard for outdoor storage until the street is constructed.
132281 v11
- 13 -
I. Developer shall grant the City an easement for a trail adjacent to Wayzata
Boulevard in a location agreed upon between the parties. Developer shall supply the City with a
cost estimate for the trail and shall install, at Developer's cost, an eight (8) foot wide bituminous
trail within the easement built to City specifications. The trail shall be installed at a mutually
agreeable time. Upon completion of the trail and the City's receipt of the trail easement
documentation, the Developer shall be entitled to reimbursement in the amount of the trail
construction costs as agreed upon between the parties prior to construction of the trail.
J. Within one hundred twenty (120) days after the completion of the Public
Improvements and before the remaining security is released, the Developer shall provide the City
with permanent utility easements for any Public Improvement not within the platted easements.
The permanent utiltity easements shall be in form acceptable to the City.
21. MISCELLANEOUS.
A. The Developer shall indemnify and hold the City and its officers,
employees, and agents harmless from claims made by it and third parties for damages sustained
or costs incurred resulting from Plat approval and development, except for any costs or damages
resulting from the negligence or willful misconduct of the City, its officers, employees and
agents. The City shall indemnify and hold the Developer and its officers, employees, and agents
harmless from claims made by it and third parties for damages sustained or costs incurred
resulting from Plat approval and development, except for any costs or damages resulting from
the negligence or willful misconduct of the Developer, its officers, employees and agents.
B. The Developer shall reimburse the City for costs incurred by the City in
the enforcement of this Agreement against the Developer, including reasonable engineering and
reasonable attorneys' fees.
132281 v11
- 14-
C. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are
not paid on time, the City may halt Plat development and construction on the platted property
until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the
rate of twelve percent(12%)per year.
D. In addition to the charges referred to herein, other charges may be
imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection
charges, City sewer connection charges, and building permit fees.
E. The Developer represents to the City that the Plat complies with all city,
county, metropolitan, state, and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations.
F. Breach of the terms of this Agreement by the Developer after notice and
reasonable opportunity to cure shall be grounds for denial of building permits and certificates of
occupancy.
G. If any portion, section, subsection, sentence, clause, paragraph, or phrase
of this Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
H. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. 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 Agreement shall not be a waiver or
release.
132281 v11
- 15 -
I. This Agreement shall run with the land and shall be recorded against the
title to the property provided, however, that all monetary obligations of the Developer hereunder
shall be and remain the responsibility of the Developer unless expressly assumed in writing by
any successor or assignee of the Developer. The Developer covenants with the City, its
successors and assigns, that the Developer upon recording of the Plat is well seized in fee title of
the property being final platted and/or has obtained consents to this Agreement, in the form
attached hereto, from all parties who have an interest in the property; that there are no
unrecorded interests in the property being final platted; and that the Developer will indemnify
and hold the City harmless for any breach of the foregoing covenants. Upon request by
Developer and the receipt of appropriate documentation, the City staff shall provide Developer
with partial releases from this Agreement, Certificates of Completion, and Estoppel Certificates
on a lot by lot basis.
J. Each right, power or remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to the City, at law or in equity, or under any other agreement, except as
specifically limited in this Agreement, and each and every right, power and remedy herein set
forth or otherwise so existing may be exercised from time to time as often and in such order as
may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right,power or remedy.
K. The Developer may not assign this Agreement without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full force
and effect even if the Developer sells one or more lots, the entire plat, or any part of it, subject to
Certificates of Completion for individual Lots within the Plat.
132281 vI1
- 16 -
L. Within ninety (90) days after the completion of the Public Improvements
or Private Improvements and before the remaining security is released, the Developer shall
supply the City with a complete set of reproducible "as constructed" plans, an electronic file of
the "as constructed" plans in an auto CAD.DWG file or a .DXF file, and two complete sets of
blue line "as constructed" plans, all prepared in accordance with City standards. The terms of
this paragraph shall apply to the Plans C9.0, C10.0 and C14.0 described in paragraph 8 of this
Agreement.
M. In accordance with Minnesota Statutes 505.02, the final placement of iron
monuments for all lot corners must be completed before the applicable security is released. The
Developer's surveyor shall also submit a written notice to the City certifying that the monuments
have been installed.
