HomeMy WebLinkAbout[01-2] Graceview EstatesMY OF NT..iQKlil'ti
Council Agenda Item 2
MEETING DATE: June 23, 2011
AGENDA ITEM: Graceview Estates — Draft Agreement
SUBMITTED BY: Administration
PREVIOUS COUNCIL ACTION: The Council appointed the City Engineer, Attorney , Public Works
Director and Administrator to work with representatives of the Graceview Association to discuss the
possibility of the City accepting certain streets and utilities in Gracevew Estates as public rather than the
current private.
BACKGROUND INFORMATION: In September of 2010 the City was approached by Attorney Roger Neils
regarding the improvements for Graceview Estates. It is the position of the City that the improvements
are private and they have operated as such since the project was built. The Graceview Association has
the position that nothing in the agreement indicates that the improvements are private. It is this
disagreement in position that was brought to the Council. The City Council directed a subcommittee to
identify the issues in Graceview Estates, bringing a final recommendation forward to the Council for
consideration.
The subcommittee met on the following dates: January 24;.February 28; April 4; May 2; June 13. The
group did not meet in the month of March as the Graceview Association was going to present the
assessment waivers to the residents at their annual meeting. The following is a summary of the major
issues:
Assessment— In 2005 when 7"' Avenue was improved, a portion of the Graceview Common
areas abutted the improvement area and was subsequently assessed. At the time of the
improvement the City followed MN Statute 429 and provided due notice was provided to the
owner of record at that time. The assessment was certified against the common lot, paid
annually. Since the assessment has been certified the only way in which the City can change the
certified assessment is to conduct a new public hearing or have the residents sign a waiver that
they will not contest the assessment. Without the waivers the City would be required to
conduct a new hearing having to show the benefit again. The total amount of the outstanding
assessment is $ 20,200.74. If the City moved forward without the waivers the City would risk
assessment objections, incurring additional financial burden. As of the writing of this memo we
have received 41 waivers, missing about 16. The committee has indicated that a
recommendation to conduct a new hearing would not be forwarded until all but five or six have
been received, less bank owned property. A resident did come into the office on Monday and
stated that he and six of his neighbors will not be signing the waivers as they believe this is a
responsibility of the Association. (See attached map illustrating which waivers have been
received, are bank owned and those remaining).
Street — Some of the streets in Graceview Estates are private streets and the Association is
responsible for the upkeep, maintenance and snow removal. Since the streets were private
they were designed with roll over curb and are considerably narrower than what the City would
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have required for public streets. The private streets were requested in exchange for density.
The draft agreement includes a provision whereby the City will take over the streets as public
contingently. (See agreement for full text)
a. The street must be seal coated before acceptance (the same requirement the City
would require at annexation. The Committee agreed to include the area in the seal
coat bid and would recommend the Council accept the payment in two installments.
b. Parking would only be allowed on one side and all mailboxes must be converted to
the same side.
c. Snow removal will be completed at the City standards and we will not be
responsible for damage as a result of plowing. Driveways are still the responsibility
of the Association.
d. Easements will be provided for standard right -of -way where possible.
e. Sign reflectivity —the homeowners association would be required to bring their
signs into conformance with the federal regulations, we still need to work out the
date.
Utilities —The utilities are also considered private and the agreement has the City taking over
the mains as other mains in the City. The exposure to the City is the tight quarters in which they
are located. The Agreement does give the City additional room to work with the expanded
easement area. (See agreement for full text).
Also included in this packet is a summary of expenses incurred by the City to review and consider this
matter. The last meeting of the subcommittee included Denny Kron from the Auditor's ice as a
participant. Denny is responsible for the land management and had some concerns about the legal
description for easement and question addressing. It is my understanding that his concerns have been
addressed.
ATTACHMENTS: Request for Council Action ................. ...............................
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Draft Agreement ................................. ...............................
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SampleWaiver ..................................... ...............................
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Map Illustrating return rate ............... ...............................
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Email regarding status ........................ ...............................
2:17 -18
Summary of Expenses —Legal ........... ...............................
2:19 -20
Summary of Expenses —Engineering .............................
2:21 -22
REQUESTED COUNCIL ACTION: Provide direction to the staff regarding the terms of the agreement.
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AGREEMENT FOR ACCEPTANCE
OF CERTAIN PLAN B IMPROVEMENTS
AND EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
2011, by and between the City of St. Joseph, Minnesota, a municipal corporation, referred to as
the "City" in this Agreement, and Graceview Estates Homeowners Association, Inc., anon -profit
corporation formed under Minnesota Statutes Chapter 317A, referred to as the "Association" in
this Agreement.
RECITALS
A. The City and Pondview Ridge, LLP, a Minnesota limited liability partnership as
"Developer" and owner of certain real property, located within the City and platted as Graceview
Estates, made and entered into a City of St. Joseph Developer Agreement dated June 24, 2002,
referred to as the "Developer Agreement ".
B. The Developer Agreement set forth the Developer's obligations to provide for the
construction of certain improvements WITHIN THE Plat of Graceview Estates, called "Plan B
Improvements" and identified therein as: "Street, curb, gutter, storm sewer, sanitary sewer, water,
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holding ponds and walking paths," and for the financing of said improvements..
