HomeMy WebLinkAbout2018-10-18 WC Recorded Document #1256094 - Development AgreementReceipt:# 412335
DAG $46.00
MEM $40.00
Return to:
E - SIMPLIFILE
4844 North 300 West
Suite 202
Provo UT 84604
75565
1256094
111111 VIII VIII IIII IIII VIII VIII IIII IIII
Certified Filed and/or recorded on:
10/18/2018 9 10 AM
1256094
Certificate #: 75563 75564
Office of the Registrar of Titles
Washington County, Minnesota
Jennifer Wagenius, Registrar of Titles
Receipt # 412335
Doc # 1256094 - Additional Certs
DRAFTED BY/RETURN TO:
Kevin S. Sandstrom
Eckberg Lammers, P.C.
1809 Northwestern Avenue
Stillwater, MN 55082
h
THIS AGREEMENT, made and entered into this day of ` , 2018,
by and between the City of Oak Park Heights, a municipal corporation under the laws of the State
of Minnesota (the "City"), and Ridgecrest Oak Park Heights I LLC, a Minnesota Limited Liability
Company, (the "Developer" and/or "Owner").
WITNESSETH:
WHEREAS, the Developer has made application to the City Council for approval of the
planned unit development (PUD), Concept, and General Plan, replatting, conditional use permit
(CUP) for a drive-through restaurant, and design guidelines/site plan, to develop and operate a
multi -tenant retail/services and restaurant uses upon a plat of land within the corporate limits of the
City described as follows:
See Attached Exhibit A
(the "Subdivision"); and,
WHEREAS, the City Council has on June 26, 2018, granted preliminary approval to the
planned unit development (PUD), Concept, and General Plan, replatting, conditional use permit
(CUP) for a drive-through restaurant, and design guidelines/site plan, to develop and operate a
multi -tenant retail/services and restaurant uses on the condition that the Developer enter into this
Agreement stipulating the conditions for the installation of street access, water, sewer and other
public 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 premises and of the mutual promises and
conditions hereinafter contained, it is hereby agreed as follows:
Designation of Improvements: Improvements to be installed at Developer's expense by the
Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements". There are
no public improvements to be installed by the City. Improvements to be installed by the City and
paid for by Developer are hereinafter referred to as "Plan B Improvements".
1. PLAN A IMPROVEMENTS: The Developer will construct at Developer's
expense the following improvements under Plan A according to the following terms
and conditions:
A. The Developer shall do all site grading, common greenway and open spaces,
storm water storage/treatment facilities, 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, pad elevations, drainage provisions,
erosion control provisions and cross sections, as necessary, shall be
submitted to and approved by the City prior to commencement of any site
grading. Any changes to the grading plan during construction shall be
submitted to the City for approval. Each building site must conform to the
grading plan approved by the Building Inspector of the City of Oak Park
Heights prior to a building permit being issued.
B. The Developer shall control soil erosion ensuring:
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. The Developer shall
submit an erosion control plan, detailing all erosion control measures
to be implemented during construction, said plan shall be approved
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 development. Appropriate control measures as
required by the City Engineer shall be installed prior to development
and as may be necessary to control erosion.
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.
5. The Developer shall not locate its equipment within the right-of-way
of Norell Avenue or 60th Street N. as acquired by the City of Oak
Park Heights adjacent to this development without the express
written consent of the City Engineer.
C. The Developer shall place iron monuments at all lot and block corners and at
all other angle points on boundary lines. Iron monuments shall be replaced
after all street and lawn grading has been completed in order to preserve the
lot markers.
D. The Developer shall be responsible for maintaining the location of and
protecting curb stops, water services and sewer services. Any service or
K
curb stop damaged shall be repaired or replaced as specified by the City.
The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading) or driveway surface. Upon
completion, the onsite facilities including watermain, hydrant, sanitary sewer
and storm sewer that serve the site shall be private and maintained by the
Developer and Owners.
E. The Developer shall be required to provide landscaping and screening as
determined by the City and as required by the ordinances of the City. Final
landscaping plans must be submitted to the office of the City Planner and
City Arborist for approval.
F. The Developer shall be responsible for adjacent 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. The repair of any damage done to the streets or public
utilities by Developer or any of its contractors or subcontractors, shall
remain the financial responsibility of the Developer.
G. The Developer shall furnish site lighting in accordance with the City
Ordinance requirements pursuant to a plan which must receive the approval
of the City Planner.
