HomeMy WebLinkAboutRe: Request to pave rd+easement agreement v,,e) 1 7q
REQUEST FOR COUNCIL ACTION
Date: August 5, 2010
Item No.:
Department Approval: 4Administrator A' ' oval: Agenda Section:
Name: Michael P. Gaffron City Administrator
Title: Asst. City Admin. - Long Term Strategy E♦
Item Description: Request to Pave Road - French Creek Preserve
List of Exhibits
A - Plat Map e(z--
B - Sketch
C -Airphoto Pi/X 1
D - 1995 Easement Agreement S 71,-(1 s
The City is fee owner of Ou , French Lake of Oro.. - ajor portion of which has been
designated as French Creek Preserve. e roa. accessing the Preserve from Old Crystal Bay
Road serves 4 existing homes plus the Met Council Environmental Services (MCES) sewer lift
station, and contains a small parking area.for the Preserve.
A 1995 Easement Agreement formalized use and maintenance-of the road relative to the 4
residences served. The Agreement requires City approval for any change of the surface of the
road (see Agreement, Item 1, Maintenance). We assume MCES has a separate prior easement
but have not unearthed that document.
Robert Melamed owns 1000 Old Crystal Bay Road. Apparently to alleviate dust issues, he
previously paved a short north-south segment of the park road either side of the driveways
serving 900 and 1000 OCB Rd. leaving the cul-de-sac as gravel and the east-west portion of the
road as gravel (shown on sketch). He apparently worked with Ron Moorse on this. He now
wishes to pave the east-west segment at his own cost.
Because French Creek Preserve is a nature area, staff is requesting direction as to how to
proceed. If Council agrees to the paving, staff and the City Engineer will work with Melamed on
the appropriate pavement specifications - it will be paved only at the current gravel width of
; ,approximately 16 feet.
We have not discussed this with MCES or the other 3 property owners; at this point we do not
have reason to assume they would object to the paving.
COUNCIL ACTION REQUESTED
Motion to grant approval(to Robert Melamed to pave a portion of the City road serving French
Creek Preserve as describea above.
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http://www.bonestroo.net/infraseek_asp/Orono/mwf/Zoning.mwf Thursday, August 05, 2010 2:37 PM
French Creek Preserve - Outlot A French Lake of Orono
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http://www.bonestroo.net/infraseek_asp/Orono/mwf/Zoning.mwf Thursday, August 05, 2010 2:36 PM
EASEMENT AGREEMENT
In consideration of One Dollar and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the City of Orono, a Minnesota municipal corporation
("City") hereby grants to Robert L. Melamed and Elizabeth K.
Melamed, owner of Parcel 1 as described on Exhibit 'A' attached
hereto, Robert L. Melamed, Trustee of the Ruth H. Melamed Revocable
Trust, owner of Parcel 2 as described on Exhibit 'A' attached
hereto, and Melamed-Lauer Partners, a Minnesota general
partnership, owner of Parcels 3 and 4 as described on Exhibit 'A'
attached hereto (collectively, the "Benefitted Owners") , a non-
exclusive, appurtenant easement for the benefit of real properties
owned by the Benefitted Owners, situated in Hennepin County,
Minnesota, legally described on Exhibit 'A' attached hereto, (the
"Benefitted Property") , for driveway purposes over, across and upon
a portion of real property situated in Hennepin County, Minnesota,
owned by City, described as Outlot 'A' , French Lake of Orono ("City
Property") and legally described on Exhibit 'B' attached hereto and
made a part hereof, (the "Easement Area") and the Benefitted Owners
and the City further agree as follows:
AGREEMENTS:
1. Maintenance. All maintenance, construction,
reconstruction and repair of a gravel driveway situated in the
Easement Area (the "Driveway") shall be conducted by the Benefitted
Owners, including, without limitation, snowplowing, ice removal and
grading; provided, however, that any change in the surface material
(other than crushed rock or gravel) of the Driveway must be first
approved by City.
2 . Share of Maintenance Obligation. Each owner shall be
responsible for paying the percentage of maintenance charges for
his, her or its Lots as described in this paragraph.
The owners of Parcel 1 shall be responsible for
forty percent (40%) thereof.
The owners of Parcel 2 shall be responsible for
forty percent (40%) thereof.
The owners of Parcel 3 shall be responsible for
ten percent (10%) thereof.
The owners of Parcel 4 shall be responsible for
ten percent (10%) thereof.
Each owner shall be responsible for the above-described
percentage share regardless of the fact that different owners may
receive more or less beneficial use from the Easement Area. In
addition to the personal, joint and several obligation of the
owners to pay their respective percentage shares of maintenance
costs, any unpaid maintenance charges shall also be a lien upon the
respective Benefitted Properties. Said lien shall be subordinate
at all times to the lien of any first mortgage now or hereafter
placed against the properties. No owner may seek to avoid payment
of his or her or its maintenance obligations, nor avoid the
imposition of a lien on such owner's Lot by abandoning the
easement.
