13 Apr 07 2003 9 : 30AM BONESTROO ROSENE ANDERLIK 6516361311 p . 2
JENSEN & SONDRA LILF0Ao '� 1
9 �
At orneys Ae Law
8525 EDINsRook-I--CROSSING,STE.201
BROOKLYN PARK,MINNESOTA 55443-1968
TELEPHONE(763)424-8811 ® TELEFAX(763)493-5193
e-mail law ensen-sondrall.com
DOUGLAS J.DEBNER)
GORDON L.JENSEN'
GLEN A.NORTON October 29, 2002
STEVEN A.SONDRALL
WILLIAM C.STRAIT=
STACY A.WOODS
Valerie Leone
City Clerk
OF COUNSEL City of New Hope
LORENS Q.BRYNESTAD
4401 Xylon Avenue North
New Hope, MN 55428
Re: Tioga Development/9201 NintteQ-matioiiaIl Parkway
Our File No.: 99.111274
Dear Val:
Please find enclosed for the City records the original recorded documents for the Tioga
property at 9201 International Parkway, as follows:
1. Easement for Construction and Maintenance of Public Improvement; and
2. Agreement to Maintain Easement.
These documents should be kept in the permanent City records. They contain the
recording information as provided by the Hennepin County Registrar of Title's office.
Contact me if you have any questions or comments regarding these documents.
Very truly yours,
Steven A. Sondrall, City Attorney,
City of New Hope
JENSEN&SONDRALL, P.A.
sas@jensen-sondrall.com
After Hours Extension#147
Enclosures
cc: irk McDonald (w/enc.)
ince Vander Top (w/enc.)
CNH99.11274-Val Ltr.doe
teal Property Law Specialist
Certified By The
I' seta State Bar
Oen
'r l ADR Neutral
ed in Iowa
Apr 07 2003 9: 30RM BONESTROO ROSENE ANDERLIK 6516361311 p. 3
36(189'?2 - ,�.�.E�.ro-
TRAN FER ENTERED c�
HENNERN cowry TAXPAYER SERVICES -G
SEP 3 0 2002 erg
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(Reserved for recording purposes only)
EASEMENT FO=': CONSTRUCTION AND MAINTENANCE
OF PUBLIC IMPROVEMENT
THIS INDENTURE is made and entered into on the 9 day of S7(E, 6it 2
2002, between WIKT Properties, LLC, a Minnesota limited liability company (" Fir t� Party")
and the City of New at pe, a Minnesota municipal corporation ("City").
WHEREAS, First Party is the fee owner of real property located in Hennepin County,
Minnesota, legally described as (herein "Property"):
The West 168 feet off Lot 2, Block 1, Science Inndustry Center 2nd Addition;
and
WHEREAS, the City wishes to obtain an easement for drainage, utility ''and ponding
purposes over, under and across said Property;
WITNESSETH, that the First Party in consideration of the sum of One Dollar ($1.00)
and other good and valuable consideration to it in hand paid by the City, the receipt of which is
hereby acknowledged, does hereby grant, bargain and convey unto the said City, its successors
and assigns, forever, a permanent easement over, under._ and across the easement tract
described below, including full and free right and authority to`enter upon and make such use of
the said easement tract as is reasonably necessary and advisable in the Construction,
maintenance and operation of drainage, utility and ponding facilities.
The permanent easement herein granted for drainage, utility and pondini purposes is
situated over, under and across a tract of land (the easement tract) located in Hennepin County,
Minnesota, legally described as:
That part of the west 168 feet of Lot 2, I::Ilock 1, Science Industry Center
2nd Addition, according to the recorded plat thereof, Hennepin County,
Minnesota, lying southerly of the following described line:
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Apr 07 2003 9: 30AM BONESTROO ROSENE ANDERLIK 6516361311 p. 4
Commencing at the southwest corner of said Lot 2; thence on an assumed
bearing of North 0 degrees 51 minutes 35 seconds West, along the west line
of said Lot 2, a distance of 189.75 feet to the point of beginning of the line
to be described; thence South 57 degrees 38 minutes 44 seconds East a
distance of 85.15 feet; thence South 46 degrees 01 minute 13 seconds East a
distance of 58.14 feet; thence South 2 degrees 05 minutes 40 seconds East a
distance of 86.37 feet; thence North 89 degrees 08 minutes 25 seconds East
a distance of 53.67 feet to the east line of said west 168 feet, and said line
there terminating.
WKT PROPERTIES, LLC, a Minnesota
limited Habil'• o .any
By: /'
Its: ?/2_,e_s L 01Er.i
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEPIN )
The s �omg instrument was acknowledged before me thisr-t day of sr��r=ry�tg
2002, by YZ � .p.. . .4 , the ('a s J o e.g.(
of WKT Properties, LLC, a Minnesota limited liability company, on behalf of said limited
liability company.
