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Home My WebLink About[07] Public Hearing, PUD, CSB Planning Commission Agenda Item 7 MEETING DATE: August 8, 2016 AGENDA ITEM: Public Hearing, College 4"'Addition-Planned Unit Development(PUD) Amendment SUBMITTED BY: Community Development STAFF RECOMMENDATION: Open Public Hearing and continue Public Hearing to September 12, 2016 at 6:00 PM. PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission held a public hearing on the PUD on August 1, 2011 and recommended approval on September 6, 2011. The PUD included the master plan for the entire field east of CR 121 and was a phased development. The first phase of the PUD included the development and construction of the housing units; the second phase is the development of the athletic fields; and the third phase includes a potential Welcome Center. The PUD identified permitted uses and under what circumstances the development would be required to complete a PUD Amendment. Based on the Development Agreement and plans submitted, the project requires a PUD as the number of structures has increased. The City Council approved the PUD on September 15, 2011. BACKGROUND INFORMATION: Applicant Information: Anderson-Johnson Associates, Inc. Architect& CSB, owner Existing Zoning: Planned Unit Development(PUD), R-4 Future Land Use: Medium Density Residential Location: East of College Ave. S and north and east of CSB President's Residence. Special Information: Public Services: Engineering comments are pending. Access: Access to the plat would be derived from College Avenue South and Field Street. The proposed site plan shows a trail extending to Field Street for emergency. A paved access drive will need to be provided extending to Field Street(south entrance). Revise plans accordingly and submit to the city. Overall Plat Information: Size Use Block 1, Lot 1 25.34 acres Athletic Facilities Outlot A 4.05 acres Drainage Ponding Area Outlot B 1.35 acres Drainage Ponding Area Trail and Sidewalk: An existing sidewalk is along County Road 121/College Ave. S. The submitted plan proposes internally trails and to extend the public trail along County Road 121/College Ave. S but stops at the President Residence. Extend the trail to the future Field Street per the PUD College 2nd Addition Development Agreement, City Subdivision Ordinance and Trail Plan. Revise plans accordingly and submit to the City. Landsaping_ A landscaping plan has been submitted. Conifer trees will be required along the entire length of the easterly boundary adjacent to the single family residential per the PUD College 2nd Addition Development Agreement. Revise plans accordingly and submit to the City. Off-Street Parking: An off-street parking plan has been submitted for review. A total of 267 parking spaces are proposed. Lighting_ A lighting plan has been submitted for review. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion to welding shall not be directed into any adjoining property. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property. Waste Handling Screening: All waste, recycling and related handling equipment shall be stored and kept in a four sided enclosure constructed of a brick, stone, decorative concrete material or a material compatible with the material of the principle structure. Hours of Operation: The proposed hours of operation are 8 AM to 11 PM. The applicant indicates that practice may start as early as 8 AM and games could go as late as 11 PM. Although that isn't the norm. City staff is requesting direction from the Planning Commission. Existing Development Agreement: The City of St. Joseph and College of St. Benedict entered into a Development Agreement in 2011 to memorialize the terms of the PUD. The terms of the PUD contemplated the development of the athletic fields and identified matters that would need to be considered at the time of development. Specifically, the agreement include a provision whereby relating to the agreement for access to Field Street at the time Field Street is constructed. The City is in the process of soliciting bids for Field Street with construction anticipated late 2016 and finishing in 2017. City staff will be meeting with College and Stearns County Engineer representatives to discuss the traffic concerns and the need to utilize Field Street. The City Engineer will be present at the meeting as well. The other item not addressed in the submitted plans include an analysis of a public address system. The staff is expecting additional information. ATTACHMENTS: Request for Planning Commission Action Subdivision Application Public Hearing Notice PUD Site Plan Landscape Plan City& CSB Q &A October 2011 Development Agreement Stearns County Highway Department Plat Review [2004] REQUESTED PLANNING COMMISSION ACTION: Staff recommends tabling of the PUD Plan based on the following conditions being met: 1. All engineering issues are addressed (pending). 2. A paved access drive will need to be provided extending to Field Street (south entrance). 3. Extend the trail to the future Field Street per the PUD College 2nd Addition Development Agreement, City's Subdivision Ordinance and Trail Plan. Revise plans accordingly and submit to the City. 4. Add conifer trees along the entire length of the easterly boundary adjacent to the single family residential per the PUD College 2nd Addition Development Agreement. Revise plans accordingly and submit to the City. 5. Submit elevation drawings of waste handling plan, including listing the enclosure construction materials. 6. Submit plans to Northern Natural Gas Company due to proposed encroachment within their gas easement and obtain written approval on the plans, including to encroach into their easement and submit that written copy to the city. 7. Provide audio system information for review and approval per the PUD College 2nd Addition Development Agreement. 8. Resolution of issues identified by the Planning Commission. Motionl: Move to Approve with Conditions/Table/Deny the request for PUD Plan Approval for College 4"' Addition. r � � i � .�..r�.��.�..rl�..,. Cl� O�St. Joseph � C1TY C?F Sl'. jOSEPH A,pp�ication for Snbdivision Raview ' k Application is hereby made fow: (Applicant must check any/all sppropriate items) � . Freliminaty P!a# Final Plat Review � �Planned Unit Developmetzt Plan Review Minor Subdivision Review Land Usa Amandment Rezone APPLICANT INFORII�ATION: N�g�s�: Anderson-Johnson Assoc. Inc. -Jay R. Pomeray p��: July 18, 2096 Address: 7575 Golden Valley Road#200. Minneapolis, MN 55427 Phone Number(s): �� 7fi3-544"�129, Fax: 763-544-�531 Emai1 Addrresss: ipomeroyt�ajalnc.net iNF�RMA7'lON ON PROPEKTY OWNER(if diffecent from Applicent): Property Owner: �o�lege of Saint Benedict Address: 37 Sauth Colfege Avenue, St.Joseph,MN 563742001 Tetaphone: 320-3&3-5225 Em��: bainn�CSBSJU.E�U PROJECI'INFORMATYO'!,435,319 square f�e#or�2.950 acres Parc�l ldentification Number(s)of Property:_PIN $4.53475.8505 ettd PIIV 84.53475.4504 [.egal Dascription of Properiy(may be atta�ched insEead of listed�: —Dutlots C and D, C4lLEGE 2NU ADDITl�N, aac�rding to the recorded ptat �th4reof, Steams County, Minnesata.Tewnship 924, Range 29, Section 15 Name of Alat: PIN 84:53475.�5Q5 at�d PIN 84.53475A504 C3ross Area: >>4�5,399 square feet or 32.95Q acres - Number of Lots: 2 Name of Pending StrQet Namo(s)Included in Developmerrt: N�A � Name of Land Surveyor/Enginear: �unde tand Surveying � Address of Land Surveyor/Engineer:�� E�6t Bioominaton �reewav#118. Blaaminaton.M!d 55420 � i � � . .�_-.... _ .� --..._.........._._..�...�..�.�....�...�...._-.-.�...._. _. , ._. .