18 1111011 RHIN 11 11101
Doc No T4942906
Certified, filed and/or recorded on
4/6/12 2:00 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 45 Pkg ID 791445C
Doc Name: Agreement
Certified Copy of any $10.00
document
Document Recording Fee $46.00
Document Total $56.00
Existing Certs New Certs
1322555
STATE OF' NNESOTA,COUNTY OF HENNEPIN Op
'' •,,�
Certified to be a true and correct copy of the •
_=��. •' 011.6pN,T�R+
original on file and of record in my office
APR 0 2017_.
MART MCCORMICK,ACTING - ,
tTY RECO'o. R/REGISTRAR OF TITLES � ^ ''`2
COU FA��COUP. ... `
B �,1 f `�1 Deputy
I't,
This cover sheet is now a permanent part of the recorded document.
AGREEMENT TO MAINTAIN EASEMENT
THIS AGREEMENT is made and entered into as of the -1 day of February,
2012,by and between Holiday Stationstores, Inc., a Minnesota corporation("Owner") and the
City of New Hope, a Minnesota municipal corporation("City").
WITNESSETH:
WHEREAS,the Owner owns certain real property located in the City of New Hope,
County of Hennepin,State of Minnesota, commonly known as 9456 Medicine Lake Road,
legally described on Exhibit A attached hereto (the"Property");and
WHEREAS,the Owner has granted to the City certain drainage easements over a
portion of the Property legally described on Exhibit B attached hereto (the"Easements"),said
Easements being set forth more fully in the certain easement document filed as Doc. No.
s ;.=r S with the Hennepin County Registrar of Titles;and
WHEREAS, the Property is suitable with the Bassett Creek Watershed, 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 set forth in the
above-referenced agreement; and;
WHEREAS, the City has given approval to the Easements subject to compliance by the
Owner 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:
Page 1
1. Maintenance of the Pond. The Owner and its successor or assigns as fee owner of the
Property shall be responsible for maintaining the Easements and observing all Drainage Laws
governing the operation and maintenance of the Easements. The Owner shall comply with the
following schedule in regard to the inspection of the Easements and outlet control structure.
The Owner's field engineer shall make all such scheduled inspections,keep record of all
inspections and maintenance activities, and submit such records semi-annually to the City in an
electronic format.The cost of all inspections and maintenance, including skimming and
cleaning of the Easements, shall be the obligation of the Owner and its successors or assigns as
the fee owner of the Property.
2. Schedule of Pond Maintenance.The Owner shall inspect the pond and outlet control
structure twice a year, spring and fall of each year. Additionally,the manager of the facility
shall notify the Owner if water or sediment builds up in the pond area in the interim between
official inspections and the Owner's engineer shall be notified.
3. City's Maintenance Rights.The City may maintain the Easements, as provided in this
paragraph, if the City reasonably believes that the Owner or its successors or assigns have failed
to maintain the Easements in accordance with applicable Drainage Laws,and such failure shall
continue for thirty (30) days after the City shall give the Owner written notice of such failure.
The City's notice shall specifically state which maintenance tasks are to be performed.If Owner
shall not 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 such maintenance
tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the
Owner 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 Owner for failure to perform
maintenance tasks shall be and hereby is waived in its entirety by the Owner, and the Owner
shall reimburse the City for any expense so incurred by the City in the same manner as if
written notice as described above has been given. City hereby represents to Owner, its
successors and assigns, that as of the date hereof, (i) the Easements and the outlet control
structure have been constructed, installed and maintained in the manner required by this
agreement, and (ii) City knows of no default, nor any facts, circumstances, acts or omissions
which,with the giving of notice or the passage of time would constitute a default by the Owner
or its predecessors in interest with respect to the Property under this Agreement or any other
agreements pertaining to the Easements or outlet control structure.
t j
4. Hold Harmless.The Owner 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 Owner's or the
Owner's agents or employees'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
— Page 2
1 1
review, made or not made by the City,its agents or employees or failure by the City, it agents or
employees to take any other prudent precautions.
5. Costs of Enforcement.The Owner agrees to reimburse the City for all reasonable costs
incurred by the City in the enforcement of this Agreement, or any portion thereof,including
court costs and reasonable attorneys' fees.
6. Notice. All notices required under this Agreement shall either be personally delivered
or be sent by certified or registered mail and addressed as follows:
To the Owner: Holiday Stationstores, Inc.
4567 American Boulevard West
Minneapolis, MN 55437
Attn: Real Estate
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.
7. Successors. All duties and obligations of Owner under this Agreement shall also be
duties and obligations of Owner's successors and assigns. This Agreement shall run with the
land. Owner shall only be liable for the obligations and liabilities accruing under this
Agreement during the period of Owner's ownership of the Property, and upon a transfer of fee
interest in the Property or any part, the transferring owner shall be released from all obligations
and liability under this Agreement accruing on and subsequent to the date of such transfer as to
such transferred property.
8. Effective Date. This Agreement shall be binding and effective as of the date hereof.
Page 3
Holiday Stationstores, Inc.
By: ����'�-- / i, j �
Name: Lynni1vl. Anderson
Its: Assistant Secretary
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ;-,1/5" day of
,2012,by Lynn M.Anderson,the Assistant Secretary of Holiday
Stationstores Inc., a Minnesota corporation,on behalf of the corporation.
LYNN M.LOGUE /
Notary Public-Ilisoneeota
My Commission ExpirasJmn 31,2015 Noiary Public
Page 4
CITY OF NEW HOPE, a Minnesota municipal
corporation
By:
^ 61/
Its Mayor
By:
Its City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ‘.211-3 day of
, 2012, by 71- (4-6.11.4_. 2-#2/vt-keand /4/6. M4 f.a_M
the Mayor and City Manager of the City of New Hope, a Minnesota municipal corporation, on
behalf of said municipal corporation.
Notary Public
VALERIE LEONE
NOTARY PUBLIC-MINNESOTA
Nty Co i .n •1 IV
Page 5
EXHIBIT A
TO AGREEMENT TO MAINTAIN EASEMENT
PROPERTY
(New Hope, MN)
The South 207 feet of the West 134 feet of Lot 5; the South 207 feet of the East 66 feet of
Lot 6;Block 7 Howland's Heights Hennepin Co. Minn., according to the recorded plat
thereof, Hennepin County, Minnesota
(Torrens property)
Page 6
EXHIBIT B
TO AGREEMENT TO MAINTAIN EASEMENT
EASEMENT AREA
(New Hope, MN)
That part of the South 207.00 feet of the West 134.00 feet of Lot 5 and the South 207.00 feet of the
East 66.00 feet of Lot 6,Block 7,Howland's Heights Addition according to the plat on file and of
record in the Office of the County Recorder, Hennepin County, Minnesota described as follows:
Commencing at the Southwest corner of said South 207.00 feet of the East 66.00 feet of Lot 6,
Block 7,Howland's Heights Addition; thence North 00 degrees 21 minutes 46 seconds East
• assumed bearing along the West line of the South 207.00 feet of the East 66.00 feet of Lot 6,Block
7, Howland's Heights Addition a distance of 7.00 feet to a found cast iron monument and the
point of beginning;thence North 89 degrees 57 minutes 11 seconds East a distance of 9.00 feet;
thence North 00 degrees 21 minutes 46 seconds East and parallel to said West line of the South
207.00 feet of the East 66.00 feet of Lot 6,Block 7,Howland's Heights Addition a distance of
20.34 feet;thence North 37 degrees 03 minutes 40 seconds East a distance of 23.33 feet; thence
North 22 degrees 09 minutes 52 seconds West a distance of 59.87 feet to said West line of the
South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition;thence
South 00 degrees 21 minutes 46 seconds West along said West line of South 207.00 feet of the
East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition a distance of 94.42 feet to the point
of beginning and there terminating.
