HomeMy WebLinkAboutResolution 8454 RESOLUTION 8454
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE EXECUTION AND RECORDING OF A LIMITED
USE AGREEMENT AND ASSIGNMENT OF A LIMITED USE AGREEMENT TO ALLOW
FOR THE CONTINUATION OF AN IN-GROUND SWIMMING POOL IN A DRAINAGE
AND UTILITY EASEMENT AT 8160 RED OAK COURT
WHEREAS, Gary and Margaret Krig are the property owners of 8160 Red Oak
Court; and,
WHEREAS, the City authorized an Easement Use Agreement in 1989, allowing the
construction of an in-ground swimming pool to be partially located in a drainage and utility
easement on 8160 Red Oak Court with the property owners agreement to hold the City
harmless for any damage that could occur to the pool due to stormwater; and,
WHEREAS, the in-ground swimming pool located in the drainage and utility
easement has been in that location for 25 years with no problems; and,
WHEREAS, Gary and Margaret Krig are now selling the property and a new
Assignment of Limited Use Agreement and Limited Use Agreement must be executed
between the City and the new property owners and recorded with Ramsey County; and,
WHEREAS, an Assignment of Limited Use Agreement and a Limited Use
Agreement(attached as Exhibits 1 and 2) have been prepared to allow the continued use of
an in-ground swimming pool in a drainage and utility easement at 8160 Red Oak Court.
NOW THEREFORE BE IT RESOLVED, the Mounds View City Council does hereby
approve an Assignment of Limited Use Agreement and a Limited Use Agreement to permit
the continuation of an in-ground swimming pool on a drainage and utility easement at 8160
Red Oak Court and authorize its execution and recordation.
Adopted this 14th day of September, 2015.
oe Flaherty, ' - •
ATTEST: Ye-tA-/#)r0-( _
James Ericson, City Administrator
(SEAL)
x ) 4 ,8,7- I
ASSIGNMENT OF LIMITED USE AGREEMENT
THIS ASSIGNMENT OF LIMITED USE AGREEMENT("Assignment") is entered into
this day of , 2015, by and between Margaret Krig and Gary Krig ("Assignors")
and Jeremy J. Haugen and Laurie J. Haugen, ("Assignees").
WHEREAS, Assignors entered into a limited-use agreement ("Agreement") with the City
of Mounds View ("City") on , 2015 and recorded in the office of the
Recorder/Registrar of Titles on , 2015 as Document# ; and
WHEREAS, the City granted Assignors a limited right to maintain an in-ground
swimming pool and related infrastructure within a utility and drainage easement held by the City;
and
WHEREAS, that Agreement allowed Assignors to assign their rights under the
Agreement only with written approval from City; and
WHEREAS, Assignors now desire to sell their property, including this Assignment to
Assignees; and
WHEREAS, the City approves this Assignment on the basis that Assignee accepts and
acknowledges that it is bound by all terms and conditions contained in the original Agreement.
NOW, THEREFORE, on the basis of the foregoing and upon the mutual undertakings
and promises herein contained,the parties hereto stipulate and agree as follows:
1. Assignment. Assignors agree to assign all rights contained in the prior
Agreement to the Assignee upon closing on the sale of the property legally described in Exhibit
A attached hereto.
467548v2 AMB MU210-5
2. Acceptance of Terms. Assignee hereby agrees to accept all terms and conditions
contained in the original Agreement, including the termination procedures, indemnity provisions,
and release of claims.
3. City Approval. Assignors and Assignee acknowledge that the City has agreed
to approve this Assignment solely on the basis that Assignee has acknowledged that he/she takes
the Assignment subject to all provisions included in the Agreement.
4. Notice. Upon execution of this Assignment, any notice required to be given
under the Agreement shall be deemed "given" upon hand delivery or three (3) days after prepaid
posting in the U.S. Mail, whichever will first occur. Notices shall be delivered or mailed to the
parties and addresses listed below, unless either party designates another address and provides
that designation in writing.
a. If to the Assignee:
8160 Red Oak Court
Mounds View, MN 55112
b. If to the City:
City of Mounds View
2401 County Road 10
Mounds View, MN, 55112
ATTN: City Administrator
5. Recording. Upon execution of this Assignment, Assignee shall record this
Assignment in the office of the Ramsey County Recorder/Registrar of Titles.
[Signature Pages Follow]
467548v2 AMB MU210-5
IN TESTIMONY WHEREOF,the parties hereto have set their hands as of the day and year
first above written.
ASSIGNORS
Margaret Krig
•
Gary Krig
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
2015,by Margaret Krig and Gary Krig, assignors.
Notary Public
467548/2 AMB MU210-5
IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the day and year
first above written.
ASSIGNEES
Jeremy J. Haugen
Laurie J. Haugen
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
2015,by Jeremy J. Haugen and Laurie J. Haugen,Assignees.