C. The design of certain of the Plan B Improvements did not meet City standards in
terms of street width, building setbacks, and location of utility easements, but the Development
was found to be consistent with the goals and objectives of the City's Comprehensive Plan and to
meet the requirements of the St. Joseph Code of Ordinances, and the City approved the
development of the Property as a Planned Unit Residential Development. It is the Association's
position that the said Plan B Improvements were to be accepted as public improvements by the
COY and it is the City's position that said Plan B Improvements were to remain pnvate
improvements and were not to be accented by the City as public improvements.
D. The Association was incorporated on September 18, 2003, pursuant to the
requirements of Minn. Stat. § 515B.3 -101 to manage and maintain the integrity of the Property
subject to the Planned Interest Community No. 62, Planned Community, Graceview Estates
Planned Community Declaration dated June 26, 2003, and recorded September 16, 2003, as Doc.
No. 1080799 in the Stearns County Recorder's Office, referred to as the "Declaration" in this
Agreement, and is the owner of the Common Element subject to the Declaration, i.e., Lot 88,
Block 3, GraoMew Estates, according to the plat and survey thereof on file thereof on file and of
record in the office of the County Recorder in and for Stearns County, Minnesota.
E. The City has not accepted any of the improvements located in Lot 88, Block 3,
Graceview Estates.
F. The Association has requested that the City accept certain of the Plan B
Improvements as described in this Agreement and has agreed to extend certain easements for
public utilities and streets through, over, under and across portions of the Common Elements.
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G. The City, and the Association wish to settle all disputes between and among the
City and the Association with respect to which Plan B Improvements will be accepted by the City
as public improvements. This Agreement confirms the Agreement between the City and the
Association as to which Plan B Improvements will be accepted by the City as public
improvements. Accordingly. the City and the Association agree that the following Plan lan B
Improvements will be accepted by the City as Ia blic improvements
Plan B n the terms and conditions set forth below in this Agreement.
NOW, THEREFORE, in consideration of the above Recitals which are incorporated in
this Agreement the same as if set forth in full below, and in further consideration of the mutual
covenants expressed below, it is hereby agreed as follows:
1.0 Plan B Improvements. The City accepts and assumes full ownership of the
following Plan B Improvements, subject to the following terms and conditions.
1.1 Street Improvements. The City shall accept the Streets indentified in the attached
Exhibits A and B, which are respectively the Easement Exhibit prepared by S.E.H. and dated
5/19/2011, and the description of the utilities and street in Exhibit B prepared by S.E.H. and
dated 5/19/2011. Acceptance of the Streets by the City is subject to the following terms and
conditions:
A. Seal Coating. Portions of the Street Improvements, namely the
bituminous surfaces of Graceview Drive, Graceview Loop and Faith Lane now require
seal- coating to bring them into conformity with current City standards. The City shall
conduct seal- coating of these streets in 2011 and the cost of the seal coating shall be the
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responsibility of the Association. The City will bill the Association in two installments,
with the first due and payable on August 15, 2011 and the second due and payable on
August 15, 2012.
B. Snow Removal. The City shall be responsible for the snow and ice
removal from the streets identified in section 1.1 of this Agreement, upon execution of
this Agreement and continue thereafter. It is further understood that in some areas due to
the narrow road easement, snow may of necessity be pushed beyond the confines of those
easements and projected onto private property. The Association shall be responsible for
repair of incidental damage to grounds, dwelling units/structures, mailboxes, and
landscaping caused by City equipment and the projection of snow in the normal course of
snow plowin
snow plug. The Association shall continue to be responsible for maintenance, repair,
replacement, and snow removal from driveways and sidewalks, whether the sidewalks or
driveways are on the public easement or are on the Common Elements as provided in the
Declaration. The streets as constructed are not designed to accommodate snow storage,
therefore, the City shall not be responsible for hauling snow out of the development. The
City shall not be responsible for or be required to remove such snow from the Graceview
Estates Planned Community, and the Association agrees that it shall be responsible for
the removal of snow which may accumulate from snow plowing.
C. Parking. Parking shall only be allowed on one side of the strectsbe-
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prohibited en the skMs identified in Section 1. 1 of this Agreement. The determination
as to which side of the streets shall be designated as no parking zones and the location of
mail boxes in relation to the no parking zones shall be worked out between the
Association, the City's Public Works Director and the City Fire Department, The
Association may establish common parking areas for its residents on the common
property of the Association, so long as such parking areas comply with all parking pad
regulations that are in effect for residential homes pursuant to City Ordinances.
D. Street Sims. All street signs within the Association must mod the Federal
Reflectivity Standards and it shall be the responsibility of the association to install and/or
replace all signs that do not meet this standard. In addition, signage that is required on
public streets that was not installed at the time of the development shall be the
responsibility of the Association. Such signs include no parking, regulatory signs and
street identification signs. The Association shall be responsible for meeting with the
Public Works Director to determine signage compliance. All existing signs must be in
compliance with the Federal Reflectivity Standards by .20
E. emen : The Association grants a perpetual, non - exclusive easement to
the City of St. Joseph for a sft*eVublic way on Graceview Drive, Graceview Loop and
Faith Lane as identified in Exhibit A of this Agreement.