(Torrens property)
Page 7
EXHIBIT C
TO AGREEMENT TO MAINTAIN EASEMENT
DEPICTION OF EASEMENT AREA
(New Hope,MN)
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Page 8
COUNCIL
I
REQUEST FOR ACTION
spipo elip \
Originating Department Approved for Agenda Agenda Section
Community Development 8-11-03 Development &
Planning
Item No.
By: Kirk McDonald By:( 8. 1
PLANNING CASE 03-10, REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW A MOTOR FUEL
FACILITY, A CONVENIENCE STORE WITH GASOLINE AND CAR WASH, AND SITE/BUILDING PLAN
REVIEW, 9456 MEDICINE LAKE ROAD, SINCLAIR OIL CORPORATION, PETITIONER
REQUESTED ACTION
The petitioner is requesting a conditional use permit to allow a motor fuel facility, a convenience store with
gasoline and car wash, and site/building plan review, pursuant to Sections 4-16(e)(4)h, 4-16(e)(5) and (7),
4-33 and 4-35 of the New Hope Code of Ordinances. The Planning Commission considered this request at its
August 6 meeting and recommended approval, subject to the following conditions:
Execute development agreement with city and provide appropriate bond for security (amount to be
determined by building official and city engineer).
2. Comply with city engineer recommendations, including a drainage and utility easement over the rainwater
garden and a execute a maintenance agreement with the city.
3. Comply with building official recommendations.
4. Comply with recommendations from West Metro Fire-Rescue District.
5. Comply with recommendations contained in planner's report including:
A. Before a building permit is issued, the applicant must either provide proof that a seven-foot road
easement exists along the south line of the property or that easement must be created.
B. The applicant must provide the city with documentation regarding whether any site contamination
exists due to current or previous uses.
C. Accesses onto County Highway 70 (Medicine Lake Road) are subject to Hennepin County review and
approval. Curb cuts exceeding 26 feet in width require city engineer and city manager review and
approval.
D. The applicant must provide information about car wash water consumption.
E. Three additional Norway maple trees should be provided so that Norway maple trees are planted along
the entire east property line.
F. The proposed cedar fence must be designed to provide complete visual screening to a minimum height
of six feet. The fence must extend at least 25 feet further south than is shown on the site plan to
screen bollard lights.
MOTION BY (6/J/, j SECOND BY Aleyn/r2/A j
'0: add AEA 43 --/ O.
I:rfa\planning\Q&R-pc03-03 woodbridge
•
Doc No T4929431
Certified, filed and/or recorded on
2/21/12 2:05 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Acting Registrar of Titles
Mark V. Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 776584C
Doc Name: Easement
Certified Copy of any $10.00
document
Document Recording Fee $46.00
Document Total $56.00
Existing Certs New Certs
1322555
,I I
'`
AMR Op STATE OF t 'JNESOTA,COUNTY OF HENNEPIN
...
...0•...�/ Certified to be a true and correct copy of the
mut
•'+ �NO original on file and of record in my office
_
` x+11' - FEB 21 2012
7,41
.....:....
elfDePutY
This cover sheet is now a permanent part of the recorded document.
c
Holiday Stationstore#0411
9456 Medicine Lake Road
New Hope, Minnesota
DRAINAGE AND PONDING EASEMENT AGREEMENT
(New Hope, MN)
THIS DRAINAGE AND PONDING EASEMENT AGREEMENT (this
"Agreement") is made and entered into as of , 2012 by and
between HOLIDAY STATIONSTORES, INC., a Minnesota corporation ("Holiday") and
the CITY OF NEW HOPE, a Minnesota municipal corporation ("City").
RECITALS
A. Holiday owns certain real property located at 9456 Medicine Lake Road,
New Hope, Minnesota, legally described on Exhibit A attached hereto (the "Property").
