2003-04-24 Permited UsesEXHIBIT 7
PERMITTED USES FOR LOT 1, BLOCK 1
OUTLETS AT ALBERTVILLE SECOND ADDITION
The following uses shall be allowed on Lot 1, Block 1 of the Outlets at Albertville
Second Addition Plat:
1. Antique or gift shop.
2. Art and school supplies.
3. Auto accessory store.
4. Bakery goods and baking of goods for retail sales on the premises.
5. Bath and bedding sales.
6. Books, office supplies or stationary stores.
7. Camera and photographic materials.
8. Candy, ice cream, popcorn, nuts, frozen desserts and soft drinks.
9. Carpet, rugs and tile.
10. Coin and philatelic stores.
11. Computers and computer accessories sales and service.
12. Convenience store without gasoline sales.
13. Costume, clothes rental.
14. Delicatessen.
15. Department and discount stores.
16. Drug store.
17. Florist shop.
18. Furniture stores.
19. Furriers when conducted only for retail trade on premises.
20. Garden supply stores.
21. Gift or novelty store.
22. Hobby store.
23. Household appliance sales and repair.
24. Jewelry stores.
25. Kitchenware sales.
26. Leather goods and luggage stores.
27. Paint and wallpaper sales.
28. Record -music shops.
29. Restaurants and on and off -sale liquor.
30. Sewing machine sales and service.
31. Shoe stores.
32. Sports and exercise equipment sales.
33. Wearing apparel and clothing stores.
3
No overnight storage or display shall be allowed outside any building for any of the
uses listed on this exhibit.
Chelsea property group
April 24, 2003
Peter Carlson
City of Albertville
5975 Main Avenue
P.O. Box 9
Albertville, MN 55301
Re: Albertville Premium Outlets
Dear Pete:
Enclosed please find an originally executed Contractor Responsibility and Landowner
Statement Form and an originally executed Declaration of Restrictions and Covenants for
Replacement Wetland. We are submitting this to you in accordance with Minnesota
Statutes and Rules pursuant to the Wetland Conservation Act of 1991.
By copy of this letter, we are also providing copies of these documents to Todd Udvig,
City of Albertville Wetland Consultant.
Please do not hesitate to contact me should you have any questions.
Very truly yours,
CHELSEA PROPERTY GROUP, INC.
Danielle D. Cerza
Senior Manager
Acquisitions and Development
cc: Todd Udvig
Linda Goeb
Brent Krause
John Klein
Eric Helstrom
Bob Ufland
Neil Parker
Ross Abel
Laura Eklov
Chelsea.Property Group, inc. Tel 973-228-611 1
103 Eisenhower Parkway Fax 973-228-3891
Roseland, NJ 07068 V"AV,i.Cp9i.Co!-1
(Above Space is Reserved for Recording Information
DECLARATION OF RESTRICTIONS AND COVENANTS
FOR
REPLACEMENT WETLAND
This Declaration of Restrictions and Covenants for Replacement Wetland (Declaration) is
made this _ day of hph , �Oa3 by the undersigned Declarant:
RECITALS
A. The Declarant holds the fee title or perpetual easement on the real property described
as Area "A" and Area "B", attached hereto.
B. This real property is the site of a Replacement Wetland, as defined in Minnesota
Rules 8420.0110, subp. 40.
C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes
section 103G.222 and Minnesota Rules 8420.0530 or (2) a bank plan under Minnesota Rules
8420.0740,
D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Statutes section 103G.222 et seg., and all other provisions of law that apply to
wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the
Replacement Wetland, pursuant to Minnesota Rules 8420.0115.
FORM A — DECLARATION OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND
Page 1 of 4
E. The Local Government Unit (LGU) charged with approval of the Replacement or Banking
Plan is the City of AIbertville, whose address is 5975 Main Avenue; P.O. Box 9• Albertville MN
55301.
F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and
Rules currently in effect and as amended or renumbered in the future.
RESTRICTIONS AND COVENANTS
The Declarant makes the following declaration of restrictions and covenants for the
Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant,.
and Declarant's heirs, successors, and assigns:
I . The Declarant shall maintain a Replacement Wetland of the size and type specified in
the replacement plan or bank plan approved by the LGU and on file at the offices of the LGU.