General Requirements:
H. The Developer shall not be required to pay any park dedication fees, because
such fees were duly paid pursuant to prior development of the site.
I. The Developer shall own, maintain, and repair all drainage and storm water
storage and treatment facilities as required by the City and to be shown on
the final plat. The Developer shall provide a final as -built survey of all
storm water facilities. The Developer shall be responsible for storm sewer
cleaning and storage/treatment facility maintenance and cleaning, as
required, by the City prior to completion of the development. The City shall
be entitled to inspect all stormwater facilities, including underground
storage, at least annually. Capacity will be considered inadequate if
sediment has decreased the storage volume by fifty percent (50%) of the
original design volume, and Developer/Owner shall be required to remedy
any such inadequacy and ensure that the stormwater management devices
continue to operate as designed. Inlet and outlet structures shall be cleared
of any flow impediments. Accumulated debris and sediment will be
removed within two weeks of inspection date for minor removal or three
3
months for major removal. Any structural damage impairing or threatening
to impair the function of the facilities shall be repaired by the Owner or at
the Owner's expense within three months of inspection date.
The Developer shall be responsible for securing all necessary approvals,
PUDs, CUPs and permits from all appropriate federal, state, regional and
local jurisdictions prior to the commencement of site grading or construction
and prior to the City awarding construction contracts for public utilities. The
Developer shall secure the appropriate MnDOT access permits for the two
accesses onto the MnDOT Frontage Road.
K. Drainage and utility easements. 5 foot drainage and utility easements shall
be provided along all lot lines on the site.
L. Wetland Designation. All areas classified as wetlands shall be displayed
upon the plat and those so specified by the City Engineer shall be dedicated
to the public for that purpose.
M. Tree Protection and Clearing: [deleted]
O. Warranty of Title.
By its execution hereof Developer hereby warrants and represents that it has
the exclusive and marketable fee title to the subject property. Developer
further warrants and represents that there are no liens or encumbrances
against the title and that it is fully authorized to execute this agreement as the
fee owner of the subject lands.
P. Fire Hydrants.
All fire hydrants throughout the development shall incorporate an AFC-
Waterous Storz Nozzle. The hydrant pumper nozzle shall be of one-piece
design, compatible with a five -inch Storz hose coupling. The nozzle shall be
an integral part of the fire hydrants and must be furnished by the
manufacturer or authorized distributor designated by the manufacturer. Storz
adapters will not be accepted.
Q. Utility Locations in City Right of Way.
In order to maintain compliance with regulations promulgated from the
Minnesota Office of Pipeline Safety the developer, its contractors,
subcontractors, and agents shall comply with the following requirements:
All right of way work shall require an application with a plan that
shall be submitted for city review prior to any work performed in
the right of way areas.
2. The layout of utilities, including depths, off -sets and materials shall
be documented during construction and confirmed with city staff
during the installation process.
3. Single family residential lots are required to submit an accurate tie
card showing the utilities installed and measurements from fixed
objects (corner of house, fire hydrants, etc.) to the curb stop,
location pins, clean outs and tie in points for all utilities.
4. Multi -family and commercial lots must provide, in addition to the
above, professional as built drawings confirmed by field survey,
showing the required information. In addition, Engineering grade
GPS coordinates in the Washington County coordinate system
shall be supplied by the builder. These will allow the coordinates
to be electronically incorporated in to future city mapping.
5. All installations will require pins be installed directly above all
utility lines where they cross lot lines. A corrosion protected trace
wire shall be installed six inches below final grade directly above
all new utility installations at a minimum through the right of way.
The trace wire and tail shall be terminated in a capped vertical
conduit that is within two inches of the final grade and pin located
at the lot line.
6. The Developer shall hold harmless and indemnify the City of Oak
Park Heights from any and all loss or damage resulting from its
failure to comply with these requirements including but not limited
to expenses the City incurs in correcting errors in information
provided by Developer its agents or contractors or remediating
problems resulting there from in the right of way.
7. Upon failure to provide full documentation as required the City
shall notify he Developer who shall have 30 days to secure full
compliance. Failure to comply will result in the work being
assigned by the City to an outside professional for completion of
the necessary work. Any costs incurred in resolving these
requirements shall be assessed to the property or offset from
security required under this agreement.
8. City staff shall document the time and materials required to review,
confirm and accept the installation documentation and shall
invoice Developer for the costs based on the actual work involved
or on a fee schedule adopted by the City Council.
