HomeMy WebLinkAbout2000-01-06 CC Meeting Packet EnclosureMemo:
Ci ty
Oak Park Heights
14168 Oak Park Blvd, Box 2007 ® Oak Park Heights, MN 55082 e (651) 439 -4439 * Fax 439 -0574
January 6, 2000
To: Mayor and Council, Tom Melena
From: Kris Danielson, Community Development Director
Re: USPS Annex Facility Development Agreement
ENCLOSURE
Please be advised that as directed by the City Council at your meeting of
12/14/99, staff has negotiated a development agreement with representatives
of the United States Postal Service for their facility to be located at 55th Street
and Memorial Avenue. The facility will be known as the Oak Park Heights
Carrier Annex. Through the agreement the Postal Service will:
• Construct the facility according to the terms outlined in the agreement.
• Allow the City to inspect the facility during construction.
® Provide for a performance bond to cover 100 percent of the total
construction costs at all times.
• Pay all connection fees, assessments (both current and future) and SAC
charges.
• Reimburse the City for planning, engineering, legal and administrative
costs.
O Pay for the extension of 55th Street. A systems recovery charge will allow the
Post Office to recoup a percentage of the costs of the road construction if
future development in Oak Park Heights benefits from or utilizes access off
of 55th Street.
Through our meetings with the Post Office in developing this agreement, we
have negotiated significant improvements to the original site plan that was
submitted for review. These improvements are outlined on the enclosed
"Exhibit A ". The building conforms with our Design Guidelines and will be an
attractive addition to the Kern Center.
Staff recommends that the City Council vote to approve the Development
Agreement with the Postal Service. Following City Council action, the Post
Office will put the project out for bids. The project is expected to be under
construction this spring.
Please contact me at 439 -4439 with any questions you may have.
TREE CITY U.S.A.
(the "Property"); and
THIS AGREEMENT, made and entered into this day of January, 2000 by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota (hereinafter the "City"), and United States Postal Service, (hereinafter "LISPS "),
1 1710 0
WITNESSETH; That:
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
WHEREAS, the seller of the Property proposed to be purchased by the USPS has made
application to the City Council for vacation of drainage and utility easements between the real
property described as follows:
Lots 1 and 2, Block 2 Kern Center Second Addition
11
is pi-L
WHEREAS, the City Council has agreed to undertake the process to vacate the drainage
and utility easements between the two lots of the Property and approve the terms that USPS
construct its facility on the Property and providing under the terms of this Agreement
stipulating the conditions for the installation of private improvements as well as the
development of on -site improvements hereinafter described, all in accordance with the terms
and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual promises mutual promises and
conditions hereinafter contained, it is hereby agreed as, follows:
Designation of Improvements! Offsite Improvements to be installed at USPS's expense
by USPS as hereinafter provided are hereinafter referred to as "Plan A Improvements".
1. PLAN A 1MVI PROVEMENTS: USPS will construct at it's own expense the following
improvements under Plan A under which it is constructing its Facility according to the
following terms and conditions:
A. USPS's general contractor shall do all site grading including building sites,
common greenway and open spaces, storm water storage ponds, surface
drainage ways and all private driveways including sodding of boulevards, all in
accordance with the approved grading, drainage and site plan. A grading plan
with maximum two (2) foot contours, building elevations, drainage provisions,
erosion control provisions and cross sections, as necessary, has been submitted
to and reviewed by the City prior to commencement of any site grading. Any
changes to the grading plan in excess of six inches during construction shall be
submitted to the City for review in a timely manner.
1 /7 /00
B. USPS's general contractor shall control soil erosion ensuring:
1. All development shall conform to the natural limitations presented by the
topography and soil of the subdivision in order to create the best
potential for preventing soil erosion. USPS shall submit an erosion
control plan, detailing all erosion control measures to be implemented
during construction, said plan shall be reviewed by the City prior to the
commencement of site grading or construction.
2. Erosion and siltation control measures shall be coordinated with the
different stages of construction. Appropriate control measures shall be
installed prior to construction when necessary to control erosion and
shall be maintained during construction.
3. Land shall be developed in increments of workable size such that
adequate erosion and siltation controls can be provided as construction
progresses. The smallest practical area of land shall be exposed at any
one period of time.
4. Where the topsoil is removed, sufficient arable soil shall be set aside for
respreading over the developed area. The topsoil shall be restored to a
depth of at least four (4) inches and shall be of a quality at least equal
to the soil quality prior to development.
C, USPS has placed iron monuments at all lot and block corners and at all other
angle points on boundary lines. Iron monuments shall be replaced, if necessary,
after all street and lawn grading has been completed in order to preserve the lot
markers for future property owners,
D. USPS shall be responsible for maintaining the location of and protecting curb
stops, water services and sewer services. Any service or curb stop damaged
shall be repaired or replaced as specified by the City. USPS shall make all
necessary adjustments to the curb stops to bring them flush with the topsoil
(after grading) or driveway surface.
E. USPS shall be required to provide landscaping and screening in accordance with
the site plan submitted as part of the application for the approval of the
easement vacation and as required by the ordinances of the City.
G. USPS shall be responsible for street maintenance, including curbs, boulevards,
sod and street sweeping until the project is complete. All streets shall be
maintained free of debris and soil until the subdivision is completed. Warning
signs shall be placed when hazards develop in streets to prevent the public from
traveling on same and directing attention to detours. If and when the street
becomes impassible, such streets shall be barricaded and closed. In the event
buildings are occupied prior to completing streets, USPS shall maintain a smooth
driving surface and adequate drainage on Memorial Drive and 55t Street
2
117/00
extensions. USPS shall be responsible for the removal of snow from all gravel
streets. The repair of any damage done to the streets or public utilities shall be
the financial responsibility of USPS.
H. USPS shall furnish lights and site improvements in accordance with the
approved site plan and with the City's Design Guidelines and Zoning Ordinance.
1. USPS shall be responsible for storm sewer cleaning and holding pond dredging,
as required, by the City prior to completion of the development.
J. USPS shall be responsible for securing all necessary approvals and permits for
offsite improvements from all appropriate federal, state, regional and local
jurisdictions prior to the commencement of site grading or construction .
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
Boulevard and swale sod $ 3,400.00
2. Landscaping $ 500,00
3. Street signs $ nla
4. Street lights $ 500 •
5. Grading $ 15,000.00
6. Pond grading and seeding $ nla
7. Erosion Control $ 2,700.00
8. Pond Protection & Restoration 2,500.00
9. Utility Protection & Repair $ 50
10. Street Protection & Repair $ 2
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 26, 500.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %): $ 5,320.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $ 31 ,920.00
TOTAL PLAN A ESCROW $ 32,420.00
3
3. CONSTRUCTION of PLAN A IMPROVEMENTS.
A.
4. CONNECTION FEES /ASSESSMENTS /SAC CHARGES
Lots 1 & 2 $59,508.00
1/7/00 4
A, Construction. The construction, installation, materials and equipment shall be
in accordance with the plans and specifications and amendments submitted to
the City. The construction shall conform to the Minnesota Uniform Building
Code 1997 and amendments thereto, the Uniform Fire Code 1997 and
amendments thereto, and NFPA 13.
B. Inspection. USPS will allow the City to periodically inspect the construction.
Under the authority of USPS, the City is hereby granted the opportunity to
inspect the Facility as it is constructed, and provide comments to USPS and its
general contractor concerning the methods of construction, and compliance to
applicable codes, which codes are recited above.
C. Faithful Performance of Construction Contracts. USPS and its general
contractor and will fully and faithfully comply with all terms and conditions of
any and all contracts entered into by USPS for the installation and construction
of all Plan A improvements and hereby guarantees the workmanship and
materials for a period of one year following the City's final acceptance of the
Plan A Improvements. Concurrently with the execution hereof by USPS it will
furnish its contract with the general contractor and to the City a copy of the
general contractors performance bond, which shall be for 100% of the total
construction costs, including the Plan A improvements.
The City Engineer shall compute the connection fee as prescribed by
ordinance /resolution as to the facility and advise the City Clerk as to the
appropriate fee to be collected. Connection fees for all lots and blocks are due
and payable upon execution of this agreement and are as follows:
B. Assessments. The City recently assessed the sum of $42,287.56 to the
property for the Kern Center improvements, which USPS agrees to pay in
accordance with the resolution adopting and levying said assessments.
C. Sewer Availability Charges. USPS agrees to pay the Metropolitan Council sewer
availability charge that must be paid in order to connect the building to sanitary
sewer services.
5. En ineerin Le aI and Administrative Fees. USPS shall reimburse the City for
engineering, legal and administrative costs relating to the planning improvements
involved and to be incurred by the City in connection with the Facility.
6. PLAN B IIVMPROVEMENTSq
1 /7/00
The following improvements will be installed by the City at USPS's expense according
to the following terms and Conditions:
A. DESCRIPTION OF PLAN B IMPROVEMENTS ESTIMATED COST
1. Base preparation/street/sidewalk $43,280.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN F3 IMPROVEMENTS $43,280.00
ESTIMATED ENGINEERING, LEGAL AND
$ 8,660.00
ADMINISTRATIVE
TOTAL PLAN B ESCROW
$ 51,940.00
B. That prior to the city ordering the installation and awarding the contracts as it
relates to the Plan B improvements and the costs therefor, USPS shall deposit
with the City of Oak Park Heights, the total estimated cost of the Plan B
improvements related thereto for a total of $ 51,940.00. The City shall pay
from said deposit all expenses related to the construction of the Plan B
improvements providing for the construction of same as follows:
1. Construction. After the preparation of preliminary plans and estimates
by the City, the City Council shall take bids on the projects and
thereafter award the contract pursuant to law for the installation of the
Plan B improvements under the City's supervision.
2. Escrow. No work shall be commenced under this Agreement until USPS
shall have filed with the City a cash deposit, certified check or Letter of
Credit (in a form to be approved by the City Attorney) in the amount
equal to the total estimated cost of the Plan B improvements in the total
amount of $51,940.00. The City shall have the right to apply against
the Letter of Credit all bills incurred by the City with regard to the Plan
B improvements, however, the City shall provide USPS the opportunity
to pay for said improvements as bills are incurred, in cash, rather than
applying payments as against the Letter of Credit provided to the City,
if a Letter of Credit is used in lieu of a cash escrow by USPS. In such
case, USPS shall have time allowed by the Prompt Payment Act to pay
to the City such amount in cash so that the City can use the payment to
pay the amount due in lieu of drawing down on the Letter of Credit or
other escrow on file with the City of Oak Park Heights.
B. USPS shall be provided with a copy of the plans and specifications as
prepared by the office of the City Engineer for the Plan B improvements
and shall be allowed the opportunity to comment on same prior to final
5
1 /7100
release of the bid specifications by the office of the City Engineer for
purposes of receiving bid on the improvements. USPS shall also be
notified of the bid opening date and provided the opportunity to
comment on the bids received prior to the award of the bid on the Plan
B improvements. USPS may recommend rejection of all bids and the
rebidding of the project or any portion thereof; however, such
recommendation is not binding on the City of Oak Park Heights and the
City may award the contract based upon the bids received if it, in its
absolute discretion, determines that the bids so received are reasonable.
USPS shall also be provided the opportunity to request that the City
Engineer consider including certain contractors that USPS might suggest
to be added to the proposed bidder's list. Final determination of the
proposed bidder's list shall rest in the discretion of the City Engineer.
4. All such improvements as constructed shall become the property of the
City of Oak Park Heights. USPS shall dedicate to the City prior to
approval of the final plat at no cost to the City all permanent and
temporary easements necessary for the construction of such
improvements as determined by the City.
5 a Contracts. Ail such cons contracts as awarded by the City of
Oak Park Heights to construct the Plan B improvements shall provide for
a guarantee of the workmanship and materials for a period of one year
following the completion of construction of the Plan B improvements.
All such contracts shall also conform to the ordinances and
specifications of the City in the construction of all Plan B improvements.