Notary Public
467548v2 AMB M11210-5
IN TESTIMONY WHEREOF,the parties hereto have set their hands as of the day and year
first above written.
CITY OF MOUNDS VIEW
By:
Its: Mayor
By:
Its: City Administrator
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
2015,by Joe Flaherty and James Ericson,the Mayor and City Administrator,respectively,on behalf
of the City of Mounds View, a Minnesota municipal corporation.
Notary Public
THIS DOCUMENT DRAFTED BY:
Kennedy& Graven,Chartered(SJR)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis,MN 55402
467548v2 AMB MU210-5
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 8, Block 1, Red Oak Park, Ramsey County, Minnesota
467548v2 AMB MU210-5
EXi4ig►T 2
LIMITED USE AGREEMENT
THIS LIMITED USE AGREEMENT ("Agreement") made and entered into as of this
day of , 2015, by and between Margaret Krig and Gary Krig, owners of the
property located at 8160 Red Oak Court, Mounds View, MN 55112, PID 06.30.23.13.0065
(hereinafter referred to as "Grantees") and the City of Mounds View, a Minnesota municipal
corporation(hereinafter referred to as "Grantor").
WITNESSETH:
A. The Grantees are the fee owners of the property described in the attached Exhibit A
(the"Property").
B. The parties entered into a previous written agreement allowing the Grantees to
construct an in-ground swimming pool partially within a public drainage and utility
easement(the"Easement Area")affecting the Property.
C. The Grantees require a limited use license to continue to use a portion of the existing
Easement Area.
D. The parties wish to supersede and replace the existing agreement with this
Agreement.
E. The portion of the Easement Area that the Grantees wish to continue using for the
maintenance of the swimming pool is depicted in the attached Exhibit B (the
"Subject Property").
THEREFORE, on the basis of the foregoing and upon the mutual undertakings and
promises herein contained,the parties hereto stipulate and agree as follows:
1. Use of the Subject Property. Grantor warrants that it owns and has the right to grant a
limited-use interest affecting the Subject Property. In consideration of the covenants and
1
467428v3 SJR MU210-5
agreements herein to be performed by Grantees and other good and valuable
consideration, and subject to the limitations contained herein, the Grantor does hereby
allow Grantees to continue using the Subject Property for maintaining an in-ground
swimming pool and related infrastructure within the Easement Area.
2. Term and Extensions. The term of this Agreement commences on the date that this
Agreement is executed by the parties and will remain valid until December 31, 2030, or
such earlier date as provided for in this Agreement. At that time, this Agreement will
continue on a month-to-month basis until terminated by one or both parties. The parties
may amend this Agreement to extend the termination date at any time in the future, but
no amendment shall be valid until executed by both parties and recorded against the
property.
3. Termination During Term. This Agreement may be terminated prior to the expiration of
the term set forth herein, as follows:
a Any party may terminate this Agreement during its term by giving at least
ninety(90) days advance written notice to the other party.
b. Termination will be effective on the date specified in the notice, and if no date
is specified,ninety(90)days following the mailing of notice.
4. Termination After Term. This Agreement will continue on a month-to-month basis
following the term specified herein. During that time, one or both parties may terminate
this Agreement by notifying the other, in writing, of the termination. Termination shall
be effective thirty (30) days following the mailing of notice, unless the notice provides a
specified date that is more than thirty(30) days after the date of mailing of the notice.
5. Termination Upon Removal. This Agreement shall be automatically terminated if the
swimming pool is permanently removed from the Subject Property.
6. Restriction on Improvements. The Grantees agree that the current in-ground swimming
pool improvement located within the Subject Property constitutes all improvements,both
as to size and location, authorized by this Agreement. Specifically, Grantees agree not to
construct or cause to be constructed any additional improvement that would prohibit the
free flow of water within the Subject Property, and that Grantees further agree that no
structure, other than a fence that allows for the free flow of water, will be constructed
within the Easement Area.
7. Flood Acknowledgment. Grantees have been put on notice that the Subject Property is
part of the Easement Area which creates a substantial likelihood that flooding may occur
in or around this area. Such flooding or related activity carries a significant risk of
causing irreparable damage to any improvements constructed and maintained in the
2
467428v3 SIR MU210-5
Easement Area. Grantees acknowledge and agree that maintaining any improvements
within the Easement Area are at Grantees' sole risk and expense, and the Grantor shall in
no circumstance be held liable for damages caused directly or indirectly from the
flooding of the Subject Property or the Easement Area.
8. Liability; Indemnification. Notwithstanding anything to the contrary in this Agreement,
the Grantor, its officers, agents, and employees shall not be liable or responsible in any
manner to the Grantees, Grantees' successors or assigns, or to any other person or
persons for any claim, demand, damage, or cause of action of any kind or character
arising out of or by reason of the execution of this Agreement or the performance of this
Agreement, nor will Grantees make any claim against the Grantor for or on account of
any injury, loss or damage resulting from Grantees' Property or use thereof.
