2014-12-10 First Amendment to Developer Agmt
CITY OF ALBERTVILLE
FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT
PRAIRIE RUN
THIS Amendment is intended to amend the terms of that Development Agreement
titled “Planned Unit Development Agreement Prairie Run” dated July 16, 2004 and
recorded as document number 940358 at the Wright County Recorder’s Office, Wright
County, Minnesota (“Developer’s Agreement”) by and between GOLD KEY
DEVELOPMENT, INC., a Minnesota Corporation, and the CITY OF ALBERTVILLE,
County of Wright, State of Minnesota, hereinafter referred to as “City.”
`
WHEREAS,
The City has acquired lots 3, 4, 5, 6, 8, 9, 10, 11, 12, and 13, Block 2,
Prairie Run, according to the plat on file at the Wright County Recorder’s Office, Wright
County, Minnesota (hereinafter referred to as the “Property”); and
WHEREAS,
the City has previously amended the Planned Unit Development
ordinance governing the Property in a manner that is inconsistent with the terms of the
Developer’s Agreement; and
WHEREAS
, the City now desires to sell the Property so that it can be developed
with single family homes in accordance with the requirements of the Planned Unit
Development ordinance; and
WHEREAS,
the City intends that the Developer’s Agreement, as amended herein,
remain applicable to the Property after the Property is sold by the City; and
NOW, THEREFORE, THE CITY OF ALBERTVILLE HEREBY AMENDS
THE DEVELOPER’S AGREEMENT AS FOLLOWS:
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1.Paragraph 1.B. is hereby amended to read as follows:
B. Setbacks may deviate from the R-1A zoning district as follows:
i.For Lots 3, 4, 5, 6, 8, 9, 10, 11, 12, and 13, Block 2, Prairie Run, the
following minimum building setbacks shall be observed:
Front Yard: Principal Structure 20 feet
Front Setback to Garage 25 feet
Side Yard: Interior Lot Line 5 feet on Garage Side
10 feet on Living Space Side
Rear Yard: From County Road 18 50 feet
From Wetland Boundary 10 feet
2.Paragraph 1.J. is added to read as follows:
J. The lowest floor elevation and lowest opening elevation of any building
constructed on Lots 8, 9, 10, 11, 12, and 13, Block 2, Prairie Run are to be
no lower than the following: 949 feet above sea level for the lowest floor
and 953.5 feet above sea level for the lowest opening.
3.Paragraph 1.K. is added to read as follows:
K. The lowest opening elevation of any building constructed on Lots 3, 4, 5
and 6, Block 2, Prairie Run shall be no lower than 953.5 feet above sea
level.
4.Paragraph 1.L. is added to read as follows:
L. A
ll lots shall be finished graded in accordance with the grading plan attached
hereto as Exhibit A.
5.Paragraph 1.M. is added to read as follows:
M. Lots 3, 4, 5, 6, 8, 9, 10, 11, 12 and 13 of Block 2, Prairie Run are hereby
released from the following provisions of the Developer’s Agreement:
1.D., 1.E., 1.I., 2, 3, 5, 6, 7, 8, 9, 10, 13.C., 13.F. 13.G, 13.I., 14.C., 15.A.,
15.B., 16, 17, 18, and 20.
2
6. Paragraph 1.N. is added to read as follows:
N. Uses shall be limited to permitted and accessory uses allowed in the City's
R -1, Residential Single family zoning District, provided, however, that the
following requirements are met:
i) No home constructed on any lot shall have a garage size smaller than
484 square feet in floor area.
ii) Twenty -five percent of the front exterior fagade of each home,
exclusive of doors and windows, shall be either brick or stone.
7. Paragraph 1.0. is added to read as follows:
O. Four pine trees shall be planted on each of lots 3, 4, 5 and 6, Block 2, by the
person or entity applying for a building permit for each such lot. The trees
shall be a minimum of 4 feet tall at the time of planting and shall be either
planted prior to the issuance of an occupancy permit or an acceptable
escrow and planting agreement shall be placed with the City prior to the
issuance of such occupancy permit.
8. Paragraph I.P. is added to read as follows:
P. Wetland delineation signs shall be installed per City ordinance
requirements on all lots which contain wetlands or abut lots containing
wetlands.
9. In the event of a conflict between the terms of the Developer's Agreement and this
Amendment, the terms of this Amendment shall govern.
CITY OF ALBERTVILLE,
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STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this I I day of
December, 2014, by Jillian Hendrickson, as Mayor of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City
Council.
Tina Louise Lannes
Notary Public
Minnesota
.••• °'� � Conanission Ezpira Je�waty 31, 2019
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
-y� c
Notary Public
The foregoing instrument was acknowledged before me this ) I day of
December, 2014, by Kimberly A. Olson, as Clerk of the City of Albertville, a Minnesota
municipal corporation, on behalf of the city and pursuant to the authority of the City
Council.
Tina Louise Lannes
Notary Publlo
Minnesota
1Y Cannpatan E011 *M 31, 2019
DRAFTED BY:
Couri & Ruppe, P.L.L.P.
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(763) 497 -1930
- / C;;"k) IN-ell Notary Public
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