1994-08-05 Development Agreement
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DEVELOPER'S AGREEMENT
Psyk's sixth Addition
THIS AGREEMENT, entered into this :;- d day of A ~J ,
1994 by and between Douglas P. psyk and Beatrice E. psy and psyk
Development Corporation, collectively referred to herein as
"Developer"; and the CITY OF ALBERTVILLE, County of Wright, state
of Minnesota, hereinafter referred to as "city";
WITNESSETH:
WHEREAS, Developer is the fee owner and developer of a parcel
or parcels of land described in Exhibit "A", attached hereto and
incorporated herein by reference, a portion of which parcels of
land are proposed to be subdivided and platted for development, and
which subdivision, which is the subject of this agreement, is
intended to bear the name "Psyk's sixth Addition" and may sometimes
hereinafter be referred to as the "SUbject Property" or "Said
Plat"; and
WHEREAS, the City has given preliminary approval of
Developer's plat of Psyk's sixth Addition contingent upon
compliance wi th certain ci ty requirements including, but not
limited to, matters set forth herein; and
WHEREAS, the city requires that certain public improvements
including, but not limited to, grading, sani tary sewer, water,
storm sewer and streets (hereafter "Municipal Improvements") be
installed to serve the Subject Property to be financed by
Developer independent of the City; and
WHEREAS, the City further requires that certain on- and off-
site improvements be installed by the Developer within the Subject
Property, which improvements consist of boulevards, boulevard top
soil and sod, trees planted in the front yards of those lots
abutting the boulevards, grading control per lot, bituminous or
concrete driveway approaches, drainage swales, berming, street
signs, street cleanup during project development, erosion control
and siltation/retention ponds, and other site-related items, and
which improvements to the Subject Property shall be referred to
herein as "site Improvements"; and
WHEREAS, this Agreement is entered into for the purpose of
setting forth and memorializing for the parties and subsequent
owners, the understandings and agreements of the parties concerning
the development of the subject Property;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY AGREED, in
consideration of each party's promises and considerations herein
set forth, as follows:
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1. Construction and Installation of MuniciDal ImDrovements.
A. The Developer shall construct all of the Municipal
Improvements as detailed in the Plans and Specifications
for Psyk's sixth Addition, as prepared by Meyer-Rohlin,
Inc., and as on file with the city Clerk of the City of
Albertville, said improvements to include installation
of water mains, sanitary and storm sewers, curb and
gutter, and streets. All such improvements shall be
constructed according to the standards required by the
City Engineer, and the City Engineer shall inspect the
project on regular basis. Said improvements shall be
installed by September 30, 1995 at the sole expense of
the Developer.
B. The Developer warrants to the City for a period of two
years from the date the City accepts the improvements
that all such improvements have been constructed to City
standards and shall suffer no significant impairments,
either to the structure or to the surface or other usable
areas due to improper construction, said warranty to
apply both to poor materials and faulty workmanship.
C. Prior to the commencement of construction, Developer
shall provide the City with evidence of good and
marketable title to all of Subj ect Property. Evidence of
good and marketable title shall consist of a Title
Insurance Policy or Commitment from a national title
insurance company, or an abstract of title updated by an
abstract company registered under the laws of the State
of Minnesota.
D. Developer shall provide the City with lien waivers from
all contractors and subcontractors engaged to construct
said improvements.
E. The City shall allow the Developer to leave a portion of
the street abutting Lot 1 of Block 1 and Lot 1 of Block
2 unfinished until the property immediately to the north
of Said Plat develops. Said unfinished portion of street
shall not exceed 10 linear feet in length as measured
from the north border of Said Plat. Developer
acknowledges that it shall be responsible for completing
said street, sani tary sewer and water mains to the
northerly line of Said Plat, at Developer's own expense,
at such time as the property immediately to the north of
Said Plat is platted and the streets and sewers are
installed on said land. Developer agrees that a portion
of its surety shall remain with the ci ty until the
unfinished portion of the street is installed.