___., _ ••- paa�I 1 � st 1�epn�vp+kaaa+hrsubdwrabn Re,r�w l � 1 - . i , � � 'I � Does the ro osed Preliminary PIat/PUD require a land use amendment and/or rezoning?No �! Yes � ' P P t if yea,please compkte Appendix A—Land Use Amendmont/Rezaning Materl�l Application(attached}. � a Land Use Amendment: From To � � Rezoning: From To j 1 Is the proposed Pr�liminary Plat consistent with design standards and other requtremer�s of the Ctky of St. Josaph Subdivisian Ordinance,Zoning Ordinance,and Comprehensive Plan? Yes v No ' Dascribe the physical characterlstias of the site,including but not limited to,topography;erosion and flooding potential;soil limitations;and,suitab�lity of the site far the type of dav�lopmsnt or use contemplatad: Based on an�J as described in the Oatober 31, 2011 Developer Agreement between Ciiy � of St. Joseph and Callege of St. Benedict,"Phase Two"is being presented and � praposed. Th�project site was minimaffy graded and prepared in 2011!2p12 to support the currenf propased impravements. ' The fapnc�raphy is fairiy level id is sfightly higher than the Student Housing/Commans to the north. Fioc�ding potentiai of the parcel is law due ta the stormwater ponds and an - in�ltratian basin canstructed in 2012-these wiU be expanded to support khe proposed improvements. 8oi!consist af a�ayer of topsail over paorly graded sand which is suitabfe fot this type of development. Desctibe the flsca3 and environmental impaet the proposed development wiU have on adjeoent property owners and tt�e City of St.Joseph. 7hs property wilt have little or minimal�scal or environmentat impact on the adjacent prt�perties. StUrmwater wi11 be managed in a similar fashion as currontiy exists-drains ta the lar�e infiRration basin at the narth-side af the parcel. Parkin� has been designed to be'internaP to the site and is surrounded by the ball fields ta minimi2e noise and headlights shining off-site. Lighted play fields wil)be used during the day and evening hours. Ball flald tight fixtures wilt have shraudsl reflactors ta maximize and ef�ciently light the play aress while minimizing glare and apf{1 ofF site. If application is far PUD,provlde a statement that generally describes the propased development,the rnarluet which it intcnds io serve,its demend in relatton to the City's Comprehensive Pl�n,and how the development ts designed,arranged and operated in order to permit 1�e dcvaloprnent and use of neighbo�ng ptoperty in accordance with the regulations and goals of the City. Based on and as cfescribed in the a�taber 31, 2011 Developer Agreement between City of St. Joseph and Coliege of 5t. Benedict,"Phase Twa"is being presented�nd • prapose�d. Th�improvements are consistent with Exhibit G included in the 10/31/2011 Agreement ar�d includes 2 soccer�ields, 2 softball fields, multi-use play tlelds� parlcing, and suppart buitdings. The play fields and p�rking wiil be lighted and have public , address systems.The buildings will inc�ude an softball and socc�er dugouts, spectator � seating, restrooms, cancessians, and gathering spac.�s. ._...__._..._ ��...�..._ _.��...._.._........ . --...�......_....._....._w___..�._.._._�..�.._.__..... ._.._.._---•_.---- - •--... . SG�osepn Ap�lkatton jvr su6�v�fon Revlew ��_ J r � . � q � UWe understand that any work to be done will reyuire reimbursement to the City f�r engineering,consulting, � mapping or studies that may have to be done in aonjunctivn wtth this subdivision.This includes any fees in , conjunction with preliminary or final plQts.In addition,a check for the appropriate fee(s)must be submitted �� along with the application.By signing this application below,I/We are heraby acknowledging this potentiaf ' cost, i �'� �c+hr �s, Za�s � App nature ~ D$� ' Juiy i8, 2q16 : Proparty Uwnar's Signah►re Date Apg4icable Fecs: Preliminary Plat Minor—1 to 2501ots 5300+S5 per lot Maj ar�>250 iots 5500+$5 pat lot 1'reliminary Fscmw Minar—l to 2501ats 53.000.00 • Major->2501ots $5�000.00 Final Plat 5200.Q0 ��`V�� Plsnned Unit Development $80d•00 QQ � Land Use Amondmont $500.00 Rez�oning Requast $SOO.QO 1 ' . ._..,...,.�._.,......... ....-.._,_.___.-_......,.�.-_........-� ..._._........�....__.......�.,.._.,.,........... .... .. • st loseph MPlkadon Jor suballvfsbn Nevkx► ��3 i � i I City of S� Joseph Notice of Public He�ring on the proposed Planned Unit Development Amendment College 4th Addition The St. Joseph Planning Commission will hold a public hearing in the St. Joseph City Hall, 25 College Avenue N on Monday, August 8, 2016 at 6:20 P.M., or as soon thereafter as the matter may be heard, to hear all persons present upon the proposed planned unit development (PUD) amendment for the proposed final plat of College 4�' Addition as submitted by, Anderson-Johnson Associates, Inc., applicant and College of Saint Benedict, owner; for property located east of College Ave. S and west of Graceview Estates and legally described Outlot D, College 2°d Addition. 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'< <�� 4. ' mr�x gd� _-----.�....--------.._--- --- :.._ ..._. — � . :7iin�t� .y�� i�:Ji..,. �?,NC,k'Oh tihnC:' Z� .. ., s r r .. • . t �8�� '8�' a1m $a�� SlS3��SF `do� GENERAL Fees:we understand CSB will be dropping off the additional fees for the final plat review($200) and Planned Unit Development($800). Updated lighting photometric plans and specifications/cut sheets for the light fixtures are included.As well,we have attached updated Musco Field Lighting information including cut-off light levels at the east property line. PARKING ANALYSIS Sheet C1.0 includes the calculation for parking related to the"Assembly Areas" including the bleacher seating at the softball field and soccer field.We've provided 267 stalls,which more than satisfies the 209 stall requirement for the"assembly areas".This does not include on-campus parking. An alternative analysis of the facility parking needs(and foregoing the seat count calculation provided on the plan): During a peak ball field event,and understanding that there will likely not be a softball game going on at the same time as a soccer/lacrosse tournament,we will typically figure 13-15 players on each soccer/ lacrosse field PLUS another set of players waiting for the game to end. It is highly likely that players will ride-share, perhaps 2 players per car(conservative). If that's the case,the 14(average) players would need 7 cars per team, therefore the parking needed would be: 7 cars X 2 teams/field X 5 soccer/lacrosse fields X 2 (another pair of teams waiting)= 140 stalls needed,which leaves 127 stalls for spectators(parents) and referees. To further support student athletes using the fields on a daily basis,we're proposing parking for 84 bicycles located at 3 areas within the facility: near the soccer/lacrosse fields,the softball�elds and intramural/multi-use fields. Answers to the auestions vou've posed: What are the intended uses of the Athletic Center? • This is an athlete support facility including locker rooms and training room(not fitness for the campus community). There will also be concessions and restrooms for spectators. Will you have the facilities open to the public? • The Athletic Center is not being planned as a public space other than for spectators of our varsity athletics which are open to public viewers. • The sports�elds are being built for practices and games for our varsity athletes and our club and intramural sports. There is the possibility of rentals by community organizations during the summer season however this this isn't a primary focus of the facility. Will the public be able to rent the facilities i.e.training rooms, lounge,etc? • That is not an anticipated use. What is your plan to address flying balls off of the fields? For which fields? • We are proposing 6-foot high fence around the limits of the soccer/lacrosse fields.As well,we are proposing 20' high safety netting(120-feet long) behind the Premier Soccer/Lacrosse Field goal areas to catch the majority of the"flying" balls.Soccer and lacrosse balls not caught by the 6-foot high fence and 20-foot high netting will be retrieved from the CSB-owner property. • At the softball fields,8-foot high chain link fence is proposed to meet NCAA outfiefd dimensions and fence heights.The majority of fly balls will stay within the fence limits. Home-run and foul balls which fly over the fence, will be retrieved. What are your proposed hours of operation? • Aug.through November, and April through May: 8AM to as late as 11PM for certain games. • We have Spring and Fall sports. Practices and workouts may take place as early as 8AM although that isn't usual. Games could conceivably go as late as 11PM although that isn't the norm. How many recreational uses will be/could be going on at one-time? • During the Spring and Fall athletic seasons,there could be as many as 5-7 fields in use by our student athletes for practices, intramural sports and varsity games. Will you have outdoor events other than athletic now or in the future i.e. music,etc? • Potentially although we have other spaces on campus that are more appropriate for that type of use like our amphitheater and campus mall. Provide aud'+o system info • Sound system information will be forthcoming as it re{ates and will be integral with the support buildings. No sound system{s)are proposed under this current proposal/submittal. CITY OF ST.JOSEPH DEVELOPER AGREEMENT (Coliege of St.Benedict) THIS AGREEMENf,made and entcred into this 3!