5
P. Underground Installation of Electrical Distribution Lines. Pursuant to City
ordinance Chapter 1008 all electrical distribution lines located or to be
located upon the site shall be installed and maintained underground. As to
those areas of the City where existing distribution lines are within the
Right or Way of TH 36 and impacted by the proposed reconstruction of
Highway 36 as part of the future St. Croix River Crossing Project the City
will allow the Developer to request delay in the installation of
Transmission (as opposed to service) lines provided the Developer signs
the City form for permitting future installation as part of that project and
commits to the payment of any local share of the future installation costs
(i.e. being those portions not paid by MNDOT relative to the subject
parcel), via special assessment over a 5 year period.
1. Boulevard and swale sod: $5,500.00
2. Landscaping: $32,000.00
3. Street signs: $1,500.00
4. Street lights: N/A
5. Grading/earthwork: $55,000.00
6. Erosion Control: $12,000.00
7. Stormwater Facility/Infrastructure Construction, Protection & Restoration:
$110,000.00
8. Utility Infrastructure Construction Protection & Repair: $80,000.00
9. Street/Parking Lot Protection & Repair: $2,500.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $298,500.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (10%): $29,850.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $328,350.00
SECURITY REQUIREMENT (25%): $82,087.00
2
TOTAL. PLAN A ESCROW: $410,437.00
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
(plat name)
A. Construction. The construction, installation, materials and equipment shall
be in accordance with the plans and specifications approved by the City.
B. Inspection. All of the work shall be under and subject to the inspection and
approval of the City and, where appropriate, any other governmental agency
having jurisdiction.
C. Easements. Developer shall dedicate to the City, upon approval of the final
plat, at no cost to the City, all permanent or temporary easements necessary
for the construction and installation of the Plan A Improvements as
determined by the City. All such easements required by the City shall be in
writing, and in recordable form, containing such terms and conditions as the
City shall determine. If within the platted area, all such easements shall be
dedicated to the City and specifically described within the Plat. As it affects
all easements located outside the platted area, the same shall be dedicated by
separate easement conveyed to the City of Oak Park Heights prior to the
execution of the Development Agreement.
D. Faithful Performance of Construction Contracts and Security. The
Developer will fully and faithfully comply with all terms and conditions of
any and all contracts entered into by the Developer 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. No work shall be commenced
under this Developer's Agreement until the Developer 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 A improvements plus an additional security requirement of
an extra 25% in the total amount of $410,437.00. The City shall have the
right to apply against the deposit or Letter of Credit all bills incurred by the
City with regard to the Plan A improvements, however, the City shall
provide the Developer 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 the Developer. hi such case, the Developer shall have 10
business days from the time of submission of the bill by the City to the
Developer 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 deposit or
7
Letter of Credit or other escrow on file with the City. Additionally,
Developer guarantees and agrees that, should the City need to apply a claim
on said Deposit or Letter of Credit, that Developer shall pay all attorney's
fees and administrative expenses associated with said action.
Developer shall be entitled to periodic reductions of the Letter of Credit or
partial refunds of cash deposit on a proportional basis as the work on Plan A
Improvements progresses. Periodic reductions/refunds will be issued within
fifteen (15) days based upon Developer's submitted estimates of the quantity
of work completed to date and documented as being paid by Developer to its
contractors, subject to a final retainage of 10% of the total deposit/Letter of
Credit, to be retained until final completion, final inspections, and
certification by the City Engineer that the Plan A Improvements are
complete.
E. Letter of Credit. Any Letters of Credit (LOC) to secure the project
completion must be provided and must meet the following criteria.
i. The City will provide its preferred sample LOC format. Variations
from this sample may cause delay in the acceptance of the LOC by the City.
Delay in acceptance may cause a delay in the approval process for your
project.
ii. The LOC must be drawn on a bank. The LOC is preferred to be from
a bank in the seven (7) county metro area. LOCs on a bank outside the metro
area must include a provision allowing for drawing on the LOC without
presenting, or sending the original LOC. LOCs for less than $ 25,000 must
also include a provision allowing for drawing on the LOC without
presenting, or sending the original LOC. If a LOC is drawn on it will be
returned to the originating bank after funds are received.
iii. The bank must submit a copy of their latest call report along with the
LOC.
iv. The bank the LOC is drawn on should have assets of at least $25
million.