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2. site ImDrovements. All site improvements required under this
Agreement shall be installed at Developer's sole expense:
A. Developer shall perform all site Improvements including
installation of boulevards, boulevard and yard top soil
and sod, trees planted in the front yards of those lots
abutting the boulevards, grading control per lot,
bi tuminous or concrete dri veway approaches, drainage
swales, berming, and street cleanup during project
development, in conformance with ci ty ordinances and
generally as shown on attached Exhibit "B".
B. Prior to grading Said Plat, Developer shall install the
erosion control measures as detailed on Exhibit "C".
C. Developer shall install silt fencing in back of all
curbing within 10 days after said curbing is installed.
Developer shall be allowed to substitute hay bales for a
12-foot section of silt fencing on each lot for the
purpose of allowing construction vehicles to pass from
the street to each lot. No construction vehicles shall
pass from the street to the lots except through such
designated 12-foot section of hay bales. Developer shall
remove all hay bales and silt fencing from each lot as
sod is installed upon said lot.
D. Developer shall install two storm water retention ponds
upon this plat as follows:
i. Developer shall install a permanent retention pond
immediately west of lots 4, 5, and 6 of Block 3,
said retention pond to be installed in conformance
with the specifications shown on Exhibit C. Said
pond shall not be dedicated to the City, but
Developer will provide the City with perpetual
drainage easements over such pond. Said retention
pond shall be installed prior to the installation
of streets or utilities. Developer shall record
restrictions and covenants on all lots which border
said retention pond. Said restrictions and
covenants shall be in a form acceptable to the City
attorney, shall require all landowners abutting
said pond to maintain the pond, and shall allow the
City to maintain said pond and assess the costs of
maintenance back to the abutting landowners without
objection in the event the abutting landowners do
not maintain said pond.
ii. Developer shall install a temporary retention pond
upon Lot 1, Block 1 (along wi th all necessary
piping and drainage) which shall receive all storm
water drainage from the proposed streets (where
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such storm water drains to the north). Said pond
shall be built according to the specifications as
detailed on the attached Exhibit C and shall remain
as a retention pond until such time as the property
abutting Said Plat on the north is developed (the
Marx property) and permanent storm sewers are
installed on the Marx property in a manner that
will accommodate the drainage from Said Plat. Upon
the installation of such permanent sewers on the
Marx property, Developer shall be allowed to fill
the retention pond on Lot 1, Block 1 and develop
said lot as a residential property, but only after
complying with subparagraph 2 (D) (iii) below. At
no time shall the retention pond on Lot 1, Block 1
be dedicated to the City, and Developer shall
maintain ownership and control over said lot at all
times while said lot contains the retention pond.
Said retention pond shall be installed when Said
Plat is graded.
iii. At such time as the Marx property referred to above
is platted, Developer shall, at its own expense,
install such storm drainage piping and related
structures on Said Plat as is necessary to connect
the storm drainage system from Said Plat to the
storm drainage system to be installed on the Marx
property. Developer shall install said piping and
related structures within 60 days of the
installation of a storm drainage system on the Marx
property.
E. Developer agrees to deposit with the city cash in the
amount of $13,750.00 to pay the portion of the estimated
cost of installing the storm drainage infrastructure
(referred to in paragraph 2(D)(ii) above) necessary to
carry the storm water from Said Plat to the wetland/pond
currently existing on the Marx property. The City shall
not require Developer to make further paYments to provide
for the storm drainage described in paragraph 2(D) (ii)
above (except as may be required elsewhere in this
agreement) , unless the City undertakes a drainage project
pursuant to Minnesota Statutes Chapter 429 or other such
statute and assesses the costs of such project against
Developer's land pursuant to said statutes. The
estimated dollar amount is based upon the calculations
contained in a letter from RCM & Associates dated July
18, 1994 and on file at the City. The city shall retain
said funds in an interest bearing account, with said
funds to be used solely for the purposes set forth in
this subparagraph. Nothing contained in this paragraph
shall create any rights in favor of the current or future
owners of the Marx property (against the city or
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Developer), and the
redesignate said funds
return the funds to the
does not develop by the
City reserves the right to
to the City general fund (or
Developer) if the Marx property
year 2010.
