7.b)3) Bakken Development Agreement , r].b, 3�
RETURN TO:
Andrew J. Pratt, Esq.
ECKBERG, LAMMERS, BRIGGS,
WOLFF&VIERLING,P.L.L.P.
1809 Northwestern Avenue
Stillwater, Minnesota 55082
CITY OF SCANDIA
WASHINGTON COUNTY,MINNESOTA
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made this day of
, 2013 by and between the City of Scandia, a municipal corporation and
political subdivision organized under the laws of the State of Minnesota (the "City") and Scott and
Cheryl Bakken, a married couple(collectively,the"Developer").
RECITALS
WHEREAS, on July 12, 2013, the Developer submitted an application with the City for a
minor subdivision in accordance with Chapter 3, Section 6 of the City Development Code
requesting the subdivision of a 33.2-acre parcel and a 1.79-acre outlot into two separate residential
lots;
WHEREAS, the existing parcels are located at 11489 239th Street North in the City (the
"Property");
WHEREAS, the Property in its current state is legally described as follows: see Exhibit A,
attached hereto and incorporated fully into this Agreement;
WHEREAS, the Developer now desires to subdivide the Property into two residential lots
consisting of 24.89 acres and 10.1 acres, respectively, to comply with overall density requirements
of one unit per 10 acres,as described in the City Development Code;
WHEREAS, the obligations and responsibilities imposed on the Developer in this
Agreement relate to the 10.1-acre parcel of property, which after subdivision and platting will be
legally described as Lot 1, Block 1, Bakken Subdivision, Washington County, Minnesota;
WHEREAS, the minor subdivision application and Preliminary Plat were reviewed and
approved by the City's Planning Commission on August 6, 2013, following a duly noticed public
hearing thereon;
WHEREAS, by Resolution, an executed copy of which is attached to this Agreement as
Exhibit B, the City Council of the City approved the Developer's application for a minor
subdivision on August 20,2013;
WHEREAS, Chapter 3, Section 6 of the City Development Code requires the Developer's
execution of a Development Agreement as contemplated in Minnesota Statutes, Section 462.358,
Subdivision 2a,as amended,as a condition of final approval of a minor subdivision;
WHEREAS,the parties hereto desire to set forth the respective rights and obligations of the
parties to this Agreement;and
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions contained herein, it is agreed by the parties hereto as follows:
AGREEMENT
1. Minor Subdivision. The Developer shall be permitted to subdivide the Property into
two lots, consisting of 24.89 acres and 10.1 acres, respectively, as depicted in the Preliminary Plat
submitted to the City on July 13, 2013, as such document may be further amended upon request
from the City Engineer. The minor subdivision shall be in substantial compliance with the
Preliminary Plat.
2. Ownership of Propert� Upon recording of the Final Plat for the Property, the
Property shall continue to be owned by the Developer.
3. Accessory Structures on Lot 1, Block 1. No accessory structures may be
constructed on Lot 1, Block 1 prior to the construction of a primary residential structure.
4. Construction of Cul-de-Sac. The Property currently has access from 239th Street.
Notwithstanding Section 6.2(8)of the City Development Code,the Developer must construct a cul-
de-sac in accordance with the Final Plat providing access for Lot 1, Block 1 that meets all City
Development Code and engineering standards before a building permit will be considered by the
City for such lot. Additionally, as the proposed cul-de-sac will require grading and land alteration
over an area larger than 1,000 square feet, the Developer must obtain a grading and land alteration
permit from the City before commencing construction of the cul-de-sac.
2of8
5. Park Dedication Fee. The $3,000.00 park dedication fee required by the City
Development Code must be paid to the City before a building permit will be considered by the City
for Lot 1, Block l.
6. Escrow for Legal, En ing eering and Plannin� The Developer shall pay all costs
including engineering, planning and legal fees incurred by the City in connection with all aspects of
the subdivision of the Property, including the preparation and recording of this Agreement and
review and approval of the Preliminary and Final Plats. All engineering, planning and legal fees
incurred by the City in connection with the development shall be charged against the Developer's
escrow account, which shall remain in effect until the completion of the development. Any funds
remaining in the escrow account after the completion of the development shall be refunded to the
Developer as provided by state law.