V. The LOC must be for a minimum term of one (1) year.
vi. The LOC must contain a provision allowing for drawing on the LOC
if it is not renewed, or replaced, by sixty (60) days prior to its maturity.
vii. The LOC and any financial information must be received by the City
not less than seven (7) days prior to the City Council taking action on the
request.
viii. The City reserves the right to request additional financial
information it deems appropriate from the bank providing the LOC. The
City reserves the right to now accept a particular LOC.
ix. Letters of Credit will not be accepted from a related company, i.e.,
parent company, subsidiary, if the builder/developer is a subsidiary company
the LOC cannot come from another wholly owned subsidiary of that parent
company. Builders/developers submitting LOCs from non-bank institutions
will be required to submit a letter from the institution confirming that it is
not related to the builder/developer.
4. CONNECTION CHARGES. NOT APPLICABLE
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of $5,000.00to
reimburse the City of Oak Park Heights for previously billed expenses
relating to this development. The balance of the cash escrow account shall
be immediately refunded to the Developer after the City's expenses have
been reimbursed.
6. GENERAL:
A. Binding 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. References herein to Developer, if
there be more than one, shall mean each and all of them. 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 the Developer.
B. Final Plat Approval. The City has given final approval to the plat of
the Subdivision (Ridgecrest Oak Park Heights I_) found in Exhibit B
upon execution and delivery of this Agreement and the review and
approval of the Final Plat and further land transfers contemplated
herein, and of all required documents and security, subject to
compliance with the Ordinances of the City and terms and provisions
hereof, permits may be issued by the City.
C. Incorporation of Reference. All plans, special provisions, proposals,
011
specifications and contracts for the improvements furnished and let
pursuant to this Agreement shall be and hereby are made a part of
this Agreement by reference as fully as if set out herein in full.
Specifically the following Planning Reports and Engineering files
and final documentation approved by the City Planner and the City
Engineer are specifically incorporated by reference herein and
included herein as if originally made part of this agreement:
City Planner Report dated 06/07/2018 and all exhibits thereto;
City Resolution of Approval No. 18-06-24 dated 06/26/2018 and
all exhibits thereto;
City Arborist Report dated 06/06/2018;
City Engineer Report dated 06/21/2018 and all exhibits thereto;
Final Plat of Ridgecrest Oak Park Heights 1;
Declaration relating to stormwater management system
D. P.U.D. Permit. The City of Oak Park Heights shall file the Planned
Unit Development Permit of record in the office of the County
Recorder. Providing that the Developer is not in default under the
terms of the Development Agreement, the City shall provide
appropriate releases to the financial aspects of same and
documentation to individual buyers of lots.
E. Administrative and Miscellaneous Expenses. As to any and all
administrative, legal or engineering costs which the Developer is
expected to pay to the City of Oak Park Heights, which costs may be
offset against the deposit or Letter of Credit which the Developer has
filed and provided to the City of Oak Park Heights, the Developer
shall be given the opportunity to review and comment on such costs
prior to the application by the City of Oak Park Heights to the Letter
of Credit issuer for the payment of same. Should the Developer
dispute the reasonableness of any of the City's charges, Developer
shall have the right to submit any such dispute to arbitration at
Developer's sole and exclusive expense. Arbitration shall be
conducted by the American Arbitration Association and shall be
initiated and paid for by Developer
F. Establishment of Construction Schedules. The City Engineer shall
establish construction schedules for Plan A and Plan B
improvements and shall consult with Developer prior to establishing
same.
G. Zoning. Ridgecrest Oak Park Heights I Addition has been designated
a zoning classification of PUD by the City Council. All future use
10
and development shall comply with the applicable provisions of the
relevant zoning ordinance of the City of Oak Park Heights relating
thereto.
H. Street Grades. The grades of all streets shall not exceed 8% and the
minimum grade shall not be less than 0.5%.
I. 60th Street Reroute.
The City has agreed to transfer a portion of its properties
along 60th Street to the Developer, being within the
delineated Lot 1 in the final plat. The City shall be a co -
applicant with Developer to add the City's properties into the
plat (found in Exhibit B) for re -platting purposes. In
exchange, the Developer shall transfer property from its
parcels to the City for purposes of a proposed street rerouting
project. Upon finalization of the plat, Developer shall
quitclaim and transfer to the City, in fee title, all of
Developer's right, title and interest in Outlot A and Outlot B
as identified on the final plat. City shall quitclaim and
transfer to the Developer all of City's right, title and interest
in Lot 1 and Lot 2 as identified on the final plat, and as
further delineated on the attached Exhibit B.
