HomeMy WebLinkAbout[08a] Easement encroachment - Northland Heights Council Agenda Item 8(a)
MEETING DATE: August 17, 2015
AGENDA ITEM: Northland Heights—Development Agreement
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: During the discussion of Jasmine Lane, it was discussed that the
existing agreement with Lumber One required Lumber One to construct the road. Lumber One has
argued that they are not responsible for the construction but would make a one-time contribution of S
75,000 to the cost provided the City relieve them of future terms in the Development Agreement.
Attached is a proposed amendment that would acknowledge that the original agreement is not in force and
when the remaining property of Northland Heights is developed the developer must meet all terms and
conditions of development in place at the time of development, which includes road access utility
connections.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Amendment
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the
Northland Heights Amendment
� Jovanovich,
'� Kadlec&Athmann,PA
ATTORNEYS AT LAW
�'IiOMAS G,JOVANOVICH♦ 1410 WEST ST.GrERMAII3,SUITE rlZO
SvsnN M.KADLEC+ ST. CLOUD,MN 56301
I.ORI T...f1THMANN �PPICE:320-230-0203
JEssi�L. SOGGE�K FAX: 320-230-0188
KRISTI D. $TANISLAWSKI
THOMAS G.JOVANOVICH
Thomas Jovanovich(cr�jkalawfirm.com
July 30,2015
VIA EMAIL AND REGULAR MAIL
SHamak�a,rinkenoonan.com
Scott Hamak
Rinke Noonan
1015 W. St. Germain, Suite 300
St.Cloud,MN 56301
Re: City of St.Joseph-Northland Heights
Our File No.40687
Dear Scott:
Enclosed please find an Agreement Regarding Developer Agreement Between City of St.7oseph and
Lumber C3ne Development Company,LLC. This Agreennent sets forth the understanding and obligations
of the City and Developer with respect to the existing obligations under the current Developers
Agreement and the understanding and obligations of the City and Developer with respect to the future
replat and development of Outlots A,B and C of Northland Heights.
Please review and provide your comments regarding the Agreement.
I will be on vacation through August 7,2015. I will be back in the office on Monday,August 10,2015.
Sincerely,
JOV.AN H,K� EC& T�[MANN,PA
.�
By
Tho s G.Jov
Attorney at La
TGJ/baw
Enclosure
c. Judy Weyrens(via email)
Randy Sabart(via email)
Terry Thene(via email)
♦Qutalified ADR Neutral
+CerNfied Real Pmpeny Law Specialist
�k Also admitted in Wisconsln
DRAFT DATE 7-30-15
AGREEMENT REGARDING DEVELOPER AGREEMENT BETWEEN
CITY OF ST.JOSEPH AND LUMBER ONE DEVELOPMENT COMPANY,LLC.
THIS AGREEMENT,made and entered into this day of July, 2015,by and between
Lumber One Development Company, LLC,hereinafter called the"Developer", and the City of
St. Joseph, Minnesota, a municipal corporation, hereinafter called the"City".
RECITALS
WHEREAS, the Developer is the Owner of certain Real Property known as Northland Heights,
which is legally described on Exhibit A, (hereinafter called the"Property"or"Development"or
"Development Property") attached hereto and made a part hereof; and
WHEREAS,the Developer and City entered into a Developer Agreement, dated September 7,
2005, and recorded in the Office of the County Recorder for Stearns County, Minnesota, as
Document No. 1177244 and filed on November 29, 2015 (hereinafter"Developer AgreemenY');
WHEREAS, the Developer Agreement required the Developer to provide for future
improvements, to include but not limited to the following:
A. Connection of 15�'Avenue to County Road 133,including turn lanes on County
Road 133,to be completed in coordination with and as approved by the Stearns
County Highway Department;
B. Connection of Jasmine Lane between Northland Plat 8 and Northland Heights;
WHEREAS, the City and Developer desire to resolve all outstanding obligations with respect to
the Developer Agreement and set forth the conditions for future development and replatting of
Outlots A,B and C of Northland Heights;
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NOW, THEREFORE,in consideration of the mutual covenants expressed herein,it is hereby
agreed as follows:
1.0 JASMINE LANE CONNECTION. Developer hereby agrees to pay the City of St.
Joseph $75,000 as a contribution for the construction of Jasmine Lane between Northland Plat 8
and Northland Heights. Said amount shall be due and payable on
2.0 CONNECTION OF 15TH AVENUE TO COUNTY ROAD 133. Developer shall be
released from the obligation of connecting 15�'Avenue to County Road 133 with respect to the
existing improved Blocks One(1), Two (2), Three(3), Four(4), Five (5) and Six(6) of
Northland Heights. However,this release from the obligation of connecting 15th Avenue to
County Road 133 does not apply to any future replat of Outlots A, B and C. At the time of the
replat of Outlots A,B and C, the Developer agrees that it will be subject to all subdivision and
zoning regulations which are required at the time of the replat of said outlots.
