2002-05-20 Letter - Cul De sac Island RemovalPILOT
LAND DEVELOPMENT COMPANY
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May 20, 2002
City Council Members
C\o Ms. Linda Goeb %
City Administrator �Lw
5975 Main Avenue NE.
Albertville, MN 55301
RE: Cul de sac island removal within 51h Addition
Dear Mr. Mayor and Council Members, Ms. Goeb:
This letter is a follow-up to our verbal conversations with Mr. Carlson. The golf course ownership does
not believe it serves their long term financing guidelines to be involved with maintenance of planted
islands. Therefore, they will be assigning any temporary obligation regarding islands. However, in
discussing the island maintenance with Pete Carlson, he feels that public works would not object to the
removal of these islands due to snowplow considerations. Since neither the City nor the golf course is
interested in long term obligations to maintain these features, we are asking the Council to remove them
from the development requirements. A sketch of the street design which would result is attached.
There is no change to the plat; the Right of Way is merely larger between the front property line and the
curb. This would transfer the maintenance obligation to a more accepted location. The services which
will be installed are no longer than exist on some of our cove lots. The house locations remain as
approved. There are no other issues to resolve regarding this request but your consent. The islands have
always been an extra, which, unless allowed to be maintained by the benefited homeowners, have no
benefit. Please contact me regarding any questions about this request for deletion.
Sincerely,
Donald Jense
Land Development Director
cc: Peter Carlson — City Engineer Kent Roessler — Pilot Land Mike Couri — C&M
John Wilczek — Meyer Rohlin
Attachments: Concept of road layout in right of way, assignment document if the islands remain
H:\LANDDE VULETTERS\PROJECTS\ALBRTVLE\OPERATIO\5thAddition cu ldesac.doc
13736 Johnson Street NE • Ham Lake, MN 55304 • 763-772-1001 • Fax: 763-757-4094
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13736 Johnson Street NE * Ham Lake, MN -55304 / /20_ Agent's Initials Buyer's Initial's
See site data sheet for additional information.
NOTE: This is a reference map that depicts information compiled from several sources and its total accuracy cannot be guaranteed. Please verify actual site conditions.
DECLARATION AND COVENANT TO MAINTAIN CENTER ISLANDS
This Declaration and Covenant to Maintain Center Islands is made and executed this _
day of , 2002 by Pilot Land Development Company, a Minnesota corporation (hereinafter
"Declarant").
RECITALS:
WHEREAS, Declarant is a developer of certain real property located in Wright County,
Minnesota and legally described as Lots 1-13, Block 1, and Lots 1-10 Block 2, Cedar Creek
South Fifth Addition;
WHEREAS, it is anticipated that each lot shall contain one single family home thereon;
WHEREAS, to improve the aesthetic value of the neighborhood, Declarant has
constructed two center islands on Karston Court, which lies within Cedar Creek South Fifth
Addition;
WHEREAS, Declarant desires that the lots immediately surrounding said center islands
be required to maintain the center islands so that they maintain their current aesthetic qualities;
WHEREAS, the Declarant desires to have the lot owners and their successors and
assigns agree to a method of maintaining and repairing the center islands through perpetuity.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, it is hereby agreed as follows:
1. The owners of Lots 1 & 2, Block 1, and Lots 9 & 10, Block 2 Cedar Creek South
Fifth Addition and their successors and assigns shall keep and maintain the improvements now
or hereafter located in the center island lying within the cul de sac on the Western end of Karston
Court (West Center Island) in good order, condition and repair, and shall replace such
improvements as is required to keep them in good order and condition. Such improvements shall
consist of landscaping for the center island (including trees, shrubs, mulch and sod). Such
maintenance, repair and replacement shall include without limitation, mowing of grass, removal
of trash and debris, pruning and replacing the plant life contained thereon.
2. The owners of Lots 9, 10, 11 & 12, Block 1, and Lots 2, 3, 4 & 5 Block 2 Cedar
Creek South Fifth Addition and their successors and assigns shall keep and maintain the
improvements now or hereafter located in the center island lying across from said lots in Karston
Court (East Center Island) in good order, condition and repair, and shall replace such
improvements as is required to keep them in good order and condition. Such improvements shall
consist of landscaping for the center island (including trees, shrubs, mulch and sod). Such
maintenance, repair and replacement shall include without limitation, mowing of grass, removal
of trash and debris, pruning and replacing the plant life contained thereon.
3. All costs of maintaining, repairing and replacing the improvements in the center
island as provided in the above -mentioned paragraph shall be shared equally by the owners of
the lots subject to this Declaration.
4. If an owner defaults in any obligation requiring the payment of money associated
with maintenance and repair of the center island and fails to cure the default within thirty (30)
days after receipt of written notice of such default and to proceed diligently thereafter and cure
such default, any non -defaulting lot owner who is subject to this Agreement may exercise its
remedies or relief as may be allowed at law or in equity, including without limitation, suit for
collection of amounts owed hereunder and for specific performance of the covenants contained
herein.
5. Notwithstanding anything in this Agreement to the contrary, the time for
performance of any obligations of this Agreement shall be extended by the number of days of
any delays in the commencement of performance of operation, construction, reconstruction,
repairs, maintenance or replacement costs by acts of God, civil commotion, embargo, riots,
strikes, picketing or other labor dispute, unavailability of labor or materials or damage to work in
progress resulting from fire or other casualty and all other events which are beyond the
reasonable control of the effected party (except for unavailability of funds).
6. The invalidity of any covenant, restriction, condition, limitation, provision,
paragraph or clause of this Agreement, or any part of the same, or the inapplicability thereof to
any person or circumstance, shall not impair or affect in any manner the validity, enforceability,
or effect of the rest of this Agreement, or the inapplicability of any such covenant, restriction,
condition, limitation, provision, paragraph or clause to any other person or circumstance.
7. This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
8. All rights and easements ratified, confirmed, established, granted, reserved and
consented to by this Agreement are appurtenant to the Lots and shall run with the land and,
except as provided otherwise herein, shall inure to the benefit of and be binding on all present
and future owners of the Lots and their respective successors and assigns.
IN WITNESS WHEREOF, the Declarant has caused these presents to be executed this
day of , 2002.
PILOT LAND DEVELOPMENT COMPANY
(a Minnesota corporation)
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of 12002,
by , the of PILOT LAND
DEVELOPMENT COMPANY, a Minnesota corporation, on behalf of said corporation.
(Notarial Seal)
THIS DOCUMENT WAS DRAFTED BY:
Ernest F. Peake
Leonard, OBrien, Wilford, Spencer & Gale, Ltd.
100 South Fifth Street, Suite 1200
Minneapolis, Minnesota 55402
(612)332-1030
@PFDesktop\::ODMA/GRPWISEIGWDMPIS.GWPOMPLS.MPLSLIB 1:90928.1
Notary Public