1994-07-21 Storm Water Draingage MLDCO Add MEMORANDUM
❑ ST. PAUL, MN ❑ MINNEAPOLIS, MN ® ST. CLOUD, MN ❑ CHIPPEWA FALLS, WI ❑ MADISON, WI
TO: Dale Powers
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.E. �(c
City Engineer �
DATE: July 21, 1994
RE: MLDCO First Addition
SEH No. A -ALBEV 9501.00
As requested by the City Council, I have reviewed the storm water drainage along the rear lot
lines of the above referenced project and the adjacent Dundee property, and have the following
comments:
1. The Dundee drainage plan indicates storm water runoff from the Dundee property would
drain along the north line of the MLDCO Addition. The existing grade along the north
line increases for approximately 70 feet before falling off to Main Street and, therefore,
storm water from the Dundee property cannot drain overland along the north line of the
MLDCO Addition.
2. The MLDCO Addition can drain southerly along the common rear lot line to the south
line of the addition, then easterly along the south line to a storm sewer inlet at Main
Street. The grades for this drainage is relatively flat, but will work.
3. To correct the drainage problem on the Dundee property, a catch basin connecting to an
existing storm sewer along the north line of the MLDCO Addition can be constructed,
or the Dundee property can be regraded to drain westerly to Landers Avenue.
4. A catch basin along the north line of the MLDCO Addition is not necessary for drainage
on the MLDCO Addition. However, the catch basin is preferred as it will allow
improved drainage and grading on the MLDCO Addition.
5. The proposed catch basin clearly benefits the Dundee property and the MLDCO
Addition. It is not clear if this catch basin will provide benefit for other adjacent
property.
Please call me at 800 - 572 -0617 if you have any questions.
djg
c: Michael Couri, City Attorney
Linda Houghton, City Clerk
(43:\ALBEV\CORRUL- 21A.94)
__ MEMORANDUM
❑ ST. PAUL, MN ❑ MINNEAPOLIS, MN ® ST. CLOUD," MN ❑ CH /PPEWA FALLS, WI ❑ MADISON, wi
TO: Dale Powers
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.E. p iC2. City Engineer
DATE: July 21, 1994
RE: MLDCO First Addition
SEH No. A -ALBEV 9501.00
As requested by the City Council, I have reviewed the storm water drainage along the rear lot
lines of the above referenced project and the adjacent Dundee property, and have the following
comments:
1. The Dundee drainage plan indicates storm water runoff from the Dundee property would
drain along the north line of the MLDCO Addition. The existing grade along the north
line increases for approximately 70 feet before falling off to Main Street and, therefore,
storm water from the Dundee ro rt cannot drain overland along the north line of the
P Pe
Y g
MLDCO Addition.
2. The MLDCO Addition can drain southerly along alon the common rear lot line to the south
line of the addition, then easterly along the south line to a storm sewer inlet at Main
Street. The grades for this drainage is relatively flat, but will work.
3. To correct the drainage problem on the Dundee property, a catch basin connecting to an
existing storm sewer along the north line of the MLDCO Addition can be constructed,
or the Dundee property can be regraded to drain westerly to Landers Avenue.
4. A catch basin along the north line of the MLDCO Addition is not necessary for drainage
on the MLDCO Addition. However, the catch basin is preferred as it will allow
improved drainage and grading on the MLDCO Addition.
5. The proposed catch basin clearly benefits the Dundee property and the MLDCO
Addition. It is not clear if this catch basin will provide benefit for other adjacent
property.
Please call me at 800 -572 -0617 if you have any questions.
djg
c: Michael Couri, City Attorney
Linda Houghton, City Clerk
(G: \ALBEV \CORRUL- 21A.94)
Dirk Posthumus, D.D.S.
John R. Biorn, D.D.S.
399 East Central
F.O. Box 279
St. Michael, MN 55376
(612) 497 -2040
Dear Council Members,
I have been chairman of the Friends of Roy Simms Community
Library since 1989, and would like to inform you about its
growth, and ask for financial support.
The library in our area has grown faster than expected every
year. Out of 28 branches in the St. Cloud Region (Great River
Region), we consistently have ranked in the top 7 or 8, and are
open fewer hours than the top 3 or 4. This tells us many people
are using it (the regional supervisor estimates the library may
serve a population approaching 10,000!)
Funding goes to our library mainly from 2 sources:
1,) Taxes go to St. Cloud Regional Library where they
are disbursed to 28 branches. This pays personnel (librarians)
and resources (books, periodicals, VCR tapes, etc.). This is the
largest expenditure of funds.
2.) Local communities pay for the facility. The
expenses include rent, utilities, telephone, custodial, etc. St.
Michael pays $15,000.00 and Frankfort $750.00.
The friends of the library would like you to consider paying
closer to 20% of the $16,000.00 budget, since we feel that is probably
at least the percent of library patrons who live in Albertville.
Thanks for your time and consideration.
Sincere
I
Dirk A. Posthumus, D.D.S.
r ,
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0
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JL n
" L 01 1
The Dental Center
JOINT POWERS BOARD • Hanover, Frankfort, St. Michael and Albertville
Post Office Box 10 • 11100 - 50th Street N.E. • Albertville, Minnesota 55301 -0010 • Telephone 612 -497 -3611
July 26, 1994
Attn: Linda Houghton
City of Albertville
PO Box 131
Albertville, MN 55301
Dear Linda Houghton:
Enclosed is the June 27, 1994 minutes as approved by the Board at
their July 25, 1994 meeting and the letter from Hoff, Barry &
Kuderer dated July 25, 1994 regarding the ownership question.
The Board would like to request that your council review the
letter and discuss your feelings of the ownership question. The
Board would like to know who should be responsible for what in
regards to the water system in regards to repair, replacement and
upgrade of watermains, looping watermains for increased pressure
or fire flows, reviewing and inspecting new watermains for
developments and city projects. The Board would like to request a
letter outlining your concerns for the August 22, 1994 meeting if
possible so an amendment can be drawn up that clearly and
specifically outlines the responsibilities of the communities and
the Joint Powers Board.
If you have any questions, please contact me weekdays between 8 am
and 1 pm.
Sincerely,
JOINT POWERS BOARD
Donna M. Kipka
Secretary
Enclosures
r }
' 1
i . Ho F, BARRY & KU DERR
PROFESSIONAL ASSOCIATION
Ce ce C. How
la G. BARRY, JR.
FA CIA E. KUDUER it. KRACUM
DA P A D A. CALL= July :t 5 , 1994
Tel.rraoNE (612) 941-9220
M. SCHR 00 -98* -
C a 3. HABERLA
AUCK' FAX (6 $ 12)91 •716$ 9230
J. luau
* areo'a
sao�rao ar► wr.corsi Post -It'" brand fax transmittal memo 7671
Ms. Donna M. Kipka and ,
Joint Powers water Board .ept. 'ammo
P. O. Box 10 „o 2114 Albertville, Mn. 55301
Re: Ownership 6t Replaa�ent of W ater Nate
Our File No: 2119 -001
f � f Dear Donna and Board Members:
This letter is in response to the question you had regarding
ownership and replacement of watermains. In our telephone
conversations you indicated to me that it is your understanding..
that the past practice of the Board, and its member political
subdivisions, has been for the members to replace or construct new
watermains within their respective jurisdictions, and for the Board
to maintain watermains but, there does not appear to be any written
documentation to support this practice. It is my understanding
that the Board now wishes to know whether there is anything in
writing that would indicate whether it is the duty of the Board, or
the members, to replace watermains within the respective
jurisdictions of the members.