F. Developer shall, at its own expense, cause the following
items to be installed within the development, all such
items to be installed under ground, within the street
right of way, accessible to all lots and in compliance
with all applicable state and local regulations:
i. Electrical power supply, to be provided by Northern
states Power or other such carrier;
ii. Natural gas supply, to be provided by Minnegasco or
other such carrier;
iii. Telephone service, to be provided by united
Telephone Company;
In addition, the Developer shall, at its own expense,
cause street lights and street signs to be of such type
and to be installed at such locations as required by the
City Engineer.
G. Unless otherwise specified in this agreement, all site
Improvements shall be constructed to the City's
satisfaction on or before June 30, 1997.
H. The boulevard improvements for each lot or parcel shall
be completed to the city's satisfaction within sixty (60)
days of the date that a certificate of occupancy
(temporary or permanent) is issued by the City for a
building located on the lot, unless the certificate of
occupancy is issued after October 1st and before March
30th in any given year, in which case the boulevard
improvements shall be so completed by the following June
15th. At the City's option, it may install street
sign(s) and bill the direct cost of materials and
installation to the Developer who will pay the bill
within ten (10) days of the billing.
3. Surety.
A. Developer will provide the City with cash or an
irrevocable letter of credit as security that the
obligations of the Developer under this contract shall be
performed. Said letter of credit must meet the approval
of the City attorney as to form and issuing bank. Said
letter of credit shall be in the amount of $32,961.00,
representing the sum of 25% of the estimated construction
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and engineering costs for the installation of the
Municipal Improvements ($112,844.00), plus 25% of the
estimated cost of installing the site Improvements
($19,000.00) .
B. The City may draw on said letter of credit to complete
work not performed by Developer, to pay liens on property
to be dedicated to the City, to reimburse itself for
costs incurred in the drafting, execution, administration
or enforcement of this agreement, or to otherwise fulfill
the obligations of Developer under this agreement.
C. In the event that any cash, irrevocable letter of credit,
or other surety referred to herein is ever utilized and
found to be deficient in amount to payor reimburse the
City in total as required herein, the Developer agrees
that upon being billed by the City, Developer will pay
within thirty (30) days of the mailing of said billing,
the said deficient amount. If there should be an overage
in the amount of utilized security, the City will, upon
making said determination, refund to the Developer any
monies which the City has in its possession which are in
excess of the actual costs of the project as paid by the
City. All monies deposited with the City shall be used
by the City at the City's discretion to defray the City's
costs and expenses related to the project(s) referred to
herein.
D. Developer hereby agrees to allow the ci ty to assess
Developer's property for any and all costs incurred by
the City in enforcing any of the terms of this agreement
should Developer's letter of credit prove insuff icient or
should Developer fail to maintain said letter of credit
in the amount required above within 30 days of mailing of
written request by the City. Should the City assess
Developer's property for said costs, Developer agrees not
to contest or appeal such assessment and waives all
statutory rights of appeal under Minnesota Statutes.
E. That portion of said cash, irrevocable letter of credit,
or other surety with respect to the performance of site
Improvements shall be released upon certification of the
City Engineer and approval of the City Council that all
such items are satisfactorily completed pursuant to this
Agreement.
F. Periodically, as paYments are made by the Developer for
the completion of portions of the Municipal Improvements,
and when it is reasonably prudent, the Developer may
request of the City that the surety be proportionately
reduced for that portion of the Municipal Improvements
which have been fully completed and paYment made
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therefor. All such decisions shall be at the discretion
of the city Council. The city's cost for processing
reduction request(s) shall be billed to the Developer.
Such cost shall be paid to the City within thirty (30)
days of the date of mailing of the billing.
4. Surety Release.
A. The developer may request of the City a reduction or
release of any surety provided for in conjunction with
the Municipal Improvements (described in Exhibit B) and
site Improvements (listed in section five above) as
follows:
i. When another acceptable surety is furnished to the
city to replace a prior surety.
ii. When the final cost amount minus previous paYments
becomes less than the surety provided, thus
allowing the surety to be reduced to a sum
commensurate with the remaining amount of the
project.
iii. No reduction shall be made which would result in
the surety held being less than thirty-five percent
(35%) of the original surety until the final costs
are known.