1.2 Water Main Improvements. The City will accept the Water Main
Improvements including the water service lines from the water mains to the building service
connections at the curb stop as public improvements provided:
A. The Association shall provide a permanent non - exclusive easement for
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water mains, as shown in Exhibit B of this Agreement,
B. Easement. The Association grants a perpetual, non - exclusive utility
easement to the City of St. Joseph for water mains as described in Exhibit A of this
Agreement.
1.3 Sanitary Sewer Improvements. The City will accept the sanitary sewer mains
and manholes, including the lines to the point of service location and excluding the building
service pipe.
A. The Association shall provide necessary easements for access to,
maintenance, repair and replacement of the sanitary sewer mains and manholes as shown
in Exhibit B of this Agreement.
B. Easement. The Association grants a perpetual, non - exclusive utility
easement to the City of St. Joseph for access to, maintenance, repair and replacement of
the sanitary sewer as described in Exhibit A of this Agreement.
1.4 Storm Sewer Improvements. The City will accept the storm sewer
improvements as shown in Exhibit B of this Agreement.
A. The Association shall provide necessary easements as shown in Exhibit B
for access to, maintenance, repair and replacement of the storm sewer improvements.
B. Easement. The Association grants a perpetual, non - exclusive utility
easement to the City of St. Joseph for purposes of maintenance, repair and replacement of
the storm sewer improvements as described in Exhibit A of this Agreement.
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1.5 Holding Ponds. The City shall accept ownership and responsibility for ongoing
maintenance of the holding pond labeled as number 1 as shown on Exhibit B of this Agreement.
The ownership and responsibility for ongoing maintenance on the remaining two holding ponds
shall remain the responsibility of the Association.
A. The Association shall provide the necessary easements as shown in
Exhibit B for access to, maintenance, and repair of the holding pond labeled as number 1.
B. Easement. The Association grants a perpetual, non - exclusive utility
easement to the City of St. Joseph for purposes of maintenance, repair and replacement of
the holding pond labeled as number l as described in Exhibit A of this Agreement.
1.6 Acceptance and Ownership of Improvements. Upon final approval and
execution of this Agreement by the Association and the City, the Plan B Improvements set forth
in this Agreement and lying within the Public Easements within the plat of Grace-view Estates
shall become City property without further notice or action.
1.7 Future Improvement. Nothing in this Agreement shall prohibit the city from
specially assessing the properties within the Association for the cost of future street, water,
sewer, and storm sewer repairs/improvements pursuant to Minnesota Statues 429.
TO HAVE AND TO HOLD, such perpetual road rights of way and utility easements
unto the City of St. Joseph, Minnesota, its successors and assigns, forever.
IN WITNESS WHEREOF, the parties, the City of St. Joseph and Graceview Estates
Homeowners Association, Inc., have caused this instrument to be executed effective as of the day
and year first above written.
[Signatures on following page.]
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ATTEST
M
CITY OF ST. JOSEPH
By:
Judy Weyrens, City Administrator Rick Schultz, Mayor
Clerk
GRACEVIEW ESTATES HOMEOWNERS
ASSOCIATION, INC.
0
STATE OF MINNESOTA )
)SS
COUNTY OF )
Its:
On this day of , 2011, before me, a notary public
within and for said County, personally appeared Rick Schultz and Judy Weyrens, to me
personally known, who, being each by me duly sworn did say that they are respectively the
Mayor and the City Administrator Clerk of the City of St. Joseph, the municipal corporation
named in the foregoing instrument, and that the seal affixed to said instrument is the municipal
seal of said corporation, and that said instrument was signed and sealed in behalf of said
municipal corporation by authority of its City Council and said Mayor and City Administrator
Clerk acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
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STATE OF MINNESOTA )
)SS
COUNTY OF )
On this day of , 2011, before me, a notary public within and for
said County, personally appeared , to me personally known,
who, being by me duly sworn, did say that he/she is the of Graceview
Estates Homeowners Association, Inc., a non -profit corporation formed under Minnesota Statutes
Chapter 317A, named in the foregoing instrument, and that the seal affixed to said instrument is
the corporation seal of said corporation, and that said instrument was signed and sealed on behalf
of said corporation by authority of its City of Directors and said President acknowledged said
instrument to be the free act and deed of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
Roger D. Neils
Neils, Franz, Chkhart, Hultgren & Evenson, P.A.