2. Developer understands and agrees that the City reserves the
right to remove and eliminate any and all landscape planting,
parking lot or other infrastructure in that area as necessary to
accommodate the street rerouting project, without any
additional compensation or consideration to Developer or
any future owner of Ridgecrest Oak Park Heights I. In
consideration for the foregoing, the City has agreed to
subdivide and transfer to Developer a portion of the City's
property adjacent to the existing 60th Street consisting of
approximately 19,040 square feet, as further delineated on
the proposed Plat attached as Exhibit B.
3. The City and Developer shall enter into any separate
purchase agreements and execute quit claim deeds needed to
effectuate these transfers.
4. Both parties shall further permit incidental and reasonable
temporary construction easements across their respective
lands to facilitate the construction of Developer's
development and to facilitate the construction of future road
11
improvements by the City. Any physical damages to the land
resulting from such encroachments shall be fully repaired
and restored by the encroaching party.
5. Upon the receipt of a cash deposit of $20,000, the City will
permit the construction of the Owner's proposed
development upon lands the City now controls prior to the
finalization of any plats, quit claim deeds or land exchanges.
The Developer and/or Owner shall be required to complete
any all documentation, land corrections or transactions so
required by the City to complete the requirements outlined in
this Agreement. Failure to complete any documentation and
required act as required by the City shall result in the
Developer and/or Owner forfeiting the cash deposit after a
thirty (30) day cure period up to the total amount of damage
incurred by the City due to such failure and the Developer
may be subject to further claims from the City. Such funds
deposited shall be immediately refunded upon completion of
land transfers
J. Phase I Development.
1. Developer's Development is approved for Phase I of the
Ridgecrest Oak Park Heights I. This phase includes the construction
of a building for the 4,500 sq. ft. Panera Bread restaurant illustrated
on the approved concept plan and the 6,720 square feet of generic
retail building(s) also provided for on the approved concept plan.
2. A parking cross easement document, incorporating language
that parking fields and spaces shall be available to both private sites
and not solely dedicated to one parcel, shall be prepared and
recorded by the Owner within 60 calendar days of the recording of
the Final Plat. Such document shall be recorded against the deeds of
all private parcels.
3. A stormwater drainage management plan and declaration
shall be prepared and recorded by the Owner upon all private
properties in the development within 60 calendar days of the
recording of the Final Plat. Such declaration shall specify and require
management, inspection and maintenance of the common
stormwater drainage systems by the Owner and its successors,
including but not limited to: use and access, continued maintenance,
and process for repairs and/or replacement. Such facilities shall not
become the responsibility of the City. Such document shall be
12
recorded against the deeds of all private parcels.
K. Handicapped Parking. Location of disability/ handicapped stalls
shall be made more efficient with regard to serving all of the areas of
the proposed facility.
L. Landscaping. A final landscaping plan shall be developed and
submitted to the City Planner by Developer. In addition the
following modifications to the landscape plan shall be implemented
subject to final modifications by the City Planner:
Conforming the landscaping plan to the planting schedule.
2. All trees must be landscape grade trees and not park grade
trees.
All plantings must be done on private property and not the
City right of way.
M. Trash Receptacles. Trash receptacle areas have been designated on
the site plan for the buildings. All tenants of the building will be
required to utilize these trash receptacles or will be required to store
trash internally.
N. Lighting. Developer must submit a lighting plan to the City Council.
A photo -metric lighting plan shall be submitted and subject to
review and specific approval of City Staff and City Council. All
lighting shall be hooded and controlled so as not to direct light
source to adjacent lands and not to be visible from the public right-
of-way or from adjacent properties in compliance with Section
401.15B.7 of the Zoning Ordinance.
O. Signage. A master signage plan shall be developed by the Developer
and submitted to the office of the City Planner for approval. All
signage shall be conformed to the master signage plan so approved
by the City Planner.
P. Landscape Plan. Any changes to the submitted landscape plan shall
be subject to review and approval of the City Council.
Q. Indemnification: To the fullest extent permitted by law, Developer
shall indemnify and hold harmless the City of Oak Park Heights,
its agents and employees from and against any and all claims,
13
damages, losses or expenses, including but not limited to attorney's
fees, arising out of the performance or non-performance of its
obligations hereunder by Developer.
[signature page follows]
14
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
In the presence of: CITY OF ® IGHT'S
Mayor.,
Eric Johnson" I-'
City Administrator
In the presence o£ RIDGECREST ®AK PARK HEIGHTS I LLC
Its
Its
15
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this 10 day of 0 2018 before me a Notary Public, within and for
said County personally appeared Mary McComber and Eric Johnson, to me personally known,
being each by me duly sworn did say that they are respectively the Mayor and the 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 to be the free act and
deed of said municipal corporation.
