2014-06-13 Agreement to Restrict to Use of Subdivided LandJ d-&
Doc. No. A1240053
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
6/19/2013 at 11:22 AM
Check #: 2W9O Fee: $48.00
Payment Code 02
Add. Fee AC $2C1{#Zd1991
Barb Gabrelcik, County Recorder
AGREEMENT TO RESTRICT USE OF SUBDIVIDED LAND
WHEREAS, Guardian Angels of Elk River, Inc. ("Developer") owns
property in the City of Albertville ("City") described on the attached Exhibit A
("Property"); and
WHEREAS, Developer has proposed that the Property be developed as
a senior housing complex and will be requesting Tax Increment Financing
("TIF") assistance from the City; and
WHEREAS, Developer desires to split the Property into three lots so
that a TIF district can be established on one of the lots before the Property is
platted and so that a portion of the property can be conveyed to Evans Park,
Inc. ("Evans"); and
WHEREAS, Developer and Evans intend on platting the Property after
it is split into three lots prior to constructing any buildings on any portion of
the Property; and
WHEREAS, The City typically requires the utilities and roads to be
installed on property that is being subdivided; and
WHEREAS, Developer and Evans are requesting that the City approve
the proposed lot split and delay requiring the installation of utilities and
roads on the Property until such time as the Developer and Evans have
platted the Property; and
WHEREAS, Evans will benefit from the City granting Developer's and
Evan's request to approve the proposed lot split and delay requiring the
installation of utilities and roads on the Property; and
WHEREAS, upon proper application by the Developer, the City has
agreed to grant an administrative subdivision which will divide the Property
Return to:
City of Albertville
Po Box 9
Albertville MN 55301 1
into three lots, provided Developer and Evans agree not to construct any
buildings or other structures on any of the three lots until a City -approved
plat encompassing all three lots has been filed of record.
NOW, THEREFORE, the City, Developer and Evans agree as follows:
1. The City shall process the Developer's administrative subdivision
application. If the application meets the requirements of the City's
subdivision ordinance, the City shall approve the application and shall
require, as part of that approval, that the Developer and Evans may not
construct any buildings or other structures on any of the lots that are
part of the Property until a City -approved plat encompassing all three
lots has been filed of record.
2. Developer and Evans agree that in the event the administrative lot split
is approved, Developer and Evans shall not construct any buildings or
other structures on any of the lots that are part of the Property until a
City -approved plat encompassing all three lots has been filed of record
at the Wright County Recorder's Office.
3. Developer and Evans shall plat the entire Property (all three lots) in
the same plat, provided that Developer and Evans may plat portions of
the Property as outlots in the plat.
4. At such time as Developer and Evans plat the Property, the City may
treat the Property as if the lot split contemplated by this Agreement
had not occurred for purposes of applying the provisions of its
subdivision and zoning ordinance to the Property.
S. Evans agrees to be bound by the Agreement To Establish Escrows And
Pay City's Consulting Expenses ("Escrow Agreement") previously
executed by Developer and the City and dated May 30, 2013.
Developer agrees to remain bound by said Escrow Agreement.
6. This document shall be binding upon the successors, heirs and assigns
of the parties, and shall be recorded at the Wright County Recorder's
Office.
Dated: June 18, 2013
2
CITY OF ALBERTVILLE
*il'an Hendrickson, Mayor
Kimberl . Olson, City Clerk
GUARDIAN ANGELS OF ELK RIVER, INC.
EVANS PARK, INC.
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this -LE day of
. 2013 by Jillian Hendrickson and Kimberly A. Olson, the Mayor and
Clerk, respectively, of the City of Albertville.
Notary Public
3
Tina Louise Lannes
-_ Notary Public
Minnesota
Mt i,,masonExppir%jaauary31,2Di4
STATE OF MINNESOTA )
) ss.
COUNTY 01~ w ok�t' _ )
The foregoing instrument was acknowledged before me this day of
crr 2013 by bc,.,-eJ Na -en as the PvoA,+- c-o of
Guardian Angels of Elk River, Inc..
STATE OF MINNESOTA )
) ss.
COUNTY OF -Wy1/2A&t )
Notary Public
Tina Louise Lon"
{ Notary Public
Minnesota
Icy Commla w Expires JMnl�y 34, 2D14
The foregoing instrument was acknowledged before me this I e�— day of
2013 by Air+, eA b xca as the of
Park Evans, Inc..
THIS INSTRUMENT WAS DRAFTED BY:
Couri & Ruppe Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
763-497-1930
4
Notary Public
Tina Louise L.annes
Notary Public
Minnesota
tin s, 'r My cm"Sion Expires Y 3t, d
EXHIBIT A
All that part of the Fast Half of the Southeast Quarter of the Southwest CkmrW, and the southwest Quarter of
the Southeast Quarter, Section 2, Township 120, Range 24, Wright County, Minnesota, described as follows:
Commencing at the Southeast comer of said Southwest Quarter of the Southeast Quarter, thence N orth 00
degrees 06 m inutes 31 seconds Fast (swum ad bearing) along the East line of said Southwest Quarter of the
Southeast Quarter a distance of 379.85 feet to the aenteiffne of C.S.A.H. No. 18 (formerly Wright County
Highway No. 11 BY, thence N orftmsterty deflecting 62 degrees 37 m mutes 30 seconds Left along said centerline
for a distance of 303.78 feet to the actual point of beginning; thence Southw est datlacting 85 degrees 09 m inutes
Left a dlstarrce of 249.29 feet] thence Southeast deft lecting 94 degrees 51 m mutes Lefl a distance of 156.59 feet;
thence Northeast deflecting 85 degrees 09 m htries Left a dlsfance of 249.23 feet to the centerline of C.SA.H.
No.19 (formerly 1lftM County Hfgtlway No.118X thence Southeasterly elang sal# caentedine f or a distance of
16.58 feet to the most Northerly comer of Heuring Addition; ttance South 32 degrees 20 m inutes 01 seconds
West along the N orthwasterly the of said Heuring Addition and the Southw asteriy eactansion thereof for a
distance of 330.85 feet, more or less, to an Intersection w Rh the North fine of the South 5.00 acres of said
SculhwW Quarter of the Smitheaat Quarler; dVnce South 89 degrees 10 m Inuies 49 seconds West atom said
North line of tits South 5.00 acres of the Southwest Quarter of the Southeast Quarter for a distance of 1024.94
feet, more or less, to the West line of said Southwest Quarter of the Southeast Quarter; timoe South 00
degrees 07 minutes 50 seconds West along said West lire of said Southwest Quarter of the Southeast quarter
for a distance of 0.47 feet to an hWsecWn with tM North line of the ;youth 10 rods of the East Half of pie
9ouMNM Quarter of the Southwest (quarter; therue South 88 degrees 33 m Inutes 02 seconds W est along said
North line of the South 10 rods of the FW Half of the Southeast Quarter of the Southwest Quarter for a dMmw
of 343.95 feet" more or leas, to the centerline of County Ditch Number 9 as shown on the plat of ARmt Vilas;
thence Norttreastedy along said centerline of County Ditch Number 9 as shown on the plat of Albert Vfte to fhe
most Easterly comer of Albert Villas; theme South 62 degrees 65 m mutes 08 seconds Fast along the rentertlne
of Jason Avenue for a distance of 954.93 feet to the point of beginning.