Declarant shall- not make any use of the Replacement Wetland that would adversely affect the
functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as
specified in the replacement plan or bank plan.
2. Declarant shall pay the costs of maintenance, repairs; reconstruction, and replacement
of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board
of Water and Soil Resources may deem necessary to comply with the specifications for the
Replacement Wetland in the approved replacement plan or bank plan.
3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of
the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection,
monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands
described to the general public.
4. Declarant represents that he or she has a fee simple or easement interest in the land on
which, the Replacement Wetland is or will be located. Declarant represents that he or she has
obtained the consent of all other parties who may have an interest in the land on which the
Replacement Wetland is or will be located to the creation of the restrictions and covenants herein,
and that, all such parties have agreed in writing to subordinate their interests to these restrictions and
covenants, pursuant to the attached Consent and Subordination Agreement(s).
5. Declarant shall record or file this Declaration, pay all costs associated with recording
or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to
a replacement plan, such proof shall be provided to the LGU before proceeding with construction of
the Replacement Wetland.
FORM A — DECLARATION OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND
Page 2 of 4
6. These restrictions and covenants shall be unlimited in duration, without being re-
recorded.
7. If the replacement plan or bank plan approved by the LGU and on file at its offices
requires the establishment of areas of permanent vegetative cover, the term AReplacement Wetland=
as used in this Declaration shall also include the required areas of permanent vegetative cover, even
if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement
Wetland shall apply equally to the required areas of permanent vegetative cover. In addition, the
Declarant:
(a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart
2.D;
(b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas
specified in the replacement plan or bank plan for permanent vegetative cover, including any
necessary planting and replanting thereof, and other conservation practices, in accordance with the
replacement plan or bank plan;
(c) Shall not produce agricultural crops on the areas specified in the replacement plan or
bank plan;
(d) Shall not graze livestock on the areas specified in the replacement plan or bank plan;
(e) Shall not place any materials, substances, or other objects, nor erect or construct any type
of structure, temporary or permanent, on the areas specified in the replacement plan or bank plan,
except as provided in the replacement plan or bank plan;
(f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious
weed control laws and emergency control of pests necessary to protect the public health on the areas
specified in the replacement plan or bank plan; and
(g) Shall comply with any other requirements or restrictions specified in the replacement
plan or bank plan, including, but not limited to, haying, mowing, timber management or other
vegetative alterations that do not enhance or would degrade the ecological functions and values of
the replacement site or bank site.
8. This Declaration may be modified only by the joint written approval of the LGU and
the State of Minnesota through the Minnesota Board of Water and Soil Resources. Such
modification may include the release of land contained in the legal description above, if it is
determined that non -wetland areas have been encumbered by this Declaration, unless the approved
replacement plan or bank plan designates these non -wetland areas for establishment of permanent
vegetative cover.
FORM A — DECLARATIONS OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENTBANKING WETLAND (2000)
Page 3 of 4
l2003 15:56 7634415665 JOHN OLIVER & ASSOC PAGE 03
AZU "A" IM&OPOSED LEGAL DESCpjMON:
That pert of14A 1, Block 1, OUTLETS AT ALBERTVffLE SECOND ADDITION according
to the recorded plat thereof, Wright County, Minnesota, lying east and north of the fonow *
descnibed One:
Cornviencing at the northwest corner of said Lot 1; thence North 89 degrees 55 minutes
05 seconds East, assumed basis of bearings, along the North lime of said Lot 1, a distance
Of 755.W feat to the point of beginning of the line to be described; thence South 02
degrees 09 MWutes 21 seconds West a distance of 180.61 abet; thence South 16 degrees
04 n*utea 22 seconds West: a distance of 68.79 feat; thence North 89 degrees 55 minutes
05 seconds• East parand with the north One of said Lot 1 a distance of 81.40 feet; thence
South 1.4 degrees 15 minutes 09 seconds West a distance of 80 00 feet; thencer Notch 89
degrees 55 io inutes 05 seconds East parallel with the north line of said Lot 1 to the shore
line of School Lake and said line there terminating.