3. Dispute Resolution. Disputes among the Benefitted Owners
arising under paragraph 1. and paragraph 2 . of this Agreement shall
be settled in arbitration according to the rules then in effect of
the American Arbitration Association.
4 . Termination. This Easement Agreement, and all rights,
obligations, privileges and provisions herein, will automatically
terminate at any time City dedicates the Easement Area for public
road purposes.
5. Prior Document Terminated. This Grant of Easement amends
and supersedes in its entirety that certain Grant of Easement dated
November , 1993, recorded 1993 in the office
of the Recorder in and for Hennepin County, Minnesota as Document
No. , and the same is irrevocably and unconditionally
terminated and of no further force and effect, effective as of the
date hereof.
6. Binding Effect. The easements and obligations granted
or contained herein shall run with the Benefitted Property and the
City Property and be binding upon and inure to the benefit of City
and Benefitted Owners, their successors and assigns, until such
time as this instrument is terminated as herein provided.
7. Indemnification. The Benefitted Owners hereby agree to
indemnify and hold City harmless from all loss, claims or causes
of action, including attorney's fees and costs in defense thereof,
that may arise or result from any acts of Benefitted Owners, and
their invitees use of the Easement Area.
8. Counterparts. This Easement Agreement may be executed
in multiple counterparts, each of which shall be deemed an
original, but all of which counterparts together shall constitute
one and the same instrument.
9. No Warranties. This Easement Agreement is subject to the
rights of all other parties having an interest in or right to use
the Easement Area.
2
IN WITNESS WHEREOF, the undersigned has made and executed this
Easement Agreement effective as of December 1
1995.
"CITY"
CITY OF ORONO
By
•Its Mayor
By:
Its Deputy Clerk
/ •l°-j` ► � ! # 9
Robert L. Melamed
E1`"-abeth K. Melamed
I 1
Robert L. Melamed, Trustee of the
Ruth H. Melamed Revocable Trust
Melamed-Lauer Partners, a Minnesota
general partnership
By.
obert L. Melam , a partner
3
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me this 11th day of
December , 1995, by Edward J. Callahan, Jr. , the Mayor, and *
of the City of Orono, a
Minnesota municipal corporation, on behalf of the corporation.
No ary Public
* Linda S. Vee, the Deputy Clerk . •. CAROLE A.HASEMAN -�
?. NOT RYPUBIN OINNE OTA
UNTY
STATE OF MINNESOTA) ti • My Commission Expires Jan.31,2n00
ill f/ rr �/ r •
ss.
COUNTY OF HENNEPIN)
The oregoing instrument was acknowledged before me this
day of , 1995, by Robert L. Melamed and Elizabeth R.
Melamed.
Notary Pub is
c: TAMMY L.WISKOW
NOTAHERYNNEPIN PUBLICCOUNTY-MINNESOTA
t'
<- 'My Comm Expires Jan.31,
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Th foregoing instrument was acknowledged before me this /4:1-
day of 1 , 1995, by Robert L. Melamed, Trustee of the
Ruth H. Melamed Revocable Trust.
Notary Public)
c TAMMY L.WISKOW E
NOTARY PUBUC-MINNESOTA
4 "MyN EPIN OUNTY
CommCo
;.�,^� Expires Jan.31.2000
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
42This instrument was acknowledged before me this / S- day of
9t 'fit , 1995, by Robert L. Melamed, a partner of Melamed-
Lauer Partners, a partnership under the laws of the State of
Minnesota, on behalf of the partnership
/ •
Notary Publ.
-------- ---------------
''' '- TAMMY L.WISKOW
c; `. NOTARY PUBLIC-MINNESOTA
''t-' - HENNEPIN COUNTY
My Comm Expires Jen. 31.2000
THIS INSTRUMENT WAS DRAFTED BY:
James D. MacKinnon
1055 East Wayzata Boulevard
Suite 300
Wayzata, Minnesota 55391
5
EXHIBIT 'A'
Parcel 1
Lot 2, Block 1, French Lake of Orono
2nd Addition.
Parcel 2
Lot 1, Block 1, French Lake of Orono
2nd Addition.
Parcel 3
Lot 3, Block 1, French Creek Woods
Parcel 4
Lot 4, Block 1, French Creek Woods
EXHIBIT 'B'
An easement for ingress and egress over, under
and across themost southerly 50 feet of that
part of OUTLOT A, FRENCH LAKE OF ORONO„ which
lies westerly of the westerly line of Lots 1
and 2, Block 1, FRENCH LAKE OF ORONO 2ND
ADDITION, and over, under and across that part
of said OUTLOT A which lies westerly of said
westerly line of Lots 1 and 2, easterly of a
line drawn parallel with and 50 feet westerly,
as measured at right angles to, said westerly
line of Lots 1 and 2, and southerly of the
westerly extension of the most westerly segment
of the northerly line of said Lot 1.
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