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GORDON R.COFFINCO.,INC, manvernmat warp+, w_tr, ttininnga >A
ENOMERS 8 LAND SURVEYORS 9UGuir fry u.ti."aat Ww r sack Mn, OF ruse hr r.a:a m mar/office
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BRACKETTS POINT 2ND ADDITION
pI Had ae BRACKETTS POINT 2ND ADDITbN, aM doH
for W ale us• fomar Ue Pu01k way, and tha dnlna9e uM
k, single, has benunk art Me hand this � day of
apnea
BRUCE G. PADDOCK
aTATE OF MWNESOTA
COUNTY OF 1�+a�-Tb' (xeyoirp Instrument urea «k«wiedped be/on ma Ub
awe`, day of _I� « .200� ly Bn+u D. Padtl«k dnpb.
cio I% R. ti
MobryalIwo Nwnr County Minmeob
eo WE 471
MyIsal n•zpns �ar/P aIT e
I hereby uriay thatthis plat of BRACKETS POINT 2ND ADDITION Is a correct representation of
the boundary survey; that an mathematical data and labels am «rrectly designated on tree plat;
Uatatlmnumanbde kt•dnth•pbthaasb»norwiubewrmcUys•tv'dninon•yaras
mdkated on Hn plaq tilt all water boundaries "wet lands as of the data of the surveyors
rNDoHan an shown and labeled on Ue pale that an publk way sat sown and labeled on the
mt.I /urtherurttly that this patvna prepaM by me or under my dh•cl sugrvbkn red Nat1
a duly Llunsn! land Surveyor under Nsiavn oftbe abbe o/ mumota at
✓l
Na. 9.Gmn ry,LaM 9r YOf W rep nNr
Minnesota ldum• Number 12165
STATE OF MMNESOTA
COUNTY OF HENNEPIN The forspoirlg turveyofs dNDub waa erknowNdgb bekn me Ula
K dry o@ Ca.e•.a .200], by Nark S.Gmnberg. Land Surveyor red Enginur.
,Minnesota
19�rompm eakn �apkes ryure lam�
• = .^_•�"t
INC.
ORONO, MINNESOTA
This pint of BRACKETTB PdNT 2ND ADDITION urea approved and aeupted by the CHy Cou«II of
th�e cC�i��ty����M� Orerw, Minn•nb, atsregular Me
ontthn ne of me
eyof
Comm lonnoor�nngOmscribed po� owum and IM County Hghway nnipm •rhrve ban dot
hed by me
theClrKomm nd,tkns, as 20iovldad by Minnesotriod has a Sldwfthout alul Section 605.02, 9uM.2of much enb and
CRY COUNCIL OF THE CITY OF ORONO, MINNE30TA
BY �Q,//"^'• 7v1. C.- . Mayer
.Clark
TA%PAYER 9ERWDEa DEPARTMENT, Hnnepin County, Mlnn•aob
Ibnby rUN thLL bzee payb{e In 2ooT tlpdoryan Mvebn Wid forbnd d•xdbad
on Uis PNL Delsd thle 3ie ay atn Ae3,yaz} .200�.
TILL L//1/gYERSON, /HC �P/IN-C<O`U-NTY AUDITOR
.Deputy
BURVEY DIVISION ,Xnna nCounry, Minnesota 31N
Pursuant to MINN. STAT. 2@2B.5@5 (/@@9I this plat ha• been approved Ube
day of Ate"-•., .20@�.
WILLUM P, BROWN, HENNEPIN COUNTY SURVEYOR
COUNTY RECORDER, Nnn•pin County, Minnesota
1 Mnby udHy U�t N• wlUln plat o/ BRACKETTB PoINT 2ND ADDRION was Died for rsurd in
Ulf oMn Ube �1'� day of �kw,.zt..__.2p0]-, at 4:51 o'cl«k �.M.
MICNAEL H. CUNNIFF, HENNEPIN COUNTY RECORDER
By 18 :[ K....4.C. . Deputy
PLANNERS
Jnccl I Vr LJ1'ICCIJ
OFFI^LAL PLA7 09166
C,R.DOC.NO, 9e3z751
OF
P��E�Pa;NT BRACKETTS POINT 2ND ADDITION
ARE .• A o�
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GRONBERG & ASSOCIATES, INC, ENGINEERS, LAND SURVEYORS, PLANNERS
SHEET 2 OF 2 SHEETS
4
Doc No 9025569 08/16/2007 01:50 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 335494
Deputy 59
Fees
$35.50 DOC
$10.50 SUR
$2.00 COPY
$48.00 Total
NO PRIOR TAXES PAID
TAXPAYER SERVICES
TRANSFER ENTERED
kulj 16 200i
HLM # N Y MINN.
7
DEPUTY
(maintain 3" top margin)
DECLARATION
THIS DECLARATION ("Declaration") is made this _15th day of
_August , 2007, by _Bruce Paddock , [marital
status if individuals] ("Declarant").
RECITALS
WHEREAS, Declarant is the owner of real property within the City of
_Orono , _Hennepin County, Minnesota, platted and legally
described as:
Lots 1 and 3 Block 1, Bracketts Point Addition
Being platted as: Lots 1 and 2 and Outlots A and B,
Bracketts Point 2nd Addition, Hennepin County, Minnesota
[insert legal description]
(the "Property"} and no one other than Declarant, [name additional parties
executing declaration of Consent and Subordination], has any right, title or
interest in the Property, and
WHEREAS, the Property constitutes the entirety of the land to which
Minnehaha Creek Watershed District Permit # 07-2$1 appIies; and
WHEREAS, Declarant desires to subject the Property to certain conditions
and restrictions imposed by the Minnehaha Creek Watershed District as a
condition to issuance of their Permit # 07-281 for the mutual benefit of the
owners of the Property.
NOW, THEREFORE, Declarant makes this Declaration and hereby
declares that this Declaration shall constitute covenants to run with the Property
in perpetuity, and further declares that the Property shall be owned, used ,
occupied, and conveyed subject to the covenants, restrictions, easements, charges
and liens set forth in this Declaration, all of which shall be binding on all persons
owning or acquiring any right, title or interest in the Property, and their heirs,
successors, personal representatives, and assigns.
1. stormwater Facility Maintenance. The terms of Attachment B,
incorporated herein, shall apply to the stormwater management facilities
indicated on Attachment A, identified as follows:
[list stormwater management facilities]
2 Rain Gardens
2. The recitals set forth above are expressly incorporated herein.
IN WITNESS WHEREOF, the undersigned has executed this instrument
the day and year first set forth.
DECLARANT:
By: T— �� wa,
[name and representative
applicable]
STATE OF MINNESOTA )
)ss.
COUNTY OF `� )
The foregoing instrument was acknowledged before me this day of
�''�+",•'�'�• 7ANYA DUDYCNA
tiOTAflY pUBLIG • AIINNESOT4
Gt}+Comm Expitns Jan, 31. 2012
'.� �
Notary Public
This Instrument Was Drafted By:
M�^���o, Gem, w �..�i
� �20 � �� - attd.