As you know, the political subdivisions of Hanover, Frankfort, St.
Michael and Albertville entered into an agreement in August, 1977,
creating the Joint Powers Board (hereinafter the "Agreement"). The
Agreement does not specify what interests the Board and each of the
parties have in the water and sanitary sewer system. Paragraph 6
however, states that:
"The Board shall make all ;policy decisions relating to
the water and sanitary sewer system, its operation,
maintenance and the location. The cost of maintaining
the water and sanitary sewer system and the financing of
any improvement, shall be spread among the municipalities
and town on a per capita equivalent basis ... of the
planning area served. ...
U. \WPpA TAUT- POWHR\OWN -W.N88 —_ {
7901 FLYINQ CLOUD DRIVE, d260•LDE+I PRAIRIE, MINNESOTA 553444914
RED WINO Omce� MAIN 08 M SrREET•RI'o WING, MINNESOTA 550669(611)388 -3867
, 4 4
Ms. Donna M. Kipka i !
Joint Powers Water Board
Page Two
Rs: Ownership i Ra
�� seAr of Water Mains
Our _
ur File No: 3119 001
"Improvement" is not defined in this, or any of the documents
reviewed. Therefore, it is unclear what would be deemed an
I improvement.
Paragraph 12 of the Agreement states:
"Should the Board acquire property, real or personal, as
a result of this joint exercise of power, said property
shall be returned in proportion of the contributions of
the municipalities in the town at the termination of this
Agreement."
� I
This coincides with Minnesota Statutes S471.59, Subd.5, which
requires each joint powers agreement to:
"provide for the disposition of any property acquired as
the result of such joint or cooperative exercise of
powers, and the return of any surplus monies in
proportion to contributions of the several contracting
parties after the purpose of the Agreement has been
completed."
Although there is no specific statement as to how the Joint Board,
or the Members, would own or control the water and sewer
facilities, the above cited sections of the Agreement and the
statute, would indicate that it is possible for the Joint Powers
Board to obtain or own personal property during the existence of
the Joint Powers Board. When, and if, the Joint Powers Board is
terminated, that property would go to the members in proportion to
their contributions.
Paragraph A. of the Operating and Authorization Agreement entered
into by the members states:
... "That the ...Board shall construct, maintain and operate
the water system and facilities described in and funded
pursuant to EDA Proj. No 06- 81- 00042, to which shall be
credited all gross revenue of the water system and facilities
out of which shall be paid all necessary expenses of current
operations of the water system. ..."
The "EDA Proj." referred to does not encompass the •watermains
throughout the member jurisdictions and therefore, this cannot be
deemed to be a grant of authority for the Board to construct
watermains.
An amendment to the 0 & A Agreement, dated July 25, 1988, regarding
hook -up fees provides for a $200.00 connection fee to be
maintained in a separate account for expenditures on wells, pumps,
c I
1
Ma. Donna M. Kipka
Joint Powers Water Board
Page Three
Re: ownership & Repair of Water Mains
Our File Nos 2119 -001
•
towers and appurtenances only. It states that in no event shall
expenditures be made from the account for trunk or lateral water
mains, or house services.
The 1978 Lease Agreement between Albertville and the Joint Powers
Board designates the City of Albertville as the Lessor, and the
Joint Powers Board as the Lessee. This is a ninety-nine (99) year
Lease signed presumably November 1, 1978, although the date isn't
filled in there is a Schedule going from November lst, 1979 to
November 1st, 1998 for payments on the Lease. It appears that
Lease is only for the land on which a Water Tower is located, since
there is no mention of any facilities on the property, or any
improvements of any kind.
There also is a ninety -nine (99) year Lease with the City of St.
Michael as the Lessor, and the Joint Powers Board as the Lessee,
dated April 24, 1979. This Lease, however, contains both a
d property,
escri tion of the real and a sentence that states:
p
"Said Lease Agreement also covers and includes the Water
Tower, three (3) pumps, pumping equipment, control
devices and anoillary buildings located on the
aforementioned tracts."
In addition, this Lease also requires the Board to quietly yield
and surrender the premises in "as good condition and repair as when
Lessee took them, reasonable wear and tear and damage by the
elements alone excepted." It also states that if the property, or
building, or any part thereof, is damaged by fire, storm, etc. not
due to the negligence of the Lessee, the Lessor shall promptly
repair the damage and there shall be a corresponding abatement of
rent during the time, if any, the Leased Premises. have been
untenantable. If the property is damaged, in the Lessor's opinion,
beyond repair, the Lessor can elect not to make the repairs and the
Lease will be terminated and prorated, if necessary. In effect,
each of these documents reserves to the members, the authority for
the overall condition and disposition of the personal property that
is the subject of the documents.
In summary, reviewing the Agreement, neither a specific grant of
authority, nor an all powers grant, permitting the Board to
construct watermains throughout the member jurisdictions is present
(it is doubtful that an all powers grant is permitted for a joint
powers board). As to the other documents reviewed, while they may
display an intent to lease property such as a water tower, they too
appear lack the requisite authority for the Board to construct
watermains. Therefore, the only means by which the Board could
construct watermains, would be to amend the Agreement to permit
such action. If such an amendment is contemplated by the Board, it
•
1 i
i I
M. Donna M. Kipka
Joint Powers Water Board
Page Four
would be advisable to review the entire Agreement for amendment.
In one of our conversations, you also asked me to review the issue
of abutting charges for the Dehmers' property along Creek Side
Drive.
You informed me that: the Dehmers began developing their property
along the Board's watermain approximately two years ago; when the
watermain was built, this property was subject to the deferment
available in Paragraph C.4.b. as "Green Acres" property; in the
process of development, the Dehmers constructed another watermain
in the street Creek Side Drive, and they are now arguing that they
do not "abut" the Board's watermain, and therefore are not subject
to the charges set forth in Paragraph C.4. of the Operating and
Authorization Agreement, as amended January 4, 1978 (hereinafter
the "0 & A Agreement ").
I have reviewed the documents you forwarded to me and do not agree
with the Dehmers' assessment of the situation. Paragraph C.4.b. of
the 0 & A Agreement, provides in part that:
..."Property which is either subdivided or sold for
development purposes shall be subject to the contract charges
as the property develops." _
Thus, when the Dehmers began development of their property, it
became subject to the contract charges of the 0 & A Agreement. The
fact that a public street currently abuts the watermain, as a
direct result of the Dehmers' actions, in no way diminishes the
obligation of the Dehmers, upon development of the property, to pay
the charges due. Furthermore, although I have not examined title,
if Creek Side Drive is like most other public streets in Minnesota,
the public holds an easement to the street and the underlying fee
title remains in the owners of the property abutting the street.
Therefore, although the property in question happens to be subject
to a public street easement, it still abuts the watermain and in no
way serves to insulate the property from the "abutting" charges.
As to the argument that the DNR would not permit access across the
creek to the watermain along the entire frontage of the property,
it is my understanding that the watermain placed by the Dehmers
does, in fact, connect into the Board's watermain and therefore,
the property in question does benefit from the Board's watermain.
i i
If you have any questions regarding this letter, lease feel free p
to contact me.
sincerely,
Peter M. Schaub
HOFF, BARRY & KUDERER, P.A.
