HomeMy WebLinkAbout[07e] Development Agreement - CSB
DRAFT DATE 9/02/11
CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
(College of St. Benedict)
THIS AGREEMENT, made and entered into this _____ day of _______________, 2011, by and between
the College of St. Benedict, a Minnesota nonprofit corporation hereinafter called the “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 as described in Exhibit ___ (herein after
called the “Property” or “Development” or “Development Property”), located within the City of
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St. Joseph, which is being platted as Lot 1 and Outlots A, B, C, D, E, and F, Block 1, College 2
Addition;
WHEREAS, the Developer intends to subdivide and develop the Property as a unified mixed use Planned
Unit Development (“PUD”) consisting of the following uses and parcels:
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Lot 1, Block 1; College 2 Addition College Housing to include construction of four –
eight unit structures housing a maximum of 128
students and staff, and a Commons building to
include study areas, lounge, kitchen facilities, and
exercise area. The College Housing is intended to be
occupied by students actively enrolled at the College
of St. Benedict and management staff for the
supervision of the Student Housing. The Student
Housing shall not be offered to non-CSB students,
senior citizens, or the general public.
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Outlot A; College 2 Addition College Welcome Center to include an admissions
office, conference rooms, and a visitors center as
proposed, and limited to office and assembly space to
be used solely by the Developer. This definition
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specifically prohibits any sales of wholesale/retail
goods and services whether marketed to students or
the general public. If at the time of development of
Phase Three, the Developer request to modify the
approved uses, such uses will be considered a “major
changes: to the PUD and will require reapplication
for PUD approval.
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Outlot B; College 2 Addition Is not part of this agreement and shall remain zoned
as Agricultural, and as such is not eligible for
building permit issuance unless rezoned and platted.
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Outlot C; College 2 Addition Storm Water Holding Pond
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Outlot D; College 2 Addition Athletic Fields and Recreational Facilities
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Outlot E; College 2 Addition Storm Water Holding Pond
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Outlot F; College 2 Addition Storm Water Holding Pond
All proposed uses will meet the zoning requirements of the St. Joseph PUD Ordinance, Special Use
Requirements, and R-4 Townhouse District Ordinance, with modifications to the R-4 Townhouse District
Ordinance as approved by the City through the PUD process as set forth herein;
WHEREAS, the Developer has submitted to the City for approval the Preliminary Plat drawing and
mixed use PUD, and drawings listed on Exhibit ____ and ____ attached hereto and herein referred to as
the “Project”;
WHEREAS, it is the intention of the Developer to subdivide and develop the Development Property
under the PUD Ordinance by obtaining Special Use Permits in accordance with the R-4 Townhouse
District Ordinance of the City of St. Joseph;
WHEREAS, the Developer has submitted to the City for approval the Preliminary and Final Plat entitled
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College 2 Addition, a Special Use Permit providing for a mixed development under the PUD Ordinance;
and
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WHEREAS, the Developer considers Outlot B of College 2 Addition as a separate, undeveloped, and
distinct parcel which will remain zoned agricultural.
WHEREAS, the City’s Code of Ordinances requires that the City and the developer enter into a
Developer Agreement to provide for inspection and review during the Project and to set forth obligations
of the Developer and conditions for development after approval of the final PUD Plan.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY
AGREED AS FOLLOWS:
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1.0 REQUEST FOR AND CONDITIONS OF THE PRELIMINARY PLAT AND MIXED USE
PUD PLAN APPROVAL
1.1Request for Preliminary Plat, Special Use Permit, and Mixed Use PUD. The Developer
has asked the City to grant final approval of the Preliminary Plat, Special Use Permit, and
Mixed Use PUD Plan for the Project to be constructed on the Property and to grant final
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approval of a plat for the mixed use final PUD Plan which will be called College 2
Addition. Approval of the proposed plat and mixed use PUD Plan does not constitute site
plan approval for individual structures. A site plan approval is required for all outlots,
structures, facilities, and fields to be located in the proposed plat/PUD Plan.
1.2Conditions of Development Plan Approval and Plat Approval. The City, after requisite
notice and hearing, has granted final approval of the Plat, Special Use Permit, and Mixed
Use PUD Plan and final approval of the project subject to the terms and conditions of this
Agreement.
1.3Scope of Agreement. This Agreement, and the terms and conditions hereof, apply only to
the Project. This Agreement does not obligate Developer to construct the Project, but
Developer must comply with the Agreement if it goes forward with the Project. If
Developer elects not to or is unable to go forward with the Project, or chooses not to
rebuild the Project after a fire or casualty, it may propose to the City a new project or
development for the Property, subject to the regulations then in effect for development
approvals, and the Agreement shall not apply in any manner to such new proposal.
1.4Development of Outlot B. The Developer requested the City consider Outlot B as a
separate and distinct parcel and as such the provisions for drainage and utilities were not
been submitted for review. This agreement acknowledges that before development of
Outlot B, all zoning, drainage and utility provisions must be met. The Developer
acknowledges that declaring Outlot B as a separate and distinct parcel may limit
development in the future of this Outlot and the City is not obligated to vary standards to
accommodate future regulations.
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 Recorder’s Office.
3.0 R-4 TOWNHOUSE/PATIO HOME RESIDENTIAL DISTRICT
3.1Intent. The R-4 District is intended for those areas designated as medium and/or high
density residential areas or residential planned unit developments under the
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Comprehensive Plan. The R-4 District shall be developed by Planned Unit Development
in accordance with the provisions of Ordinance 52.09, except that the provisions requiring
a minimum of twenty (20) acres will not apply.
3.2R-4 Townhouse/Patio home District Ordinance Applicable. The Development must meet
all requirements under the City of St. Joseph R-4 District Ordinance, except those
specifically modified by the City in accordance with the approval process for the PUD as
provided herein.
4.0 DEVELOPER-CONSTRUCTED PRIVATE IMPROVEMENTS
4.1The Developer agrees to construct those private improvements itemized below and as
illustrated on Exhibit _____ (hereinafter known as the “Private Improvements”):
(a)Site Grading;
(b)Water distribution system including fire hydrants, valves, and
appurtenances;
(c)Water Fountain, to be fed by a private well.