22. NOTICES. Required notices to the Developer shall be in writing, and shall be
either hand delivered to the Developer, its employees or agents, or mailed to the Developer by
certified mail at the following address: Ryan Companies US, Inc., Attention: Mark Nordland, 50
South Tenth Street, Suite 300, Minneapolis, Minnesota 55403-2012. Notices to the City shall be
in writing and shall be either hand delivered to the City Administrator at Orono City Hall, 2750
Kelly Parkway, Orono, Minnesota 55356, or mailed to the City by Certified mail in care of the
City Administrator at the following address: PO Box 66, Crystal Bay, Minnesota 55323.
CITY OF ORONO
�* rY
BY:
" M or
,--4;.V4 1
{SEALS
dWe 5 M
=t " AND
City Clerk
132281 v11
- 17 -
DEVELOPER:
RYAN COMPANIES US,INC.
BY
Its
STATE OF MINNESOTA )
( SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this C /S� day of
h2J1 , 2007,by James M. White and by Linda S. Vee, 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.
RACHEL DODGE
NOTARY PUBLIC-MINNESOTA NOTARY PUBLIC
My Commission Expires Jan.31,2010
STATE OF MINNESOTA )
(SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledge bef re rriQ this .S day of
l , 2007, by r01�I<< ������ the
klF of Ryan ompanies US, Inc., a Minnesota corporation,
on its behalf.
JUDY A. HERMANSON
Notary Public-Minnesota N TAR PUBLIC
.. My C ffur? em' Emb a Jan 31,2010
DRAFTED BY:
CAMPBELL,KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan,Minnesota 55121
Telephone: (651)452-5000(SMM)
132281 v11
- 18 -
EXHIBIT "A"
7.7
_ _
NOLLd3O%3 _ _ •-•••NOLLd3O%3 IavL a%i .
---------- --------- ----------------- , laxm aasw
----------------------
1 , ,
1 ,
1
{ sl
tt
------------ ------------
W �
1 ,I
IIY[
N ' I$ I� I
;1 0I
Ni� As
lqy 1 I n�
co1 I I
I �t� I■y I
i}ji1z'
h' N
} I I
1 � 1 I . II � r}-�1
M 1
CID
3.1 1
------------
IW 1 j€ I -- --------t-J
r }11 lux r`
i
L---------------------------
col
00 r
Ltkokcw g
_ I
-�
132281 v11
- 19 -
IRREVOCABLE LETTER OF CREDIT
No.: XXXXX
Date: ,2007
TO: City of Orono(Mailing Address) City of Orono(Delivery Address)
P.O.Box 66 2750 Kelley Parkway
Crystal Bay,Minnesota 55323 Long Lake,Minnesota 55356
To Whom It May Concern:
We hereby issue, for the account of Ryan Companies U.S., Inc. and in your favor, our Irrevocable Letter of
Credit in the amount of$488,727.11 ("Credit'),available to you by your draft drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. XXXXXXX, dated of
b) Be signed by the Mayor or City Administrator of the City of Orono-;
C) Be presented for payment at ("Bank"),
, at or before 4:00 p.m on (the date one year after the
date hereof),or successive dates thereto as provided herein;
d) Be accompanied by a statement signed by the City of Orono certifying that a default has occurred
pursuant to the terms of the Crystal Bay Business Center Development Agreement.
This Credit shall automatically renew for successive one-year terms unless,at least forty-five(45)days prior to
the next annual expiry date (which shall be of each year), the Bank delivers written notice to the
Orono City Administrator that it intends to not renew this Credit. Written notice is effective if sent by certified mail,
postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual expiry date
addressed as follows: Orono City Planner, P.O. Box 66, Crystal Bay, MN 55323, and is actually received by the City
Administrator at least thirty(30)days prior to the expiry date.
This Credit sets forth in full our understanding which shall not in any way be modified,amended, amplified,or
limited by reference to any document,instrument,or agreement,whether or not referred to herein.
This Credit is not assignable. More than one draw may be made under this Credit provided that the sum of all
draws does not exceed the amount set forth above. Furthermore, the principal amount of this Credit may from time to
time be reduced to such amounts as may be approved in writing by the City of Orono pursuant to the written
recommendation of its representatives.
This Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits,International Chamber of Commerce Publication No. 500, 1993 revision.
We hereby agree that a draft drawn under and in compliance with this Credit shall be duly honored upon
presentation.
Very truly yours,
By: By:
Name: Name:
Its: Its:
132281 v10
-20 -