HomeMy WebLinkAbout2002-04-19 CA Ltr to OPH Re Developer Agreement Recording IssueLAW OFFICES OF
Eckberg, Lammers, Briggs, Wolff & Vier ling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, Minnesota 55082
(651) 439-2878
FAX (651) 439-2923
James F. Lammers
Robert G. Briggs *
Mark J. Vierling
Thomas J. Weidner •--
Susan D. Olson
David K. Snyder
Timothy M. Kelley
Ms. Kris Danielson
Community Development Director
City of Oak Park Heights
14168 - 57th Street North
P.O. Box 2007
Oak Park Heights, MN 55082
Dear Kris:
Writer's Direct Dial: (651) 351-2118
April 19, 2002
Re: Sigstad Carpets Developer's Agreement
Recording with Washington County Recorder's Office
Paul A. Wolff
(1944-1996)
Lyle J. Eckberg
Of Counsel
•Qualified Neutral Arbitrator
*Certified Real Estate Specialist
4Qualified Neutral Mediator
Enclosed herewith please find the original documents relating to the above-
referenced matter that were sent to the Office of the Washington County Recorder for recording.
The Recorder's Office has requested that two modifications be made to the submittal packet.
First, Exhibit A has been modified to include the subject property legal description
as it appears in the Certificate of Title.
Second, the notary seal on page 9 notarizing Mr. and Mrs. Sigstad's signatures is
unclear and must be affixed to the page so that it is clear and entirely legible. Please return this page
to the Sigstad's and request that they make this correction. In the event that they would possibly
require a new page for signature and notarizing, I have included a blank page for this purpose.
is corrected.
M.IVidcb
Enclosure
Please return all original documents to this office for processing after the notary seal
Yours very
Mark ierling
Mailing Address:
PO Box 6
Stillwater, MN 55082
T Certificate #
Recording fee 1 Non-Standard fee $
State Deed tax 1 Conservation fee $
Mortgage Registration tax 1 Conservation fee
$
Must use separate documents and checks for part
Abstract & part Torrens recordings
Date of document 1 date in acknowledgment
Drafted by: name & address
Name & address of taxpayer to whom future tax
statements should be sent to
Complete recording information
Complete acknowledgment
Acknowledgment not the same as signature
(First name 1 middle initial 1 middle name 1 title)
Notary stamp/seal/signature
Need original document for recording
Marital status in grantor/ mortgagor 1 acknowledgment
Legal description incomplete i.e.Suppl 1 Add#
Copy not legible for scanning process
REMARKS
WASHINGTON COUNTY
Recorder/Registrar
Home Page - www.comashington.mmusirec
Tract Site - http://156.99.124.146/recorder/rectract.nsf
/M 7,74A-41 ez
Physical Address
14949 62' St N, Suite 280
Stillwater, MN 55082
, 2002
To expedite your recordings we request that you PLEASE LEAVE YELLOW SLIPS ATTACHED when returning your
documents. We regret it is necessary to return the attached for the reason or reasons checked below:
Affidavit of purchaser (Torrens)
Legal description 1 names must match certificate
exactly
Need to reference "Purchase Money Mtg" or need
spouse's signature
Certificate of Title # must be identified on
transmittal 1 correspondence
Need reference of HOW name changed on docume
(i.e. Merger, Consolidation, Articles of Incorporatio
Marital status does not match certificate of title.
Need to file
Well Disclosure Certificate 1 Statement
Wrong county
Incorrect reference #
Returned by Auditor Treasurer, see blue slip attached
AKA everywhere name appears
Exhibit not attached 1 Legal description incorrect
Check not signed
Already satisfied by: Doc. #
Filed on
* Separate checks requested for State Deed Tax/Conservation fee and Mortgage Registration tax/Conservation fee.
*White out or crossing through unacceptable
SIGNED
If you have any questions regarding the return of your documents, please call (651) 430 (Abstract) or (651) 430 (Torrens)
EXTENSION
•
P,,
residing at 6631 North Shnrp Trail
County of Washington
A re now the owner o f att estate; in f ec simple
Tranafg _from_ P. 47Q64. Origjn j1 sgiatete.d_..the Fniirth ray of January, 1 q5
Register of Titles 20, Page 188, Washington County, Minnesota.
