HomeMy WebLinkAbout[06a(ii)] The Oaks Council Agenda Item
CITY OF ST.JOSH 1'H
•
MEETING DATE: November 5,2018
AGENDA ITEM: Preliminary and Final Plat Approval—The Oaks Addition
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission(7-0)
recommends approval of the Preliminary and Final Plat and acceptance of the Trail Easement Agreement
for The Oaks Addition.
PREVIOUS COUNCIL ACTION: The City Council approved a preliminary plat and PUD entitled
Southview Heights on March 19,2018 as requested by KJ Development LLC,owner. Subsequently,KJ
Development submitted a request for approval of a final plat and PUD,which they withdrew in May of
2018.
BACKGROUND INFORMATION:
Applicant Information: Kuepers Inc,Developer
Existing Zoning: R-3 Multiple Family Residential District
Future Land Use: High Density Residential
Location: West of 20th Ave. SE and south of Minnesota St. E
Civil: Engineering comments are attached.
Access: The site has access off 20th Avenue SE. The submitted site plan proposes
two accesses with parking lot drive aisles at 26 feet wide.The apartment
buildings would be sprinkled to NFPA 13R system. Currently,20th Ave.
SE is a rural style road(ditch system).No additional right of way is
required for the plat.Futuristically,20th Ave. SE will be extended to the
south abutting the property and planned to be upgraded to an urban style
street(curb, gutter,and boulevard)with a trail.
WCA/Wetlands: There are no wetlands on the property.
Overall Plat Information:
Block 1 Size Use
Lots 1 116,731 SF(2.7 acres) Apartment Building(Proposed 35 unit)
Lot 2 117,194 SF(2.7 acres) Apartment Building(Proposed 35 unit)
Outlot A 29,509 SF(.68 acre) Storm Pond
Outlot A would be dedicated to the City for storm ponding needs.
Lot Requirements would follow R-3 District-
Lot Size and Width: The minimum lot size is 12,000 SF and width is 80 feet at property line and 150 feet
at setback line.The lots meet this minimum requirement.
R3 Lot Area Requirements-
Front Yard Setback(20th AV SE) 35 feet
North Side Yard Setback 20 feet
South Side Yard Setback 50 feet(where abuts residential)
Rear Yard Setback 50 feet(where abuts residential)
Maximum Lot Coverage 50%
Height 40 feet(3 stories)
Trail:
A future trail is planned for 20th Avenue SE at time of reconstruction of the street.
Park Dedication Information:
Parkland dedication requirements for multi-family are 1,250 SF of land per unit or$975.00 per unit per
payment in lieu of land dedication or a combination of both at the discretion of the City. The applicant
proposes to dedicate a trail easement on the northerly boundary of the property to connect to the existing
trail to the west and futuristically to the planned trail along 20th Avenue SE. The developer shall
construct an 8 foot wide bituminous trail to city standards at the same time of construction of the
apartment.The developer will receive park dedication credit for the dedication of land(easement)and
construction of the trail. After applying the credit,any additional dedication requirements shall be paid
at issuance of the building permits for each phase.
Drainage and Utility Easements:
According to the City's Subdivision Ordinance,drainage and utility easements are to be 6 feet on interior
lot lines and 12 feet along roadways and over ponding areas.The plat meets this requirement.
ATTACHMENTS: Request for Council Action
Location Map
City Engineer's Comments
Resolutions 2018-051 and 2018-052
Subdivision Application
Trail Easement Agreement
Draft Developer Agreement
Preliminary and Final Plat
Site Plan(reviewed and approved administratively)
REQUESTED COUNCIL ACTION: Motion 1: Authorize the Mayor and Administrator to execute
Resolutions 2018-051 and 2018-052,Developer Agreement and Trail Easement Agreement.
Preliminary & Final Plat Request: The Oaks Addition
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October 15,2018
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SEH
Building a Better World MEMORANDUM
for All of Use
TO: Therese Haffner, Community Development Director
FROM: Randy Sabart, PE
City Engineer
DATE: October 23, 2018
RE: 2018 The Oaks on 20th Subdivision, St. Joseph, Minnesota
Preliminary Plan and Plat Review
SEH No. STJOE GEN G179 14.00
I reviewed the preliminary plat and plans dated October 8,2018,from Campion Engineering Services, Inc. and
Pellinen Land Surveying, Inc. and have the following comments:
Preliminary/Final Plat
1. It would be desirable to(first)record the proposed trail easement on the north side of the property so that
the easement document number can be referenced on the final plat.
2. Outlot C is presently owned by the State of Minnesota. It's noted on the site plan that the southern-most
driveway entrance encroaches onto Outlot C, Liberty Pointe. Reconfiguration of the entrance, or
dedication of an ingress/egress easement,will be necessary as proposed(See Site Plan mark-up).
Site, Utility, Grading, Drainage, Erosion Control,and Detail Plans
3. See plan mark-ups for comments/questions.
4. Parking lot dimensions are described as back-to-back measurements. The City's offstreet parking width
requirements are defined on a face-to-face basis. Parking aisles shall be a minimum width of 26 feet
(dimension accordingly to account for back-to-back reference).
5. Identify the typical section for the proposed pedestrian trail. See the City's typical minimum trail pavement
plate.
6. Infiltration rates for infiltration Best Management Practices(BMP's) must be verified by field testing after
construction is complete for verification of design values. (Stormwater Design Standards 9.7.1)
7. Infiltration BMP's must be located so that the edge of the 100-year high water level is at least 70 feet from
the nearest structure and at least 20 feet from the nearest property line. At the City's discretion,
clearances may be reduced to at least 20 feet from the nearest structure and at least 10 feet from the
nearest property line for privately owned BMPs.(Stormwater Design Standards 9.7.2.7)
8. Where storm water runoff is directed to the wet detention pond via overland flow, it must be collected by a
culvert or catch basin before it reaches the pond slope and conveyed to an inlet pipe(Stormwater Design
Standards 9.8.2.8)
9. PVC Sanitary sewer service pipe,wye, and bends within the public right of way shall be SDR 26. Repairs
at the sewer main shall include a 10x6 PVC wye and PVC gasket x gasket repair coupling.
10. Clarify proposed pipe diameter referenced in plan note 19(6-inch or 8-inch).
11. The City Fire Chief should be consulted regarding suitability of structure fire protection from 20th Avenue
as no fire hydrants are proposed within the site. Portions of the apartment units and garages will be
outside a typical 300-foot long radii for service coverage from the hydrants on 20th Avenue.
12. The City should evaluate requirements for sidewalk connections from the fronts of the apartment
complexes to the existing trail system at Liberty Pointe
Engineers I Architects I Planners I Scientists
Short Elliott Hendrickson Inc.,1200 25th Avenue South,P.O.Box 1717,St.Cloud,MN 56302-1717
SEH is 100%employee-owned I sehinc.com I 320.229.4300 I 800.572.0617 I 888.908.8166 fax
2018 The Oaks on 20th Subdivision
October 23, 2018
Page 2
13. Provide for minimum 2%grades across turf surfaces(ex. between play set and west infiltration basin).
14. Illustrate proposed pedestrian trail on the north side of the site.
15. The proposed slope gradient and drop along the west side of the site introduces trail railing requirements
for the existing trail (Mn/DOT Bikeway Facility Design Manual). Review grading alternatives or the
addition of railing where necessary.
16. The submittal did not include a project manual or specifications. Please submit for site Civil work.
rjs/mrb
c: Judy Weyrens, City of St.Joseph
Terry Thene,City of St.Joseph
\\sehsc\projects\pt\s\stjoe\common\general numbers\g179 2018 kuepers appt oaks on 20th\1-gen1\14-corr\m city preliminary plan review-102318.docx
J
SEH
Building a Better World MEMORANDUM
for All of Us'
TO: Randy Sabart
FROM: Robert Larget
DATE: October 15, 2018
RE: Oaks on 20th, St Joseph, MN
SEH No. 147108 14.00
I have reviewed the Stormwater Management Plan, Grading Plan and SWPPP for the Oaks on 20th project in St.
Joseph, MN.
I concur with the Stormwater Management Plan methodology and results. The plan as prepared meets or
exceeds the requirements of the MPCA General Permit and the City's Stormwater Management Design
Standards. As the additional infiltration basins were not included in the calculations, the actual retention and
infiltration will exceed the design volume used. Also, as the soils have a very good infiltration rate,the wet pond
as designed will also have infiltration,which will draw down the normal water level, thus providing additional
storage resulting in reduced discharge rates from the site.
To comply with the MPCA General Permit for SWPPP content, it is recommended that the SWPPP Plan Sheet
include the impervious area information required in Section 5.8 and a summary of design calculations Section 5.6,
similar to those in 5.26 for temporary control BMP's.
Resubmittal of this project is not required.
rgl
Engineers I Architects I Planners I Scientists
Short Elliott Hendrickson Inc.,717 Third Avenue SE,Suite 101,Rochester,MN 55904-7373
SEH is 100%employee-owned I sehinc.com I 507.288.6464 I 888.908.8166 fax
•
CITY OF ST. JOSEPH
Resolution 2018-051
RESOLUTION APPROVING THE PRELIMINARY PLAT
The Oaks Addition
WHEREAS, the St. Joseph Planning Commission held a public hearing on the preliminary
plat for The Oaks Addition on October 29, 2018, at which time all persons wishing to be heard
regarding the matter were given an opportunity to be heard; and
WHEREAS, on October 29, 2018, the St. Joseph Planning Commission reviewed the
proposed preliminary plat and recommended approval; and
WHEREAS,the proposed plat has been reviewed by the city engineer; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST.
JOSEPH, MINNESOTA: That the preliminary plat of The Oaks Addition be approved with the
following conditions:
1. All engineering issues are resolved.
2. That the trail easement be recorded with Stearns County in advance of recording the final
plat and documented on the final plat.
3. That site plan approval must be obtained prior to construction of the development
conforming to city ordinances.
