2000-03-28 Ltr Re: draft of Dev Agrmt
iN. (' II
Michael C. Couri.
Andrew J. MacArthur
Marcus W. MiOer
"Also Iil:ensl'd in R/inois
COURl & MACARTHUR
Attorneys at Law
705 Central A venue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox.com
March 28, 2000
Northwest Associated Consultants
5775 Wayzata Boulevard
Suite 555
St. Louis Park, MN 55416
Attention: Deb Garross
Re: Albertville - Albertvillas Plat
Dear Deb:
Please fmd enclosed for your review a draft of a Developer's Agreement for the above-
referenced plat. I forward it to you per the request of Mike Couri.
We received new drawings on Februaty 28th. The drawings are not signed or dated.
Please forward any fmal copies of potential exhibits that you may have. Also, there are a
number of issues that remain unresolved or about which I have questions.
Park! Trail and Park Dedication Issues
1. In the City Council Findings and Decision dated 1-18-00 it indicates that
approximately 3.5 acres of land are to be dedicated as park. However, the drawings
that we received on Februaty 28th, 2000 that the park, located at the comer ofKahl
and Kaiser Avenues as being either 295,570 sq. ft or 289,240 sq. ft. depending at
which drawing you look. This nets out to a total actual parkland dedication of
approximately 6.6 to 6.8 acres.
2. The 1-18-00 fmdings indicate that the trial along the north side of 52nd Street and
running along the rear lot lines of Lots 1-10, Block 4 should be deleted. The most
recent drawings that we have received still show this trail.
3. The 1-18-00 fmdings indicate that an asphalt trail is to be constructed along the south
side ofCSAH 18 (the drawings misidentify this road as CSAH 13) instead ofa
sidewalk. The preliminaty plat drawings still show a sidewalk.
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4. Assuming that only 3.5 acres of parkland are credited (See item #1), I am still unable
to reconcile the park dedication numbers and acreages listed throughout the 1-18-00
findings. Also, acreage in Developer's drawings are not consistent with the fmdings.
5. The fmdings say that this area is 136.75. (Developer's drawings indicate 135.75
acres)
Document Review
According to the 1-18-00 fmdings, the Developer should submit the following for legal
reVIew:
1. Property Association maintenance agreement and covenants
2. Proof of Title
3. Deed restrictions for lots adjacent to NSP and Amoco pipelines
The fmdings also indicate that the Developer should submit the following:
1. Documentation from NSP and Amoco demonstrating that they have reviewed the
proposed plat.
2. Lot sales literature addressing NSP/ Amoco pipeline easements, 20 foot wetland
setback and park locations.
At this point what I think I need your help with is to reconcile the park dedication
numbers, get copies of any Exhibits you have, as well as any of the documents for legal
review that you may have. Also, I will be in touch with Pete on the letter of credit! surety
numbers.
Please call if you have questions or comments. I thank you for your kind attention to this
matter.
cus Miller
Couri & MacArthur