HomeMy WebLinkAbout2014-09-23 CC Packet Enclosure - Developers Agreement Approval 11
Oak Park Heights
Request for Council Action
Meeting Date Sentember 23g 2014
Time Required: 5 Minutes
Agenda Item Title: Approve Developer's Agreement—Palmer Station development—13
single family units.
Agenda Placement New Business
Originating q . i . ; _4I ,1 Ci Administrator
Requester's Signature_
Action Requested Discussi' 'ossible Approval
Backgroumd/Justificat ion(Please indicate if any previous action has been taken or if other public
bodies have advised):
As part of the City Council approval resolution for the Palmer Station development proposal a
final Developer's Agreement must be approved by the City Council.Attached is a draft of that
proposal as developed by the City Attorney.
There are some key elements to note:
1. The Developer(or its assigns)of this development will be required to maintain all ponds
now and in the future.
2. The Agreement requires the Developer to pay(and convey easement to the City)for the
required storm sewer line connecting the private storm systems to the City's storm
systems lying off-site to the south.
3. There have been some small amendments to the proposed plat adjusting some of the lot
lines;there still remain 13 lots;please see the memo from Scott Richards as enclosed
dated 9/18/14.
At this time staff does recommend and asks approval of this Agreement,subject to any
final revisions of the City Attorney,
Page 83 of 120
TPC3601 Thurston Avenue N,Suite 100
Anoka, MN 66303
Phone:763.231.6840
Facsimile:763.427.0620
TPC @PianningCo.com
PLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: September 18, 2014
RE: Oak Park Heights—Palmer Station—Property Subdivision —
Preliminary/Final Plat Approval— 13999 60th Street North.
TPC FILE: 236.02— 14.02
BACKGROUND
The City Council approved the Preliminary and Final Plat for a 13 lot subdivision on the
Palmer property, 13999 60th Street North, at their July 24, 2014 meeting. The property
is south of Oak Park Boulevard, and east of Oakgreen Avenue North. The application
consisted of requests for Rezoning, Planned Unit Development/Conditional Use Permit
(PUD/CUP), and Preliminary/Final Plat approvals.
Since that meeting, the Applicant has received approval from the Middle St. Croix
Watershed Management Organization. A part of those approvals, the Watershed
Management Organization allowed the ponds as designed to be slightly reduced in size.
The net gain in buildable area is approximately 20 feet and affects the lots on the east
side of Oak Cove North. The Applicants has proposed a minor change in the lot lines.
When comparing the two plats, the only noticeable difference is that the width of Lots
10, 11, 12 and 13 change slightly along the street frontage.
The City Council will consider the Developer's Agreement for Palmer Station at their
September 23, 2014 meeting. As part of that review, the City Council should also
consider this minor change to the Final Plat. Staff would recommend approval.
Exhibits
Exhibit 1: Palmer Station—Final Plat—Approved July 24, 2014
Exhibit 2: Palmer Station —Final Plat— Revised
Page 84 of 120
CONCLUSION 1 RECOMMENDATION
The City Council should consider and approve the revised Final Plat for Palmer Station
subject to the same conditions found in the resolution approving the Palmer Station
adopted by the City Council on July 24, 2014.
pc: Mick Lynskey, Nick Hackworthy Steve Johnston, Julie Hultman
2
Page 85 of 120
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CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
DEVELOPER'S AGREEMENT
PALMER STATION
THIS AGREEMENT, made and entered into this day of , 2014, by and
between the City of Oak Park Heights, a municipal corporation under the laws of the State of
Minnesota(the"City"),and Creative Home Construction Investments LLC,.,(the'Developer").
WITNESSETH;That:
WHEREAS, the Developer has made application to the City Council for approval of a
subdivision, conditional use permit and zoning district amendment related to land within the
corporate limits of the City,to be platted as"Palmer Station"described as follows:
See Attached Exhibit A
(the"Subdivision");and,
WHEREAS, the City Council has on July 22, 2014, granted approval to the Subdivision,
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,pad elevations,drainage provisions,erosion control provisions and
Page 88 of 120
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:
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
5. The Developer shall not locate its equipment within the right-of-way
of 58th Street 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
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Page 89 of 120
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. Final
landscaping plans must be submitted to the office of the City Planner for
approval.
