2004-05-20 Drainage Issues County Ditch #9
~
SEH
May 20, 2004
RE: Albertville, Minnesota
Albert Villas 3rd Addition
SEH No. A-ALBEV 0109 14
Mike Thomas
Project Manager
Edina Development Corporation
700 Industry Avenue
Anoka, MN 55303
Dear Mike:
After inspection of drainage issues in the Albert Villas additions, County Ditch No.9 was inspected for
impacts from the project. There were many areas identified where the ditch has been partially filled and
blocked. It is our opinion this resulted from site grading for the project and lot grading for individual
homes. We are especially concerned at the following addresses:
10384 49th Street
10432 49th Street
10589 50th Court
4909 Kagan A venue
Proper grade must be restored in the ditch section abutting the project area.
The developer's agreement requires the developer repair damage to public property, including the storm
sewer system, when said damage occurs as a result of activity which takes place during the development
of the plat. This would include damage as the result of lot grading for individual homes. Therefore, we are
requesting you complete the required ditch correction within 30 days. Thank you for your cooperation.
'~ .
,
Peter 1. Carlson, PE
Albertville City Engineer
djg
Enclosure
c: Larry Kruse, Albertville City of Albertville (w/enclosure)
Mike Couri, City Attorney (w/enclosure)
Matt Davich, EG Rud (w/enclosure)
Jim Schulz, SEH (w/enclosure)
Russ Bly, SEH (w/enclosure)
u:lal.lbevlO 10900lcon\l-edina dev-052004.doc
Short Elliott Hendrickson Inc., 1200 25th Avenue South. P.O. Box 1717, St. Cloud, MN 56302-1717
SEH is an equal opportunity employer I www.sehinc.comI320.229.4300 I 800.572.0617 I 320.229.4301 fax
~
~~-1~-2004 03:57PM FROM Couri & MacArthur
13202294301 P.01
TO
COURl, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox.com
t
I
Michael C C6uri.
I
Andrew J. Ma.cArthur
Rohert T. Ru)pe..
David R.. Wen'rJoif
. A/!l> Deemed in nllnoi$ !
i
.. Also licensed in California
i
r
i
i FACSIMILE COVER PAGE
i
i
I
I
TO: 01}n 3d-H) I t-z.
!
OF: 5tH
i
FROM: miKe.. Louri
I
i
SUBJECT: i
i
FAX N1JMBER:
i
I
DATE: 5//9/0,-/
, ! '!
3)0- ;).d.Cf-Lf3DI
'I)IME: if: 00 AMI@
TOTAL P AdES (INCLUDING COVER SHEET) 'I
i
i
ADDITIONAL
COMMENT$:
i
! .
i ..
THIS FACSTh1ILE TRANSMISSION IS CONFIDENTIAL. IT MAY BE PRIVILEGED AND IS
INTENDED FOR THE USE OF THE ADDRESSEE ONLY. IF. YOU ARE NOT THE
ADDRESSEE!(OR A PERSON RESPONSffiLE FOR DELNERlNG THIS TRANS~SION TO
J ,
TEE ADDRESSEE) DO ~OT READ, COPY, OR USE TIllS TRANSMISSION IN ANY WAY,
BUT PROMPifL Y CONTACT THE SENDER BY TELEPHONE TO ARRANGE FOR THE
RETURN OF THE ORIGINAL DOCUMENT TO US.
i
i
I
i
I
I
I
05/19/04 WED 15:59 [TX/RX NO 8557]
~~-1~-~~~4 ~~:58PM FROM Couri & MacArthur
TO
13202294301 P.02
.~
i
I
10. Draina2"e Reauirements. Developer shall comply with all requirements set forth
for &tainage into any county ditch or other ditch through which water from Subject
Propdrty may drain, and shall make any necessary improvements or go through any
neces~ary proce~ures to ensure compliance with any federal, state, county or city
requitements, all at Developer's expense.
!
I
11. Maintain Public PropertY Darna!!ed or Cluttered During: Construction.
!
i
Developer agrees to assume full fmancial responsibility for any damage which may
occu~ to public property including but not limited to streets, street sub- base, base,
bitun:iinous surface, curb, utility system including but not limited to watennain,
sanitfy sewer or storm sewer when said damage occurs as a result of the activity
whic>>. takes pl,,:ce during the development of Said Plat. The Developer further
agreeS to pay an costs required to repair the streets, utility systems and other public
propepy damaged or cluttered with debris when occurring as a direct or indirect
resul~ of the construction that takes place in Said Plat.
i
,
,
Developer agrees to clean the streets on a daily basis if required by the City.
I ,
Developer furth~r agrees that any damage to public property occurring as a result
of cohstruction activity on Said Plat will be repaired immediately if deemed to be
an e~ergency by the City. Developer further agrees that any damage to public
prop~ as a result of construction activity on Said Plat will be repaired within 14
days if not deemed to be an emergency by the City.
IfDeyeloper fails to so clean the streets or repair or maintain said public
prope1ty, the City may undertake making or causing it to be cleaned up, repaired or
main~ned. When the City undertakes such activity, the Developer shall reimburse
the City for all of its expenses within thirty (30) days of its billing to the Developer.
