HomeMy Public PortalAbout1992-026EXHIBIT B
CITY OF MEDINA ORDINANCE NO. -?E/ /
AN ORDINANCE AMENDING
THE MEDINA ZONING MAP
THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS:
Section 1: The Medina zoning map is hereby amended to change the following
described property from RR (rural residential) to PUD-I (planned unit development
industrial) :
Tract A, Registered Land Survey No. 1210, Files of Registrar of Titles,
County of Hennepin, except that part thereof lying East of the
following -described line and its Northerly extension: Commencing at the
most Southerly corner of Tract B, said registered land survey; thence
Northwesterly along the Easterly line of said Tract A a distance of
224.88 feet to an angle point in said Easterly line thence Northeasterly
along said Easterly line a distance of 13 feet to the point of beginning
of the line being described thence deflecting left 64 degrees 20' to the
North line of said Tract A and there ending.
and
That part of Tract A, Registered Land Survey No. 1210, Files of
Registrar of Titles, County of Hennepin, lying East of the following
described line and its Northerly extension: Commencing at the most
Southerly corner of Tract B , said registered land survey; thence
Northwesterly along the Easterly line of said Tract A a distance of
224.88 feet to an angle point in said Easterly line; thence Northeasterly
along said Easterly line a distance of 13 feet to the point of beginning
of the line being described; thence deflecting left 64 degrees 20' to the
North line of said Tract A, and there ending.
Section 2. This ordinance shall become effective upon its adoption and
publication.
Adopted by the City Council of the City ofedina t `T� day of
1992.
ATTEST:
,/. _•
(( / / r 11-(. -
Lottra Monroe, Acting Clerk -Treasurer
Published in the Crow River News this day of , 1992.
RIF
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EXHIBIT C
PLANNED UNIT DEVELOPMENT AGREEMENT
THIS AGREEMENT, Made and entered into this day of
1992, by and between the City of Medina, a Minnesota municipal corporation (City) ;
and Dale Harold Johnson and Deborah Clark Johnson, husband and wife (D.
Johnson) , and Harold L. Johnson and Dorothy L. Johnson, husband and wife (H.L.
Johnson) , (collectively, Owners) .
WITNESSETH:
WHEREAS, D. Johnson is the fee owner of certain property located in
Hennepin County, Minnesota and legally described on Exhibit A attached hereto
(West Lot) ; and
WHEREAS, H.L. Johnson is the fee owner of certain property located in
Hennepin County, Minnesota and legally described on Exhibit B attached hereto
(East Lot) ; and
WHEREAS, the Owners intend to use and develop the West Lot and East Lot
(collectively, the Property) in a coordinated manner; and
WHEREAS, the Owners have made application to the City for rezoning the
Property to Planned Unit Development -Industrial and have requested approval of
and a development plan in connection therewith; and
WHEREAS, on December 18, 1990, the City granted preliminary approval of the
rezoning and authorized preparation of this planned unit development agreement
(Agreement); and
WHEREAS, the City has granted such approval on the condition that the
Owners enter into this Agreement in conformance with Section 827.25 et seq . of the
City's code of ordinances.
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NOW, THEREFORE, in consideration of the mutual promises and conditions
hereinafter contained, it is hereby agreed as follows:
1. Property. Owner D. Johnson warrants that he and his wife have fee title to
the West Lot and Owner H . L . Johnson warrants that he and his wife have fee
title to the East Lot. The Owners warrant that the West Lot and the East Lot
are subject to no encumbrances except those listed in Exhibit C attached
hereto.
2. Development Plan. The Owners agree to develop the Property in strict
conformance with the site plan (Site Plan) prepared by DeMars-Gabriel Land
Surveyors, Inc. which has previously been submitted to and reviewed by the
City and is attached hereto as Exhibit D. The Owners further agree to use
and develop the Property in compliance with the following terms and
conditions:
a) Outside storage is limited to 20 percent of the floor area of the existing
and new buildings;
b) There must be a minimum of 28 paved parking stalls with at least one
signed for handicapped use at each building;
c) A11 dirt must be stored in the areas shown on the site plan, which may
not be closer to the west lot line than 30 feet. The Owners must submit
a drawing, satisfactory to the city engineer, showing the elevation of
the base and top of the dirt piles. The dirt piles may not exceed a slope
of 3:1. The Owners must construct a swale in the location shown on the
site plan;
d) The Owners must submit to the city engineer a cross section of the berm
and information on the location of the holding pond in relation to the
road;
e) Slopes on the equipment parking area may not exceed 3:1;
f) The Owners may retain and utilize in their businesses only those
structures shown on the Site Plan attached as Exhibit D;
g) Any equipment on the Property must be business related and must be
used within a one-year period or removed;
h) The hours of operation are seven days per week, 24 hours per day.