Q,�q�pj o�ti,.�,,,J ,1�11`' SS�3 � �
Q E S�r r
2
. � �a�`^'�� n BRU E PADDOCK
x,
- . ,� .ice � ;�- +T ►� i��
ATTACHMENT B
STORMWATER FACILITY MAINTENANCE
These terms apply to the stormwater facilities constructed pursuant to
Minnehaha Creek Watershed District permit application number _07-281
WHEREAS, application has been made for a permit from the MCWD
pursuant to MCWD Rule N, Stormwater Management; and
WHEREAS, the property that is the subject of the permit is legally
described in the Declaration into which this Attachment is incorporated, and the
facilities on the property to which these maintenance requirements apply are as
follows:
2 Rain Gardens
[description]
WHEREAS, MCWD Rule N provides that a maintenance agreement shall
be submitted for stormwa ter treatment ponds, outlet structures for such ponds,
culverts, outfall structures and all other stormwater facilities, and that the
maintenance agreement shall specify methods, schedule and responsible parties
for maintenance and must include at a minimum, the elements contained in the
District's Maintenance Agreement Form.
NOW, THEREFORE:
1. Rain gardens must be kept clean of excess sediment and debris.
Healthy plant growth must be maintained in the rain gardens by removing dead
vegetation in the spring of each year.
2. [Other Requirements]
n
Doc No 9032750 08/31/2007 03:51 PM
Cer#ified filed,and or recorded on above date:
Office of�the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
' TranslD 339252 Deputy 26
� Fees
$35.50 DOC
$10:50 SUR
� $46.00 Totai
t
f
TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERVICES
AUG 31 2007
H � E �. iN v MtNN.
SY ' Ty ,
A RESOLUTION VACATING
A PORTION OF BRACKETTS POINT ROAD
AS DEDICATED IN THE PLAT OF
"REARRANGEMENT OF, ORONO POINT"
AND VACATING CERTAIN DRAINAGE AND UTILITIES EASEMENTS
WITHIN LOTS 1 AND 3, BLOOK s1, "BRACKETTS POINT"
IN THE CITY OF ORONO,
HENNEPIN COUNTY,, MINNESOTA
FILE NO.07-3274/3306
I
v3
Z4
ATY of ORONel
RESOLUTIO
NO.
i
N OF THE CITY COUNCIL
5 6 5, IF .
A RESOLUTION VACATING
A PORTION OF BRACKETTS POINT ROAD
AS DEDICATED IN THE PLAT OF
"REARRANGEMENT'OF ORONO POINT"
AND VACATING CERTAIN DRAINAGE AND UTILITIES EASEMENTS
WITHIN LOTS 1 AND 3, BLOCK 1, "BRACKETTS POINT"
IN THE CITY ;OF ORONO,
HENNEPIN COUNTY, MINNESOTA
FILE NO.07-3274/3306
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, on February 22, 2007 Bruce G. Paddock (hereinafter the
"Developer") represented by George Stickney, in: conjunction with a proposed re -platting of Lots v
1 and 3, Block 1, BRACKETTS POINT, Hennepin County, Minnesota, filed a petition and
application with the City of Orono requesting the vacation of a portion of Bracketts Point Road
dedicated as public right -of --way within the plat,of,REARRANGEMENT OF ORONO POINT,
Hennepin County, Minnesota and legally described as follows, .
That part of Brackets Paint Road as dedicated to the public within the plat of /
REARRANGEMENT OF ORONO POINT, Hennepin County, Minnesota, which lies V
southerly of a line drawn from the most westerly corner of Lot 1, Block 1,
BRACKETTS POINT, Hennepin County,,Minnesota, to the most northerly corner of
Lot 3, said Block l; and
WHEREAS, said petition and application also requests the vacation of certain
drainage and utility easements dedicated in the � plat of BRACKETTS POINT andlegally
described as follows:
All of the Drainage and Utility Easements dedicated in Lots 1 and 3, Block 1, V
BRACKETTS POINT, Hennepin County, Minnesota; and
WHEREAS, the Developer is the owner of two of the three properties directly
gaining public road access via the portion of right -of way to be vacated; and
Page l of 4
���
CITY of ORONTO
RESOLUTION OF THE CITY COUNCIL
NO. 5 65 1
WHEREAS, after due published and posted notice, a public hearing was held by
the Orono Planning Commission on March 19, 2007 regarding said vacations and all interested
persons were given an opportunity to be heard; and
WHEREAS, after due standing and consideration, the Planning Commission on
March 19, 2007 recommended conditional approval of the proposed vacations; and
WHEREAS, the City Council. of 'the City of Orono- finds that said vacations as
proposed are in keeping with the public interest acid in consideration. of the following findings:
1. Bracketts Point Road was originally dedicated to the public as a 20 corridor in its
current configuration in 1903. Currently, the 20' right-of-way of Bracketts Point
Road contains a narrow paved road/doveway that serves homes at 1450, 1480 and
1500. It has no cuWe-sac platted or constructed, but both 1480 and 1500 have
loop driveways that have eliminated, the need for vehicle backing. While these
provide for some minimum level of emergency vehicle access, at the average 14'
width the existing driveway system does not provide the 20' width required by the
Minnesota State Fire Code Sections' 503.1.1 and 503.2.1. The current road and
driveway system is not in compliance with these standards.
2. The portion of dedicated right -of --way to be vacated has technically existed as a
public•roadway %r many ctecades,� but a majority of the portion to be vacated has
served primarily as a private driveway for the three homes at 1450, 1480 and
1500 Bracketts Point Road, and has Inot been fully maintained by the City. The
City for many years has not generally plowed snow or otherwise maintained the
portion of right-of-way to be vacated; except to the extent of using it for access to
the municipal sewer lines under the northerly 60% of the length to be vacated.
3. The right -of --way to be vacated does contain City sewer lines and other public
utility lines which serve the petitioiner and other abutting property owners.
4. The vacations of said right -of way and easements is reasonable only in
conjunction with the proposed relocation of Bracketts Point Road by the
Developer as a new private road, and relocation by the Developer of all associated
utility lines and services. I
S. Because the right -of --way to bey vacated does not abut the shore of Lake
Minnetonka, it does not provide direct access to Lake Minnetonka or any other
public amenity.
Page 2 of 4
JAI/
RESOLUTION OF THE CITY COUNCIL
NO. 5 6 5 1'
6. In conjunction with the proposed relocation of Bracketts Point Road, the vacation
of said right -of --way will not eliminate access to any adjoining or nearby
properties.
7. butility companies have been notified of the proposed vacations and they have
indicated they do not oppose they vacations as long as their respective existing
utility lines are relocated to the relocated Bracketts Point Road and the Developer
.bears all costs of relocating such utilities. The Developer has agreed to this
condition as documented in the Developers Agreement datedD�. :
8. While municipal sewer lines exist within the right -of --way and easements to be
vacated, in conjunction with the relocation of Brackets Point•Road the Developer
has committed,to bear the costs of relocating said lines to the relocated, Bracketts
Point Road.
9. The City does not intend to use the portion of right -of --way to be vacated for any
public purpose.