3.0 WATERMAIN ASSESSMENT FOR OUTLOTS. The Developer Agreement
provided that the cost of the watermain located along Jasmine Lane between Northland Plat 8
and Northland Heights was subject to a charge of$11,575.20 at the time of the replat of Outlots
A, B, and C. The Developer and City acknowledge and agree that the$11,575.20 shall be
assessed against Outlots A, B and C at the time the Outlots are replatted. No interest shall accrue
on the$11,575.20 until the replat of Outlots A, B and C.
4.0 HOLDING PONDS. The existing holding ponds constructed for the existing improved
Lots 1, 2, 3,4, 5 and 6 may have some residual capacity for drainage at the time of replat of
Outlots A,B, and C. However, additional holding pond capacity will be required at the time of
replat of Outlots A,B and C based on the permitting requirements in place at the time of the
replat and the design criteria of the replat.
5.0 STORMWATER FEES. Stormwater fees paid to the City pursuant to Paragraph?.17
of the Developer Agreement covered the platting and development of Blocks 1, 2, 3, 4, 5, and 6
of Northland Heights only. At the time of the replat of Outlots A,B or C,the Developer agrees
that the replat will be subject to stormwater fees that are required at the time of the replat of said
Outlots.
6.0 WETLANDS. Additional wetland mitigation will be required at the time of replat of
Outlots A, B and C based on the regulations which are required at the time of the replat of said
Outlots. See Exhibit B,which is a letter from Stearns County Environmental Services
Department, dated October 14, 2009, which sets forth the history of wetland mitigation for
Northland Heights.
7.0 SAC/WAC CHARGES. Water and Sewer Access Char�es (SAC/WAC Char�esl for
the lots in Blocks 1 2 3 4 5 and 6 of Northland Hei�hts and for the replat of Outlots A,B and
C shall be paid bv the owner of each lot at the time the buildin�permit is issued for said lot.
SAC/WAC char�es shall be those in effect at the time the buildin�permit is issued.
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8.0 OUTLOTS A,B AND C. Developer and City acknowledge that there are existing
Outlots A, B and C in Northland Heights which are subject to the Developer Agreement.
Developer and City acknowledge that prior to improving the outlots for sale, the outlots will
have to be replatted and the replat will have to meet all subdivision and zoning regulations which
are required at the time of the replat of Outlots A, B and C of Northland Heights.
9.0 RESCISSION OF EXISTING DEVELOPER AGREEMENT AND
CONTINUATION OF CERTAIN REQUIREMENTS FOR OUTLOTS A,B AND C. The
Developer and City agree that the obligations of either party under the Developer Agreement,
dated September 7, 2005, shall be rescinded effective on the date the Developer pays the City
$75,000.00 for the contribution to the construction of Jasmine Lane, except that the requirements
and obligations set forth in Paragraphs 3.0 through 8.0 above shall remain in effect for the future
development of Outlots A, B and C of Northland Heights. The parties agree that such
obligations shall run with the land and be binding on the Developer, its heirs,representatives,
successors and assigns and all future owners of all or any part of Outlots A, B and C of
Northland Heights.
5.0 BINDING 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 outlots of Northland Heights and shall be deemed covenants running with the
land. 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 outlots to Northland
Heights.
6.0 INTEGRATION. This Agreement contains all of the understandings and arrangements
between the Developer and City. This Agreement may not be amended, changed, or modified
without the express, written consent of the parties hereto.
7.0 GOVERNED BY MINNESOTA LAW. This Agreement shall be interpreted under the
laws of the State of Minnesota.
8.0 REPRESENTATION. Jovanovich,Kadlec&Athmann, PA represents the City with
regard to this Agreement, and Developer has been represented by Rinke Noonan with regard to
this Agreement.
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Signed and executed by the parties hereto on this_day of July, 2015.
ATTEST CITY OF ST. JOSEPH
By By
Judy Weyrens, City Administrator/Clerk Richard Schultz,Mayor
DEVELOPER
LUMBER ONE DEVELOPMENT
COMPANY, LLC.
By
Name: Ted Schmid
. Title: Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
On this_day of July, 2015,before me, a notary public within and for said County,personally
appeared Richard 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 on 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
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
On this_day of July, 2015,before me, a notary public within and for said County,personally
appeared Ted Schmid, to me personally known,who,being each by me duly sworn did say that
he is the Chief Manager of Lumber One Development Company, LLC,the company named in
the foregoing instrument, and that said instrument was signed and sealed on behalf of said
company by authority of its Board of Governors and said person acknowledged said instrument
to be the free act and deed of said LLC.
Notary Public
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THIS DOCUMENT DRAFTED BY:
Thomas G. Jovanovich- 5284X
Jovanovich, Kadlec&Athmann, PA
1010 W. St. Germain, Suite 420
St. Cloud, NIN 56301
Telephone: (320) 230-0203
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EXHIBIT A
Blocks One (1), Two (2), Three(3), Four(4), Five (5) and Six(6) and Outlots A,B and C of
Northland Heights, a plat and survey on record in and for the City of St. Joseph, Stearns County,
Minnesota.
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Ocfober 14, 2009
Cllad Carlson
Lumber One Avon,bic.
P. O.Bax7
Avon,MN 5d310-0007
Re: 2009 Monitoring Repoi�t-Northla��d Heights Development
Niinnesota Wetland Conse�vation Act _ _
_ _ _ ___ _ _
(Jur File Number(31}84-204-X96
Dear Mr. Carlson:
'I'he Steams County TEP did an.ou-sitc inspection of the Northland Heights Mitigation Wetlands
on b-16-2009 at tb.e request af Jo1�ui Sinyth,Bonest�•oo.Jol1�i Srnytl�has requeste�that foxmal
monitoizng and the obligaiaou for maiutori.ng reports be released for Nortlilaud Heights after flie
2009 season.The TEP recomincnded allowuig 2009 to be the last year of fornlal monitoling of
the Mitigation Wetlauds.�
The��e have been several claanges lo the�la�,thc roads,the wctland i�upacts and the ou site
tniYigatiox�wetlaz�ds:6ram the Wetland Replaceinent Plan approved on 5-18-2005.The proposed
lt�pact#3 is now in Outlot C of Nortl�la�d Heiglits.Auy unpacts to this wetland will need to be
addressed at a lattcr date.
As-built surveys show the following;
Irnpact# ] - 13,066 sq ft,lin.pact#2—8,271 sq ft,Inipact#3—not shown, (not cou.structed,ilat
yet impacted?),and Impact#4-3,68G sq ft for a total of 25,023 sq ft.
Mitigation#1—21,335 sq ft NWC and 29,792 sq ft PVC,Mitigation#2—9,547 sq ft NWC and
9,959 sq f.�PVC and Mitigation#3—not shown(not constnicted7)far a total of 30,882 sq ft
NWC aud 39,761 sq ft PVC.
The record.ed easement for the two mitigation wefilands show lhat for Mi�iga�ion Area# 1 -
54,336 sq$was put under eascment and for Mitigation.Ar�a#2—27,654 sq ft was put under
easement.
EXE'I�BR�
as�s.aess "Afi9rmative Actlon!Equel Opportuniry Employer" �
So wetland impacts# I,#2,and#4 have occurred for a total of 25,023 square feet of wetland
impact.Also Mitigation Areas#1 and#2 have been constnzcted a�d native non-invasive
vegetation est�blished for 3�,882 square feet of NVt�C a:nd 39,761 square feet of PVC.
The 5teanis County Environmental Services Deparkment is concurring with the TEP
recommendation.Lumber One Avon Inc is released from formal monitoriiz�g of�1is Mitigation
Wetlands in Northtand Heights after the 2409 Monitoxing Report is reeeived and approved by
this O£fice.
Please call(320)656-3613 if you have questions regarding this in£armation.
Sincere]y .
eg Bechtold
Envuo2unental Specialist ,
_ _.