STATE o MINNESOTA, certi
COUNT' oo WASHINGTON jg to
. 4., f .=
GERALD M. 8T_C,STAT _ant NTTA A, SIGSTAD, husband and w'i fp
in. the
, and State of
as joint tenants
r j t
of and in. the fo Cawing described Card, situated in. the County of Washington and State of Minnesota:
The West 300.00 feet of the East 1013.00 feet of the North 325.00 feet of the
Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North
Range 20, West, Washington County, Minnesota as measured at a right angle to
the east line and the north line of said Northeast Quarter of the Northeast
Quarter containing 2.24 acres, more or less.
Subject to Trunk Highway 5 (formerly Truck Highway 212) highway easement along
the north line thereof.
'That the said
' 1 u
this Twenty -ninth day o f December , 1999
Proceeding No. 357
that
of
Foract Lake
By
Doc. No. 1087594
. +c1 la the, encarrtivcance , /erne- aral naiad 4 1� ax ,ie art-,• and .sic erl la. dte as z 0...
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7. ` ' f ), aan, e i ti, toriac earl tended secliarxa 01 to 514. (7,
(is 4 i �, of the age of eighteen ears or older,
is under no legal incapacity except an is (g /married; to
,who (iS/L17w) of the age of eighteen years or older and is under no (.egad
incapacity except
In Witness Whereof I have hereunto subscribed my narne and affixed the seal of my office
registrar of ''Tides, in and for the County of Washington an TState of Minnesota
4 /Deputy.
I
Return to: CITY OF OAK PARK HEIGHTS
Eckberg Law Firm SIGSTAD CARPETS
• DEVELOPERS J. Vier ling I3E�EE� ERS AGREEMENT
1835 Northwestern Avenue
Stillwater, MN 55082
1
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
2. rat
THIS AGREEMENT, made and entered into this g day of lif ,
by and between the City of Oak Park Heights, a municipal corporation under the laws of the State
of Minnesota (the "City "), and Gerald M. Sigstad and Bonita Sigstad, husband and wife, (the
"Developer" and "Owners" of the below described lands).
WITNESSETH; That:
WHEREAS, the Developer and owners have made application to the City Council for
approval of a conditional use permit to locate a 4 tenant retail facility on land within the corporate
limits of the City described below representing that they are the owners in fee of the subject
property
(the "Site"); and,
See Attached Exhibit A.
WHEREAS, the City Council has on August 28t 200 1, granted conditional approval to
the project, on the condition that the Developer enter into this Agreement stipulating the conditions
for the installation of street, 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".
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 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,
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
l
construction shall be submitted to the City for approval. The building site must
have a grading plan approved by the City Engineer of the City of Oak Park
Heights prior to a building permit being issued.
B. The Developer 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. 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.
C. The Developer shall place iron monuments at all lot and block comers and at
all other angle points on boundary lines. Iron monuments shall be placed
after all streets and lawn grading has been completed in order to preserve the
lot markers for future property owners.
D. The Developer 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.
The Developer shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading) or driveway surface.
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. A
detailed landscape plan shall be submitted to and require the approval by the
City prior to commencement of final grading and landscaping construction.
F. The Developer shall install entrance signs at all temporary and permanent
entrances and provide other traffic control striping on the parking surface
within the lot as determined to be necessary by the City Engineer. Any
temporary or permanent sign shall be constructed of durable materials to be
approved by the Building Official.
G. The Developer shall remove all diseased trees before building permits will
be issued as to the site. As it affects the removal of dead trees and
vegetation on any individual lot, the same shall be addressed within the
individual grading plan to be submitted to the Building Inspector of the City
of Oak Park Heights. The Building Official shall determine in conjunction
with the City Arborist the need to remove dead vegetation upon the site.
H. The Developer 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 development 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. The Developer 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 the Developer.
I. The Developer shall furnish site lighting in accordance with the City's
lighting ordinance.