: s
•
469,096 ECONOMIC DEVELOPMENT 1040
469.095 COMMISSIONERS; APPOINTMENT, TEEMS, VACANCIES, PAY,
REMOVAL.
Subdivision 1. Commissioners. Except as provided in subdivision 2, paragraph (d),
} an economic development authority shall consist of either three, five, or seven commis-
sioners who shall be appointed after the enabling resolution provided for in section
469.093 becomes effective. The resolution must indicate the number of commissioners
constituting the authority.
Subd. 2. Appointment, terms; raanciea. (a) Three- member authority: the commis-
' sioners constituting a three- member authority, one of whom must be a member of the '
city council, shall be appointed by the mayor with the approval of the city council.
Those initially appointed shall be appointed for terms of two, four, and six years,
respectively. Thereafter all commissioners shall be appointed for six -year terms.
(b) Five - member authority: the commissioners constituting a five - member author-
ity, two of whom must be members of the city council, shall be appointed by the mayor
with the approval of the city council. Those initially appointed shall be appointed for
terms of two, three, four, five, and six years respectively. Thereafter all commissioners
shall be appointed for six -year terms.
(c) Seven-member authority: the commissioners constituting a seven- member
authority, two of whom must be members of the city council, shalt be appointed by the
mayor with the approval of the city council. Those initially appointed shall be
appointed for terms of one, two, three, four, and five years respectively and two mem-
bers for sic years. Thereafter all commissioners shall be appointed for six -year terms.
(d) The enabling resolution may provide that the members of the city council shall
serve as the commissioners.
(e) The enabling resolution may provide for the appointment of members of the
city council in excess of the number required in paragraphs (a), (b), and (c).
• (t) A vacancy is created in the membership' of an authority when a city court
member of the authority ends council membership. A vacancy for this or another rea-
son must be filled for the balance of the unexpired term, in the manner in which the
original appointment was made. The city council may set the term of the commission -
ers who are members of the city council to coincide with their term of office as members
of the city council.
Subd. 3. Increase in commission members. An authority may be increased from
three to five or seven members, or from five to seven members by a resolution adopted
by the city council following the procedure provided for modifying the enabling resolu-
tion -.1 ion 469.093.
Subd. 4. Compensation and reimbursement. A commissioner, including the presi-
dent, shall be paid for attending each regular or special.meeting of the authority in an
amount to be determined by the city council. In addition to receiving pay for meetings,
the commissioners may be reimbursed for actual expenses incurred in doing official
business of the authority. All money paid for compensation or reimbursement must be
paid out of the authori 's budget.
u . 5. Removal for cause. A commissioner may be removed by the city council
for inefficiency, neglect of duty, or misconduct in office. A commissioner shall be
removed only after a hearing. A copy of the charges must be given to the coz aaissioner
at least ten days before the hearing. The commissioner must be given an opportunity
to be heard in person or by counsel at the hearing. When written charges have been sub-
mitted against a commissioner, the city council may temporarily suspend the commis-
sioner. If the city council finds that those charges hive not been substantiated, the
commissioner shall be immediately reinstated. If a commissioner is removed, a record
of the proceedings, together with the charges and findings, shall be filed in the office of
the city clerk.
History: 1987 c 291 s 96
c O d S 3 I Z I 0 NH SO 3rlDtl3'I * M'crL Z: T T 1'6 "OT 'SO
MEMORANDUM
TO: Dale Powers, City Administrator
City of Albertville
FROM: Bob Robertson f
Rieke Carroll Muller Associates, Inc.
RE: MLDCO First Addition
RCM Project No. 10238.01
DATE: March 15, 1994
On Friday March 11, 1994, I reviewed the proposed MLDCO First Addition with Bernard Marx and
visited the site with him. The following items were discussed while at the site with Mr. Marx:
1. The water service for proposed Lot No. 3 was found in the sidewalk about 6- inches
in back of the curb. It seems likely that two or more sidewalk panels will have to be
replaced when connecting up to the sewer and water for Lot No. 3.
2. The water service locations for Lots No. 1 and 4 appear to be located 13 to 15 feet
from the curb and may not provide a problem in connecting the services at these lots.
3. Mr. Marx indicated he had several alternatives in mind for drainage of the property.
They are different from that shown on the preliminary plat presented at the last
council meeting. I told Mr. Marx that he should determine how he wants to grade
the property and have his surveyor /engineer indicate that on his preliminary plat he
requests the City to approve.
4. I indicated to Mr. Marx that the grading plan as submitted to the city council would
have to be revised to direct run -off away from the proposed house on Lot 4 and also
on Lot 3 with regard to run -off coming from Lot 2.
5. Mr. Marx indicated that he would meet with his surveyor and have a revised drawing
made to submit to the City.
c: Bernard Marx
Route 2, Box 89
Sandstone, MN 55072
Michael C. Couri
City Attorney
Edgewood Professional Building
705 Central Ave. East
St. Michael, MN 55376
CITY OF APPLICATION FOR
ALBERTVILLE PLANNING REQUEST
/
.
Escrow
_/.. • e?
Basic Fee Deposit
Date Filed CITY OF ALBERTVILLE
P.O. BOX 131 VO d"...
MN
ALBERTVILLE, 55301 $
Receipt No. 612/497-3384
Received By
Applicant's Name: tILI)L ti /4 L ,
/,--,
Address: /
il / /-- CA , -
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7 a
Phone (Day) : .., " /- _ ,.„, • ;
. / , _ _
/.,' / i' ./ / 3
k ,"; 7' . 1 /,'1' 7 / 9 i /-, /, Itizi /4
,.. —Street Location of Property: /)1 ' '' i 1 t l" i''` - ) :
.
7
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- Legal Description of Property: 17 i ; / - / . . : 7 ' 7 / / - A 7_ i
9
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/ 1 4 " ) *-- ' )
Property ID Num / 5 ber: - L ) 1 , ) 7 1.
Zoning (Current): /1
(Proposed) : I —?
Request :
Variance Subdivision
Rezoning Minor Subdivision
Conditional Use Permit Preliminary Plat
Interim Use Permit Final Plat
Other (Please Describe) :
I
Does Applicant have 100 percent ownership interest in property?
Yes
No
If not, list other owners and nature of legal or equitable interest
of applicant (documentation must be attached):
[ l \ !/
Description of Request : Pfrt ` A, /4 N ? / / f / l 4 - L.
Reason for Request:
Why Should Request be Granted?
Nature of Facility /Business : � C % j ` ° `/ ') / " L ,
Applicant understands that s /he and /or landowner(s) shall be liable
for all costs incurred by the City of Albertville in processing
this application, including engineering, planning, attorney,
inspection, publication, other fees and expenses. Applicant and /or
landowner must pay all such fees and expenses within thirty (30)
days of billing by the City. Applicant and landowner agree that if
applicant or landowner fail to pay said fees and expenses within
thirty (30) days of billing, the City is hereby authorized to
specially assess said fees and expenses against the property upon
2
4
.. t r
which this application is submitted. Applicant acknowledges that
the above fees and expenses shall be in addition to Sewer Access
Charges, Water Access Charges, Building Permit Fees, Subdivision
Fees, and other fees which may by law or ordinance apply. The city
has the right to require additional escrow amounts and payment when
necessary.