4. That prior to issuance of a building permit, the developer shall enter into a stormwater
facility maintenance agreement with the City, which shall be recorded with Stearns
County.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council
this 5th day of November, 2018.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, City Administrator
•
CITY OF ST. JOSEPH
Resolution 2018-052
RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPER AGREEMENT
The Oaks Addition
WHEREAS,the St. Joseph Planning Commission held a public hearing on the preliminary plat
of The Oaks Addition on October 29,2018, at which time all persons wishing to be heard regarding the
matter were given an opportunity to be heard; and
WHEREAS,the St. Joseph Planning Commission reviewed and recommended approval of the
preliminary plat and final plat of The Oaks Addition on October 29,2018; and
WHEREAS,the City Council adopted a resolution approving the preliminary plat as presented;
and
WHEREAS,a fmal plat for The Oaks Addition has been submitted which indicates that the
final plat is consistent with the preliminary plat.
WHEREAS,the proposed plat has been reviewed by the city engineer; and
BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute
the Trail Easement Agreement; and
BE IT FURTHER RESOLVED that the City Administrator and Mayor are hereby authorized
to execute the Developer Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA: That the final plat of The Oaks Addition be approved with the following conditions:
1. All engineering issues are resolved.
2. That the trail easement be recorded with Steams County in advance of recording the final plat
and documented on the final plat.
3. That site plan approval must be obtained prior to construction of the development
conforming to city ordinances.
4. That prior to issuance of a building permit,the developer shall enter into a stormwater facility
maintenance agreement with the City, which shall be recorded with Steams County.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this
5`h day of November, 2018.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, City Administrator
City of St.Joseph
iiN/ALAN4910A/\, Application for Subdivision Review
YYY: ityolstiostin l.(bill
CITY OF ST. JOSEPH
Application is hereby made for:(Applicant must check any/all appropriate items)
X Preliminary Plat X Final Plat Review Planned Unit Development
APPLICANT INFORMATION:
Applicant Chris Raimann - Kuepers Inc.
phone: 218-824-2233 Email: craimann@kuepers.com
MailingAddress: 17018 Commercial Park Road, Brainerd, MN 56401
prop ,owner: Kevin Johnson - KJ Development of St. Joseph, LLC
Phone: 320-255-9649 Email: kevin@kjohnsonconst.com
Mailing Address: 6870 Highway 10 NW, Sauk Rapids, MN 56379
PROJECT INFORMATION:
Parcel Identification Number(s)of Property: 84.53431 .0210
Legal Description of Property(may be attached instead of listed):
Please see the attached Exhibit'A' — cot,.rn1-4 evg.4-
Name
Name of Plat: The Oaks Addition
Gross Area: 6.048 Acres
Number of Lots: 3
Name of Pending Street Name(s)Included in Development:-na-
Name of Land Surveyor/Engineer:Jeff Rausch - Pellinen Land Surveying, Inc.
Address of Land Surveyor/Engineer:PO Box 35, Hutchinson, MN 55350/
Does the proposed Preliminary Plat/PUD require a land use amendment and/or rezoning?No V Yes_
St Joseph Application for Subdivision Review Page I 1
Is the proposed Preliminary Plat consistent with design standards and other requirements,of the City of St.
Joseph Subdivision Ordinance,Zoning Ordinance,and Comprehensive Plan? Yes V"No
Describe the physical characteristics of the site,including but not limited to,topography;erosion and flooding
potential;soil limitations;and,suitability of the site for the type of development or use contemplated:
The site is a relatively flat and open previously developed parcel with
convenient access to the Hwy 75 corridor. The site is bounded by 20th
Ave on the East, a vacant parcel to the North, a single family neighborhood
to the west and a stormwater basin to the south. The existing soils(poorly graded sands with silt and gravel)
are well suited for the proposed development.
Please see our site plan approval application for development details.
Describe the fiscal and environmental impact the proposed development will have on adjacent property owners
and the City of St.Joseph.
The proposed development includes two 35-unit market rate apartment
buildings with detached garage structures. The site development, including
the structures, grading and stormwater management, will comply with
all applicable federal, state and local rules and regulations.
If application is for PUD,provide a statement that generally describes the proposed development,the market
which it intends to serve,its demand in relation to the City's Comprehensive Plan,and how the development is
designed,arranged and operated in order to permit the development and use of neighboring property in
accordance with the regulations and goals of the City.
-na-
St.Joseph Applkotlon for Subdivision Review Page 12
I/We mdentasd that any work to be done will rupia rr to the City for coginearing,oomaltio,,
mapping or studies that may have to be done in cantonal=with this adgfivaion.This iodnder any ibis in
oagimction with preliminary or final plats.In addition,a cheek for the appropristo fee(s)mast be submitted
along with the spplicstion.By 4ring this application below.We we hereby acknowledging ibis potential
coat.
Applicant Sure Dale
16.e.
Property Owns Date
PaeliminaryPlat Minor-1 to 250 lots $300+55 per lot
Maur->250 lob 5500+55 per lot
Preliminary Escrow Minas—1 to 250 lots $3.000.00
Tomor->250 tote S5,000.00
Had Plat $300.00
Planned Unit Development $800.00
Note:ovel r d This
sat nee
d&most be ssbaaitted with the"PrdFind lminary Plat Cheddlat ander ■sl Plat
d&e land tae regaest(s).
St 1aMataeeoea w Nei
TRAIL EASEMENT AGREEMENT
The Oaks on 20th of St.Joseph, LLLP, a Minnesota limited liability limited
partnership ("Owner"), and the City of St.Joseph, a municipal corporation under the laws of
the State of Minnesota(the "City"), make this Trail Easement Agreement (this"Agreement")
effective as of , 2018.
RECITALS
A. Owner is the fee owner of certain real estate located in Stearns County,
Minnesota, legally described on the attached Exhibit A(the "Property").
B. Owner desires to grant to the City a non-exclusive easement for public trail
purposes over and across a portion of the Property, subject to the terms and
conditions of this Agreement.
In consideration of the covenants and agreements in this Agreement, and for other good
and valuable consideration, the receipt and sufficiency of which are acknowledged, Owner and
the City agree as follows:
1. Recitals. The recitals and facts set forth above are incorporated into this
Agreement as part of its terms.
2. Easement. Owner grants and conveys to the City a perpetual, non-exclusive
easement for pedestrian public trail purposes only (the "Easement") across the portion of the
Property legally described and depicted on the attached Exhibit B (the"Easement Area").
3. Scope of Easement Rights. The Easement includes the right of the City, its
contractors, and agents to enter the Easement Area at all reasonable times for the purpose of
locating, constructing, reconstructing, operating, maintaining, inspecting, altering, repairing, and
improving the existing trail within the Easement Area(the "Trail") of public trail purposes. The
Easement shall be open for use by the public, subject to such regulations and restrictions as may
be imposed by the City.
The Easement also includes the right to cut,trim, or remove from the Easement Area any
trees, shrubs, or other vegetation that, in the City's judgment, unreasonably interferes with the
Trail located in the Easement Area, or otherwise interfere with the City's rights to the Easement.
[28221-0002/3160738/1] 1
4. Restrictions. No rights are granted to the public beyond the right of the City to
inspect, repair, replace, maintain, use and operate the existing trail constructed in the Easement
Area in accordance with the terms of this Agreement and the laws and ordinances of the City.
The City shall not permit motorized vehicles to be used on the Trail, except to the extent
reasonably necessary for snow removal and the repair, replacement, and maintenance of the
Trail. The City shall not permit the public to use the Trail for any purpose other than pedestrian
and bicycling purposes. The City shall maintain the trail in good and safe condition and repair to
the standards used for the maintenance of the City's trail system throughout the City. The City
acknowledges and agrees that Owner has no obligation to perform any inspection, maintenance,
repairs, or replacements of the Trail.
5. Liability. Nothing in this Agreement is intended to make Owner responsible or
liable for damages caused by acts, errors or omissions of the City, its officers, agents and
employees.
6. Indemnification. The City agrees to indemnify, defend, and hold harmless
Owner from and against any and all liability, losses, expense, cost, damages, claims,
proceedings, and/or causes of action, including without limitation attorneys' fees, arising out of,
related to or connected with to the public use of the Trail or the City's failure to inspect,repair,
replace, maintain and/or operate the trail constructed in the Easement Area.
7. Binding Effect; No Assignment. The Easement shall be binding upon, and inure
to the benefit of, all parties having any right, title or interest in the Property, their heirs,
successors, and assigns. Owner and the City intend that any future conveyance of the Property
shall be subject to this Agreement, and the City shall remain responsible for all of its obligations
hereunder after any such future conveyance of the Property. The City may not assign or transfer
this Agreement or any of the rights granted hereunder without the prior written consent of
Owner, which consent may be withheld in Owner's sole discretion.
8. Amendment Modification; Termination. This Agreement may not be
modified, restated, amended, changed in any way, or terminated or canceled without the prior
written consent of Owner and the City.
[Remainder of page intentionally left blank; signature pages follow.]
[28221-0002/3160738/1] 2
[Signature page to Trail Easement Agreement]
OWNER:
THE OAKS ON 20Ttt OF ST.JOSEPH,LLLP
By: The Oaks on 20th of St.Joseph,LLC,
General Partner
By
Steven D.Kuepers,Chief Manager
STATE OF MINNESOTA )
) SS
COUNTY OF )
On this day of , 2018, before me, a Notary Public for this
County, personally appeared Steven D. Kuepers, who, being by me duly sworn, did say that he is
the Chief Manager of The Oaks on 20th of St. Joseph, LLC, the General Partner of The Oaks on
20th of St. Joseph, LLLP, a Minnesota limited liability limited partnership, and that this
instrument was signed on behalf of said limited liability limited partnership by authority of its
General Partner and acknowledged said instrument to be the free act and deed of said limited
liability limited partnership.
Notary Public
[28221-0002/3160738/1] 3
CITY
CITY OF ST.JOSEPH
By
Its Mayor
ATTEST:
By
Its City Administrator
STATE OF MINNESOTA )
) SS
COUNTY OF STEARNS )
On this day of , 2018,before me, a Notary Public for this
County,personally appeared and ,the
Mayor and City Administrator, respectively, of the City of St. Joseph, a Minnesota municipal
corporation, on behalf of said municipal corporation, Grantee.
