7.a)2) Lund Development Agreement . � .�.) �)
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 December,
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 RICHARD A. LiJND, a single person (the
"Applicant").
RECITALS
WHEREAS, a piece of land identified as 3.647 acres in size (the "Property") is currently located
within a 28.3-acre parcel of land (the `Bxisting Parcel") owned by Virginia R. Coller(the "Owner"), and is
located just north of the intersection of Lofton Avenue North and Scandia Trail North in the City;
WHEREAS, the Applicant previously submitted an application with the City for a lot line
adjustment in accordance with Chapter 3, Section 6 of the City Development Code,requesting the transfer of
the Property from the Owner into a 34.7-acre parcel owned by the Applicant;
WHEREAS, Washington County, Minnesota,the entity with jurisdiction over recording the lot line
adjustment, determined that the Property could not be transferred into the existing 34.7-acre parcel owned by
the Applicant, because the combined parcel would impermissibly be located in multiple ta�ng districts, due
to school district and watershed district boundary lines bisecting the combined parcel;
WHEREAS,the Applicant now proposes to create a new parcel of land encompassing the Property,
such that the parcel is a separate piece of property for taxing purposes;
WHEREAS, the Applicant currently utilizes a driveway easement across the Property and has
proposed the minor subdivision to acquire the Property and extinguish the easement;
WHEREAS,the Applicant proposes no new construction on the Properiy, and no additional public
infrastructure is required as a part of this transaction;
WHEREAS, the Property located in the Agriculture-Core (AG-C) zoning district and meets all
Development Code requirements regarding lot size, buildable area, public road frontage, setbacks, and
access,and additionally is consistent with the goals stated in the City's Comprehensive Plan;
WHEREAS, the legal description of the Property, as proposed to be created through the minor
subdivision process,is attached on Exhibit A and is fully incorporated into this Agreement;
WHEREAS, the Applicant's proposal was reviewed and approved by the City's Planning
Commission on December 3, 2013, following a duly noticed public hearing thereon, pursuant to Resolution
No. 12-3-13-01;
WHEREAS, by resolution, an executed copy of which is attached to this Agreement as Exhibit B,
the City Council of the City approved the Applicant's proposal on December 17,2013;
WHEREAS,Chapter 3,Section 6 of the City Development Code requires the Applicant'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 Ageement;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 Applicant shall be permitted to subdivide the Property from the
Existing Parcel, such that the Existing Parcel will subsequently consist of 24.648 acres,and the Property will
subsequently consist of 3.647 acres,which will be contiguous to the current property owned by the Applicant,
consisting of 34.7 acres,all as shown on that certain Certificate of Survey,prepared by Landmark Surveying,
Inc. for the Applicant, dated August 8, 2013, a copy of which is on file with the City (the "Survey"). The
minor subdivision shall be in substantial compliance with the Survey.
2. Ownership of Property. The Applicant shall assume ownership of the Property from the
Owner and shall record a deed evidencing the ownership within one year of the date of this Agreement.
3. Accessorv Structures. No accessory structures may be constructed on the Property prior
to the construction of a primary residential structure. All construction shall be in compliance with the
City's Development Code and all other state and local regulations.
4. Park Dedication. The $3,000.00 Park Dedication Fee required by the City Development
Code shall be paid upon the submission of an application for a building permit for the Property.
5. Pavment for Citv-Incurred Fees. The Applicant shall pay all costs incurred by the City in
connection with all aspects of the subdivision of the Property from the Existing Parcel, including the
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preparation and recording of this Agreement.
6. 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 shall be placed on record so as to give
notice hereof to subsequent purchasers. The cost of recording shall be borne by the Applicant.
(The remainder of this page is intentionally left blank.)
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IN WITNESS WHEREOF, the City and the Applicant 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 and political subdivision 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 Randall
Simonson 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 RICHARD A. LUND
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APPLICANT:
Richard A.Lund
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 Richard A. Lund, a single person, to me personally known, who
acknowiedged said instrument to be a free act and deed of said person.
Notary Public
SIGNATURE PAGE TO DEVELOPMENT AGREEMENT BETWEEN CITY OF SCANDIA,
MINNESOTA AND RICHARD A. LUND
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
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
All that part of the Northwest Quarter of the Southeast Quarter of Section 17, Township 32 North, Range
20 West, Washington County, Minnesota that lies east of the centerline of Lofton Avenue North (also
known as County State Aid Highway No. 1) and that lies south of Line `B". Line B is described as
follows:
Commencing at the northeast corner of said Northwest Quarter of the Southeast Quarter;thence South 02
degrees 09 minutes 34 seconds East, bearings are based on the Washington County Coordinate System,
NAD 83, 1986 Adjustment, along the east line of said Northwest Quarter of the Southeast Quarter, a
distance of 991.31 feet to the point of beginning of said Line"B";thence South 87 degrees 45 minutes 00
seconds West,a distance of 2.51 feet to a one half inch inside diameter iron pipe monument with a plastic
cap inscribed LS 12660; thence continuing South 87 degrees 45 minutes 00 seconds West, a distance of
457.53 feet to a one half inch inside diameter iron pipe monument with a plastic cap inscribed LS 12660;
thence continuing South 87 degrees 45 minutes 00 seconds West, a distance of 60.4 feet, more or less, to
its intersection with said centerline of Lofton Avenue North and said Line"B"there terminating.
This parcel contains 3.647 acres,more ar less,and is subject to the right of way of Lofton Avenue North.
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EXHIBIT B
CITY COUNCIL RESOLUTION
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