If the ! Developer fails to pay said bill within thirty (30) days, then the City may
speci*lIy assess such costs against the lots within Said Plat and/or take necessaty
legal action to recover such costs and the Developer agrees that the City shall be
entitlbd to attorneys fees incurred by the City as a result of such legal action.
Deveioper lmowkgly and voluntarily waives all rights to appeal said special
assessments under Minnesota Statutes section 429.081.
I
12. Temnorary Easement Ri$ilits. Developer shall provide access to the Subject
Prop~rty at all reasonable times to the City or its representatives for purposes of
inspection or to accomplish any necessary work pursuant to this Agreement.
12
05/19/04 WED 15:59 [TX/RX NO 8557J
.
~~-19-2004 03:58PM FROM Couri & MacRrthur
13202294301 P.03
G.
H.
I.
TO
i
I
i
I .
1 Prior to the execution of this Agreement and prior to :he start. of a~y
i construction on the Subject Property, Developer shall proVIde the CIty WIth
Ii' evidence pf good and marketable title to all of Subject Property. Evidence of
, good and marketable title shall consist of a Title Insurance Policy or
" Comminri.ent from a national title insurance company, or an abstract of title
updated 1;>y an abstract company registered under the laws of the State of
i Minnesota.
i
i Develop~ shall comply with all water, ponding and wetland related
I restrictio1.)s, if any, required by the City of Albertville and/or any applicable
f provisions of State and Federal law.
i : .
i The Alb~e City Council reserves the right to allocate wastewater
i treatment capacity in a manner it finds to be in the best interests of the public
I . health~ safety and welfare. Developer acknowledges and agrees that the City
i is currently in the process of expanding its wastewater treatment plant
i capacity. i. Developer further acknowledges and agrees that delay in the
I availability of wastewater treatment plant capacity may occur for some lots
il located within Said Plat and that such delay in capacity availability may also
, delay the :issuance of building pennits for some lots within Said Plat.
I
,
!
I
Developer shall not place any structure at an elevation such that the lowest
grade opening is less than two feet above the highest known surface water
level or ~rdinary high water level or less than one foot above the 100-year
flood lev~l of any adjacent water body or wetland. If sufficient data on high
water levjels is not available, the elevation of the line of permanent aquatic
vegetation shall be used as the estimated high water elevation. When fill is
, required to meet this elevation, the :fill shall be allowed to stabilize and
! construction shall not begin until the property has been approved by the
I ,
I Building Inspector or a professional soils engineer.
I
I ,
VioI.dtion of Agreement.
I
14.
J.
A. Except as otheIWise provided in this Agreement, upon any default by
Develop~r, its successors Or assigns, of any of the covenants and agreements
herein contained, the City shall give Developer thirty (30) days mailed notice
I thereof (via certified mail), and if such default is not cured within said thirty
! (30) dayjperiod, the City is hereby granted the right and the privilege to
! declare aPy deficiencies governed by this Agreement due and payable to the
,
14
05/19/04 WED 15:59 [TX/RX NO 8557]
05-19-2004 03:59PM FROM Couri & MacArthur
TO
13202294301 P.04
City in full. The thirty (30) day notice period shall be deemed to run from the
date of deposit in the United States Mail. Upon failure to cure by Developer,
the City. may thence inunediately and without notice or consent of the
: Developer complete the Developer's obligations under this Agreement, and
i specially assess the costs thereof against the lots within Said Plat andlor bring
i legal action against the Developer to collect any sums due to the City
, pursuant to this Agreement, plus all costs and attorney's fees incurred in
I enforcing this agreement. Developer knowingly and voluntarily waives all
I statutory rights to appeal said special assessment under Minnesota Statutes
! section 429.081.
,
!
B. i Breach of any of the tenns of this Contract by the Developer shall be grounds
I for denial of building permits and/or revocation of the Conditional Use
I P .
1 enmt.
I
,
,
IS. Dedh~ations to the City,.
1 ~
i ,
A. l\funicipal Improvement Dedications: The Developer, upon presentation to the
City of evid~nce of good and marketable title to Subject Property, and upon
c4mpletion of all construction work and certification of completion by the City
E~gineer, shall make the following dedications to the City:
I '
! 1. D~veloper shall dedicate easements to the City over, under and across
I all trails and shall dedicate all parks within Said Plat, if any, to the City
in :fee simple absolute, in a form and with legal descriptions acceptable
to ;both the City Engineer and City Attorney.
B.
2. Developer shall dedicate easements to the City over, under and across
all drainage ponds located in Said Plat as the same are identified on the
attached Exhibit E.
3. Developer shall dedicate to the City all streets and utility easements
located within Said Plat
Park anti Trail Dedications: Developer acknowledges and agrees that in
order to. satisfy the City's park dedication requirements for Said Plat,
Developer must, at the City's option, (i) dedicate land for park purposes in
an amoul,lt equal to 10% of the gross acreage of Said Plat, or (ii) pay a cash
sum anlO;Unting to $1,500 per platted lot or (Hi) a combination thereof. The
Develop~r acknowledges that the City is requiring that the Developer
I
,
,
15
TOTAL P. 04
05/19/04 WED 15:59 [TX/RX NO 8557]