1111. 1tENNE?M J KVAAt4�
NIYMPlvPUN.=-MINNESOTA
;.. M►COMMeMa+ �w
a+4> otary Public
I, the undersigned, being the duly qualified and acting Clerk of the City of New Hope,
Minnesota, hereby certify that the Council of said City has duly accepted the foregoing
easement.
Dated: 079/ , 2002. E
&Clerk
Drafted By:
JENSEN &SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763)424-8811
PAAnoneyULB\Documents1CNH99-11274-001-Easement.doc
2
Apr 07 2003 9: 30AM BONESTR00 ROSENE ANDERLIK 6516361311 p. 5
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IANNEPIN COUNTY TAXPAYER SERVICES 0 p x
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AGREEMENT
TO MAINTAIN EASEMEN'jl'
THIS AGREEMENT is made and entered into as of the- day of �i6'trviavntits¢64-
2002, by and between WKT Properties, LLC, a Minnesota limited liability company
("Developer") and the City of New Hope, a Minnesota municipal corporation ("City").
WHEREAS, the Developer owns certain real property located in the City of New Hope,
County of Hennepin, State of Minnesota, legally described as:
The West 168 feet of Lot 2, Ir lock 11, Science Industry Center 2nd Addition;
and
WHEREAS, the Developer has granted to the City a certain drainage, utility'and ponding
easement over a portion of the Property legally described as:
That part of the west 168 feet of Lot 2, Block 1, Science iundlustry Center 2nd
Addition, according to the recorded plat thereof, Hennepin County,
Minnesota, lying southerly of the following described line:
Commencing at the southwest corner off said Lot 2; thence on an assumed
bearing of North ® degrees 51 minutes 35 seconds West, along the west line of
said Lot 2, a distance of 189.75 feet to the point of beginning of the line to be
described; thence South 57 degrees 38 minutes 44 seconds East a distance of
85.15 feet; thence South 46 degrees 81 minute 13 seconds East a distance of
58.14 feet; thence South 2 degrees 05 minutes 40 seconds East a distance of
86.37 feet; thence North 89 degrees 08 minutes 25 seconds East a distance of
53.67 feet to the east line off sandl west 168 feet, and said line there terminating;
(the "Easement"), said Easement being set forth more fully in that certain easement document filed
, as Document No. , in the office of the Hennepin County
Registrar of Titles; and
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Apr 07 2003 6 : 31AM BONESTROO ROSENE ANDERLIK 6516361311 p . 6
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•
WHEREAS, the Property is suitable with the governing watershed district, and permanent
provisions for handling of storm runoff, including provisions for operation and maintenance of all
stormwater runoff facilities and ponds, are required, and such provisions are to be set forth in an
agreement to be recorded in the real estate records; and
WHEREAS, the City has given approval to the easement subject to compliance by the
Developer with certain conditions, including entering into an easement maintenance agreement
with the City;
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
1. Maintenance of the Pond° The Developer and its successors or assigns, as fee
owner of the Property, shall be responsible for maintaining the Easement and observing all
drainage laws governing the operation and maintenance of the Easement. The Developer shall
provide the City with a schedule acceptable to the City for inspection of the Easement and outlet
control structure. The Developer shall make all such scheduled inspections, keep records of all
inspections and maintenance activities, and submit such records annually to the City. The cost of
all inspections and maintenance, including skimming and cleaning of the Easement, shall be the
obligation of the Developer and its successors or assigns, as the fee owner of the Property.
2. City's Maintenance Rights. The City may maintain the Easement, as provided in
this paragraph, if the City reasonably believes that the Developer or its successors or assigns have
failed to maintain the Easement in accordance with applicable drainage laws, and such failure shall
continue for thirty (30) days after the City shall give the Developer written notice of such failure.
The City's notice shall specifically state which maintenance tasks are to be performed. If
Developer fails to complete the maintenance tasks within thirty (30)days after such notice is given
by the City, the City shall have the right to enter upon the Easement to perform suchmaintenance
tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the
Developer or its successors or assigns, who shall pay said costs within thirty (30) days of receipt
of said invoice. Notwithstanding the foregoing, in the event of an emergency, as determined by
the City Engineer, the thirty (30)-day notice requirement to the Developer for failure to perform
maintenance tasks shall be and hereby is waived in its entirety by the Developer, and the
Developer shall reimburse the City for any expense so incurred by the City in the same manner as
if written notice as described above had been given.