SIGNED:
// 'Y j // f f �
I� l am. a � `! � .�
Fee Owner Contract for Deed'Owner
t �� / 7/
Other Owner in Chain of Title Purchaser by Pi v ,.eme t
.. , f r f(3,1 »fr f/
r
Other Owner in Chain of Title Applicant Other Than Owner
FOR CITY USE ONLY
Evidence of Ownership Submitted: Yes No Required
Certified Lot Survey: ✓ Yes No Required
Legal Description Adequate: ,/ Yes No
Publication Required: 1 7 Yes No
Date of Planning Commission Hearing: -9 - 91
Approved Denied By Planning Commission on:
Approved Denied By City Council on:
Subject to the following conditions:
•
3
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M E M
TO: PLANNING COMMISSION
FROM: ANN CULLEY
DATE: February 18, 1994
This is to advise you that the next meeting of the Planning
Commission will be on THURSDAY, February 24, 1994, at 7:00 PM. The
meeting was rescheduled for this date due to publication time
frames necessary for a public hearing to be held on Bernard Marx'
request for preliminary plat approval.
As you have no doubt noticed, there is no agenda attached to
this memo. The agenda and supporting documentation is ready,
however, the copy machine is not working and the repairman will
probably not get here today. City Hall is closed on Monday for
President's Day, therefore the copy machine will not be fixed until
sometime on Tuesday.
Due to the unhealthy state of the copy machine, I will have
your agenda packets ready for you on Thursday night when you come
to the meeting. I apologize for any inconvenience this may cause
you.
M E M
TO: PLANNING COMMISSION
FROM: ANN CULLEY
DATE: February 18, 1994
This is to advise you that the next meeting of the Planning
Commission will be on THURSDAY, February 24, 1994, at 7:00 PM. The
meeting was rescheduled for this date due to publication time
frames necessary for a public hearing to be held on Bernard Marx'
request for preliminary plat approval.
As you have no doubt noticed, there is no agenda attached to
this memo. The agenda and supporting documentation is ready,
however, the copy machine is not working and the repairman will
probably not get here today. City Hall is closed on Monday for
President's Day, therefore the copy machine will not be fixed until
sometime on Tuesday.
Due to the unhealthy state of the copy machine, I will have
your agenda packets ready for you on Thursday night when you come
to the meeting. I apologize for any inconvenience this may cause
you.
4
DEVELOPER'S AGREEMENT
City of Albertville
MLDCO First Addition
THIS AGREEMENT, entered into this / day of April, 1994 by
and between MLDCO, Inc., a Minnesota Corporation, and Orchard
Development, a limited partnership, 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 MLDCO First Addition, hereinafter be
referred to as the "Subject Property" or "Said Plat "; and
WHEREAS, the City has given preliminary approval of
Developer's plat of MLDCO First Addition contingent upon compliance
with certain City requirements including, but not limited to,
matters set forth herein; and
WHEREAS, the Developer will be accessing certain public
utilities owned and operated by the City; and
WHEREAS, the City 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 pond, and other site - related items, and
which improvements to the Subject Property shall be referred to
herein as "Escrow Items "; 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:
1
mADR
1. On and Off -Site Improvements: Surety.
A. Developer shall perform all on- and off -site improvements
(also referred to as "Escrow Items ") including
installation 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, and like
items as necessary, street cleanup during project
development all as detailed in attached Exhibit "B ".
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 if possible, 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;
C. Developer shall follow all procedures required by the
City engineer in making connection to the water system,
the sanitary sewer system and the storm sewer system.
D. For those improvements listed in Paragraph 1A and 1C
above, Developer will provide the City with cash,
irrevocable letter of credit or other satisfactory surety
in the sum of $5,600 which represents 75% of the
estimated cost of the installation and completion of said
items. The said surety shall be a guaranty to the City
that with the exception of boulevard improvements (sod,
trees, driveway approaches), the construction and
completion of the Escrow Items by the Developer, to the
City's satisfaction, will be completed on or before June
1, 1996.
E. 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.
2
WeR
F. That portion of said cash, irrevocable letter of credit,
or other surety with respect to the performance of on-
and off -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. Periodically, as
payments are made by the Developer for the completion of
portions of the items described under "Escrow Items," and
when it is reasonably prudent, the Developer may request
of the City that the surety be reduced for that portion
of the Escrow Items which have been fully completed and
payment made therefor. 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.
2. Surety Deficiency. 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 pay or
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.
3. Developer 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, and that these costs shall be assessed against the
subject property if not paid by Developer within thirty days
of billing from the City.
4. Grading /Erosion and Siltation Control.
A. Before any grading is started on any site, all erosion
control measures as shown on the approved grading /erosion
control plan shall be installed and strictly complied
with as set forth in Exhibit "C ", which is hereto
attached and herein incorporated by reference. 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 one above.
3
VVCITI
c
5. 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 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, and 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
the surety described above.
6. 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 necessary work pursuant to this agreement.
7. Miscellaneous.
A. If any portion, section, subsection, sentence, clause,
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.
B. 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.
C. 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
4
WOR
execute and deliver to the Developer a release.
D. All 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.
8. Draw on Expiring 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
irrevocable letter of credit shall be approved by the City
Attorney prior to its issuance.
9. 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, 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 Petition
Items and on- or off -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 9 shall not apply to any acts or rights of the
City under paragraph 8 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
5
e
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.
10. Park Dedication. Developer agrees to pay the City $510.00
($170 x 3 lots) in satisfaction of the City's park dedication
requirements for this plat.
11. Indemnity. Developer shall hold the City and its officers and
employees harmless from claims made by Developer and third
parties for damages sustained or costs incurred resulting from
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 pay or incur in consequence of
such claims, including attorney's fees. Third parties shall
have no recourse against the City under this contract.
12. Developer Personally Bound by 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
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.
13. 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
Developer:
MLDCO, Inc.
Route 2
Box 89
Sandstone, MN 55072
6
tt
14. Agreement Effect. This agreement shall be binding upon and
extend to the representatives, heirs, successors and assigns
of the parties hereto.
CITY OF ALBERTVILLE,
By 40174
Its May
Its C erk /
DEVELOPER,
CivrN!
Clemens Mar
As General Partner of
Orchard Development, a
Limited Partnership
e -eAkta
Bernard Marx, I dividually
MLDCO, INC.
C
By: Bernard Ma x
President
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT
The foregoing instrument was acknowledged before me this
ZI day of April, 1994, by Michael Potter 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.
LaNetta M. Van Dale Notary Public
!a NOTARY PUBLIC — MINNESOTA
WRIGHT COUNTY
My Commission Expires June 29, 1904
7
WeR
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
2-1 day of April, 1994, by Linda Houghton, 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.
L7Netta M. Van Dale Voe _
1 !) t .Y PUBLIC- MINNESOTA Notary Public
\. 1 ;;IGHT COUNTY
v My Commission Expires June 29, 1994
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
2-1 day of April, 1994, by Bernard Marx, individually and
a ' -_ :•ent of MLDCO, Inc.
