HomeMy WebLinkAbout[05ai] Coborns - PP/FP & Development AgreementGi7'Y OF i97: Jtlfi~
Council Agenda Item 5 a
MEETING DATE: April 17, 2008
AGENDA ITEM: Coborn's Realty Plan
i. Preliminary/Final Plat and Development Agreement
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission conducted
the public hearing on March 3, 2008 for the Preliminary Plan entitled Coborn's Realty and recommended
contingent approval
PREVIOUS COUNCIL ACTION: The City Council considered the matter on March 20 and tabled action
until the first meeting in April or when the outstanding issues have been resolved.
BACKGROUND INFORMATION: The Planning Commission conducted a public hearing on March 3, 2008
and recommended approval contingent upon the resolution of outstanding engineer items and approval
from Mndot. Since the March 20, 2008 the City has received plat approval from MNdot (plat abuts
Wobegon Trail) and the engineer has reviewed the revised plans. There are two outstanding
engineering items which will be resolved before April 17. Coborn's has also received a copy of the
proposed Development Agreement and staff will work out concerns during the coming week.
BUDGET/FISCAL IMPACT:
ATTACHMENTS:
Draft Development Agreement; Plat
REQUESTED COUNCIL ACTION: Approve the Preliminary and Final plan entitled Coborn's Realty
Company and authorize the Mayor and Administrator to execute the Development Agreement between
the City of St. Joseph and Coborn's and authorize execution of the road certificate for the Coborn's
Realty Plat.
CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
(Coborn's Development)
THIS AGREEMENT, made and entered into this day of , 2008, by and between
Coborn Realty Company Limited Partnership, hereinafter called "Developer", and the City of St. Joseph,
Minnesota., a municipal corporation, hereinafter called the "City".
WITNESSETH:
WHEREAS, the Developer is the Owner of certain Real Property known as Buettner Business Park,
(herein after called the "Property" or "development" or "Development Property") located within the City
of St. Joseph which is legally described as:
Lots 1 and 2, Block 3, Buettner Business Park, according to the plat and survey on file and of
record in the Office of the County Recorder in and for Stearns County, Minnesota, and which is
being replatted as Lots 1, 2 and 3, Block 1, Coborns Realty Company.
WHEREAS, the Developer wishes to develop the above-described property as a unified mixed use
development consisting of the following commercial uses and parcels: a 33,667 square foot medical
clinic on the proposed Lot 2, Block 1; a 41,406 square foot grocery retail superstore on the proposed Lot
3, Block l; and an 18,000 square foot retail/office/restaurant facility on the proposed Lot 1, Block 1. All
proposed uses will meet the zoning requirements of the St. Joseph PUD Ordinance, B-2 Highway 75
Business District Ordinance, and the Highway Corridor Overlay Ordinance.
WHEREAS, the Developer has submitted to the City for approval the preliminary plat drawing and mixed
use PUD plans and drawings listed on Exhibit A-1 and A-2 attached hereto and herein referred to as the
"Project";
WHEREAS, it is the intention of the Developer to replat the above-described property under the PUD
Ordinance, the B-2 Highway 75 Business District Ordinance, and the Highway Corridor Overlay
Ordinance of the City of St. Joseph;
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WHEREAS, the Developer has submitted to the City for approval the final plat for Lots 1, 2, and 3, Block
1, Coborn's Realty Company; and
WHEREAS, the City's Code of Ordinances allows the City to require a Developer Agreement to provide
for inspection and review during the construction project and to set forth obligations of the landowner
after approval of the final plat.
NOW, THEREFORE, in consideration of the mutual. covenants expressed herein, IT IS HEREBY
AGREED AS FOLLOWS:
1.0 REQUEST FOR AND CONDITIONS OF THE PRELIMINARY PLAT AND MIXED USE
PUD APPROVAL
1.1 Request for Preliminary Plat and Mixed Use PUD: The Developer has asked the City to
grant final approval of the Preliminary Plat and Mixed Use PUD for the Project to be
constructed on the Property and to grant final approval of a plat for the mixed use
development which will be called Lots 1, 2, and 3, Block 1, Coborn's Realty Company.
Approval of the proposed plat and mixed use PUD does not constitute site plan approval for
individual structures. A site plan approval is required for all structures to be located in the
proposed plat.
