1999-01-19 Development Agreement
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CITY OF ALBERTVILLE DEVELOPER'S AGREEMENT
Psyk's Seventh Addition
THIS AGREEMENT, entered into this ~ day of ~~c.I~ , 1999 by and
between Douglas P. Psyk and Beatrice E. Psyk 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 the real property
described in Exhibit A, attached hereto and incorporated herein by reference, which real
property is 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 Seventh
Addition" and shall hereinafter be referred to in its entirety as "Said Plat" or "Subject
Propelty"; and
WHEREAS, Developer intends to subdivide 13.42 gross acres into thiIteen (13)
single family lots and Outlots A and B; and
WHEREAS, a variance has been approved with regard to Said Plat to allow for an
eleven (11) foot road jog in 53rd Avenue N.E. as proposed by Developer; and
WHEREAS, the City has given preliminary approval of Developer's plat ofPsyk
Seventh Addition contingent upon compliance with certain City requirements including, but
not limited to, matters set forth herein; and
WHEREAS, the City requires that certain public improvements including, but not
limited to bituminous street and trail( s), curb and gutter, grading, sanitary sewer, water,
storm sewer and drainage ponds (hereafter "Municipal Improvements") be installed to serve
the Subject Property and other properties affected by the development of Developer's land,
to be installed and financed by Developer; and
WHEREAS, the City further requires that certain on- and off-site improvements be
installed by the Developer within Said Plat, which improvements consist of boulevards, top
soil and sod, grading control per lot, bituminous or concrete driveways, parking lot,
drainage swales, berming, street signs, street cleanup during project development, erosion
control, and other site-related items; and
WHEREAS, this Agreement is entered into for the purpose of setting forth and
memorializing for the parties and subsequent owners, the Wlderstandings and covenants of
the parties concerning the development of the Said Plat and the conditions imposed thereon;
NOW, THEREFORE, IT IS HEREBY AND HEREIN MUTUALLY
AGREED, in consideration of each party's promises and considerations herein set forth, as
follows:
1. Construction of Municipal Improvements.
A. The Developer shall construct those Municipal Improvements located on and
off the Said Plat as detailed in the Plans and Specifications for Psyk Seventh
Addition, dated October 13th, 1998 as prepared by Meyer-Rohlin, Inc. and on
file with the City Clerk, said improvements to include installation of
bituminous street, curb and gutter, water mains, sanitary and stonn sewers,
storm water ponding and site grading. All such improvements shall be
constlUcted according to the standards adopted by the City, along with all
items required by the City Engineer. Unless the City Engineer specifies a
later date, said improvements shall be installed by July 1 st, 1999, with the
wear course of bituminous pavement to be installed before JWle 15th, 2000.
B. The Developer warrants to the City for a peliod of two years from the date the
City accepts the fmished Municipal Improvements that all such improvements
have been constlUcted 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.
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C. Developer shall provide the City with lien waivers from all contractors and
subcontractors engaged to construct said improvements on Said Plat. Should
Developer fail to provide the City with all applicable lien waivers, the City
reserves the right to draw upon Developer's surety and pay any contractors
who performed work on any Municipal Improvements and whom Developer
has failed to fully pay for the performance of said work.
D. The City shall, at its option, have the City Engineer present on Said Plat for
inspection purposes at all times (or such times as the City may deem
necessary) during the construction and installation of said Municipal
Improvements. Developer agrees to pay for all costs incurred by the City
during said inspections.
2. Construction of On- and Off-Site Improvements.
A. Developer shall construct all on- and off-site improvements including
installation of boulevards, street signs, traffic signs, yard top soil, sod or seed
in all yards, grading control per lot, bituminous or concrete driveways and
parking lots, drainage swales, berming, and like items as necessmy, street
cleanup during project development, and erosion control, all as required by
City ordinance. Said on- and off-site improvements shall be installed no later
than October 31, 2001, with the exception of erosion control, drainage swales
and berming, which shall be installed upon initial grading of Said Plat.
B. 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 or such other location as may be approved by the City
Engineer, accessible to all lots and in compliance with all applicable state and
local regulations:
1. ElectIical power supply, to be provided by Northern States Power or
other such catTier;
n. Natural gas supply, to be provided by Minnegasco or other such
Call1er;
lll. Telephone service, to be provided by SprintlUnited Telephone
Company or other such catTier;
IV. Cable TV service, to be provided by a local carrier;
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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 and in conformance with the Manual on Uniform Traffic
Control Devices.
C. Developer has submitted a utility plan for Said Plat showing all existing and
proposed utility lines and easements, attached and incorporated herein as
Exhibit B. Developer agrees to have all utilities installed according to this
Exhibit B.
D. Developer shall install silt fencing in back of all curbing within 30 days after
said curbing is installed, or 7 days after the "small utilities" (gas, phone,
electrical and cable television) have been installed, whichever occurs sooner.
Developer shall be allowed to substitute hay bales for a 22-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 22-foot section of hay bales.
Developer shall remove all hay bales and silt fencing from each lot as sod is
installed upon said lot.
E. Notwithstanding the requirements of subparagraph 2A above, the Developer
shall install to the City's satisfaction improvements for each lot or parcel
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 rv'larch 30th in
any given year, in which case said improvements shall be so completed by the
following June 15th.
F. Developer shall install storm water retention/water quality ponds and basins
upon Said Plat as shown on the Grading, Drainage and Erosion Control Plan
attached as Exhibit C. Said ponds and basins shall be dedicated to the City.
and Developer shall provide the City with perpetual drainage easements over
such ponds. Said retention ponds and basins shall be installed prior to the
installation of utilities.
3. Intended Use of Subdivision Lots. It is the Developer's and City's intent that single-
family detached dwelling units be constructed on the lots in Said Plat (one unit on each
lot). Developer agrees that it shall not construct any units other than said single-family
detached dwelling units on the land in Said Plat.
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4. Surety Requirements.
A. Developer will provide the City with an irrevocable letter of credit (or other
surety as approved by the City Attorney) as security that the obligations of the
Developer under this contract shall be performed. Said letter of credit or
surety shall be in the amount of $23,750.00 representing 25% of the
$95,000.00 estimated cost of the Municipal Improvements. Said letter of
credit or surety must meet the approval of the City attorney as to form and
issuing bank.
B. The City may draw on said letter of credit or surety to complete work not
performed by Developer (including but not limited to on- and off-site
improvements, Municipal Improvements described above, erosion control,
and other such measures), 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, to repair or correct deficiencies or other
problems which occur to the Municipal Improvements during the warranty
period, 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.
D. Developer hereby agrees to allow the City to specially 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 or surety prove
insufficient or should Developer fail to maintain said letter of credit or surety
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, including Minnesota
Statute 429.081.
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.
5. Surety Release.
F. Periodically, as payments are made by the Developer for the completion of
portions of the Municipal Improvements and/or On- and Off-site
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 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.
G. The Developer may request of the City a reduction or release of any surety as
follows:
1. When another acceptable letter of credit or surety is furnished to the
City to replace a prior letter of credit or surety.
11. When all or a portion of the Municipal Improvements or the on- and
off-site improvements have been installed, the letter of credit or surety
may be reduced by the dollar amount attributable to that pOltion of
improvements so installed, except that the City shall retain the letter of
credit or surety in the amount of 10% of the estimated construction
price of the Municipal Improvements during the fIrst year of the
warranty period and 5% of the estimated construction Plice of the
Municipal Improvements during the second year of the walTanty
period.
Ill. As to all requests brought under this paragraph, the City Council shall
have complete discretion whether to reduce or not to reduce said letter
of credit or surety.
H. 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.
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6. Abandonment of Project - Costs and Expenses. 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, fails to provide sufficient ground-
cover to prevent continuing soil erosion from the Said Plat, or fails to leave the
abandoned property in a condition which can be mowed using conventional lawn
mowing equipment, 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 continuing soil erosion from Said Plat and to facilitate
mowing of Said Plat. In the event that said costs are not paid, the City may withdraw
funds from the above-mentioned surety for the purpose of paying the costs referred to in
this paragraph.