6 Reduction of Cash De osit /Letter of Credit. The City shall be allowed to
draw upon the cash deposit/Letter of Credit /escrow for the payment of
any and all construction contracts awarded as it relates to the Plan 13
improvements, or any portion or increment thereof, upon certification by
the City Engineer of completion of construction of the Plan B
improvements, or any portion or increment thereof. Upon final
completion of the Plan B improvements and certification of same by the
City Engineer, any remaining funds on hand, provided as security to
secure the construction of the Plan B improvements, shall be refunded
to USPS.
7. Change Orders. No change order increasing the contract expense shall
be authorized by the City without USPS's written consent.
8. Estimates. The above estimates are engineering projects only. USPS
shall be responsible for all actual expenses incurred in the securing and
installing of all Plan 13 improvements.
7. SYSTEMS CHARGE RECOVERY
6
1 /7/oo
The City may, at some future time in conjunction with adjacent development, recover
systems charges that could include payment for cost of the road extensions being paid
for by USPS. In the event that the City is able to recover systems charges to cover the
road extension, the City will reimburse USPS for the Iife of the Plan B street
improvements based on a 20 year life. The formula for reimbursement shall be as
follows: 1 /2 of the current road construction costs shall be multiplied by a fraction, the
denominator of which shall be 20, and the numerator of the number of years remaining
to year 20. Thus, if the road cost was $ 200 and the recovery by the city is made in
year 5, 1/2 of the cost is $ 100 times 15 /20ths which would result in the post office
being reimbursed $75.
After year 20, if the City constructs a road overlay, the presumptive life of that is 10
years. Any recovery after construction of an overlay shall be based on a formula of %a
of the cost of the overlay times a fraction, the denominator of which is 10 and the
numerator of which is the number of years remaining on the presumptive life of the
overlay. The result of that formula shall equal the amount to be reimbursed to USPS.
After a period of 20. years has elapsed and there is no overlay constructed, no
reimbursement will be due; if an overlay is constructed, after year 10, no
reimbursement will be due to USPS.
8. PAYMENT FOR FUTURE PROJECTED ASSESSMENTS.
9. GENERAL.
The City plans to upgrade the streets in the Kern Center Second Addition to add any
future infrastructure, including roads, curb, gutter, sewer, water, and storm sewer.
USPS agrees to pay its pro -rated share of said assessment for the future improvements
within the Kern Center Second Addition~
A. Bindin Effect, The terms and provisions hereof shall be binding upon and inure
to the benefit of the heirs, representatives, successors and assigns of the
parties hereto and shall be binding upon all future owners of all or any part of
the Subdivision and shall be deemed covenants running with the land. The
Agreement, at the option of the City, shall be placed on record so as to give
notice hereof to subsequent purchasers and encumbrances of all or any part of
the Subdivision and all recording fees, if any, shall be paid by USPS.
B. Final Plat Approval, The City agrees to give final approval to the replat of Outlot
A upon execution and delivery of this Agreement and of all required documents
and security, subject to compliance with the Ordinances of the City and terms
and provisions hereof.
C. Incorporation of Reference. The following conditions imposed by order of the
City Council is annexed hereto as Exhibit A, and shall be complied with by
USPS:
7
1 17 )00
Exhibits A Memorandum from Cindy Sherman /Scott Richards, dated
December 10, 1999.
U. The City of Oak Park Heights may file USPS's Agreement of record in the office
of the County Recorder.
E. As to any and all administrative, legal or engineering costs which USPS is
expected to pay to the City, which costs are to be offset against the cash
escrows or Letters of Credit which USPS has filed and provided to the City,
F. Establishment of Construction Schedules. USPS or its general contractor shall
establish construction schedules for Plan A improvements and shall consult with
the city engineer prior to implementing same.
i�. Water Management Organizations. USPS shall secure approval from all water
management organizations affected by this development prior to final approval.
8
IN WITNESS WHEREOF, the City and USPS have caused this Agreement to be duly
executed on the date and year first above written.
In the presence of:
In the presence of:
1 /7/0❑
9
CITY OF OAK PARK HEIGHTS
By
Thomas Me a, Administrator
United States Postal Service
By
By
David Schaaf,
Its:
Its:
STATE OF MINNESOTA }
COUNTY OF WASHINGTON)
On this day of , 1999, before me David Schaaf and Thomas
Melena, to me personally known, being each by me duly sworn did say .that they are
respectively the Mayor and the City Administrator of the City of Oak Park Heights, the
municipal 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 on behalf of said municipal corporation by authority of its City Council and said Mayor
and Administrator acknowledged said instrument Notary Public, within and for said County
to be the free . act and deed of said municipal corporation.
STATE OF MINNESOTA }
COUNTY OF WASHINGTON)
THIS INSTRUMENT WAS DRAFTED BY:
Jack W. Clinton, I.D. #17413
Fluegel, Moynihan & Clinton, P.A.
1303 South Frontage Rd.
Hastings, MN 55033
651 -438 -9777
1/7/oo
10
Notary Public
On this day of 1999 before me appeared and
known to me to be the and
of United States Postal Service ; respectively, and the same signed the
foregoing development agreement on behalf of United States Postal Service representing that
they had full authority and power on behalf of said entitiy to do so and affixed their signatures
hereon as their free act and deed on behalf of said entity.
Notary Public
1 /7/00
EXHIBIT A
TO DEVELOPERS AGREEMENT
BETWEEN
THE UNITED STATES POSTAL SERVICE
AND
THE CITY OF OAK PARK HEIGHTS
The following site plan alterations must be incorporated in the construction of the annex
facility and LISPS agrees to arrange for construction in accordance with the following
conditions:
A wall extension shall be constructed to screen the loading dock area from the east
in place of trees and chain link fencing.
2. A parking lot shall be designed with parking stalls at 90 degrees.
3. Two -way traffic access shall be provided to the northern parking area.
4. The snorkel lane may encroach on the easement area to accommodate the parking
lot reconfiguration.
E. Chain link fencing shall be a maximum height of 6'0" and no barbed wire or razor
wire shall be used.
6. A photometric light plan shall be included with the submitted plans.
7. The building facade will be enhanced with an expansion of a brick detail at the front
entrance and more glass shall be used at the front entrance.
8. The building facade will receive vertical articulation through additional brick and
stone treatment,
9. Roof top mechanical equipment will not be metallic and will be a muted tone to
match the building. Any exterior mechanical equipment shall be screened as
provided in the Design Guidelines from the city.