B. The costs incurred by the City in processing any
reduction request shall be billed to the Developer and
paid to the City within thirty (30) days of billing.
5. Abandonment of proiect - Costs and EXDenses. In the event
Developer should abandon the proposed development of the
Subject Property, the City's costs and expenses related to
attorney's fees, professional review, drafting of this
Agreement, preparation of the feasibility report, plans and
specifications, and any other expenses undertaken in reliance
upon Developer's various assertions shall be paid by said
Developer within thirty (30) days after receipt of a bill for
such costs from the City. In addition, in the event the
Developer abandons the project, in whole or in part, ceases
substantial field work for more than nine (9) months, or fails
to provide sufficient ground-cover to prevent continuing soil
erosion from the Plat, Developer agrees to pay all costs the
city may incur in taking whatever action is reasonably
necessary to provide ground-cover and otherwise restore Said
Plat to the point where undeveloped grounds are level and
covered with permanent vegetation sufficient to prevent
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continuing soil erosion from Said Plat. In the event that
said costs are not paid, the City may withdraw funds from any
of the above-mentioned escrow funds for the purpose of paying
the costs referred to in this paragraph.
6. DeveloDer To Pay city's Costs and Expenses. It is understood
and agreed that the Developer will reimburse the City for all
administrative, legal, and professional costs incurred in the
creation, administration, enforcement or execution of this
Agreement. Should the Developer fail to pay said costs wi thin
30 days of request by the City, the City may reimburse itself
from the Developer's letter of credit and/or may assess said
costs against the Subject Property.
7. Erosion and siltation Control.
A. Financial Guarantee. Before any grading is started on
any site, all erosion control measures as shown on the
approved erosion control plan shall be installed. In
addition, a financial guarantee shall be provided to the
City to insure compliance during construction. The
financial guarantee for this purpose shall be the same
surety as described in paragraph three above.
B.
All erosion control measures recommended
Engineer shall be strictly complied with as
Exhibit "C", which is hereto attached
incorporated by reference.
by the city
set forth in
and herein
C. Developer shall cause, to be constructed upon the
Southerly portion of Said Plat a retention/siltation pond
or ponds for run off from Said Plat. Said pond shall
conform with all requirements set forth by the City as
shown in Exhibit "C" attached hereto and herein
incorporated by reference. Developer shall comply with
all specifications and requirements concerning length of
time of water retention, design of the pond and location
and size of outlets. Developer shall so contour the land
such that water drainage from Said Plat first flows into
said siltation pond (except for the drainage that will
flow into the drainage pond required in paragraph
2(D) (ii) above), allowing waterborne soil and silt to
deposit in such siltation pond before said water drains
into the wetland areas, all according to specifications
as approved by the City Engineer. Developer shall clean
the retention and siltation pond of excess particles,
including soil, silt and phosphates during and/or upon
completion of the construction phase. All such
installation and cleaning shall be at Developer's sole
expense.
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8. Maintain Public PrODertv Damaaed or Cluttered Durina
construction. Developer agrees to assume full financial
responsibili ty for any damage which may occur to public
property including but not limited to streets, street sub-
base, base, bituminous surface, curb, utility system
(including but not limited to watermain), sanitary sewer or
storm sewer when said damage occurs as a resul t of the
activity which takes place during the development of Said
Plat. The Developer further agrees to pay all costs required
to repair the streets and/ or utili ty systems damaged or
cluttered with debris when occurring as a direct or indirect
result of the construction that takes place in said Plat. In
the event the Developer fails to clean up, maintain or repair
the damaged public property mentioned above, the City shall
provide the Developer with a Notice of its intent to clean up,
repair, or maintain such public property. Developer shall
have thirty (30) days from the date of mailing of such notice
to effect such clean up, repair or maintenance of said public
property to the satisfaction of the city Council. In the
event that Developer fails to so clean up, repair or maintain
said public property, the City may undertake making or causing
it to be cleaned up, repaired or maintained. 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, funds sufficient to pay the bill
may be withdrawn by the city from either surety described
above.
9. TemDorarv Easement Riahts. Developer shall provide access to
the Subject Property at all reasonable times to the City or
its representatives for purposes of inspection or to
accomplish any necessary work pursuant to this agreement.