(d)Sanitary Sewer Collection System;
(e)Building Services (with regard to extension of municipal services);
(f)Concrete Curb & Gutter as it relates to ingress and egress streets and
parking lots;
(g)Erosion Control on Site;
(h)Storm Water Runoff Treatment and Control on-Site;
(i)Signs Designating Pedestrian Walkway, Traffic Directional, regulatory, and
warning signs in Designated Parking Areas;
(j)Internal private street and parking lot lighting
(k)Internal private sidewalks; and
(l)Permanent turf establishment.
4.2Project-Specific Requirements for Developer-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 _____ (hereinafter the “Development Plan”), subject to the provisions
of this Agreement. Any deviations from the Development Plan in the approved
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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:
(i)an increase in the number of structures;
(ii)revisions to location of internal roads; and
(iii)revisions similar in nature to those listed 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:
(i)revisions to the approved design concept;
(ii)revisions to the approved uses;
(iii)an increase of greater than 15% in density;
(iv)a decrease in the amount of landscaping, site perimeter buffering, and open
space; and
(v)an increase in traffic volumes, parking, or change in circulation patterns
which impact surrounding development.
(b)The Developer agrees to perpetually permit the discharge of storm water run-off
from the Callaway Street catchment through the Developer’s private drainage
collection and treatment system downstream of the Callaway Street public right-of-
way or perpetual easement.
5.0 DEVELOPER-CONSTRUCTED PUBLIC IMPROVEMENTS
5.1The Developer agrees to construct those public improvements itemized below and as
illustrated on Exhibit ___ (hereinafter known as the “ Public Improvements”):
(a)Water distribution system including fire hydrants, valves, and appurtenances in
Callaway Street;
(b)Sanitary Sewer Collection System in Callaway Street;
(c)Storm Sewer Collection System in Callaway Street;
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(d)Erosion Control associated with public improvement construction; and
(e)Sidewalk along College Avenue (CR 121).
5.2Rights of Way. Developer shall dedicate to the City as platted right-of-way or perpetual
easement all rights-of-way necessary to install, operate, and maintain the Public
Improvements prior to being granted the right to proceed in accordance with
Paragraph 2.0.
5.3Ownership of Improvements. The Public Improvements will become the property of the
City when they have been accepted for maintenance
6.0 PROJECT PHASING
6.1Three Phase Development. The project will be constructed in three (3) phases: Phase One
being the construction of the Student Housing, Commons building, and related site work,
on Lot 1, Block 1with construction anticipated to begin in the fall of 2011 and to be
completed by August 1, 2012; Phase Two will include the construction of athletic fields
and recreational facilities on Outlot D, with construction anticipated to begin in 2012; and
Phase Three will consist of a Welcome Center on Outlot A, with an undetermined
construction date. Phases Two and Three are ‘ghost platted’ to illustrate intended layouts,
however, said phases are platted as Outlots to be final platted/planned at a future date.
Final PUD plan/plat approval shall be as defined by City Ordinance and shall not require a
public hearing unless a “major change” as defined under this Agreement is contemplated.
Site plan and building permit approval shall be subject to approval of each phase of the
final PUD Plan/Plat. All phases of the Project shall conform to changes in City
Ordinances relating to use of land (i.e. zoning) and/or platting of property (i.e.
Subdivision), and/or planning documents (i.e. comprehensive plan, trail/sidewalk plan,
transportation plan, water/sewer comprehensive plans, etc) that are placed into effect two
(2) or more years after execution of this Agreement. In the event Phases Two and/or Three
do not receive final PUD plan/plat approval (i.e. converted from Outlots) within five (5)
years of the date of this Agreement, preliminary plan/plat approval shall become null and
void for portions of the Project not receiving final PUD plan/plat approval.
6.2Phase One. Phase One shall consist of a Student Housing complex, including four
residential buildings, each with eight units, and a separate “Commons” building, as well as
a parking lot, sidewalks, drainage ponds, an infiltration basin, utilities and other related site
work, access roads, and landscaping.
(a)Building Code Compliance. All buildings and accessory buildings shall be
constructed in accordance with the Minnesota State Building Code as adopted and
modified by the City Code.
(b)Site Preparation. The Developer shall comply with erosion control methods
ordered by the City for the prevention of damage to adjacent property and the
control of surface water runoff. As the Development progresses, the City may
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impose additional erosion control and storm water management requirements if in
the opinion of the City Engineer such requirements are necessary.
(c)Building Elevations. The building elevations of the proposed Student Housing
complex will not exceed 35 feet as defined and measured in accordance with the
City Ordinance.
(d)Building Exterior.
(i)The exterior of the buildings shall include variations in building materials,
which are to be distributed throughout the building facades and coordinated
into the architectural design of the structure to create an architecturally
balanced appearance. The exterior facades shall include a combination of
fiber cement lap siding and fiber cement shake siding.
(ii)All proposed structures shall be designed to prevent the appearance of
straight, unbroken lines in vertical and horizontal surfaces. No exterior wall
shall have a single exterior wall longer than forty (40) feet without an offset
in the vertical or horizontal surface.
(e)Building Separation. The separation between buildings shall not be less than thirty-
eight point seventy four (38.74) feet.
(f)Maximum Density. The maximum density per residential building shall not exceed
32 residents, and occupancy shall be limited to students enrolled at the College of
St. Benedict and management staff for the supervision of the Student Housing.
(g)Ingress/Egress to Property. The Developer shall construct two methods of
ingress/egress to the Development. The Developer shall insure that the entrance for
ingress/egress to County Road 121 (“CR 121”) and Callaway Street is completed
before issuance of a certificate of occupancy.
(i)The first entrance for ingress/egress will be from the Development to
CR 121.
(ii)The second ingress/egress shall be to Callaway Street and shall be clearly
defined through the use of signage, striping, and/or other means acceptable
to the City. The ingress/egress shall be constructed to meet City Street
design standards to include B612 curb and gutter.
(iii)If a development plan is submitted to the Planning Commission for Outlot
B, prior to construction of the ingress/egress to Callaway Street, the
Develop may request the Planning Commission modify the location of the
ingress/egress. Any change in location must be approved by the Planning
Commission and the street section must meet the design standards to
include B612 Curb and Gutter.
