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HomeMy WebLinkAboutAmended and Restated Post Closing Agreement r AMENDED AND RESTATED POST CLOSING AGREEMENT THIS AMENDED AND RESTATED POST CLOSING AGREEMENT ("Agreement"), entered into this 2q!day of -xwff , 2016 by and between H. William Lurton ("Donor") and the City of Orono ("City"). RECITALS: A. The Donor has donated property to the City located in Hennepin County, Minnesota, legally described in,Exhibit A hereto("the Land"). B. The City and Donor entered into a Post-Closing Agreement dated December 29, 2000 ("Post Closing Agreement") providing for certain agreements and understandings regarding the Land. C. The Donor and the City amended the Post Closing Agreement on October 12, 2005 to address the City's acquisition of additional property ("First Amendment"). D. MnDOT paid $1,078,500.00 to the City for the acquisition of a portion of the Land, with initial payments beginning on December 19, 2003. The payments from MnDOT were placed by the City into a segregated fund (the "Fund"). The First Amendment authorized use of the proceeds from the Fund for the City's acquisition of approximately 56 acres of property located on Big Island in Lake Minnetonka ("the Big Island Property"). The City paid $1,000,000.00 from the Fund for a portion of the cost of the Big Island Property. E. The Donor and the City desire to amend and restate the Post Closing Agreement and First Amendment to reflect the status of the Property and revisions to the Declaration which was not recorded pursuant to the terms of the Post Closing Agreement. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE FOLLOWING: 1) MnDOT Property. The parties understand that a portion of the Land, as depicted in Exhibit B, has been acquired by the Minnesota Department of Transportation ("MnDOT") since the donation of the Land ("MnDOT Parcel"). The portion of the Land remaining after the sale to MnDOT is legally described in Exhibit C ("Subject Property"). 2) Declaration. As a condition of the conveyance of the Land, the City agrees to record a Declaration of Restrictive Covenants in the form attached hereto as Exhibit D ("the Declaration"). The Declaration shall terminate upon the death of the Donor. 3) Sale Proceeds from MnDOT. The remaining principal amount of the Fund in the amount of$78,500.00 ("Remainder") shall be preserved until December 19, 1 184956v2 2023. Prior to December 19, 2023, the Remainder, including income derived from the Remainder, may be used exclusively for the maintenance and improvement of the Subject Property and adjacent public property. Thereafter, the City may use the amount in the Fund for any purpose it deems appropriate. 4) Name of Park. The park located on the Subject Property shall be named Lurton Park. 5) Amendment. This Agreement may be amended by written agreement of the City and the Donor. 6) Counterparts. This Agreement may be executed in any number of counterparts or by facsimile, each of which will be deemed to be an original, but all of which, when taken together, constitute the same instrument. 7) Effect of the Agreement. This Agreement amends and restates the Post Closing Agreement and First Amendment. (signature pages to follow) 2 184956v2 DONOR: H. William Lurton 3 !849§6vl184956v2 CITY OF ORONO: By, ili TodcMillan, ayor By, ane Tiegsjt4gi 14 4 184956v2 EXHIBIT A LEGAL DESCRIPTION OF LAND The Northwest 1/4 of the Northeast 1/4, EXCEPT the Railroad right of way; and that part of the Northeast 1/4 of the Northwest 1/4 described as follows: Beginning at a point 2.5 chains South of the Northeast corner thereof; thence West 2.6 chains, thence South 3 degrees East to the present railroad right of way; thence Southeasterly along the North side of said right of way to the East line of said Northeast 1/4 of the Northwest 1/4; thence North to the point of beginning, all in Section 32, Township 118 North, Range 23 West of the 5th Principal Meridian, Hennepin County. �r 5 184956v2 EXMBIT B DEPICTION OF M[NDOT PARCEL ant _ n 31 v w' 3",F., .,.v9 a 6 S $� ' �z = i 1 ✓ m Z F=J _ 04 cb 03 za `a01- CL Zoe 16 cl a 3Ke l� / rt ; 6 184956v2 EXHIBIT C LEGAL DESCRIPTION OF SUBJECT PROPERTY That part of the Northwest Quarter of the Northeast Quarter of Section 32, Township 118 North, Range 23 West, Hennepin County, Minnesota lying northeasterly of the following described line: Commencing at the North Quarter corner of said Section 32; thence on an assumed bearing of South 00 degrees 32 minutes 12 seconds East along the West line of the said Northwest Quarter of the Northeast Quarter a distance of 165.00 feet to the POINT OF BEGINNING of described Line; thence South 20 degrees 32 minutes 09 seconds East a distance of 400.00 feet along the easterly right-of-way line of Trunk Highway No. 12 (1323 to B16224) per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-162, according to the recorded plat thereof (Document No. 8519996), Hennepin County Records; thence southeasterly along the northerly right-of-way line of Trunk Highway No. 12 (1316224 to 135) per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-163, according to the recorded plat thereof (Document No. 8519997), Hennepin County Records for the following three (3) courses: South 35 degrees 32 minutes 09 seconds East a distance of 500.00 feet, South 55 degrees 32 minutes 09 seconds East a distance of 400.00 feet and South 78 degrees 32 minutes 09 seconds East a distance of 612.72 feet to the East Line of the said Northwest Quarter of the Northeast Quarter and there terminating. Subject to a permanent wetland easement as delineated on said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-163. Subject to easements & restrictions of record, if any. 7 184956v2 EXHIBIT D