10. Miscellaneous.
A. Developer agrees that all construction items required
under this agreement are items for which Developer is
responsible for completing and all work shall be done at
Developer's expense.
B. Developer shall comply with all requirements set forth
for drainage into the county ditch through which water
from Subject Property may drain, and shall make any
necessary improvements or go through any necessary
procedures to ensure compliance with any federal, state,
county or city requirements, all at Developer's expense.
Developer's obligation under this subsection shall cease
upon dedication of the storm sewers and ponds/wetlands
into which they drain.
C. If any portion, section, subsection, sentence, clause,
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paragraph or phrase of this Contract is for any reason
held invalid, such decision shall not affect the validity
of the remaining portion of this Contract.
D. If building permits are issued prior to the completion
and acceptance of public improvements, the Developer
assumes all liability and the costs resulting in delays
in completion of public improvements and damage to public
improvements caused by the City, Developer, their
contractors, subcontractors, materialmen, employees,
agents, or third parties. No one may occupy a building
for which a building permi t is issued on ei ther a
temporary or permanent basis until the streets needed for
access have been paved with a bituminous surface, unless
a specific exception is approved by the City.
E. The action or inaction of the City shall not constitute
a waiver or amendment to the provisions of this Contract.
To be binding, amendments or waivers shall be in writing,
signed by the parties and approved by written resolution
of the City Council. The city's failure to promptly take
legal action to enforce this Contract shall not be a
waiver or release.
F. This Contract shall run with the land and may be recorded
against the title to the property. After the Developer
has completed the work required of it under this
Contract, at the Developer's request, the City will
execute and deliver to the Developer a release.
G. All municipal water concerns will be handled by the Joint
Powers Water Board. No connections to the water system
will be permitted until the Board has given final
approval.
11. Draw on EXDirina Letter of Credit. In the event a surety or
other form of guarantee referred to herein is in the form of
an irrevocable letter of credit, which by its terms may become
null and void prior to the time at which all monetary or other
obligations of the Developer are paid or completed, it is
agreed that the Developer shall provide the City with a new
letter of credit or other surety, acceptable to the City, at
least forty-five (45) days prior to the expiration of the
expiring letter of credit. If a new letter of credit is not
received as required above, the City may declare a default in
the terms of this Agreement and thence draw in part or in
total, at the city's discretion, upon the expiring letter of
credit to avoid the loss of surety for the continued
obligation. Such irrevocable letter of credit must contain a
provision requiring the issuer of the letter of credit to
notify the City within sixty (60) days prior to the expiration
of said irrevocable letter of credit. The form of said
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irrevocable letter of credit shall be approved by the city
Attorney prior to its issuance.
12. violation of Aareement.
A. In the case of default by the Developer, its successors
or assigns, of any of the covenants and agreements herein
contained, the City shall give Developer thirty (30) days
mailed notice thereof, and if such default is not cured
within said thirty (30) day period, the City is hereby
granted the right and the privilege to declare any
deficiencies governed by this Agreement due and payable
to the City in full. The thirty (30) day notice period
shall be deemed to run from the date of deposit in the
United states Mail. The City may thence immediately and
without notice or consent of the Developer use all of the
deposited escrow funds, irrevocable letter of credit or
other surety funds to complete the Developer's Municipal
Improvements and site Improvements, and to bring 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 enforcing this agreement.
B. Paragraph 12 shall not apply to any acts or rights of the
ci ty under paragraph 11 above, and no notice need be
given to the Developer as a condition precedent to the
City declaring a default or drawing upon the expiring
irrevocable letter of credit as therein authorized. The
City may elect to give notice to Developer of City's
intent to draw upon the surety without waiving the City's
right to draw upon the surety at a future time without
notice to the Developer.
C. Breach of any of the terms of this Contract by the
Developer shall be grounds for denial of building
permits.
13. Dedication of Land to city.
A. The Developer, upon presentation to the City of evidence
of good and marketable title to Subject Property, and
upon completion of all construction work and
certification of completion by the City Engineer, shall
dedicate all roads, road right of ways, sewers and water
mains to the city. Prior to dedication, Developer shall
provide "As-Builts" of all ponds, sewers and roads.