F. 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 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 dedicate a reasonable portion of this proposed
subdivision as the City Council reasonably determines to the public for
public uses as parks, playgrounds, public open space, trails, or other
conditions as required by the City and as shown on the final plat. In lice of
complete land dedication, Developer shall upon execution of this
Developer's Agreement, pay a park dedication fee now prescribed by
ordinance and/or resolution. The cash park dedication fee for this
subdivision is in the amount of$43,280.00 for this subdivision.
L The Developer shall dedicate and survey the storm water drainage pipe
constructed to connect through the neighborhood to the south of this
development. In lieu of dedication Developer shall convey an easement for
the pipe to the city on an easement deed approved and prepared by the City
Attorney. Storm Water Ponds shall remain privately owned by Developer or
it's assigns. The Developer and property owners shall be responsible for
storm sewer cleaning, holding and pond dredging for all storm water ponds
on site.
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Page 90 of 120
J. 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
K. Drainage and utility easements. 10 foot drainage and utility easements shall
be provided along all lot lines along the platted lots.
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:
The Developer must have the City Arborist or a person under her
designation providing on-site supervision and direction during the clearing
process. Prior to the clearing operation being initiated all clearing limits and
trees to be protected shall be clearly marked.Tree protection fencing shall be
installed and maintained until after grading is complete. All fencing shall be
installed at least 20 feet distant from the trunks of large shade trees
(deciduous) and around coniferous trees no closer than the drip line. Silt
fencing may not be used as a substitute for tree protection fencing. Fencing
shall be orange in color with steel posts at 6-8 foot intervals. The City
Arborist shall be contacted by Developer for an inspection after the fencing
is installed. All tree replacement fees due the City pursuant to the City Tree
Protection ordinance following shall be paid within 10 days following the
Arborists certification of amounts due.
0. 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.
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Page 91 of 120
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:
1. 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.
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Page 92 of 120
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.
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.
2. DESCRIPTION OF PLAN A IMPROVEMENTS ESTIMATED COST
1. Site Clearing $28,000.00
2. Earthwork $96,075.00
3. Erosion Control&SWPPP $22,229.00
4. Storm sewer(private) $17,215.00
5. Utility Protection&Repair $5,000.00
6. Street Protection&Repair $20,000.00
7. Landscaping $49,640.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $238,159.00
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $47,632.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS: $285,791.00
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SECURITY REQUIREMENT(25%) $71,448.00
TOTAL PLAN A ESCROW $357,239.00
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,when appropriate, any other governmental agency
having jurisdiction.
C. Easements. The Developers 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 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. 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. The Developer will fully
and faithfully comply with all tams 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 of this Agreement,
Developer or its general contractor shall provide a Performance Bond to the
City of Oak Park Heights in a form to be approved by the City Attorney,
guaranteeing the performance by Developer of the construction of the Plan
A Improvements in a timely and proper manner. Additionally, Developer
guarantees and agrees that, should the City of Oak Park heights need to
apply a claim on said Performance Bond, that Developer shall pay all
attorney's fees and administrative expenses associated with said action.
E. Surety Term. The Developer shall post a letter of credit (form to be
approved by the city attorney)to secure the timely and proper installation of
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_ I
the Plan A improvements..
4. PLAN B IMPROVEMENTS. The following improvements will be installed by
the City at the Developer's expense according to the following terms and conditions:
1. DESCRIPTION OF IMPROVEMENT ESTIMATED COST
A. Sanitary sewer $84,828.00
B. Water main $84,836.00
C. Street Improvements $110,858.00
D. Storm Sewer $69,595.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN B IMPROVEMENTS: $350,117.00
ESTIMATED ENGINEERING,LEGAL AND
ADMINISTRATIVE(20%): $70,023.00
SECURITY REQUIREMENT(25%) $105,035.00
TOTAL PLAN B ESCROW $525,175.00
2. That prior to the City ordering the installation and awarding the contracts as
it relates to the Plan B improvements and the costs therefor, the Developer
shall deposit with the City of Oak Park Heights, the total estimated cost of
the Plan B improvements for a total of$525,175.00 by way of cash deposit
or posting of a leer of credit (form to be approved by the city attorney).