10. Landscaping will be provided as a buffer along the western and northwestern area
of the site.
11
Memo:
City
Oak Park Heights
14168 Oak Park Blvd, Box 2007 e Oak Park Heights, MN 55082 • (651) 439 -4439 • Fax 439 -0574
January 6, 2000
To: Mayor and Council, Tom Melena
From: Kris Danielson, Community Development Director
Re: Request for Vacation of Utility Easement
Please be advised that St. Croix West Holdings, LLC, the owners of Lots 1 and 2,
Kern Center second addition have petitioned the City to vacate the utility
easement between lot8 1 and 2.
The vacation of these easements is a requirement of a Purchase agreement
between St. Croix West Holdings and the United States Postal Service.
Engineering has reviewed this request and does not find the utility easement
critical for the City to maintain. Based on the Engineers review and because
of the development proposed for the property, Staff would recommend that
the City Council vote to approve this utility easement vacation.
Please contact me at 439-4439 with any questions you may have.
TREE CITY U.S.A.
wh
1 PN- 07-2000 13!19
l I V w w W i 1
CyxY
OF OAK PARK HEIGHTS *DEVELOPMENT APPLICATION
14168 Oak Park Boulevard
P•O, Box 2007
Oak Park Heights, MN 55082
(651) 439 4439 Fax: (651) 439 -0574
Please read each section carefully � - - - -- A
y and answer a� questions thozou�yo complete
applications will be accepted after validation by Administrator � ��
Y �c City �.dm�.nastrator mod. prior to
accc tanGe of rtquzrcd processing &ea/deposits.
Street Location of Property:
Owner:
Name:
Applicant (If other than owner):
Kane: 4 /'/
Add
City;
Telephone; (Home)
(Fax)
Type of Request(s)
Toning District Amendment
Conditional Use Permit
I I 14.x! 1 k i..y 11 4J •
CITY OR OP-
Le : .description of Property (att2cbed additional sheet if necessary):
�/77de✓
ari
A.ciciress' a 3 r_,6„4
Cit � T /GC•d✓ State: dip:
Telephone: (Home) (Business) ' �S l — 11 �
(Fax) (Other)
Variance: Single Family Rzsidcntial
Subdivision.: Minor
Comprehensive Plan Amendment
Destription of Request(s):
aft
Variance: Guar Residents ComrncrciaiiindugI
S ubdiviion
• 07 /
Base Fee: P d .
Escrow Amount: Pda •
Kato
u r 1 1 e 1 r mn
Stmt: Zip: Z el R 7 '7
(Business) 9
(Othtx 0
Houma Occupation
Home Occupation: for
Sim Plan ReView
Pte: Concept P iiin
PUD: Gcne id :Plan
Street Vacation
.00 ti.,...
P. 02/03
vA
JAN -07 -00 14:23 From :US POSTAL SERVICE KC FSO
if a request for planuingizoning action on the subject site or any part thereof h
been previnu,.ly sou : _ t please descr ib o it below:
What?
Where?
Wh
The undersigned acknowledges that (s)he understands rhnt before Ibis request cAn be
considered and/pr approved, all required i,?formation and fees, including any deposits,
must be paid to the City and if additional fees arc required to cover costs incurred by the
City, the City Administrator has a right to require additional payment from one or more
of the undersigned, who shall be jointIy and severely liable for such fees. Please refer to
the attached fee schedule, made part of this application.
The undersigned applicant, further acknowledges and consents that all unpaid fees owing
the city of yak Park Heights shall be treated as unpaid utility fees and may be certified
for collection as with delinquent utility billings and maybe assessed against the subject
real property if unpaid by October 31 of each year.
An incomplete application will delay the processing and may necessitate a re- scheduling
of the review time frame. The application approval time line commences and an
application is considered complete when all required information and fees are submitted
appropriately to the City.
Six1y (60) Day Waiver: The City hereby norIfiBS the applicant that developmenr review
may not be completed within the required 60 days due to public hearing requirements
and agency review; therefore, the City is exercising an automatic 60 day extension for
develop»ient review. Development review will be compJorod within 130 days unloss
additional review extensions are approved by the owner /Applicant,
Owner(s) Signature(s):
S : /Shr Sh d/Porm . eveloprrczt Application
9132612510 T -398 P.03/03 Jab -839
Date:
Date:
Approved
Denied by the City Council on this day of
Date:
TOTAL P.03
W I \ 1 I 4][
JAN-07-2000 10:19
Owner(s Signature(s):
.
C \11/4. L
100
Aj]pLiCgIII(9) S1gt1A*tl!'C(6):
S1Shar l/Shated/Pvrnisitevclopmeat Application
cal Io 1ta I 'UU J. .I. i U 1I I r.J
If a request for pLanttinghoning action ction en the subject Site or a
been p �-ev i ous l sought, f .�� part thereof his
Y ght, please describe it below:
What?
Where?
When?
\40Uh
I OuL
r
Date:
Date:
Date:
. Approved
m Denied by t a City Council on this . day of
The nder sfgr ed acknowledges than enders
(s)hQ rands that b ere this request can he
considered andJor approved, all required information an d
.� fe es, including any deposits,
must be paid to the City and if additional fees are re p
�' required to cover costs incurred by the
City, the City Administrator hay a right to require additional ddizrdrral payrnent from orrE or more
of the undersigned who shall be jointly and severely able
�' for such fh..s. Please refer to
the auuac.'wd fee schedule, mad part o f this application.
��
The undersigned applicant further achwwled es cmd consents
�' o � g rrs nrs that all unpaid fees o�'�g`
:he
City f Oa Park Heights shall be treated as unpaid utrIt fees
p �f and .� be certified collection
as with delinquent utility billings and
�' � tray be assessed against the .subject
real proper ifunpa!d by October 31 " of each year.
An incomplete application will delay the processin and m necessitate � � e a re-scheduling
of rho review rise frame The application approval time lire corn
tic pp commences
application is considered complete when all required information and fees are submitted
�, .� red`
°pp apriatelsy ro the City.
Sixty (6) Day Waiver: The City hereby not es the applicant that development raview
may not be co)n feted within the required p
p 60 days duu� to public hear�'n� requirements
and agency review; therefore, the no is exercising an automatic c 60 day extension o
uel �' for
d
ap?nent r'view, Development Peview will be completed within 120 days unless
additional review extensions are approved by the own er/a p lican � '.
TOTAL P.03
Too Mr. Tom Melina and the City of Oak Park Heights, Minnesota
Sincerely,
Re: Vacation of utility easement
We are requesting that the city agree to vacate the utility
easement between lots number 1 & 2, Kern Center Second Addition.
Please find attached;
(a) A portion of the Kern Center Plat indicating lots 1 & 2
and showing the existing 10' utility easement.
(b) A copy of the proposed U. S. Postal Service facility
whose building will occupy a portion of both lots 1 & 2.
(c) A copy of the purchase agreement. Please see article 19
of the Adderidum to the purchase agreement.
At the time these lots were created in Baytown Township there
existed a 2-1/2 acre minimum lot size. The property is now within
the City of Oak Park Heights and the lot sizes are not restricted
to that minimum. The utility easement in question is not required
by the City and its vacation is necessary for the construction of
the U. S. Postal Service facility.
Please consider this issue at your next city council meeting on
December 12, 1999.
John Low
Chief Mgr.
St. Croix West Holdings, LLC
C: /St. Croix West/Utility vacation
S
D
W
7;1
CD
No
LA
op
// f
F
ofr
41
•
r
f 00
3,8v, Zsr,SC S
1
Er
18
1
co
Zi;
n
-1
o \
0 u,
m v `
cP
f
1 ,-_ - __._- - -14
F __
5 "\ 3„64,;21►,,ScS m >2v \ \pa
1 \ . k m K Irk 0
W to Z 0
t ) n d `�s ' Ups CJI
1 mom elb,. 1 , merr '- ��--r3*,�. ,—
,,,, ,, / L- _ _ _ _ _. J J ...._ -_ D° 9 -
u 3„9b,ziroc; S 1�1 [A1 2 ° a L
1 \ �,
1 C .� in 1., / \ ' N ■ M 3a g I , L O '
0
/. g •
-, -�
� . � N �' rig
rin
c( m D p L''''' 1 x i . n !
v^ z m M �vj\, m Li Ack9 \
r's . t H e
1 Z
. .. - `6 6'�If --
L
caft)
1
� J
RAO
4 6 aq lore r te ,
A1, ■
�,y a.•r �3'hC'��. irs'r'� � *�' . • � �,rr.q � r3 ���'41r: �A 11' -•
, i �Wa Wi � f�� +ti
F�ai'3 •: •.L"�F • �S rZIT N� ! r}
" I Ma
t 11 1
4,
IL
• r� s! ; r M x <`":7
: ? f. } 4 ..1
i • �■ r ��� \ r�as' } r l �,„ ` K� r rs y \ a\ =� ■,r
1 1 i
V
maisa VW. Sals.
EMS
if
f
c::::72 LOT 2
J �,ry � r���i. r •:v �:
�.... • www ■�� - •..:.;��yYi.+c .�,� - ...tr. Fiii..r-r Y�r. �"f ,.,.�1 -�N. ;n �r..,�:,yf� r�ra..�4Y
ICI
ffejapERVAill
PaialagglastriommeD 42,4
2
A� � i� AR/YM i1y►
..J
W! 4w +111+1 Y
1
UNITED SThTES
POSTAL SERVICE„„
Offer to Sell
CARRIER AN N EX STI LLWATER MN 55082-9998
AE:7 UNITED STATES
POST/SL SERVICE_
Ps Form 8339, July 1997
Facility Name /Location
STILLWATER, MN - CARRIER ANNEX (268980-G01)
Excepting and reserving to the seller the following rights and interests:
None.
The terms and conditions of this offer are as follows:
Offer to Sell Real Property
Project: Y73259
The undersigned, hereinafter called the seller, in consideration of mutual covenants and agreements herein set forth,
and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, hereby makes the
irrevocable offer to sell and convey to the United States Postal Service and its assigns, the fee simple title to the
following described land, with the buildings and improvements thereon, hereinafter referred to as "land ", and all rights,
hereditaments, easements and appurtenances thereunto belonging, and legally described as follows:
Lots 1 and 2, /Kern Center 2nd Addition
Block 2
subject to the following rights outstanding in third parties:
Drainage and utility easements as shown on the recorded plat of Kern Center 2nd Addition
except for the drainage and utility easements along the northerly line of Lot 1 and the
Southerly line of Lot 2, except for the easterly and westerly 10 feet thereof.
1. The seller agrees that this offer may be accepted by the United States Postal Service through any duly authorized
representative, by delivering, mailing or telefaxing a notice of acceptance to the seller at the address stated below, at
any time within 180 calendar days from the date hereof, whereupon this offer and the acceptance thereof become a
binding contract.
2. The Postal Service agrees to pay the seller for said and the sum of $ 431,461.50
***Four Hundred Thirty-One Thousand Four Hundred Sixty-One and 50/100 Dollars * * * payable
upon approval by the Postal Service of the seller's title and execution and delivery by the seller of a good and sufficient
general warranty deed conveying said and with the hereditaments and appurtenances thereunto belonging to the United
States Postal Service and its assigns, in fee simple, free and clear from all liens and encumbrances, except those
specifically excepted or reserved above, together with all right, title, and interest of the seller in and to any streams,
alleys, roads, streets, ways, strips, gores, or railroad rights -of -way abutting or adjoining said land.
3. it is agreed that the Postal Service will defray the expenses incident to the recordation of the deed to the Postal
Service and the procurement of the necessary title evidence.
4. The seller agrees that all taxes, assessments, and encumbrances which are a valid lien against the land as of the
time of conveyance to the Postal Service shall be satisfied of record by the seller at or before the transfer of title and, the
seller, will, at the request of the Postal Service and without prior payment or tender of the purchase price deliver the
genera! warranty deed to the Postal Service and obtain and record such other curative evidence of title as may be
required by the Postal Service. If the seller fails to satisfy any such liens or fails to secure such curative evidence as
required within sixty (60) days of acceptance of this offer by the Postal Service, the Postal Service may pay said liens
and cure such defects and deduct any cost incurred from the purchase price of the land. Real Estate taxes for the
current year, utilities and rents, if applicable, are to be pro -rated as of the date of closing.
5. The seller agrees that loss or damage to the property by fire or acts of God shall be at the risk of the seller until the
title to the land and deed to the Postal Service have been accepted by the Postal Service through its duly authorized
representative or until the right of occupancy and use of the land, as hereinbelow provided for, has been exercised by
the Postal Service; and, in the event that such foss or damage occurs, the Postal Service may, without liability, refuse to
accept conveyance of the title or it may elect to accept conveyance or title to such property, in which case there shall be
an equitable adjustment of the purchase price.
6. The agents, employees or representatives of the Postal Service shall have the right, during the period of the offer,
subject to the use made of the premises by the seller to enter upon the said premises for the sole purpose of inspecting:
the same and making test borings, plans and topographical surveys in connection with the Postal Service's
contemplated use of the premises. The Postal Service, at its expense shall promptly restore the property of the seller to
its original condition in accordance with good engineering practices.
1
P;: : UNITED ST/.]TES
POSTdL SERVICE_
Offer to Sell Real Property
Possession of the property shall be delivered to the purchaser on the day the sale is consummated unless a different
possession date is herein specified.
8. The seller agrees not to rent, lease or otherwise increase tenancy on any portion of the property subsequent to
execution of this Offer to Sell Real Property.
9. It is agreed that the spouse, if any, of the seller, by signing below, agrees to join in any deed to the Postal Service
and to execute any instrument deemed necessary to convey to the Postal Service any separate or community estate or
interest in the subject property and to relinquish and release any dower, curtesy, homestead, or other rights or interests
of such spouse therein.
10. No member of or delegate to Congress may be admitted to any part or share of this option, or to any benefit arising
from it. This prohibition does not apply to the extent this option is with a corporation for the corporation's general benefit.
11. Contingent Fees:
a. The seller warrants that no person or selling agency has been employed or retained to solicit or obtain this
contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except
bona fide employees or bona fide established commercial or selling agencies maintained by the seller for the purpose
of obtaining business.
b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at
its sole discretion, to deduct from the contract price or consideration, or otherwise recover from seller the full amount
of the commission, percentage, brokerage fee, or contingent fee.
c. Licensed real estate agents or brokers having listings on property for sale, in accordance with general business
practice, and who have not obtained such licenses for the sole purpose of effecting this offer, may be considered as
bona fide employees or agencies within the exception contained in this clause.
2. The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors, and
assigns of the seller.
13. The seller agrees that the Postal Service may acquire title to said land by condemnation or other judicial
proceedings, in which event the seller agrees to cooperate with the Postal Service in the prosecution of such
proceedings; agrees that the consideration hereinabove stated shall be the full amount of the award of just
compensation, inclusive of interest, for the taking of said land; agrees that any and all awards or just compensation that
may be made in the proceeding to any defendant shall be payable and deductible from the said amount.
14. Seller warrants that as of the date of this offer and of transfer of title, except as specifically identified in this
agreement, (1) the property (including the land, surface water, groundwater, and improvements to the land) is free of all
contamination from petroleum products or any hazardous substance or hazardous waste, as defined by applicable state
or federal law, and (2) there are no underground storage tanks or associated piping on the property. This warranty
survives transfer of title and shall be binding upon seller, its successors and assigns.
15. All terms and conditions with respect to this offer are expressly contained herein and the seller agrees that no
representative or agent of the Postal Service has made any representation or promise with respect to this offer not
expressly contained herein.
16. Seller warrants that legal title is held as follows: (Show whether joint tenants, tenants in common, tenants by the
entirety, etc.)
St. Croix West Holdings, LLC.
17. The following paragraphs were added or deleted before execution:
18, 19 and 20.
P5 Form 8339, July 1997
2
UNITED STATES
POSTAL SERVICE
Date:
John Low, Chief Manager
Print Sellers Name*
Robert G. Briggs, Treasurer
Print Sellers Name*
Print Sellers Name*
Print Sellers Name"
Print Sellers Name*
Print Sellers Name*
Print Sellers Name*
Print Sellers Name*
Notice of acceptance of this offer to be sent to:
Seiler: Address:
Telephone No:
Taxpayer ID:
Witness to Seller **
`This space will be used for witnesses to signatures if required by State law.
Print Name and Title of Contracting Officer
Ps Form 8339, July 1997
Signature
Signature
Signature
Signature
Signature
Signature
1835 Northwestern Avenue, Stillwater, MN 55082
(651) 351 -2112
41-1890644
Offer to Sell Real Property
Witness to Seller
* All individuals or co- owners must sign. If married, the spouse also must sign. If unmarried, the owner's legal marital status must be indicated. If
the property is owned by a partnership, all partners must sign or if a limited partnership, the general partner(s) must sign. If the property is in an
estate or owned by a corporation, evidence of authority of the signatories must accompany the option.
Acceptance of Offer To Sell Real Property
Date: 23, /OW
The offer of the Seller contained herein is hereby accepted for and on behalf of the United States Postal Service.
THOMAS AGGEN
KC FACILITIES SERVICE OFC
6800 W 64TH ST STE 100, OVERLAND PARK, KS 66202-4179
Print Address of Contracting Officer
UNITED STATES
POSTAL SERVICE_
icility Name /Location
STILLWATER, MN -- CARRIER ANNEX (268980-G01)
REOTSA DDEND (Aug. 96, v1.14, P) Page 1 of 1
Addendum
Project: Y73259
18. The Postal Service acknowledges that the land is subject to Declaration of
Covenants, Conditions and Restrictions dated the 21st day of October, 1994, in
instrument filed for record December 13, 1994 as Document No. 825979. The Seller shall
use its best and all reasonable efforts to obtain an amendment of the Declaration of
Covenants, Conditions and Restrictions which suspends the force and effect of Covenants
1.A. and 7.B. upon the land as long as the United States Postal Service, a statutory
successor, or the United States of America (including one of its departments, agencies,
or statutory entities) owns the land.
The Seller shall provide a copy of the proposed instrument of amendment to Commercial
Partners Title LLC and the Postal Service for approval, prior to obtaining signatures of
the various lot owners and the consent of their mortgagees.