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(iv)Each building shall only be required to have one (1) entry access.
(h)Parking Standards. The Developer shall provide 144 parking spaces with
expansion capacity for an additional 24 parking spaces. The City shall not require
construction of the additional 24 parking spaces until such time that the City
determines that it is needed for overflow parking from the student housing
complex. Parking shall be by permit only, reserved for residents and a limited
number of guests of the residents. Parking standards shall include:
(i)All off-street parking must be setback at least fifteen (15) feet from the
PUD boundary and from Outlot B.
(ii)The parking lot on Lot 1, Block 1 shall be screened or landscaped along the
shared boundary with Outlot B.
(i)Accessory Use. The Development will contain a structure to be used as a
“Common” area to include study areas, fitness, lounge, kitchen facilities, and
restroom facilities. The “Commons” shall meet the exterior requirements of
Section 6(d) above.
(j)Fire Hydrant/Fire Access and Lock Box. Fire Hydrants must be located as
indicated on Exhibit ____. Before issuance of a building permit, the Developer
must provide detail of the fire suppression system. Before issuance of a Certificate
of Occupancy, all buildings must have installed a Fire Lock Box approved by the
Building Official.
(k)Landscaping. The Developer shall complete all landscaping as illustrated on
Exhibit ____ before issuance of a certificate of occupancy. The Landscape Plan
must meet the requirements of the City Code.
(l)Lighting. The Developer must provide lighting to illuminate off street parking and
access roads. Lighting shall be provided in accordance with the City Code.
(m) Signage. The Developer will locate signage on the Commons buildings that will
identify the Student Housing facility by name and also identifies Collegeof
St. Benedict. Prior to sign installation a building permit must be secured verifying
the sign meets all Ordinance provisions.
(n)Roof Pitch. The roof pitch shall include a small design feature as an exception to
the minimum 4:12 pitch requirement, which will be at a pitch of ¼ inch per foot.
(o)Sidewalk. The Developer shall be required to construct the sidewalk abutting CR
121 as described in section 7.1(b) of this agreement.
(p)Severe Weather Shelter. The kitchen, restrooms and fitness room section of the
Commons Building shall serve as a severe weather shelter for the residents residing
in the Student Housing Facility and shall be designed and constructed to meet the
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minimum requirements of the MN State Building Code. The Certificate of
Occupancy for the residential facilities will not be issued until the serve weather
shelter is completed and approved by the Building Official.
6.3Phase Two. Phase Two shall consist of Athletic Fields and Recreational Facilities,
including softball fields, tennis courts, soccer fields, running track, concession stand, and
restroom facilities as illustrated in Exhibit ____ and to be developed subsequent to final
plan/plat approval as Phase Two as defined herein. The developer acknowledges that the
City was not provided a utility plan to provide services for the development of concession
stand and the restroom facility as the plan is conceptual in nature, nor was the City
provided a complete grading and drainage plan. Prior to development of Phase Two the
Developer must meet the following conditions/requirements.
(a)Site Plan. Prior to construction, the Developer must submit to the City final
grading, drainage, and utility construction plans and specifications for review. The
Development plans must be consistent with the approved PUD Plan and attached as
Exhibit _________________.
(b)Parking Standards. Construction plans shall include:
(i)Objective data used to calculate the number of parking stalls needed for the
recreational/athletic facilities/field. From this data the required number of
parking spaces shall be determined;
(ii)Unified landscape plan identifying the screening of the parking areas from
the residential property to the east of the property; and
(iii)Illustration that the parking lot meets the Parking lot standard as identified
in the City Code, Section 52.10.
(c)Outdoor Lighting, Public Address System. An impact analysis must be presented
to the City verifying that all outdoor light and audio systems will have a minimum
impact on the adjacent residential neighborhood. The City shall have the ability to
limit the hours of operation of the outdoor lighting and public address system.
Noise levels and light trespass shall not exceed the limits listed in the City Code.
(d)Landscape Plan. A unified landscape plan must be approved by the City. The
landscape plan must illustrate a buffer from the existing residential area to the east
of the property.
(e)Utility Plan. The Developer shall provide the Engineer with a detailed utility plan
illustrating the services that are to be provided.
(f)Sidewalk. The Developer shall be required to construct the sidewalk abutting CR
121 as described in section 7.1(b) of this agreement. If during development of
phase two it is determined by the developer that the sidewalk would better serve the
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public by relocating the sidewalk internally, such plans must be approved by the
City Engineer.
(g)Storm Water. The Developer shall provide the City Engineer with detailed plans
for managing and treating storm water runoff and control on site. Since detailed
storm water plans were not submitted with the initial PUD application, the
Developer acknowledges that drainage and zoning requirements may limit or alter
developments plans for Athletic Fields and Recreational Facilities.
6.4Phase Three. Phase Three shall consist of a Welcome Center, including an admissions
office, conference rooms, and a visitor’s center to be used solely by the Developer and as
illustrated in Exhibit ____. Phase Three shall require final plan/plat approval as Phase
Three as defined herein. Uses authorized by this Agreement specifically prohibit any sales
of wholesale/retail goods and services whether marketed to students or the general public .
If at the time of development of Phase Three, the Developer request to modify the
approved uses, such uses will be considered a “major changes: to the PUD and will require
reapplication for PUD approval.
(a)Site Plan. Prior to construction, the Developer must submit to the City final
construction plans for review. The Development plans must be consistent with the
approved PUD Plan illustrated in Exhibit _________________ and includes the
following detail:
(i)Building location on the lot, drawn to scale;
(ii)Building elevations: front, rear, and side;
(iii)Building exterior materials and color;
(iv)Locations of ingress/egress;
(v)Landscaping material, including location, type of plant, and size.
(vi)Fire Hydrant and fire lane locations;
(vii)Utility locations;
(viii)Fencing, screening, or building accessories to be located in the development
area; and
(ix)Signage.