1011 North 2nd Street
P.O. Box 307
St. Cloud, MN 56302
(320)253 -7130
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Notary Public
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EASEMENT EXHIBIT A
FAITH LANE LEGAL DESCRIPTION:
A We easemad"faee a cage. and nNliry pmposa ova, usuler, and acmes that pan of Lot 98, Block 3. GRACEVIEW ESTATES. according
plotunity, Mtmesoa, described d follows:
Begimm ar the om theM Coma of Lot 5, Block 3 of and GRACEVIEW ESTATES, aid point aloe being Me northeasterly right of way of 4th Avenue
SE, die- North 30 degrees 00 mimen 00 seconds East, sarmned bearing, along die somheastesly line of aid Lot 3, a distance of 106.95 Pax to the rant
ea corner of aid Lot 3; then" North 17 degras OD minor" 00 seconds Wat aim the eagerly lies of said Lai 5, a die-- of 23.30 feet; thence
Nort11 5 degas 33 minds 46 wends Eat 63.28 feet; thence Sonth 65 degrees 00 min nos 00 worth End 55.16 feet to the weal Use of Lot 94, Block 3;
thence South W degrees 02 mimes 05 seconds West along the west Use of aid Lot 94, a divows of 3.26 Seel In the aomhwwg cotes of said Lot 94; thence
South 99 degrees 57 man" 55 seconds FAM 126.00 fat tithe tombom comer of Los 87: theme NoN 00 degrees 02 minues 05 snood East along the
tag line of aid Lot 87, a distance of 5.% ken thence Southeasterly 34.64 feet along a mm tangential Cove. concave to the southwest having a Mims of
89.00 f eat, a central angle of 22 degras 18 minutes 11 seconds, a chord bating of South 68 degrees 30 moan 08 steads Emm to the eagerly 6m of Wd
Lot 88; thence South 12 degrees 23 minutes SE seconds West along dir mainly fine errand Lot dal, a distance of 113.46 ket b the m or y fee.01.3.
Block 3; theme North 65 degrees 00 minutes 00 seconds West alme; the nortloniy lime of aid Lot 3 and its nortlthwesterly extension 161.16 fed to the nerOncest
corner of Lot 4, Block 3; tbeoa Smyth 33 degrees 00 miom" 00 seconds Woo along the westerly line or said Lot 4, a distance of 12931 feet so the morthertaly
right of way of 4th Averse SE: thane noMweaaly along said right of way 45.73 far *tong a eon Imesse ti it cave. concave to the swAweat, having a radius of
230.00 fat , a cemml angle of I t degrees 23 mimeos 33 seconds, s chord bearing of North 67 degrees 07 mmnes 45 seconds Wen to the point of beginning.
GRACEVIEW DRIVE LEGAL DESCRIMON.
A perperul casement for serum, drainage, and utility perpetrate ova, coda, and noes the pan Of Lot $8, Block 3, GRACEVIEW ESTATES, according
to the recorded plat theraof, Stearn County, Mimaob, described as fellows:
Comrnemeils at the noMww emmerof Ld 88. Bbd 3. of aid OMCEVIEW E37ATFS, aid gems sloe keg tle canny right of way of 4th Aveme SE; there
South OD degrees 4S tearer 13 secwads East. last®od bearing, abAS the coat IM of said Lot 88, a trance of 36.46 feet; thence southerly 162.47 fen slag a we
uASentlsl nerve, Concave m the eat, having a radius of 270.00 fret. •central amgk of 34 degrees 2tl minutes 41 seconds, lord bowing AfSouth ld degrees 00 minutes
tes
04 $eonds East: thence souhery 109.9+ ran along aid riRM nrw.y "beg a tevene erne. "nave to the wear, hsvug . Mice of 2eo.00 fat, a oswnalasgle of
21 degrees 2R mimes 24 aeoonds, clonal 6a�n� of Sout►3A depea 30 mime" 12 acaeds Eat o We point of begimimg of the eaamen to be described. thence
Nord M degrees 11 mlouta 43 second Em 3.7'1 ka; thane pWrly 56.67 ka along a con bogeetial eueve, ooecays a Ik mouth, having a radius of S29.00 feet, a
eerttral angle of06 degrees 09 nainrtes 16 seceeds, chord baring of iioM R7 degas 13 mien" 51 scoonds F.ut
to the w"Wy Sae of Lat 16; 16e1a South 00 I It
01 nooks 04 seconds Wen along said wesMly tin 13.53 fat b Ik south.rast toms of aid Lot 16; Ihemca Somb 89 degrees 58 aaieuks M seconds Fag MICAS the
muthay lice of aid Lot I6. a d Mane oC77.00 fees ro the moutbeast Carer of aid Ld 16; tlena Noah 00 degnas 01 minutes 04 seconds Past *loss the as line of
aid Ion 16, a dlsama of 9.47 feet tltertee easterly 3.66 fen along a non tangential etwe, tonave b the tooth, heviAS a radius of 329.00 fen, a central M of 00 dogives
23 mint" 17 saonids, chord bwmy of Somh 89 rigor OS nanut" 44 seconds East tlrdlee Inarlhasterly 42.11 fat along a on tangential am". mcm b the
mutbeumt. havirn3 •Min of 234.00 fat, * ecatnl /ogk of IO definer 19 minas 06 anneals, chord bearing of Wasth 20 degrees 74 mianes 21 seconds Bar, dwm North
13 define" 41 mnnutes 49 seandf Eon sot mgw b 111 Cleve 8729 key, Meese North 8 ] degrees U nalnares 32 aetonde East 63.03 Cent thence m$mneriy 96.94 fat
aloAS a non tangential curve, commove b the soulhaa, hwmg a Mius of 234.00 feet, a cemnl angle of 23 degas 44 mina I 1 Seconds, chord buying of Nord