Notary Public
THIS INSTRUMENT DRAFTED BY:
RINKE NOONAN (HAM)
1015 West St. Germain Street, Suite 300
P.O. Box 1497
St. Cloud, MN 56302-1497
(320) 251-6700
Our File No. 28221-0002
[28221-0002/3160738/1] 4
EXHIBIT A
(Legal Description of Property)
That part of the East Half of the Southwest Quarter of Section 11, Township 124, Range 29,
Stearns County, Minnesota, described as follows:
Beginning at a point on the south line of Block 2, K AND L PROPERTIES ADDITION, a duly
recorded plat in said county and state, distant 358.29 feet westerly of the southeast corner of said
Block 2; thence South 82° 19' 56" East for 358.29 feet to the southeast corner of said Block 2;
thence South and parallel with the east line of said East Half of the Southwest Quarter for 700.83
feet; thence westerly along a curve, concave to the South, having a radius of 563.36 feet, a
central angle of 29° 03' 12", a length of 285.66 feet, a chord of 286.61 feet and a chord bearing
of South 75°28'24" West; thence North 29° 03' 11" West for 167.85 feet to a line drawn South,
parallel with the east line of said East Half of the Southwest Quarter from the point of beginning;
thence North for 672.80 feet to the point of beginning.
[28221-0002/3160738/1] A-1
EXHIBIT B
(Legal Description and Depiction of Easement Area)
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———— THE OAKS ADDITION
I
IPRELIMINARY PLAT
,00 I N
.
\`, k AND L / PROPERTIES. A/D/TION g DESCRIPTION
ss
s., ,
3 .l ,,yf KreWbaoh R. _--iCsonzed B-2 ,'I " ' , ...
,�,� `x / �Hol4fngs.� ,, ; i Ili
ihat part of the East Half of the Southwest Quarter of Section 11,Township 124,Range 29,Steams County,
,�` ,, `,` / s'' ; 2 2 Krebebsch R. 1 ; Minnesota,deet.bed os follows:
o, , ,, x0"t Fit.Holdbps IJA;'' 1i r . i i Beginning at o point on the south line of Block 2.K JNID L PROPERTIES ADDITION,a duy recorded plat in sold county
�.` �•, `, 1 ' 1 ' and state,distant 358.29 feet westerly of the southeast comer of said Block 2;thence South 82°19'56"East for
- t =t,•``tC-_ ,' `, K en0 x ',,,I. 358.29 feet to the southeast corner of sold Block 2:thence South and parallel witfl the east line of said East Half of
_ 3outh.o$t comer , the Southwest Quarter for 700.83 feet;thence westerly alonga curve.concave to the South,having a radius of
t
' I , z-,-_r '' (Wed) ".,I elm.µ•`•N'' i i1 Q O 30 e0 iso 583.36 feet,a central angle of 29°03'12",a length of 285.66 feet,o chord of 286.61 feet and a chord bearing of
' , .��°,---1 'a'�3"E �8 ; .�, rr South 75'28'24"West;thence North 29°03' 11"West for 167.85 feet to a line drawn South,parallel with the east
:.'°�� ' I , 1 ; ,, 9 1� line of said East Half of the Southwest Quarter from the point of beginning;thence North for 672.80 feet to the point
1 x di` sdo/• �n need.
Chloe M.Lebow ,� j ��'��+�"� �- �„`'T••.,,L .. ; . I Zoned B-2 of beginning.
�• _ _
Im.10792 .`�'-•, le':
esu le ,, •w t7 � , R i 1 ' ,,i��' 'HMI,,. (_
i , 1r. 1<' r Pe ddro6pys�, a .• 11 I ,, 1I1; ''1 TOTAL AREA- 8.05 Acres
,I o esesa'e1 6`" ''e--I 'i'i li 1 \� The orientation the bearings shown on this survey 263434 Square Feet
I ii r •,' i x fa`3 I 11 , tl i +�' d Sectionhe SW 1/4 of
11 ore based on the2east.2e 5. wtdf Ii assumed to
Mary K.Fllzen,i i i 1 r 2-`I;,,, ' 1 x 'T \ how a bearing of N004947"MI.
,,, ,,'t t I 1 -e � 01..--440.,,,,,,, 10.1073.30
'�T'.110 1 I �,-- -4,,,1 J
Alexa Davie ;ilii: 3 ;I'IV ` x61 ,' I 'I I ; ' 'R I•': r Lai
I;111;1 I;I II 14, 1,40 Z '� ( I I 3 1 , ..'0,...•
'll«�-_,,1 `•• -- 107a, ,i '• :i' , p" b., United StatesOWNER/DEVELOPER:Ths Oaks on 20th of St Joseph, LLLP
,11 I , , ''11 n, $M.1C74 of Armfica LEGEND11;;1,1 ;1;; Araa-118731�Sq Ft � , �� I 1 ,I r,; 1 + 17018 Commefrolai Park Road
Deutsche Blink 1,1'IiI ili; esu,e , x` 3 I' 1 i ro 1,, `11 1, \I •w a, •eN,l{ jho _ Q I r n • Denotes Iron monument found Brainerd. MN 58401
wow/NA co'lo'n 4 t',, +1 , , �+ II 1 ' ' I::r �l
;Ilii; il;i1 >•\ , t,, ,$1'' ', I-u `1, I~lb , I, I;;k W o Denotes iron monument set
3 ,,";u , ;i1,, 1'1 r '•,' ', ,', I11d�. ; ; ";i `•'J IMS DenMee Mon},ole
'�I'1 IN .;1111 ,, 1 .�. t i 141 'i1,4I�� 5I;;I ; ' jp/�'� I 1 Y ; ; 4 O MVO Denotes Hydrant
Alice T.Smith 'dl;tt.-, 4,', ' x ' / i ' ' 1
I ;1,;t BLOCK 1,' *� I I ; , „ > a Denotes uta,pe at
111„,,,,,„t1''1' 7t ' t SURVEYOR:Jeff Rausch
CJ Pellinen Land Suryn , Ino
+,r ” �I' - •
, •ewe , •w• i SRl 3L1 I 1 , ; ' x + Denotes Sia,(type rated) 9
Zoned PUD IIIA ;I' 6'% a A$ ; 1 h;, Ai a
(y \ ;,11 ( ; 9v , • ; v; ,, x`6 Donates poo elevolkn 18488 202nd Circle, PO Box 35
'1\111:11,-q, , ` ; 7� i 1 MN 55350
, 1',1, , ' Aa , / , 1 1 1. 1 I ,\ Hutchinson,
Roevon 0.Milkier 11ti � sa ss,;I;I' . .^e3 -�s—•yL-��>�- '-I );1{ ,,yL1r�x', L .M I i Coss I Denotes sun boring
'iiiii ilii;; ,, _- r r10',e_3"YI 755.09 �. .¢10 ' I ,,9"J _-e Denotes Storm Sewer flared end section
,1„11, s.`„
1,, 11 1.. ■}• �9r• / �'2C,� r K '.7<-
' ' . . .. 771 Denotes concrete Deem=s
VIII:,
1;iii ,m 9+ x C�^-�--a T^�1 , t• 7ifj y • .:.
Elizabeth A Touer et; . 1,1'1 , 3� $` �-21-i
.� ids” '.•, .,,ef 2 h1w1• 0 Denotes orb k
Pu" ,7 ,, ,1,1t 1 $ , �..,�5 - •I IICi—.'' a1m.10720 gutter
1'„d, 1,,,11 1 S' , `gewy.__w C I 1 1,
--Ott.
-;till ;' ;"I,�I r / i 1 •`,-"^^� ",slew •�, ,, '.� , _ s s• Dena«sordtarr sew« PRESENT ZONING R-3 MULTIPLE FAMILY RESIDENCE DISTRICT
',"tiiii'ii rV• Sl •< r I ; 1,,,, ; i,- WInvelQ7Y3;'iil i ,r ,i,TiITTI ' i esusi •w7 r A LIm.1 72.1 > )• Delores Stam SeswJ0�" iairi'i illi ~ 1a ensue ,t i ; ,p i
Nelson dtiii'I'' 1'I !.I'�i 7,= ' o ' $ tl ,e'' •w , I v, li I mo• Denotes Walmnaln
' � 4 r ' x I` 1 —'—'—'—e. MINIMUM LOT REQUIREMENTS
Were r,11,p, „ e ' I 1 t'',
AS, 711.1073.53 Denotes underground gas
COig,,W1 ;�,I;71 11 Int
x ' ' •w{ ' 131; I. i ��
ill ,19,,,9 t 1;'1" I`' •fes I 1 =t1 I x s—z—s Denotes undergrouM N.arte1' ,\ 111' 11 ' , ' ' 1 ; Wes Minimum Lot Area- 12000 Ft
Theodore J`,n`� �?,,r+fl, ;; I S , , 1 , m'"0". _,_,teen —e—a—c--e• Denotes underground communications
gloa - '`` /Sq 1'1II• 1s, �I ; ;/ x`� I 'Sr., — - , B "� —— Minimum Lot width- 150 feet(at building setback line)
i,'",: 1 V!iiii"�,.',i1i ea°•( I It , i I i A x, ` i'�-_ 80 feet(at public R�W)
Jason Burch'??:1z;...‘� ,1 ill t / I Areq..117194 Sq Ft 1 I L �r
tet",?, 4�''r`11 I n n ` I
,.,� ir,i1 ,,P.