� day of �t�J� ,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 cotporation,hereinafter called the"City". WITNESSETH: WHEREAS,the Developer is the owner of certain Real Property as described in Ex6ibit A(herein after called the "Property" or "Development" or "Development Property"), located within the City of S�Joseph,which is being platted as Lot 1 Block land Outlots A, B, C, D, E,and F, Block 1,College 2"d Addition; WHEREAS,the Developer intends to subdivide and develop the Property as a unified mixed use Planned Unit Development("PUD'�consisting of the foltowing uses and parcels: ' Lot 1,Block 1;College 2nd 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. 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 aad assembly space to be used solely by the Developer. This definition 1 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 change:to the PUD and will require reapplication for PUD approval. Outlot B;College 2"d 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. Outlot C;College 2"�Addition Storm Water Holding Pond Outlot D; College 2"�Addition Athletic Fields and Recreationa!Facilities Outlot E;College 2"d Addition Storm Water Holding Pond 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 appmved 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 Ezhibit B and C 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 Usc 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 College 2"d Addition,a Special Use Permit providing for a mixed development under the Pi7D Ordinance; and WHEREAS, the Developer considers Outlot B of College 2"d 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 I5 HEREBY AGREED AS FOLLOWS: 2 1.0 REQUEST FOR AND CONDITIONS OF THE,PRELINIINARY PLAT AND MIXED USE PUD PLAN APPROVAL 1.1 Reauest for Preliminarv Plat. Special Use Permit, and Mixed Use PUD. The Developer has asked the City to grant final approval of the Preliminary Plat, Special Use Perntit, and Mixed Use PUD Plan for the Project to be constructed on the Praperty and to grant final approval of a plat for the mixed use final PUD Plan which will be called College 2"a Addition, Approval of the proposed plat and mixed use PUD Pian does not constitute site plan approval for individual structures. A site plan approval is required for a11 outlots, structures,facilities,and fields to be located in the proposed plat/PUD Plan, 1.2 Conditions of Development Plan A„�proval and Plat Anproval. 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 pmject subject to the terms and conditions of this Agreement. 1.3 Scope of A,.greement. This Agreement, and the terms and eonditions 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 farward 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 e�ect for development approvals,and the Agreement shall not apply in any manner to such new proposal. 1.4 Development of Outlot B. The Devetoper requested the City consider Outtot B as a separate and distinct parcel and as such the provisions for drainage and utilities were not 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 devclopment in the future of this Outlot and the City is not obligated to vary standards to accommodate future regulations. 2.0 RIGAT TO PROCEED The Developer may not grade or otherwise disturb the earth, remove trecs, 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 exacuted 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 TOWNHOU5E/PATIO HOME RESIDENTIAL DISTRICT 3.1 Intent. The R-4 Dishict is intended for those areas designated as medium and/or high density residential arcas or residential planned unit developments under the 3 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. 3.2 R-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 4.1 The Developer agrees to construct those private improvements itemized below and as illustrated on Eahibit D(hereinafter known as the"Private Improvements"): (a) Site Cnading; (b) Water distribution system including fire hydrants,valves,and appurtenances; (c) Water Fountain,ta be fed by a private well. (d) Sanitary Sewer Collection System; (e) Building Services(with regard to extension of municipal services); (fl Concrete Curb 8c 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,Traffc Directional,regulatory,and waming signs in Designated Parking Areas; (j) Internal private street and parking lot lighting (k) Internal private sidewalks;and (1) Permanent turf establishment. 4.2 �ject-S i �c Reqpirements for Develoner-Construeted Private Improvements (a) vel gment Plan Comnl'�. All buildings and accessory structures shall be sited and constructed on the Property as shown an the Development Plan refened to as Eahibit C (hereinafter the "Development Plan"), subject to the provisions of this Ageement. .Any deviations from the Deveiopment Plan in the approved 4 preliminary PUD must be approved pursuant to St. Joseph Ordinance 52.09, Subd. 11 deaiing with minor and major changes to an approved preliminary PUD. A minor change to an approved PUD requires a pnblic 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 pmposed major change throngh an approved preliminary PUD shall require reapplication for preliminary PUD approval and any notification regazding 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 woul@ result in any of the following: (i) revisions to the approved design concept; (ii) revisions to the approved uses; (iii) an increase of grcater than 1 S%in density; (iv) a decrease in thc 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 catchmcnt through tt►e Developer's private drainagc collection and treatment system downstream of thc Callaway Street public right-of- way or perpetual easement. 5.0 ' DEVELOPER-CONSTRUCTED PUBLIC IlVIPROVEMENTS I 5.1 The Developer agrees to construct d►ose public improvements itemize�i below and as illustrated on Ezhibit D(hereinafter known as the"Public Improvements'�: (a) Water distribution system including fire hydrants, valves, ared appurtenances in Callaway Stteet and the adjacent,parallel public drainage and utility easement; (b) Sanitary Sewer Collection System in Callaway Street and the adjacent, parallel public drainage and utility easement; 5 (c) Stortn Sewer Collection System in Callaway Street and the adjacent,parallel public drainage and utility easement; (d) Erosion Control associated with public improvement construction;and (e) Sidewalk along College Avenue(CR 121). 5.2 Ri ts of Wav. 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. 5.3 Ownershiu of Improvements. The Public Improvements will become the pmperty of the City when they have been accepted for maintenance 6.0 PROJECT PHASING 6.1 Three Phase Development. The project will be constructed in�(3)phases: Phase One being the construction of the Student Housing, Commons building, and related site work, on Lot 1, Block lwith 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 const�uction 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 T'hree 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. 6.2 Phase 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 as illustrated in Ezhibit E. (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. 