7.0 PROJECT SPECIFIC REQUIREMENTS
7.1Park Dedication Requirements. The Developer shall provide the following:
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(a)Sidewalk. The Developer shall construct a minimum eight-foot-wide
sidewalk adjacent to CR 121 the entire length of the property from East
Baker Street to the northern boundary of the Field Street right of way.
i.The on-going maintenance and snow removal shall also be the
responsibility of the Developer.
ii. A pedestrian crossing acceptable to both Stearns County and the
City shall be constructed across CR 121 (College Avenue) at
both Callaway Street and at the Development’s main access road
at CR 121 and constructed in conjunction with Phase One
iii.The Developer may construct the sidewalk in conjunction with
the phase that is being developed.
1.Phase One will require the construction of the sidewalk
from Callaway Street East south to the development
entrance on CR 121.
2.Phase Two will require the construction of the sidewalk
from the development entrance on CR 121 south to the
Field Street ROW.
(b)Park Dedication Fee. The Developer shall pay the City Park Dedication Fee
as follows:
(i)The Park Dedication Fee as determined by the land dedication
formula in the City Code is $39,046.46 (see table below).
(ii)The calculation does not include Outlot B as it is not part of this
Development Agreement. The Park Dedication Fee for Outlot B
will be determined at the time of development.
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7.2Storm Development Fee. The property is subject to the Storm Water Development
fee which is $0.20 per square foot of developable property.
(a)Developable Property. Developable property includes the entire
development area, excluding wetlands and public street rights-of-way.
(b)Net Credit. The Developer will be given credit for acceptable stormwater
infrastructure expenditures placed into the City storm water system as
approved by the City Engineer. Before commencement of any building, a
determination will be made as to the net amount due from the Developer,
and any amount owing must be paid at the time of building permit issuance.
7.3Future Pedestrian Crossing. If it is determined by the County or City Engineer that
pedestrian crossing devices, electronic or painting, across CR 121 are required for
the safety of pedestrians, the entire cost of mitigation shall be the responsibility of
the Developer.
7.4Utilities. Facilities constructed within the development shall be required to connect
to the municipal water and sanitary sewer system and shall pay connection fees as
established in Ordinance 44. Private Wells will only be permitted for irrigation
purposes or outside aesthetics such as a fountain.
8.0 EXISTING LAND USE AGREEMENTS
8.1Memorandum of Understanding. In a Memorandum of Understanding dated
October 20, 2004, the College of St. Benedict granted the City of St. Joseph a
drainage easement for storm water ponding for Callaway Street. The agreement
included a provision that in the event that the College of St. Benedict develops the
property, the pond would be relocated to a permanent location and the City would
be responsible for a proportionate share of the costs to relocate the storm water
treatment.
Based on the Engineer’s calculation, the City will reimburse the College of St.
OPEN ITEM
Benedict $ for the proportionate share of the pond cost. The City is not
responsible for land costs associated with the easement.
8.2Agreement Relating to Land Acquisition. In an agreement dated May 19, 2003, by
and between the City of St. Joseph and the College of St. Benedict relating to
acquisition of land for the location of roads, the City agreed not to assess the
College of St. Benedict for any costs relating to the construction of Callaway Street
at the time of the improvement because the College of St. Benedict, at that time,
had no need for access to Callaway Street. At the time of construction, the College
of St. Benedict did not have access to the property and both parties agreed that if
the College of St. Benedict had a need for access to Callaway Street in the future,
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then the City could assess or charge the College of St. Benedict a fee in an amount
to be determined by agreement of both parties.
The Development Plans require access to Callaway Street necessitating a curb cut.
OPEN ITEM
Therefore, based on the actual project costs, the College of St. Benedict shall
reimburse the City of St. Joseph $ 112,455.10, as the fee for access to Callaway
Street.
9.0 GENERAL TERMS AND CONDITIONS
9.1Attorney 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.
9.2Proof 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 in the form of a Title
Commitment issued by a Title Insurance Company.
9.3Binding Effect on Parties and Successors. The terms and provisions of this Agreement
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.
9.4Notice. 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: College of St. Benedict
Attn: Sue Palmer
Vice President of Finance and Administration
37 College Avenue North
St. Joseph, MN 56374
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9.5Incorporation 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.
9.6Indemnification. 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.
9.7License 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.
9.8Streets.
(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 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.
9.9Certificate 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
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certificate of compliance and does not release the Developer from ongoing duties or
responsibilities arising under this contract.
9.10Reimbursement 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 refuses the issuance of building permits until all costs are paid in full.
9.11Platting. The Developer must include all of the Development Property in the final plat of
the Development.
9.12Utility Location. The Developer agrees that all utilities within the Development will be
installed underground, including without limitations electrical, telephone, cable television,
and natural gas.
9.13Plat 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.
9.14Assignment. 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.
9.15Integration. 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.
9.16Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
9.17Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the
State of Minnesota.
9.18Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this
Agreement. The Developer is represented by Hughes Mathews, P.A. with regard to this
Agreement.
15
10.0 DEFAULT AND REMEDIES
10.1Default. 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.
10.2Right 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).
10.3Remedies. 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; and
(c)take any other action at law or in equity, which may be available to the City.
Signed and executed by the parties hereto on this ____ day of ______________, 2011.
CITY OF ST. JOSEPH
ATTEST
By By
Judy Weyrens Rick Schulz
City Administrator Mayor
DEVELOPER
COLLEGE OF ST. BENEDICT
By
Susan Palmer
Vice President of Finance and Administration
16
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2011, by Rick Schultz 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 STEARNS )
This instrument was acknowledged before me on , 2011, by Susan Palmer, the
Vice President of Finance and Administration of the College of St. Benedict, a Minnesota non-profit
corporation, 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
17
18
AGREEMENT
CITY OF ST. JOSEPH, MINNESOTA
AND
THE COLL~GE OF SAINT BENEDICT
RELATING TO THE ACQUISITION OF LAND
FOR THE LOCATION OF ROADS
THIS AGREEMENT is made as of May 19,2003, by and between the City of St. Joseph, a
Minnesota political subdivision, in this Agreement referred to as the "City" and the College of
Saint Benedict, a Minnesota non profit corporation, in this Agreement referred to as the
"College" .
RECITALS:
A. The City is seeking to condemn certain land owned by the College for roadway
purposes.
B. The College wishes to accommodate the City in locating the roads in a manner that
minimizes.the impact on the College.