10. The City has received a letter of support for the vacation from the owners of the
adjacent property served by the existing road.
11. Vacation of the public road and its associated drainage and utility easements, and
relocation of the existing utilitiesi within the vacated corridor, will provide
proposed Lot 1 with a lakeshore yard that is not encumbered by easements.
12. The proposed plat and road relocation will remove significant amounts of
hardcover from the 0-75' lakeshore `setback zone where no hardcover is normally
allowed, and relocate it to the 75-250' zone where its runoff impacts are reduced.
NOW, THEREFORE, BE IT RESOLVED, that the petition of the Developer is
hereby granted by the City Council of the City of Orono and that the portion of right -of --way and
drainage and utility easements as legally described above are hereby vacated, subject to the
following:
1. This vacation approval shall not be effective until such time that Developer has entered
into a Developers Agreement with the City of Orono for relocation of Bracketts Point
Road and its associated utilities. This vacation approval is valid onlZ in conjunction with
the subsequent recording of the plat of BRACKETTS POINT 2 ° ADDITION with
Hennepin County,
Page 3 of 4
W
,P
CITY of ORONO
RESOLUTION OF T14ECjTY COUNCIL
N0. 5 6' b 1
2. Developer shall relocate all•public and private utilities from the roadway and easements
being vacated onto Outlot B of BRACKETTS POINT 2�D ADDITION and/or its
associated drainage and utility easements, at applicant's expense.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on August 27, 2007.
ATTEST:
inda S. Vee, City Clerk J es M. White, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN '
The foregoing instrument was acknowledged before me on this
2007 by James M. White, Mayor -of the City of Orono, a Minnesota m
said instrument was executed on behalf of the City.;
STATE OF MIIVNESOTA
COUNTY OF HENNEPIN
day of ,
unicipal corporation and
JACQUELYN M. Yp
Notary Puhlto-Minnesota
E0 8 Jan 31,
ti'wWVV1Aww..���_ _ - Z010
The foregoing instnunent was acknowledged before me on this day of -w
2007 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'
(�,1�/mil 1 _/l1J11111JJ11J111J111..t
.tlrrv_-Seri G.-�=�^.i✓-�✓lrlirrrrll
r 1 Notary Public
Page 4 of 4
e � �
STATE OF MITSNESOTA }
ss i
COUNTY OF HENNEI'IN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on August 27,'2007, with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 28th day of Aulgust , 2007.
i
City Clerk
(seal} � ,
. �
;, _;
IIIIII�IIhIIIIVI�IIIIIIIIII�IIIIVII
Doc No 9032754 08l31l2007 03:51 PM
Certified filed and or recorded on above date:
Office of�the County Recorder
Hennep �n County, Minnesota
Michael H. Cunniff, County Recorder
' TransiD 339252
I
I ;
' r
I
I
1
I
Deputy 26
Fees
535.50 DOC
$10.50 SUR
$46.00 Total
i
I i 0
K ' '
�o ZAND PRIOR TAXES PAID
TAXWER SERVICES
TRANSFER ENTERED
AUG 31 2001
PRIVATE ROAD, EASEMENT AND MAINTENANCE DECLARATION
This Private RoadEasement and Maintenance Declaration ("this Declaration") is made
this36. day of 4y4
, 2007, by and between Bruce Paddock, also known as Bruce G.
Paddock ("Paddock"), a single person, and Mark C. Headrick and Laurie S. Headrick
(collectively, the "Headricks"), husband and wife, and is based on the following facts:
A. Paddock is the fee owner of real property situated in Hennepin County, I�
Minnesota, legally described as Lots 1 and 3, Block 1, Bracketts Point (the "Paddock Property").
B. The Headricks are the fee owners of real property situated in Hennepin County,
Minnesota, legally described as Lot 2, Block 1, Bracketts Point (the "Headricks Lot").
Co Paddock has applied to the City of Orono, Minnesota (the "City") for approval of
a subdivision of the Paddock Property into two residential buildable lots and two outlots in
accordance with the plat of Bracketts Point 2nd Addition (the "Plat"), and for vacation of that part
ABracketts Point Road, as said road was dedicated to the public in the plat of
REARRANGEMENT OF ORONO POINT, which lies southerly of a line drawn from the most
westerly corner of Lot 1, Block 1, BRACKETTS POINT, to the most northerly corner of Lot 3,
said Block 1.
D. The portion of said Bracketts Point Road to be vacated by the City currently
serves both the Paddock Property and the Headricks,Lot.
E. The City has agreed to vacate that part of Bracketts Point Road as said road was
dedicated to the public in the plat of REARRANGEMENT OF ORONO POINT, which lies
southerly of a line drawn from the most westerly coiner of Lot 1, Block 1, BRACKETTS
POINT, to the most northerly corner of Lot 3, said Block 1, and to approve the Plat, subject to
certain terms and conditions, including without limitation the condition that Paddock and the
Headricks (collectively, "Declarants") execute and deliver this Declaration and cause it to be
duly recorded in the office of the County Recorder in and for Hennepin County, Minnesota.
F. Declarants wish to comply with the condition to the City's approval of the Plat
and vacation of that part of said Bracketts Point Road, and to set forth in writing the terms of
their agreement with respect to the foregoing.
IOOR833v5
NOW, THEREFORE, in consideration of the facts stated above and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Declarants hereby declare and agree as follows: '
1. Recitals Incorporated. The facts stated above are hereby incorporated into this
Declaration and made a part of this Declaration by this reference.
2. Effective Date. This Declaration shall be effective immediately upon recording,
in the office of the County Recorder in and for Hennepin County, Minnesota, of both the Plat
and the deed required by Section 6 below. '
3. Definitions. The following words, when used in this Declaration, shall have the
following meanings:
(a) "Assessment": a Common Expense fixed and established by the Owners in
accordance with Section 10.
I
(b) "Common Area": Outlots A and B of the Plat.
{c) ``Common Expense": any expenditure made and liability incurred by or on
behalf of the Owners as provided in Section 9.
(d) "Lot": any of the following: Lot 1, Block 1 of the Plat; Lot Z, Block 1 of
the Plat; and Lot 2, Block 1, Braeketts Point.
(e} "Lot Assessment": that portion of the Common Expense assessed against a
Lot.
{f} _ "Owner": one or mare Persons who or which holds fee title to a Lot;
provided, however, that if a Lot is being sold pursuant to a contract for deed, the contract
purchasers) entitled to possession of the Lot shall be the Owner unless and until the contract for
deed shall have been cancelled or otherwise shall,have terminated.
(g) "Person": a natural individual, corporation, limited liability company,
partnership (whether general, limited or limited liability), trustee, or any other legal entity
capable of holding title to real property in the State of Minnesota.
(h) "Plat": the recorded plat of Bracketts Point 2°d Addition, Hennepin
County, Minnesota.
(i) '`Private Road'": the roadway and other improvements now or hereafter
located on Outlot B of the Plat, including without limitation any underground utilities now or
hereafter constructed or installed thereon, therein or thereunder.
{j} "Property": The Lots and the Common Area.