1.2 Conditions of Development Plan Approval and Plat Approval: The City, after requisite
notice and hearing, has granted preliminary approval of the Plat and Mixed Use PUD and
final approval of the Development Plan subject to the terms and conditions of this
agreement.
2.0 RIGHT TO PROCEED
The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines,
water lines, streets, utilities, public or private improvements, or any buildings, until all the
following conditions have been satisfied: (1) this Agreement has been fully executed by both
parties and filed with the City Administrator; (2) the required security for performance of the
Developer's obligations have been received by the City; (3) the City has issued a letter that all
conditions have been satisfied and that the Developer may proceed, which letter will not be
unreasonably withheld or delayed; and (4) the Plat and this Agreement have been recorded with
the Stearns County Recorders Office.
3.0 HIGHWAY 75 BUSINESS DISTRICT
3_1 Intent. The Highway 75 Business District is intended to control the use and development
of land and improvements by creating a mixed land use district near and adjacent to the
Country State Aid Highway 75 corridor in the City of St. Joseph.
3.2 B-2 Hi~hway 75 Business District Ordinance Applicable. The Development must meet
all requirements under the City of St. Joseph B-2 Highway 75 Business District
Ordinance.
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4.0 DEVELOPER CONSTRUCTED PRIVATE IMPROVEMENTS.
4.1 The Developer agrees to construct those private improvements itemized below and as
illustrated on EXHIBIT A-2, (hereinafter known as the "Private Improvements"):
a. Site Grading
b. Water distribution system including fire hydrants, valves, and appurtenances.
c. Sanitary Sewer Collection System
d. Building Services (with regard to extension of services)
e. Concrete Curb & Gutter as it relates to ingress and egress
f. Erosion Control on Site
g. Storm Water Runoff Treatment and Control on-Site
h. Signs Designating Pedestrian Walkway, Traffic Directional, regulatory, and
warning signs in Designated Parking Areas
i. Permanent turf establishment.
4.2 Project Specific Requirements for DeveloQer constructed Private Improvements.
(a) Development Plan Compliance. All buildings and accessory structures shall be
sited and constructed on the Property as shown on the Development Plan referred
to as Exhibit A-1 (hereinafter the "Development Plan") subject to the provisions of
this Agreement. Any deviations from the Development Plan in the approved
preliminary PUD must be approved pursuant to St. Joseph Ordinance 52.09, Subd.
11 dealing with minor and major changes to an .approved preliminary PUD. A
minor change to an approved PUD requires a public hearing and shall be
incorporated into the application for final PUD approval. A "minor change" means
any departure from the conditions of preliminary approval which is not a "major
change" and includes, but is not limited to, the following:
1. revisions to number of structures;
2. revisions to height of structures;
3. revisions to location of internal roads; and
4. revisions similar in nature to those above, as determined by the City.
A proposed major change through an approved preliminary PUD shall require
reapplication for preliminary PUD approval and any notification regarding such
preliminary PUD approval shall describe the proposed major change or changes. A
major change is any departure from the conditions of the preliminary PUD
approval which would result in any of the following:
1. revisions to the approved design concept;
2. revisions to the approved uses;
3. an increase in square footage of structures;
4. a decrease in the amount of landscaping, site perimeter buffering, and open
space; and
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5. an increase in traffic volumes or change in circulation patterns which impact
surrounding development.
5.0 FUTURE IMPROVEMENTS
5.1 Future Improvements. The Developer and City hereby acknowledge that certain
improvements, not included as the Improvements outlined herein, will have to be
constructed at some future date to complete service to the Development. These
improvements, known as "future improvements" include costs for future
improvement of sanitary sewer collection system, water distribution system and fire
hydrants and storm drain system as identified on Exhibit A-2 or as accepted by the
City Engineer for a revised site plan. The Developer, its assigns or heirs, shall be
responsible for its share of the cost of the future improvements. This provision
obligating the Developer, its assigns and heirs, to pay for future costs shall survive
the issuance of the Certificate of Compliance under paragraph 6.9 of this
Agreement.
5.2 Developer's Consent to Petition. If a petition to construct any or all of the above
future improvements in accordance with procedures outlined in Minnesota Statutes,
Chapter 429, is received by the City from affected property owners, the Developer,
its assigns or heirs, shall be considered an automatic signer of said petition for all
affected properties within the Development remaining under his ownership or
otherwise under its control, the Developer, its assigns and heirs, being deemed to
have waived its right of notice of hearing upon the necessity or feasibility of the
improvement, understanding only that they have not waived any rights or notice of
hearing for the purpose of an actual assessment or apportionment of said
assessment cost against property still owned by the Developer, its assigns and heirs.