Grantees shall indemnify, hold harmless and defend the Grantor, its officials, employees,
contractors and agents from and against any and all liability, loss, costs, damages,expenses,
claims, actions or judgments, including reasonable attorneys' fees which Grantor, its
officers, employees, agents or contractors may hereinafter sustain, incur, or be required to
pay, arising out of or by reason of any act or failure to act by Grantees, its officers,
employees, agents or contractors or arising out of or by reason of this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466,
or otherwise.
9. Assignment. The rights granted to Grantees hereunder may not be transferred or assigned
without the prior written consent of the Grantor. In the event of the sale of the property to
another bona fide buyer,such consent shall not be unreasonably withheld.
10. No Damages; No Relocation Benefits. Grantees understand and acknowledge that
Grantor is willing to enter into this Agreement and carry out its obligations hereunder
only because Grantees have agreed that they will make no claim for damages upon
termination of this Agreement or pursuant to any other agreement with the Grantor.
11.No Property Interest. This instrument is not an easement or a lease, creates no landlord-
tenant relationship, and nothing in this Agreement will be deemed to create any property
interest other than as expressed in this Agreement.
12.Notice. Any notice which is required under this Agreement will be deemed "given" upon
hand delivery or three (3) days after prepaid posting in the U. S. Mail, whichever will
first occur. Notices shall be delivered or mailed to, or to such other address as a party
may designate by notice to the other party:
3
467428v3 SJR MU210-5
a. If to the Grantees:
Margaret and Gary Krig
8160 Red Oak Court
Mounds View, MN 55112
b. If to the Grantor:
City of Mounds View
2401 County Road 10
Mounds View, MN, 55112
ATTN: City Administrator
13. Waiver. The waiver by Grantor or Grantees of any breach of any term of this Agreement
shall not be deemed a waiver of any prior or subsequent breach of the same term or any
other term of this Agreement.
14. Entire Agreement. This Agreement, together with any exhibits hereto, which are
incorporated by reference, constitutes the complete and exclusive statement of all mutual
understandings between the parties with respect to this Agreement, superseding all prior
or contemporaneous proposals, communications, and understandings, whether oral or
written, concerning this Agreement. This Agreement may be modified or amended only
by court order or by a writing executed by all the parties hereto under the provisions of
this Agreement.
15. Headings. Any headings appearing at the beginning of the several sections contained in
this Agreement have been inserted for identification and reference purposes only and
shall not be used in the construction and interpretation of this Agreement.
16. Severability. If any part of this Agreement shall be held invalid, it shall not affect the
validity of the remaining parts of this Agreement, provided that such invalidity does not
materially prejudice either party under the remaining parts of this Agreement and this
Agreement shall be construed as if the unlawful or unenforceable provision or application
had never been contained herein or prescribed hereby.
17. Choice of Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota. Any disputes, controversies, or
claims arising out of this Agreement shall be heard in the state or federal courts of
Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of
these courts,whether based on convenience or otherwise.
4
467428v3 SJR MU210-5
18. Public Data. This Agreement and the information related to it are subject to the
Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, which
presumes that data collected and maintained by City is public data unless classified
otherwise by law.
19. Relationship of Parties. Nothing contained in this Agreement shall be deemed to create a
partnership or association between the Grantor and Grantees, or to create any other
relationship between the parties other than that of Grantor and Grantees.
20. Compliance with Laws. Grantees agree to abide by and conform to all laws, rules, and
regulations, including future amendments, controlling or affecting the use or occupancy
of the Property.
21. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
(The remainder of this page was intentionally left blank)
5
467428v3 SIR MU2I0-5
IN TESTIMONY WHEREOF,the parties hereto have set their hands as of the day and year
first above written.
GRANTEES
MARGARET KRIG AND GARY KRIG
Margaret Krig
Gary Krig
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of ,
2015,by Margaret Krig and Gary Krig.
Notary Public
6
467428v3 SJR MU210-5
GRANTOR
CITY OF MOUNDS VIEW
By:
Its: Mayor
By:
Its: City Administrator
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
2015,by Joe Flaherty and James Ericson,the Mayor and City Administrator,respectively,on behalf
of the City of Mounds View,a Minnesota municipal corporation.
Notary Public
THIS DOCUMENT DRAFTED BY:
Kennedy& Graven, Chartered(SJR)
470 U.S.Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
7
467428v3 SJR MU210-5
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Lot 8, Block 1, Red Oak Park, Ramsey County, Minnesota
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467428v3 SJR MU210-5
EXHIBIT B
DEPICTION OF SUBJECT PROPERTY
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