68 degrees d5 minmes l i s000rds Ens IC the southerly lot line of Lot 23; thdee Nord 82 degttea 02 minds OS seconds East along said south line 529 fen to the
aghast caner of said Lot 23; Menace South 07 degrees 57 mints" SS aconds East aloes Me coat line of Ld 24, a 69%Wc of 693 feet to the attthwed Doter
of said Lot 24; thence Norsk R2 degrees 02 mimes OS sseorde East along the snub tin of aid Lot 24, a distance of S0.00 fees to the weatheat Comer of aid Lot 24;
tbene North 07 degrees 57 minister SS seconds Wen aloAS Me asst line o(seid I.d 2<, a diveaece of 2A2 het; thence easterly 50.53 fed along a con tcagmtial curve,
corewe b the soath, heviAS a sadires of 929.00 8set a cereal angk of 03 degrees 07 mianea OD eeemnds, eked kanng of South 39 degrees 40 mimta la seconds Fast
ro the westerly tine of Lot 26; Hence Soatb 07 dogma 57 mbnutes JS seconds FAn 7.11 fat m the muthwM oven of said Lo126; drew North 82 degrees 02 minutes OS seconds East *long the .outh line of aid lot 26, a distanee of 36.55 fed: Hence Mmthanedy 63.45 fees along • non tengemi.l curve, concave to the southwest,
having a radius of 929.00 fed, a antral angle of 04 degrees 02 mimeses 12 seconds, chord taring of South 83 defines 47 minutes 53 seconds Eat to the westerly Jim
of Lot 28; Mace South 07 degrees 57 mines 55 weeds Eat along aid westerly line 729 fen to the aonMsrast comer of aid lot 28; Mena North 82 degrees
02 minutes 05 seconds Eat along the south live of said Lot 28, s distance of 23.91 fees; thence sou%%*# rly 60.19 fed along anon t080tial curve, concave b the
soathosrt, having a radium o(929.00 feet, a central nste of 03 degrees 42 mautn 45 seconds, chord bearing *(South 78 degrees 22 nsm nos 54 seconds East: Mena
North 23 dcgrea 02 min a 05 seconds East 3229 fee to the southerly line of Ld 29; thence North 82 degrees 02 minutes 05 seconds East MICAS said mouth line
2.75 feet to the southeast corner of said Lot 29; Mena North 07 degrees 57 minutes 55 seconds West along the eat line of aid lot 29, a dilate of 3.86 feet thence
South 73 degrees 37 minutes 45 seconds East 59.07 feet Mona eutarly, southerly, and westerly 407.39 feet aim a son antcow curve, conceive to the wenm, having a
radios of 90.00 feet. a eamral wife of 259 degas 28 Atlanta 37 woods, chord bearing of South 20 degrees 37 mimosa 29. 1 West; Mete North 66 degree
57 minutes 55 seconds West 33.97 feet; thence North 23 degrees 02 minus. 05 seconds East 1829 het thence westerly 128.93 fact along a con bogemul curve, oeneave
to the auhlnvest having a radius of 849.00 fed, a central Magic of 08 degrees 42 minma 06 seconds, chord bearing of Narlh 79 degrees 44 minutes 03 seconds Wen IC
the nonthowerly lime of lot 45; thence North 66 degrees 57 minutes 35 seconds West along said nonheasarly line 22.38 feet to the northwest corns of said Lot 45: theme
South 23 degrees 02 mimmes 05 seconds Wed *long the westerly fine of mid Lot 45, a distance of 7.23 fact themt westerly 48.81 Sect *berg a eon aegemial dove, concave
to the Month. having a radius of 849.00 tics. a central sagle of 03 degrees 17 minutes 39 seconds. chord bearing of North 87 degas 39 mimmee 09 seconds Wen se the
easterly line of Lot 46: thence North 05 degrees 52 minuses 32 seconds Wed along said easterly Imo 9.72 fed to the mnhean seems, of aid lot 46; thence South 84 degrees
07 ma odes 21 seconds Wet 128.00 iM to the nomhwsst career of Lm 49; thence South 05 degream 52 minus 32 seconds, Eau *long tle westerly line of aid Lot 49,
is distance of 15.84 fed: thence southwesterly 82.51 fed along a Doe tagential curve, comnve to the southast, having a radius of 154.00 feet. a antral aAShe of 30 degrees
41 Minutes 51 seconds. chord beating of South 45 degrees 51 minutes 22 second. West to the northerly line of tot 50; thence North 81 degrees 57 minims 55 seconds
West along aid north line 10.33 fed to the mrthwat coax of aid Lot 50: thence South 08 degrees 02 minutes 05 sands West 64.00loci to the southwest corer
of Lot 51; theme South 70 degrees 43 minutes O9 seconds Wen 79.38 feet to the northeast come of Lot 15; thence South 87 degrees 02 minutes 05 "sends Wen along
the north line of uid lot 15, a distance of 48,24 fed; theme westerly 83.96 fees along a ma, tangential curve, concave to the Mouth, having a radius of 449.00 fast, a eta"]
angle of 10 degrees 42 minutes 52 gaonds, chord bearing of South 89 degrees 01 minims 33 second$ Wen to the easterly right of way of4th Avrnm SE: thence nmtheny
and n*rthwetaly 80.29 fed along aid right of way along a non tangential curve weave to the writ having a radius 01`280.00 fat, a central magic of 16 degrees
25 minutes 50 seconds, chord baring of Noah 05 degrees 33 mines 03 sands West to the pone ofboginni.S.