Closing of the purchase shall be delayed until such amendment is completed. Should
Seller fail to obtain such an amendment signed by all owners of Lots 1-7 plus Outlot A,
Block 1, and Lots 1-10, Block 2, all in Kern Center 2nd Addition, by November 3, 1999,
then the Postal Service may elect to terminate the contract that results from its
acceptance of this Offer to Sell Real Property.
19. Following acceptance of this Offer by the Postal Service, the Seller shall obtain
the vacation of the drainage and utility easements along the northerly line of Lot 1 and
the Southerly line of Lot 2, except for the easterly and westerly 10 feet thereof.
The Seller shall provide a copy of the City of Oak Park Heights' proposed instrument(s)
of vacation to Commercial Partners Title LLC and the Postal Service for approval, prior
to final action of the city upon the vacation.
Closing of the purchase shall be delayed until such easement vacation is completed.
Should Seller fail to obtain such easement vacation, by November 3, 1999, then the
Postal Service may elect to terminate the contract that results from its acceptance of
this Offer to Sell Real Property.
20. Costs for the extension of sanitary sewer and city water to the site shall be the
responsibility of the Postal Service and not the Seller. Costs for the extension and
improvement of Memorial Avenue North to 55th Street North, and costs for improvements to
b
55th Street North shall be the responsibility of the Postal Service and not the Seller.
All other taxes, assessments, and encumbrances shall be satisfied in accordance with
Paragraph 4 of this Offer to Sell.
0
0
w p
E
} a 6
0
ILI p
1
C
- 7
D
W A• E
0
C
1 0
E u
144 o
CI
a
z
-,:,
Ts
z
;2 :
LL & X
;t
04
P
•
E
2
co
a .
CO
CT)
0
I
E
0
a a
V L._V 1 VVV VI tit
Dallas
w • 1 , ,r w 5� � t + �
411 ' "'iJ111111 LJ 11,V11.3 —.
IX•• ^ �"W t t•..
•
Tv
•1�V.y�'M '1 t f�,. r
\ Housing
. • • Square housing is die for
one piece aluminum
s e ;Round housing is spun one piece aluminum
*Integral design feature, 1" wide embossed &cora-
' '' . tine' b and, color striping is available
Ext`ruded aluminum arm, 6" for DL , 12,5" for
mounting hardware
F ,� ► , t Slipfitt r,mount (SF) with cast aluminum slipfUter
3 /H" OD tenon
* Yoke mount to s]ipfit 2" pipe, 2 3 /8" OD tenon
pplications:
1 Parking areas
■, Parks
* Walkways
• Entrances
• School campuses
onstruction Featur
.,;;D
• b,Cilst'aluminum
▪ Captive screws
®. • , Continuous gasket
UL
i U LJ tiJ Y i L.
SF. sipffier1ot
' a posttop•
•
tenon . . ,.
1 S
Y. yoke mount.
1 y
1o`slip t2 .
5 1
tenon •
PM: orm mount
tiJ 1 1 V t,lF 11 11 l V. 11, ti/i 1L
Refer to Poles /Brackets 5eclion for ordering inFor
Model D .5 ® EPA 2.4, M odel DLR ® EPA 1.5
Optical AFs emhIy'
® Horizontal Lamp position
* Segmented, anodized aluminium reflectors
with flat clear tempered glass lens for type
l-IE .symmetric, or type VS square
'symmetric distribution
• Type lY forward throw reflector available
up to 4.00 W' (,1000 in post. top ]JLS)
Lampholder 1
* Enclosed mo` porcelain socket
• HPS sockets' are pulse rated
Ballast
* High power factor, starting rated to -20'F
O Metal Halide: constant wattage
a utotrarisformer
a Iligh Pres ti re Sodium: 250W to 1000W -
!
constant 'wattage autotransformer with
electronic starter, 150W - high reactance
with electronic starter
Finish
• Baked on polyester paint available in 10
standard colors
• Consult factory for custom finishes
s
.P0hl olioerectric �.tI 1 ,t
1 ' 70:277 up
r - .
P, R; photo ieCe l,atIe I r 1
. , p , Voss [8��,
SF; � stle fuse 1
s•
•
tS. r fd Uto(f shield •
411, 'round p adapter for 4"'0,D, polo
S�RPkY d pule odapier for 5' 0.D. pole
VG,:pc f ycarbonate vandal guord .
QZ : Oat standby
'.J '.J v 4
Opf lohol stripe'
1 color for (EMU'
r 1,
11 1'cs :wh�ie
B CS; black[
OCS: otllor
LI L.. u (_tJ L uuu r ( i Li + t
8
Tenon
(2 318' 0.D.)
H7(I f ,Gho{e
r!' l With, Cover
Bala Dela�E
8
ROUND STRAIGHT STEEL PALES
Nom,
Hoight Order
Ft. Number
70
Allowable EPA
Wind Velocity
wt.3 gust
Shaft Siva
Anctlor wt./
B0 90 106 Dim Ga Bolt Size t.bs,
10 10- RSP-4,5 29 22
12 12- RSP -4.5 22 17
- 14 14- RSP -4,5 18 14
.. 16 16- RSP -4,5 , .....
18 l a- RSP -4,5 13 9.5
29 20•RSP -4,5 11 6
. 20 , , 20~RSP -6 4S - 37
25 ''25-RSP -6 . . 33 _._. 25
30 30-RSP -6 24 18.5
NOTE: Specify Color.
All pains provided with powder paint finish,
All poles are furnished with anchor bolts, double nuts, and base covers.
For ordering information on options & receptacles, see page 16.
ROUND STRAIGHT STEEL POLES4AD
All poles required for Tennis Court liOhting, specify .. less tenon."
Refer to pages 13 and 14 for Tennis Court brackets,
ROUND STRAIGHT STEEL POLES -TENON
NOTE: Specify Color.
Ail pores providedt with powder plaint finish.