J. Developer shall also provide a detailed phasing plan as it affects the
implementation of phase II which plan shall be subject to the review and the
approval of the City Council. The detailed phasing plan shall include plans
for internal traffic circulation on the site, utility extension provisions for
storm water retention and drainage and the timing of development.
K. The Developer maintain and survey all drainage storm water and hold ponds
as required by the City to be located on the building site. The Developer
shall be responsible for storm sewer cleaning and holding pond dredging, as
required, by the City.
L. The Developer shall be responsible for securing all necessary approvals 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 access permits as may be required from MNDOT before proceeding
with construction.
3
M. Drainage and utility easements. 10 -foot drainage and utility easements shall
be provided along all lot lines.
PLAN A IMPROVEMENTS
2. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
1. Boulevard and swale sod $ 3,500.00
2. Boulevard trees $ 3,870.00
3. Street signs $ 300.00
4. Street lights $ nla
5. Grading $ 1,400.00
6. Erosion Control $ 600.00
7. Pond Protection & Restoration $ nla
8. Utility Protection & Repair $ 1,200.00
9. Street Protection & Repair $ 20,000.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (25 %):
TOTAL ESTIMATED COST
OF PLAN A IMPROVEMENTS:
SECURITY REQUIREMENT (25 %) $ 9,646.00
TOTAL PLAN A ESCROW $48,233.50
4
$30,870.00
$ 7,717.50
$38,587.50
3. CONSTRUCTION OF PLAN A IMPROVEMENTS.
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. The Developer shall dedicate to the City, at no cost to the City,
all permanent or temporary easements necessary for the construction and
installation of the Plan A and Plan B 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.
D. Faithful Performance of Construction Contracts. 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. Concurrently with the execution hereof by the Developer,
the Developer will furnish to, and at all times hereinafter maintain with the
City, a cash deposit, certified check, or an Irrevocable Letter of Credit, based
on one hundred and twenty-five percent (125 %) of the total estimated cost
of Plan A Improvements as indicated in Section 2. An Irrevocable Letter of
Credit shall be for the exclusive use and benefit of the City of Oak Park
Heights and shall state thereon that the same is issued to guarantee and
assure performance by the Developer of all the terms and conditions of this
Development Agreement and construction of all required improvements in
accordance with the ordinances and specifications of the City. The City
reserves the right to draw, in whole or in part, on any portion of the
Irrevocable Letter of Credit for the purpose of guaranteeing the terms and
conditions of this Agreement. The Irrevocable Letter of Credit shall be
renewed or replaced by not later than thirty (30) days prior to its expiration.
E. Reduction of Escrow Guarantee. The Developer may request reduction of
the Letter of Credit or cash deposit based on prepayment or the value of the
completed improvements at the time of the requested reduction. The
amount of reduction will be determined by the City and such
recommendation will be submitted to the City Council for action.
Following any payment for a Plan A improvement which is within the
Engineer's estimate, the City may consider and allow a reduction of the
Letter of Credit up to the rate of $1.25 for every dollar that has been paid out
5
of the escrow/Letter of Credit provided that the project is on schedule, the
Developer is not in default under the terms of the Development Agreement
andlor no extraordinary expenses beyond the engineering estimate have been
incurred during the course of the project.
4. Connection Charges. All connection charges and fees shall be paid by Developer
upon execution of this agreement. The City Engineer has computed the connection
fee as prescribed by ordinance /resolution as to this development and advised the
City as to the appropriate fee to be collected. As it affects this development, the
City engineer has calculated the total sanitary, water works and storm sewer
connection charges to be in the amount of $32,639.00. No building permit shall be
issued until this amount has been paid.
5. GENERAL:
`AL:
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 Development and all recording fees, if
any, shall be paid by the Developer.
B. Incorporation of Reference. All plans, special provisions, proposals,
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.
C. The City of Oak Park Heights shall file the Developer's Agreement 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.
D. zoning. This development has been designated a zoning classification of
CBD by the City Council. All future use and development shall comply
with the applicable provisions of the relevant zoning ordinance and design
guidelines of the City of Oak Park Heights relating thereto.
E. Street Connections. All present and future connections of streets within this
"Site" to adjacent lands shall be made under the supervision and approval of
the City Engineer.