GRACEVIEW LOOP LEGAL DESCRIMON:
A perpetual eascreem for server, drainage, and utility purposes ova, coda, and arrow that pat of lot 88, Block 3, GRACEVIEW ESTATES, according
to the recorded pat IbereoL Steams County, MinoeaL, described a follows:
Commencing at the northwa corm r of Lot I5, Black 3, of aid CuRACEVIEW ESTATES; thence North 70 degrees 43 minutes 06 seconds East 79.38 fat to the
northwest comer of Lot 52; thence South 08 degrees 02 minutes 05 acoods War 64.00 fed to the southwest comer of Lot 53; thence South 81 degrees 37 males
55 see-de Eat along the smth Une of aid Lot 53, a alias- of 15.02 fat thence southeasterly 72.36 feet along a more Unwential curve, concave to the not east
having a radius of 154.00 feet. a central ask &1`26 degrees 55 mimoa 17 seconds, chord hearing of South 32 degrees 06 minutes 03 seconds Fast to the mrthweskriy
line of Lot 54; thence South 28 degrees 02 minutes 05 seconds West along said northwesterly love 10.82 fen to the st mbwat cosecs of said Lot 54; theoec Somh
61 degas" 57 minutes 55 seconds Ent 128.00 fee b the southeast corer of Lot 57; theme Nosh 28 degrees 02 minks 05 gaomb Eau MICAS the muthanaly lie
of aid Lot 57, a distance of 20.13 fed; theme South 81 degrees 59 minutes 43 seconds Eat 64.21 fad: Meow southe arly 100.86 rest along a mm tangential curve
concave to the southwest, having a radius of 115.00 feet, a antral angle of 50 degrees IS minutes 06 seconds; chord beams of South 56 degree 52 minks 10 seconds
Eau to the westerly line of Lot 68, theme South 15 $pee 07 minutes 00 saonds East along aid westerly line and it'. southerly eatanim 63.81 feet these.
southwesterly 178.39 fat along a one tangential awe, eoneave to the mnhwen, having a radius of 115.00, • Central angle of 88 degree. 52 minks 41 $coca&,
chord bearing of South 45 degrees 56 mamas 58 seconds West to the easterly line of Lot 76; theme Noah 00 degrees 02 minutes 05 wonds Ear MICAS sew -doily
live 9.29 fed to the northeast coma of aid Lot 76: thence Nord 89 degrees 57 minutes 55 seco60s West &IM the mM line of said Lot 76 and it'. westerly extension
72.79 fee; theme North 81 degrees 52 minutes 38 wands Wen 24.53 fast theme northwesterly 53.17 feet along is mn rangential curve, noncan to the mMwt having
a radius of 190.00 fed, a antral angle of 16 degrees W minutes 05 seconds, chord bearing of Noah 73 degrees 51 minutes 36 seconds West to the adkrly line of Lot 80;
theme North 00 degrees 02 minutes 05 seconds East along did easterly Une 9.61 fat to the northeast comer of aid Let 0; thence North 99 degrees 57 mmut" 55 seconds
West along de north Use of did Lot g0, a distance of 18.63 feet theme northwesterly 26.55 feet alms a son tangential curve, concave to the northeast having a Mine of
190.00 fat, a antral angle of 08 degrees 00 minutes 28 seconds, chord baring North 55 degrees 30 minutes 52 seconds West theme North 51 degrees 30 minutes 38 wends
War 8.35 fed; thence northwesterly and northerly 180.77 feet along a con tangential ewe, concave to the northeast, having a Mors of 140.00 fed, a central angle of 73 degrees
58 minutes 47 seconds, chord bearing of Noah 14 degrees 31 matures 15 seconds Woo: thence North 12 degrees DD mbmtea 09 seconds West cot tagem to last ewe
19.92 feet o the southeast coma of Lot 13; theme North 02 degrees 57 mine" 55 scccmds West 51.78 feet to the northeast coma of aid Lot 13; theme South 87 degrees
02 minutes 05 seconds West along the nodhedy but of said Lot 13, a distance of 19.30 fee; thence northwesterly 3131 fed MICAS a con tangential cr'vc, concave to the mrthcasl,
having a radius of 234.00, a central angle of 07 degrees 39 minutes 28 gaonds, chord hearing of North 23 degrees 57 minutes 15 "cords West to the eogerly line of Led 14; thence
North 02 degrees 57 moues 55 seeoah West 20.82 fat to the northeast coma of said lot 14; theme South 87 degrees 02 minute 05 seconds Wed 3.41 feet to the southeast
coma of Lot 15; then" North 02 degrees 57 minutes 55 seconds West song the easterly line of ail Le 15, a distance of 50.00 feet to the point of beginning. LESS sad EXCEPT
that part lying within Lots 58 thm 67, Block 3.