The City shall pay from said deposit/letter of credit all expenses related to
the construction of the Plan B improvements providing for the construction
of same as follows:
A. 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. Upon
receipt of the first bid tabulation,Developer shall be provided a copy
thereof The Developer shall have the right to immediately notify
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Page 95 of 120
the City of its demand that the City reject all bids. As it affects the
first bid tabulation,the City shall honor the Developer's wish if made
to reject all bids and thereafter proceed to a second bidding on the
project. Subsequent bid tabulations may be commented upon by
Developer but the City may award to the lowest responsible bidder
of the project in the manner provided by law.
B. Escrow. No work shall be commenced under this 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
B improvements plus a security requirement of 25% in the total
amount of $525,175.00. 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 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. In 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 Letter of Credit or other escrow on file with the
City of Oak Park Heights.
C. Plans and Specifications. The Developer 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 release of the bid
specifications by the office of the City Engineer for purposes of
receiving bid on the improvements. The Developers 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. The Developers may recommend rejection of
al 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.
The Developers shall also be provided the opportunity to request that
the City Engineer consider including certain contractors that the
Developer might suggest to be added to the proposed bidder's list.
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Page 96 of 120
Final determination of the proposed bidder's list shall rest in the
discretion of the City Engineer.
D. Ownership of Plan B Improvements. All such improvements as
constructed shall become the property of the City of Oak Park
Heights. The Developer 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.
E. Contracts. All such construction 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.
F. Change Orders. No change order increasing the contract expense
shall be authorized by the City without first notifying Developer of
the change.
G. Estimates. The above estimates are engineering projections only.
Developer shall be responsible for all actual expenses incurred in the
securing and installing of all Plan B improvements. The method of
calculation of such costs shall be as specified by the City Engineer.
H. Connection Charges. All connection charges and fees shall be paid
by Developer. The City Engineer shall compute the connection fee
as prescribed by ordinance/resolution as to this development 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:
Sanitary Sewer $ 15,257.32
Water $ 79,335.36
Storm Sewer $ 7,138.56
Total $101,731.24
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Page 97 of 120
it
5. CASH ESCROW ACCOUNT. The Developer shall provide a cash escrow
account to the City of Oak Park Heights in the amount of $5000.00 to
reimburse the City of Oak Park Heights for previous billed expenses relating
to this development.
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 "Palmer Station" 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,permits may be issued by the City.
C. 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.
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.
1. July 22, 2014 Resolution No._of the City Council for the
City of Oak Park Heights.
2. Planners Reports Dated June 5,2014 and July 3,2014.
3. July 7, 214 Letter to Steve Johnson PE from Eric Johnson
City Administrator.
4. May 20,214 Report from City Arborist(e-mail)
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D. Developer's Agreement Recording. The City of Oak Park Heights
shall file the Developer's Agreement of record in the office of the
Washington County Recorder. Providing that the Developer is not
in default under the teens of the Development Agreement, the City
shall provide appropriate releases to the financial aspects of same
and documentation to individual buyers of lots or mortgage lenders.
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 Performance Bond 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 bonding
company 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. Palmer Station has been designated a zoning classification
of R-1 (Single Family Residential District by the City Council. All
future use 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.5%.
L Landscaping. A final landscaping shall be developed and
implemented on site according to the approved plan.
1. The planting details depicted within the landscape plan shall
implement a lowest branching height to provide a uniform
appearance and to allow clearance for pedestrians, all in a
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manner to be designated and approved by the City Forester.
2. Sodding and Seeding are discussed in the planting notes but
not defined in the illustration plans. The areas of sodding
and seeding shall be identified in a final plan to be submitted
and approved by the City Forester.
J. Lighting. In the future should developer desire to place street
lighting in the subdivision 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.