" °• •w LaNetta M. Van Dale
!i NOTARY W C - MINNESOTA Gi " 4 /l� n
WRIGHT IGHT COUNTY %YY L (/ �y__
. My Commission Expires June 29. 1994 Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
2 - 1 day of April, 1994, by Clemens Marx, as general partner
of Orchard Development Limited Partnership.
4:::7 LaNetta M. Van ®ale
E � • NOTARY PU8UC- MINNESOTA
jaY WRIGHT COUN
Notary ublic
My Commission Expires June 29, 1994
_ y
8
EXHIBIT A
Proposed Legal Description of Proposed Plat of MLDCO First Addition:
Lots 1, 2, 3 and 4 of Block 1, MLDCO First
Addition, in the City of Albertville, County of
Wright, Minnesota.
Prior to lattin said property is described as:
P g. P P Y
That part of the South 11 rods of the North 16
rods of the East Half of the Southwest Quarter
of Section 1, Township 120, Range 24, Wright
County, Minnesota lying east of the following
described line: Commencing at the northeast
corner of said East half of the Southwest
Quarter, thence on an assumed bearing of North
88 degrees 57 minutes 35 seconds West along the
north line of said East Half of the Southwest
Quarter, a distance of 366.00 feet; thence
southerly along a nontangential curve, concave
to the east having a radius of 1060.54 feet and
a central angle of 4 degrees 27 minutes 42
seconds, a distance of 82.59 feet to the north
line of said South 11 rods of the North 16 rods
being the point of beginning of the line to be
described, the chord of said curve bears South
1 degree 11 minutes 26 seconds East; thence
continuing southerly along an extension of said
curve having a central angle of 2 degrees 41
minutes 19 seconds and a radius of 1060.54
feet, a distance of 49.76 feet; thence
southerly along a tangential curve concave to
the west, having a radius of 1218.15 feet and a
central angle of 6 degrees 13 minutes 37
seconds, a distance of 132.39 feet to the south
line of said North 16 rods of the East Half of
the Southwest Quarter and said line there
terminating.
9
NOTE: FINAL SITE GRADING & DRAINAGE SHALL
CONFORM TO GRADING PLAN
in o� 1
0
DRAINAGE AND
UTILITY EASEMENTS )
10.0
10.0 BUILDING
SETBACK LINES
5.0
•
•
TYPICAL HOME
DECDUOUS TREE
• o ;.
•
M, ice ( HARD SURFACE
>:'. — DRIVEWAY
R.O:W. o.
SODDED BOULEVARD_ / . CONCRf 1 E CURB AND GUTTER
Typical.Lot
No Scale
EXHIBIT B
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rU "1-, -()
o
T
-.---'"-)
i
/ c-/) ,z,tr., ( , .. , , , , ,
4 -g
1 /( (.: i '
‘ - _ ,,,i / • .
A ; V --1 '
�D '1 /
April 11, 1994
Mr. Bernard Marx
MLDCO
Route 2, Box 89
Sandstone, MN 55072
Re: MLDCO First Addition
Albertville, MN
Dear Mr. Marx:
The most recent grading plan for the above captioned plat will work and provides the
2 percent grades that are desirable. No change has been made at the south line of
Lot 4, that we discussed. Based on the elevations shown, drainage will flow toward
the house to be built on Lot 4 from Psyks pole barn area. A small swale would take
care of this matter.
I have enclosed a standard catchbasin to indicate the type of drainage structure to
rieke be used on the existing 18" storm sewer. Poured concrete bottom slab is required.
canon Great care should be used to cut and remove existing pipe after catchbasin is
mulier
associates, ed sections. completed. If pipe is damaged you will be required to replace the damaged associates, inc. P P�P g Y q P g
engineers
architects ors All excavated trenches for water and sewer hookups shall be backfilled with suitable
y material (no rocks, frozen chunks, peat etc.) and compacted in layers to prevent
equal opportunity settlement. In areas under sidewalks, backfill shall be compacted to 100% Standard
employer Proctor Density. Replace granular material under sidewalks in kind and thickness.
Concrete for sidewalk to be MnDOT Specification.
Please notify the City when pipe connections, catchbasin, backfilling and sidewalk
work will be done to allow for appropriate inspections of the work.
Sincerely,
"fp. _
Robert C. Robertson, '. .
RIEKE CARROLL MULLER ASSOCIATES, INC.
RCR/ka
Enclosure
c: Dale Powers, City Administrator
Mike Couri, City Attorney
10901 red circle drive •
box 130
minnetonka, minnesota 55343
612- 935 -6901
fax 612 - 935 -8814
1 .
Grout bottom of manhole to 1/2
diameter at pipe and slope grout
2" toward invert.
3 4,, • Manhole steps shall be placed
II Flow / so so that offset vertical portion
-� I�.:- of cone is facing downstream.
NIII\ -;-:
;. •
Manhole frame 8 cover - Neenah
R approved equal
PLAN
Minimum of 2 maximum of 4 concrete
adjustment rings with full bed of mortar .14'):
c� �, between each. With internal manhole
1 • ' , chimney seal.
/ .1 "A" I, I.::: Manhole steps, Neenah R1981J
or equal, 16" on center.
Aluminum steps approved.
o
l All joints in manhole to have
; "0" ring rubber gaskets.
• - {.....: L '.
j • .
1 8"
r. 4' -0"
– 1
Pipe shall be cut out flush
N : , with inside face of wall.
_ `o = —_ NOTE: Kor –n –seal manhole or equal
gi
c onsidered acceptable alternate.
1 8" Precast segmental conrete block to
be built up to the top of the pipe, for
• • manhole with pipe over 24 " Plaster
• — ' :` ••• :• • exterior. Pree4st 1:76 Ito nit dy be use.c •
Minimum slab thickness, 6" for 14'
1.6: depth. Increase thickness 1" for
SECTION each 4' of depth greater than 14',
and reinforce with 6"x6" 10/10 mesh.
MICRI rieke r REVISIONS SHEET NO. 1
carrot! `
muger
I
associates, inc. STORM SEWER MANHOLE
architects • engineers • land surveyors , (OATE
1994
)(FILE NO. i
14kFIREST NATIONAL BAN
OF THE NORTH
■ With Offices in Askov & Kerrick
Sandstone, Minnesota 55072
Telephone 612- 245 -5261 Fax 612 -245 -5376
March 23, 1994 ; j
City of Albertville
RE: Irrevocable- Letter of Credit
To whom it may concern,
The First National Bank of the North of Askov, MN, has established
an Irrevocable Letter of Credit in favor of the City of Albertville
at the request of and for the account of Bernard Marx to the extent
of Five Thousand. Six Hundred and 00 /100 ($5,600.00).
This letter of credit will expire on the earlier of the following
dates: (1) June 1, 1996 (2) the date this bank makes full payment
of its obigation herein after the City has made demand therefor.
__S.in- erely,
../
homas R. Berg
Vice- President
First Nationa Bank of the North
State of Minnesota, County of Pine
The foregoing instrument was acknowledged before me this 23rd da
g g g o e is day
o - 1994, by Thomas R. berg of First National Bank of the
North, a U ited States Corporation, on behalf of the corporation.
N. ary P . .......r.""""..�....�
R O GER A. H
4..