6 (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 impose additional erosion control and storm water management requirements if in the opinion of the City Engineer such requirements are necessary. (c) Buildin� Elevations. The building elevations of the proposed Student Housing complex will not exceed 35 feet as defined and measured in accordanc� with the City Ordinance. (d) Buildin�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 Seoaration. The separation between buildings shall not be less than thirty- eight point seventy four(38.74)fee� (fl Maximum Dcnsitv. The maximum density per residential building shall not excced 32 residents, and occupancy shall be limited to students enrolled at the College of S�Benedict and management staff for the supervision of the Student Housing. (g) In�rress/E�ress to Prop�rty. 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 shal( be constructed to meet City Strcet 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 Cailaway 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 7 Commission and the street section must meet the design standards to include B612 Curb and Gutter. (iv) St. Joseph Code of Ordinances 52.30 Subd. 7(c)requires each dwelling unit to have two or more individual separate entrances. The Developer shall only be required to have two ingress/egress for development consisting of Lot l,Outlots A,C,D,E,F not each building. (h) Parking Standards. The Developer shall provide 144 parking spaces with expansion capacity for an additiona124 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) ccessorv Use. The Development will contain a st�v�ture to be used as a "Common" area to include study areas, fitness, lounge, kitchen facilities, and restmom facilities. The "Commons" shall meet the exterior requirements of Section 6(d)above. (j) Fire HvdrantlFire Access and Lock Box. Fire Hydrants must be located as indicated on Exhibit D. 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 Ezhibit D before issuance of a certificate of occupancy. The Landscape Plan must meet the requirements of the City Code. (1) Li ' . The Developer must provide lighting to illuminate off street parking and access roads. Lighting shall be provided in accordance with the City Code. (m) Si¢na¢e. The Developer will locate signage on the Commons buildings that will identify the Student Housing facility by nam� and also identifies College of St.Benedict. Prior to sign installation a building permit must be secured verifying the sign meets all Ordinance provisions. (n) Roof itch. 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%,inch per foot. 8 (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 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. 6.3 Phase Two. Phase Two shall consist of Athletic Fields and Recreational Facilities, including soRball fields, tennis courts, soccer fields, running track, concession stand, and restroom facilities as illustrated in Eahibit C 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 finat grading, drainage,and utility construction plans and specifications for review. The Development plans must be consistent with the approved PUD Plan and attached as Ezhibit C. (b) Parkina 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�e 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 appmved by the City. The landscape plan must illustrate a buffer from the existing residential area to the east of the property. 9 (e) Utili ,ty Plan. The Developer shall provide the Engineer with a detailed utility plan illustrating the services that are to be provided. (� 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 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 appiication, the Developer acknowledges that drainage and zoning requirements may limit or alter developments plans for Athletic Fields and Recreational Facilities. 6.4 Phase 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 ExLibit C. Phase Three shall require final plan/plat approval as Phase Three as defined herein. Uses authorized by this Agreement specifically prohibit any sales of wholesaleJretail 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 t�consistent with the approved PUD Plan illustrated in Ezhibit C 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. 10 7.0 PROJECT SPECIFIC REQUIREMENTS 7.1 Park Dedication Requirements. The Developer shall provide the following: (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 sidewallc from the development entrance on CR 121 south to the Field Street ROW. (b) P�rk Dedication Fee. The Developer shalt pay the City Park Dedication Fe� as follows: (i) The Park Dedication F�as determined by the land dedication formula in the City Code is$39,046.46(see table below). - �- -- - - - - -�-� -�- - - � - ° - _�. = - �� --- - - --- - - - j v�r�w�ory�.rro�ooe+op car�_ i — � � - cakye�►d�ad�io�n --- -- �.�.—_.._�_.�._-.__�...�:.�:_.:.-�---�� _..�.._.:=....:._._.;�.:...:._�,:-�:..__�___�----- +. ..�_.__-��-_____.._...� ---___�.._.�--�..-� ..� ;��--T��---�- wt i'� studene Fw�,si^�_. __.___ _. �.a9i'--- a.oB.��x__._._?% _;s�. �•�' ---- --- - --- OutlotA �WeicomeC�nt�► � W 118.081�_ --, 2.72: o/a , 296 ;S 59�6.� - - -_..,. - --- - � , Oudot 8 �Pot<rKlal Mousk�g Development t 389.]OQ ' _8S3� n/s 2% F Tgp• � OuNotC StormWater � 1�.560� 4.33; nla ; 2'X 953.32 i - - • ---- � * OuNot D �Athlet�dRecreatlon� j 1.750.306� 26.41; n/a 2!i .. 5,809'64 t , - -� - - - - Oudot E �Storm Water � . Ab.621 j 1.07� o/a . _ 2%_ � S 235A6.: outlot F lStorm Vvater � � � 49�63G; 1.14; n�a _ 2% 'S 250.66' � r � � - ' (--"'!. ' � - � �$�.�'�- —;-- - � - - - --- - - - - - -- i ; , [blculallon , - i -,•-- --- -�- - -- - ----y --i- - r Park Dedit�tlon Valueper Unit $ 97S.00� _, .� . � . - - -_. Y- ---- 4 MarkekYalue/Aae S 11A00-00, - -•- . . - - ------- F . - • - � . Squara Fe�t p�aae . , . 43,560 . . . . - •--- - - - 11 (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. 7.2 Storm Development Fee. The property is subject to the Storm Water Development fee which is$0.20 per square foot of developable property. (a) Develo�sble Propertv. Developable property includes the entire development area,excluding wetlands and public street rights-of-way. (b} Ne redi . The Developer will be given credit for acceptable stormwater infrastructure expenditures placed into the City storm water system as approved by the City Engineer. The Developer shall not be entitled to storm water credits for storm water infrastructure costs paid by the City. (c) Balance of Improvements. For the purpose of determining the storm water development fee,the acreage for all property,with the exception of Outlot B less the right-of-ways is included as detailed below. calregreofst 9eneakr --- -- . . . . ._.. - - -- - --- �- - __.__,_...._-.---__.___�mfi�+AmicOe�loatlaeColcvfobioe ____�_...______�.....� Starm WotsrCakuladan ��_. . __._...._,__...._�.__._..._.__.._..-;- �.. ......�.__..._.,_.Y._.._...._._...__ _____._.�._..____._._.__...�.._-------- ------F__...._�_.__ � .._ .,�..___.__.. ��_��._.,.._...__._. t._____...._.__ 1 - - -- •- - �� `-- - j Foora�e 1 r�ce i r�i � - lot-1--- 'StudeMHousing - � = 2B3.891� Q20�$ _52.7T8.� - --...... - -- - Outlot A �vYelaome Center ' j 118.481 ; 0.20; S 23,6�6.20 �- - .. _ -�--- Outbt B �Potentiel Haising Development i 389,102 4 _ F S - Outlot C !Storm Water I _ j 188.550 i 0.20 ; S 37.71Z.00� Out lot D iA M le t lc Recxea t f� . - - ; 1.1 5 0,3 0 6� _O.Z O j S--_?3 0.�1.6 0 fi-- - --- � - .. - b - - Outlot E �Storm Water ' 45,621 � 0.20 � S 9,324.Z0 ,._j...�_..-. .." i"'...... .��...�...}._.__....�.._.�. .}..___._ Outlot F 1Storm Water .� . � ,__, d9,630 i O.ZO ` $ 9,92b.00 ' _._. _ ._-__------i-_�__.��_...._.�}_- _M._._.._... ......_______. ._.__ . ... _ .. . _ . _ ,.. R��htofwaY_.._____...__----.- k � �•�8 ' - _� 5 - � w _...r_��._..._______ ..�__�.__. Storrn Wster Eee Before Credits, ..-2,354.901 , � S 353,498.�i The storm water development fee for Outlot B will be determined at the time of platting and any infrastructure constructed for the development of Outlot B shall be not utilized for a credit against the storm water development fee charged for the lots identified above. If the credit for the accepted storm water infrastructure for Lot 1,Outlots A,C,D,E and F do not exceed the storm water fee before credits as indicated above,the Developer shall be allowed to carry the credit forward for a term not to exceed five years or development of Lot 1 and Outlot D,whichever comes first. 