K. Signaae. Monument signage may be allowed for the subdivision. A
final drawing and identified placement location for the signage must
be submitted to and approved by the City Council.
L. Indemnification:
To the fullest extent permitted by law, the Developers shall indemnify and hold
harmless the City of Oak Park Heights,its agents and employees from and against
any and all claims, damages, losses or expenses, including but not limited to
attorney's fees, arising out of the issuance of this Developer's Agreement by the
City of Oak Park Heights and/or arising out of the performance or non-
performance of its obligations hereunder by Developer.
M. City Council Imposed Conditions. The following conditions have
been imposed by the City Council upon this development as a condition precedent
to approval:
1. The preliminary and final plat, as well as the dedication of easements shall be subject to
the review and approval of the City Engineer and City Attorney.
2. The Applicant shall pay a park dedication fee of 10 percent of the fair market value of the
land payable as specified in the Development Agreement.
3. An easement with the City of Oak Park Heights shall be required to provide access to
Oak Park Boulevard.
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4. An easement with the City of Oak Park Heights shall be required for placement of
the entrance monument sign.
5. Drainage and utility easements along the road/cul-de-sac right of way shall be
increased to 15 feet to compensate for the proposed road right of way width and radius.
6. The Fire Chief,Police Chief and City Engineer shall comment on the proposed street
dimensions and adequacy for emergency vehicle access.
7. The Applicant shall provide a 10 foot easement on the west side of the Palmer
property to be retained by the City for future sidewalk/trail development subject to
review and approval of the City Engineer.
8. All tree removal and landscape plans shall be subject to review and approval of the
City Arborist. There shall be no reduction allowed for the required tree replacement.
9. The proposed wetland buffer impact/mitigation plan is subject to review and
approval of the City Engineer.
10. The street construction plans shall be subject to review and approval of the City
Engineer.
11. The grading and drainage plans shall be subject to City Engineer and applicable
watershed authority review and approval. The City Engineer shall require the installation of a
storm water pipe between 5519 and 5523 Oakgreen Place North to address the 100 year storm
events. The City Engineer and Project Engineer shall continue to resolve any issues with storm
water drainage on the south property line. The City Council determined that the Applicant shall
pay 100 percent of all project costs for the storm sewer improvements.
12. All utility plans shall be subject to review and approval of the City Engineer.
13. The Applicant shall be responsible for capping the well and removal of the septic
systems, cistern and oil tank in compliance with Washington County and if applicable,
Minnesota Pollution Control Agency standards.
14. The City will not maintain the landscaping and monument entrance sign;that will be the
responsibility of the home owners. The City will specify the provisions related to the easement
and maintenance in the Development Agreement.
15. The City Council was favorable to the proposed final building appearance, colors,
materials and the variety of the house plans as part of the PUD/CUP review.
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ICI
16. For emergency vehicle access purposes, parking will be allowed on one side of the street
only, and no parking be allowed within the cul-de-sac.
17. The City Council agrees to the request to reduce the allowable setback on the garage side
of the home to a minimum of 5 feet. The setback to the dwelling portion of the home would
remain at 10 feet. A garage to garage setback would be required to be 15 feet.
18. The applicant shall be required to enter into a development agreement. The
development agreement shall secure site improvements, protection of neighboring
properties, and municipal infrastructure. The development agreement shall be subject to the
review and approval of the City Attorney and City Council.
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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 OAK PARK HEIGHTS
Mary McComber
Mayor
Eric Johnson
City Administrator
STATE OF MINNESOTA )
)ss•
COUNTY OF WASHINGTON)
On this day of , 2014 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.
Notary Public
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In the presence of Creative Home Construction Investments LLC,
Inc
Nick Hackworthy
Its:President
STATE OF MENNESOTA )
)ss•
COUNTY OF WASHINGTON)
On this day of , 2014,before me a Notary Public, within and for
said County personally appeared Nick Hackworthy to me personally known, by me duly sworn did
say that he is the President of Creative Home Construction Investments,LLC, a Minnesota Limited
Liability Company, named in the foregoing instrument; and that said instrument was signed and
sealed on behalf of said Limited Liabiltiy Company by authority of its Board of Governors and said
Nick Hackworthy acknowledged said instrument to be the free act and deed of said Limited
Liability Company..