1008833v5
(k) "Storm Water Facilities": the rain gardens and other facilities, now or
hereafter located within the Storm Water Facilities Area, for drainage and retention of surface
water on the Property, whether constructed by Paddock or the City.
(1) "Storm Water Facilities Area": the portion of Outlot A of the Piat that is
subject to a utility and drainage easement wider than ten (10) feet; and the portion of Lot 2,
Block I of the Plat that is subject to a utility and drainage easement east of the utility and
drainage easement surrounding the circular portion of Outlot B of the Plat.
4. Private Road Easement. Paddock hereby declares and creates a perpetual, non-
exclusive private road easement over Outlot B of the Plat, for the benefit of and appurtenant to
each of the Lots and benefiting each current and future Owner of each of the Lots, for use by
each such Owner, and the guests and invitees of such Owner, for pedestrian and vehicular
ingress and egress, and underground utility purposes, between such Lot and Bracketts Point
Road as dedicated pursuant to the Plat. No fence shall be installed on any Lot within ten (10) feet
of the paved surface of the Private Road. The Private Road shall be continuously maintained,
including snow removed, to the full width of the paved surface to permit adequate access by
emergency and other vehicles.
f
5. Public Access to Private Road. Paddock hereby declares and creates: a
perpetual, non-exclusive easement over Outlot B of the Plat, for the benefit of the City, for
public ingress, egress and access, for road, drainage and utilities purposes and uses, including the
right to construct and maintain the same, including but not limited to a full and free right and
authority to enter upon Outlot B of the Plat to construct, install, maintain, operate and repair a
sanitary sewer interceptor, lift station, main or line, a water main or line, gravel or paved road,
and any and all appurtenances, including drainage control structures, incidental and related
thereto; and a perpetual, non-exclusive easement over Outlot B of the Plat, for the benefit of the
public, for access over and across Outlot B of the Plat.
6. Ownership of Common Area. Ownership of the Common Area shall be shared
equally among the Owners from time to time of the Lots, such that the Owner of each of the Lots
from time to time also shall be the owner of an undivided one-third (1/3) interest in the Common
Area. Ownership of the Common Area shall not, be separated from ownership of the Lots unless
and until, and except to the extent that, the Owners of the Lots unanimously agree in writing to
create a non-profit corporation under Minnesota law to own all or part of the Common Area and
convey their respective interests therein to such corporation. Contemporaneously with the
recordation of this Declaration, Paddock shall cause to be duly recorded a deed from Paddock to
the Headricks to an undivided one-third (1/3) interest in and to the Common Area.
T Use of Common Area. Outlot A of the Plat shall be used by the Owners of the
Lots solely for tennis court and related recreational purposes, and Storm Water Facilities. Each
Owner shall be responsible for defending and paying all claims, actions, causes of action and
damages arising from the use of the Common Area by that Owner and the guests and invitees of
that Owner, and each Owner shall indemnify and bold the other Owners harmless from all
1008$33v5 3 '
claims, actions, causes of action and damages arising from the use of the Common Area by the
indemnifying Owner or the guests or invitees of the indemnifying Owner.
8. Use of Storm Water Facilities Area. The Storm Water Facilities Area shall be
used solely for purposes of drainage and retention of surface water, and shall be maintained by
the Owners in perpetuity, free from mowing or other vegetative disturbance, fertilizer
application, yard or other waste disposal, placement of structures, or any other alteration that
impedes the function of the Storm Water Facilities in protecting the quality of water or flows
downstream.
9. Mainten;tnce of Common Area and Other Storm Water Facilities Area. The
Owners of the Lots shall share equally in the cost of maintaining the Common Area and the
improvements thereon and the Storm Water Facilities Area located outside of the Common Area,
including without limitation the tennis court on Outlot A of the Plat, the Private Road and the
Storm Water Facilities. Such expenses shall include the cost of maintaining, repairing and
replacing, and paying the cost of electricity used by, any and all street lights and other lights
within the Common Area to the extent not maintained by the City; any special assessment levied
by the City against any or all of the Lots for the improvement, reconstruction, repair or
replacement of Bracketts Point Road lying north of the Property, regardless whether such
assessment is levied by the City against all or fewer than all of the Lots, and regardless whether
the City levies such assessment in equal or unequal amounts against the Lots; and any real estate
tax and special assessment levied against any or all of the Common Area. The Owner of each
Lot, by accepting a deed or other instrument of conveyance of a Lot, whether or not it shall be so
expressed in such deed or other instrument, conclusively is deemed to covenant and agree to pay
all Lot Assessments when due pursuant to this Declaration. All Lot Assessments, with interest,
collection costs and reasonable attorney's fees, shall be a lien on a Lot, in favor of the Owners of
the other Lots, from the due date of such Lot Assessment until paid in full. All Lot Assessments,
with interest, collection costs and reasonable attorney's fees, also shall be the personal obligation
of the Owner of the Lot as of the due date of the Lot Assessment and, if more than one person is
the Owner of the Lot, each such person shall be jointly and severally liable therefor. No Owner
of a Lot may waive or otherwise escape liability for Lot Assessments by non-use of the Common
Area or abandonment of a Lot.
l0. Manner of Fixing Assessments; Uniform Rate of Assessment. Lot
Assessments shall be fixed at a uniform rate for each of the Lots, and shall be collected on a
monthly, quarterly or annual basis, as determined from time to time by a majority of the Owners
after at least 30 days' prior notice to all Owners. If more than one Person constitutes the Owner
of a Lot, all such Persons shall decide among themselves how to vote in any vote of the Owners
of Lots. The Owner of each Lot shall have one vote. Unless all of the Owners otherwise
unanimously agree in writing, Lot Assessments shall not include the cost to add to, or improve
the quality or character of, the Common Area or the improvements now or hereafter located on
the Common Area, and no such addition or improvement shall be made without such unanimous
consent in writing.
11. Effect of Nan -Payment of Lot Assessments. Any Lot Assessment not paid
within thirty {30) days after the due date shall bear interest from the due date until paid, at a rate
1008833v5 4
equal to the lesser of the highest rate permitted bylaw, or eight percent (81/o) per annum. Any
Owners) may bring an action at law against an Owner who has not timely paid a Lot
Assessment for which such Owner is personally obligated (a "Defaulting Owner"), and/or
foreclose, in the name of the Owner(s) who are not a Defaulting Owner, the lien against the Lot
owned by the Defaulting Owner, to collect any Lot Assessment owed by the Defaulting Owner.
A suit to recover a money judgment for unpaid LotAssessments and expenses hereunder may be
maintained without waiving the lien securing the same.