C. The College has agreed to transfer to the City certain parcels.
D. The City has agreed to pay the College for the transfer of these parcels.
In consideration of this Agreement, College and City agree as follows:
1. Sale of Property. College agrees to sell to City, and City agrees to buy from College,
the real property located in Stearns County, Minnesota described on the attached Exhibit
A, as Parcels A and E, and Exhibit B, such real property shall be collectively referred to
in this Agreement as "Real Property".
2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price")
to be pa.id by City to College shall be $83,142.00. The Purchase Price shall be paid in
cash on the Closing Date.
3. . Contingencies. The obligations of City under this Agreement are contingent upon each
of the following:
a. The representations and warranties of College contained in this Agreement must
be true now and on the Closing Date as if made on the Closing Date.
b. Title shall have been found acceptable, or have been made acceptable, in
accordance with the requirement of Paragraph 5.
c. An agreement between the City and Independent School District No. 742, in this
Agreement referred to as "ISO 742" for the acquisition of Parcel B and Parcel C
1
found on the attached Exhibit A and for the transfer or exchange of such Parcel
C for the College's Real Property that is identified as Parcel D on the attached
Exhibit A.
4. Marketable Title. Upon performance by City, College shall deliver a recordable Quit
Claim Deed, conveying marketable title to City, subject to:
a. Building and zoning laws, ordinances, state and federal regulations;
b. Restrictions relating to use or improvement of the Property without effective
forfeiture provisions;
c. Reservation of any mineral rights by the State of Minnesota;
d. Utility and drainage easements which do not interfere with existing
improvements.
5. Examination of Title. Within a reasonable time after acceptance of this Agreement,
College shall furnish to City a commitment ("Title Commitment") for an AL TA Form B
1970 Owner's Policy of Title Insurance insuring title to the Real Property, deleting
standard exceptions and including affirmative insurance regarding zoning, contiguity,
appurtenant easements and such other matters as may be identified by City, in the
amount of the Purchase Price. The Title Commitment shall commit the company issuing
the title policy to insure title to the Real Property subject only to the encumbrances
permitted under this Agreement.
6. Title Corrections and Remedies. College shall have 20 days from receipt of City's
written title objections to make title marketable. Upon receipt of City's title objections,
College shall, within 5 business days, notify City of College's intention to make title
marketable within the 20 day period. Liens or encumbrances for liquidated amounts
which can be released by payment or escrow from proceeds of closing shall not delay
the closing. Cure of the defects by College shall be reasonable, diligent and prompt.
Pending correction of title, all payments required herein and the closing shall be
postponed.
7. Real Estate Taxes. Real estate taxes due and payable in and for the year of closing
shall be paid by the College.
8. Closing. The closing of the purchase and sale contemplated by this Agreement shall
occur on or before July 31,2003, ("Closing Date"). College agrees to deliver possession
of the Real Property to City on the Closing Date.
9. Assessment. City agrees that College will not be assessed for any costs relating to the
construction of roadway improvements to be located on the Real Property. College
understands and agrees that no curb cuts or driveway openings will be constructed from
such roadways to access the College's real estate that adjoins such roadways.
Notwithstanding the above to the contrary, if the College has a need for access to such
roadways and wishes to develop some curb cuts or drive-way openings, then in such
2
event, the City may assess or charge the College a fee in an amount determined by
agreement of both parties.
10. Assignment. Neither party may assign its rights under this Agreement.
11. Dismissal of Pending Matter. Upon the closing of the transfer of the Real Property,
City and College agree to execute a Dismissal with Prejudice in the matters of The City
of St. Joseph, a Minnesota municipal corporation, Petitioner, vs. College of S1. Benedict,
Respondent; CT. File No. C9-02-4397 and CT. File No. CO-02-4398, and file a copy of
such dismissals with the Court.
12. Survival. All of the terms of this Agreement shall survive and be enforceable after the
Closing.
13. Captions. The paragraph headings or captions appearing in this Agreement are for
convenience only, are not a part of this Agreement and are not to be considered in
interpreting this Agreement.
14. Entire Agreement. This written Agreement constitutes the complete agreement
between the parties and supersedes any prior oral or written agreements between the
parties regarding the Real Property. There are no verbal agreements that change this
Agreement and are not to be considered in interpreting this Agreement.
15. Binding Effect. This Agreement binds and benefits the parties and their successors
and assigns.
16. Controlling Law. This Agreement has been made under the laws of the State of
Minnesota, and such laws shall control its interpretation.
17. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
CITY:
COLLEGE:
COllEGE OF ~EDlcT
~i ~-~ ,
F:\CLIENT\103'OOO31'docslagreement with city(final )-tem
3
ExnmIT A
To
Agreement Between the City of St. Joseph, Minnesota
And
The College of Saint Benedict
Relating to the Acquisition of Land
For the Location of Roads
ParcelA (66 Foot Wide Strip) (From CSB to City)
That part of the Southeast Quarter of the Southwest Quarter (SEl/4 SWI/4) of Section 10,
Township 124 North, Range 29 West lying southerly of Line A and lying northerly of a line
33.00 feet southerly of, measured at a right angle to, and parallel with Centerline A described as
follows:
Line A
Beginning at the point of intersection of the east line of said SEl/4 SWl/4 with the northerly line
of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat
thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of
bearing assumes the east line of said SEl/4 SWl/4 bears South 00 degrees 11 minutes 13
seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet and there
terminating said Line A.
Centerline A
Beginning at the point of intersection of the east line of said SEl/4.SWl/4 with the centerline of
Callaway Street, as platted in GRACEVlEW ESTATES, according to the recorded plat thereof
as is on file in the office of the County Recorder, Steams County, Minnesota, basis of bearing
assumes the east line of said SEl/4. SWl/4 bears South 00 degrees 11 minutes 13 seconds East;
thence South 89 degrees 07 minutes 21 seconds West for 278.00 feet; thence westerly along a
tangential curve, concave to the north, radius 600.00 feet, central angle 36 degrees 17 minutes 50
seconds, 380.10 feet; thence North 54 degrees 34 minutes 50 seconds West along a line tangent
to last described curve for 84.47 feet; thence westerly along a tangential curve, concave to the
south, radius 600.00 feet, central angle 35 degrees 19 minutes 23 seconds 369.90 feet; thence
South 89 degrees 54 minutes 13 seconds West along a line tangent to last described curve for
225.67 feet to the point of intersection with the easterly right-of-way line of County Road 121, as
platted in STEARNS COUNTY RIGHT OF WAY PLAT NUMBER 19, according to the
recorded plat thereof as is on file in the office of the County Recorder, Steams County,
Minnesota; thence continue South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the
point of intersection with the west line of said SEl/4 SWI/4 and there terminate said centerline.