B. On August 11, 2003, City adopted Resolution No. 2003-120, which,
among other things, required the owner of the Property to grant a drainage easement to
City, and Holiday is willing to grant such easement on the terms and conditions of this
Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Grant. Holiday hereby grants City, and City hereby accepts, upon and
subject to the terms and conditions hereinafter set forth, a non-exclusive easement (the
"Easement") for drainage and ponding purposes over and across that portion of the
Property legally described on Exhibit B attached hereto and shown on Exhibit C
attached hereto (the "Easement Area"). City may use the Easement for reasonable
natural surface drainage and ponding, and for no other purpose. Without limiting the
generality of the foregoing, no building, structure, fence or other improvement, whether
temporary or permanent, may be constructed, placed or maintained in the Easement
Area by City.
•
2. Reservations. Nothing in the Agreement shall prevent, and there is
hereby reserved to Holiday, the right to drain natural surface water into the Easement
Area to the extent such drainage originates on the Property, and to regulate the outflow
from the Easement Area. Except for the rights expressly granted to City in Section 1
above, all rights in and to the Easement Area are hereby reserved to Holiday and,
without limiting the generality of the foregoing, Holiday may use the Easement Area for
all uses and purposes not inconsistent with the rights expressly granted to City.
Notwithstanding any provisions of this Agreement to the contrary, the public shall have
no rights under this Agreement, including, without limitation, rights to enforce this
Agreement or to enter upon or use the Easement Area.
3. Notices. Any notice to be given by a party to this Agreement shall be
personally delivered, sent by registered or certified mail, or sent by a nationally
recognized overnight courier that issues a receipt to the address set forth for the other
parties in this Section (or to such other address as may be designated by notice to the
other parties), and shall be deemed given upon the earlier of personal delivery, the date
postmarked, delivery to such courier or the refusal to accept such service:
If to Holiday: Holiday Stationstores, Inc.
4567 American Boulevard West
Minneapolis, Minnesota 55437
Attention: Real Estate Department
with a copy to: Holiday Stationstores, Inc.
4567 American Boulevard West
Minneapolis, Minnesota 55437
Attention: Legal Department
If to City: City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Attention: City Manager
4. Amendment. This Agreement may be modified or amended only by
written instrument executed by Holiday and City.
5. Running of Benefits and Burdens. All provisions of this Agreement,
including the benefits and burdens, run with the land and are binding upon and shall
inure to the benefit of Holiday and City and their respective successors and assigns.
Nothing in this Agreement may be construed to limit Holiday's rights to transfer the
Property, it being the intent that Holiday may transfer the Property as, when and to
whom, it determines in its sole discretion. Upon any such transfer, the transferring party
shall be automatically released from obligations under this Agreement arising on and
after the date of such transfer.
2
6. Construction. The rule of strict construction does not apply to this
Agreement. This Agreement shall be given a reasonable construction so that the
intention of the parties to convey a commercially usable right of enjoyment to each
respective dominant party is carried out.
7. Severability. If any term of this Agreement or any application thereof
shall be invalid or unenforceable, the remainder of this Agreement and any other
application of such term shall not be affected thereby.
8. Counterparts. This Agreement may be executed in multiple counterparts,
all of which shall be originals and all of which together shall constitute one and the same
instrument.
[Signature pages follow]
fb.us.4732397.03
3
IN AGREEMENT, the parties have executed this Drainage and Ponding Easement
Agreement as of the day and year first above written.
CITY OF NEW HOPE, MINNESOTA
By'
L/. 1.
Name ,;: 71-71 E ���pr7,��,-�
Its LI r
By- � ,��;� : � :_< :\�`.
Name Kra'_ IY?d oaf et
Its i 77i/146_11/41,14-
STATE
t 16-/"iff^rSTATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Drainage and Ponding Easement Agreement was acknowledged
before me this 2 day of ,t,1.:;, , 2012, by ky,k/7,4 e,/'/n/," and
!/i��%'r;;, !—i�,,;;?/�:( , respectively the 1, ,% : ��:� and
`,;� : �:'„�,�? of the City of New Hope, Minnesota, a Minnesota municipal
corporation, on-•'behalf of the corporation.