12. Lien for Assessments. The lien for a Lot Assessment provided for in this
Declaration shall be superior to all other liens and encumbrances on a Lot except for the lien of
general and special taxes and the lien of any prior mortgage on the Lot. To evidence a lien for a
Lot Assessment, any Owner may prepare a written notice of lien, setting forth the amount of the
Lot Assessment, the due date thereof, the amount remaining unpaid, the name of the Defaulting
Owner and a description of the Lot, and record the same in the appropriate real estate recording
offices) in and for Hennepin County, Minnesota. Such lien may be enforced by judicial
foreclosure or foreclosure by advertisement in the same manner in which mortgages on real
property may be foreclosed in the State of Minnesota, and each current and future Owner, by
becoming an Owner, hereby grants to the other Owners a power of sale, to enable the other
Owners to enforce the lien hereby created by non judicial proceedings. In any such foreclosure,
the Defaulting Owner shall be required to pay the costs and expenses of the other Owner(s) in
collecting the Lot Assessment and/or enforcing the lien, all of which shall be secured by the lien
being foreclosed. In order to cause the non -defaulting Owners to discontinue any foreclosure or
other proceedings to collect any Lot Assessment and/or to enforce any lien granted pursuant to
this Declaration, the Defaulting Owner shall be obligated to pay all Lot Assessments against
such Owner's Lot which shall have become due as of the date of such payment, and all costs and
expenses incurred by the other Owners in collecting the Lot Assessment and/or enforcing such
lien, including reasonable attorney's fees. A release of notice of lien shall be executed by the
non -defaulting Owners in recordable form, and may be recorded at the expense of the Defaulting
Owner, upon payment of all sums secured by a lien which has been the subject of the recorded
notice of lien.
13. Continuing Liability. 'The sale or other transfer of a Lot shall not extinguish or
otherwise impair the Lot Assessment lien, nor extinguish or impair the personal obligation of the
selling Owner for any delinquent Lot Assessment and interest, costs and expenses, until the same
shall have been paid in full. Notwithstanding the foregoing, the personal liability of any Owner
to pay Lot Assessments and any related interest, costs and expenses shall apply only as to any
such Lot Assessments, interest, costs and expenses which were due when the Owner became the
Owner of the Lot or which became due thereafter, but prior to the date on which the Owner
ceased to be the Owner of the Lot. 1
14. Governmental Assessments. In the event that the Owners fail to perform any of
their obligations pursuant to this Declaration and such obligations were imposed by or for the
benefit of the City or any other governmental or quasi-govemmental entity, such governmental
or quasi -governmental entity shall be entitled to pay and perform the obligations of the Owners
in connection therewith and to levy, impose, enforce and collect the costs so -paid or incurred by
such entity by an equal assessment on each of the Lots, to the fullest extent permitted by law.
1008833v5 5
15. Delegation of Authority. The Owriers, from time to time, may delegate to one or
more of the Owners the power to arrange for the maintenance, repair and replacement of the
Private Road and the other improvements on the Common Area and to collect and properly
dI
sburse Lot Assessments paid by the Owners.
1 b. Duration. The covenants, conditions, restrictions and easements in this
Declaration shall run with and bind the Property and shall inure to the benefit of and be
enforceable by and against the Owner of each Lot, and their respective legal representatives,
heirs, successors and assigns. The easements created'pursuant to this Declaration shall be
perpetual. Any provision of this Declaration expressly benefiting the City, the County, or any
other governmental or quasi -governmental entity, shall be perpetual unless and until waived in
writing by that entity. All other covenants, conditions, restrictions and reservations created by
this Declaration shall continue for a term of thirty (30) years from the date of this Declaration,
after which time the same shall expire except to the extent preserved in a duly recorded
instrument, signed by all of the Owners, agreeing to extend the duration of all or any part of this
Declaration. '
17. Enforcement. Each Owner shall have the right to enforce, by any proceeding at
law or in equity, all easements, covenants, conditions, restrictions and charges now or hereafter
imposed by the provisions of this Declaration, including the collection of any Owner's pro rats
share of Common Expense. The City, the County, and any other governmental or quasi -
governmental entity, shall have the right to enforce by any proceeding at law or in equity all
easements, covenants, conditions and restrictions created by this Declaration expressly for the
benefit of such entity. In view of the purposes of this Declaration and the unique characteristics
of the Property, it is acknowledged that money damages to any Owner or any other entity in the
event of a violation of any of the terms hereof would be an inadequate remedy, due to the
irreparable and immeasurable harm done thereby., Accordingly, each Owner and any other entity
shall have the right, in addition to any other remedies available at law or in equity, to apply for
and receive from any court of competent jurisdiction in the State of Minnesota, equitable relief
by way of restraining order, prohibitory or mandatory injunction, or other relief, to prevent and
enjoin a breach of the terms of this Declaration, or by way of specific performance to enforce
performance of the terms of this Declaration. The prevailing party shall be entitled to recover
from the non -prevailing party reimbursement for all costs and expenses of litigation, including
reasonable attorney's fees, witness fees, service of process fees, deposition costs, expert witness
fees, and any other costs incurred in securing such relief.
18. Severability. Invalidation of any provision hereof by judgment or court order
shall not affect any of the other provisions, which shall remain in full force and effect.
19. Amendment, This Declaration may be amended only by an instrument signed by
all of the Owners and any other governmental or quasi -governmental entity required under
Section 16 above.
lU0$833v5 5
• .a ' •r0 ` I
IN WITNESS WHEREOF, Declarants have executed this Declaration on the day and
year first above written, but effective as provided above.
Bruce Paddock
Laurie �. Headrick
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of aXU4WAE.,
2007, by Bruce Paddock, also known as Bruce G. Paddock, a sing e� AAMA
"4044040 OF I
-.:` TANYA DUDYCHA �-
Signature ofNotary Public or Ot Official
NOTARY PUBLIC - LIINNESOTA t
`'•' J.Iy Comm Expires Jan. ?I, 2012
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN }
The foregoing instrument was acknowledged before me this ��U- day of ,
2007, by Mark C. Headrick and Laurie S. Headrick, husband and wife.
"'`TANYA DUDYCHA
r� (�_� NOTARY PU9UC - LNNIJESOTA
I.IV Comnt Expires Jan. 31. 2012
F
Signature ofNotary
THIS INSTRUMENT WAS DRAFTED BY:
MOSS & BARNETT (JLW)
A Arofessional Association
4800 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 554024129
Telephone: (612) 877-5000
{008833v5
1
IIN��nlllll�llllllgllllllnlllll
Doc No 9032751 OS/31 /2007 03:51 PM
Certified filed and or recorded on above date:
Officelof�the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
� TranslO 339252
4
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Deputy 26
Fees
$35.50 DOC
$10.50 SUR
$46.00 Total
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TRANSFER ENTEFbED
HENNEPIN COUNTY TAXPAYER SEAViCES '
au� 312oat
;,
BYRE � i �,Q AI�NN.TM
i
A RESOLUTION
APPROVING THE PLAT OF
BRACKETTS POINT 21D ADDITION
- FILE #07-3274 / #07-330b
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RESOLUTION OF Tf��ICY� OUNCIL
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A RESOLUTION ✓/
APPROVING THE PLAT OF
BRACKETTS POINT 2ND ADDITION
- FILE #07-3274 I #07-3306
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and � i
'�
WHEREAS, the City Council of the City of Orono (hereinafter "City Council")
has adopted subdivision and land development regulations for the orderly, economic and safe
development of land within the City; and
WHEREAS, the City Council has considered the application by Bruce G.