POND LEGAL DESCRIPTION:
A perpetual Cerement for drainage and utility purposes ova, under, and sans that pat of Le 88, Block 3, GRACEVIEW ESTATES, according
to the recorded put thereof, Saturn County, Mimeada, described a follows:
Commencing at the m thwea comer of Lot 89. Block 3, of mid GRACEVIEW ESTATES, aid point also being the sastesly right of way of 4th Avenue SE; theme
South 00 degrees 45 mtr uks 43 seconds East eventual hearing, along the west line of aid lot 88. a dtsame of40.00 to the poa of begun d of the easement o
be desert' bed; Mace continuing Sarah 00 degree 45 minute 43 seconds East a distance of 16.46 feet; Mena aoutherly 162.47 ka gong • non tangential ewe,
concave to the am, having a radius of 270.00 feet, a Central angle of 34 degrees 28 minute 41 seconds, chord bearing of South 13 degrees 00 minors 04 seconds Test
theme motherly 104.94 fed gong aid right of way along a reverse cwt, concave to the west having a radius of 280.00 ha, a central angle of 2l degrees 28 minutes
24 wonds, chord baring of South 24 degrees 30 minutes 12 accord. East; thence North 84 degrees I I minutes 43 seconds Fat 3.77 fat theme North 06 degrees
00 minutes 53 seconds West 7124 fat; thence North 01 degrees 04 minutes 43 woAds East 64.23 fat; thence North 10 de s 45 minutes 09 seconds Eat 35.00 feel;
theme North 31 degrees 52 miAUte. 16 seconds Eta 50.99 feet thence North 55 degrees 58 mine" 01 woods East 40.61 feet; theme North 70 degas 14 minute
13 woods East 67.25 feel; theme South 89 degrees 14 minutes 05 wood; West 221.30 feet to the point of beginning.
SHEET I OF I
L�
K
EASEMENT EXHIBIT A
to s r•mrrs
X
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L.�
58 fi0
BLOCK 3
1
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ADDRESSING EXHIBIT C
EAST BAKER STREET
1�
45 F Z \ �> Be
ea
4 1 i ` \\
p r % f 42 I V i�� 35
5C
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III ORACEVEW W" p 51 �., / q 1 37 36
39
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5 CF1�j BLOCK 3
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10 6
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=111 I
79 i '76
75
1
1 1 r 76 ! 77 I 75
I- - — — — - - - -J ,
--- — ---- - - --.1 BLOCK 3 ' L--- ------
7 1 ----- ----
I /
2
_ ____— ________ _ _ __ ___
X
teU •A p tnf
SEH _ SMA�fH � I
Agreement of Reassessment and Waiver of Appeal
THIS AGREEMENT, is made this _ day of , 2011, between the City of Saint Joseph,
State of Minnesota, (hereinafter referred to as the City,) and of
County, State of Minnesota, (hereinafter
referred to as Ownerls]).
WHEREAS, in February 10, 2005, the City adopted a final assessment for the 2005 Cloverdale Area Improvements
and specially assessed Lot 88, Block 3, Graceview Estates in the amount of $20,200.74 for such Improvements. Lot
88 constitutes a Common Element within Graceview Estates and is owned by Graceview Estates Homeowners
Association;
WHEREAS, Lot 88 constitutes the Common Element of Graceview Estates Planned Community subject to the
Common Interest Community No. 62, Planned Community Declaration dated June 26, 2003, and is owned by
Graceview Estates Homeowners Association, Inc., (hereinafter referred to as (GEHA) and ;in a letter dated August
31, 2010, GEHA requested that the City conduct a reassessment of the 2005 Cloverdale Area Improvements in
accordance with Minn. Stat. § 429.71, so that the remaining amount of the special assessment would be rendered
against the individual Lots within Graceview Estates, Lots 10 — 87, Block 3, Graceview Estates, rather than the
Common Elements, Lot 88, Block 3, Graceview Estates;
WHEREAS, the owner is the owner of Lot Block . Graceview Estates; .
NOW THEREFORE, the City and Owner agree to this requested reassessment in accordance with Minn. Stat. §
429.71, and the terns and conditions set forth below:
i . Reassessment: Owner hereby joins in the requested reassessment as provided under Minn. Stat. § 429.71
of the 2005 Cloverdale Area improvements so that a special assessment equal to lf77* of the remaining
amount of the special assessment be rendered against Owner's property individually, rather than the
Common Element Lot 88, Block 3, Graceview Estates.
2. Waiver:
a. Owner expressly waives the City's obligation to comply with the notice requirement as provided in
Minn. Stat. § 429.061 for the original assessment. This Agreement will serve as notice.
b. Owner expressly waives objection to any irregularity with regard to the said reassessment and any
claim that the amount thereof levied against Owner's property as requested in this Agreement is
excessive, together with all rights to appeal in the courts.
The following individual(s) has/have hereunto set his/her hand, the day and year first above written.