NOTARY PUBl iC-f N A
t j
li
/
MLDCO (Paid $450.00)
Legal Planning Engineering
8/31/94 25.00 3/1/94 131.58 8/31/94 152.00
7/26/94 225.00 8/31/94 191.00
6/28/94 50.00 6/08/94 210.27
4/26/94 150.00 5/26/94 83.75
3/30/94 400.00 5/26/94 171.00
2/28/94 75.00 5/26/94 211.50
Total '94 925.00 131.58 1,019.52
Total '95 0.00 . 0.00 0.00
TOTAL 925.00 131.58 1,019.52
City Payments 2,076.10
•
Payment to City 450.00
Owing to City 1,626.10
.mot'
rte►
• tiam S. Radzwill RADZWILL LAW OFFICE
Attorneys at Law
705 Central Avenue East
Andrew J. MacArthur PO Box 369
Michael C. Court St. Michael, MN 55376
(612) 497 -1930
(612) 497-2599 (FAX)
August 31, 1994
City of Albertville
c/o Linda Houghton
5964 Main Ave N.E.
Albertville, MN 55301
RE: Professional Services Rendered -- MARX MLDCO
07/21/94 - -- Telephone conference with Pete 0.25
Carlson regarding Beehive to be
installed on Marx MLDCO property.
TOTAL TIME TO -DATE: 0 HOURS 15 MINUTES
0 HOURS 15 MINUTES @ $100 /HR = $ 25.00
TOTAL NOW DUE AND OWING: $ 25.00
® 113 S. FIFTH AVENUE. P O. BOX 1717, ST CLOUD, MN 56302 -1717 612 252 -4740 800 572 -0617
® ARCHITECTURE ENGINEERING • ENVIRONMENTAL • TRANSPORTATION
September 26, 1995 RE: Albertville, Minnesota
5476 Lander Avenue
Lot 1, Block 1, MLDCO First Addition
SEH No. A -ALBEV 9601.00
MLDCO, Inc.
c/o Bernie Marx
5476 Lander Avenue
Albertville, MN 55301
Dear Bernie:
I have reviewed the grading for the above referenced lot, and recommend that the grade at the
southeast property corner be raised approximately 6 inches. This will create a high point at the
property corner and provide good drainage to the north and south. The day I inspected the site,
there appeared to be adequate material on site to complete the grading as recommended.
Please call me if you have any other questions.
rely,
1 1 �
II .r ki
e er . on, P. .
City Engineer
djg
G:\AIBEV\CORR \OC- 02C.95
SHORT ELLIOTT
HENDRICKSON INC. Si PAUL, MN MINNEAPOLIS. MN CHIPPEWA FALLS, WI MADISON. WI
MEMORANDUM
ENGINEERS ■ ARCHITECTS ■ PLANNERS 113 S. FIFTH AVENUE, PO BOX 1717, Si CLOUD, MN 56302 -1117 612 252 -4740 800 572-0617
TO: Garrison Hale
City Administrator
Albertville, MN
FROM: Peter J. Carlson, P.E.Q-,
City Engineer ��
DATE: May 30, 1995
RE: 5476 Lander Avenue
Lot 1, Block 1, MLDCO First Addition
SEH No. A -ALBEV 9501.00
The home owners of the above - referenced project called last week concerned about the grading
of the rear of their lot. The owners indicated that the developer informed them that it is the
home owners responsibility to grade the lot so that it will drain to a catch basin at the northeast
corner of the lot. The home owners further indicated that there was nothing in the purchase
agreement requiring them to grade their lot as mentioned above.
I have reviewed the developer's agreement and the grading plan for MLDCO First Addition. The
grading plan shows a catch basin to be installed at the northeast corner of Lot 1, and the rear
of Lot 1 to be graded to drain to the proposed catch basin. The developer's agreement indicates
it is the developer's responsibility to complete the drainage improvements as shown on the
grading plan. The developer provided the City with a letter of credit in the sum of $5,600 which
guarantees the improvements will be completed as shown on the grading plan.
To date, grading of the lots is not complete. The developer should be informed that MLDCO
First Addition improvements have not been completed according to the plan, and that it is his
responsibility to complete the work.
Please call me if you have any questions.
djg
c: Linda Houghton, City Clerk
Mike Couri, City Attorney
G:IAIBEV \CORR\MY- 30A.95
SHORT E
HENDRIC■SON INC ST P4UL, MN CHIPPEI A FALLS i',. MADISON. WI
illiam S. Radzwill RADZWILL LAW OFFICE
Attorneys at Law
705 Central Avenue East
Andrew J. MacArthur PO Box 369
Michael C. Couri St. Michael, MN 55376
(612) 497 -1930
(612) 497 -2599 (FAX)
July 26, 1994
City of Albertville
c/o Linda Houghton
5964 Main Ave N.E.
Albertville, MN 55301
RE: Professional Services Rendered -- MARX MLDCO
06/28/94 - -- Telephone conference with Bob 0.50
Robertson regarding Marx Beehive
Drainage installation.
07/05/94 - -- Telephone conference with Bob 0.50
Robertson, Bernard Marx and Dale
Powers regarding installation of
Beehive drainage structure on Marx
property.
07/12/94 - -- Telephone conference with Bernard 0.25
Marx regarding Beehive to be
installed and potential
contribution of Dundee Nursery as
an adjoining property owner.
07/15/94 - -- Telephone conference with Dale 0.25
Powers regarding Marx Beehive
Installation.
07/18/94 - -- Telephone conference with Bernard 0.25
lan
Marx regarding MLDCO drainage p
and change of same.
City of Albertville
RE: Professional Services Rendered -- MARX MLDCO
July 26, 1994
Page 2
07/18/94 - -- Attend Albertville City Council 0.50
meeting to discuss Marx MLDCO
drainage situation.
TOTAL TIME TO -DATE: 2 HOURS 15 MINUTES
2 HOURS 15 MINUTES @ $100 /HR = $ 225.00
TOTAL NOW DUE AND OWING: $ 225.00
dtiam S. Radzwill 441 RADZWILL LAW OFFICEll
Attorneys at Law
705 Central Avenue East
Andrew J. MacArthur PO Box 369
Michael C. Couri St. Michael, MN 55376
(612) 497 -1930
(612) 497 -2599 (FAX)
June 28, 1994
City of Albertville
c/o Linda Houghton
5964 Main Ave N.E.
Albertville, MN 55301
RE: Professional Services Rendered -- MARX MLCDO
06/20/94 - -- Attend Regular Council Meeting to 0.50
discuss Marx drainage issues.
TOTAL TIME TO -DATE: 0 HOURS 30 MINUTES
0 HOURS 30 MINUTES @ $100 /HR = $ 50.00
TOTAL NOW DUE AND OWING: $ 50.00
flan: S. Radzwill RADZWILL LAW OFFICE
Attorneys at Law
705 Central Avenue East
Andrew J. MacArthur PO Box 369
Michael C. Couri St. Michael, MN 55376
(612) 497 -1930
(612) 497 -2599 (FAX)
April 26, 1994
City of Albertville
c/o Linda Houghton
5964 Main Ave N.E.
Albertville, MN 55301
RE: Professional Services Rendered -- MARX MLCDO
04/04/94 - -- Conference with Bernard Marx 0.75
regarding MLCDO plat approval;
revise Developer's Agreement to
reflect proper Letter of Credit
amounts and parties to be signing
same; examine Title Opinion
provided by Bernard Marx.