Paddock, single, (hereinafter "Developer"} for subdivision of property located at 1450 and 1500
Bracketts Point Road and including a portion of Bracketts Point Road, legally described as
follows: +
Lots 1 and 3, Block 1, BRACKE i TS POINT, Hennepin County, Minnesota;
and
That part of Bracketts Point Road as dedecated to the public within the plat of
REARRANGEMENT OF ORONO POINT, Hennepin County, Minnesota, which
lies southerly of a line drawn• from the most westerly corner ai Lot 1, Block 1,
BRACKETTS POINT, Hennepin County; Minnesota, to the most northerly corner
of Lot 3, said Block 1; � ,
(hereinafter "the property"); and
i
WHEREAS, on April 23, 2007 the' City Council adopted Resolution No. Sb07
granting Preliminary Plat Approval •for the prop`.osed development of a two -lot plat for single
family residential purposes, including the creation of two outlots, one for private road purposes,
and one to accommodate an existing tennis court for,potential neighborhood use; and
WHEREAS, the Developer has completed or has agreed to complete all
requirements of the platting regulations of the City and requirements of the City for the proposed
plat, including: ,
1. Completion of all platting requirements of Preliminary Plat Resolution No. 5607.
Page I +of 5
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c�TYo� oR®moo
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RESOLUTION OF THE CITY COUNCIL
� � No. 5 6.5 � •
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2. Dedication on the plat of perimeter: Drainage and Utility Easements and Drainage
Easements as required in Resolution No. 5607.
3. Submittal of Minnehaha Creek Watershed District (MCWD) permit approving the
grading, drainage and stormwater management plan for development of the
Property. .
{ .
4. Provision to the City of an underlying Road, Drainage and Utilities Easement for
the private road within Outlot B. ,.
r• �
5. Provision to the City of a Declaration of Covenants, Conditions and Restrictions,
and Private Roadway Easemen# for the private road in Outlot B, including
• provisions allowing no fences within 10' either side of the pavement, as well as
requiring that the private road be maintained in all seasons to its paved width and
not allowed to be narrowed. � � •
•�
6. Dedication on the plat of right -of --way for a public portion of Bracketts Point
_Road. � � •
��
7. Submittal of covenants for use and maintenance of .tennis court Outiot A,
• including provisions prohibiting additional accessory structures in Outlot A.
• �
8. Submittal of signed Covenant fori Maintenance of Raingardens, as well as
subrnittai of covenants for all other stormwater management facilities.
4. Submittal of final plans and specifications for all proposed utility lines and
services, including proposed revisions to existing service facilities, as well as a
utility abandonment plan; final grading, drainage and erosion control plan;
engineering details and design for any proposed retaining walls; final boulevard
landscaping design plan with planting schedules including numbers and species;
road construction plans including proposed plan and profile views, typical street
section, geotechnical report, R-value�recommendation and pavement design; all of
the above in sufficient detail to meet�the recommendations of the City Engineer.
10. Submittal of signed Drainage and Utility Easement over the appropriate portions
of the adjacent Headrick property. '
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Page 2 of 5
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CITY
f,
RESOLUTION
OF THE CITY COUNCIL
ri0:34
11. -Provision to the City of a signed and executed Developer's Agreement and Letter
of Credit for the approved site improvements including construction of public and
private road, municipal sewer relocation and relocation of individual service lines
as necessary, storm sewer and drainage systems improvements, and site grading
and landscaping.
12. Provisian to the City of a title � opinion and certified copies of all recorded
easements currently affecting the Property.
13. Payment to the City of final plat review fees and legal review hand filing fees in
the amount of $530.00 as established,within Resolution No. 5607.
NOW, TiiEREFORE, BE IT •RESOLVIM that based on the findings of
Resolution No. 5607, the City Council of the City of Orono does hereby approve the plat of
BRACKETTS POINT 2ND ADDITION, Hennepin; County, Minnesota subject to the following
declarations and conditions,
1. Lot Standards. For Lot 1, the yard abutting the public portion of Brackens Point Road
and abutting Outlot B shall be the rear or street yard, subject to a 50' principal -structure
setback. The lot line between Lots I and 21shall be considered as a side lot line for both
lots. For Lot 2, the yard abutting Outlot B shall be considered as a rear or street yard, the
line abutting 1480 Brackens Point Road is a side lot line. Lots 1 and 2 each have
substantial shoreline 'on Lake Minnetonka; requiring a 75' setback,
2, Average Setback. Lats 1 and 2 shall be exempt from the average Lakeshore setback
requirement.
II
3. Use of Outlot A. The only accessory stfucture allowed in Outlot A shall be the private ,
tennis court, and it is specifically granted a variance to be 10' from the new street lot line.
Ownership of Outlot A may be either by one, some, or all of the owners of Lots 1 and 2
and the owner of 1480 Bracketts Point Road.
4. Permits. No land alterations shall take place until erosion control is established and the
City Engineer has approved all final improvement plans. No building permits will be
issued until all sewer relocation, drainage facilities, improvements, and satisfactory road
base (base layer and initial lift of bituminous) have been installed.
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Page 3: of 5
'.:
ITY of ORONi1
RESOLUTION OF THE CITY COUNCIL
5652
N0
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5, City Engineer Approval Required. The Developer shall implement all recommendations
of the City Engineer regarding grading, drainage, stormwater management and site
improvements. ! i
6. Construction of Road Utilities and Other' Site Improvements. The Developer shall
construct the public and private road, municipal sewer and individual connections,
stormwater and drainage systems and f4cilities, site grading, and landscaping in
accordance with the Developers Agreement to .be executed between the City and the
Developers.
7. Minnehaha Creek Watershed District Approval. This subdivision approval is subject to
MCWD approvals and permits as required. 'The final plat shall not be released for filing
until the Subdividers have .provided evidence that all required MCWD permits have been
obtained.
8. Devel_,_pers Agreement. The plat shall not`be released for filing until the Subdividers have
executed a Developers Agreement per the conditions of Resolution No. 5607, including a
letter of credit written to 150% of the cost of the proposed site improvements, including
any required landscaping. "
4. Release for Filing. The City Clerk shall release the plat documents for filing only upon
certification by the City Attorney and Planning Director 4that all requirements of the
platting regulations have been satisfied.
14. Filing. The aforesaid plat shall be filed with Hennepin County on or before February 13,
2008 together with a certified original copy of this resolution and executed copies of the
easements and covenants pertinent thereto.
The approval granted by this Resolution shall expire if the conditions of this Resolution have not
been met or the at has not been filed by the date specified above. in that event, it will be
necessary to file a new application with the City of Orono for subdivision review.
Page 4 of 5
ITY
i'1 �k of i
RirSOLUTION OF THE CITY COUNCIL
N0.
Adopted by the City Council of Orono this 27th day of August, 2007.
ATTEST: I '
CAI
Linda S. Vee, City Clerk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I
White, Mayor
The foregoing instrument was acknowledged before me on thisa� day of
2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal
cor oration and said instrument was executed on behalf of the City.