Containing 0.710 acres, more or less.
Parcel B(66 Foot Strip) (ISD to city).
That part of the Southeast Quarter of the Southwest Quarter (SEl/4 SWl/4) of Section 10,
Township 124 North, Range 29 West lying northerly of Line A, easterly of Line B, lying
northerly of a line 33.00 feet southerly of, measured at a right angle to, and parallel with
Centerline A, and lying Southerly of a line 33.00 feet northerly of, measured at a right angle to,
and parallel with Centerline A described as follows:
Line A .
Beginning at the point of intersection of the east line of said SEl/4 SWI/4 with the northerly line
of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat
thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of
bearing assumes the east line of said SEl/4 SWI/4 bears South 00 degrees 11 minutes 13 seconds
East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet and there terminating
said Line A.
Line B
Commencing at the point of intersection of the east line of said SEI/4 SWl/4 with the northerly
line of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat
thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of
bearing assumes the east line of said SEl/4 SWl/4 bears South 00 degrees 11 minutes 13
seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet to the point
of beginning of said Line B; thence North 00 degrees 11 minutes 13 seconds West for 276.00
feet and there terminating said Line B.
Centerline A
Beginning at the point of intersection of the east line of said SEl/4 SWl/4 with the centerline of
Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof
as is on file in the office of the County Recorder, Steams County, Minnesota, basis of bearing
assumes the east line of said SEl/4 SWl/4 bears South 00 degrees 11 minutes 13 seconds East;
thence South 89 degrees 07 minutes 21 seconds West for 278.00 feet; thence westerly along a
tangential curve, concave to the north, radius 600.00 feet, central angle 36 degrees 17 minutes 50
seconds, 380.10 feet; thence North 54 degrees 34 ,minutes 50 seconds West along a line tangent
to last described curve for 84.47 feet; thence westerly along a tangential curve, concave to the
south, radius 600.00 feet, central angle 35 degrees 19 minutes 23 seconds 369.90 feet; thence
South 89 degrees 54 minutes 13 seconds West along a line tangent to last described curve for
225.67 feet to the point ofintersection with the easterly right-of-way line of County Road 121, as
platted in STEARNS COUNTY RIGHT OF WAY PLAT NUMBER 19, according to the
recorded plat thereof as is on file in the office of the County Recorder, Steams County,
Minnesota; thence continue South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the
point ofintersection with the west line of said SEl/4 SWl/4 and there terminate said centerline.
Containing 0.340 acres, more or less.
Parcel C (Triangular Parcel) (from lSD to CSB)
That part of the Southeast Quarter of the Southwest Quarter (SEI/4 SWI/4) of Section 10,
Township 124 North, Range 29 West lying northerly of Line A, easterly of Line B, and lying
southerly of a line 33.00 feet southerly of, measured at a right angle to, and parallel with
Centerline A, described as follows:
Line A
Beginning at the point of intersection of the east line of said SEl/4 SWl/4 with the northerly line
of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat
thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of
. bearing assumes the east line of said SEl/4 SWl/4 bears South 00 degrees 11 minutes 13
seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet and there
terminating said Line A.
Line B
Commencing at the point of intersection of the east line of said SEl/4 SWl/4 with the northerly
line of Callaway St~eet, as platted in GRACEVIEW ESTATES, according to the recorded plat
thereof as is on file in. the office of the County Recorder, Steams County, Minnesota, basis of
bearing assumes the east line of said SEl/4 SWl/4 bears South 00 degrees 11 minutes 13
seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet to the point
of beginning of said Line B; thence North 00 degrees 11 minutes 13 seconds West for 276.00
feet and there terminating said Line B.
Centerline A
Beginning at the point of intersection of the east line of said SEl/4 SWl/4 with the centerline of
_ Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof
as is on file in the office of the County Recorder, Steams County, Minnesota, basis of bearing
assumes the east line of said SEl/4 SWl/4 bears South 00 degrees 11 minutes 13 seconds East;
thence South 89 degrees 07 minutes 21 seconds West for 278.00 feet; thence westerly along a
tangential curve, concave to the north, radius 600.00 feet, central angle 36 degrees 17 minutes 50
seconds, 380.10 feet; thence North 54 degrees 34 minutes 50 seconds West along a line tangent
to last described curve for 84.47 feet; thence westerly along a tangential curve, concave to the
south, radius 600.00 feet, central angle 35 degrees 19 minutes 23 seconds 369.90 feet; thence
South 89 degrees 54 minutes 13 seconds West along a line tangent to last described curve for
225.67 feet to the point of intersection with the easterly right-of-way line of County Road 121, as
platted in STEARNS COUNTY RIGHT OF WAY PLAT NUMBER 19, according to the
recorded plat thereof as is on file in the office of the County Recorder, Steams County,
Minnesota; thence continue South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the
point ofintersection with the west line of said SEl/4 SWI/4 and there terminate said centerline.
Containing 0.069 acres, more or less.
"
EXHmIT B
To
Agreement Between the City of St. Joseph, Minnesota
And
The College of Saint Benedict
Relating to the Acquisition of Land
For the Location of Roads
That part of the Northeast Quarter of the Northwest Quarter (NE1I4 NW1I4) of Section 15,
Township 124 North, Range 29 West lying southerly of the following described line:
Commencing at the southeast comer of saidNEl/4 NWl/4; thence northerly along the east line
of said NEl/4 NWl/4 on an assumed bearing of North 00 degrees 58 minutes 54 seconds West
for 60.00 feet to the point of beginning of the line to be described; thence South 89 degrees 00
minutes 08 seconds West, on a line parallel to and 60.00 feet northerly of the south line of said
NEl/4 NWl/4, for 367.71 feet; thence westerly along a tangential curve concave to the north
having a central angle of24 degrees 09 minutes 26 seconds and a radius of690.00 feet for
290.92 feet; thence North 66 degrees 50 minutes 26 seconds West, tangent to said curve, for
201.15 feet; thence along a tangential curve concave to the south having a central angle of24
degrees 13 minutes 53 seconds and a radius of810.00 feet for 342.57 feet; thence South 88
degrees 55 minutes 41 seconds West, tangent to said curve, for 150.29 feet to the west line of
said NEl/4 NWl/4 and there terminate said line. Containing 4.383 acres, more or less. Subject
to roadway easements over the westerly and southerly parts thereof and any other easements of
record.
