HomeMy WebLinkAbout1987-05-26 CA Ltr to NAC RE Proposed CUP Amendment LAW OFFICES OF I� (`'
ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING
1835 NORTHWESTERN AVENUE
P. O. BOX C 1 �Q Q
STILLWATER, MINNESOTA 55082
16121 439 -2878 G ?
LYLE J. ECKBERG
JAMES F. LAMMERS �� 1
ROBERT G. BRIGGS
PAULA. WOLFF May 26, 1987
MARK J. VIERLING
JAMES I. MOBERG
VICKI L. GIFFORD
Mr. Curt Gutoske
Northwest Associated Consultants, Inc.
4601 Excelsior Boulevard, Suite 410
Minneapolis, Minnesota 55416
Re: City of Oak Park Heights
St. Croix Mall PUD Amendment & Subdivision
Your File No. 798.02 - 86.17
Dear Curt:
Enclosed is a copy of the proposed Amendment to the St.
Croix Mall Planned Unit Development Agreement.
The City has scheduled a hearing on this matter for June
8, 1987, at 7:00 p.m.
You 8" very 4ul
Lyl J. Eckberg
LJE: kf
Enc.
AMENDMENT TO ST. CROIX MALL PLANNED UNIT DEVELOPMENT
AGREEMENT DATED APRIL 18, 1979, AND ST. CROIX MALL
SURVEY FILED AS DOCUMENT NO. 388949 IN THE OFFICE OF
THE COUNTY RECORDER IN AND FOR WASHINGTON COUNTY, MINNESOTA
THIS AGREEMENT made this day of ,
1987, by and between the OAK PARR DEVELOPMENT CO., party of the
first part, hereinafter referred to as "Developer ", and the CITY
OF OAK PARR HEIGHTS, party of the second part, hereinafter
referred to as "the City ".
WITNESSETH:
WHEREAS, the parties hereto have previously entered into
a Planned Unit Development Agreement which is dated the 18th day
of April, 1979, and the developer has also filed a P.U.D. Survey,
which is on file with the County Recorder in and for Washington
County as Document No. 388949 and as Torrens No. 51835, and a
signage P.U.D. dated the 11th day of June, 1984; and
WHEREAS, the parties hereto are desirous of amending
said Agreement because of additional development and expansion of
said Mall.
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows, to -wit:
1. Survey. That the Developer shall prepare, at its
expense, an amended Planned Unit Development survey which must be
approved by the City and the proper agencies and filed in the
offices of the County Recorder and Registrar of Titles as an
amended Planned Unit Development survey. That the signage plan
amending the Planned Unit Development adopted on June 11, 1984,
is reaffirmed and made a part hereof by reference.
2. Parking and Vehicle Circulation. The parking stall
size shall be constructed according to the ordinances of the City
and shall provide fifty -six (56) foot standard wall -to -wall space
to provide sufficient area for better parking stalls and driveway
aisles. There shall be installed concrete islands in place of
striped "no parking" areas. All on -site parking must be of
bituminous surfacing in accordance with specifications determined
by the City Engineer.
3. Lighting Plan. The Developer shall submit to the
City the lighting plan for all parking areas, describing light
location and type of lighting fixture, which :rust be approved by
the City, the City Engineer and the City Planner.
4. Shared Parkinq and Access. The Developer and
tenants /owners of the parcels of land shall enter into an
agreement as to shared parking and access as to all current and
future owners. The agreement shall be approved by the City and
filed in the offices of the County Recorder and Registrar of
Titles in and for Washington County, Minnesota. The agreement
shall also provide that in the event the Developer fails to keep
said parking area in proper repair and maintenance, the City
shall have the right to enter upon the premises contained in this
Planned Unit Development and repair and maintain said parking lot
and assess the cost thereof against the owners of the real estate
as set forth in Minnesota Statutes Chapter 429. The
responsibilities for repair, maintenance and snow removal shall
be set forth in the agreement. The agreement shall also provide
that all snow must be removed from the site, and not stored
thereon.
2 -
4
The City shall have the right to enter upon the Mall
property, parking lots or lot to inspect the same at all
reasonable times. The City shall have the right to order the
Developer, or its successors, to make the necessary improvements
and repairs to said parking lot or lots.
5. Grading and Drainage Plan. The grading and drainage
plans must be approved by the City and the City Engineer. Said
plans must address the storm water drainage and erosion control
during and after construction.
6. Utilities. All utilities must be installed
underground including, but not limited to, telephone, electrical,
gas, water and sewer. Water service to each lot must provide
separate water connections with shut -off valve.
7. Landscaping. The Developer shall provide a
landscaping plan for the green areas within the development, and
the City may require security for the performance thereof.
THE FOREGOING shall be filed in the offices of the
County Recorder and the Registrar of Titles in and for Washington
County, Minnesota, and shall be binding upon all of the assigns
and successors of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this day of
1987.
3 -
OAK PARK DEVELOPMENT CO. CITY OF OAK PARK HEIGHTS
By By
Its Frank Sommerfeldt, Mayor
By By
Its La Vonne Wilson
Administrator /Treasurer
(CORPORATE SEAL) (CORPORATE SEAL)
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this
day of 1987, by
and the and
Of Oak Park Development Co., a
corporation under the laws of the State of Minnesota, on behalf
of the corporation.
Notary Public
(Notarial Seal)
STATE OF MINNESOTA )
ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this
day of , 1987, by Frank Sommerfeldt
and La Vonne Wilson, the Mayor and Administrator /Treasurer,
respectively, of the City of Oak Park Heights, a municipal
corporation under the laws of the State of Minnesota, on behalf
of the corporation.
Notary Public
(Notarial Seal)
4 -