•
NOTARY PUBLIC•MINNESOTA �) Notary Public
„•,,:;:. My Commission Expires Jan.31.2015
HOLIDAY STATIONSTORES, INC.
By _ — ,- i,, _ .-
Name: Lynn M. Anderson
Its: Assistant Secretary
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing Drainage and Ponding Easement Agreement was acknowledged
before me this -' • day of c ; , 2012, by Lynn M. Anderson, the Assistant
Secretary of Holiday Stationstores, Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
I,
DfhAN EPROKO�P
s
- . Notary ry Pubs€c-Ert(r rresota
,kyr? °t} My C:smn;issfan ET.-fires Jen al,2015
THIS INSTRUMENT DRAFTED BY:
Faegre & Benson LLP (RHP)
2200 Wells Fargo Center
90 So. 7th Street
Minneapolis, MN 55402
EXHIBIT A
TO DRAINAGE EASEMENT
PROPERTY
(New Hope, MN)
The South 207 feet of the West 134 feet of Lot 5; the South 207 feet of the East 66 feet
of Lot 6; Block 7 Howland's Heights Hennepin Co. Minn., according to the recorded plat
thereof, Hennepin County, Minnesota
(Torrens property)
A-1
EXHIBIT B
TO DRAINAGE EASEMENT
EASEMENT AREA
(New Hope, MN)
That part of the South 207.00 feet of the West 134.00 feet of Lot 5 and the South
207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition
according to the plat on file and of record in the Office of the County Recorder,
Hennepin County, Minnesota described as follows:
Commencing at the Southwest corner of said South 207.00 feet of the East 66.00 feet
of Lot 6, Block 7, Howland's Heights Addition; thence North 00 degrees 21 minutes 46
seconds East assumed bearing along the West line of the South 207.00 feet of the East
66.00 feet of Lot 6, Block 7, Howland's Heights Addition a distance of 7.00 feet to a
found cast iron monument and the point of beginning; thence North 89 degrees 57
minutes 11 seconds East a distance of 9.00 feet; thence North 00 degrees 21 minutes
46 seconds East and parallel to said West line of the South 207.00 feet of the East
66.00 feet of Lot 6, Block 7, Howland's Heights Addition a distance of 20.34 feet; thence
North 37 degrees 03 minutes 40 seconds East a distance of 23.33 feet; thence North 22
degrees 09 minutes 52 seconds West a distance of 59.87 feet to said West line of the
South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition;
thence South 00 degrees 21 minutes 46 seconds West along said West line of South
207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition a
distance of 94.42 feet to the point of beginning and there terminating.
(Torrens property)
B-1
EXHIBIT C
TO DRAINAGE EASEMENT
DEPICTION OF EASEMENT AREA
(New Hope, MN)
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Holiday Companies
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.,: I OFFICE MAIL ADDRESS-P.O.BOX I 216 XE :yI 0' S.M':-,J.1:; I -=[u I v., '-, , ;'I
Direct Dial: 952-830-8767 Fax: 952-830-1681 Email:dave.edquist(a�holidaycompanies.com
April 11, 2012
Mr. Curtis Jacobson
Director of Community Development
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428-4898
RE: Agreement to Maintain Easement / Holiday Stationstore #411 / New Hope
Dear Mr. Jacobson:
Enclosed you will find a fully-executed and certified copy of the recorded "Agreement to
Maintain Easement" between Holiday Stationstores and the City of New Hope. I
appreciate your assistance and patience in getting this document completed and
recorded. I know that this issue has been on your desk dating back to the Sinclair
ownership.
Holiday enjoys being part of the City of New Hope and we look forward to continued
cooperation with the City in the years to come.
Sincerely,
HOLIDAY STATIONSTORES, INC.
. . c-2. -- OO
David A. Edquist
Manager of Real Estate Department
Enclosures
DAE/nah