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HomeMy WebLinkAboutEncroachment agreement 07- 0 430 1-45D CCW 61 CAMPBELL liNUTSON L7L5 '":1 5 Professional Association January 30, 2008 RECEIVED Thomas J. Campbell JAN 3 2008 Roger N.Knutson Thomas M.Scott City of Orono CITY OF oR0(V0 Elliott B. Knetsch Attn: Evelyn Turner Joel J.Jamnik P.O. Box 66 Andrea McDowell Poehler Crystal Bay, MN 55323-0066 Soren M.Mattick John F.Kelly Henry A.Schaeffer, III Re: Recorded Encroachment Agreement— Mina Schwartz Crystal Bay Business Center/Ryan Co. Samuel J.Edmunds Marguerite M.McCarron Dear Evelyn: Enclosed please find the two original recorded Encroachment Agreements regarding the above matter. One agreement was recorded in the office of the Registrar of Titles on January 8, 2008 as document number 4459672. The other agreement was recorded in the office of the County Recorder on January 17, 2008 as document number 9086547. If you have any questions please give me a call at (651) 234-6212. Very truly yours, CAMPBELL KNUTSON Professional Association By: f, ) /jmo Jean . • son, Legal Assistant Enclosures Cc: Ryan Companies,Attn: Judy Hermanson, w/encl. 1380 Corporate Center Curve Suite 317 • Eagan,MN 55121 651-452-5000 Fax 651-452-5550 www.ck-iaw.com 136390 v2 11 ill 11 11 11 11 Doc No 9086547 01/17/2008 8:28 AM Certified filed and or recorded o above date: Office of the County R order Hennepin County, M. nesota Michael H. Cunniff, Co ty Recorder Tra sID 368526 Deputy 9 Fees $35.50 DOC $10.50 SUR $46.00 Total 11 11 11 1111 11 11 11 Doc No 4459627 01/08/2008 10:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TransiD 365931 Deputy 26 New cert Cert Fees 1216826 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES JAW 16 2000 BY ",14,07,1 r/_1 DEPUTY ENCROACHMENT AGREEMENT AGREEMENT ("Agreement")made this 5th day of December, 2007,by and between the CITY OF ORONO, a Minnesota municipal corporation("City"), and RYAN COMPANIES US, INC., a Minnesota Corporation ("Developer"). RECITALS 1. Background. Certain real property, Orono Industrial Boulevard within the plat of Crystal Bay Business Center(said plat recorded as document#9079456), within the City of Orono, County of Hennepin, State of Minnesota, has been dedicated to the City of Orono (the "Subject Property"). Developer seeks permission from the City to encroach upon the Subject Property for outdoor storage until the street is constructed. 2. Encroachment Authorization. The City hereby grants the Developer permission for the encroachment of outdoor storage upon the Subject Property until the street is constructed, and subject to the conditions set forth in this Agreement. 3. No Waiver. Nothing in this Agreement shall be deemed an abandonment,vacation or waiver of the City's interests in the right-of-way. 4. Maintenance and Repair of Right-of-Way. The Developer shall be solely responsible for all costs relating to the maintenance and repair of the Orono Industrial Boulevard right-of-way,including any damage caused in whole or in part by the Developer's use, maintenance, and repair of the right-of-way of Orono Industrial Boulevard. This maintenance agreement is an obligation of the Developer and shall be binding upon the executors, administrators, successors and assigns of the Developer. The Developer's obligations under this Section 4 shall terminate on the date the City accepts the improvements to Orono Industrial Boulevard made by the Developer pursuant to that certain Development Agreement Crystal Bay Business Center of even date herewith between the Developer and the City. 132834 v2 1 ,004, ifk 5. Hold Harmless and Indemnity. In consideration of being allowed.to encroa + the Subject Property, the Developer,its successors and assigns,hereby agrees to defend, emnify and hold the City harmless from all costs and expenses, claims and liability,including reasonable attorney fees,relating to or arising out of the grant to Developer of permission to encroach into the City's right-of-way. Developer further agrees to indemnify and hold the City harmless from any damage to the Subject Property caused in whole or in part by the use of the Subject Property. 