HomeMy WebLinkAbout2004-03-09 Fully Executed Supplemental Dev. Agreement to 03-21-02 D.A.SUPPLEMENTAL AGREEMENT TO THE
DEVELOPER'S AGREEMENT OF MARCH 21 2002
BETWEEN THE CITY OF OAK PARK HEIGHTS,
A MUNICIPAL CORPbRATION UNDER THE LAWS
OF THE STATE OF MINNESOTA (HEREINAFTER, THE "CITY ")
AND ROBERT L. BRACKEY AND JANET M. BRACKEY,
HUSBAND AND WIFE (HEREINAFTER `BRACKEYS ")
WHEREAS, Brackeys and the City entered into a Developer's Agreement on
March 21, 2002 affecting Outlot A of Brackey Addition existing as of that time; and,
WHEREAS, Outlot A of Brackey Addition was subsequently replatted into Lots
1 and 2 and Outlot A of Brackey Second Addition; and,
WHEREAS, as part of the approvals that were obtained relative to the AmericInn
project, the City Council of the City of oak Park Heights on October 25, 1999 granted approval
to the subdivision on the condition that the Brackeys and AmericInn as the other developer enter
into a development contract, stipulating conditions for the installation of private improvements
as well as for development of onsite improvements and other terms and conditions, all in
accordance with the aforementioned development agreement which was subsequently recorded
in the office of the Washington County Recorder as Document No. 3099073; and,
WHEREAS, the pilyvisions of the aforementioned development agreement
contained in part a specific requirement specifying as follows:
"Outlot Development. Except as permitted herein affecting Lot 1, Brackey
Second Addition (formerly part of Outlot A, Brackey Addition), no outlot or
portion thereof is eligible for a building permit pursuant to Section 402.0 1, Subd.
P until the same is replatted pursuant to the ordinances of the City of Oak Park
Heights. No further development on the remaining portions of Outlot A and/or
Lot 2, Brackey Second Addition (formerly part of Outlot A of Brackey Addition)
will be allowed until such time as the Brackeys and the City have agreed in
writing on traffic and circulation patterns to be implemented for the benefit of that
lot and adjacent lots."
and,
WHEREAS, the City Council of the City of Oak Park Heights did on January 13,
2003 confer with the Brackeys and their counsel and have agreed to a plan to implement traffic
circulation within the affected properties referenced above, and,
WHEREAS, the Brackeys do agree to implement the City's selected plan, as
otherwise designated in the later portions of this agreement.
NOW THEREFORE, be it agreed by and between the City of Oak Park Heights
and Robert and Janet Brackey that the terms and provisions of the development agreement dated
March 21, 2000 relative to issuance of building permits and/or allowance of development on
remaining portions of Outlot A and/or Lot 2 of Brackey Second Addition (formerly part of
Outlot A of Bracket' Addition) shall be allowed under the terms and provisions of this agreement
as specified herein;
A. Traffic Circulation Pattern. Traffic circulation shall be regulated as to all
the affected property in the manner provided for within Option 3 of the traffic study completed
by Westwood Prof-essional Services, Inc. dated 12/19/03 in that the property designated for the
proposed Menard's expansion shall be accessible only and exclusively by way of Krueger Lane
via the Menard's site. The remaining (non- Menard's) property along 58' Street located between
the Rainbow Foods and the proposed Menard's expansion (hereinafter "The Site" see attached
Exhibit "A" for the legal description), shall have one access onto 58"' Street with the potential for
having a private access allowing traffic to exit and enter the site from the west between the
Rainbow Foods and Stillwater Ford properties. The west access between Rainbow Foods and
Stillwater Ford shall be a private access and will be pursued by City Staff to obtain the consent
of the current or future owner of the Rainbow Foods site. In the event that a current or future
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owner agrees to allow such private easement access to exist, the Brackeys and/or their
successors, heirs and assigns shall cooperate to execute all reasonable documents necessary to
effectuate a mutual cross easement access allowing access to The Site from Neal Avenue along
the northern border of the Rainbow Foods site. If the access easement is successfully obtained by
thQ City, Brackeys shall incorporate such access into any existing and future development plans
for The Site. Brackeys shall be responsible for all costs associated with constructing such access
on "The Site".