AREA " H" PROPOSED LEGAL DESCXtIMON:
That part of Lot 1, Block 1, OUTLETS AT ALBERTW—LE SECOND ADDITION according
to the recorded {plat thereo4 Wj*M county, Minnesota, hing east and south of the following
described line:
Commencing At the most southwesterly corner of said Lot 1; thence North 75 degrees 41
minutes 33 seconds East, assumed basis of bearings, along the South line of said Lot 1 a
distance of 79.3.9 feet; thence South 84 degrees, 15 minutes 26 seconds Fast along said
South line a distance of 59.53 feet; thence South 56 degrees 32 minutes 06 seconds East
along said South line a distance of 23788 feet; thence South 67 degrees 58 minutes 10
seconds liast along said South line a distance of IS.00 feet to the point of Beginning of
the line to be described; thence North 40 degrees 00 minutes 37 seconds East:a distance of
174.00 feet; thence South 49 degrees 59 minutes 23 seconds East to the shore line of
School Like and said line dare tenninanng.
9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of
Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable
attorney's fees from Declarant in any action to enforce this Declaration.
CPG PARTNERS, L.P.
By: Chelsea Property Gr, 11it General Partner
By:
R Klein, Senior Vice President - Real Estate
STATE OF NEW JERSEY }
ss.
COUNTY OF ESSEX }
This instrument was acknowledged before me on April k, 2003 by
John R. Klein, Senior Vice President - Real Estate of Chelsea Property Group, Inc., General Partner
of CPG Partners, L.P., the Declar named herein.
(Sign re of Notary ffic r
(Title) pWic, Sty' 1. 74v Jersey
My commission expires: *COMM nton Ext"`c' Oct. 19, 20
This instrument drafted by:
FORM A — DECLARATIONS OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND (2000)
Page 4 of 4
Mitigation Exhibit for: OUTLETS AT ALBERTVILLE SECOND ADDITION
_ .,, • ,.. Job•, .� . �10--i9 �oolr,/1?eae: —
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AREA "A" PROPOSED LEGAL DESCRIPTION:
r
That port of Lot 1, Block,]', OUTLETS AT ALBERTVILLE SECOND ADDITION according
t4 'th1 od irddd plat; thereofj! Wright. County, Minnesota, lying east and north of the following
}:
described line:
Comrdencing at: • the not-thst corner of ,sq d.tot' I;' thenca North '89' 'tleg�ges 55 minutes
05 seconds Ea,�t, assumed'' basis of �'beorfngs, atong the North •line, of etiid Lat t; o" distance
t
of 755.01 feet to the point of beginning. of the line to be described; thence South 02
degrees•:'09 rnirlutes, .21:-'seconds West, a die pnce .of •.180.61 feet; thence South 16 deggree$
04-�minutea! 22rsecon�is
`;
West a distance • of 68.79 feet; North degreg�• 155 rf'4lnutes
.thence •89"
:05--seconde'EdItt pgrallel . with the. north .brae of,'siii'tl• Lot . i d diefarlce bf 81.40 "feiet;' theence
Sorvtli I4 .�tegrgea 15 •miln4tep, 68. seconds West ;P, dletd d6 •of 80:.W' feet; thence' North' 89
FAX TRANSMITTAL
1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800,572.0617 320.229.4301 FAX
❑ FIELD OFFICE: DATE: �%
FROM: J e- ( rlJOi'L
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SUBJECT: ���/'Tt/Iil«
REMARKS:
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For your
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If transmission was not received properly, please contact the sender at the phone number above
WE REQUEST A RESPONSE FROM YOU BY:
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Short Elliott tiendrickson Inc. Your Trusted Resource Equal Opportunity Employer
EXHIBIT 0
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EXHIBIT P
Minnesota Pollution Control Agency
October 16, 2000
The Honorable John A. Olson
Mayor, City of Albertville
5975 Main Av NE, PO Box 9
Albertville, Minnesota 55301
Dear Mayor Olson:
Enclosed is Permit Number 23974 for the construction and operation of a sanitary sewer
extension system to be located in Albertville, Minnesota.
Please carefully review the permit, including any Special Conditions, General Conditions
(No. 1-20) and information relative to plans and the permit application. Please let us
know if you have any questions regarding these documents. If you do have questions, you
may contact me at the address listed below or contact me at (651)296-7762. If you like,
you may also use our toll free number, which is 1-800-657-3864.