STATE OF
COUNTY OF
9-0
MARY SEIGER
NOTARY PUBLIC - MINNESOTA
) ss. My Cany�ssion Expues Jan. 31, 2023
On this day of , 2018, before me as Public, within and for
said County personally appeared ari ,
rn say
to me personally known, being each by me duly swothat they are respectively the
and of
,Ridgecrest Oak Park Heights I LLC, a
Minnesota Limited Liability Company, named i , e foregoing instrument; and that the seal affixed
to said instrument is the corporate seal of s'd corporation, and that said instrument was signed and
sealed on behalf of said municipal c oration by authority of its Board of Directors and said
andorati
_ acknowledged said instrument to be the free act
and deed of said municipal c • on.
Notary Public
INSTRUMENT WAS DRAFTED BY:
Kevin S. Sandstrom
Eckberg, Lammers, P.C. See Afteched
1809 Northwestern Avenue
Stillwater, MN 55082
(651) 439-2878
Jurat Certificate California only
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of
Subscribed and sworn to (or affirmed) before me on this
day of 20-&, by
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Place Seal Here
jIg I go I gglgo I oil IN I NJ I Igo IN 1111011111L
L1 '0
MICHELLE ADRIAN -
COMM. #2111820 52
NOTARY PUKjC - CAUFORNIA 16
WNTEREY COUNTY L
My Goflxnission ExpWes 06/1%WI9
Description of Attached Document
Type or Title of Document
Document Date
Signer(s) Other Than Named Above
DSG 3018 (A (Rev 02-2115)
Signature���'�����
Number of Pages
Exhibit A — To Developer's Agreement
Ridgecrest Oak Park Heights I LLC & City of Oak Park Heights
PID # 05.029.20.21.0025
That part of Lot One (1), Block Two (2), WAL-MART ADDITION, according to the
recorded plat thereof. Washington County, Minnesota, described as follows:
Commencing at the Northeast comer of said Lot 1, Block 2, thence on an assumed bearing
of South 00 degrees 21 minutes 39 seconds West, along the cast line of said Ut 1, a
distance of 337.26 feet; thence North 89 degrees 38 minutes 21 seconds West 23.3'2 feet to
the point of beginning: thence North 10 degrees 05 minutes 16 seconds West 192.99 feet;
thence North 74 degrees 44 minutes 17 seconds West 72.09 feet to the intersection with the
west line of said Lot 1; thence south 0 1 degrees 52 minutes 0^5 seconds East, along said west
line, 208.49 feet to the intersection with a line bearing North 89 degrees 38 minutes 21
seconds West from the point of beginning; thence South 89 degrees 38 minutes 21 seconds
East 96.56 feet to the point of beginning.
PID # 05.029.20.21.0013
Tract B,1 REGISTERED LAND SURVEY NO, 57, according to the plat thereof on file and
of record in the office of the Registrar of Titles in and for Washington County, Minnesota:
EXCEPT that part ofTract B, REGISTERED LAND SURVEY NO. 57, lying northerly of
the following described line:
Beginning at a point on the cast line of said Tract B, distant 129.04 feet south of the
northeast comer of said Tract 13; thence northwesterly to a point on the west line of said
Tract B distant 34.50 feet south of the northwest comer of said Tract B and said line there
terminating.
TOGETHER WITH an casement over, under and across Tract N, Registered Land Survey
No. 57, on file and of record in the office of the Registrar of Titles in and for Washington
County, Minnesota.
PID # 05.029.20.21.0016
Tract 1, REGISTERED LAND SURVEY NO. 57, according to the plat thereof on file and of
record in the office of the Registrar of Titles in and for Washington County, Minnesota.
Together with an casement over, under and across Tract N, Registered Land Survey No. 57,
on file and of record in the office of the Registrar of Titles in and for Washington County,
Minnesota,
17
Exhibit B - To Developer's Agreement
Ridgecrest Oak Park Heights I LLC & City of Oak Park Heights
See Attached Two Pages - Approved Plat
RIDG CR ST OAK PARK HEIGHTS
,°IA
Westwood
RIDGECREST OAK PARK HEIGHTS
-7
Po
T
- - ----------
OUILOT
'All I
V.
A
o BLOCK I
----------
-------- - - ----- --------
2
---------------
L — — — — —
CY
B-
OV77-OT 8
_,A
Westwood