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Home My WebLink AboutResolution 71-14 CITY OF COLUHBIA HEIGHTS 590 40th Ave. N.E. Columbia Heights, Minnesota 55421 R E S 0 L U T ~ 0 ~ WHEREAS, the City Council of the City of Columbia Heights has had extended discussions and hearings with Shell Oil Company, and WHEREAS, an agreement attached hereto has been proposed, NOW, THEREFORE, BE IT HEREBY RESOLVED that the Hayor and City ~',anager be authorized to execu~ the agreement for and on behalf of the City of Columbia Heights. Passed this Offered by: Seconded by: Roll Call: 22nd day of Hatch, 197t Land Jeska All Ayes Bruce G. Nawrocki, Mayor Secretary- to the Council AGREE MENT THIS AGREEMENT, between the City of Columbia Heights, Minnesota, hereinafter referred to as the "City" and Shell Oil Company, a Delaware corporation hereinafter referred to as Shell. WHEREAS, Shell has requested of the City the rezoning of property described as: Lot 12, Spain's Addition, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County. as described]tn Ordinance ~745, and WHEREAS, Shell has requested the vacation of an alley more specifically described in Ordinance ~746, and ' WHEREAS, Shell desires to develop the property in the aforementioned ordinances, and part of Lot 8 and Outlot C, Genital Avenue Subdivision, Anoka County, Minnesota, which it presently owns pursuant to proposed layout plans attached hereto and marked Exhibit "A", and WHER~S, the parties hereto desire to enter [nrc a mutual agreement to set forth the obligations of Shell to maintain the aesthetic value of said prope~y as promised by Shell, and . WHEREAS, these following covenants shall run .with the land :which shall be binding upon the successors of each for a period of thirty (30) years except as hereafter specifically set forth, and shall be automatically renewed for ten (10) year periods unless the parties agree otherwise NOWe THEREFORE, for and in consideration of $1.00 and other good and valuable consideration it is agreed: 1. That Shell will construct a 3-bay "Gape Cod" style service station on ,said property as designated in the layout with said Gape God style-being identified tn Exhibit "B" attached hereto. This covenant ~hall terrainate upon completion of ~c.~c~str~ction of s~ b~l~ damaged or destroyed, so that the building and site 'will not become unsightly. 2. That Shell will landscape with artificial shrubs and rocks the areas designated on said plan to be landscaped asd more particularly described as the southerly tip of said Outlot O and the southeasterly side of Outlot O as designated be~een the two existing concrete entrances on said southeasterly side all identified as an area No. t on Exhibit "ATM. After said landscaping [s accomplished, Shell s~[lm'a[~tain said areas in their original condition and shall replace all sh~bs dpon their being removed, destroyed or damaged so that the site shall not become unsightly. 3. That Shell will const~ct upon completion of its building a 7-foot redwood buffer fence as shown on Exhibit "A"~ except said fence will not be 'const~cted on the potion of said property fronting Central Avenue. After the const~ction of same, Shell shall maintain said fence both st~ctur~lly and aesthetically in its original condition and sh~ll not allow the fence to become uns[ghtly. 4. That Shell shall provide l~ghts which w~ll be adequate for the l~ght[ng and protection of all adjacent areas tn confo~ity with all applicable ordinances. Said l~ght~ng shall be matntatned as ~n ~ts original condttfon, That sh[etds shall be provided so that the l~ght does not cast tnto neighboring homes. 8. That a box curb not less than s~x (6) inches above grade shall separate the public rfght-of-wa~ from the motor vehicle se~[ce a~as, except at approved entrances and exits, tnterlor curbs shall be const~ctedw~thtn the property lines to separate driving and parking se~tces from l~ndscaped areas, Interior curbs required by this section shall be a normal six (6) inches tn height. 6. That Shell shall see that the premises are kept fna clean and sanitary condition in accordance with the laws, rules and regulations of the governmental agencies having jurisdiction. 