7. Developer to Pay City's Costs and Expenses. It is understood and agreed that the
Developer will reimburse the City for all reasonable administrative, legal, planning,
engineering and other professional costs incurred in the creation, administration,
enforcement or execution of this Agreement and the approval of Said Plat, as well as all
reasonable engineering expenses incurred by the City in designing, approving,
installing, and inspecting said Improvements described above. Developer agrees to pay
all such costs within 30 days of billing by the City. If Developer fails to pay said
amounts, Developer agrees to allow the City to reimburse itself from said surety and/or
assess the amount owed against any or all of the Said Plat without objection. Developer
has the light to request time sheets or work records to verify said billing prior to
payment.
8. Erosion and Siltation Control. Before any grading is started on any site, all erosion
control measures as shown on the approved Grading, Drainage and Erosion Control Plan
shall be strictly complied with as set forth in the attached Exhibit C. Developer shall
also install all erosion control measures deemed necessary by the City Engineer should
the erosion control plan prove inadequate in any respect.
9. Ditch Cleaning. Developer shall comply with all requirements sef'fOlth for drainage
into any county ditch or other 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
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at Developer's expense.
10. Maintain Public Property Damaged or Cluttered During Construction. Developer
agrees to assume full financial responsibility 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 result 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 utility 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 ten (10) 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 thitiy (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 the surety described above and/or specially assessed against any or all lots within
Said Plat.
11. Temporary Easement Rights. 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 necessmy work pursuant to this Agreement.
12. 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. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Contract is for any reason held invalid by a Court of competent
jurisdiction, such decision shall not affect the validity of the remaining
portion of this Contract.
C. Ifbuilding permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and the costs resulting in
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delays in completion of public improvements and damage to public
improvements caused by the City, Developer, its contractors, subcontractors,
materialmen, employees, agents, or third parties.
D. 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.
E. This Contract shall run with the land and shall be recorded against the title to
the property. After the Developer has completed all work and obligations
required of it under this Contract (including the expiration of the warranty
period), at the Developer's request, the City will execute and deliver to the
Developer a release of its obligations under this Agreement.
F. 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.
G. The Developer represents to the City that Said Plat complies with all City,
county, state and federal laws and regulations, including but not limited to:
subdivision ordinances, zoning ordinances, and environmental regulations. If
the City determines that Said Plat does not comply, the City may, at its
option, refuse to allow construction or development work in the plat until the
Developer so complies. Upon the City's demand, the Developer shall cease
work until there is compliance.
H. Prior to the execution of this Agreement and prior to the start of any
construction on the Subject Property, Developer shall provide the City with
evidence of good and marketable title to all of Subject 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.
I. Developer shall comply with all water, ponding and wetland related
restrictions, if any, required by the Wright County Soil and Water
Conservation District and any applicable provisions of State law.
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J. The Albertville City COlUlcil reserves the right to allocate wastewater
treatment capacity in a manner it finds to be in the best interests of the public
heal~ safety and welfare.
K. 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 ordinary high water level or less than one foot above the 100-year
flood level of any adjacent water body or wetland. If sufficient data on high
water levels 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 lUltil the property has been approved by the
Building Inspector or a professional soils engineer.
L. Developer is required to and represents that he will, in writing, inform
potential buyers of lots within Said Plat of the proposed trail to be located on,
over, across or adjacent to the lot under consideration for purchase prior to
signing a purchase agreement.
13. Draw on Expiring Letter of Credit. In the event a surety 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 pmt or in total, at the City's discretion, upon the expiring letter of credit to avoid
the loss of surety for the continued obligation. The form of said irrevocable letter of
credit must be approved by the City Attorney prior to its issuance.