Sincerely, ;
Donald K. Perwien, P.E., Staff Engineer
Regular Facilities Section
Metro District
DKP:jeh
Enclosures: Sewer Extension Permit
General Conditions
cc: City Council c/o Linda Goeb , City Administrator
Todd McLouth, John Oliver & Associates, Inc.
520 Lafayette Rd. N.; St, Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 292-5332 (TTY)
St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar; www.pca.state.mn.us
Equal Opportunity Employer • Printed on recycled paper containing at least 20 % fibers from paper recycled by consumers.
Minnesota Pollution Control Agency
ectober 16, 2000
The Honorable John A. Olson
Mayor, City of Albertville
5975 Main Av NE, PO Box 9
Albertville, Minnesota 55301
Dear Mayor Olson:
Enclosed is Permit Number 23974 for the construction and operation of a sanitary sewer
extension system to be located in Albertville, Minnesota.
Please carefully review the permit, including any Special Conditions, General Conditions
(No. 1-20) and information relative to plans and the permit application. Please let us
know if you have any questions regarding these documents. If you do have questions, you
may contact me at the address listed below or contact me at (651)296-7762. If you like,
you may also use our toll free number, which is 1-800-657-3864.
Sincerely,
Donald K. Perwien, P.E., Staff Engineer
Regular Facilities Section
Metro District
DKP:j eh
Enclosures: Sewer Extension Permit
General Conditions
cc: City Council c/o Linda Goeb , City Administrator
Todd McLouth, John Oliver & Associates, Inc.
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 292-5332 (TTY)
St. Paul - Brainerd - Detroit Lakes - Duluth - Mankato - Marshall - Rochester - Willmar; www.pca.state.mn.us
Equal Opportunity Employer • Printed on recycled paper containing at least 20% fibers from paper recycled by consumers.
Minnesota Pollution Control Agency
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PERMIT FOR THE CONSTRUCTION AND OPERATION OF
A DISPOSAL SYSTEM
CITY OF ALBERTVILLE
Wright County
Pursuant to authorization by the Minnesota Pollution Control Agency (MPCA), and in
accordance with the provisions of Minn. Stat. chs. 115 and 116, plans are approved and a
permit is hereby granted to the above -referenced Permittee for the construction and
operation of a sanitary sewer extension in Albertville, Minnesota.
The facilities will consist of 227 linear feet of 8-inch sanitary sewer pipe.
The facilities are further described in MPCA approved standard specifications and plans
designated as:
"Outlets at Albertville — Building "C"" received September 7, 2000, prepared by John
Oliver & Associates, Inc. for the city of Albertville.
It is the Permittee's responsibility to assure compliance with any special conditions and the
general conditions that are required by this permit. This includes taking all necessary
measures needed to comply, including, but not limited to, the notification of contractors or
others who may be carrying out this work.
PERMIT NUMBER: 23974
DATED:
October 16, 2000
Michael J. Tibbe
Program Manag
Regular Facilities Section
Metro District
520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 292-5332 (TTY)
St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar; www.pca.state.mn.us
Equal Opportunity Employer • Printed on recycled paper containing at least 20 % fibers from paper recycled by consumers.
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WRIGHT COUNTY WAYNE A. FINGALSON, P.E.
highway Engineer
DEPARTMENT OF HIGHWAYS (763) 682-7388
VIRGIL G. HAWIQNS, P.E.
Wright County Public Works Building Assistant highway Engineer
1901 Highway 25 North (763) 682-7387
Buffalo? j`alo, Minnesota 55313 RICHARD E. MARQUETTE
Right of way Agent
Jct. T.H. 25 and C.R. 138 R(763) 682-7386
Telephone: (763) 682-7383
FAX: (763) 682-7313
September 5, 2000
Mr. Todd McLouth
John Oliver & Associates, Inc.
580 Dodge Avenue
Elk River, MN 55330
RE: Proposed Outlet Mall Phase II Development - Access to CSAH 19
Dear Mr. McLouth: Y our company, dated 8/21/00.