7.3 Future Pedestrian Crossins. If it is determined by the County or City Engineer that pedestrian crnssing devices,electronic or painting,across CR 121 are required for 12 the safety of pedestrians,the entire cost of mitigation shall be the responsibility of the Developer. 7.4 Utilities. 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 8.1 �vlemorandum 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 wi11 reimburse the College of St. Benedict$67,914.92 for the proportionate share of the pond cost. The City is not responsible for land costs associated with the easement. 8.2 A�,reement Relatin�to Land Acauisition. In an agreement dated May 19,2003,by and between the City of S�Joseph and the College of St.Benedict relating to acquisition of land for the location of roads,the City agreed not to assess the College of St.Benedict for any costs relating to the construction of Callaway Sireet at the time of the improvement because the College of St.Benedict,at that time, had no need for access to Callaway Street. At the time of construction,the College of St.Benedict did not have access to the property and both parties agrecd that if the College of St.Benedict had a need for access to Callaway Street in the future, then the City could assess or charge the College of St.Benedict a fee in an amount ' to be determined by agreement of both parties. The Development Plans require access to Callaway Street necessitating a curb cut. Therefore,based on the actual project costs,the College of St.Benedict shall reimburse the City of St Joseph$ 112,455.10,as the fee for access to Callaway Street. 9.0 GENERAL TERMS AND CONDITIONS 9.1 Attornev 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 tams of this Agreemen� 9.2 Proof of Title. The Developer hereby wanants and represents to the City,as inducement to the City's entering into this Ageement,that the Developer's interest in the Development is fec owner. Prior to execution of this Agreement,the Developer shall provide the City with 13 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 Tit�e Commitment issued by a Title Insurance Company. 9.3 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 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 ail recording fees shall be paid by the Developer. 9.4 Notice. 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 Administxator 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 9.5 I�corooration of Documents bv 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. 9.6 Indemnification. 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 14 attorney's fees, which the City may pay or incur in consequence of such claims by third parties. 9.7 License to Enter Land. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the Property to perfortn all work and/or inspections deemed appropriate by the City during the development of the Property. 9.8 Streets, (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 construcNon activities within the development shall be repaired to the satisfactian of the City at the Develo�r's expense. 9.9 Certificate of Compliance. This Agreement shall xemain in effect until such time as Developer shall have fully performed all of its duties and obligations under this Agreemen� 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 certificate of complianee and does not release the Developer from ongoing duties or responsibilities arising under this contract. 9.10 Reimbursement of City's Costs. The Developer shall reimburse the City for all costs, including all reasonable engincering,legal,planning,and administrative expenses, incun�ed 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-canstru�tion costs related to the installallon 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 relatsd to the Development,or refuses the issuance of building permits until all costs are paid in full. 9.11 Plattin¢. The Developer must include all of the Development Property in the final plat of the Development. 15 9.12 Utilitv Location. The Developer agrees that all utilities within the Development will be installed underground, including without limitations electrical, telephone, cable television, and natural gas. 9.13 Plat 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 vehicie. 9.14 Assignment. 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. 9.15 Inte a�r tion. 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 patties hereto. 9.16 Execution in Counterparts. This Agreement may be executed in any nwnber of counterparts,each of which shall constitute one and the same instrument. 9.17 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 9.18 Re�resentation. 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. 10.0 DEFAULT AND REMEDIES ' 10.1 Default._ 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. 10.2 Ri t 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 defauh is one which cannot reasonably be cured in 10 days). 10.3 e ies. 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; 16 (b) seek injunctive relief;and (c) talce 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 �i��nb✓�� ,2011. ATTEST CITY OF ST.JOSEPH By �l�"� - Ju y yre Rick Schulz Ci inistrator Mayor . DEVELOPER COLLEGE OF ST.BENEDICT By Susan Palmer Vice President of Finance and Adminis�ration 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 5EAL (OR OTf�R 1TTLE OR RANK) SIG F NOT RY PUBLIC �; OR OTHER OFFICIAL �� MARY REBER GENEROUS � NOTi1RYPUBW'-A�OTA I�fy Camn`.YtlonE�pNetJ�n.St,4018 17 STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) This instrument was acknowledged before me on �Lt �}� . 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. N�TARIAL STAMP OR SEAL n (� (OR O'THER TITLE OR RANK) Cc'�-��J ` 1` 1 Mw'�+�� SIGNATURE OF NOTARY PUBLIC BEVERLY D.OYERMAN OR OTHER OFFICIAL NO?ARY PUBLIG-M�SOfA My Oomn.Exp.Jen.81.2015 TAX STATEMENTS FOR TI�REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER TFIIS DOCUMENT DRAFTED BY: Thomas G.Jovaaovich-5284X Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O.Box 1433 St.Cloud,MN 56302 Telephone: (320)251-IOSS 18 E7�IT ��A�� , � • PARCEL 1 I The Sou�eaet Quarber of tha Southwest Quattar(SBl/45W1/4)of Sectia�10,Townsbip 124 North, Range 29 Rtest,Steano�s CouatY.Minneeola, LBSS AND B�XCCEPT: That pmt of Lot 31 of Anditoa�'a 3�nbdiviauoon No.4,V�lage of S"t.JoeepL,aad p�ct of the SEi/43W 1/4 of Sectian 10,Tov�mship 124 Na�,of Remge 29 Wes�d�'bed aa followa: C.a�mna�cing at�e Northwast camer of ssid Quarbe�Quart+e�;�e�ca coo�nniag along said No�lina . Bast 1,312.28 fat t��e Northeast oorner of said Quatbrz-Quarl�r;tha�ae alo�ag the Eaat l'me of sai�d � QuarDec-Quatt�;South 00°20'West 686.0£ee�th�nce Weat 662.68 fee�thence No�th 00°20'E�t,276 , f�theace Soudi 89°ST We�663.28 feet�o a poiat on the Weet liae of said Quarbe�-Quarber;thence along said Weat Iine,North 1°10'Fast,to the point of beginning. : ALSO LESS AND BXCEPT: That pazt of ii�e Southeest Qoarber of the Southwest Quaz�bac(SEl/4SW1/� ' of Sxtion 10,To�wioship 124 North,Range 29 West lying westerly of Line B,southe;rly of Line C,and • lyiag narthe�ly of a lame 33.00 fed northerly o�meaaured at a right a�gle to,m�d parallel with C�tabne � A,dascn'bed es folloars: i ' I.ine B: C�eing at the poiat of in�eectioa of�e east liae of aaid SEl/4SW1/4 wit�the aorthe�ly line of Callaway S�as p]atbed in C?rax�►iew Estatea,aocas+d'mg t�the r�eca�+d�ed plst tl�a+eof as ia a�51e i in the offi�ee of�e Co�mt�►Recordor,St�ns Coimty,Minne�ota,baais of bearmg ass�m�es�e east lme of ; �a s�aiiaswiia t�so�n oo a��i i�,�i3��m�so,�$9 a�o� , mmubas 21 sec:onds West for 662.68 feet to the point of beginniag of said Liae B;thence No�th 00 degrees : 11 mmutes 13 seconds West for 276.00 feat and theae taminatiag said Liae B. j ... �f: Co�nciag a�rhe point�ofmtteasection of�e easc liae�ofsaid SEil�swr��arith eie rio�eriy. ... .. _ { C;allavvaY Strat,as platted m t3racaviaw B�,eooa+dmg to the rec:orded p]at thec�eof as�a a�►file I ia tho office of the County R,ecor�er,St,earas County.Miaaeeota,basis of baeriag sssua�a the eaat line of • said SEl/4SWU4 bears Saut3�00 degrees 11 matutes 13 seeo�da Bas�tha�oe South 89 d�gcees 07 . mmu�21 sa�onds West for 662.68 fee�tha�ce North 00 degras 11 minntes 13 seconds West