Acceptance by City of any dedication shall occur upon
passage of a resolution to such effect by the ci ty
Council. Developer's obligation as to said roads within
said Plat shall cease upon dedication and acceptance by
the City.
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B. The Developer acknowledges that it has not dedicated the
proper amounts of land and/or money to fulfill the park
dedication requirements for the Subject Property, and
that fulfillment of said park dedication requirement has
been deferred pending future development of lands owned
by Developer adjacent to Subject Property. Developer
acknowledges that additional land and/or money (as
determined by the City Council) shall be dedicated in the
future by the Developer, in the amounts as required by
the City's Park Dedication Ordinance (in the amount of
$335.00 per lot, if said dedication is in the form of
cash) in fulfillment of the Developer's park dedication
requirements for the Subject Property. Developer agrees
that either surety described above shall act as security
to assure that said park dedication fee is paid.
Developer also acknowledges that the park dedication fees
and/or land are still due the City from the platting of
Psyk's Fifth Addition, and this agreement shall not
extinguish Developer's park dedication requirements due
from Psyk's Fifth Addition.
14. Phased DeveloDment. If the plat is a phase of a multi-phased
preliminary plat, the City may refuse to approve preliminary
or final plats of subsequent phases until public improvements
for all prior phases have been satisfactorily completed.
Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the
City. Approval of this phase of the Development shall not be
construed as approval of future phases nor shall approval of
this phase bind the City to approve future Development phases.
All future Development phases shall be governed by the City's
Comprehensive Plan, Zoning ordinance, Subdivision ordinance,
and other ordinances in effect at the time such future
Development phases are approved by the city.
15. Indemni tv. Developer shall hold the city and its officers and
employees harmless from claims made by Developer and/or third
parties for damages sustained or costs incurred resulting from
plat approval and/or development of Said Plat. The Developer
shall indemnify the City and its officers and employees for
all costs, damages or expenses which the city may payor incur
in consequence of such claims, including attorney's fees.
Third parties shall have no recourse against the City under
this contract.
16. DeveloDer Personallv Bound bv Contract. Those parties signing
on behalf of Developer (and the Developer, if the Developer is
a different entity than said parties) shall be personally
liable for the fulfillment of all obligations under this
Contract. The obligations of the Developer (and the parties
signing on behalf of Developer) under this Contract cannot be
assigned without the express written consent of the City
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council through Council resolution. Upon fulfillment of all
terms of this Developer's Agreement, and upon request by
Developer, the City council shall execute a release of
Developer from this agreement.
17. Attornev's Fees. The Developer will pay all reasonable
attorney's fees incurred by the City and as fixed by the Court
in the event a suit or action is brought to enforce the terms
of this Agreement. The Developer will also pay all reasonable
attorney's fees incurred by the city in the event an action is
brought upon a bond or letter of credit furnished by the
Developer as provided herein.
18. Notification Information. Any notices to the parties herein
shall be in writing, delivered by hand (to the City Clerk for
the city) or registered mail (addressed as follows) to the
following parties:
City of Albertville
c/o city Clerk
P.o. Box 131
Albertville, MN 55301
Telephone: (612) 497-3384
Douglas or Beatrice psyk
11420 54th street N.E.
Albertville, MN 55301
Telephone: (612) 497-2753
19. Agreement Effect. This agreement shall be binding upon and
extend to the representatives, heirs, successors and assigns
of the parties hereto.
CITY OF ALBERTVILLE,
~"~ ,;....
/bn
DEVELOPER,
DoJ2~~~L
Individually
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~C/)/~/
Beatrice E. psyk I%tj
Individually
PSYK DEVELOPMENT CORPORATION
~ L.cA:L
By: ~ P. psyk
pres'dent. ~
. (;::/
~..~0 .~/
By: Beatrice E. psy
Treasurer/Secretary
STATE OF MINNESOTA
SSe
COUNTY OF WRIGHT
Th; foregoing ins~~ument was acknowledged before me this
/.. day of ( i '. ., ...... . ( , 1994, by Michael Potter as
Mayor of the city of Albertvtlle, a Minnesota municipal corporation,
on behalf of the city and/pursuant t~ the authority of the City
Council. !