5.3 Developer's Consent to Council Action. If the City, not having received a petition
to construct any or all of the above future improvements, determines that
construction of certain future improvements is necessary and in the public interest,
the Developer, its assigns and heirs, shall be considered an automatic signer of a
petition for said improvement or improvements for purposes of initiating action
under Minnesota Statutes, Chapter 429; said automatic signature shall apply to all
affected properties within the Development remaining under the Developer's, its
assigns and heirs, ownership or otherwise under his control, the Developers, its
assigns and heirs, being deemed to have waived his right of notice of hearing upon
the necessity or feasibility of the improvement, understanding only that they have
not waived any rights or notice of hearing for the purpose of an actual assessment
or apportionment of said assessment cost against property still owned by the
Developer, its assigns and heirs.
5.4 All Future Improvement shall comply with the following:
(a) Building Code Compliance. All buildings and accessory structures shall be
constructed in accordance with the Minnesota State Building Code as adopted and
modified by the St. Joseph City Code.
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(b) Site Preparation. The Developer shall comply with any erosion control method
ordered by the City for the prevention of damage to adjacent property and the
control of surface water runoff. As development progress, the City may impose
additional erosion control requirements if in the opinion of the City Engineer such
requirements are necessary.
(c) Building Exterior. The building exterior shall comply with the Plan approved by
the St. Joseph Planning Commission.
(d) Off Street Parking and Loading. The Developer shall provide off street parking
and loading as set forth in Exhibit A-1. The PUD unified development concept
.allows for joint parking facilities, so long as those joint parking facilities meet the
requirements within the Zoning Ordinance. It is the responsibility of the applicant
to provide evidence that there is enough parking for the various uses proposed for
the plat. Additionally, snow storage cannot occur within any designated parking
areas as set forth in Exhibit A.
(e) Grading/Drainage. The final drainage plans must be approved by the City
Engineer.
(f) Landscaping/Fencing/Screening. Landscaping, fencing and screening requirements
for new structures shall be considered as part of the site plan approval for each
structure, and the building site plan must be approved by the City in conjunction
with the building site approval process.
(g) Requirements for Building Permit. No building permit shall be issued for this
Property until the Developer has signed and returned this Development Agreement
and submitted any additional information as directed by the City Engineer and City
Building Inspector.
(h) Snow Removal and Maintenance of Parking Lots and Sidewalk. The Developer
and its assigns are responsible to maintain in a neat and adequate manner the
parking area and sidewalks, including any and all snow removal and cleanup at the
building site. Developer and its assigns acknowledges that snow cannot be moved
onto or dumped onto the Lake Wobegon Trail. This responsibility shall survive the
issuance of the Certificate of Compliance under paragraph 6.9 of this Agreement.
(i) The Developer must construct water main and sanitary sewer to the buildings and
fire hydrants on-site in accordance with the site plans as approved by the City
Engineer The Developer must also construct fire hydrants provide access to current
and future facilities on the platted property. The building official and City
Engineer must approve the location of the fire hydrants. The fire hydrants, water
main and sanitary sewers will be privately owned and maintained utilities on the
site by the Developer, and its assigns or heirs.
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(j) The Developer, its assigns and heirs, shall provide maintenance for storm water
infiltration area and site storm sewer.
(k) The Developer is required to obtain the following permits: MDH Water Main
Extension, MPCA Sanitary Sewer Extension, and NPDES Storm Water Permit,
Stearns County ROW Utility Permit, Stearns County Driveway Approach Permit.
(1) The PUD will be a mixed density development consisting of the following: a
medical clinic on Lot 2, Block 1; a retail grocery superstore on Lot 3, Block 1; and
a retail/office/restaurant on Lot 1, Block 1.
(m) Parking. The Developer shall ensure that the common ownership documents
require that employees of the commercial uses be required to park in the designated
parking lots marked as Exhibit A-1.
(n) Loading and Unloading Areas. The site must include loading and unloading areas.
These areas cannot be located in the public right-of--way and must be marked and
reserved as loading/unloading areas.
(o) Signs. The development must include site management signs, such as pedestrian
walkway, traffic directional signs and designated parking areas.