7. That Shell.shall obtain a performance bond in the amount of $t~000.00. The bond shall provide to insure that the items contained in parag~raphs two, three, and four are maintained and provided for in paragraphs two, three and four. The bond ~alk. provide that [f the O[ty shall approve Shell's plans to remodel the area eltra[hating thC'needs contained in paragraphs two, three and four, the bond shall terminate. The bond shall run for an indefinite period which shall be no greater than the life of this agreement. Likewise, the bond shall terminate upon mutual consent by the O[ty and Shell. It is fully understood that the Oity, at any time, can require that the bond be used to correct any conditions the bond provides for. That Shell shall replace the bond and cause the same to be maintained at a $1,000.00 level. 8. The standards as to adequate maintenance for all provisions of this agreement shall lie solely within the Oity Manager of the Gity of Oolumbia Heights. Shell, upon receiving a notice of a maintenance defect, shall correct the same within a thirty (30) day period. If this defect is not corrected .within the.thirty (30) day period, the bond shall provide that the Git[ shall give the b6nding company a fifteen (15) day .written notice to correct the defect, if the defect is not corrected ~i~bi_n the fifteen (15) day period, the Oity may correct the defect or defects. ~ 10. Shell will execute utility easements upon request of the G[ty in a form to be recorded with the Register of Deeds office ofAnoka Oounty. Said easements shall run in favor of the City of Golumbia lqeights and shall provide for easements for utility purposes and upon, over, under and on the north 10 feet of its property in Lot 8, Central Avenue Subdivision; over the southeasterly 10 feet of Lot 12, Spain's Addition to Golumbia Heights; and over the south- easterly 10 feet of vacated alley lying between said Outlot C and ~aid Lots 8 and 12, and over the southeasterly 10 feet of Outlot C~ Gentral Avenue Sub- division, ~ll'~'inAnoka Gounty, Minnesota. 11. The.G[t~shall relocate the water ma[n~ sanitary sewer and sto~ ~ ...... ~m~ ~ ~vhlhi~ "~" Shell shall Day'S10.000.00 to the City for Lts Interior curbs required by this sect[on shall be a normal six (6) inches in height. 6. That Shell shall see that the premises are kept [na clean and condition in accordance ~vith the la~vs, rules and regulations of th~ governmental agencies having jurisdiction. 7. That Shell shall obtain a performance bond in the amount of $1~000.00. The bond shall provide to insure that the items contained in parag~raphs t~vo, three, and four are maintained and provided for in paragraphs t~o, three and four. The bond ~all, provide that if the City shall approve Shell's plans to remodel the area eliminating thC'needs contained in paragraphs t~vo, three and four, the bond shall terminate. The bond shall run for an indefinite period ~vhich shall be no greater than the life of this agreement. Like,vise, the bond shall terminate upon mutual consent by the O[ty and Shell. it is fully understood that the City, at any time~ can require that the bond be used to correct any conditions the bond provides for. That Shell shall replace the bond and cause the same to be maintained at a $1~000.00 level. 8. The standards as to adequate maintenance for all provisions of this agreeme-nt shall lie solely ~vithin the O[ty Manager of the City of Columbia Heights. Shell, upon receiving a notice of a maintenance defect, shall correct the same ~vithin a thirty (30) day period. If this defect is not corrected '~vith[n the,.thirty (30) day period, the bond shall provide that the Cit[ shall give the b6nd[ng company a fifteen (15) day .~vritten notice to correct the defect. If the defect is not corrected within the fifteen (15) day period, the O[ty may correct the defect or defects. ~ 9. That upon vacation of the alley in Ordinance ~746~ Shell shall dedicate to the public for alley purposes the northeasterly 20 feet front and rear of Lot 12~ Spain's Addition to Columbia Heights. That Shell shall pave the said alley according to standards established by the City Engineer during the summer construction in 1971. 