3. Hold Harmless. The Developer agrees to indemnify and hold harmless the City
and its agents and employees against any and all claims, demands, losses, damages, and expenses
(including reasonable attorneys' fees) arising out of or resulting from the Developer's or the
Developer's agents or employee's negligent or intentional acts, or any violation of any safety law,
regulation or code in the performance of this Agreement, without regard to any inspection or
review made or not made by the City, its agents or employees, or failure by the City, its agents or
employees to take any other prudent precautions. In the event the City, upon the failure of the
Developer to comply with any conditions of this Agreement, performs said conditions pursuant to
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Apr 07 2003 9: 32AM BONESTROO ROSENE ANDERLIK 6516361311 p. 7
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its authority in this Agreement, the Developer shall indemnify and hold harmlessi the City, its
employees, agents and representatives for its own negligent acts in the perfortxtance of the
Developer's required work under this Agreement, but this indemnification shall knot extend to
intentional or grossly negligent acts.
4. Costs of]Enforcement. The Developer agrees to reimburse the City for all costs
incurred by the City in the enforcement of this Agreement, or any portion thereof, including court
costs and reasonable attorneys' fees.
5. Notice. All notices required under this Agreement shall either $e personally
delivered or be sent by certified or registered mail addressed as follows:
To the Developer: WKT Properties, LLC
9201 International Parkway
New He, MN 55428
Attn: Q
To the City: City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
All notices given hereunder shall be deemed given when personally delivered or two (2)business
days after being placed in the mail properly addressed as provided herein.
6. Successors. All duties and obligations of Developer under this Agreement shall
also be duties and obligations of Developer's successors and assigns.
7. Effective Date. This Agreement shall be binding and effective as of the date
hereof.
WKT PROPERTIES, LLC, a Minnesota
limited liab' ' company
By:
Its: �rLis,D647'
3
Apr 07 2003 9: 32AM BONESTROO ROSENE ANDERLIK 6516361311 p. 8
•
CITY OF NEW HOPE, Minnesota
municipal co strati
By: ")A
W. Peter Enck
Its May
By: /�..�a
aniel J. Don. ue
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrume w s acknowledged before me this q day of °'.4
2002, by?;st_oc.ft �� �, -Lragrr.-►-r>s', of WKT Properties, LLC, a M' esota limited
liability company, on behalf of the limited liability company.
jotary÷..."ublic
(Notary Public Seal)KENNETH J KVAM
'4*-1 NOTARY PUBUO—MINNESOTA
LL MY COMMISSION EXPIRES 131-2007
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of i
2002, by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manager, respectively,of the
City of New Hope, a Minnesota municipal corporation, ehalf of said mu 'cipa!corporation.
Nota Public Seal) / yLiCzt(tQ.
SNotary Public
:77.;*;� VALERIE J.LEONE
• ._: .: NOTARY PUBLIC-MINNESOTAvt
My Commission Expires Jan.31,2005
Drafted By:
JENSEN & SONIDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424-8811 •
P:1Atto meyU LBIDocuments\CNH99-11274-002-Agreement.doc
4
1
4\jIQ pul®CIenes
Bonestroo,Rosene,Anderlik and Associates,Inc.Is an Affirmative Action/Equal Opportunity Employer
Engineers &Architects and Employee Owned
Principals:Otto Bonestroo,P.E.•Marvin L.Sorvala,P.E.•Glenn R.Cook,P.E.•
Robert G.Schunicht,P.E.•Jerry A.Bourdon,P.E.
Senior Consultants:Robert W.Rosene,P.E.•Joseph C.AnderIlk,P.E.•Richard E.Turner,P.E.•
Susan M.Eberlin,C.P.A.
Associate Principals:Howard A.Sanford,P.E..Keith A.Gordon,P.E.•Robert R.Pfefferle,P.E.•
Richard W.Foster,P.E.•David O.Loskota,P.E.•Robert C.Russek,A.I.A.•Mark A.Hanson,P.E.
Michael T.Rautmann,P.E.•Ted K.Field,P.E.•Kenneth P.Anderson,P.E.•Mark R.Rolfs,P.E.•
David A.Bonestroo,M.B.A..Sidney P.Williamson,P.E.,L.S.•Agnes M.Ring,M.B.A.,.
Allan Rick Schmidt,P.E.
Offices:St.Paul,Rochester,Willmar and St.Cloud,MN.Milwaukee,WI
MEMO
Website:www.bonestroo.com
M E M O
TO: Kirk McDonald
FROM: Vince Vander Top
? Cr O/03
CC: Mark Hanson
Guy Johnson
Doug Sandstad
Steve Sondrall
DATE: June 18, 2002
SUBJECT: 9201 International Parkway, Tioga Air Heaters
Our File No. 34-Gen E01-05
Bruce Wallace and I inspected the Tioga site improvements including the ponding on June 13th. All
work appeared to be complete and functioning as intended. The water quality ponds are functioning.
The seeding and plantings are growing and stabilizing the pond slopes. Rip rap has been placed as
required.