(p) Business Signs. Business signs not included at the time of site plan approval will
require separate approval at the time of construction.
(q) Lighting Plan. Alighting plan for individual structures will be required in
conjuction with building site plan approval. The lighting cannot exceed .5 foot
candle unit beyond the property boundaries measured at the centerline of the
boulevard.
(r) Fire Approved Lock Box. The plans must contain a fire approved lock box, the
location of which will be determined by the City Building Inspector.
(s) The Developer shall provide a spoil pile management plan before final plat
approval. The plan will identify all spoil piles, including location, material type,
and erosion control. At any given time, the stock piles cannot exceed twelve (12)
feet in height and only select grading material and topsoil may be stored on site.
All stock piles must be removed no later than two (2) years from the date of
execution of the final plat.
(t) Ingress/Egress to Property. The Developer shall insure that there are two methods
of ingress/egress to the Development. The first entrance for ingress/egress will be
from the Development to County Road 133. The second entrance for
ingress/egress shall be to Elm Street. The Developer shall insure that the entrance
for ingress/egress to County Road 133 is completed upon development of Lot 2,
Block 1. The entrance for ingress/egress to Elm Street shall be completed upon
development of either Lot 1, Block 1 or Lot 3, Block 1.
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6.0 GENERAL TERMS AND CONDITIONS
6.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees, to be
fixed by the Court, in the event that suit or action is brought to enforce the terms of this
Agreement.
6.2 Proof of Title. The Developer hereby warrants and represents to the City, as inducement
to the City's entering into this Agreement, that the Developer's interest in the
Development is fee owner. Prior to execution of this Agreement, the Developer shall
provide the City with a title opinion prepared by a licensed attorney and directed to the
City stating the condition of title of the property, or other proof of title acceptable to the
City.
6.3 Binding Effect on Parties and Successors. The terms and provisions of this Agreement
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shall be binding upon and accrue 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 Development and shall be deemed covenants running with the land.
Reference herein to Developer, if there be more than one, shall mean each and all of
them. This 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 shall be paid by the Developer.
6.4 Notice. Any notices permitted or required to be given or made pursuant to this
Agreement shall be delivered personally or mailed by United States mail to the addresses
set forth in this paragraph, by certified or registered mail. Such notices, demand or
payment shall be deemed timely given or made when delivered personally or deposited in
the United States mail in accordance with the above. Addresses of the parties hereto are
as follows:
If to the City at: City Administrator
City of St. Joseph
P.O. Box 668,
St. Joseph, MN 56374
If to the Developer at: Mark Coborn
Coborn's, Inc.
P.O. Box 6146
St. Cloud, MN 56302-6146
6.5 Incorporation of Documents by Reference. All general and special conditions, 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 if fully set out herein in full.
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6.6 Indemnification. The City and its officers, agents and employees shall not be personally
liable or responsible in any manner to the Developer, contractor or subcontractors,
materialmen, laborers, or to any other person or persons whomsoever, for any claims,
demands, damages, actions, or causes any action of any kind or character whatsoever
arising out of or by reason of the execution of this Agreement, or the design,
performance, and completion of the work and the improvements to be provided by the
Developer pursuant.. to this Agreement. The Developer shall hold the City and City
Engineer harmless from claims by third parties, including but not limited to other
property owners, contractors, subcontractors and materialmen, for damages sustained or
costs incurred resulting from plat approval and the development of the Property. The
Developer shall indemnify the City for all costs, damages or expenses, including
engineering and attorney's fees, which the City may pay or incur in consequence of such
claims by third parties.
6.7 License to Enter Land. The Developer hereby grants the City, its agents, employees,
officers and contractors a license to enter the Property to perform all work and/or
inspections deemed appropriate by the City during the development of the Property.
6.8 Streets.
(a) The Developer shall promptly clean any soil, earth or debris from streets in or
near the Development resulting from construction work by the Developer or its
agents or assigns as often as necessary and as directed by the City for public
safety and convenience. In the event the Developer fails to clean the streets
within 48 hours of the direction of the City, the City may undertake the work and
seek reimbursement from the security provided by the Developer as set forth in
paragraph 6.10 of this Agreement, or alternatively, .assess the cost against
property owned by the Developer within the City.
(b) Any damage to existing City streets due to construction activities within the
development shall be repaired to the satisfaction of the City at the Developer's
expense.