I
r��TTT♦IT RAT T'
4*%r
STATE OF MINNESOTA u
COUNTY OF HENNEPIN ! '
The foregoing instrument was acknowledged before me on this day of
2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal
core ration and said instrument was executed on behalf of the City.
F2ACHEL BODGE
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2010
t�vtary ruauc
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Page 5 of 5
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STATE OF MINNESOTA ) � E
ss +
COUNTY OF HENNEPIN ) i
The undersigned, being duly qualified ands appointed City Clerk of the City of
Orono, Minnesota, certifies that 1 compared the foregoing resolution adopted at the
meeting of the Orono City Council on August 27,,2007, with the original thereof on f le
in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 28th day of August , 2007. '
(seal)
�������
City Clerk
M
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IIII�IIIIIII!III�I�IIIII�IIIIIVIIIINIIII
Doc No 9d32753 08/31/2007 03:51 PM
Certified filed and or recorded on above date:
Office�of the County Recorder
Hennepih County, Minnesota
Michael H. Conniff, County Recorder
� Translp 339252 Deputy 26
Fees
� $35.50 DOC
� $10.50 SUR
� $46.00 Total
' ;
��AxR YEFl�B Rv C �, AAID
TRANSFER ENTERED
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AIfG 31 200�
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CITY OF ORONO
HENNEPIN COUNTY; MINNESOTA
DEVELOPER'S AGREEMENT FOR
BRACKETTS POINT 2ND ADDITION
(Name of Development}
BRUCE G. PADDOCK
(Name of Developer)
THIS AGREEMENT, made and entered into this �_ day of
� , 2007, by and between the City of Orono, a municipal
corporation organized under the laws of the State�of Minnesota (hereinafter called "City"),
and Bruce G. Paddock, single, his heirs, successors and assigns, (hereinafter called
"Developer").
WITNESSETH:
WHEREAS, the Developer ha.'s made application to the City Council for
approval of a the plat of BRACKETTS POINT 2ND ADDITION, the approval of which
required certain public and private improvements including installation of a ne�v private
road, relocation of utility services, storm sewer improvements, and site grading and
landscaping improvements; and � �
WHEREAS, the City Council has granted final approval for such
development per the findings and conditions of Resolution No.S(o52 adopted
g —� 27 , 2007 on the condition that the Developer complies with all
recommendations of the City Engineer, which includes entering into this agreement to
provide for the installation of improvements hereinafter described on the terms and
conditions set forth. '
Page 1 �of 7
Initials of Developer
� � Initials of City Gterk�
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NOW, THEREFORE, in consideration of the premises and of the mutual
promises and conditions hereinafter contained, it isl hereby agreed as follows:
I
1. Property Description. This Agreement shall apply only to the following
described property located in Hennepin County, Minnesota:
Lots I and 2, Block 1 and Outlots A and B, BRACKETTS POINT 2yD
ADDITION, Hennepin County, Minnesota
� (hereinafter the "Property"}
2. Improvements. In accordance with the policies and ordinances of the City, the
following described public and private improvements (hereinafter collectively
called the "Improvements") shall be constructed and installed on the terms and
conditions hereinafter contained. � '
- Construction of a new roadway (portions public, portions private)
- Construction of new municipal, sewer lines and individual services
- Construction of stormwater management improvements
-Construction of grading and landscaping improvements
- Relocation of public utility lines (gas, electric, telephone, cable}
3. Construction Ptans. Final sets of the following described detailed plans and
specifications for the complete installation of the Improvements prepared by Mark
Gronberg of Gronberg Associates shall be submitted by the Developer for the
approval of the City prior to the start of construction. The plans and
specifications shall conform to all current City standards for all applicable work:
Road and Sanitary Sewer Plan ' '
Grading Plan �
Storm Water Pollution Prevention Plan {SWPPP}
Landscaping Plan {including required boulevard trees)
4. Construction of Improvements
A. Commencement Date —The construction of Improvements shall begin no
later than'" 12/31 /Q7 __.
B. Completion Date All Improvements shall be completed no later than
(� 12/31/OS F
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Page 2,of 7
Pnitials of Developer
i Initials of City Cterk
C. Contractors — The Developer shall select, retain and supervise the
Contractor(s) responsible for the cgnstruction of the Improvements. The
City reserves the right to require satisfactory proof of successful
experience and adequate financial status of any such contractor. Where
required by City ordinance, the contractor shall first obtain a license from
the City.
D. Pre -Construction Conference —Prior to the start of any construction, the
Developer and the Developer's contractor shall meet with the responsible
City official to review construction plans and schedules.
E. Permits --Prior to tea of any construction, the Developer's contractor
shall apply for and receive all necessary permits from the City and/or
government agencies having jurisdiction.
I
F. Construction — The construction, installation and materials shall be in
accordance with the plans and specifications approved by the City.
G. Insurance —The Developer will cause each person who constructs and
installs any Improvements to maintain complete insurance coverage
including Workmen's Compensation, Liability and Property Damage.
5. Performance Security. For the purposes of assuring to the City that the
Improvements will be completed according to the terms of this Agreement, and
that the Developer will pay all claims for work done and materials and supplies
furnished, the Developer or its general contractor will deposit with the City prior
to issuance of site grading and building permits an irrevocable Letter of Credit
(LOC) from a local (Twin Cities area) financial institution in a form satisfactory
to the City, providing that the City is able to draw upon such letter of credit in its
sole discretion to complete the Improvements if the Developer fails to
satisfactorily complete the work prior to the completion date specified in Section
Four (4) above. Further, if the required Improvements are not completed at least
30 days prior to the expiration of the LOC, the City may also draw on the LOC.
If the security is drawn down, the draw shall be used to cure the default.
The amount of the LOC shall be 150% of the estimated Improvements cost. The
estimated Improvements cost is $165,915.00 per the City Engineer's estimate
attached hereto as Exhibit A; therefore, the LOC amount shall be $248,873.00.
As substantial elements of the Improvements are completed and approved by the
City Engineer, the City will authorize reduction of the LOC in an amount equal to
150% of the cost estimate for that phase of the Improvements deemed completed,
but in not case shall the LOC be reducedlto a point less than 10% of the original
amount until all Improvements are complete and accepted by the City. The LOC
t
Page 3 of 7
r t Initials of Developer.
Initials of City Clerk
shall expire no sooner than one year afteir the completion date specified in Section
Four (4) above, to allow for at least one freeze•thaw cycle for settlement.
6. Fees and Expenses. The Developer agrees to pay all City fees required per the
current City Fee Schedule and further agrees to completely reimburse the City for
all the variable additional expenses it incurs in regard to the review and approval
of the Improvements including, but not limited to, direct City payroll and
overhead, costs, and fees paid to consultants and other professionals. Developer
shall establish a Construction Escrow with, the City in the amount of $5,000.00 to
ensure payment of fees and expenses.
7. Resolutions of City. Developer agrees,to be bound by the provisions set forth in
all resolutions of the City Council approving the Development.
8. Binding Effect. The terms and provisions hereof shall be binding upon and inure
to the benefit of the heirs, representatives, successors and assigns of the parties
hereto and shall be binding deemed covenants running with the land. References
herein to Developer, if there be more than one, shall mean each and all of them.