Less and except the following tract described in Book 346 of Deeds, Page 527, as on file and of
record in the Office of the Steams County Recorder:
A tract ofland in the Northwest Quarter (NW1I4) of Section Fifteen (15), Township One
Hundred Twenty-four North (124N), Range Twenty-nine West (29W) described as follows:
Beginning at a point in the Eastright of way line of County Road No. 121 that is 1352.9 feet
north and 33 feet East of the Southwest comer of the Southeast Quarter (SWl/4 NWl/4) of said
Section Fifteen (15); thence East 100 feet; thence North 75 feet; thence West 100 feet; thence
South 75 feet along said right of way line to the point of beginning.
F:ICLIENT\I 03\00031\docslExhibit A B to PAl (final).doc
Parcel D (Triangular Parcel) (from ISD to CSB)
That part of the Southeast Quarter of the Southwest Quarter (SEl/4 SWl/4) of Section 10,
Township 124 North"Range 29 West lying westerly of Line B, southerly of Line C, and lying
northerly of a line 33;00 feet northerly of, measured at a right angle to, and parallel with
Centerline A, described as follows:
Line B
Commencing at the point of intersection of the east line of said SEl/4 SWl/4 with the northerly
line of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat
thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of
bearing assumes the east line of said SEl/4 SW1/4 bears South 00 degrees 11 minutes 13
seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet to the point
of beginning of said Line B; thence North 00 degrees 11 minutes 13 seconds West for 276.00
feet and there terminating said Line B.
Line C
Commencing at the point of intersection of the east line of said SE1/4 SWl/4 with the northerly
line of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat
thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of
bearing assumes the east line of said SEl/4 SW1/4 bears South 00. degrees 11 minutes 13
seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet; thence North
00 degrees 11 minutes 13 seconds West for 276.00 feet to the point of beginning of said Line C;
thence North 89 degrees 54 minutes 13 seconds West for 612.83 feet to the point of intersection
with the easterly right-of-way line of County Road 121, as platted in STEARNS COUNTY
RIGHT OF WAY PLAT NUMBER 19, according to the recorded plat thereof as is on file in the
office of the County Recorder, Steams County, Minnesota; thence continue South 89 degrees 54
minutes 13 seconds West for 41.63 feet to the point of intersection with the west line of said
SEl/4 SW1/4 and there terminating said Line C.
Centerline A
Beginning at the point of intersection of the east line of said SEl/4 SW1/4 with the centerline of
Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat t~ereof
as is on file in the office of the County Recorder, Steams County, Minnesota, basis of bearing
assumes the east line of said SEl/4 SW1/4 bears South 00 degrees 11 minutes 13 seconds East;
thence South 89 degrees 07 minutes 21 seconds West for 278.00 feet; thence westerly along a
tangential curve, concave to the north, radius 600.00 feet, central angle 36 degrees 17 minutes 50
seconds, 380.10 feet; thence North 54 degrees 34 minutes 50 seconds West along a line tangent
to last described curve for 84.47 feet; thence westerly along a tangential curVe, concave to the
south, radius 600.00 feet, central angle 35 degrees 19 minutes 23 seconds 369.90 feet; thence
South 89 degrees 54 minutes 13 seconds West along a line tangent to last described curve for
225.67 feet to the point ofintersection with the easterly right-of-way line of County Road 121, as
platted in STEARNS COUNTY RIGHT OF WAY PLAT NUMBER -19, according to the
recorded plat thereof as is on file in the office of the County Recorder, Steams County,
Minnesota; thence continue South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the
point of intersection with the west line of said SEl/4 SW1/4 and there terminate said centerline.
Containing 0.3 73 acres, more or less.
ParcelE (66 Foot Wide Strip) (From CSB to City)
That part of the Southeast Quarter of the Southwest Quarter (SE1I4 SWII4) of Section 10,
Township 124 North, Range 29 West lying westerly of Line B, lying northerly of a line 33.00
feet southerly of, measured at a right angle to, and parallel with Centerline A, and lying southerly
of a line 33.00 feet northerly of, measured at a right angle to, and parallel with Centerline A
described as follows:
Line B
Commencing at the point of intersection of the east line of said SE1I4 SWII4 with the northerly
line of Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat
thereof as is on file in the office of the County Recorder, Steams County, Minnesota, basis of
bearing assumes the east line of said SEl/4 SW1I4 bears South 00 degrees 11 minutes 13
seconds East; thence South 89 degrees 07 minutes 21 seconds West for 662.68 feet to the point
of beginning of said Line B; thence North 00 degrees 11 minutes 13 seconds West for 276.00
feet and there terminating said Line B.
Centerline A
Beginning at the point of intersection of the east line of said SE1I4 SWII4 with the centerline of
Callaway Street, as platted in GRACEVIEW ESTATES, according to the recorded plat thereof
as is on file in the office of the County Recorder, Steams County, Minnesota, basis of bearing
assumes the east line of said SE1I4 SWII4 bears South 00 degrees 11 minutes 13 seconds East;
thence South 89 degrees 07 minutes 21 seconds West for 278.00 feet; thence westerly along a
tangential curve, concave to the north, radius 600.00 feet, central angle 36 degrees 17 minutes 50
seconds, 380.10 feet; thence North 54 degrees 34 minutes 50 seconds West along a line tangent
to last described curvefor 84.47 feet; thence westerly along a tangential curve, concave to the
south, radius 600.00 feet, central angle 35 degrees 19 minutes 23 seconds 369.90 feet; thence
South 89 degrees 54 minutes 13 seconds West along a line tangent to last described curve for
225.67 feet to the point of intersection with the easterly right-of-way line of County Road 121, as
platted in STEARNS COUNTY RIGHT OF WAY PLAT NUMBER 19, according to the
recorded plat thereof as is on file in the office of the County Recorder, Steams County,
Minnesota; thence continue South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the
point of intersection with the west line of said SEl/4 SWII4 and there terminate said centerline.