I 1 I x I
,,,as,,I r,,,,I • esu= i MINIMUM BUILDING SETBACKS
`A`;',61 i!11 ss::‘:1 I �Sw I • III vlgrarr MPP Front-35 feet
(3,rkdiM 3penle,,, ..' ' ,\ 1
` ' ' '1 �'�� ,„,
' i I i�.L I .4`49 t-^^ (No scale) Side-20 feet
1w•IIYf7.30 ' , , 1
f I 30 feet(from side abutting street)
l 'y `• ', S '‘, '' ',' $ x6`5 I • p A I 50 feet(from another residential district)
`'F1y�, ;1� ,; �1 4.+-X ---�-- ,a SII I I �,y1\I I �I.41 Rear-40 feet
Foul Schumer\.,`,•`,
111
JI�\ ;, ', ; . ..,fid dams.a' �e�1e"ts,, x'p- ;8 I 1` I `- i 50 feet(from lower density use)
,, 7k $ • ` , i / ' ( Is. -- Accessory structure-10 feet
•4w-i•06YR776z', ' °, ! • . 4 1� I —. i 1 30 feet(from lower density residential use)
1�, OUTLOT Ax4�''` I ,I �, ,I
--;4111::::
-—• - >,'..•,:` 1D7eArea-19509 Sq Ft : ,1 ' I y' I
x _ .,`;�, Tep•19ee .4• tt 14"W 262"9166 •` )' ` ` .�49
, & ' sian�ye'3 y,+„e L?s?: -----:-'1.,t1 B x 's x _-_ -J
` .' , i i`i .74411� , GM4#11-------'..;;;,-;;;;;;;;!"--,-,,\11 :\
.r.Y1 _ 6(It-•.I ,�. `, Seotlon 11.1.124 N.,R.29 W.
,I,'ii ,i'.' -::.^' _ - -' -f9li:g.%ter:'„ , t ,,r
1
' ,, I, - -,'',,' ,•'‘1111111,11:1,,,',
iii,.1::,,nom 0743 x1',,1'14,1; 1 ___ I hereby eerrlfy that this turret. plan Or
,111,,11,,, K f1 I,, 1 � ; 1 Re•ert sues pl eoerr ed OY nN e1 tlndef ey Olf•et
-_--w-' 11 ' rr1, euOelvlelen and Thal 1 om a eV1Y Ileessetl
LIBERTY PO/NT 0. 1 ':1:1" ` I i
pp7777 de// , „ r Ir lana 8uf veer under the Ian of the trate of
M.�a74.74' \:::11:::::: `,••x 'frrrrfn ' I SURYEy NOTES;
Minnesota.
111,1;i ,/,',///14,601 , I 11.r a01RIK11N aa1asNsk /[A �•� �J,y
'1%'"i' ', ''''::::';':'45e...��r 1 ,Y/ r a leaal areedb Oeekal Ywxxwnl Me,wD tMWn No.3t12A
The bearings Ynown on this surveyreferto both deed 9•.�� Re eh /!•Afteed eL
2 Zoned PUD y Id;,1%ii I�. i:'f i .�„ ," o.we.n.ioce al/w gsenee Draex) trierY T NTE,ofw hkh the stela Proal roe
J f Re eh a�;,,0•:piE 147$4 ' .. v ISr' mon w- /n` /1 �'1 Q
liberty NMI Homeowners Assoc. ,;.,` ;. - -; r�; /�1 a m^ esu wwaaaK Met 4.4 5- / Oleg I.Ie, Na.,2v3 9
2ND ADD/T/0-----------------------------V'• - g^ "z'« '""""""70""5"` This property le not within a special flood
PILLION LAND SURVEYING.INC • 13 Imo•- hazard er.o pew the following FEMA flood Insurance
P 0 Sex 36 ,:;% : I g elegem e toaw rr owow Nue) cRat Map: Md Insurance ce 27145C06202,for Nrn
HutahMsem Mhtneseta 86360 �Or UnT�Lt pO}T C t$ : 2:4ntY.nnne 1e,24 2
fective
Phone(320)587-4799 / ten nil of
Pox(320)5s7-3762 the�SW�1/
.. 4 Ot r
JOB Na 1813211 ON P-432 Pg I T.124 N029 W. .. .
THE OAKS ADDITION
KNOW ALL PERSONS BY THESE PRESENTS: That The Oaks on 20th of St.Joseph,LLLP,a Minnesota limited liability limited partnership,fee owner of the following described property
{— situated in the County of Stearns,State of Minnesota,to wit:
1
4 That part of the East Half of the Southwest Quarter of Section 11,Township 124,Range 29,Stearns County,Minnesota,described as follows: Beginning at o point on the south line
• of Block 2, K AND L PROPERTIES ADDRION,a duly recorded plat in said county and state,distant 358.29 feet westerly of the southeast corner of said Block 2;thence South 82.19'
56"East for 358.29 feet to the southeast corner of said Block 2:thence South and parallel with the east line of said East Half of the Southwest Quarter for 700.83 feet;thence
I westerly along a curve,concave to the South.having a radius of 583.36 feet,a central angle of 29°03' 12",a length of 285.88 feet,a chord of 286.61 feet and a chord bearing
• , of South 75°28'24"West;thence North 29°03' 11"West for 167.85 feet to a line drawn South,parallel with the east line of said East Halt of the Southwest Quarter from the
• point of beginning;thence North for 872.80 feet to the point of beginning. .
,K .AND L. PROPERTIES ADD/TION I Has caused the same to be surveyed and platted as THE OAKS ADDRION,and does hereby dedicate to the public for public use forever the easements for drainage and utility
/ 2 i purposes created by this plat.
3 I
/ 2 r I In witness whereof sold The Oaks on 20th of St.Joseph,LLLP,a Minnesota limited liability limited partnership,has caused these presents to be signed by its proper officer this
/ I —day of .20_.
Sm,M ane 1 Ld •
_ ��
Kµ0 L ngpp I The Oaks on 20th of St.Joseph,LLLP
1 aK sSlsnk 22K,coma By:The Oaks on 20th of St.Joseph,LLC
.._ Se y°0943"E )358.29 IIFrIES AN•G.�.N �I� (�
1 i` I _ ( „.---100—.1 `L BY
1 1 NO3bp.p,1Y Sio.7J _ Steven D.Keepers,Chief Manager
I CO
12 t
4Rt® STATE OF MINNESOTA
I s ` w I i� COUNTY OF
2 Y ` I The foregoing instrument was acknowledged before me this dayof 20�by Steven D.Kuepers,the Chief Manager of The Oaks on 20th of St.Joseph,
———— `� I LLC,a Minnesota limited liability company,the sole general partner of The Oaks on 20th of St.Joseph, LLLP,a Minnesota limited liability limited partnership,on behalf of the partnership.
`1 1b .C(i I 1 (Signature) (Name Printed)
\' $12 1 I `1} Notary Public, County,Minnesota
———— ��"% 2 ` My Commission expires
1 t
—— �' — t / F- , ` I Jeffrey R.Rausch do hereby certify that this plot was prepared by me or under my direct supervision;that I am a duly Licensed Land Surveyor in the State of Minnesota;that
1 C� I ..i_.,./
,v,)
this plot is a correct representation of the boundary survey;that all mathematical data and labels ore correctly designated on this plat;that ail monuments depicted on the plot
1`� (V "1 hove been,or will be correctly set within one year,that oN water boundaries and wet lands,as defined in Minnesota Statutes,Section 505.01. Subd.3,oe of the dote of this
J certificate are shown and labeled on the plat,and all public ways ore shown and labeled on the plat.
1-� 5 4 ,^ � y i .3 Dated this day of 20_—.
Lor AREAS ` e \T- �,/ i ,
NOCK 1 ———'—' r `ie BLOCK 1 g' ,
Lal 1.116731 SF SilJeffrey R.Rousch,Licensed Land Surveyor
/ w: l\, Minnesota License No.24329
6 Lot 2-117194 SF �g °_
b
'et -1 I. s8Yta1SW 355.09 _. ;�n
1"e �,� $S- STATE OF MINNESOTA
OUTLOT A'.21509 Si -�——Sst'W•
7,00 --•'J}-�.{ ct—--{f'50.00-- n i^ • COUNTY OF MEEKER
8^^ /i Tei Tm, 1 1 ti ] I This Instrument was acknowledged before me this day of 20 by Jeffrey R.Rausch.
^ I- w
j I • N Wendy S.Rausch
J � � t Cs I I, Notary Public,Meeker County,Minnesota
, I ' My commissioon expires January 31,2020
's— 181 I '_ I ,
CZ) 9 '
.� / 111vvv I 5:t e 1 —r i PLANNING COMMISSION CiTY OF ST.JOSEPH
1 O ,/O 1 _f �S - Approved by the Planning Commission of the City of St.Joseph,Minnesota,this day of 20
47
..••••
// a� 0 30 60 /t0 Chairman el LL1 ATTEST' Secretary
•
11 — i
..••••
...•''
\ (.)c3.- eco/e /n Tse/ CITY COUNCIL CRY OF ST.JOSEPH
/ I \, Approved by the City Council of St Joseph,Minnesota,this day of ,20
1 ! �ta13•w 250.09 - d ATTEST'
1 2 1 The orientation of the bearings*hewn an this survey Mayor City Administrator
I i 0rainags aid utl9y aasemnnt oro lowed,7 the2eN.,t Ain of the SWA1/4 of
! I /` f a baa g of Ntla�48 47"16 to seemed to
$ j < e Ft:" STEARNS COUNTY SURVEYOR
Ser10'13"e 349.55 �U
I hereby certify that this plot hos been examined and recommended for approval this day of 2Q__.
-. OUTLOT A 1 j '-J • Denotes iron monument found
ils? AN of OUTLOT A M Steams County Surveyor
'� IF dwMape and utility easement r 0 Denote.1/2 Koh by14 incA Iron pip.set Minnesota License No.
eit 88 marked by Liana No.24329.
�Eq Rs O'a 2s'
3 @, M .051e38.5.2.•,1."8,110$4
51MA T 8M t al I STEARNS COUNTY AUDROR/TREASURER
G a 9 oroboge and utility easements on Mown thus: I hereby certify that taxes on the land described hereon are paid for the year 20_and all years prior to the year 20_and transfer entered.
7 I ;
Dote Tax Parcel Number
i
LIBERTY POINTE_ t i I I
•^ I i I 5 Stearns County Auditor/Treasurer Deputy Auditor/Treasurer
2 )•,.i :it 5-14-
STEARNS COUNTY RECORDER
/ 1 $^ `v I L ——— Document Number
2ND ADDITION // Ir 18 I hereby certify that this instrument was filed for record in the office of the County Recorder in and for Stearns County,Minnesota on this day of
X Bainq 12 Ant b1 wk1M and od'M etnet right of 20_,at o'clock—M.as Document No. in Cabinet No.
UlJ7LOT C 1 �' soy nes and being 8 set In JOwtaarh9ond adjoining
lot lines unless otherwise Wooled on the piste
PELUNENSE of 11
LAND SURVEYING,INC ' awn SW /4 et 4 Stearns County Recorder Deputy Recorder •
HUTCHINSON MN T.tseotloi ii . �+, `
•
•
WARNING: LEGEND z 9/ SOIL BORING PARKING REQUIREMENTS-PER LOT(1.5 one bedroom unit+2.5 per two bedroom unit) 76 STALLS
THE CONTRACTOR SHALL BE RESPONSIBLE FOR CAWING FOR LOCATIONS OF ALL ® SANITARY SEWER MANHOLE SITE ADDRESS 21320TH STREET SE PARKING PROVIDED(per lot) 80 STALLS'
EXISTING UTILITIES. THEY SHALL COOPERATE MATH ALL UTILITY COMPANIES IN PROPERTY UNE ..•, ST JOSEPH,MN 56374 UNIT MIX-12ONE BEDROOM,23 TWO BEDROC
MAINTAINING THEIR SERVICE AND/OR RELOCATION OF LINES. 880 - EXISTING CONTOURS " SANITARY CLEANOUT °INCLUDES 2-HANDICAP STALLS PER LOT
-'900- PROPOSED CONTOURS • STORM SEWER MANHOLE PID 84.53431.0210
THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 EASEMENT UNE STORM SEWER CATCH BASIN ALLOWABLE DENSITY 3,000 sf Perone bedroom unit+3,5pp sf per two bedroom unit
AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND sv TOTAL PIAT AREA 263,434 SF 6.05 AC UNIT MIX-12 ONE BEDROOM,23 TWO BEDROOM
MARES,CABLES, CONDUITS,PIPES, MANHOLES, VALVES OR OTHER BURIED SETBACKS WATER GATE VALVE
STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE _ TWET--.; 'DELINEATED WETLAND EDGEi IDT1 117,1545E L69 AC REQUIRED AREA(EACH LOT) 116,5005E
THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. - - LOT 116,731 SF 2.68 AC PROVIDED AREA
CALL BEFORE YOU DIG - STORM SEWER EXISTING TREE LINE OUTIOTA 29,509 SF 0.66 AC LOT 117,194 SF
I GOPHER STATE ONE CALL SANITARY SEWERLOT2 ll6,7315F
TWIN CITY AREA: 651-454-0002 _ < I WATERMNN INLET PROTECTION EXISTING ZONING R-3 Muliple Family Residence District
TOLL FREE 1-800-252-1166 D -I II PROPOSED ZONING R-3 Mullple Family Residence District
< -x-x- FENCE � 44
II O -a oE- OVERHEAD POWER UNE x �Z� ROCK CONSTRUCTION ENTRANCE
J �<L�[� LOT DATA(R•3 ZONING REQUIREMENTS)
O O - .- -UE UE UNDERGROUND ELECTRIC LOT REQUIREMENTS
J W �w pia CULVERT ❑ ❑ SILT FENCE MINIMUM IDTAREA 12,0005E
�� MINIMUM WIDTH 150 FT ATSETBACK(80 FT AT RIGHT OF WAIL
J J -_ -••- -••-••- PRINCIPAL STRUCTURE SETBACK
N Cr
SETBACK REQUIREMENTS
PRINCIPAL ACCESSORY
FRONT-EAST 35' 35'
K� TH&sOM 20' 10' I'll
- G - - - __ - _.. ._. -_. -- ._ _. _. REAR•WEST 50' 30' _
SIDE-NOR
___ - 353-_ ___-___-_- __ - _-
/ -11 320 -- PEWNEN LAND CONDITION
I I TED
/I'_$ NOTES:
_ .. BOUNDARY AND
8812 CONCRETE x i EXISTING
EIOSTING CONDI110N INFORMATION PER SURVEY
PREPAREDNG INC. DA
o CURB AND N 9/30
sot sotcurTER(Tra) n 8.
2. ALL CONDITIONS SHALL BE VERIFED BY THE
CONTRACTOR.
\ n s / a . I 3. REFER TO ARCHITECTURALS PLANS FOR BUILDING AND No a B AND LOCATIONS OF EXITS, RAMPS,CONCRETE APRONS AND
�!. - . .o . .�� - _ . . STOOPS.
3'CLRB r--;-UT 4. ALL PAVEMENT STRIPING SHALL BE 4"WOE UNES,STRIPED
{ ,. � �/ /,;.' I USING HIGH VISIBILITY TRAFFIC AND HICFRYAY APPROVED WHILE
3'CURB CUT / I PAINT. PROVIDE APPROPRIATE STRIPING AND PAVEMENT
1 •
�� MARKINGS FOR ALL HANDICAP PARKING AND ACCESS AISLES.
� 5. DIMENSIONS TAKE PRECEDENCE OVER SCALE ALL DIMENSIOWS
\ill _ r i. / ARE TO BACK OF CURB. EDGE OF SIDEWALK OR EXTERIOR
6);. � 311 58.6' / I If BUILDING UNLESS OTHERWISE NOTED.
• _�8 I / I' 6. UNLESS OTHERWISE INDICATED ON THE PLAN.CONTRACTOR
(8) 8612 CONCRETE Vo G') - SHALL PROVIDE CONTROL JOINTS,CONSTRUCTION JOINTS,AND
m i/ o • • CURD AND EXPANSION JOINTS IN SLAB ON GRADE, SOEWALKS AND
GUTTER(TIP) T I CONCRETE DRIUEs. CXIWTROL JgNT MAXIMUM SPACR4G:wAucs
•
i o! } !� -8'o.c.,ALL OTHERS - 10 o.c. SAW cur CONTROL
� (9) (9) us" JOINTS MINIMUM ONE-QUARTER CONCRETE
l (9) (9) PAINTED HANDICAP1:' )3.
/ j'i I THICKNESS. EXPANSION JOINT MAXIMUM
Cu SYMBOL(TYP) • I PAINTED HANDICAP - ) /� -_- SPACING: WALKS-24' O.C.,ALL
r-,', lC�� - ADA PARKING SIGN, SYMBOL(TYP) OTTERS-40'O.C. DowEl AU.EXPANSION
��� �� 41 TIP(SEE DETAIL) I • ADA PARKING SIGN, 3'CURB CUT- JOINTS-MAXIMUM 24" O.C.
TYP(SEE DETAIL) 7. PEDESTRIAN RAMPS SHALL BE INSTALLED AT ALL LOCATIONS
" 3'CURB CUT I • 35-UNIT 12'X1�a WHERE SIDEWALK MEETS CURB.
35-UNIT I APARTMENT (4) CONCRETE P ' 8. WHEN DOING ANY WORK WITHIN THE PUBLIC RIGHT OF WAY,
/ .„.. .. (4) APARTMENT /�
THE CONTRACTOR SHALL COORDINATE THE REMOVAL LIMTR WITH
4 BUILDING I BUILDING 2 *• REFOR I
• m ;, THE cm.
atmm A : 1 AI f PED RAMP
.' PTD RAMP - /" 9. CONTRACTOR SHALL BE RESPONSIBLE FOR ENSURING THAT ALL
Q, 8'WIDE H.C.ACCESS AISLE •Q SIDEWALKS AND ACCESS ROUTES MEET ADA AND MNDOT
GUIDELINES FOR ACCESSIBILITY.
8'WIDE H.C.ACCESS AISLE l • (TYP)PAINTED'NO PARC LING'.
12'X16' o 10.CONTRACTOR SHALL VERIFY CONDUIT REQUIREMENTS FOR POWER
CONCRETE PAD �, (4) MP) PAINTED'NO PARK PL Y FlRE LANE" (4) o / AND IRRIGATION.
FIRE LANE' • I
FOR o ! SE 11.CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING WITH
p�Ugg •
FI > THE FIRE MARSHAL THE LOCATION OF FIRE LANE SIGNAGE AND
�� �
> _ "i D I CURB MARKINGS(F NEEDED).
D / r� I ' _ (9) (9) 12.ALL NEW ununES SHALL BE UNDERGROUND. COORDINATE
xi m (9) (9) `� 3'CURB CUT m I 13.SIDEWALKS SHLOCATIONS ALL CONSTRUCTUTILITY ED WITH A MAXIMUM CROSS
3'CURB CUT . - 1 ^
i� 18.0' _-- I•
SLOPE OF 2%. ANY SDEWALK EXCEEDING 2%CROSS SLOPE
�/N 30.0' 20.0' 20.0' 26.0' • /" MUST BE REMOVED AND REPLACED AT CONTRACTOR'S EXPENSE
, 26.0' 20.0' 20.0' 30.0' /D
•
8 I 8 SENEGAL___
8 I
4'WIDE WHITE PNM 25.0' •
STRIPE(TYP) �I `13'i �, 56.6' ('- n z 1. PRIOR TO STARTING CONSTRUCTION,THE CONTRACTOR SHALL
Jj VERIFY THAT AU.PERMITS AND APPROVALS HAVE BEEN
• I 4'WIDE warm PAINT '0 3.5. OBTAINED. NO CONSTRUCTION SHALL BEGIN UNTIL THE
L .., •_‘_.11. _ . .
STRIPE ow) 3'CURB CUT < < CONTRACTOR HAS REVIEWED ALL PLANS AND OTHER DOCUMENTS
APPROVED BY THE PERMITTING AUTHORITIES.1 . o o n - _ , 2. WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE PLANS
0 3��SID WIDE
EGJTCONCRETE N N ` foALK,TIPo AND SPECIFICATIONS AND THE REQUIREMENTS AND STANDARDS
8612 CONCRETE
S m B612 CONCRETE J _ Y N N CUBI �,, OF THE LOCAL GOVERNING AUTHORITY. THE SOILS REPORT AND
6'-1_,(1)\ CURB AND - WIDE CONCRETE 1 IC.....‹.....)-1...' GUTTER D RECOMMENDATION SET FORTH THERM ARE A PART OF THE
GU11ER ) t)
SIDEWALK,TYP (TYP)
REQUIRED CONSTRUCTION DOCUMENTS AND IN CASE OF
26.0' _ V ----- _-- -- - --- - -SITE MONUMENT _ - I - - - CONFLICT SWILL TAKE PRECEDENCE UNLESS SPECIFICALLY
P 66 330- `.;'� , � _ -". �� - - � ., 305 .180' _
g� fi NOTED OTHERWISE ON THE PLANS.THE CONTRACTOR SHALL
--- END CURB& 1� �,. �Qo, 0 NOTIFY THE ENGINEER OF ANY DISCREPANCY BETWEEN THE
i GUTTER AT I END GIPR-* -----_ SOILS REPORT AND PLANS.
