4. c bakken minor subdivision agreement (2018_03_30 20_43_20 UTC)Receipt:# 237103
3963349
DAG $4600
Return to:
II I VIII II
CITY OF SCANDIA
14727 209TH ST NO
SCANDIA MN 55073
Certified Filed and/or recorded on:
919/2013 9:22 AM
3963349
Office of the County Recorder
Washington County, Minnesota
Jennifer Wagenius, County Recorder
pe , 0132. W, 2i, oovL
res. 03 2 _ 20, ZZ, c;,o4
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 20th day of
August, 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 pennitted 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 Property. 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.
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5. Park Dedication Fee. The $3,000.00 Park Dedication Fee required by the City
Development Code shall be paid upon the earlier of 1.) the sale, conveyance or transfer of Lot 1,
Block 1, Bakken Subdivision by Developer to any subsequent purchaser or party, or 2.) the
submission of an application for a building pen -nit for Lot 1, Block 1, Bakken Subdivision.
6. Escrow for Legal, Engineering and Planning Fccs. 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 Obligations. The Developer shall also provide the
following inforination 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 pen -nits and pay the required fees as
established by the City prior to the initiation of construction of any
building pennitted 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.
The Developer shall schedule a pre -construction meeting with City staff
prior to any mobilization of construction equipment or material, and shall
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contact Gopher State One Call for review of the construction area prior to
the beginning of any excavation work.
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. Warranty 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. Recording. 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 Effbet. This Agreement shall be deemed to be a restrictive covenant and
the ten -ns 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.)
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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:
14 V, 7ri�'�&�`
� �-
By: Randall Simonson
Its: Mayor
Bv: Kristina Handt
Its: City Administrator
STATE OF MINNESOTA
) ss.
COUNTY OF WASHINGTON
On r this �O��ay of , 2013, before me, a Notary Public, within and for said
County and State, personally appeagA 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 Randall Simonson
and Kristina Handt acknowledge said instrument to be the free act and deed of said City of Scandia.
eBRENDA EKLLW
TARY PUBLIC - ti�80TA Notary Public
ommission Eoto Jan. 3t, 2Q16
SIGNATURE PAGE TO DEVELOPMENT AGREEMENT BETWEEN CITY OF
SCANDIA, MINNESOTA AND SCOTT AND CHERYL BAKKEN
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0� � L
Cheryl Elakken
STATE OF MINNESOTA )
ss.
COUNTY OF
On this Z!-1day of
sg%tr , 2013, before me, a Notary Public, within and for
said County and State, personally appiared 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.
ANN MARIE DAILEY
NOTARY PUBLIC • MINNESOTA Nota iEb I i
My COMMINI n Ekes 1/3112015
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
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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
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EXHIBIT B
CITY COUNCIL RESOLUTION
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CITY OF SCANDIA, MINNESOTA
CITY COUNCIL RESOLUTION NO. 8-20-13-02
APPROVING MINOR SUBDIVISION FOR 11489 — 239TH STREET NORTH
WHEREAS, Scott and Cheryl Bakken have made an application for a minor
subdivision for the parcel located at 11489-239" Street North, and
WHEREAS, the property is legally described as follows:
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; and
WHEREAS, the Planning Commission reviewed the request at a duly noticed Public
Hearing on August 6, 2013;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should
and hearby does approve the minor subdivision of the existing 33.2 -acre parcel and 1.79 -acre
outlot at 11489-233;" Street North into 2 parcels, including Lot 1 consisting of 10.1 acres and the
existing parcel consisting of approximately 25 acres.
FURTHER BE IT RESOLVED, that the following conditions of approval shall be met:
i . The minor subdivision shall be in substantial compliance with the Preliminary Plat
submitted to the City on August 9, 2013. The applicants shall submit the Final Plat to the
City for approval, provide copies of the deed(s) granting any required easements, and
provide a copy of the document showing that the Final Plat was recorded at Washington
County.
Resolution No.: 08-20-13-02
Page 2 of 2
2. The applicants shall revise the Preliminary Plat and provided additional plans as
requested to address the City Engineer's comments included in the letter dated July 25,
2013.
3. The applicants shall construct the cul de sac before the City will approve a building
permit for Lot 1.
4. The applicants shall pay the required park dedication fee before the City will issue a
building permit for Lot 1.
5. The applicants shall complete a Developer Agreement with the City for the proposed
subdivision and improvements.
6. The applicant shall obtain any required Watershed District Permits,
7. The applicant shall obtain a grading and land alteration permit from the City prior to
beginning construction of the cul de sac.
8. No accessory structures shall be constructed on Outlot A before construction of a primary
residential structure.
9. All construction work shall be completed within City -approved working hours.
10. The applicants shall schedule a Preconstruction Meeting with City staff prior to any
mobilization of construction equipment or material.
11. The applicants shall complete a Gopher State One Call prior to the start of any excavation
work.
12. Buildings or other structures developed on Lot 1 shall meet the setbacks, dimensional
requirements, and other standards included in the Development Code.
13. The Applicant shall pay all fees and escrows.
Adopted by the Scandia City Council this 20th day of August, 2013.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk