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HomeMy WebLinkAbout[05a] Graceview Estates - AgreementC -my OF ST. JOSH l'H...... MEETING DATE: AGENDA ITEM: SUBMITTED BY: Council Agenda Item 5(a) July 21, 2011 Graceview Estates - Agreement Administration BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Subcommittee meeting with the GEHOA has reviewed a draft agreement whereby under certain conditions the City will assume the streets and mains within the common area as public improvements. PREVIOUS COUNCIL ACTION: The City Council appointed a subcommittee of Dale Wick, Renee Symanietz, Randy Sabart, Tom Jovanovich, Judy Weyrens, and Terry Thene to work with representatives of the Graceview Homeowners Association to look at the potential of the City assuming streets and utility lines. BACKGROUND INFORMATION: The GEHOA has executed an agreement which will turn over the streets and utilities to the City. The Association has agreed to complete a seal coating of the streets in 2011 paying 50 percent this August and the second half by next August. Easement have been expanded to meet the City design standards where possible, parking will only be allowed on one side of the street and winter parking restrictions will apply as well. BUDGET /FISCAL IMPACT: Potential increase of fund balance due to pre -pays ATTACHMENTS: Request for Council Action ............................. ............................... 4(a):1 -2 Agreement........................................................ ............................... 4(a):3 -12 REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the Agreement between the City of St. Joseph and the Graceview Homeowners Association identifying responsibilities. 5(a):1 THIS PAGE INTENTIONALLY LEFT BLANK 5(a):2 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 tows the "City" in this Agreement, and Graceview Estates Homeowners Association, Inc., a non -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 � Plat of Graceview Estates, called "Plan B Improvements" and identified therein as: "Street, curb, gutter, storm sewer, sanitary sewer, 10(a):3 water, 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 City, and it is the City's position that said Plan B Improvements were to remain private improvements and were not to be accepted 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, Graceview 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. G. The City and the Association wish to settle all disputes between and among the 2 10(a):4 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 B Improvements will be accepted by the City as public improvements on 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 within the Plat of Graceview Estates indentified in the attached Exhibits A and B, which are respectively the Easement Exhibit A prepared by S.E.H. and dated 6/17/2011, and the description of the utilities and street in Exhibit B prepared by S.E.H. and dated 7/01/2011. 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 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. 10(a):5 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 plowing. 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 streets 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. 11EI>D 10(a):6 D. Street Signs. All street signs within the Plat of Graceview Estates must meet 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 January 22, 2018. E. Street Lights. The Association has maintained and paid for the electricity in the existing street lights on Graceview Drive, Graceview Loop, and Faith Lane. The Association agrees to retain ownership of the street lights and to continue to maintain and pay for the electricity of the existing street lights. F. Easement: The Association grants a perpetual, non - exclusive easement to the City of St. Joseph for a public 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 within the Plat of Graceview Estates 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 water mains, as shown in Exhibit B of this Agreement, B. Easement. The Association grants a perpetual, non - exclusive utility -S- 10(a):7 casement 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 within the Plat of Graceview Estates. 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 within the Plat of Graceview Estates 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. 1.5 Holding Ponds. The City shall accept ownership and responsibility for ongoing maintenance of the holding pond within the Plat of Graceview Estates that is labeled as POND 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. -6- 10(a):8 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 1 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 Graceview 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. The Association acknowledges that future improvements on the storm sewer lines, sanitary sewer lines, and water lines will require trenching up to the edge of existing homes in some areas and that the cost of such future improvements will be greater than what is normally expected for repair and maintenance of such lines. 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.] 6Z 10(a):9 ATTEST CITY OF ST. JOSEPH By: Judy Weyrens, City Administrator Rick Schultz, Mayor Clerk GRACEVIEW ESTATES HOMEOWNERS ASSOCIATION, INC. STATE OF MINNESOTA ) )SS COUNTY OF ) 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 -8- 10(a):10 STATE OF MINNESOTA ) COUNTY OF-5 S )SS On this 18�^ day o , 2011, before me, a notary public within and for said County, personally appeared L, , to me personally known, who, being by me duly sworn, did say that he/she is the vY S I bu Aut 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, Chirhart, Hultgren & Evenson, P.A. 1011 North 2 "a Street P.O. Box 307 St. Cloud, MN 56302 (320)253 -7130 -9- it -1 w1 &WH DUM Mi a.rro� tr..aR a�, zou 10(a):11 THIS PAGE INTENTIONALLY LEFT BLANK 5(a):12