IPROPERTY UNE o \ BITUMINOUS I .EDGE OF DC GUTTER AT
UNE
O 1 i ', 1 I _ --- -- MATCH EX
w 210TH A VENUES �;
p I,. � BITUMINOUS �' `�I eRuulNDIis
a5 ,L yI _ �V _ __- - -- - - _ _ f" SITE_BENCHMARK-'
--i nut-of-hydrant an east .
�' - L opt 9dra ode of 20i Avenue SES ?D GO
at South end of 20th Avenue SE.
� ElsJation a 1076.92 feet(NAVD88 Datum) GRAPHIC SCALE M FEET
THE OAKS ON 20TH SITE PLAN PROJECT NO:
•CMI Engineering•Land Planning hereby certifythat s plan,specification
NA CAMPIONor report has been prepared by me or
1800 Pioneer Creek Center• under my direct supervision and that
ENGINEERING P.O.Ie Boo24955359 I am a dulylicensed Pr anal Engineer 18-035
Phone: 763-479-5172 under ea ate of Minnesota. THE OAKS ON 20TH OF ST JOSEPH , LLLP
Na DATE DESCRIPTION SERVICES, INC. Few 763-479-4242 i l 10�08�2018
DATE:
REVISIONS E-Mark mcamplonOcampionsng.com Mart‘P. mpTon -Lid 901 Date: ST JOSEPH, M N SHEET N 0. 3 0 F 8 SHEETS 10/08/2018
THE OAKS ADDITION
DEVELOPER AGREEMENT
CITY OF ST. JOSEPH, MINNESOTA
THIS AGREEMENT, made and entered into this day of , 2018, by and between
The Oaks on 20th of St. Joseph, LLLP, a Minnesota Limited Liability Limited Partnership, hereinafter
called the "Developer", and the City of St. Joseph, a municipal corporation of the State of Minnesota,
hereinafter called the "City".
WITNESSETH:
WHEREAS, the Developer is the owner of certain Real Property as described in Exhibit A (herein after
called the "Property" or "Development" or "Development Property"), located within the City of
St. Joseph, Minnesota
WHEREAS, on November 5, 2018, the City approved the preliminary plat ("Preliminary Plat") to
facilitate development of the Property consisting of two multi-family lots and one outlot for stormwater
ponding(the "Project").
WHEREAS, on November 5, 2018, the City approved the final plat on the Property known as The Oaks
Addition (the "Plat"), which approval is contingent on the terms and conditions of this Agreement,
including the Developer and the City entering into this Agreement.
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 plat.
WHEREAS, the Developer acknowledges that Developer is responsible for all costs incurred by it or the
City in conjunction with the development of this Plat, including, but not limited to construction of
improvements, legal, planning, engineering and inspection expenses incurred in connection with approval
and acceptance of the Plat, the preparation of this Agreement, and all costs and expenses incurred by the
City in monitoring and inspecting development of the Plat and improvements therein, unless otherwise
provided herein.
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NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the Developer
and City agree as follows:
1.0 REQUEST FOR AND CONDITIONS OF PLAT APPROVAL
1.1 Request for Preliminary and Final Plat Approval. The Developer has asked the City to
grant approval of the preliminary and final plat entitled The Oaks Addition for the Project
to be constructed on the Property. Approval of the final plat does not constitute site plan
approval for the construction of buildings and facilities. Site plan approval is required prior
to construction of all structures to be located on the Property.
1.2 Conditions of Development Plan Approval and Plat Approval. The City, after requisite
notice and hearing, has granted final approval of the Plat subject to the terms and
conditions of this Agreement.
1.3 Scope of Agreement. This Agreement, and the terms and conditions hereof, apply only to
the Project. This Agreement does not obligate Developer to construct the Project, but
Developer must comply with the Agreement if it goes forward with the Project. If
Developer elects not to or is unable to go forward with the Project, or chooses not to
rebuild the Project after a fire or casualty, it may propose to the City a new project or
development for the Property, subject to the regulations then in effect for development
approvals, and the Agreement shall not apply in any manner to such new proposal.
2.0 PLAT
2.1 Recording. The Developer will record the Plat and this Agreement at the office of the
Stearns County Recorder at Developer's expense within ninety (90) days of final plat
approval, and will forward confirmation of the recording of the documents to the City. In
the event that technical or clerical revisions are needed in this document or if for any
reason the Stearns County Recorder deems this Agreement unrecordable, the Developer
will cooperate with the City in the execution or amendment of any revised Developer
Agreement. If, for any reason, the Plat is not recorded by the Stearns County Recorder's
Office, the Developer agrees to hold the City harmless for any costs incurred. It is
expressly understood that Developer will have no claim for breach of this Agreement in the
event the Plat is not recordable or revisions are required in the Plat. If the Plat is not
recorded prior to the assignment of assessments, the Developer shall be responsible for all
costs incurred in the dividing of assessments at a later date.
2.2 Monuments. The Developer will install Plat monuments within one year after recording the
Plat. No building permit will be issued for the lot in the Plat until the lot monuments have
been installed and certified by a registered land surveyor. Monuments will need to be
relocated and/or replaced if they become buried or removed during the
excavation/development of the property.
2.3 Permits. The Developer shall be responsible for obtaining all permits, approvals, licenses
or other documents from any and all necessary governmental agencies (including but not
limited to the City, Stearns County, the Pollution Control Agency, the Department of
2
Health, and the Department of Natural Resources) so as to enable the development of the
Property.
3.0 RIGHT TO PROCEED
The Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines,
water lines, streets, utilities, public or private improvements, or any buildings, until all the
following conditions have been satisfied: (1) this Agreement has been fully executed by both
parties and filed with the City Administrator; (2) the required security for performance of the
Developer's obligations have been received by the City; (3) the City has issued a letter that all
conditions of this Agreement 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.
4.0 R-3 MULTIPLE FAMILY RESIDENCE DISTRICT
4.1 Intent. The R-3 Multiple Family Residence District is intended to provide a district which
will allow higher density residential development.
4.2 R-3 Multiple Family Residence District Ordinance Applicable. The Development must
meet all requirements under the City of St. Joseph R-3 District Ordinance.
5.0 DEVELOPER-CONSTRUCTED PRIVATE IMPROVEMENTS
5.1 The Developer agrees to construct those private improvements itemized below (hereinafter
known as the "Private Improvements"):
(a) Site Grading;
(b) Water distribution system including fire hydrants, valves, and
appurtenances;
(c) Sanitary Sewer Collection System;
(d) Building Services (with regard to extension of municipal services);
(e) Concrete Curb & Gutter as it relates to ingress and egress streets and
parking lots;
(f) Paved parking lots, driveways and concrete aprons
(g) Private Utilities: All private utilities, including electric, telephone, cable and
natural gas must be installed within a common area;
(h) Erosion Control on Site;
3
(i) Storm Water Runoff Treatment and Control on-Site;
(j) Signs Designating Pedestrian Walkway, Traffic Directional, regulatory, and
warning signs in Designated Parking Areas;
(k) Paved surface access drive(s)
(1) Parking lot and access drive lighting
(m) Internal private sidewalks
(n) Permanent turf establishment.
(o) Mail boxes per the USPS guidelines.
6.0 DEVELOPER-CONSTRUCTED PUBLIC IMPROVEMENTS
6.1 The Developer agrees to construct those public improvements itemized below (hereinafter
known as the"Public Improvements"):
(a) Erosion Control associated with public improvement construction
(b) An eight (8) foot wide bituminous trail on the northerly boundary of the property
connecting to the existing trail to west in the Liberty Pointe Subdivision and to the
east property line at 20`x' Avenue SE shall be constructed in accordance with City
specifications and at the expense of the Developer at the time the development is
under construction meeting City specifications.
(c) Paved street repair meeting City specifications.
(d) Pavement markings and signs designating pedestrian walkway, traffic directional
and parking, regulatory, and street name signs.
6.2 Rights of Way. Developer shall dedicate to the City as platted right-of-way or perpetual
easement all rights-of-way necessary to install, operate, and maintain the Public
Improvements prior to being granted the right to proceed in accordance with
Paragraph 2.0.
6.3 Ownership of Improvements. The Public Improvements will become the property of the
City when they have been accepted by the City for maintenance.
7.0 PROJECT COMPOSITION, BUILDING,AND ARCHITECTURAL DESIGN.
4
7.1 Building Permit Approval and Code Compliance. Buildings permits are required prior to
the construction of the Project. A reduced building permit plan review fee of ten percent
(10%) of the building permit fee shall be payable to the City upon issuance of the building
permits. All buildings and accessory buildings shall be constructed in accordance with the
Minnesota State Building Code as adopted and modified by the City Code.
7.2 Building Elevations. The principal building elevations will not exceed three stories and 40
feet for the proposed multi-family structures as defined and measured in accordance with
the City Ordinance.
7.3 Building Exterior. The exterior of the buildings shall include at least one material from
each of the following groups:
(i) Face brick, natural stone, wood, textured precast concrete panels, textured
concrete block, stucco.
(ii) Prefinished decorative panes made of vinyl, steel or wood.
7.4 Waste Handling Screening. All waste and related handling equipment shall be stored and
kept in a four sided enclosure constructed of a brick, stone, decorative concrete or a
material compatible with the material of the principal structure.
7.5 Access to the Property. The Developer shall construct access to the Development.
7.6 Parking Standards. The Developer shall provide off-street parking spaces in compliance
with City Ordinance.
7.7 Fire Hydrant/Fire Access and Lock Box. Location of fire hydrants must be reviewed and
approved by the City. 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.