Doug Sandstad,Bruce Wallace and I revisited the site on June 14th. Specifically we reviewed the
proximity of the storage area concrete curb and gutter to the pond. The curb was placed close to the
pond with a steep slope from the back of the curb down to the pond. The location of the curb is in
ssikaccordance with the approved development plan and wetland delineation. Vegetation has been
planted on the slope and is growing. This will help stabilize the slope.
Because of the slope and the potential for the curb to settle towards the pond over time and because
of the potential for erosion on the slope,it is recommended that this condition be reviewed from time
to time as part of the overall pond maintenance agreement that will be on-going with the property. If
the curb and gutter settle and no longer function as intended in the future,it is recommended that the
curb be replaced/repaired as part of the maintenance agreement. It is further recommended that this
memo be brought to the attention of the property owner and attached to the previously submitted
maintenance agreement.
We recommend that the bond for the site improvements be released as the overall work is
completed. The silt fence is still in place. We agreed that the silt fence should probably remain in
place until this fall. This will allow time for the vegetation to fully establish. The property owner
will remove the silt fence at that time.
If you have questions regarding this matter,please contact me at 651-604-4790.
2335 West Highway 36 • St. Paul, MN 55113 • 651-636-4600 a Fax: 651-636-1311
�� COUNCIL
(jIY 04,
REQUEST FOR ACT ON
-k -{)44,/
sek Ho
Originating Department Approved for Agenda Agenda Section
Community Development 6-24-02 Consent
Item No.
By: Kirk McDonald By: j 6. 10
/
RESOLUTION AUTHORIZING RELEASE OF FINANCIAL GUARANTEE FOR TIOGA AIR HEATERS, 9201
INTERNATIONAL PARKWAY (PLANNING CASE 01-03)
REQUESTED ACTION
Staff recommends that the City Council approve a resolution releasing the financial guarantee for the Tioga Air
Heaters site improvements at 9201 International Parkway (Planning Case 01-03), subject to the conditions
listed in the resolution. A financial security was posted in the amount of $60,900 for a variety of site
improvements in conjunction with the project. All work has been completed and the enclosed resolution
releases the financial guarantee.
"ILICY/PAST PRACTICE
._ .} the policy and past practice of the City to require a financial guarantee for specific site improvements/
amenities to insure that improvements are completed and to release the financial guarantee when the
improvements have been completed.
BACKGROUND
On April 9, 2001, the City Council approved conditional use permits to allow open outdoor storage in excess of
20 percent of the gross floor area of the principal structure and for storage of a 1,000-gallon propane tank for
Tioga Air Heaters, Inc. at 9201 International Parkway. The City Engineer recommended that the company
provide a financial guarantee to secure the completion of site improvements. Tioga Air Heaters posted a Letter
of Credit in the amount of $60,900 for ponding/site grading, culvert/pond outlet/rip rap, curb and gutter,
pavement/aggregate and landscaping/restoration. In October 2001, the City Council approved the reduction of
the financial guarantee down to $27,600 due to the fact that a number of the improvements had been
completed.
The City Engineer recently inspected the site improvements and ponding and reported that all work appeared
to be complete and functioning as intended. The water quality ponds are functioning. The seeding and
plantings are growing and stabilizing the pond slopes. Rip rap has been placed as required.
(cont.)
MOTION BY ffirat:/../Li SECOND BY 72/9-2/-y
TO. oa -10.�
L----
Request for Action Page 2 6-24-02
The Building Official has expressed concern about the proximity of the storage area concrete curb and
utter to the pond. The City Engineer states that, "The curb was placed close to the pond with a steep slope
from the back of the curb down to the pond. The location of the curb is in accordance with the approved
development plan and wetland delineation. Vegetation has been planted on the slope and is growing. This
will help stabilize the slope."
The City Engineer has further stated that, "Because of the slope and the potential for the curb to settle
towards the pond over time and because of the potential for erosion on the slope, it is recommended that
this condition be reviewed from time to time as part of the overall pond maintenance agreement that will be
on-going with the property. If the curb and gutter settle and no longer function as intended in the future, it is
recommended that the curb be replaced/repaired as part of the maintenance agreement. It is further
recommended that this memo be brought to the attention of the property owner and attached to the
maintenance agreement."
The City Engineer recommends that the bond for the site improvements be released as the overall work is
completed. The silt fence is still in place and will remain in place until this fall. This will allow time for the
vegetation to fully establish. The property owner will remove the silt fence at that time.
Staff recommends approval of the attached resolution, which authorizes the release of the financial
guarantee, subject to the following conditions:
1. Pond maintenance agreement be completed and filed with City.
2. June 18, 2002, City Engineer memorandum stating that the potential for future curb settlement be
brought to the attention of the property owner and be attached to the pond maintenance agreement for
future reference.
ATTACHMENTS:
Resolution;
City Engineer Memo