6
F. Temporary Access Curbcuts. Developer has been granted a temporary
curbcut and connection to 60 Street by MNDOT and the City. A permanent
curbcut/access for Truck deliveries only off 60 St. will remain. Developer
agrees that upon the City construction of Novak Avenue North along the
property's west border the temporary access to 60 St. will be removed and
permanent access to the site off Novak Avenue North will be constructed at
Developers expense and pursuant to plans submitted to and approved by the
City Engineer.
G. Assessment for Novak Avenue North. Developer and Owners agree that the
City shall construct Novak Avenue North and associated public utilities at a
future time and that the street construction and utilities benefits the land
which is the subject of this agreement. Owners consent and agree at or after
such construction of Novak Avenue North and associated utilities they shall
be assessed an amount equal to fifty percent (50 %) of the total cost of the
street and utility project based on a lineal foot frontage cost of the
improvement adjoining their property, all as shall be determined by the City
Engineer. Owners acknowledge that the city shall have the right to
determine the period of time over which the assessment shall be collected
and the rate of interest that the assessment shall bear.
H. The terms and conditions specified within Planners Report of the City of
Oak Park Heights dated August 2, 2001, Planners Memo of August 23, 2001
and the October 24, 2001 correspondence from the Minnesota Department
of Transportation (copies attached) are hereby incorporated by reference
herein and is made a part hereof and the conditions specified therein shall be
complied with by Developer.
I. Establishment of Construction Schedules. The Developer shall establish
construction schedules for Plan B improvements and shall consult with
Director of Community Development of the City prior to establishing same.
III WITNESS wIIE REOF, the City and Developer have caused this Agreement to be
duly executed on the date and year first above written.
In the presence of:
In the presence of:
hoa 6
GW4cdui
CIT . i F OAK P A ' • HEIGHT
By
Gerald M. Sigstad
Bonita Sigstad
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
On this LP\ da y of cec.embef , 2001, before me a Notary Public, within and for
said County personally appeared David Beaudet and Kim Damper personally known, being each by
me duly sworn did say that they are respectively the Mayor and the Acting 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.
8
D avi • e audet
Mayor
Kim Kamp er
Acting Administrator
MAMA
JULIE R. JOHNSON
NOTARY PUBLIC MINNESOTA WASHINGTON COUNTY
My Comm. Expires Jan. 31, 2005
vvvvavvvvvvvvsAtvvvvvvvsAmAivvvvv
STATE OF MINNESOTA )
: ss.
COUNTY OF WASHINGTON)
On this y of
said County personally appeared
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(651) 439-2878
to me personally known, being each by me duly
"Developer " named in the foregoing instrument.
=� r CYNITH' .
NOTARY PUE31.1
MY COMM►S
EXPIRES JAN. 31, 2uU::
THIS INSTRUMENT WAS DRAFTED BY:
9
on N rek-
, c �
2007k fore me a N• . Public, within and fpr
and
SIASk
did say that they are respeatively the
Washington County GEO Code: 05-029-20-11-0042
Legal Description:
Exhibit A
Sigstad's Mill- Direct Carpets
The West 300.00 feet of the East 1013.00 feet of the North 325.00 feet of the
Northeast Quarter of the Northeast Quarter of Section 5, Township 29 North, Range
20 West, Washington County, Minnesota as measured at a right angle to the east
line and the north line of said Northeast Quarter of the Northeast Quarter containing
2.24 acres, more or less.
Subject to Trunk Highway 5 (formerly Trunk Highway 212) highway easement
along the north line thereof.
STATE OF MINNESOTA )
: 5S.
COUNTY OF WASHINGTON)
On this .1 - clay of
said Comity personally appeared (.; (, r ._....
to me personally known, being each by me duly
"Developer" named in the foregoing instrument. •
CYNTHIA L KNEISL
NOTARY PUBLIC - MINNESOTA
MY COMMISSION
EXPIRES JAN. 31, 2005
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(612) 439 -2878
9
Notary Public
Dcc;L.
CO—
before me a Notary public, within a -d f y r
and 20?)Lt k '
sworn did say that they are respectively the