7.8 Landscaping. The Developer shall complete all landscaping before issuance of a
certificate of occupancy. A Landscape Plan must be provided for review and approval to
the City meeting the requirements of the City Code. The property owner shall replace any
dead trees, shrubs, ground covers and sodding.
7.9 Lighting. The Developer must provide lighting to illuminate off street parking and access
roads. Lighting shall be provided in accordance with the City Code.
7.10 Signage. Any signage shall be in compliance with the City Ordinance.
7.11 Utility Plan. The Developer shall provide the City Engineer with a detailed utility plan for
review and approval illustrating the services that are to be provided.
7.12 Storm Water. The Developer shall provide the City Engineer with detailed plans for
managing and treating storm water runoff and control on site for review and approval.
5
7.13 Site Plan Approval. Prior to construction, the Developer must obtain site plan approval
and submit to the City final site plan and construction plans for review. The Development
plans must be consistent with the approved plans and city ordinances.
8.0 PROJECT SPECIFIC REQUIREMENTS
8.1 Storm Water Facility Maintenance Agreement. Prior to issuance of a building permit, the
Developer shall enter into storm water facility maintenance agreement.
8.2 Storm Water Management. The Developer shall dedicate Outlot A to the City for storm
water management facilities. Prior to final acceptance and transfer of ownership of
permanent storm water management facilities to the City, the following must be
completed:
(a) Submittal of as-built drawing.
(b) Submittal of post-construction infiltration field-test, if applicable.
(c) Certification by a qualified engineer or hydrologist verifying the facility has
been constructed in accordance with the accepted design specifications.
(d) Final site inspection by City staff or City representative.
9.0 GENERAL TERMS AND CONDITIONS
9.1 Attorney Fees. The Developer agrees to pay the City reasonable attorney's fees, to be
fixed by the Court, in the event that suit or action is brought to enforce the terms of this
Agreement.
9.2 Proof of Title. The Developer hereby warrants and represents to the City, as inducement to
the City's entering into this Agreement, that the Developer's interest in the Development is
fee owner. Prior to execution of this Agreement, the Developer shall provide the City with
a title opinion prepared by a licensed attorney and directed to the City stating the condition
of title of the property, or other proof of title acceptable to the City in the form of a Title
Commitment issued by a Title Insurance Company.
9.3 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 all
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
6
deemed timely given or made when delivered personally or deposited in the United States
mail in accordance with the above. Addresses of the parties hereto are as follows:
If to the City at: City Administrator
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
If to the Developer at: The Oaks on 20th of St. Joseph, LLLP
17018 Commercial Park Road
Brainerd MN 56401
9.5 Incorporation of Documents by Reference. All general and special conditions, plans,
special provisions, proposals, specifications, and contracts for the improvements furnished
and let pursuant to this Agreement shall be and hereby are made a part of this Agreement
by reference as if fully set out herein in full.
9.6 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 Developer's development of the Property. The
Developer shall indemnify the City for all costs, damages, or expenses, including
engineering and attorney's fees, which the City may pay or incur in consequence of such
claims by third parties.
9.7 License to Enter Land. The Developer hereby grants the City, its agents, employees,
officers, and contractors a license to enter the Property solely to perform all work and/or
inspections deemed appropriate by the City during the development of the Property.
9.8 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 440. Private Wells will only be permitted for irrigation
purposes or outside aesthetics such as a fountain.
9.9 Certificate of Occupancy. The City will not issue certificates of occupancy for the
buildings until the buildings have been connected to sanitary sewer and water, and
complied with the grading, building and site plans.
7
9.10 Trails. A future trail meeting city specifications will be constructed along 20th Avenue SE
abutting the entire length of the Property. Construction of the trail will be at the expense of
the developer/owner and will be at the time road improvements are made to 20th Avenue
SE as determined by the City.
9.11 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 construction activities within the
development shall be repaired to the satisfaction of the City at the Developer's
expense.
9.12 Erosion Control. The Developer shall comply with all requirements of the "General Storm
Water Permit for Construction Activity" issued by the Minnesota Pollution Control
Agency and with all requirements of the Sauk River Watershed District permit, if
applicable, for construction activities and with the tasks on Exhibit B designated as
the Developer's responsibility. In addition, the City may impose additional erosion control
requirements if in the opinion of the City Engineer such requirements are necessary to
retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of
City utility systems. The Developer shall comply with the erosion control plans and with
any such additional instruction it receives from the City. All areas disturbed by the
excavation and backfilling operations shall be reseeded forthwith after the completion of
the work in that area. Seed shall include rye grass or other fast growing seed to provide a
temporary ground cover as rapidly as possible. All seeded areas shall be mulched and
disc-anchored as necessary for seed retention. The parties recognize that time is of the
essence in controlling erosion.
9.13 Site Grading.
(a) Site grading shall meet all of the requirements set forth in the City's Development
Manual, and in the General Storm Water Permit for construction.
(b) When the site grading has been completed:
1. The Developer shall verify by field survey that the site grading has been
completed in accordance with the accepted grading plan submitted with the plat
documents, as modified by the construction plans. The Developer shall submit
8
the record site grading plan to the City for approval within thirty (30) days of
completion of the construction and before the issuance of a building permit.
2. Elevations shall be taken on all lot corners, all buildings pads, and on drainage
breaks, ponding sites, ditches, and swales. Arrows shall show how the lot is to
drain.
(c) No permanent material stockpile of any sort will be permitted within the Property.
Temporary stockpiles shall be placed outside of the public right of ways and
easements, and shall be limited to suitable grading and construction materials
generated from within the Property and for use in the grading of the present
Project phase. Excess materials not reserved for the present phase of
development, as defined by the City accepted grading plan, shall be removed from
the site. Temporary stockpiles shall be limited to a maximum of twelve (12) feet
in height and for a duration not to exceed eighteen (18)months.
9.14 Certificate of Compliance. This Agreement shall remain in effect until such time as
Developer shall have fully performed all of its duties and obligations under this
Agreement. Upon the written request of the Developer and upon the adoption of a
resolution by the City Council finding that the Developer has fully complied with all the
terms of this Agreement and finding that the Developer has completed performance of all
the Developer's duties mandated by this Agreement, the City shall issue to the Developer
on behalf of the City an appropriate certificate of compliance. The Acceptance of the
Improvements contracted in accordance herewith by the City does not constitute a
certificate of compliance and does not release the Developer from ongoing duties or
responsibilities arising under this Agreement.
9.15 Ponds.
(a) Dedication of Pond Areas. The Developer will dedicate to the City public drainage
and utility easements for the property shown for storm water or sedimentation and
treatment pond purposes on the Preliminary Plat and/or as required by the Plans
and Specifications. Said dedication shall include an access drive to the pond site.
Developer will dedicate the drainage and storm sewer utility easements shown on
the Preliminary Plat and/or as required by the Plans and Specifications. The
Developer agrees that all treatment and sedimentation ponds and drainage
easements as shown on the Preliminary Plat or as required by the Plans and
Specifications are required for the development of the Development Property.
(b) Cleaning of Ponds. At such time as the City Director of Public Works determines
that construction on the Development Property has been sufficiently completed so
as not to cause significant erosion which will contaminate the holding ponds
servicing the Development Property, Developer will clean/dredge all holding ponds
and storm water pipes on the Property. In the event the ponds require
cleaning/dredging prior to the completion of all such construction, the City Director
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of Public Works may request that the Developer complete more than one cleaning
of the storm water ponds.
(c) Security Deposit. To insure that holding ponds serving the Development Property
are cleaned, and to insure that the Development is properly cleaned pursuant to
Section 5.1, the Developer will deposit with the City $5,000.00 (which shall be
placed in an interest bearing account with interest accruing to the benefit of the
Developer) or provide the City with an irrevocable letter of credit in form and
substance acceptable to the City. Said deposit will be refunded to Developer (or
the letter of credit released) upon satisfactory cleaning of holding ponds and streets
on the Development Property. The City Engineer may release portions of said
deposit as ponds and streets are cleaned. Developer is responsible for all permits
relating to cleaning and dredging of ponds, including permits required by the
Department of Natural Resources and the Army Corps of Engineers.
(d) Buffer Area Adjacent to Ponds. All ponds servicing the Development Property
whether such ponds are located on City owned property, easements running in
favor of the City or on private property must maintain a minimum of an 8 foot
natural buffer from the high water mark. Notwithstanding the above, one access to
each pond may be created by the City in a location determined by the City in its
sole discretion. Developer shall be responsible for the cost of signage around said
buffer areas indicating that the buffer is part of a wetland restoration project which
may not be distributed without the written permission of the City. Said signs shall
be posted in locations reasonably determined by the City.
9.16 Park Dedication/Trail.
(a) The Developer shall dedicate a trail easement to the City and shall record the trail
easement with Stearns County prior to the recording of the Final plat. Such trail
easement shall be located on the northerly boundary of the plat as reviewed and
accepted by the City.
(b) The Developer shall construct an eight (8) foot wide bituminous trail during
construction of the apartment building meeting city design standards and will
dedicate trail and improvements (grading, bituminous, seed establishment) to the
City. Prior to the issuance of a certificate of occupancy, the trail improvement shall
be reviewed and accepted by the City.
(c) The Developer shall receive park dedication credit of seven (7) units for the
dedication of land (trail easement). In addition, park dedication credit for the
construction of the trail will be given in the amount of twenty (20) units and based
on the construction cost as approved and accepted by the City Engineer.
(d) The Property is subject to the Park Dedication fee in accordance with City
Ordinance and the adopted fee schedule. The Park Dedication fee shall be due and
payable prior to the issuance of the building permits, less any credit from 9.16 (c)
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and in accordance with Exhibit C, at the rate which is in effect at that time of
building permit issuance.
9.17 Storm Development Fee. The Property is subject to the Storm Water Development fee
which is $0.20 per square foot of developable property. Developable property includes the
entire development area, excluding Outlot A, wetlands, and public street rights-of-way.
The Developer shall pay the Storm Development Fee prior in accordance with Exhibit C.