All poles are furnished wfm anchor bolts, double nuts, and base covers,
For ordering Information on options & receptacles, see page 16,
Fixture EPA is computed at 2' above top of pole, For fixtures above 2', consult fac1Ory,
17.5 14.5 4.5 ,12 31415 67
13.5 11 4.5 ,12 3/4x15 76
11 ,. • 9 ' 4,5 7 .12 314x15 89
. 9 7 _, .4.5 , .._.t2 314 x 15 , 100
7.5 ..... _ 6.. 4.5 .12 314 x30 118
6 4,5 4,5 .12 314 x30 129
28 23 6 - .25 ' 3 x 30 . 321
183 .... 15.5 6 . ,.25 1x36 ,.414
13.5 10 6 .25 1 x 36 401
Allowable EPA
Nom. Wind Velocity
Height Order - wt1.3 guxt Shaft Size , Anchor 1 4.E
F1, Humber 70 BO 90 100 Dim 1 Boll Sin Lbs.
10 . 1 0- RSPP -4 27 21 16 13 4 .134 3/4 x 15 68
12 12- RSPP -4 20 15 12 9 4 .134 3/4 x 15 78
14 ... 14-RSPP-4 ` 16 . —11. , ...P, 9 - 7 - 4 ' '.131 314 x 15 . 80
, . . _ 1 6 . . . 16- RSPP -4 , , 1 2 . ....9. 7 , ,, 5 ... ..4 , .134 314 x 15 100
10 16- RSPP -4.5 14,5 11 8,5 6.5 4,5 .12 3/4 x 15 101
18 18 - 11SPP - 9 7 4 3 4 .131 311 x 30 110
..
18 ' 18- RSPP -4,5 ' ... 12 9 . • 7 5,5 '4.5 • I. .12 3/1 x30 1113
,,2D .., 20- RSPP -4 . ... 8 , 5 , 3 2 . . 4 .134 3/4z30 121
20 20•RSPP -4.5 10 7.5 5.5 4 4.5 .12 314 x 30 129
20 20 -5 20 15 11 9 5 .18 314 x 30 202
20 • .. 20- RSPP -6 . .,.. 43 33 • • 25 • 20 6 ,25 314 x 30 3 ?,5
26 25 -RSPP _.. ,1 13 . 1 . 7.5 5 ... 5 ,18 1 x 36 262
25 25- RSPP -6 30 23 18 • 14 6 .25 1 x 30 415
30 30- RSPP'6 22 17 12.5 9.5 6 .25 1 x 35 402
HATE: Specify Color.
Ail poles provided with powder paint finish.
Alt poles are furnished with anchor bolts, double nuts, and base CoverS.
For ordering information on options & receptacles, see page 16,
Fixture EPA Is computed at 2' above top of pole. For fixtures above 2', consult factory.
Shalt base Anchor
Nom, Atlnrabte E.P,A. Site Detail Bolt
- •-- -�.. -� -- -- ---�. - - Size 1�t,1
He1Uder wnnQ °° 1" Ba
Ft. Ei1 W 70 �3 gust 8B WI 90 VuJocIty 100 (ire,) (Iii.) (in.) Dela ll (in j IbS,
10 10 -RRS -21 27 21 15 13 4 e 5/8 A 314x15 63
12 12 - RRS - 20 15 12 9 4 4 518 A 314x15 78
‘. 14 14- RRS.11 ' 16 11 9 7 4 4 518 A 314x15 88
. 1 6 16•RRS -9 12 ... 7 . 5 4 4 5r8 A 314x15 100 ;
18 18- RRS -7 9 7 4 3 4 4 5/8 A 311 x30 110
20 20 - RRS -5 6 5 3 2 4 4 5/8 A 31.1x30 121
20 24- RRS•12 ' 16 12 - ' 9 8 4,5 4.5 314 B 314x30 2137
Agenna 25 , 25 -HAS-7 . 10 7 .. 5 4 4,5 4,5 31 B 1x35 253
Eau. l)alaiS 30 30•ftRS -5 7 5 3 2 4.5 4,5 3,'4 o
x 1x35 304
U L.W LV 1 UVU rn-Li V"2 ' 1 .l 1 11
2'- Q' HIGH
6'--o'` i1 N.
DEPTH OF POE BASE
J TERMNED 13'r HEIJHT
OF POLE.
2I -0" MIN.
\J1 LLJ1)1 U LL 1 u 1 LV�.Ii�Lw
1001
=111
e
4
POLE BASE DETAIL
HO SGALE
ANCHOR FOL T SPACING
S
DETERMINED Br POLE
MANUFACTURER.
R.
co' `Y► i E t+ A5E .
CAE.
GRouND RED
5/61x 101 -011 COPPER WELD.
REINFORGlN3 ROPS
4 W'co1 R
L 1 14 TIES AT 16' Q.G.
DEPTH OF BASE.
ANCHOR. BOLTS FB.O.
NO54711Cd.
K111311'01 1,11 ValCKTIEV.2,
A.111311VIT
VA oip
11 4 rfr
- kur:40AvifilmucAmor*T4igino.
At
• ■••••.•••■•••■•••••••••••• • .• •
•
ri
D
VALL,wmt rgrA,
ni1.1,15
latrAte. CdSn
)31suf Mare°
A '
ct.:A ft K\
onsirmirialitiMINISMINEBEIWIMINIEBNIFIRrirffilliVENEEINEEIMEMININVIR
Mr
1111 11T
1111
L
I
3,1A1135 77150d FM
ELLVIS aiuNn
Svr.....7.
CY-
tifid adVOS1Y1
ec,CLZ .
10,C. 1.141
atSI Aire W.5
P. •
FY"'
ow
6111111E1111610
-us MUMS' 7171.50d
.-0 LI IC“C6
:Ciad?t"aj szunsaaliNn
I
to 1.1 0097
SNOU.W.313
4D
4D
4D
4D
a
4D
CUM 54 S25:1
a
g r
11
10'9V
1 I
"
16,
•
NOSE Trio! —
/wally 4 II
)1/4.1.2114.1 VII Jets tsi
a4001
ueusneD
1111111111•11111111---
VA:ENZSI
taLvm adaii
//41.2Cik, ,1 , ocr •es ' 9 0.1
3)1111135 7VISOd
S aLVIS aiuNn
Amp
-now &i.x
rikiimanowimmor
WILL •P I WI
.1 •
NY14 1V0.0313