Notary Public
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THIS INSTRUMENT WAS DRAFTED BY:
Mark J.Vierling
Eckberg,Lammers,Briggs,Wolff
&Vierling,PLLP
1809 Northwestern Avenue
Stillwater,MN 55082
(651)439-2878
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it
EXHIBIT A
LEGAL DESCRIPTION
All that part of the Southwest Quarter of the Northwest Quarter of Section 4 in Township 29
North of Range 20 West of the Fourth Meridian,described as follows,to-wit:
Beginning at the Northwest corner of said Southwest Quarter of Northwest Quarter;
running thence south along the west line thereof 897.2 feet; running thence East and
parallel with the North line thereof 485.52 feet to a point; running thence North and
parallel with the west line thereof 897.2 feet to the north line thereof running thence West
along the north line thereof 485.52 feet to the point of Beginning.
EXCEPT FOR: That property previously convened to Quentin W. Nordeen and Evelyn E.
Nordeen by warranty deed dated April 7, 1959, recorded April 7, 1959 in Book 219 of Deeds,
page 275 which is more particularly described as follow:
All of that part of the Southwest quarter (SW1/4) of the Northwest quarter (NW 1/4)of
Section Four (4), Township Twenty-nine (29) North, Range Twenty (20) West,
Washington County,Minnesota,described as follows:
Beginning at a point on the West line of the Southwest Quarter of the Northwest Quarter
(SW 'A of NW 'A) of Section Four(4), Township Twenty-nine(29)North, Range Twenty
(20) West, Washington County, Minnesota, Seven hundred ninety-seven and two-tenths
(797.2) feet South of the Northwest (NW) corner of said Southwest Quarter of the
Northwest Quarter(SW '/ of NW 'A) Section Four(4); thence South along said West line
of Southwest Quarter of the Northwest Quarter(SW 'A of NW 'A)One hundred(100) feet;
thence East and parallel with the North line of the said Southwest Quarter of the
Northwest Quarter (SW '/ of NW '/) One hundred eight-three (183) feet; thence North
and parallel with said West line of Southwest Quarter of the Northwest Quarter(SW % of
NW %) Section Four (4), One hundred (100) feet; thence West and parallel with said
North line of Southwest Quarter of the Northwest Quarter (SW 'A of NW '/) of Section
Four(4),One hundred eighty-three(183)feet to the point of beginning.
and EXCEPT that property previously conveyed to Jordyce M. Johnson, dated May 10, 1963 in
Book 262 of Deeds,page 346; AND to Simon O. Johnson 1963, recorded October 14, 1963 in
Book 262 of Deeds,Page 346 which is more particularly described as follows:
The North One hundred fifty-three (153.0) feet of the West Four hundred eighty-five and
fifty-two hundredths (485.52) feet of the Southwest Quarter of the Northwest Quarter
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(SW lA of NW 'A) of Section Four(4), Township Twenty-nine(29)north, Range Twenty
(20)West, according to the United States Government Survey thereof
and EXCEPT that property previously conveyed to Allan T. Palmer and Georgann E. Palmer by
warranty deed dated April 20, 1972, recorded April 21, 1972 in Book 316 of Deeds, page 161
which is more particularly described as follows:
That part of the Southwest Quarter of the Northwest Quarter(SW 'A of NW ' )of Section
4,Township 29 N,Range 20 W,described as follows:
Beginning at a point on the West line thereof 153 feet South of the Northwest corner;
thence East parallel with the North line 485.52 feet more or less to intersect the West line
of Tract A of Registered Land Survey No. 70; thence South along said West line of
Registered Land Survey 100 feet; thence West parallel with the North line of said
Southwest Quarter of the Northwest Quarter (SW 'A of NW 'A) to the West line thereof;
thence North along the West line 100 feet to the beginning.
TO BE PLATTED AS
{insert lots and blocks}
PALMER STATION
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