9.18 SAC/WAC and Trunk Charges.
(a) Sewer and Water Access Charges. The Development is subject to sewer access
charges (SAC) and water access charges (WAC) regardless of whether the
Developer or City install the improvements on the Property or any part of the
Development Property. The Developer acknowledges that sewer and water access
charges will be payable at then current rates at the time building permits are
requested/issued for construction on the Property. The WAC and SAC will be
calculated using the methodology identified in Ordinance 404 and in accordance
with Exhibit C.
(b) Trunk Charges. The Development is not subject to water and/or sewer trunk
charges.
9.19 Utility Location. The Developer agrees that all utilities within the Development will be
installed underground, including without limitations electrical, telephone, cable television,
and natural gas.
9.20 Reimbursement of City's Costs. The Developer shall reimburse the City for all costs,
including all reasonable engineering, legal,planning, and administrative expenses, incurred
by the City in connection with all matters relating to the negotiation, administration, and
enforcement of this Agreement and its performance by the Developer. The Developer
shall also reimburse the City for any add-to-construction costs related to the installation of
street lighting or private utilities within the Development and shall also be responsible for
the cost of acquiring and installing street signage consistent with that used in other recent
developments within the City. To ensure reimbursement of the City's costs,the Developer
shall deposit with the City $ 5,000. The City will provide the Developer with a detailed
statement each month illustrating any cost deducted from the escrow account. In the event
the escrow is not sufficient the City will invoice the Developer for the additional costs and
payment shall be made within 14 days of the date of mailing the City's notice of costs. If
such reimbursement is not made, the City may place a hold on all construction or other
work related to the Development, or refuses the issuance of building permits until all costs
are paid in full.
9.21 Platting. The Developer must include all of the Development Property in the final plat of
the Development.
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9.22 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 vehicle.
9.23 Assignment. This Agreement may not be assigned by the Developer except upon
obtaining the express written consent of the City, which shall not be unreasonably withheld
of delayed. Unless expressly released by the City, the Developer shall remain obligated to
fulfill the duties required under this Agreement.
9.24 Integration. This Agreement contains all of the understandings and agreements between
the parties. This Agreement may not be amended, changed, or modified without the
express, written consent of the parties hereto.
9.25 Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
9.26 Governed by Minnesota Law. This Agreement shall be interpreted under the laws of the
State of Minnesota.
9.27 Representation. JKA, Ltd. represents the City with regard to this Agreement. The
Developer is hereby advised to seek independent legal advice prior to execution of 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 Right to Cure. The City shall give the Developer written notice of any default under this
Agreement. The Developer shall have 30 days in which to cure the default (or in which to
commence good-faith efforts to cure if the default is one which cannot reasonably be cured
in 30 days).
10.3 Remedies. If an event of default is not cured by the Developer within the applicable cure
period, the City may do any, all, or any combination of the following:
(a) halt all further approvals regarding improvements or issuance of building permits
or occupancy permits relating to the Development Property;
(b) seek injunctive relief; and
(c) take any other action at law or in equity, which may be available to the City.
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Signed and executed by the parties hereto on this day of , 2018.
CITY OF ST. JOSEPH
By By
Judy Weyrens Rick Schulz
City Administrator Mayor
THE OAKS ON 20TH OF ST. JOSEPH, LLLP, DEVELOPER AND LANDOWNER
By: The Oaks on 20th of St. Joseph, LLC
General Partner
By Date:
Steven D. Kuepers, Chief Manager
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2018, by Rick Schultz and
Judy Weyrens, the Mayor and City Administrator, respectively, of the City of St. Joseph, a Minnesota
municipal corporation, on behalf of said City.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
13
STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
This instrument was acknowledged before me on , 2018, by Steven D. Kuepers,
the Chief Manager of The Oaks on 20th of St. Joseph LLC, the General Partner of The Oaks on 20th of St.
Joseph, LLLP, a Minnesota Limited Liability Limited Partnership, executed the above Agreement on
behalf of said limited liability limited partnership.
NOTARIAL STAMP OR SEAL
(OR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC
OR OTHER OFFICIAL
THIS DOCUMENT DRAFTED BY:
City of St.Joseph
75 Callaway St.E
St.Joseph,MN 56374
Telephone: (320)363-7201
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EXHIBIT A
LEGAL DESCRIPTION
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EXHIBIT B
EROSION CONTROL PROCESS
Task Responsible Party Action By
Prepare SWPPP and obtain General Storm-Water Developer(private)or City Developer's Engineer if private
Permit from MPCA. (public)project. project,City Engineer if public
project.
Establish erosion/sediment control and mass Developer(private)or City Contractor
grade the site. (public)project.
Place topsoil,seed,mulch except on boulevards Developer(private)or City Contractor
and front yard utility easements.Bring (public)project.
transformer pads to grade.Wait for private
utilities.
After curb and gutter is in,install private utilities Developer. Private Utility companies.
in easement area.
After utilities are in,construct sidewalk. Developer(private)or City Contractor
(public)project.
Place topsoil,seed,and mulch on remaining Developer(private)or City Contractor
disturbed areas. (public)project...
Complete"as-built"survey for all site grading. Developer(private)or City Developer's Engineer if private
This now becomes the"Development Plan" (public)project. project,City Engineer if public
_ project.
Place silt fence behind curb(or sidewalk) Developer(private)or City Contractor
throughout development. (public)project.
Set Property Irons. Developer Developer's Surveyor
Transfer permit to Developer when construction Developer(private)or City Developer's Engineer if private
is complete. (public)project project,or City Engineer if public
project
Sell lot. Issue MPCA homeowner fact sheet,and Developer Developer
make Development Plan and SWPPP available to
Builder.
Submit building permit application. Include site Owner Builder
survey and MPCA"Subdivision Registration".
Issue building permit. City Building Inspector
Construct 24' wide opening in silt fence at Owner Builder
driveway and place rock entrance.Place
additional silt fence as necessary to keep soil on
lot.
Maintain silt fence and other erosion/sediment Developer,or Owner if sold. Developer,or Builder if sold.
control items.
Sweep streets as required. Developer Developer,or City if agreement to
back charge Developer.
Submit certified lot survey showing final Builder Builder
structures and lot elevations.
Issue Certificate of Occupancy. City City
Submit"Notice of Termination"to MPCA within Developer Developer
30 days of final site stabilization and removal of
all non-builder silt fence and other
erosion/sediment control items.
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EXHIBIT C
DEVELOPMENT/PLAT FEES
Plat Fees
Park Dedication Fees—Ordinance 540 Multiple Family Requirements: 1,250 of land per unit to be dedicated or
cash in lieu of equal to$975.00 per unit. The Ordinance also provides for credit for trail easements and
construction of the trail.
Fee: 35 Units $ 68,250
Credits: Trail easement 8,873/1,250 $ ( 9,825) (credit of 7 Units)
Construction Cost 22,400/975 $ (22,400)estimated (credit of 23 units)
Total Park Dedication $ 39,000
Storm Water Development Fee—Ordinance 502.18: .20 per square foot of net developable property. 'Net
Developable Property' is defined as the gross land area minus the streets and other land areas dedicated to the
public."
SF Fee
Outlot A 29,509 SF Dedicated to the City
Trail Easement(Lot 2) 8,873 SF Dedicated to the City
Block 1, Lot 1 116,731 SF $ 23,346.20
Block 1, Lot 2 108,321 SF(117,194 SF-8,873 SF) $ 21,664.20
Note: The plat fees listed above will be paid at the time of building permit issuance as detailed below.
Fees per Apartment Building
Legal Description Lot 1 Block 1
Plat The Oaks Addition
Project 35 Unit Apartment Building
Building Permit Fee- The estimated building permit fee for a 3.3 M building is estimated to be:
• Building Permit Fee, Comm Val $ 19,800
• Surcharge,State Fee $ 1,650
• Plan Review Fee $ 1,980(reduced from 12,870, 10%of BP Fee)
• Water Meter, based on size
• Mechanical/Plumbing based on plans
• Dama Box $ 150.00
Water Access Fee—The current fee for water access is$5,000 per unit. The following assumes one of the
buildings is constructed first containing 35 units. (Credit for one unit provided for the prior connection).
35 units x$5,000 x .75=$ 131,250
Credit for 1 WAC 3,750
Total WAC $ 127,500
Note: The fees will be based on the current fee schedule at the time of issuance.
Sewer Access Fee—The current fee for water access is$2,300 per unit. The following assumes one of the
buildings is constructed first containing 36 units. (Credit for one unit provided for the prior connection).
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35 units x$ 2,300 x .75=$60,375.
Credit for 1 SAC $ 2,300
Total SAC $ 58,075
Note: The fees will be based on the current fee schedule at the time of issuance.
Sewer Trunk Charge- The City considers this fee satisfied and no Trunk Charge will be applied
Storm Water—The Storm Water Development$23,346.20
Park Dedication Fee-$ 27,300(credit applied for 7 units for land dedication of trail easement)
Legal Description Lot 2 Block 1
Plat The Oaks Addition
Project 35 Unit Apartment Building
Building Permit Fee- The estimated building permit fee for a 3.3 M building is estimated to be:
• Building Permit Fee,Comm Val $ 19,800
• Surcharge,State Fee $ 1,650
• Plan Review Fee $ 1,980(reduced from 12,870, 10%of BP Fee)
• Water Meter, based on size
• Mechanical/Plumbing based on plans
• Dama Box $ 150.00
Note: The fees will be based on the current fee schedule at the time of issuance.
Water Access Fee—The current fee for water access is$5,000 per unit. The following assumes one of the
buildings is constructed first containing 35 units. (Credit for one unit provided for the prior connection).
35 units x$ 5,000 x .75=$ 131,250
Note: The fees will be based on the current fee schedule at the time of issuance.
Sewer Access Fee—The current fee for water access is$ 2,300 per unit. The following assumes one of the
buildings is constructed first containing 36 units. (Credit for one unit provided for the prior connection).
35 units x$ 2,300 x .75=$ 60,375.
Note: The fees will be based on the current fee schedule at the time of issuance.
Sewer Trunk Charge- The City considers this fee satisfied and no Trunk Charge will be applied
Storm Water—The Storm Water Development$ 21,664.20
Park Dedication Fee—After the trail is constructed the balance of the park dedication fee shall be due and
payable. Based on the estimate approximately$ 11,700 is outstanding.
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