/
. / ! !.
, I
.1/
"'-'.\1 J'
I
if' .I, '". '{,J'
,~.
LINDA M. HOUGHTON ,
NOTARY PUBlIC.MINNESOTA '
WRIGHT COUNTY
My Commission Expires Jan. 31, 2QOQ
,.,
ANW.
. (i
Nota:ty Public
/J
STATE OF MINNESOTA )
) SSe
COUNTY OF WRIGHT )
_ Jhe foregoing ins}:rumenj; was acknowledged before me this
>~ day of /! ~ ' 1994, by Linda Houghton, as
Clerk of the City of Alber~ville, a Minnesota municipal corporation,
on behalf of the city and pursuant to the authority of the city
Council. r1 4 ~
~C~,
Notary Public
MICHAEL C. CQURI
NOTARY PUBLIC-MINNESOTA
WRIGHT COUNTY
My Comm. Expires Mar. B, 199B)
~".' .~~
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STATE OF MINNESOTA
SSe
COUNTY OF WRIGHT
~ 1he foregoing instrume~ was acknowledged before me this
'" t:7tr day of A-rJ ~~~ , 1994, by Douglas P. psyk
individually and as PresYdent of psyk Development Corporation.
MICHAEL C. CaURI
NOTARY PUBLIC-MINNESOTA
WRIGHT COUNTY
My Camm. expires Mar. 8, 1998
~C"~.
Notary Public
STATE OF MINNESOTA )
) SSe
COUNTY OF WRIGHT )
_ ~e foregoing i~tru~t was acknowledged before me this
~~ day of ~ , 1994, by Beatrice E. psyk
individually and as Secretary/Treasurer of psyk Development
Corporation.
...~.,"~~:-;
74~/ ~~"C~j
Notary Public
MICHAEL C. COURt
NOTARY PUBLIC-MINNESOTA
WRIGHT COUNTY
My Conun. ExpIres Mar. 8, 1998
15
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LEGAL DESCRIPTION OF LAND TO BE PLATTED AS PSYK'S SIXTH ADDITION
That part of the Southwest Quarter of Section 1, Township 120, Range
24, Wright County, Minnesota, described as follows: Beginning at the
northeast corner of Lot 7, Block 2, Psyks Fifth Addition, according to
the plat thereof on file and of record in the office of the County
Recorder, Wright County, Minnesota; thence North 890 52' 59" West, plat
bearing, along the north line of said Lot 7, Block 2, a distance of
135.31 feet to the northwest corner of said Lot 7, Block 2; thence
northerly along a nontangential curve, concave to the west, having a
radius of 1174.28 feet and a central angle of 10 19' 17", a distance of
27.08 feet, the chord of said curve bears North 00 46 I 40" East,
distant 27.08 feet; thence North 00 07' 01" East, tangent to said
curve, a distance of 34.53 feet; thence North 890 52' 59" West, a
distance of 242.37 feet; thence North 330 24' 34" West, a distance of
107.96 feet; thence North 390 15' 00" West, a distance of 276.00 feet;
thence North 550 05' 00" East, a distance of 280.00 feet; thence South
65035' 30" East, a distance of 85.35 feet; thence North 00 07' 01"
East, a distance of 350.81 feet to the north line of the said Southwest
Quarter of Section 1; thence South 890 57' 35" East, along the north
1 ine of the said Southwest Quarter, a distance of 305.03 feet to the
northeast corner of said Southwest Quarter; thence South 00 07' 01"
West along the said east line, a distance of 836.51 feet to the point
of beginning.
Exhibit i\,
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/ Rear lot line
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Utility &
drainage easements ---- lh:
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r setback lines --
NOTE: Minimum side lot line .' I
setback for garage is 5.0 feet .
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l!:ne tree In ~ ~
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Hard surface driveway
<Concrete or Bituminous)
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Boulevard to be sodded
Side lot & rear .Iot
drainage as per approved
drainage & grading plan
~ Centerline of street
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IlPical' Lot
Exhibit B
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