04/11/94 - -- Telephone conference with Bob 0.25
Robertson regarding Marx MLCDO plat
grading and drainage plan.
04/13/94 - -- Prepare Marx Developer's Agreement. 0.50
TOTAL TIME TO -DATE: 1 HOUR 30 MINUTES
1 HOUR 30 MINUTES @ $100 /HR = $ 150.00
TOTAL NOW DUE AND OWING: $ 150.00
am S. Radzwill (
,t RADZWILL LAW OFFICE'
Attorneys at Law
705 Central Avenue East
Andrew J. MacArthur PO Box 369
Michael C. Couri St. Michael, MN 55376
(612) 497 -1930
(612) 497 -2599 (FAX)
March 30, 1994
City of Albertville
c/o Linda Houghton
5964 Main Ave N.E.
Albertville, MN 55301
RE: Professional Services Rendered -- MARX MLCDO
03/07/94 - -- Telephone conference with Bernard 0.50
Marx regarding MLCDO Subdivision.
- -- Review Subdivision Ordinance in 0.25
relation to Marx's platting of
MLCDO Subdivision.
- -- Attend Regular Council Meeting to 0.25
discuss preliminary plat and
Developer's Agreement items for
MLCDO plat.
03/11/94 - -- Telephone conference with Bernard 0.25
Marx regarding Developer's
Agreement.
03/14/94 - -- Begin preparing Developer's 0.25
Agreement.
03/16/94 - -- Telephone conference with Thore 0.25
Meyer and Bob Robertson regarding
Marx sewer installation and amount
of Letter of Credit.
- -- Prepare Marx's Developer's 1.25
Agreement.
- -- Telephone conference with Bernard 0.50
Marx regarding Developer's
Agreement.
City of Albertville
RE: Professional Services Rendered -- MARX MLCDO
March 30, 1994
Page 2
03/21/94 - -- Preparation for upcoming meeting 0.25
and general review of Developer's
Contract for Marx.
- -- Telephone conference with Bob 0.25
Robertson of RCM and Bernard Marx
regarding amount needed for Letter
of Credit for Marx Subdivision.
TOTAL TIME TO -DATE: 4 HOURS 00 MINUTES
4 HOURS 00 MINUTES @ $100 /HR = $ 400.00
TOTAL NOW DUE AND OWING: $ 400.00
411P
,,411 RADZWILL LAW OFFICE
Attorneys at Law
705 Central Avenue East
, MacArthur PO Box 369
C. Couri St. Michael, MN 55376
(612) 497 -1930
(612) 497 -2599 (FAX)
vi
February 28, 1994
City of Albertville
c/o Linda Houghton
5964 Main Ave N.E.
Albertville, MN 55301
RE: Profession Services Rendered -- MARX MLCDO
02/08/94 - -- Telephone conference with Ann Cully 0.25
regarding Marx MLDCO Preliminary
Plat and status of same.
02/25/94 - -- Telephone conference with Bernerd 0.50
Marx regarding preliminary and
final plat approval, utility
drawings needed for Council Meeting
and Developer's Agreement for
subdivision of property.
TOTAL TIME TO -DATE: 0 HOURS 45 MINUTES
0 HOURS 45 MINUTES @ $100 /HR = $ 75.00
TOTAL NOW DUE AND OWING: $ 75.00
INVOICE
N orthwest 5775 Wayzata Blvd Suite 555
0 � Associated St. Louis Park, MN 55416
Consultants, inc. (612) 595 -9636
City of Albertville Date: March 1, 1994
City Administrative Offices Job No: 163.06
P.O. Box 131 Invoice No: 5147
Albertville, MN 55301
Attn: Linda Houghton
HRS. RATE DESCRIPTION AMOUNT
Fee for professional services rendered during the month of February
1994 with regard to TECHNICAL ASSISTANCE - PRIVATE PROJECTS.
94.01 - Marx (MLDCO) Preliminary Plat
Planner /Analyst (E.S.)
3.2 37.50 2/06/94 Review and preparation of planning report. 120.00
.1 27.50 Secretarial 2.75
Photocopies 3.00
Communication Expenses 5.83
TOTAL AMOUNT DUE THIS INVOICE $131.58
PAYABLE UPON RECEIPT
No.
INVOICE
a
3535 VADNAIS CENTER DRIVE. 200 SEH CENTER, ST PAUL. MN 55110 612 490- 2000 500 325 -2055
ARCHITECTURE • ENGINEERING • ENVIRONMENTAL • TRANSPORTATION
August 31, 1994
Invoice No. 24257
Project No. AALBEV9501.00
CITY OF ALBERTVILLE
ATTN: LINDA HOUGHTON
CITY CLERK
PO BOX 131
ALBERTVILLE MN 55301
For: CITY ENGINEERING SERVICES
Professional Services for the period ending July 31, 1994
Hours Rate Amount
REVIEWED DRAINAGE ISSUES WITH BERNIE MARX
SR. CIVIL ENGR 2.0 76.00 411 152.00
REVIEWED DRAINAGE PROBLEMS ALONG BECKER PROPERTY
BETWEEN 50TH AND 51ST STREETS
SR. CIVIL ENGR 1.0 76.00 10 76.00
ATTENDED MEETING WITH AFFECTED PROPERTY
OWNERS REGARDING BARTHEL INDUSTRIAL PARK
VI�V 1V Liit.7 L<P.�VL"1tCL 11V lJ DL'�i�.117L'L 11VLVSllt lt'�L Y�i�l`
SR. CIVIL ENGR 3.0 76.00` 228.00
REVIEWED PSYK'S 6TH ADDITION DRAINAGE PLAN AND
HOW IT AFFECTED THE MARX PROPERTY
SR. CIVIL ENGR 2.0 76.00 \')
152.00
ADMIN TECHNICIAN 1.0 39.00 39.00
REVIEWED PARKSIDE ADDITION DRAINAGE PLAN
SR. CIVIL ENGR 2.0 76.00 152.00
KENCO DRAINAGE
SR. CIVIL ENGR 0.5 76.00 ✓\\ 38.00
TOTAL NOW DUE & PAYABLE $ 837.00
SHORT ELLIOTT
HENDRICKSON INC. MINNEAPOLIS. MN ST CLOUD. MN CHIP ?E1VA FALLS. WI ",94DISON 04
June 8, 1994
Ms. Linda Houghton, City Clerk
City of Albertville
City Hall
Albertville, MN 55301
RE: Breakdown of Engineering Billings
RCM Projects Nos. 10238.01, 10271.01, 10272.01
Dear Linda:
Our billings for May are broken down as follows:
Invoice No. 10238.01
Amount Description
rieke $523.76 Psyk's 6th Addition, review drainage proposal, meet with T. Meyer
carroll and Psyk
mulier
associates, inc. 150.00 Backyard drainage problem on 54th
en ineers 210.27 B. Marx drainage
a surveyors 12.22 Reproduce city copies of Psyks and Marx development plans
$896.25
equal opportunity
employer Invoice No. 12201
$150.00 Barthel Industrial Drive Feasibility Report
Invoice No. 12200
$150.00 Westwind Park Wetlands Study
If you have any questions please call.
Sincerely
Robert C. Robertson, P.E.
RIEKE CARROLL MULLER ASSOCIATES, INC.
