HomeMy WebLinkAbout[06] Final Plat & Development Agreement - St. Joe Sand & Gravel SUBDIVISION AGREEMENT
FOR
ST. JOE SAND AND GRAVEL
THIS AGREEMENT IS MADE AND ENTERED INTO this day of , 2012, by
and between the St. Joseph Joint Planning Board, a public body pursuant to MN Statutes 414.0325,
hereinafter referred to as "JPB" and Rothfork Associates, Inc., _a Minnesota corporation, hereinafter
referred to as "Developer ", fee owners of the property described in Exhibit A.
WHEREAS, a proposed plat of ST. JOE SAND AND GRAVEL has been approved conditionally by the
JPB; and
WHEREAS, the conditions of approval of said plat are stated in this agreement; and
WHEREAS, the request for plat approval is only for transactional purposes and does not grant or infer
development rights; and
WHEREAS, the subdivision severed an existing parcel, Stearns County Parcel ID #31- 20636.0000,
requiring a second administrative subdivision from Stearns County Parcel # 31- 20633.0000, so
that the lot could meet impervious surface requirements; and
WHEREAS, the final plat cannot be recorded without the completion of the aforementioned
administrative subdivision; and
WHEREAS, the Developer shall provide the JPB with a current title opinion or title commitment at the
time of final plat; and
WHEREAS, the Developer is providing the assurances herein to induce the JPB to provide final plat
approval; and
WHEREAS, the JPB has the power and right to enter into this Agreement to approve the final plat of
the subdivision known as ST. JOE SAND AND GRAVEL.
NOW THEREFORE, in consideration of the mutual promises and agreements contained herein, the
parties do agree as follows:
The purpose of this Agreement is to define the rights and obligations of the Developer with respect to
the final approval, by the JPB, of the subdivision known as ST. JOE SAND AND GRAVEL.
The Developer agrees as follows:
1. The term of this Agreement shall be from the date of execution by all parties and shall continue
in effect until terminated by mutual consent of the parties hereto, unless earlier terminated by
law.
2. In order to avoid future impacts to wetlands within the plat of St. Joe Sand and Gravel, the
developer agrees that the deminimus exemption found in Minnesota Rules 8420.0420 subpart
8; or successor rules, shall not be used for the purposes of draining or filling wetlands located
within said plat.
3. Provide an ingress /egress easement is required to provide Lot 1 Block 1 access to County Road
2 and the easement documents must be provided with the final plat.
4. Provide a financial guarantee in the form of letter of credit, cash deposit or bond equal to 125%
of the re- vegetation plan (Exhibit B) which requires adding a minimum of 4 inches top soil and
seeding. Said re- vegetation plan must be completed no later than June 1, 2012.
5. A drinking water well shall not be installed or used within the plat St. Joe Sand and Gravel.
6. The property is limited to non - residential only.
7. These restrictions shall run with the land and shall be binding on all parties and all persons
claiming under them.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above
written.
DEVELOPER:
Rothfork Associates, Inc.
by:
Peter Rothfork, President
State of Minnesota
ss
County of Stearns
The foregoing instrument was acknowledged before me this day of , 2012 by
Peter Rothfork, the president of Rothfork Associates, Inc., a Minnesota corporation.
Signature of Notary
Notarial Stamp or Seal
ST. JOSEPH JOINT PLANNING BOARD
By
Chair
St. Joseph Joint Planning Board
ATTEST:
By
Ann Reischl, Clerk
St. Joseph Joint Planning Board
This instrument was drafted by:
City of St. Joseph
PO Box 668
St. Joseph MN 56374
Exhibit A
The North Half of the Southeast Quarter of the Southeast Quarter of Section 4, Township 124, Range 29,
Stearns County, Minnesota.
- and —
That part of the North Half of the Southwest Quarter of the Southwest Quarter of Section 3, Township 124,
Range 29, Stearns County, Minnesota, lying westerly and northerly of the following described line:
Commencing at the northwest corner of said North Half; thence North 89 degrees 24 minutes 52 seconds East,
assumed bearing, along the north line of said North Half, 566.01 feet, to the point of beginning of the line to be
described; thence South 00 degrees 05 minutes 48 seconds East, 347.81 feet, to the north line of the South
315.00 feet of said North Half; thence South 89 degrees 23 minutes 14 seconds West, along said north line of
the South 315.00 feet, a distance of 102.27 feet, to the west line of the East 859.33 feet of said North Half;
thence South 00 degrees 28 minutes 55 seconds East, along said west line of the East 859.33 feet, a distance of
315.00 feet, to the south line of said North Half and said line there terminating.