This letter is to confirm that we have reviewed the preliminary plans prepared b your
internal to the site should be
We have reviewed the plans with regard to access to CSAH 19 only. Imp
d approved by the City of Albertville's engineer for conformance to City standards. We offer the
reviewed anpP
following comments:
1) An access permit will be required for the proposed new access onto CSAH 19' ed with the City's
be
2) The geometric design for the working
to
theexisting
at traffic conaccess trol signal
iggncal at the access road and
engineer (S.E.H., Inc.) who is g
CSAH 19.
3)
The existing raised concrete median on CSAH 19 willhe required
new access onto CSAH 9.
approximately 70 to 75 feet to prevent left turns m shown on the Plan, will be installed
4) Signing for the proposed new access, in addition to the internal signing
Count and be reimbursed by the developer. The proposed new access will function as an "exit
by the Y CSAH 19.
only" with the following signing: each
a) "Do Not Enter" 19 or ,One
-placedgwill be placed on he raised concrete median, facing
b) "No Left Turn or Y
the new access.
c) "No U-Turn" sign will be placed at the end of the extended raised concrete media 63-682-
The access permit should submitted to Richard Marquette of our office for processing. Please call me at 7
7387 if you have any questions or require further information.
Sincerely,
Virgil G. Hawkins, P.E.
Assistant County Engineer
cc: Wayne Fingalson, County Engineer
Bill Cordell, Senior Traffic Technician
Richard Marquette, Engineering Assistant
Linda Goeb, City of Albertville
Pete Carlson, SEH (St. Cloud)
Robert J. Morse, J.M.J. Properties, Inc.
File
Equal Opportunity / Affirmative Action Employer
1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717
TO: Linda Goeb
City Administrator
Albertville, Minnesota
FROM: Peter J. Carlson, P.E.
City Engineer
DATE: September 5, 2000
RE: Site Plan Review
Outlets at Albertville, Phase 2
Albertville, Minnesota
SEH No. A-ALBEV 0104.00 14
MEMORANDUM
320.229.4300 800.572.0617 320.229.4301 FAX
I have reviewed the above referenced site plan and have the following comments:
Sheet C-2
1. A right turn lane should be added to the entrance road for the proposed parking lot. The
entrance into the parking lot should be moved approximately 130 feet west. This will allow
for additional stacking room in the right turn lane.
2. The width of the entrance road should be designed to allow for 4-lanes of traffic including
the right turn lane. The recommended lane widths are 2-15 foot lanes and 2-12 foot. lanes.
3. Concrete curb and gutter should be added to the south edge of the pavement at the westerly
entrance into the proposed parking lot. This curb will protect the grass area from traffic
entering the parking lot.
Sheet C-3
1. A hydrant shall be added along the existing north -south driveway that is adjacent to the
proposed parking lot.
2. Bollards shall be installed around the hydrants that are shown in the proposed parking lot.
3. The fire department requires a hydrant to be located near the building standpipe. If the
standpipe is located in the rear of the building, a hydrant will need to be located in the rear of
the building.
EXHIBIT B
Short Elliott Hendrickson Inc. • Offices located throughout the Upper Midwest Equal Opportunity Employer
We help you plan, design, and achieve
Site Plan Review
September 5, 2000
Page 2
Sheet C-4
1. "Do Not Enter" signs shall be added to the northern access road at CSAH 19.
2. "No Parking, Firelane" signs shall be added along the front of the building.
3. Yellow striping is required around the hydrants in the proposed parking lot.
4. The curb along the front of the building shall be painted yellow.
5. "No Parking Anytime" signs shall be added to the southside of the entrance road.
The fire department has several outstanding issues that need to be addressed. These issues have
previously been sent to the Developer and to the Building Manager. These issues need to be
resolved as part of the second phase plan approval.
One item regarding the first phase that has come to my attention is the location of the standpipe
in the southwest corner of the westerly building. The standpipe has been moved further north,
thereby increasing the distance from a hydrant to the standpipe. Because of this change, a
hydrant should be added in the southwest corner of the westerly building.
Please call me if you have any questions.
cb
c: Mike Couri, City Attorney
Deb Garross, City Planner
Todd McLouth, John Oliver & Associates
AsehscI\9ccV\9xA0I04 SO500-m.doc