far 276.00 f�et to the pviat of b�nning of said Liae C;thene�N�th 89 degrees 54 minubes 13 seconds West for j 612.83 feet to thc point of intersecbion with ti�e easterly r�ght-of-way liae of County Road 121,as plaued in Stearns County Right of Way Plat Numbar 19;acco�in�g to the recorded plat�ereof as is on fila in the office of the County Recorder,Stearns Couaty,Minnesota;theace continue South 89 degrees 54 miautes , 13 seconds West for 41.63 fat to the point of intersection with the west line of said SEl/4SW1/4�d � there t,Grminating said Line C. • Ceateal�e A: Begianing at the point of intascction of�e east liae of said SBl/4SW1/4 with the centerlia�of Callaway Street,as platted in Gra�ceview Bstates,aocordzag tio the recorded plat the�eof as is on file in the office of the County Rocorder,Stcarns Connty,Minnesota,basis of beariag assumes 9u east liae of said SE1/4SW l/4 bears South 00 degras 11 minutes 13 sxonds East;thcncc South 89 degees 07 � minutes 21 seconds West far 278.00 fcet;thence westr,rly along a tangaatial.cwve,concave to the nortb, radius 600.00 fcet,centrai angle 36 de� 17 minutes 50 seconds,380.10 fee�thence Nor�54 degrees 34 mmutes 50 s�conds West along a line tangent tq�ast descn'bed curve for 84.47 fee�thencx wesbealy ' along a tangential cinve,concav�to the south,radius 600.00 feet,central�gle 35 degrees 19 minutes 23 EI�IT "A" scconds 369.90 fee�thence South 89 degrees 54 minutes 13 scconds West aiong a line tangmt�a last descn'bed curve for 225.67 feet to the point of intersection with the easterly right-of-way line of County Road I21,as plaued in Stcarns County Right of Way Plat Nut�a� 19,according to the recorded plat there�f as is on file in the office of the County Rocord.et,Ste�rns Coimty,Minnesota;thence continue South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the point of intersxtion with the west line of said SEl/4SW1/4 and thcre terminating said centerline. AISO LESS AND EXCEPT: That part of th�Southeast Quarttr of the Southwest Quartear(SEl/4SW1/4) of Section 10,Township 124 North,Range 29 West lying aoutherly of Line A aad lying northerly of a line 33.00 feet southerly of,measured at a right amgle to,aad parallel with Ccat�rline A des�nbed as follows: Line A: Begianing at th�point of intersection of the east]iae of said SBIJ4SW 1/4 with the northrxly line of Callaway Street,as platted'm Grac�►iCa►Estates,accordiag to the recorded plat thareof as is�$le in the office of�e County Rocorder,Sten�na County,Mmmesota,baaie of beariag assumes the east line of • said SEl/4SW1/4 bears South 00 degcees 11 minutes I3 seconda Esa�th�ce South 89 degrees 07 minutes 21 aeconds West for 662.68 fect and there tGrmiaatiag said Line A. Ceatarline A: 8eginning at flie point of iat�raection of tha east line of said SBl/4SW1/4 with the centesl'me of Callaway Street,as platted ia Gracxvia�v Bata�s,according to the recordod plat thCrcof as is on file in the office of tha County Recordca�,Stearns County,Mianasota,basis of bcaring assumes�e eest line of eaid SEl/4SW1/4 beats South 00 deg�ees 11 aninut�s 13 seoa�de Eas�thea�ce South 89 degroes 07 mmutes 21 s�conds West for 278.00 fee�thaaee westerly along a t�geatial curve,eoncave to t�e nortU, radius 600.00 foet,central en,gle 36 degrees �'I minutes 50 eeco�da,380.10 fext;th�ce North 54 degrees � • 34 minut�es 50 soconds Wost alang a lina tangent to last described eurve for 84.47 fee�thenx weste�2y • aloag a taagential curve,concav�e to the south,radius 640.00 fect,central engle 35 degrees 19 minutes 23 seconds 369.90 feet;thence South 89 degroes 54 minutes 13 seconds West along a liae taagent tio last descnbed cutve for 225.67 fed to the poi�of intersection with the easterly right-of-way line of County � "Road 121,as platted in Stcarns Count�r�Riglit of Way P1at�Numbel 19,�accoidin�'to the recorded pla�� creof as is on fi1e in th�o�ce of the County Recordex,Stearns Cotmty,Miffiosota;thrnce contiaue . South 89 degroes 54 minutcs 13 seconds West for 42.00 fat to the point of intersection with the west liae of said SEl/4SW1/4 and then termmate ssid centGrliaa. � , ALSO LBSS AND EXGZPT: That part of th�Southcast QuartGr of the Sou�weSt Quartar(SEl/4SW1/4) � uf Soctioa 1Q Township 124 North,Renge 29 West lying wesberly of L'vne B,lying northerly of a Iine ; 33.00 fed southerly o�measured at a rig,ht angle to,and para11e1 with Centcrline A,snd lying southerly of a line 33.00 feet aortherly o$measured at a right angle to,snd parallel with Centa�line A descnbed as � follows: ( � - � Line B: Commae�cing at the point of inbasection ofthe east line of said SBll4SW1/4 with the aorthe�cly liae of Callaway Street,as platbed in Graceview Bstat�s,according to the recordod plat thcnof as is on filo in the office of the County Recorder,St�earns Coimty,Minnesota,basis of bearing assunae,s the east lino of said SEi/4SW114 b�ars South 00 degrees 11 miautes 13 secoada Esst;thence 3outh 89 degrxs 07 minutes 21 seconds West for 662.68 feet to the point of beginning of said Liae B:thance North 00 degroes 11 miautes 13 seconds West for 276.00 feet aad there terminating said Line B. Centiarline A: Begianing at the point of iatersection of the east line of said SBl14SW1/4 with the � c.�ntcriine of Callaway Street,as platted in CrracCvievr Esl�ates,according to the rawrded plat theroof as is I • . EXHIBIT "A" � on file in the offi��of the County RecordGr,Steams County,Minnesota,basis of bearing assumes the east line of said SE1/4SW114 bears South 00 degrees 11 minutes 13 seconds East;thence South 89 d�grees 07 nvnutes 21 seconds West far 278.00 fee�theace westerly along a tangential curve,concave to�e north, radius 600.00 fe�central angle 36 degrees 17 minu#es 50 seconds,380.10 fee�dience North 54 degrees 34 minutes 50 saonds West along a line t�geut to last descnbed curve for 84.47 fee�the,ace westetly . alang a tangential curve,concave to the south,rad.ius 600.00 feet,central angle 35 degrces 19 minutes 23 seconds 369.90 fce�tharce South 89 d�egrees 54 miautes 13 sxonds West along a line tangent to last � descn'bod curv�far 225.67 fce�to the point of intersection with the easterly right-0f-way line of County Road 121,as platted in Stearns Couaty Right of Way Plat Number 19,accordimg to the recorded plat ' thereof as is on file in the offioa of the County Recorde�,Stearns Couaty,Minnesota;theace continne � South 89 de�rces 54 minutes 13 seconds West for 42.00 feet to tb.e point of intersoctioa with the west line of said SEl/4SW1/4 sad therc tarminate said cartarline. ' ALSO LESS AND EXCEPT: Tb�at pRrt of the Southeast Quarter of th�Southwest Quarter(SBl/4SW1/4) � of Soction 10,Tov�mship 124 North,Rango 29 West lying northerly of Line A, eaabe�rly of Liae B,lymg , nort3�erly of a]iae 33.00 feet southerly o�measured at a right angle to,and parallel with CCntealine A,aad ; lying Southarly of a line 33.00 feet norti►erly o�moasurad at a right magle to,and parallel wit�h C.enterliae , A descdbed as follows: � Liae A: Beginniag at the point of iatersection of the east�ine of said SEl/4SW1/4 wi&du no�rly liae � of Callaway Stre�,as platted in Graceview Estatea,according to the recorded plat thereof as ia an filo in . the office of the Coimty Recorder,Steaxas County,Mi�esota,basis of bearing assumes tbo east line of � said SEl/4SW1/4 bears Sotrth 00 de�rees 11 minutes 13 seconds Eas�thcnce Sonth 89 degr�s O7 ' minutes 21 scconds West for 662.68 feet�d thare temninsting seid Line A. � Line B: Commmcing at the point of iateraection of the east line of said SEil4S'Wl/4 with the nottherly line of Callaway Strcet,as platted in Crraceview Bstates,a�xorrding to the recorded plat t�►ereof as is a�file - - -i�n th�bffice of th�Ca�mty Rocard�t,Stearns�County,Mianesota,basis of bearing�assumes the easYrme of- - said SB1/4SW1/4 bears South 00 degrees 11 minut�es 13 sa;onds F,ast;thence Soudi 89 deg�+eea 07 mmutes 21 seconds West far 662.68 fcet to the poiat of beginning of said Line B;thence North 00 degrees 11 minutes 13 seconds West for 276.00 feet aad there tarminsting said Line B. i � � Centadine A: Begianing at�e pomt of iatCrsection of the east line of said SE1/4SW1/4 with the � ' centerline of Callaway Street,as plait�d ia