6.9 Certificate of Compliance. This Agreement shall remain in effect until such time as
Developer shall have fully performed all of its duties and obligations under this
Agreement. Upon the written request of the Developer and upon the adoption of a
resolution by the City Council finding that the Developer has fully complied with all the
terms of this Agreement and finding that the Developer has completed performance of all
the Developer's duties mandated by this Agreement, the City shall issue to the Developer
on behalf of the City an appropriate certificate of compliance. The Acceptance of the
Improvements contracted in accordance herewith by the City does not constitute a
certificate of compliance and does not release the Developer from ongoing duties or
responsibilities arising under this contract. The issuance of a Certificate of Compliance
does not release the Developer or any Surety from warranty responsibilities or
responsibilities for future improvements arising under Section 5.0 herein.
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6.10 Reimbursement of City's Costs. The Developer shall reimburse the City for all costs,
including all reasonable engineering, legal, planning and administrative expenses, incurred
by the City in connection with all matters relating to the negotiation, administration and
enforcement of this Agreement and its performance by the Developer. The Developer
shall also reimburse the City for any add-to-construction costs related to the installation of
street lighting or private utilities within the Development. The Developer shall also be
responsible for the cost of acquiring and installing street signage consistent with that used
in other recent developments within the City. Such reimbursement shall be made within
14 days of the date of mailing the City's notice of costs. If such reimbursement is not
made, the City may place a hold on all construction or other work related to the
Development, or refuse the issuance of building permits until all costs are paid in full.
6.11 Renewal of Security. If any escrow account or bond deposited with the City in accordance
with this Agreement shall have an expiration date prior to the Developer's obligations
hereunder being complete, the Developer shall renew such security or deposit substitute
security of equal value meeting the approval of the City at least thirty (30) days prior to the
expiration of such security. Failure to post such alternate security or renew such security
shall constitute a default and the City may place a moratorium on all construction or other
work related to the Development, refuse the issuance of building permits, and declare the
entire amount thereof due and payable to the City in cash. Such cash shall thereafter be
held by the City as a security deposit in the same manner as the security theretofore held
by the City.
6.12 Plattin . The Developer must include all of the Development Property in the final plat of
the development.
6.13 Utility Location. The Developer agrees that all utilities within the Development will be
installed underground, including without limitations electrical, telephone, cable television
and natural gas.
6.14 Plat Dedication. Upon approval and execution of this Agreement, the City shall approve
the final plat provided it otherwise meets the requirements of the City's Ordinance
governing Subdivisions. If the Plat contains the dedication of an easement, the use of
property within the area of an easement is specifically restricted by prohibiting the
construction of any structure or fence, planting trees or shrubs, or storing of personal
property within the area of the easement which could delay, restrict or impede access
within the easement area by a person or vehicle.
6.15 Street Li=ghting and Signaae. The Developer shall be responsible for the cost of purchase
and installation of street lights and street signs. The Developer will name all streets within
the Development in accord with City Ordinance regulations. The improvement shall not be
accepted until installation of street lights and street signs are completed.
6.16 Water/Sewer Access and Trunk Fees.
a. Water (WAC)/Sewer (SAC) Access Fees: The Developer shall pay WAC and SAC
charges for all structures on the Property to be connected to the municipal water
9
and sanitary sewer system as determined by St. Joseph Ordinance No. 44. The fees
shall be based on the proposed development of the total commercial space being
used as follows: a medical clinic on Lot 2, Block l; a retail grocery's superstore on
Lot 3, Block 1; and either a retail establishment, office or restaurant on Lot 1,
Block 1. If the proposed building uses change, then the SAC/WAC fees shall be
changed to reflect the actual building usage. If the actual use changes or if usage is
significantly different, the owner shall be either charged additional amounts
pursuant to the Ordinance, or given a credit for future additional use in terms of the
base rate unit charge. The SAC and WAC fees are due prior to issuance of the
building permit.
b. Trunk Sewer Fees: The Developer shall pay Trunk Sewer Fees for all development
on the Property to be connected to the Sanitary Sewer System. The Trunk Sewer
Fee applies to all property utilizing the DBL Lift Station. The fee is based on the
total acres of the development and charged at a rate of $700 per acre. The Trunk
Sewer Fee is due at the time of executing the Development Agreement.