There shall be no access to the AmericInn Motel or Lot 1, or 2, Brackey
Second Addition from 58 Street. All access shall be from 50 Street and there shall be no
private drives or other access allowed to be constructed or located between these parcels and The
Site.
B. Use Limitations. Traffic patterns approved by the City of oak Park
Heights presume and the Brackeys and their successors, heirs and assigns agree that uses to be
allowed upon "The Site" shall not include retail /restaurant or high volume traffic utilizations, but
shall be limited to general pro fessionallbusiness or, professional buildings or other uses which
are consistent with the existing zoning district now established for the area and which generate
tri p utilization rates contained within the ITE Tr' Generation Re arts 7 th Edition 2043, which
would produce less than 11.1 daily rate trip generations per 1,000 square foot of gross leasable
area (business occupiable area). Brackeys, on behalf of themselves, their successors, heirs and
assigns, agree not to request nor propose a use or utilization on that site which would exceed the
trip generation standards provided for herein.
C. By entering into this agreement, the City of oak Park Heights does not
waive relinquish, or otherwise abandon its authority and control over traffic regulation on 58
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Street, road construction improvements, traffic mana practices, turn restrictions or an
other re authorit it has relative to traffic mana alon 58th or 60th Streets. B
execution of this a the Bracke their successors, heirs and assi do not ac an
specific ri of access to 5 8th or 60th Street, other than that which is provided for herein, nor do
the ac an ri or privile that are in an manner distin from other propert
owners in the area.
D. Consent. B its execution hereof Champion Lod LLC a that its
propert at 13025 60th St., Oak Park Hei MN shall not have or ac a private drive or
access to the south or west of its propert and that all of its business and customer traffic shall
access its propert from 60th St.
IN WITNESS WHEREOF, the parties have hereunto set forth their hands and
seals this da of A 6 12 C 2004.
STATE OF MINNESOTA
)ss.
COUNTY OF WASHINGTON)
On this 4 da of M (tre h ., 2004, before me David Beaudet and Eric Johnson,
to me personall known, bein each b me dul sworn did sa that the are respectivel the Ma
and the Cit Administrator of the Cit of Oak Park Hei the municipal corporation named in the
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fore instrument; and that the seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was si and sealed on behalf of said municipal corporation
b authorit of its Cit Council and said Ma and Administrator acknowled execution of
same, to be the free act and deed of said municipal corporation.
JULIE R. JOHNSON
NOTARY PUBLIC MINNESOTA
WASHINGTON COUNTY
y Comm. Expires Jan. 31, 2005
i v
Notar
(Notar Seal)
A-- A
%Noma%
Robert L. Bracke V
STATE OF MINNESOTA
) ss.
COUNTY OF WASHINGTON)
*Jaet Bracke
On this e. I da of E�ru-4, r V .2004, before me a Notar Public within and for
said Count personall appeared Robert L. Bracke and Janet M. Bracke to me known to be the
persons described in and who executed the fore instrument and acknowled that the
executed the same as their free act and deed.
I'VIAhOAtir-i AiILIN
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( Notar y Seal) " PUB LIC - tvfill NNIE-Sol !A
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STATE OF MINNESOTA
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Its
ss.
COUNTY OF WASHINGTON
On this da of W
2000, before me a red ell
and known to me to be the P6 9 and
of Champion L.L.C. respectivel and the same si the fore
development a on behalf of Champion L.L.C. representin that the had full authorit and
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power on behalf of said entit to do so and affixed their si hereon as their free act and deed
on behalf of said entit A
DAWN M. RODRIGUEZ
MINNESOTA
NOTARY PUB' IC
M Commission Expires 1-31-2005
This Instrument Draft Bv:
Mark J. Vierlin
ECKBERG, LAMMERS, BRIGGS,
WOLFF & VIERLING, P.L.L.P.
1835 Northwestern, Avenue
Stillwater, Minnesota 55082
W
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= '�•. Kf A FA, N.J. % �
EXHIBIT "A"
THE SITE
LEGAL DESCRIPTION
THAT PORTION OF OUTLDT A BRACKEY 3RD ADDITION LYING SOUTH OF THE
NORTHERN STATES POWER LINE EASEMENT