HomeMy WebLinkAbout4.2 Easement Termination - City of Cottage Grove/Muddy Cow
TO: Economic Development Authority
FROM: Matt Wolf, Economic Development Specialist
DATE: September 5, 2019
RE: Easement Termination – City of Cottage Grove/Muddy Cow
Background
The City of Cottage Grove Economic Development Authority (EDA) currently owns a 1.67-acre
parcel off Hardwood Avenue and north of the current Muddy Cow Restaurant. At the July 9
City of Cottage Grove EDA meeting the EDA approved the sale of the land to Imagine, LLC for
the development of a Pizza Ranch restaurant and the Cottage Grove City Council approved
the sale of the land at their July 17 meeting.
Figure 1 Current EDA owned parcel and future Pizza Ranch location.
The original restaurant (Ruby Tuesday) at 7350 Hardwood Court South was built in 2004 and
is currently Muddy Cow. Ruby Tuesday closed in 2016 and Muddy Cow was opened in 2019.
As part of that original development a reciprocal parking easement agreement was executed
between RT Minneapolis Franchise, LLC the developer of the original restaurant and the City
of Cottage Grove, the owner of the 1.67-acre parcel to the north of Muddy Cow. The
agreement runs in perpetuity and calls for the non-exclusive easement for vehicular ingress
and egress, short term vehicular parking, and parking-related pedestrian traffic across the two
Economic Development Authority
September 5, 2019
Page 2 of 4
parcels. The agreement also calls for a driveway to be constructed between the two parcels.
This agreement was put into place to allow for the original Ruby Tuesday restaurant and the
potential development of a restaurant on the 1.67 acre parcel of land owned by EDA to have
adequate parking to meet our city code.
Figure 2 Original site plan of the restaurant constructed in 2004 and reciprocal parking easement location.
Economic Development Authority
September 5, 2019
Page 3 of 4
Discussion
Imagine, LLC the future developer of the proposed Pizza Ranch, to be located on the 1.67
acre of EDA owned land, has requested to terminate the reciprocal parking easement
agreement as part of the purchase of the land. The current owner of Muddy Cow restaurant,
MC I Investors, LLC, has agreed to terminate the agreement.
As part of the termination of the reciprocal parking easement agreement Pizza Ranch will still
be required to extend the sidewalk from Muddy Cow on to their parcel to allow for pedestrian
access. Also, Pizza Ranch will be required to curb and gutter the curb cut that was done as
part of the original restaurant development in 2004 to allow for it to be converted into parking
stalls. The City of Cottage Grove will also work with Pizza Ranch to obtain an easement to run
water and sewer up to Oakwood Park.
Figure 3 Improvements required by Pizza Ranch as part of the termination of the reciprocal parking
easement agreement.
Economic Development Authority
September 5, 2019
Page 4 of 4
Recommendation
By Motion:
Approve the easement termination agreement between the City of Cottage Grove Economic
Development Authority and MC I Investors, LLC
Attachments
Easement Termination Agreement
Reciprocal Parking Easement Agreement recorded in 2004
EASEMENT TERMINATION
THIS EASEMENT TERMINATION (“Easement Termination”) is entered into effective as of
____________________, 2019, and is hereby conveyed by the Cottage Grove Economic
Development Authority, a public body corporate and politic under the laws of Minnesota
(“EDA”) and MC I INVESTORS, LLC, a Minnesota limited liability company (“MC I”), the
holders of certain Easement rights hereinafter described and defined.
RECITALS
A. The City of Cottage Grove, a Minnesota municipal corporation (“City”), and RT
Minneapolis Franchise, LLC, a Delaware limited liability company (“RT”), entered into a
Reciprocal Parking Easement Agreement dated July 1, 2004, recorded as Document No.
3473952 on October 22, 2004 in the Office of the County Recorder, Washington County,
Minnesota (the “Easement”).
B. The City conveyed its interest in the Easement to the EDA by Quit Claim Deed dated
August 18, 2017, recorded as Document No. 4125205 on August 23, 2017 in the Office
of the County Recorder, Washington County, Minnesota.