Noise is limited to Minnesota pollution control agency decibel levels;
i) There may be no more than 30 employees on the Property;
j)
Exterior lighting must be designed and installed so that the globe is
recessed and enclosed on all sides except the bottom and no light is cast
directly on any other property;
k) The only outside telephone bell permitted on the Property is the one
located on the house on the West Lot;
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1) Disposal and storage of any hazardous waste must comply with
Minnesota pollution control agency requirements;
m) Exterior building materials must meet city code requirements;
n) Any signs used on the Property must meet city code requirements;
o) Exterior trash containers must be screened with landscaping or an
opaque fence constructed of suitable materials;
There may not be any living or sleeping quarters in any building except
the existing house; and
q) The roof of the 2 1/2 car garage presently located on the Property must
be incorporated into a building for the personal use of D. Johnson or
it must be removed from the Property no later than July 1, 1993.
3. Compliance. At any time and from time -to -time the Owners may request that
the City provide the Owners a certificate certifying that the terms and
conditions of this Agreement have been complied with and that this Agreement
is in full force and effect with respect to the Property or any portion thereof
for the purpose of facilitating sale, mortgage, insurance, or other matters.
To the extent that there be any defaults under this Agreement, the Owners
shall be afforded a reasonable time to bring the Property into conformance,
and thereafter the City shall be obligated to provide such certificate.
4. Binding Effect. The terms and conditions of this Agreement shall be binding
upon and inure to the benefit of the heirs, representatives, successors and
assigns of the parties hereto. This Agreement, at the option of the City, may
be placed of record so as to give notice hereof to subsequent purchasers and
encumbrancers of all or any part of the Property.
5. Notices. Whenever in this Agreement it shall be required or permitted that
notice or demand be given or served by either party to this Agreement to or
on the other party, such notice or demand shall be delivered personally or
mailed by United States certified mail (return receipt requested) to the
addresses set forth below, or such other address as a party may inform other
parties in writing. Such notice or demand shall be deemed timely given when
delivered personally or when deposited in the mail in accordance with the
above.
TO THE CITY:
City of Medina
Clerk -Treasurer
2052 Co. Rd. 24
Hamel, MN 55340
TO THE OWNERS: Dale and Deborah Johnson
2392 Pioneer Trail
Hamel, MN 55340
Harold and Dorothy Johnson
212 Peninsula Road
Medicine Lake, MN 55441
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6. Incorporated by Reference: All plans, specifications and contracts for the
improvements constructed pursuant to this Agreement shall be and hereby are
made a part of this Agreement by reference as though set out herein in full.
7. Hold Harmless and Indemnification. It is understood and agreed that the
City, the city council, and the agents and employees of the City shall not be
liable or responsible in any manner to the Owners or their contractors,
subcontractors, materialmen, laborers, or any other person, firm or
corporation, for any debt, claim, demand, damage, action, or cause of action
of any kind or character, arising out of or by reason of the execution of this
Agreement or the performance and completion of the improvements required
pursuant to this Agreement and the Owners do hereby indemnify and hold
harmless the City, the city council, and the agents and employees of the City
from and against all such claims, damages, losses or expenses.
8. Remedy for Default. Default by the Owners of any of the terms of this
Agreement shall automatically result in the suspension or withholding of all
permits, licenses, occupancy certificates or other authorizations issued by the
City in connection with the Property. The remedies afforded to the City
under this section shall be in addition to any other remedies to which the City
may be entitled by law equity or other agreement. Default by the City shall
entitle the Owners to seek injunctive or mandatory relief through the courts,
together with other relief as the law may provide.