DECLARATION OF RESTRICTIVE COVENANTS City of Orono, a municipal corporation and political subdivision of the State of Minnesota ("Declarant"), effective on the 2q r" day of sy,g r 2016, hereby declares as follows: RECITALS A. Declarant is the fee simple absolute owner of that certain real property in Hennepin County, Minnesota legally described in Exhibit A hereto (the "Subject Property"). B. Declarant desires to subject the future use of the Subject Property to the restrictions and limitations set forth in this Declaration. DECLARATIONS NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set forth herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which is hereby acknowledged, Declarant does hereby declare as follows: 1. Restrictions. All persons and entities having an interest in the Subject Property, including Declarant, of any kind or nature, whether legal, equitable or otherwise, and including without limitation all lessees, occupants, and secured parties, by their acceptance or assertion of an interest in the Subject Property, or by their occupancy of the Subject Property, covenant and agree that the ownership, use, occupancy, operation, alienation and conveyance of and their interests in the Subject Property shall be subject to the following restrictions: a. The Subject Property shall be preserved and used only as a natural, passive, environmental park, which may include an off-leash dog park. b. The Declarant shall provide improvements consistent with the use of the Subject Property provided in 1(a) above, which may include a picnic area in the open area of the property, hiking trails, fencing, gates, toilets, water, trash facilities, utilities, and a parking lot. C. No hunting shall be allowed on the Property. d. No ballfields shall be allowed on the Property. 2. Binding Effect. This Declaration shall run with the Subject Property and shall be servitude thereon, and shall be binding upon all persons claiming any right or interest in or to the Subject Property, and their heirs, assigns and successors-in-interest. 3. Amendment. This Declaration may be amended by written agreement of the Declarant and H. William Lurton. 8 184956v2 4. Termination. This Declaration shall terminate upon the death of H. William Lurton. 5. Enforcement. The Minnesota Land Trust or any resident of the City of Orono shall have the right to enforce the restrictions imposed by this Declaration. Enforcement of this Declaration shall be by proceedings at law or in equity against any person or entity violating or attempting to violate any covenant, restriction or provisions set forth herein, either to restrain such violation or to recover damages. With respect to any measures of action, legal, administrative, or otherwise, taken to enforce the provisions of this Declaration, whether or not finally determined by a court or arbitrator, the party violating this Declaration, shall pay to the party seeking enforcement of this Declaration any and all reasonable expenses incurred in connection with such enforcement, including without limitation reasonable attorneys' fees; except that under no circumstances shall the Declarant be obligated to pay such expenses. 6. Governing Law. This Declaration shall be governed and construed under the laws of the State of Minnesota. CITY OF ORONO: By, Lili Tod McMi lanes ayo\ .,' ,,..IVAIi .1 . By, lane Tie,g STATE OF MINNESOTA03�\��'y`;ll . A , $$. �1 ww o•.•a•�. COUNTY OF HENNEPIN T e foregoing instrument was acknowledged before day of 2016, by Lili Tod McMillan and Diane "�iegs, respectively the Mayor and dity 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. ,�OL-le—, -X—.e ,DUB Notary Public THIS INSTRUMENT IS DRAFTED BY: CAMPBELL KNUTSON d=amRACHEL DODGE Professional Association NOTARY PUBLIC•MINNESOTA Grand Oak Office Center I a' My Commission Expires Jan.31,2020 860 Blue Gentian Road,#290 Eagan,Minnesota 55121 Telephone:(651)452-5000 9 184956v2 w r EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY That part of the Northwest Quarter of the Northeast Quarter of Section 32, Township 118 North, Range 23 West, Hennepin County, Minnesota lying northeasterly of the following described line: Commencing at the North Quarter corner of said Section 32; thence on an assumed bearing of South 00 degrees 32 minutes 12 seconds East along the West line of the said Northwest Quarter of the Northeast Quarter a distance of 165.00 feet to the POINT OF BEGINNING of described Line; thence South 20 degrees 32 minutes 09 seconds East a distance of 400.00 feet along the easterly right-of-way line of Trunk Highway No. 12 (B23 to B16224) per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-162, according to the recorded plat thereof (Document No. 8519996), Hennepin County Records; thence southeasterly along the northerly right-of-way line of Trunk Highway No. 12 (B16224 to B5) per MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-163, according to the recorded plat thereof (Document No. 8519997), Hennepin County Records for the following three (3) courses: South 35 degrees 32 minutes 09 seconds East a distance of 500.00 feet, South 55 degrees 32 minutes 09 seconds East a distance of 400.00 feet and South 78 degrees 32 minutes 09 seconds East a distance of 612.72 feet to the East Line of the said Northwest Quarter of the Northeast Quarter and there terminating. Subject to a permanent wetland easement as delineated on said MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY PLAT NO. 27-163. Subject to easements &restrictions of record, if any. 10 184956v2 Doc No A10348197 Certified, filed and/or recorded on Aug 15, 2016 4:30 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 17 Pkg ID 1434884M Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.