2003-04-24 Contractor Responsibility and Landowner Statement
1
Apri124, 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
Ch~!SeaPrCpery Grc~_io, inC. Tei 3-2~
~. '~3-o i
1 C3 EiseRhov~er °arkwlaY ~ ~ ~: E~73 228-~8~3'
Rosoland, NJ C706t3 ~. _c, C
(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 ~li ~ , ~Go3 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
$420.0740,
D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Statutes section 103 G.222 et sea •, 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 REPLACEMENTBANKING WETLAND
Page I of 4
E. The Local Government Unit (LGU) charged with approval of the Replacement or Banking
Plan is the City of Albertville, 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:
1. 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 REPLACEMENTBANKING 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 WetlancL
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 j oint 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
9. This Declaratian 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 p, I .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 (~, 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) 1~gblic, Sig ~~- 3zrsey
~. ~~,. .
My corrLYnission expires: >~tOo®nr4sion Eel>''zJ ~)cc. t9, aa.~.
This instrument drafted by:
FORM A -DECLARATIONS OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND (2000)
Page 4 of 4
4!2003 15:56 7634415665 JOHN SLIVER & ASSOC PAGE 03
. "A" fP'1[tOPOSED LEGAL DE9C~TPT~ON:
That part ofLut I, Block 1, OUTLETS AT ALBERTVILLE SECOND A.UDTTION according
to the recorde4' plat thereof Wright County, Minnesota, lying east and north of the follovwirt~
descn~ed line:
Conun~ncing at the northwest corner ofsaid Lot 1; thence North 89 degreesSS minutes
05 seconds East, assumed bads of bearings, along the North line of said Lot I, a distance
of ?55. ()1 feet to the paint of beginning of the line to be descnbed; thence South 02
degrees 09 auntxtes 21 seconds West a distance of 180.6 ~ feet; thence South 16 degrees
04 mutates 22 seconds West a distance of 68.79 feet; thence North 89 degrees S5 mutates
05 secn~:rds~ East parallel with the north line of said Lot I a distance of 81.40 feet; thence
South 1~~ degrees l5 minutes OS seconds West a distance of 80.00 feet; thence North 89
degrees 55 minutes 05 socands East parallel with the north line of said Lot 1 to the shore
line of School Lake and said line there terminating.
AatEA " H" P~OPOSEn LEGAL DESCRIpT'ION:
That part of Lot 1, Block I, OI-rTLETS AT ALBERTV]<LLE SI~CCEND ADATTIgN accordir~
to the recorded E?lot thereof Wright County, Miruaesota, dying east and south of the. following
described line:
Commencing at the iarost soutbtwesterly corner of said Lot 1; thence North 75 degrees 4I
minutes :~3 seconds East, assumed basis of bearings, along the South line of said Lot I a
distance ~~f 78.3.9 feet; thence South 84 degrees. l5 minutes 26 seconds East along said
South line a distance of S9,53 Feet; thence South 56 degrees 3Z minutes 06 seconds East
along sai~3 South lice a distance of Z37~,88 feet; thence South 67 degrees 58 mirtt~tes 10
seconds East along said South lime a distance of 15,00 feet to the Point of,Beginning of
the line tt~ be described; thence Noah 40 degrees 00 minutes 37 seconds East a distance of
I7~.OO feet; thence South 49 degrees 59 minutes 23 seconds East to the shore line of
School ~dce and said line there terminating,
Mitigation Exhibit far: OUTLETS AT ALBERTVILLE SECOND ~1DDI?~ON
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.` AREA "A" PROPO5EC- LEGAL.° DESCRIPTION: ~ '
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That ,part of Lot I, 131ock f, OUTLETS AT ALBERTVILLE SECOND ADDITION according ;~
;` tc 'th~i.• ret:ortled riot; thereofi~ Wright. County, Minnesota, lying east and north of the following
described line: :;:;
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' Commencing ai:•th® nocthw.est corner of„so•itl,~Lof I; thence •Narlai "89 tlegr~es 55 minutes u;
• ~ ~ i?5•seconds Ea»t, assumed basis of• bearings, oiong th0 bor'tti `line of ~tiid Lot t;~'t5 distance .t
of 755.0( feet to the point of beginning of the line to be described; thence South 02 i''
degrees.~~09 ~rnir-utes• <~i,~'~seconds West., a distance of ;IB0.61 feet; thence South If degrees ~~
' C4 `~ri'iFi's3te~ : <~r~.~ecdn•a~ ~Vegt a distance . Qf 6$.79 ~det; „thence North ,89• degr~e~~~ •55 rtlinutes
'05'. ~ seconds . EiS~~ parolief • with the ,north .line •01~, scitl, Lot , l c di~;fdrrce bf Bi.4a "ft~et; `thence '
• ~: •Sor~'th • i4 ,•degr~es 15 -minutes, O8. seconds West • a distdr5ce , of~ 60~.i~'b feet; •thence Nortn~ 89
• d+~gree's:' 95 ',m,inutes 05• seconds Egst .parallel 'with •the •nbrfh' Ifne of said Lq~ !' ffl~ 't'he '•~htire '_
• lirae"vf :`5chovf kake:: and .sold line there ~ ter,'minating. '~ ~ '
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