14. Violation of Agreement.
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 (via certified mail), 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. Upon
failure to cure by Developer, the City may thence immediately and without
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notice or consent of the Developer use all of the deposited cash, irrevocable
letter of credit or other surety fimds to complete the Developer's obligations
under this Agreement, 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 15A of this section shall not apply to any acts or rights of the City
under the preceding paragraph 14 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 the 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.
15. Dedications to the City.
A. Municipal Improvement Dedications.
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 and trail right-of-ways, curbs, gutters, ponds, sewers and water
mains to the City. Upon acceptance of dedication, Developer shall provide to
the City "As-Builts" of all sewers, water mains, and roads. Acceptance by
City of any dedication shall occur upon passage of a resolution to such effect
by the City Council.
B. Park Dedications
Developer acknowledges and agrees that in order to satisfy the City's park
dedication requirements for Said Plat, Developer shall pay the City a cash
payment totaling $16,900 (13 lots x $1,300.00 per lot) prior to release of
Said Plat by the City.
C. Off-Plat Dedications
The Parties acknowledge that a portion of the drainage pond on the
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southern end of the Said Plat, as shown on the attached Exhibit C and
legally described in Exhibit D and as shown on Exhibit E hereto, extends
beyond the boundaries of Said Plat. In addition to the other dedications
required herein, Developer agrees to dedicate that portion of the pond
described in the attached Exhibit D to the City by conveying an easement
over, under and across the same in a form and with content as approved by
the City Attorney.
16. Landscaping. In addition to required grOtUld cover and soil erosion measures that may
be required by the City Engineer, and after grading and sodding of all front and side
yards following home construction, Developer shall plant at least one shade tree or large
evergreen tree per lot which conforms to the following size requirements:
Shade Trees:
2 inch diameter trunk
Evergreen Trees:
3 feet high
17. Phased Development. If the plat is a phase of a multi-phased preliminary plat, the City
may refuse to approve 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 govemed 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.
18. Indemnity. Developer shall hold the City and its officers and employees haImless from
claims made by Developer and third parties for damages sustained or costs incurred
resulting from Said Plat approval and development. 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 attomey's fees. Third parties
shall have no recourse against the City under this contract.
19. Assignment of Contract. The obligations of the Developer under this Contract cannot
be assigned without the express written consent of the City Council through Council
resolution.
20. Limited Approval. Approval of this Agreement by the City Council and issuance of
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the Conditional Use Permit which is the subject of this agreement in no way constitutes
approval of anything other than that which is explicitly specified in this Agreement.
21. Professional Fees. The Developer will pay all reasonable professional fees incurred by
the City as a result of City efforts to enforce the terms of this Agreement. Said fees include
attorney's fees, engineer's fees, planner's fees, and any other professional fees incurred by
the City in attempting to enforce the terms of this Agreement. The Developer will also pay
all reasonable attorney's and professional fees incurred by the City in the event an action is
brought upon a letter of credit or other surety fwnished by the Developer as provided
herein.
22. Plans Attached as Exhibits. All plans attached to this Agreement as Exhibits are
incorporated into this Agreement by reference as they appear. Unless othelwise
specified in this Agreement, Developer is bound by said plans and responsible for
implementation of said plans as herein incorporated.
23. Integration Clause, Modification by Written Agreement Only. This Agreement
represents the full and complete understanding of the parties and neither party is
relying on any prior agreement or statement(s), whether oral or written.
Modification of this Agreement may occur only if in writing and signed by a duly
authorized agent of both parties.
24. 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 9
Albertville,~ 55301
Telephone: (612) 497-3384
Doug P. Psyk and Beatrice E. Psyk
5446 LaBeaux Ave. N.E.
Albertville, MN 55301
Telephone: (612) 497-2753
25. Agreement Effect. This Agreement shall be binding upon and extend to the
representatives, heirs, successors and assigns of the parties hereto.