6. No Warranty; Termination. The City does not warrant title or guarantee the continuing right of Developer to encroach upon the City's right-of-way for outdoor storage. The City may, at its sole discretion,terminate this Agreement at any time by giving the Developer one hundred twenty(120) days advance written notice. Following notice, the Developer shall remove its outdoor storage at its sole expense. If the Developer fails to remove the outdoor storage from the Orono Industrial Boulevard right-of-way as provided in this paragraph,then the City may remove the outdoor storage and charge the cost to the Developer. CITY OF ORONO By: C �--- 'GCM�s d)'J • ,Mayor And: r A-0-e---- ktf 1 141 ,f mo©/SC.City Administrator DEVELOPER RYAN COMPANIES US,INC. kir Its ,r Its ( i 132834 v2 2 V� STATE OF MINNESOTA ) ;4« : ( ss. COUNTY OF HENNEPIN ) ..`., . • The foregoing instrument was ac owledged before me this p JSP day of L1 e-e-''1 x1,)2007,by — C yy>J (.L)�,11 and 5na}4 h i p pry.. ,the Mayor and City Administrator, respectively, of the City of Orono, a Minnesota municipal corporation,on behalf of the corporation. 1-SQL-k_k-e_k 0-5C-(_V---- ls. r. rrll.��rr1 NOTARY PUBLIC et. 4 RACHEL DODGE '7-:,11' - NOTARY PUBLIC-MINNESOTA ;,,;y, My Commission Expires Jan.31,2010 STATE OF MINNESOTA ) 11 ( ss. COUNTY OF\ Mcp f/ ) The foregoing instrument w s acknow e ed before me this 5 day of -4k-C�-bc�, 2007, by � [k_ l�v,cl c c.A C ,the v V of Ryan Companies US,Inc., a Minnesota corporation, on behalf of the corporation. 14 . `', -, JUDO A. HERMANSCIN � :,... Notar, +Dubuc•Minnesota t."—. .-1.'' MyCarr",:J.ussanExplreuJaw151.2010 NO ARYPUBLC THIS INSTRUMENT DRAFTED BY: CAMPBELL KNUTSON, Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan,Minnesota 55121 Telephone: (651)452-5000 132834 v2 3 .47. CITY of ORON Municipal Offices A i r ti Street Address: Mailing Address: '04 'I a1i�1 PJ� , 2750 Kelley Parkway P.O. Box 66 ' �l* ' Gtib Orono,MN 55356 Crystal Bay,MN 55323-0066 `�kEsHog' 6 December 2011 Michelle R. Kolling, Closing Coordinator/Operations Manager Renaissance Square 520 Nicollet Mall, Suite 400 Minneapolis, MN 55402 RE: 450&550 Old Crystal Bay Road N/PID Numbers 33-118-23-13-0018 & 33-118-23-13-0018-0017 Ms. Kolling This letter is in response to your request for a zoning compliance letter regarding the properties at 450 and 550 Old Crystal Bay Road North. The above referenced properties are both located within Orono's Industrial Zoning district whereby according to City Zoning Code Section 78-822(3) Manufacturing or assembly is a listed permitted use. The Industrial District code is attached for your reference. Recently, 550 Old Crystal Bay Road North completed the City's application process for approval of a commercial site plan review and building addition. This plan, as approved, complies with all zoning requirements. As the site exists today, prior to the aforementioned approved changes, the property also complies with all zoning requirements. However, please note there is a subdivision approval process underway which has not been completed which will transfer a portion of the 450 property to the 550 property. There is a re-plat in process which has yet to be filed. In addition, the properties are subject to the Crystal Bay Business Center Development Agreement which requires certain actions to be completed by the Developer/property owner which have yet to be complied with in their entirety. 450 Old Crystal Bay Road North as it exists today does not comply with all zoning requirements. The existing nonconformities are allowed to continue under the terms of the Crystal Bay Business Center Development Agreement and the Second Amendment in effect for the property. Any future development of the property would be expected to comply with all of the existing zoning standards. Please let me know if you have any questions. I can be reached at 952.249.4627 or mcurtis@ci.orono.mn.us. Sincerely, CITY OF ORONO_ Melanie Curtis Planning&Zoning Coordinator Telephone(952) 249-4600 • Fax(952) 249-4616 www.ci.orono.mn.us