RCR/ka
10901 red circle drive
box 130
minnetonka, minnesota 55343
612 - 935 -6901
fax 612- 935 -8814
May 26, 1994
Ms. Linda Houghton, City Clerk
City of Albertville
City Hall
Albertville, MN 55301
RE: Breakdown of Engineering Billings
RCM Project No. 10238.01
Dear Linda:
As you requested I have broken down our billings to the City to the best of my
ability and the results are shown below. We have billed you three times and the
information should bring you up to date. In the future we will send a breakdown
along with our monthly billing so that you will have it for your records.
February
$46.25 Contact with Wright County Engineer by letter on County Roads 19
rieke and 37.
carroll
muller
associ ates, inc. $83.75 Review Marx MLDCO First Addition and comment letter.
associates,
enqsneers
architects $83.75 Review Otsego Creek cleaning, contact MnDOT Hydraulics Engineer
and surveyors on participation in cleanout. Memo to Mike Potter/Linda Houghton.
equal opportunity
employer $17.50 Copy and mail sewer use and service charge ordinance to Linda
Houghton and Mike Potter.
$49.75 Prepare easement for drainage construction and maintenance on 50th
e
St t. r e
$281.00 Invoice No. 12059
March
$170.30 Meeting with Wayne Fingalson, 3/14/94, Wright County Engineer
regarding County Roads 19 and 37 at City Hall.
$171.00 Meet with B. Marx on MLDCO First Addition and memo to Dale
Powers and Mike Couri regarding drainage etc. Review developer
agreement.
$341.30 Invoice No. 12118
10901 red circle drive
box 130
minnetonka, minnesota 55343
612- 935 -6901
fax 612- 935 -8814
Ms. Lindy oughton
May 26, 1994
Page 2
April
$797.88 Review video tape of I94 crossing, and plot casing to scale, determine
if useable for watermain crossing. Attend meeting at City Hall with
planner and affected parties on project.
$412.60 PSYK's 6th Addition utility and street plan and specification review
and memo.
$150.00 View and review L &D Trucking culvert needs at parking area.
$211.50 Review revised MLDCO grading plan.
$37.50 View proposed stop sign locations.
$1,609.48 Invoice No. 30485
I hope this breakdown will be adequate for your needs. Please call me if you have
any questions.
Sincerely,
- t CL obertson, P.E.
-tIEKE CARROLL MULLER ASSOCIATES, INC.
RCR/ka
I I
CONTRACT FOR DEED For Ni). 56 -M Minnesota Uniform Conveyancing Blanks (1978) Miller-Davis C o., M inneapolis
Curporetlea or Partnership Seller
I
No delinquent taxes and transfer entered; i
Certificate of Real Estate Value
( )filed ( )not required
_,19 .
County Auditor
By Deputy
a
(reserved for recording data)
•
MORTGAGE REGISTRY TAX DUE HEREON:
$
(reserved for mortgage registry tax payment data) January 24 19 94
Date:
THIS CONTRACT FOR DEED is made on the above date by Orchard Development
a Limited Partners r the laws of Minnesota
Seller, and MLDCO, INC.
, Purchaser (whether one or more).
Seller and Purchaser agree to the following terms:
1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys, real property in
Wr i qht County, Minnesota, described as follows:
Beginning five rods south of the Northeast corner of the
Southwest Quarter, of Section One, in Township One Hundred
Twenty, of Range Twenty -Four; thence running south on the
north and south quarter line, of said Section, township and
range, eleven rods; thence west parallel with the east and
west quarter line of said section, eighty rods; thence north
eleven rods; thence east eighty rods to the point of beginning,
all in Section 1, in Township 120, of Range 24.
` � C �
�C
C
tc-'�ptifi�y r L 1
f< ei
CITY OF ALBERTVILLE
NOTICE OF PUBLIC HEARING
PRELIMINARY PLAT
MLDCO FIRST ADDITION
To Whom It May Concern:
Notice is hereby given that the Planning and Zoning Commission
of the City of Albertville, Wright County, Minnesota, will meet in
the Council Chambers of the Albertville City Hall, 5975 Main Avenue
NE, Albertville, Minnesota 55301, the 24th day of February, 1994,
at 7:0n PM to hear, consiJe7 and ;ass upon all wr _r_r o' al
object if any. to the proposed plating of property oral
ti cpo ed by '4L7 �.1 _ _ pe _ y c i s i b
That tia7 - t of the South rods of the North 16 rods of
the East ia_- of the Southwest Quarter of Section 1,
Township 120, Range 24, Wright County, Minnesota lying
east of the following described line: Commencing at the
northeast corner of said East Half of the Southwest
Quarter, thence on an assumed bearing of North 88 degrees
57 minutes 35 seconds West along the north line of said
East Half of the Southwest Quarter, a distance of 366.00
feet;thence southerly along a nontangential curve,
concave to the east having a radius of 1060.54 feet and
a central angle of 4 degrees 27 minutes 42 seconds, a
distance of 82.59 feet to the north line of said South
11 rods of the North 16 rods being the point of beginning
of the line to be described, the chord of said curve
bears South 1 degree 11 minutes 26 seconds East; thence
continuing southerly along an extension of said curve
having a central angle of 2 degrees 41 minutes 19 seconds
and a radius of 1060.54 feet, a distance of 49.76 feet;
thence southerly along a tangential curve concave to the
west, having a radius of 1213.15 feet and a central angle
of 6 degrees 13 minutes 37 seconds, a distance of 132.39
feet to the south line of: said North 16 rods and said
line there terminating. Containing 1.49 acres .
A _ 'cell moils c = . ' _7 _ i connect: :,__ wit:_ the
consideration o above men_ n d platting ale hereby requested
to M pres ai _. : eet ic t ma;_ their object ±'=rids , if any, to
said action.
Linda Houghton
City Clerk
Published in the Crow River News on Monday, February 14, 1994.
- , . . ,, 'v�d Y /
HOLKER LAW OFFICES 141 East Broadway. Suite 7
P.O. Box 128
Monticello, MN 55362
(612) 295 -3895
Attorney At Law: (612) 427 -7850 Metro
Kenneth M. Holker (612) 295 -3495 FAX
July 5, 1994
Mike Potter, Mayor HAND DELIVERED
City of Albertville
City Hall
Albertville, MN 55301
RE: Damages to Clemens Properties Land
Dear Mayor Potter:
of of
the direction i t the City As a direct result of construction activity h
A. Y done under
Albertville and their professional advisors, my clients, Clemens Properties, have suffered
direct damages in an amount in excess of $80,000.
In the estimated assessment chart for project 1991 -2 the property currently owned by
Clemens Properties was determined to be 81 acres consisting of 71.8 acres of buildable
land and 9.2 acres of wetland. As a result of the City's construction projects a culvert
was destroyed resulting in the damages to Clemens Properties. The wetlands have now
increased to 13.4 acres diminishing the buildable land value by $84,000. Water from a
City approved project by Psyck's contribute to this problem as well.
It would appear that given the existing depth of the City's sewer trunk line and the
resulting increase in costs my clients will have to hear to effectively tie into that line my
clients will suffer damages in excess of an additional $50,000 based on original estimates
as compared to current estimates.
I strongly advise all parties to meet and resolve the various development issues short of
protracted litigation.
Very truly yours,
HOLK R LAW OFFICES
1 ,
4 Kenne M. Holker
KMH:rmb
LET13 /021
1