C�raccview Estates,a`cording to the recarded plet theseof as is � on$ile in tho office of the County RecordGr,Staarns County,Minnesota,basis of bearing assumes the east j line of said SBl/4SW1/4 b�ars South 00 de,grees 11 minutes 13 seconds East;thence South 89 degcas 0'l j minutes 21 seconds West for 278.00 feet;ffience westesly along a tange�ntial cvrvo,concave�o the north, ; radius 600.00 feet,cen�al angle 36 degrees 17 minutes SO sc�onds,380.10 feet;thGnca North 54 de�rces � 34 minutes 50 soconds W�est along a line tangant to last descxibod curve for 84.47 fce�the�ce wesb�ly ; along a tangential cutv�,concave to the south,radius 600.00 feet,c�naal engle 35 dagrees 19 miautea 23 seconds 369.90 feet;theace South 89 degrees S4 minutes 13 scconds West along a line tang�t to last de4cribed curve for 225.67 feat to the point of intersection with the easterly right-of-way liae of Couaty Road 121,as platted in Stearns County Right of Way Plat Numbcr 19,according to the recarded plat thereof as is on file in the office of the County Recorder,Stearns Couaty,Minnesota;theuce 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/4SW1/4 and there terminate said carterline. i EXHIBIT "A" PARCEL 2 The Northeast Quarter of�e Northwest Quarter(NEI/4NW1/4)of Se�tion Fiftcc�(1S�ia Township One Hundred Twmty-fom(I24)Nort�,ofRange Twmty-nine(29) in Ste�s County,Minae�sota. LESS AND HXCEPT: Tbat part of the Northeast Quaitta of thc Northwest Quffit�(NBl/4NW1/4)of Sectioa 1 S,Towaship'124 Nor�,Range 29 West lying southarly of the following dasan'bed line: Commenciag at the southeast carna�of said NBl/4NW1/4;thenct northarly atong the e�st line of eaid NEl/4NW1/4 on ea aseumed beaiiag of North 00 degrees 58 m�inutes 54 sa;aads West for 60.00 foet Lo the point of beginniAg of the line to be descn'bed;theuce Soudi 89 degrxs 00 minntea 08 eabade West, , on a line parallal to aad 60.00 feet nortl�erly of the south laie of said NEl/4NW1/4,frn 367.71 feet;dunce wcstcrly along a tangeatial curve concave to the north having a ceutral angle of 24 degreea 09 mimrte�26 seconds smd a radius of 690.00 feat for 290.92 foafi thence North 66 degroes SO miautea 26 aa�oada Weat, tange,nt to said curve,for 201.15 fee�theace atong a t�agartial curve concave to the sotrth haviag a central angle of 24 degrees 13 uuautes 53 seconds and a radius of 810.00 fed for 342.57 fee�thGnce South 88 d�grees SS miautas 41 seconds West,tangent to said cnrv�,for 15029 feet to th�west liae of said NEl/4NW1/4 and there bemainabe said lina. ; ALSO LESS AND EXCE�PT: That part of tho Nor�east QuarGer of the Northwest Quazta , (NEl/4NW1/4)of Section 15,Township 124 North,Rango 29 platted es College Addition. ' PARCEI.3:• . ' Tbat part of�3oa�eeat Quar�er of the 3authwast Quartar(SBl/4SW1/4)of Sect� 10,To�wn�ap 1?A � . Nor�,Range 29 West lying eouthaly of Line A snd lyiag northarly of a]ine 33.00 feet san�erl3r•o� . . . meesurcd at a right angle m,and parallel with Caa�line A descnbed as follaws: . . ..._ I,ine A:'Begaoniag'at tha pa►iat of imtet�ecti�mt of the'es$t linte�f s�id�SBl/4SW ly4'�tlt'9�.�li�[e . .. . _. . . ; ��Y s�k a�platbed in(3rAca�viaw�,accordiag to 13�e recorded plst the�+eof as is a�file in the office of tlue Counfiy Ra�o�daar,Sbeezna Coimt�►,Minna�ta,basie of beariag assumes�es�st Ii�of aaid SBl/4SW1/4 bears South 40 degreea 11 ma►utes 13 aeconds Bsa�tha�ce 3outh 89 degteas 07 minutea 21 sxonds West£oz 662.68 feot and there b�n�iag said Line A. Ceatedine A: Ba�iana�g at the poi�t o��on of tha ast line of said S81/4SW1/4 wifl�,t�e � ee�torliae of Callaway Stc+eet,as platbed in Graceviaw Est�es,saco�rding tu Ihe recozdod plat�+eof as is on Sle in the offiae of t�e Coum�jr Revordsa,Stestas County,Mn�neaats,baaia of ba�iag a��e east � lina of aaid SEl/4SW1/4 ba�s Sonth 00 deg�roo�11 minutes 13 scconds Eas��3o�uth 89 degrees 07 ' minutea 21 axonds West for 278.00 fee�theace wesbcrly along a tangGntial cmvq ooncavo 1�the norfh, � radius 600.00 feet,oantral angle 36 de�17 minutes SO scconds,380.10 fo�thencx Noa�th 54 da�ro� ' 34 minutes 50 seconds West along a liue tangeat to last descn'bed curve for 84.47 foe�thencx wa�ly along a teaga►tisl curvq coneave to the south,radius 600.00 feet,cmtral aagle 35 degras 19 minutea 23 secoads 369.90 fcat;th�nce South 89 degrees S4 minutas 13 sxonds West along a liae ta�ngent to lest I descn'bed curve for 225.67 feet to the point of intersecticm with the easterly right-of-way line of County Road 12I,as platted in Steams Couaty Right of Way Plat Numbe�19,aocordmg bo the reoorder plat ' thereof as is on file in the office of the Couaty Recordcr,Stearns�County,Mirmesota;thenee eo�tiaue South 89 dogrees 54 minutcs 13 secands West for 42.00 feet to the poiat of inteasaKion with the west line of said SEl/4SW1/4 and there tetminate said centerline. i EX�iiBIT "A" AND That part ctf the Southee�t Quarter of thc Southwest Quarbar(SBl/45W1/4)of Scction 10,Township 124 North,Range 29 West lying west�ly of Line B,lying northerly of a liae 33.00 feet south�ly of,measiund at a rigbt aagle bo,aad parallel with Centaline,A,and lying southe�ly of s line 33.00 feet narth�rly o� measured at a right angle to,and parallel with Cent�liae A descnbed as follows: Lino B: Cammm�cing at the point of intarsectian of the east liae of said SB114SW1/4 with the no�thaziy � liae o�Callaway Street,as plettod in Gaacaview P.statea,according tiv the ra�orded plat theroof as is o�51e in the office of the County Recordea,Stemns County,Miaaesota.basis of bearing ass�es�e�st vae of � said SBl/4S'9V1/4 beers South 00 d�groes 11 minutes 13 acconds Bes�theace South 89 degrc�d'1 ( minutes 21 sacuads West for 652.68 feet�t�e point of begiaain�g of said Line B;thance North 00 degrus • 11 minutes 13 se�conds West for 276.00 feet aad the�e�g sai,d I.iae B. , Ce,�berline A: Begianiag at the paint of inteasxtion of tLa eest liae of aaud SEl/4SW1/4 wi�the centexline af CaUaway Sheet,as platted'nt Cna�view Bstsbes,acvording to t}u rocorded plat the�ceof as ie� , on file ia 9u o�ce of the County Ra;ord�er�Stesrns Couuty,Mi�mesota,basis of bearing ass�anea d�e east � liae of sa�d SEl/4SWl/4 bears South 00 degrees 11 minu�es 13 seoonds Bae�theuce South 89 degrees 07 : miaubes 21 soconds West for 278.00 fe�t;thence weste�ly along s�sl cm've,con�cave to die na�'th, � radius 600.00 fat,central angle 36 degras 17 minutes SO seconds,380.10 fce�thGnce North 54 degras 34 minutes 50 aa:onde West along a line taaga�►t to lest daecnbed curve far 84.47 fee�thence weaterly s�ag a tangratisl c�ave,concave to the south,radius 600.00 feet,ceatt8l angle 35 degrces 19 minutes 23 seconds 369.90 feet;thence South 89 degrees 54 minutes 13 sacands West along a line tmiga►t to last dasen'bed curve for 225.67 feet to the point of iatersection with the eastedy right-of-way liae of Coimty � Road 121,as platted in Stearns County Right of Way Plat N�ber 19,a�cording to the ra�rded plat � thereof as is oa file in the office of the County Recordea,Staarns Couaty,Minnesota;theanae continue . South 89 dagceas 54 minutes 13 seconds Wast for 42.00 fast to the poiat of intersection with the west lme i '�� 'of said�El/4 SWl/4 and diere temimabe said centerline. ��- � ��-"� __. . . .. . .. ... .. .. . .. .. . . .. -� - -- . ANv " Thst part of the 3outheast Quartea of the Southweat Quarbar(SBi/4SW1/4)of Section 10,Toov�hip 124 ' Nortb,Renge 29 West lying northerly of Lme 1,eaat�rly of Line B,lying northealy of a line 33.00 fat southe�rly o�measural at a right anglo to,end parallel with Centa�line A,aad lying southe�dly of a bne 33.00 fee#north�ly o�measured at a right azigle to,aad parallel with Cmterline A deacn'bed es follaars: . Line A: Beg�inaiRg at the point of intarsection of the east line of said 3B1/43W1/4 wi8i the noith«iy lina of Callnway S�at,aa plattod in Giraceview P,states,accordiag�o tha rocordod plat th�ereof as is oa 51�m the offioe of the County Ra�rdcr,Stearns County,Minnaaota,baaia of besring asaum�the east 1'me of said SBl/4SW1/4 bears South 00 degrees 11 minutes 13 s000ads Eaa�die�ce South 89 degrees 07 miuutes 21 aoconds West for 662.68 feat snd thare terminating said Liae A. � Line H: Comm�cing at the point of mtarsection of tt�e east line