Subject to road right of way as~ shown on said plat of STEARNS COUNTY RIGHT OF WAY
PLAT NUMBER 19.
Containing 1.042 acres, more or less, of which 0.064 acres, more or less, is county road right-of-
way.
GRANT OF EASEMENT FOR UTILITY AND DRAINAGE PURPOSES
The College of Saint Benedict, a Minnesota non profit corporation (hereinafter referred to as
"Grantor "), owner of the following described real estate, for good and value consideration, the
receipt and sufficiency of which is hereby acknowledged by it, does hereby grant, bargain, sell
and convey to the City of St. Joseph, Minnesota, a municipal corporation, (hereinafter referred
to as "City") a 66 foot easement over, under and across the Southeast Quarter of the Southwest
Quarter, Section 10, Township 124 North, Range 29 West, Stearns County, Minnesota Tying
southerly of the fine described as follows:
Commencing 277.60 feet West of the point of intersection of the east line of said SE1 /4
SW1 /4 with the southerly line of Callaway Street, as platted in GRACEVIEW ESTATES,
according to the recorded plat thereof as is on file in the office of the County Recorder,
Stearns County, Minnesota, basis of bearing assumes the east line of said SE1 /4 SW1 /4
bears South 00 degrees 11 minutes 13 seconds East; thence South 89 degrees 07
minutes 21 seconds West; thence South 00 degrees 52 minutes 39 seconds East for a
distance of 66 feet to the beginning of said 66 foot utility easement; thence westerly
along a tangential curve, concave to the north radius 699 feet, central angle 36 degrees
17 minutes 50 seconds 442.82 feet; thence North 54 degrees 34 minutes 50 seconds
West for 72.17 feet; thence North 35 degrees 25 minutes 10 seconds East. for 66 feet
and there terminating;
herein referred to as the "Easement Property".
Subject to the terms and conditions of this Agreement, Grantor hereby grants to City a non -
exclusive easement to construct and to maintain on the Easement Property, utility lines or
service for storm water drainage and the collection of storm water ruin -off.
Unless the Easement Property is changed by the mutual agreement of the Grantor and City, this
easement shall be permanent.
All improvements and construction performed by the City shall be done in accordance with all
applicable local, state and federal laws and ordinances. Upon completion of construction or any
repairs or maintenance after the construction, City agrees to restore any ground on the
Easement Property to its natural state. All work performed by the City to be done in a neat and
workmanlike manner
DA -AP:10
City shall defend with counsel approved by Grantor, indemnify and hold Grantor
harmless from and against all liabilities, damages, claims, demands, judgments and
expenses, including, but not limited to, reasonable attorneys' fees, which may be
imposed upon or incurred or paid by or asserted against Grantor by reason of or in
connection with any accident, injury, death or injury to any person or property resulting
from the construction, repair, maintenance, or use of the Easement Property.
Dated: January / , 2005.
COLLEGE OF SAINT BENEDICT CITY OF ST. JOSEPH, MINNESOTA
i7 •
By By f
MaryAnn Baenni er sident Richard Carlbo Mayor
9 or Y
� 20.8ffic-4-e4.61 Judy yren�City Admini rator
State of Minnesota )
) ss.
County of Stearns )
The foregoing instrument was acknowledged before me this IZ day of January, 2005,
by MaryAnn Baenninger, the President of College of Saint Benedict, a Minnesota non
profit corporation.
• `.iv`nnr.rtry!> ✓t+ .VtJ :: -� Notary P IIC
::V lI Y O. OVERMAN
j NOI ARV PUBLIC-MINNESOTA t c
M "Cfl! .� S . �
M)u,.ION I�)1.b ?(X15
VVd1FK76W
State of Minnesota )
) ss.
County of Stearns )
The foregoing instrument was acknowledged before me this /? day of January, 2005,
by Richard Carlbom, Mayor, Judy Weyrens, City Administrator, of the City of St. Joseph,
Minnesota, a municipal corporation.
Notary P li
THIS INSTRUMENT DRAFTED BY:
Hughes, Mathews, P.A. >�
MARY REBER GENEROUS
114 Sixth Avenue South, Suite. 200
P.O. Box 548 '' NOTARY PUBLIC -MINNESOTA
St. Cloud, MN 56302 -0548 ti
(320)251 -4399 MY Commission Expires Jan. 31, 2005
F :1cLIENT1103\000181DOCS\GRANT OF EASEMENT FOR UTILITY AND DRAINAGE PURPOSES(Caliaway).doc
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MEMORANDUM OF AGREEMENT
This Agreement made this ( Al day of October, 2004 by and between the College of Saint
Benedict, the "College ", and the City of St. Joseph, Minnesota, the "City ".
1. In order to facilitate the construction of Callaway Street, and at the request of the City,
the College agrees to provide an easement for the construction and maintenance of
utility and drainage purposes, a copy of such easement is attached hereto and made a
part hereof.
2. The parties acknowledge that this easement is being provided without monetary
consideration being paid by the City.
3. The parties agree that the attached utility and drainage easement may be replaced and
removed in the event there is development or construction on the College's property
that requires the development of a permanent storm water drainage system, the
"System ", for the College's property. In such event, the College and City shall share on
the cost of construction of the System based on each parties proportional contribution of
storm water from the City's right -of -way off Callaway Street and from the College's
development of its property. For the purposes of determining the City's share, the right -
of -way off Callaway Street shall be computed using the area that lies east of County
Road 121 and west of the west line of the Graceview Estate development. In addition, in
the event of the development of the System, the College agrees to provide the easement
land without cost to the City.
4. This understanding shall be binding on the successors and assigns of the parties.
COLLEGE OF SAINT BENEDICT
By (t v V P ry-,
CITY OF ST. JOSEPH, MINNESOTA
eye
F:\CLIENT103 o0018\DOCSWEMORANDUM OF AOAEEMENT(callaway).doc
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