2017-08-22 Karston Cove 4th Sidewalk Default Letter■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Centra North, LLC
Mr. Dale Wills
11460 Robinson Dr. NW
Minneapolis, MN 55433
A.
X
B. Received by (Printed Name) I Caate vel-
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) ?012 0 4 7 0 0001 4495 1663
^� 97nrm 3811, February 2004 Domestic Return Receipt 102595-02-M-1 540
UNITED STATES.,P%T4iM '# 11S, First -Class Mail
jai rt Postage & Fees Paid
USPS
Permit No. G-10
0 z c.
• Sender: Please print your name, address, and ZIP+4 in this box •
City of Albertville
Attn: City Clerk
5959 Main Avenue NE, PO Box 9
Albertville, MN 55301
r�lrr�r�r�rl�r(r��lrrrr�rr+r+�rrrr,r,rr�lrll��rrlr�rl+i►r�r��lll�
Postage
I $ v
Certified Fee
3J
Return Receipt Fee
M (Endorsement Required)
�
L , 7 S
Postmark
Here
Restricted Delivery Fee
0 (Endorsement Required)
i
—�
Total Postage & Fees
O
$
ru
Senf To f
p
-------------------------------------- ---`�
Street, Apt. No.; ------------
or PO Box No. �- e
City. State, ZIP+4
jY/f
T11 VoErty l lc 5959 Main Avenue NE • P. O. Box 9 • Albertville, MN 55301 •763-497-3384 • Fax 763-497-3210
9 9 4
August 22, 2017
Centra North, LLC
Mr. Dale Wills
11460 Robinson Dr. NW
Minneapolis, MN 55433
Dear Mr. Wills:
This letter will serve as notice to Centra North, LLC ("Developer") that it is in
default under paragraph 12.A. of the Karston Cove 4th Addition Planned Unit
Development Agreement ("Developer's Agreement") for not installing the sidewalk
along the south side of 64th Street as required by paragraph 3 of the Developer's
Agreement. That paragraph requires the Developer to install the sidewalk by June 30,
2017. That date could have been extended one year if the Developer submitted an
application for preliminary plat approval by June 30, 2017.
On June 22, 2017, the Developer submitted a Development Application with an
"X" by the words "Preliminary Plat". However, nothing else was submitted with the
Development Application.
Title 11, Chapter 4, Section 2 of the Albertville City Code reads as follows:
11-4-2: PRELIMINARY PLAT:
A. Filing:
1. The applicant, or his surveyor or his planner or another designated agent, shall
prepare and file a plat which is in conformity with the requirements of this title.
The applicant must demonstrate to the city ownership of the land in question or
show the legal and written power to file a preliminary plat application for the
land in question.
2. The applicant also shall complete an "Application For Consideration Of
Planning Request", and/or such other application form as may be required, and
shall submit any additional information, plans or studies as are required by this
title, and shall furnish the city administrator with ten (10) copies of the plat and
one reduced copy of the plat no larger than eleven inches by seventeen inches
(11" x 17").
3. The applicant shall submit a list of property owners located within three
hundred fifty feet (350') of the subject property. The records of the county
recorder shall be deemed sufficient for determining the location and ownership
of all such properties.
4. The applicant shall submit any necessary applications and information for
variances from the provisions of this title, as set out in section 11-2-6 of this title.
Such a request may be heard during the review of the proposed subdivision.
5. Prior to consideration of the proposed plat by the city, the applicant shall pay
the required filing fee as set out in subsection 11-2-7A3 of this title.
6. The plat shall be considered as being officially submitted when all of the
information requirements are complied with and the appropriate fees paid.
As you can see from the portion of the City's subdivision ordinance quoted above, the
Developer failed to prepare and file a plat, failed to demonstrate its ownership of the
land, failed to submit a list of property owners located within 350 feet of the subject
property, and failed to pay the required fee. As specified in City Code Section 11-4-2,
Subparagraph 6, the plat shall only be considered officially submitted when all of the
information requirements are complied with and the appropriate fees paid. Because the
Developer failed to submit all information required by the ordinance, it has not submitted
an application for preliminary plat by June 30, 2017.
Having not submitted an application for preliminary plat by June 30, 2017, the
Developer remained obligated to install the sidewalk by June 30, 2017.
Pursuant to paragraph 12.A. of the Development Agreement, the Developer has 30
days to install the sidewalk as required by paragraph 3 of the Development Agreement.
If the Developer fails to install the sidewalk as required within the required 30 days, the
City may exercise its right under the Development Agreement to install the sidewalk and
reimburse itself with the Developer's money held in escrow by the City. In the event the
cost of sidewalk installation exceeds the escrow, the City reserves the right to recover the
excess cost from the Developer or assess such costs to the Developer's property per the
terms of the Developer's Agreement.
Please contact 'die City to confirm that the Developer will install the sidewalk
within the next 30 days. Thank you.