of aeid SBl/4SW1/4 wi�the�ly line of Callaway Stre�t,aa plattod in Cnaxview Estates,according to the recatded plat th�ro�f aa is u�file in tha office of the County R,ecorde�,Stee�na County,Miaaeaota,baais of beeriag assumes the east line of eaid SEll4SW1/4 be�a South 00 deg�recs 11 minu�s 13 secands Bea��aco South 89 de�07 minutes 21 aoconds West for 662.68 feet to the pomt of�of said L'me B;the�ace North 00 degrees i f EXHIBIT ��A�� 11 minutes 13 aeconds West for 276.00 fect and therc taminating said Line B. Cemt�rliae A: Beginning at the point of intersection of the east liae of said SEl/4SWI/4 with the j ceataliae of Callaway Street,as plattod in Cn�accview Estates,accordiag to the recordod plat�ereof as is on file in the office of the Cowity Recorder,Stea�ns Coimty,Mma+esota,basis of bearing assumes the east line of said SBl/4SW 1/4 bears South 40 degrees 11 miaube,s 13 soconds F,as�t6eace South 89 degrees 07 minutes 21 exands'West for 278.00 feet;tharce westaly along a tangential curve,concave to the north, radins 600.00 feet,ce�tral angle 36 de�s 17 minutes SO seconds,380.10 feet;thence North 54 de� 34 mmutes 50 soconds West along a line taagent to last doscn'bod euive for 84.47 fee�tharce westerly along a tangantial curve,concave to the south,radius 600.00 feet,cenhal angle 35 degrces 19 minutes 23 sa�nds 369.90 fce�thence Sout3i 89 degrees 54 minutes 13 seconds West along a Iine�ng�nt to last descnbed cmve for 225.67 feet to the point of int,arsoctioa with the oastaly right-of-way line of County Road 121,as plattod in�teams Couniy Right of Way Plat Number 19,accordiag to the recorded plat thereof as is on file in the office of the County Ra�ordec,Stearns County,Minnesofa;thence oontiaue � South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the point of intersection with the west line of said SEl/4SW1/4 and thcre terminate said ceaterline. PARCBL 4 • Zb�at part of�►e Southeast Quarter of t�e 3outhwaet QuartGr(SS U4SW1/4)of 3action 10.To�wnsbip 124 : No�th,Range 29 Weat lying northr,rly of Liae A,eastcrty of Line B,and lying sou�e�rrly of a line 33.00 faet southealy o�measured at a right angle to,and parall�l with Ce�nterliae A,descn'bed as follaws: L'm�A: Begi�ning at the point of iate�sectioa of the wst line of�►id SBl/43W1/4 with the norlherly line of Callaway Strcet,as platted'm C�+iCw Estabes,accordiag to the rccordod plst theroof as is on 51e ia �e offico of the County R�eoorda,Steaias Coimty,Miaaesota,basis of beariag aasemies#he east line of said SBl/4SW1/4 bears South 00 degroes 11 minutas 13 seoonds Bast;thanco Soudi 89 d�egueea 07 ° " 'minirtea 2i�seoonds West foar 662:68 fe�t"and there� . . . aaid?.me A: � - - -. ... .. . ... . . _ . . . � Line B: Cem�eiag at tha pomt of intersection of tho eest line of said SB1/4SW1/4 with the no�thaly hae of Callawsy St�rect,as plat�ed in Crracaviaw Bs�es,a000rdiag to the reoordod plat thaeof aa ia on file in the office of the Co�mty Recorde�,Steeirns Couaty,Minnesota,basis of bearing assum�the a�st line of said SE1/4SW1I4 beezs South 00 degrees 11 mimrtas 13 seconds East;thenca South 89 deBreos 07 . miautes 21 seconds West for 662.68 feet to the point of beginnimg of said Liae B;theance North 00 degi�ees 11 minutes 13 seconds West for 276.00 fe�t and thet+e te�minatin�g said Line B. Canteline A: Beginning at the point of int�ection of the eest line of said SEl/4SW 1!4 with the centerline of Callaway Street,as platted"vn(�racavit�v Estates,according tfl the recorded plat thaz+o�f as is on file ia the office of the Coimty Ra;ord�r,Stearus County,Minnesota,basis of ba�in.g ass�maes the east ]ine of said SBl/4SW1l4 bears South 00 dagreos 11 minute�13 seconds Bas�theaca South 89 degi+ees 07 � miautes 21 soconds West for 278.00 fect;thence wesberly along a taageatial curve,concave to�e north, radius 600.00 feet,ceutral angle 36 degrees 17 minutes 50 seconds,380.10 feo�tha�ce North 54 de� 34 minubes SO seconds West atong a line tangeat to last descnbed curve for 84.47 fee�thenca westaly slong a tangartial c�uve,concave to the south,radius'600.00 feet,central aiqgle 35 degrees 19�23 seconda 369.90 fert;thence South 89 degi�ees 54 minutes 13 seconds Weet almig a line tangeat to last . descn'bed curve for 225.67 foet to the point of inteasection with the easterly right-of-way line of County Road 121,as platted�in Steams County Right of Way Plat Numba 19,avcording to the rec�rded plat i • - EX,HI.BIT "A" thereof as is on Tile in tho office of the County Recorder,3tearns Couaty,Minnesota;�ea�ce continua South 89 degrees 54 minutes 13 seconds West for 42.00 feet to the point of intorsecti�on with the west liae of said SEl/4SW1/4 and there tttminace said carterline. 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ANDERSON, P.E. Highway Engineer JEFF MILLER, P.E. Asst. Highway Engineer JODI TEICH, P.E. Asst. Highway Engineer t i tHNNb rUBL 1 U WuKKS �20 2:5:D 5186 P. 02/U.5 *COUNTY OF'*STEARNS Department of Highways PO Box 246 • St Cloud, MN 56302 (320) 255-6180 • FAX (320) 255-6186 December 1, 2004 STEARNS COUNTY HIGHWAY DEPARTMENT COUNTY PLAT REVIEW PLAT: COLLEGE ADDITION The basic criterion for this plat review is provided for in the Stearns County Comprehensive Plan. Location The general location of the plat is east of County Road 121 within the City of St. Joseph. C.R. 121 is classified as a minor collector in the area of the plat. The 2003 traffic volume on C.R. 121 in this area is 3350 ADT. Right of Way Adequate right of way exists along CR 121 via Stearns County Right of Way Plat 19. No additional right of way is required. Generally, all private facilities such a5 Signs, entrance medians (divided entrances), fencing, etc. shall be placed/constructed outside of the permanent county right of way. Access Management: Access shall be in conformance with the attached agreement. A temporary access has been permitted until such time as the collector route is built intersecting with CR 121. At this time the temporary access across from the main entrance to the college would be removed. The owner should confer all "rights of access" to Stearns County for the property frontage along and adjacent to the County right of way. Drainages FacilitiesFacilitie: Storm water drainage facilities should be designed in such a manner as to not '875-@888 'Affirmative Action/ Equal Opportunity Employer" SCR of � :D 1 EHmNb rUBL I (- WUKK.:i 320 2 -D -D 61H6 H. U:3ild:3 s' exceed the current (beforeOelopment condition) maximum storm9ter runoff flow onto county right of way. The analysis should be based on a minimum 100 -year design storm. The design/analysis of storm water runoff effects on the existing drainage system should be based on both the proposed development and planned future development impacts. Culverts constructed/placed within the county right of way as part of this project should be specified as a minimum of 15 inches in diameter. Any culverts crossing under existing or proposed county roads and/or municipal streets should be specified as reinforced concrete pipe and should be a minimum of 24 inches in diameter. Reinforced concrete pipe shall be tied/secured together with appropriate steel fasteners. A determination will be made at the time of application for Approach Permit as to the need and size of culvert required under the approach. Traffic and Public Safety: Sight distance is adequate. A utility permit will be required if utility construction activities are within the county right-of-way. All street and private entrances should be graded in such a manner as not to drain onto the existing county roadway if possible. Mailbox supports installed within the County right-of-way shall conform to the latest Stearns County Mailbox Support Policy. I have reviewed the above plat at the request of the municipality, for concerns relating to standard engineering practice and policies as commonly applied to County Roads and Rights -of -Way. - Maintenance/Operations I concur in the above review and recommendations. Stearns County Engineer Distribution: Stearns County Recorder's Office (original) Stearns County Surveyor's Office (copy) City of St. Joseph (copy) SEH, Inc. (copy) 2 1 11 �— Dale /2 9 a Date CI—i-of_� TOTAL P.03