6.17 Storm Water Development Fee. The property is subject to the Storm Water Development
fee which is $.20 per square foot of developable property (developable property is
everything except wet lands and public street right of way). The Developer will be given
credit for expenditures placed into the City storm water system as approved by the City
Engineer. Before issuance of a building permit for construction on Lots 1 and 3; Coborn's
Realty Plat, a determination will be made as to the net amount due from the Developer for
the Storm Water Development fee, and the amount must be paid before the building permit
is issued.
6.18 Assi nment. This Agreement may not be assigned by the Developer except upon
obtaining the express written consent of the City. Unless expressly released by the City,
the Developer shall remain obligated to fulfill the duties required under this agreement.
6.19 Inte ration. This Agreement contains all of the understandings and agreements between
the parties. This Agreement may not be amended, changed, or modified without the
express, written consent of the parties hereto.
6.20 Execution in Counterparts. This Agreement may be executed in any number of
counterparts,. each of which shall constitute one and the same instrument.
6.21 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the
State of Minnesota.
6.22 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this
Agreement. The Developer is hereby advised to seek independent legal advice prior to
execution of this Agreement.
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7.0 .DEFAULT AND REMEDIES
7.1 Default. Failure by the Developer to observe and perform any covenant, condition, or
obligation contained in this Agreement shall be considered a default by the Developer under
this Agreement.
7.2 Right to Cure. The City shall give the Developer written notice of any default under this
Agreement. The Developer shall have 10 days in which to cure the default (or in which to
commence good faith efforts to cure if the default is one which cannot reasonably be cured
in 10 days).
7.3 Remedies. If an event of default is not cured by the Developer within the applicable cure
period, the City may do any, all or any combination of the following:
(a) halt all further approvals regarding improvements or issuance of building permits or
occupancy permits relating to the Development Property;
(b) seek injunctive relief;
(c) take any other action at law or in equity, which may be available to the City.
7.4 Obligations. This Developer's Agreement in no way obligates Coborn's to develop the
Property. However, if Coborn's does at any time in the future elect to develop the Property,
such a development shall be in accordance with all of the terms and conditions set forth
herein.
Signed and executed by the parties hereto on this day of , 2008.
ATTEST CITY OF ST. JOSEPH
By
By
Judy Weyrens
City Administrator
Alan Rassier
Mayor
DEVELOPER
COBORN REALTY COMPANY LIMITED
PARTNERSHIP
By _
Name
Title
11
STATE OF MINNESOTA )
)ss
COUNTY OF )
This instrument was acknowledged before me on 2008 by Alan Rassier and
Judy Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph a Minnesota
municipal corporation, on behalf of said City.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
STATE OF MINNESOTA )
)ss
COUNTY OF )
This instrument was acknowledged before me on , 2008 by
,the of Coborn Realty Company Limited
Partnership, executed the above Agreement on behalf of said corporation.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
TAX STATEMENTS FOR THE REAL PROPERTY
DESCRIBED IN THIS INSTRUMENT SHOULD
CONTINUE TO BE SENT TO PREVIOUS
OWNER
THIS DOCUMENT DRAFTED BY:
Thomas G. Jovanovich - 5284X
Rajkowski Hansmeier Ltd.
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, MN 56302
Telephone: (320) 251-1055
12
NOTICE TO COUNTY AUDITOR AND COUNTY RECORDER OF COMPLETION OF
DRAINAGE AND UTILITY EASEMENT VACATION
The St. Joseph City Council held a public hearing at 7:00 p.m. on March 20 , 2008 at the St.
Joseph City Hall following publication and posted notice to consider the vacation of a drainage and utility
easement along the lot lines of Lot 1 and Lot 2, Block 1, BUETTNER'S BUSINESS PARK, in the City
of St. Joseph, County of Stearns, State of Minnesota.
Following the public hearing, a motion was made, seconded and passed to vacate the following:
The East 10.00 feet of Lot 1, Block 1, BUETTNER BUSINESS PARK,
according to the recorded plat thereof, Stearns County, Minnesota, which
lies south of the North 10.00 feet of said Lot 1 and lies north of the South
10.00 feet of said Lot 1 as measured at a right angle to, parallel with and
contiguous to the north, south and east line of said Lot 1.