City of St. Joseph ("City ") Owner(s)
Signature:
Title:
Signature:
Name:
Signature Signature:
Title
Name:
2:15
ADDRESSING EXHIBIT C
EAST BAKER STREET
BL K a8 I I
- II
GOND 25 ,. 2o
I I '
'� � 2a - I I 0
511 �?S`) z,
<4
�1 1 611
\ o
\ I - GRACEVIEW DRIVE
1 \
-� On
1 ',{ LOCK Y"
\ GRACEVIEW DRIVE O t , 4
39 2 '\
' ° F��Fw as BLl.,rk
s.,
i' Al I 1 FS )
\:� o f •I �. � I 1
rj 1 ;• I
88
BLOCK 3
t -- --
f
0 69
211 5 2
4 t
0 5 ? 4
, __ 1
G R4CEVIfW LOOP
3 36 3 4 / O _
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II
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r - - - - — _- _- _ -_-_- 4 4 4 5 _
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7 \ - - - - -- - — ----- - - - — — -
I I \ — 1 1 I r - - - -
-
\ /� a4 I -
FAITH E
LI LC,I .:
LEGEND:
4 J -- Waivers Received
! Bank owned property
I 12�_ _ i
X
Y
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` szo zNatlwl}�E. s. 'g
91. CLOID. G
� 32o.
SEH p
F. )n.229.19U1
Judy Weyrens
From: Judy Weyrens
Sent: Saturday, June 18, 2011 11:22 AM
To: 'Roger Neils'; Thomas G. Jovanovich: Wick, Dale; Renee Symanietz; Terry Thene; Randy Sabart
Cc: Brenda A. Wolbeck
Subject: RE: St Joseph /Graceview Agreement
Roger —
In response to the seal coating question, we had offered to recommend the Council authorize two installments, with half
in 2011 and the balance in 2012. The City is part of an area bid that has just been released, we will not know the exact
cost until July 7, 2011. It is the City's intention to start the seal coating as soon after bid award as possible. Therefore,
we will need a commitment from Graceview regardless of the signing of the agreement. August 15 was selected as it is
anticipated that is when the City will have a payment request from the contractor.
I am not sure it is necessary to add another party to the decision making process on the mailbox, l trust that the Public
Works Director is the responsible person for this area and he can have a discussion with the postmaster.
I will defer the street sign matter to the Public Works Director and Engineer.
Judy
From: Roger Neils fmallto:Roaer@nfdaw_wW
Sent: Friday, June 17, 20116:05 PM
To: Thomas G. JovarvAch; Wick, Dale; Renee Symanietz; Judy Weyrens; Terry Thene; Randy Sebart
Cc: Brenda A. Wolbeck
Subject: RE: St Joseph / Graceview Agreement
Tom, as I indicated when we spoke earlier this week, I believe your changes are ok
with just a couple of questions /changes:
• 1.1 A - Seal Coating, I believe that there had previously been an
indication that each of the installments would be $2,866.66. please insert if
correct, if not, what is the cost? We would like to have this nailed down. Is
there a particular reason for August 15 as the date? Given the current status,
perhaps that should be left blank until we are all signed up.
• 2 - IC - Parking - should add the Postmaster as being involved in working
through the mailbox locations.
• 1.1D - Street Signs - I have not been able to review the standards from
Randy, but Diane understands them to mean that the existing street signs - meet the
size standards now and that the date for the reflectivity standards to be inserted
is January 22, 2018. We would understand that to also be the date that the rest
of the City signs would be in compliance. That date should be sufficient for
GEHA to get it into the budget and coordinate with the City process.
ROGER D. NEILS
NEILS, FRANZ & CHIRHART, PA
2:17
1011 2nd Street North
PO BOX 307
ST CLOUD MN 56302
Tel: 320- 253 -7130
Fax:320- 253 -0503
E -mail: roae!!@nfclaw.com
- - - -- Original Message---- -
From: Thomas G. Jovanovich (mailto:TJovanovichOraihan.com]
Sent: Tuesday, June 14, 2011 9:26 AM ,
To: Roger Neils; Wick, Dale; Renee Symanietz; Judy Weyrens; Terry Thene; Randy
Sabart
Cc: Brenda A. Wolbeck
Subject: St Joseph /Graceview Agreement
Attached please find a redlined version of the Agreement. I attempted to
incorporate all the changes we discussed at our June 13 meeting.
Please email me and all recipients if you believe there should be any other
changes or if you have any comments. Please email you acceptance and /or request
for changes to all persons above as well as myself. When I receive responses
from everyone, I will prepare a final clean draft for signature.
Randy Sabart, please provide the date that the Federal Reflectivity Standards
must be met. I have left a blank in the Agreement for that
date.
Tom Jovanovich
Rajkowski Hansmeier Ltd.
320 - 251 -1055
tiovanovichOraihan.com
* * * * * * * * * * * * * * * * * * ** *Internet E -Mail Confidentiality
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Information contained in this e-mail transmission is intended only for the use of
the addressee(s) named above and is privileged and confidential. If you are not.
the addressee, or the person responsible for delivering it to the addressee, you
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