Notwithstanding the above, the City agrees to enforce violations of this
Agreement or other city ordinances occurring solely on the West Lot only
against the West Lot and the Owners of the West Lot. The City agrees to
enforce violations of this Agreement or other city ordinances occurring solely
on the East Lot only against the East Lot and the Owners of the East Lot.
9. Controlling Agreement. To the extent that there is any difference or
ambiguity between this Agreement and other agreements between the City and
the Owners, this Planned Unit Development Agreement shall control.
IN WITNESS WHEREOF, the City and Owners have caused this Agreement to
be duly executed on the day and year first above written.
CITY OF MEDINA
By
By
Gary M. Acromite, Mayor
Donna Roehl, Clerk-Trea r:r
OWNEICS
By .�►r . �.i.
By
De orah Clark Johnson
arbl. Johnson
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By
By
STATE OF MINNESOTA )
) ss
COUNTY OF )
Harold L. Jolgison
Dorothy L. Johnson
The foregoing instrument was acknowledged before me this day of
, 1992, by Gary M. Acromite and Donna Roehl, the Mayor and
Clerk -Treasurer, respectively, of the City of Medina, Minnesota, a municipal
corporation under the laws of the state of Minnesota, on behalf of the City.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF
The foregoing instrument was acknowledged before me this 3 day of
, 1992, by Dale Harold Johnson and D: borah Clark Johnson, husband
96zi 2. cstezzin9ez
H_NN P2,1 COUNTY
My commission expires 10-1-96
a•�w+*:04,11,4,"1.
STATE OF MINNESOTA
Nota y : is
_ The foregoing instrument was acknowledged before me this day of
FT -in , 1992, by Harold L. Johnson and Dorot y L. Johns husband and
wife.
NOTARY PUBLIC _ r.u.,-es •.r>
Hc.NNiPIN COUNTY Notary ' ub
My commission expires 10-1-96
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LEGAL DESCRIPTION OF WEST LOT AND
EAST LOT AS APPROVED BY CITY COUNCIL
West Lot:
EXHIBIT D
Tract A, Registered Land Survey No. 1210, Files of Registrar of Titles,
County of Hennepin, except that part thereof lying East of the
following -described line and its Northerly extension : Commencing at the
most Southerly corner of Tract B, said registered land survey; thence
Northwesterly along the Easterly line of said Tract A a distance of
224.88 feet to an angle point in said Easterly line thence Northeasterly
along said Easterly line a distance of 13 feet to the point of beginning
of the line being described thence deflecting left 64 degrees 20' to the
North line of said Tract A and there ending.
East Lot :
That part of Tract A, Registered Land Survey No. 1210, Files of
Registrar of Titles, County of Hennepin, lying East of the following
described line and its Northerly extension: Commencing at the most
Southerly corner of Tract B, said registered land survey; thence
Northwesterly along the Easterly line of said Tract A a distance of
224.88 feet to an angle point in said Easterly line; thence Northeasterly
along said Easterly line a distance of 13 feet to the point of beginning
of the line being described; thence deflecting left 64 degrees 20' to the
North line of said Tract A, and there ending.
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D . M . J . C O R P O R A T I O N
LEGAL DESCRIPTION OF WEST LOT AND
EAST LOT AS APPROVED BY CITY COUNCIL
West Lot:
EXHIBIT D
Tract A, Registered Land Survey No. 1210, Files of Registrar of Titles,
County of Hennepin, except that part thereof lying East of the
following -described line and its Northerly extension: Commencing at the
most Southerly corner of Tract B , said registered land survey; thence
Northwesterly along the Easterly line of said Tract A a distance of
224.88 feet to an angle point in said Easterly line thence Northeasterly
along said Easterly line a distance of 13 feet to the point of beginning
of the line being described thence deflecting left 64 degrees 20' to the
North line of said Tract A and there ending.
East Lot :
That part of Tract A, Registered Land Survey No. 1210, Files of
Registrar of Titles, County of Hennepin, lying East of the following
described line and its Northerly extension: Commencing at the most
Southerly corner of Tract B , said registered land survey; thence
Northwesterly along the Easterly line of said Tract A a distance of
224.88 feet to an angle point in said Easterly line; thence Northeasterly
along said Easterly line a distance of 13 feet to the point of beginning
of the line being described; thence deflecting left 64 degrees 20' to the
North line of said Tract A, and there ending.
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