PSYK DEVELOPMENT CORPORA TrON
By 1frA;?L
D ugla P. Psyk
Its President
D uglas P. Psyk
d
~~C~
Beatrice E. Psyk
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this / sr- day of
, 1999, b~_) If. O~) , as Mayor of the
City of Alb . Ie, a Minnesota m cipal corporation, on behalf of the city and pursuant to
the authority of the City Council.
.
I
.
LINDA M. HOUGHTON ~
NOTARY PUBLIC.MlNNESOTA J '
WRIGHT COUNTY :
My Commislon Expir..Jall. 31, 2000 ~
..
Y9fZ"4 1lJ.~~ M
Notary Public '
..
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 9 -~ day of
<<f2( .<:e ' 1999, by Linda Goeb, as Clerk of the City of Albertville, a
Mimiesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council. (Y l ~ c _ LJa~
Notary P~~
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
MARY C. HARTNER
NOTARY PUBLIC - MINNESOTA
My Comm. Exp. Jan. 31,
The foregoing instrument was acknowledged before me
-::::S;+N\,'~ , 1999, by Douglas P. Psyk, individuall
Development Corporation.
J j)-A.. day of
as president of Psyk
Notary Public
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
e MARCUS MILLER
~ NOTARY PUBLIC. MINNESOTA
My Comm. Exp. Jan. 31,2000
The foregoing instrument was acknowledged before me this
'J1IN1iM-i ,1999, by Beatrice E. Pbl ff1M-
Notary Public
,c(h
day of
DRAFTED BY:
Couri and MacArthur Law Office
P.O. Box 369
705 Central Avenue East
St. Michael, MN 55376
(612)497-1930
e MARCUS MILLER
~ NOTARY PUBLIC - MINNESOTA
My Comm. Exp. Jan. 31,2000
. .
E~hibit A
That part of the Southwest Quarter of Section 1, Township 120, Range 24, Wright
County, Minnesota lying south of Pysk' s Addition, Pysk's Second Addition, Pysk's
Fourth Addition and east ofPysk's Fifth Addition and west and north ofPysk's Third
Addition, according to the plats thereof on file and of record in the office of the County
Recorder, Wright County, Minnesota, and lying north of the following described line:
Beginning at the southwest comer of Lot 1 Block 1, Pysk Third Addition; thence South
54 degrees 28. minutes 29 seconds West, a distance of 96.00 feet; thence South 74
degrees 04 minutes 02 seconds West, a distance of270.00 feet; thence North. 71 degrees
54 minutes 34 seconds West, a distance of 655.00 feet to the southeast comer of Lot 1
Block 4 of Psyks Fifth Addition and terminating thereat Except therefrom the following
described tract: Beginning at the northwest comer of Lot 1 Block 1 Pysk Third Addition;
thence North 89 degrees 46 minutes 06 seconds East, a distance of 198.00 feet to the east
line of the said Southwest Quarter; thence South 0 degrees 13 minutes 54 seconds West,
along the said east line, a distance of 165.00 feet; thence North 89 degrees 46 minutes 06
seconds West, a distance of 133.00 feet to the point of beginning.
EXHIBIT B
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Exhibit D
A permanent drainage easement over that part of the Southwest Quarter of Section 1,
Township 120, Range 24, Wright County, Minnesota descn"bed as follows: Beginning at
the southwest comer of Lot 1 Block 4 Pysk's Fifth Addition, according to the plat thereof
on file and of record in the Office of the County Recorder, Wright County, Minnesota;
thence South 81 degrees 54 minutes 49 seconds East, plat bearing along the south line of
said Lot 1 Block 4; thence South 71 degrees 54 minutes 34 seconds East, a distance of
655.00 feet; thence South 27 degrees 15 minutes 34 seconds West, a distance of 113.38
feet; thence North-62 degrees 44 minutes 26 seconds West, a distance of611.63 feet;
thence North 81 degrees 54 minutes 49 seconds West, a distance of81.88 feet; thence
North 81 degrees 54 minutes 49 seconds West, a distance of81.88 feet; thence North 0
degrees 07 minutes 01 seconds East, a distance of20.20 feet to the point ofbegjnning.
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