This Agreement, to be executed by the Developer, shall be placed of record so as
to give notice hereof to subsequent purchasers and encumbrancers of all or any
part of the subdivision and all recording fees, if any, shall be paid by the
Developer. F
9. Notices. Required notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, their employees or agents, or mailed to the
Developer by registered mail at the following addresses:
Notice to City
City of Orono
Clerk/Administrator
P.O. Box 66
Crystal Bay, MN 55323
otice to Developer
N
c/o George W. Stickney
,Cola W11 Banker Burnet
201 East Lake Street
Wayzata, MN 55391
10. Incorporation by Reference. All plans, special provisions, proposals,
OF ecifications and contracts for the Improvements furnished and let pursuant to
this Agreement shall be and hereby are made a part of this Agreement by
reference as fully as if set out herein in full.
l l . Disclaimer by City. It is understood and agreed that the City, the City Council,
and the agents and employees of the City shall not be personally liable or
responsible in any manner to the; Developer or Developer's contractors,
subcontractors, matertalmen, laborers, or any other person, firm or corporation,
for any debt, claim, demand, damages,,actions, or causes of action of any kind or
character, arising out of or by reason of the execution of this agreement or the
performance and completion of the Improvements.
Page 4 of 7
Initials of Developer 4'
Initials of City Clerk
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12. Hold Harmless and Indemnification. , The Developer shall indemnify and hold
harmless the City, the City Council, and the agents and employees of the City
from and against all claims, damages, losses or expenses, including attorney fees,
which the City, City Council and agents and employees of the City may suffer or
for which it may be held liable, arising put of or resulting from the assertion
against them of any claims, debts or obligations in consequence of the
performance of this Agreement by the Developer, its employees, agents or
subcontractors, whether or not caused in part by a party indemnified hereunder.
13. Remedy for Default. Default by the )�eveloper of any of the terns of this
Agreement shall automatically result in ,the suspension or withholding of all
permits, licenses, occupancy certificates or other authorizations issued by the City
in connection with the property included in' this development.
A. The Developer hereby grants to the City, its agents and its employees, the
right to enter on the property for the specific purpose of constructing or
completing any and all of the agreed upon Improvements should the
Developer not complete those Improvements by the date specified in
Section 4-B.
B. The remedies afforded to the City under this Section shall be in addition to
any other remedies to which the'City may be entitled by law or other
agreement.
IN WITNESS WHEREUF, the City 'and the Developer have caused this
Agreement to be duly executed on the day and yelar first above written.
CITY OF ORONO f
c i
B
" ({Mayor)
By:
(City Clerk)
DEVELOPER
Bruce G. Paddock ,
Page 540
Initials of Developer
Initials of City Clerk
Reviewed for Administration:
Date: $ wZ 2— r7%
This instrument was drafted by:
City of Orono
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, IvtN SS323
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By:
(Planni
By:
city �
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Page6of7
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Initials of Developer
Initials of City Clerk t.¢�.�
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STATE OF WIN NESOEft 1
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this day of
2007 by James M. White, Mayor of the City of Orono, a Minnesota
nun cipal corporation and said instrument was executed on behalf of the City.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I
The foregoing instrument was acknowled . _
2007 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota
mu icipal corporation and said instrument was executed on behalf of the City.
l(lf JJ111Jllff./!!!./�llfl./.11./l ..(
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STATE OF MINNESOTA
COUNTY %J HENNEPIN
This instrument was acknowledged
24Q7, by Bruce G. Paddock, single.
s Minnesota
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A 1 1
V
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61
I Notary Public
before me this
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Page7of7
' Initials of Developer
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Initials of City Clerk
embank.
FimSar&r%imG=*nucd t,�+
U.S. Bank National Association
800 Nicollet Mall
Minneapolis, Minnesota 55402
866-359-2503 x 5854
612-303-7395
August 14, 2007
City of Orono ("City"}
Orono City Hall
2750 Kelley Parkway
P.O. Box 66
Crystal Bay, Minnesota 55323
International Banking Division, BC-MN-H2OG
TELEX: 192179 USB INTL MPS
S.W.I.F.T.: USBKUS44
! Fax: 612 303-5226
We hereby issue, for the account of Bruce G. Paddock, 3940 Quebec Avenue North, Minneapolis, Minnesota
55427 and in your favor, our Irrevocable Letter of Credit Number SLCMMSP004747 in the amount Two Hundred
Forty Eight, Eight Hundred Seventy Three no1100 U.S. Dollars ($248,873.00), 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: SLCMMSP04747 dated August 14, 2007 of U.S.
Bank National Association";
b) Be accompanied by a Beneficiary's signed statement, purportedly signed by the Mayor or City
Manager of the City of Orono stating: "Bruce G. Paddock is iti default of the Development Contract with the City
of Orono and that five (5) business prior written notice has been given by the City to the developer with respect
to the existence of such default, and such default has not been cured."
c) Be presented for payment at U.S. Bank National Association, Attn: Standby Letters of Credit BC-MN4M
H2OG, 800 Nicollet Mall, Minneapolis, Minnesota 55402 on oI before 4:00 p.m. on August 8, 2008.
This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days
prior to the next annual renewal date, the can delivers written notice to the Orono City Administrator that it
intends to modify the terms of, or cancel, this Letter of Credit: Written notice is effective if sent by courier at
least forty-five (45) days prior to the next annual renewal date addressed as follows: Orono City Administrator,
Orono City Hall, 2750 Kelley Parkway, P.O. Box 66, Crystal Bay, Minnesota 55323.
This Letter of 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 Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made
under this Letter of Credit.
I
This Letter of Credit shall be governed by the laws of the State of Minnesota and by the most recent revision of
the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication
No. 600. t
t
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
U.S. Bank National Association
Authorized Signature
- a
I
C bank.
Five Smr SwWceG=raw=d
U.S. Bank National Association ' I SWIFT: USBKUS44
Standby Letters of Credit: BCWWH2OG TELEX: 192179 USB INTL MPS
800 Nicollet Mall PHONE: 866-359-2503 EXT 5854
Minneapolis, Minnesota 55402 612 303=7395
FAX : 612-303-5226
LETTER OF CREDIT NUMBER: SLCMMSP04747
DOLLAR AMOUNT: USD 248,873000 f
EXPIRATION DATE: AUGUST 8, 2008 �
APPLICANT: BRUCE G. PADDOCK
3940 QUEBEC AVENUE NORTH
MINNEAPOLIS, MINNESOTA 55427
BENEFICIARY: CITY OF ORONO (°CITY")
ORONO CITY HALL
2750 KELLEY PARKWAY
P.O. BOX 66 1 ,
CRYSTAL BAY, MINNESOTA 55323
I
U.S. BANK NATIONAL ASSOCIATION
AUTHORIZED SIGNATURE
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I
ORIGINAL LETTER OF CREDIT SENT TO:
CITY OF ORONO
2750 KELLEY PARKWAY
ORONO, MN 55356-9387
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