10. Shell w[tt execute utility easements upon request of the City in a form to be recorded 'with the Register of Deeds office of Anoka County. Said easements shall run in favor of the City of Columbia Heights and shall provide for easements for utility purposes and upon, over~ under and on the north 10 fleet of its property in Lot 8, Central Avenue Subdivision; over the southeasterly 10 feet of Lot t2, Spain's Addition to Columbia Heights; and over the south- e~sterly lQ feet of vacated alley lying bet~veen said Outlot C and {aid Lots 8 ~ad t2, and over the southeasterly t0 feet of Outlot O, Central Avenue Sub- ~{vision, ~l~'~in Anoka County, Minnesota. tl. The .City" shall relocate the 'water main, sanitary sewer and storm a-din according to Exhibit "O". Shell shall pay~$t0~000.00 to the City for its share of t¥~e improvement cost upon demand by the City ~vhen the construction is complete. 12. Shell further agrees to provide a location for a community sign on the southerly 40 feet of Outlot C~ Central Avenue Subdivision more particularly described: That part of Outlot C lying south of a tine drawn from a point on the ~Vest line of Outtot C distant 40 feet North of the Southerly most corner of Outtot C to a point on the Southeasterly tine of Outlot C distant 40 feet Northeasterly of the southerly most corner of Outlot C. It is further agreed that said sign shall not exceed a height of 4 feet nor a v~idth of 12 feet. If a sign is so constructed, sai~ sign shall be maintained by the City of Columbia Heights and the City shall be responsible for the repair or replacement of any landscaping damaged by reason of any maintenance of the sign. The City or its agents shall have the right to go upon said property to maintain said sign. Said sign shall not conflict with the rotating sign of Shell on said property. 13. Shell further agrees that it will not allow any outside storage or display of tires, oil containers, or any other items used in the service station business; except outside ~ storage and display shall be allowed: ~ a. when confined to the pump islands and four feet on each side; b. when confined to walk area around station designated ;, as area No. 2 on Exhibit A; ~ ~ '~ ~ ~.~c. when confined to fenced areas behind the station, but not to exceed a height greater than the fence, and not to be visible from Central Avenue or Reservoir Boulevard. The display of tires shaltbe limited eight tires to a display rack and a maximum display of 50 tires when confined to these areas. Further, that no automobile shall remain upon the property for a period longer than five days, and that no more than seven inoperative vehicles shall be on the premises at any one time. If Shell violates any provision of para'graph 13, the City shall have the right to go upon the l~roperty and eliminate the violation and charge Shell the cost of correcting the violation. 14. It is further agreed that no building permit be issued to Shell until the site plan, pursuant to ordinance, is approved by the Planning and Zoning Commission of the City of Cot'umbia Heights · ~Aritness our hands on this Agreement this_ ~/ day of . , 1971. ~HELL OIL GOMP~j~NY R. H. HAHN - Assistant Secretary STATE OF MINNESOTA COUNTY OF ANOKA SS On this 8th day of April, 1971, before me, a notary public, within and for said County personally appeared Bruce Nawrocki and Malcolm Watson to me personally known, who, beir?g each by me duly sworn did say that they are respectively the Mayor an,d City Manager of the City of Columbia Heights, the corporation na'.med in the foregoing instrument, and that the seal affixed to ~'id ins~.ument was signed and sealed in behalf of said corporation by aut,ho~y of its City Council and said Bruce Nawrock. i and _~VIatcotm Igatson acknowledge said instrument to be the free act and deed of said corporation. ' ILLINOIS STATE OF ~ COUNTY OF COOK SS My Commission Expires: On this__2ru4_day of July , 1971, before me, a notary public within and for said County personally appeared E? F, LOV. ELAND and B.H. HAHN to me personally know, who, being each by me duly sworn, did say that they are respectively the __~.__~j~ent and the Assistant Secretary of Shell Oil Company, the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of the said corporation by authority of its Board of Directors and said E. F. LOVELAND and R. th HAHN acknowledged said instrument to b$ the free act and deed of said corporation. - ,~ August 31~1974 [