7. Additional Developer Obli at�ons. The Developer shall also provide the
following information as to each lot or take the appropriate action as set forth below:
a. Label appropriate setbacks, dimensional requirements, and drainage and
utility easements on the Final Plat.
b. Identify all septic areas and alternate locations on the Final Plat.
c. Obtain all necessary permits from Washington County.
d. Obtain all necessary Watershed District Permits.
e. Apply for the appropriate building permits and pay the required fees as
established by the City prior to the initiation of construction of any
building permitted by this Agreement.
f. Provide the City with certification that there are no delinquent property
taxes, special assessments, interest or utility fees outstanding against the
Property.
g. Pay all outstanding escrow account balances prior to the recording of this
Agreement.
h. All construction work shall be completed within City-approved working
hours.
i. The Developer shall schedule a pre-construction meeting with City staff
prior to any mobilization of construction equipment or material, and shall
contact Gopher State One Call for review of the construction area prior to
the beginning of any excavation work.
3 of 8
j. Comply with all other requirements of the City Code of Ordinances, the
City Development Code, and the laws of the State of Minnesota.
8. Warrantv of Ownership. The Developer warrants and represents to the City that
the Developer is the fee owner of the land described herein and has the authority to execute this
Agreement and agrees to the conditions thereof.
9. Recordin�. Upon receiving approval of the Final Plat from the Washington
County Surveyor, the Final Plat shall be presented to the City for signature, at which time all
outstanding fees associated with this Agreement must be paid in full. The Final Plat shall be
recorded prior to August 20, 2014 or the City's approval shall become null and void in
accordance with its Development Code. The City will not consider a building permit for Lot 1,
Block 1 until the City has received evidence the Final Plat has been recorded.
10. Binding Effect• This Agreement shall be deemed to be a restrictive covenant and
the terms and provisions hereof shall run with the land described herein and shall be binding on
and inure to the benefit of the heirs, representatives, and assigns of all the parties hereto, and
shall be binding upon all future owners of all or any part of said land. This Agreement, at the
option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers.
The cost of said recording shall be borne by the Developer.
(The remainder of this page is intentionally left blank.)
4of8
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to
be duly executed on the day and year first above written.
CITY OF SCANDIA:
By: Randall Simonson
Its: Mayor
By: Kristina Handt
Its: City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2013, before me, a Notary Public, within and for said
County and State,personally appeared Randall Simonson and Kristina Handt of the City of Scandia,
a municipal corporation of the State of Minnesota, and that said instrument was signed on behalf of
said City of Scandia by authority of the City Council of the City of Scandia,and Sally Swanson and
Kristina Handt acknowledge said instrument to be the free act and deed of said City of Scandia.
Notary Public
SIGNATURE PAGE TO DEVELOPMENT AGREEMENT BETWEEN CITY OF
SCANDIA,MINNESOTA AND SCOTT AND CHERYL BAKKEN
5 of 8
DEVELOPER:
Scott Bakken
Cheryl Bakken
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2013, before me, a Notary Public, within and for
said County and State, personally appeared Scott Bakken and Cheryl Bakken, a married couple, to
me personally known,who acknowledged said instrument to be a free act and deed of said couple.
Notary Public
SIGNATURE PAGE TO DEVELOPMENT AGREEMENT BETWEEN CITY OF
SCANDIA,MINNESOTA AND SCOTT AND CHERYL BAKKEN
THIS INSTRUMENT DRAFTED BY:
Andrew J.Pratt
ECKBERG,LAMMERS,BRIGGS,
WOLFF &VIERLING, P.L.L.P.
1809 Northwestern Avenue
Stillwater, Minnesota 55082
(651)439-2878
6of8
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel One
That part of the Northwest Quarter of the Northwest Quarter of Section 5, Township 32, Range
20, Washington County, Minnesota, lying West of the plat of Shady Oaks, according to the
United States Government Survey thereof and situate in Washington County, Minnesota
Parcel Two
Outlot A of the Plat of Shady Oaks, Washington County, Minnesota, according to the recorded
plat thereof, and situate in Washington County, Minnesota
7of8
EXHIBIT B
CITY COUNCIL RESOLUTION
8of8