C. RT conveyed its interest in the Easement to MC I by Limited Warranty Deed dated
August 14, 2018, recorded as Document No. 4165217 on August 20, 2018 in the Office
of the County Recorder, Washington County, Minnesota.
D. The EDA and MC I desire to terminate the Easement.
NOW, THEREFORE, in consideration of the above recitals and One Dollar ($1.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the EDA and MC I hereby declare that:
1. Termination of Easement. The Easement is hereby terminated in its entirety effective as
of the date of this Easement Termination.
2. Governing Law. This Easement Termination shall be construed in accordance with the
laws of the State of Minnesota.
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3. Severability. The invalidity of any covenant, restriction, condition, limitation, provision,
paragraph or clause of this Easement Termination, or any part of the same, or the
inapplicability thereof to any person or circumstance, shall not impair or affect in any
manner the validity, enforceability, or effect of the rest of this Easement Termination, or
the inapplicability of any such covenant, restriction, condition, limitation, provision,
paragraph or clause to any other person or circumstance.
4. Binding Effect. This Easement Termination shall run with Parcel A and Parcel B, as
defined in the Easement, and is binding upon the heirs, successors, executors,
administrators and assigns of the parties hereto.
5. Counterparts. This Easement Termination may be executed in any number of
counterparts, each of which shall be deemed an original but all of which shall constitute
one and the same instrument.
\[Signatures on following pages\]
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IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed the day
and year first above written, intending to be legally bound thereby and warranting authority to
execute the same.
COTTAGE GROVE ECONOMIC
DEVELOPMENT AUTHORITY
By ________________________________
Myron Bailey
Its President
By ________________________________
Jennifer Levitt
Its Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing was acknowledged before me this _______ day of ___________, 2019, by Myron
Bailey and Jennifer Levitt, the President and Executive Director, respectively, of the Cottage
Grove Economic Development Authority, a public body corporate and politic under the laws of
Minnesota, on behalf of the Economic Development Authority.
____________________________________
Notary Public
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MC I INVESTORS, LLC
ANVARY FAMILY PARTNERSHIP,
Managing Member of MC I Investors,
LLC
ANVARY GP, LLC, General Partner of
Anvary Family Limited Partnership
By:______________________________
Chad B. Anvary
Its Vice President
ANVARY GP 2, LLC, General Partner of
Anvary Family Limited Partnership
By:______________________________
Chad B. Anvary
Its Vice President
STATE OF MINNESOTA )
) ss.
COUNTY OF _________________ )
The foregoing was acknowledged before me this ____ day of ________, 2019, by Chad B.
Anvary, Vice President of Anvary GP, LLC, General Partner of Anvary Family Limited
Partnership, Managing Member of MC I Investors, LLC, a Minnesota limited partnership and
Chad B. Anvary, Vice President of Anvary GP 2, LLC, General Partner of Anvary Family
Limited Partnership, Managing Member of MC I Investors, LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
____________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY
AND AFTER RECORDING RETURN TO:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
633 South Concord Street, Suite 400
South St. Paul, MN 55075
651-451-1831
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CONSENT TO EASEMENT TERMINATION
\[MC I M ORTGAGE\]
North American Banking Company, a __________________________ (“Mortgagee”), as
mortgagee under that certain Mortgage, executed by MC I Investors, LLC, a Minnesota limited
liability company, in favor of Mortgagee, dated August 14, 2018, recorded in the Office of the
County Recorder, Washington County, Minnesota on August 20, 2018, as Document No.
4165218 (together with any modifications or supplements thereto, the “Mortgage”), hereby
consents to the foregoing Easement Termination by and among the EDA and MC I, it being
Mortgagee’s intention that by executing and acknowledging this Consent, the same shall be as if
it had executed and acknowledged the Easement Termination.
NORTH AMERICAN BANKING
COMPANY
By:_________________________________
Its:_________________________________
STATE OF ______________ )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this _____ day of _______________,
2019, by __________________________________, the ___________________ of North
American Banking Company, a _____________________, on behalf of said
________________________________________.
___________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
633 South Concord Street, Suite 400
South St. Paul, MN 55075
651-451-1831
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