AND
The West 10.00 feet of Lot 2, Block 1, BUETTNER BUSINESS PARK,
according to the recorded plat thereof, Stearns County, Minnesota, which
lies south of the North 10.00 feet of said Lot 2 and lies north of the South
10.00 feet of said Lot 2 as measured at a right angle to, parallel with and
contiguous to the north, south and west line of said Lot 2.
By action of the City Council, the easement described above is now vacated.
This completion of vacation vacates a drainage and utility easement on the vacated easement.
Dated this day of , 2008.
Alan Rassier, Mayor
ATTEST:
Judy Weyrens
City Administrator
STATE OF MINNESOTA )
SS.
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2008, by Alan Rassier,
Mayor and Judy Weyrens, City Administrator of the City of St. Joseph, a municipal corporation under
Minnesota law, on behalf of said municipal corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Thomas G. Jovanovich - 5284X
RAJKOWSKI HANSMEIER LTD.
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, MN 56302-1433
Telephone: 320-251-105 5
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COBORN'S SUPERSTORE
COBORN'S REALTY COMPANY PLAT - (SITE PLAN)
SL Jc!seph, bPl
Certificate
The City of St. Joseph does hereby certify that, pursuant to Minnesota Statutes, Section
505.03, Subdivision 2, the plat entitled, Coborns Realty Company, has been submitted to and
written comments have been received from the Stearns County Highway Department.
Written comments submitted by the Stearns County Highway Department designated as
"Exhibit A" are attached hereto and made a part thereof.
Dated this _ day of , 2008
Allan. Rassier, Mayor
(SEAL)
Judy Weyrens, Administrator
,~~ F~.:= CO~U NTY OF STEARNS
. ~ . ~..
F.
a.
~~ ,~
!~' ~ De a~tment o Hi hwa s
~~,c. ,. ~ %,~~ P f g Y
~~~ _ w _ s~ PO Box 246 • St Cloud, MN 56302
(320) 255-6180 • FAX (320) 255-6186
MITCHELL A. ANDERSON, P.E.
Highway Engineer
JEFF MILLER, P.E. February 6, 2008
Asst. Highway Engineer
JODI TEICH, P.E. STEARNS COUNTY HIGHWAY DEPARTMENT
Asst. Highway Engineer
COUNTY PLAT REVIEW
PLAT: COBORNS REALTY COMPANY
The basic criterion for this plat review is provided for in the Stearns County
Comprehensive Plan.
. Location
The general location of the plat is east of CSAH 133 and north of CSAH 75
within the City of St. Joseph.
CSAH 133 is classified as a minor arterial in the area of the plat. The 2003
traffic volume on CSAH 133 in this area is 4750 ADT. CSAH 75 is classified
as a minor arterial and the traffic volume is 22500 ADT.
Ri~;ht of Way
The preliminary plat depicts existing 50-foot wide right of way as measured
from the center of CSAH 133 as required for an urban minor arterial.
Generally, all private facilities such as signs, entrance medians (divided
entrances), fencing, etc. shall be placed/constructed outside of the permanent
county right of way.
Access Mana e~ ment:
One access only will be permitted from CSAH 133 in the location shown on the
preliminary plat. Traffic flow through the platted property should be directed to
exit the property via Elm Street.
The owner should confer all "rights of access" to Stearns County for the
property frontage along and adjacent to the County right of way.
Drainage Facilities:
#875-8898 `Affirmative Action /Equal Opportunity Employer"
Storm water drainage facilities should be designed in such a manner as to not exceed the current
(pre-development condition) maximum storm water runoff flow onto county right of way. The
analysis should be based on a minimum 100-year design storm.
Culverts constructed/placed within the county right of way as part of this project should be specified
as a minimum of 15 inches in diameter. Any culverts crossing under existing or proposed county
roads and/or municipal streets should be specified as reinforced concrete pipe and should be a
minimum of 24 inches in diameter. Reinforced concrete pipe shall be tied/secured together with
appropriate steel fasteners.
A utility permit will be required if utility construction activities are within the county right-of--way.
Traffic and Public Safety:
All street and private entrances should be graded in such a mamier as not to drain onto the existing
county roadway if possible.
I have reviewed the above plat at the request of the municipality, for concerns relating to standard
engineering practice and policies as commonly applied to County Roads and Rights-of--Way.
Engineer -Maintenance/Operations
I concur in the above review and recommendations.
Stearns County Engineer
'~ ~ D$
Date
7 d~
Date
Distribution: City of St. Joseph (original)
Bonestroo (copy)