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HomeMy WebLinkAboutEDA April 30, 1998 ;- , CITY of ANDOVER Special Economic Development Authority Meeting - Thursday, April 30, 1998 Call to Order - Following Board of Review and Special City Council Meetings held at 7:00 PM Approval of Minutes I. Commercial Park Covenants 2. WDE Tax Forfeit Site . . 3. . Other Business I CITY OF ANDOVER REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION \ ) DA TE: April 30, 1998 AGENDA SECTION ORIGINATING DEPARTMENT EDA Meeting ITEM NO. J ' Administration Richard Fursman Commercial Park Covenants Attached for your review is a copy of the revised Declaration of Covenants, Conditions and Restrictions for Andover Commercial Park 2nd Addition to be discussed at the meeting. \ i ) '\ j ) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR A.'iDOVER COMMERCIAL PARK 2ND ADDITION This Declaration is made as of**date** by the Andover Economic Development Authoritv (Andover ED A) City ef .^.!'H.isver, a bodv comorate and political Minnesota a Munieipal 6eIfloratisR (the "Declarant"). WHEREAS, Declarant is the owner of real property in the City of Andover, Anoka County, Minnesota, legally described as: All lots and blocks in the .^.NDOVER COMMERCL\L P.\RK 2ND ADDITION **insert legal description** and Declarant desires to submit said real property and all improvements on it (collectively called the "Property") to the provisions of this Declaration; and WHEREAS, Declarant desires to declare arid establish covenants, conditions, and restrictions which will benefit and burden the Property for the purpose of facilitating development of the Property and for the purpose of protecting and preserving the value and desirability of the Property. ,'\ " ) THEREFORE, Declarant declares that the Property, shall be owned, used, occupied and conveyed subject to the covenants, conditions and restrictions set forth in this Declaration, all of which shall be binding on all Persons owning or acquiring any right, title or interest in the Property and their heirs, personal representatives, successors and assigns. SECTION 1 DEFINITIONS 1.01 "Architectural Review Board" shall mean the board established pursuant to Section 3 of this Declaration (the "Board"). 1.02 "Building Site" shall mean any lot or portion thereof, or two or more contiguous lots, or portions thereof, or a parcel of land upon which an industrial, retail, **multiple familv housing** or office building or buildings and appurtenant structures may be erected, any part of which is subject to the terms of this Declaration. 1.03 "Declarant" shall mean the Andover Economic Development Authoritv City of .^.l1.dever. ') \ / 1.04 "Improvements" shall mean all structures and other construction on a lot or parcel for a use permitted by the zoning ordinance of the City of Andover, including, but not limited to, buildings, outbuildings, parking areas, loading areas, outside platforms Andover Commercial Park 2nd Addition Commercial Park CovenantsDraft Csventants , 2nd Draft~ April 28, 1998 Page 1+4 of 14 \ ) and docks, driveways, walkways, fences, lawns, landscaping, signs, retaining walls, screening walls, decks, poles, berms, swales and exterior lighting. 1.05 "Lot" shall mean a portion of the Property identified as a lot on a subdivision plat prepared in accordance with Minnesota Statutes, Chapter 505, and filed for recording in the Anoka County Recorder's Office. 1.06 "Occupant" shall mean any Person, other than an owner, in possession of a lot or parcel. 1.07 "Owner" shall mean the record owner of a lot or parcel, whether one or more persons, but excluding contract for deed vendors, mortgagees and other secured parties. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. 1.08 "Parcel" shall mean a tract of land separately described and identified as a "Parcel" within the Property. The covenants, conditions and restrictions in this Declaration which apply to each lot shall also apply to each parcel. '\ ) 1.09 "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real Property . 1.10 "Property" shall mean all of the real Property submitted to the provisions ofthis Declaration, including all improvements located on the real Property now or in the future. The Property as of the date of this Declaration is legally described as "\NDOVER COMMERCI}~L P.A~RK 2ND .\DDITION. as follows: 1.11 "Street" shall mean a portion of the Property dedicated to the public and shown as a street on a subdivision plat prepared in accordance with Minnesota Statues Chapter 505 and filed for recording in the Anoka County Recorder's Office. SECTION 2 STANDARDS FOR CONSTRUCTION AND MAINTENANCE \ \, ) 2.01 Minimum Standards The Minimum Standards for the construction, alteration and maintenance of improvements on the Property shall be those set forth by the City of Andover and any other governmental agency which may have jurisdiction over the Property. All improvements on the Property shall conform to the then existing building codes in effect for the City of Andover and shall be in compliance with all laws, rules and regulations of any governmental body that may be applicable, including without limitation, environmental laws and regulations. Where the following restrictive covenants are more stringent that the zoning ordinance, or other laws and regulations of Andover Cornmercial Park 2nd Addition Commercial Park CovenantsDraft Coyentants ,2nd Draft- April 28, 1998 Page ;?M of 14 'I , .I Entt:rtainment Blocks ':":'. Lots ':'* shall be designated for cntcrtainment uses including the following: · Theatres · Restaurants (with or without on sale liquor) · BowliHg .A.Iley · lIealth Club . B iIIiarcl HaIl · Private Clubs Lodgcs or Halls · Indoor Commcrcial Recreation 2.03 Excluded Uses The foIlowing uses and activities arc prohibited within the: Property: \ , ) · Contractors Yards · Lumber Yards · Home Improvcment\Building Supply · Garden'Lancbcape Center · Auto Related industries including sales and repair . Used ~[aterial Yard · Exposed open sales and storage · Unscreened outdoor storage of material · i\1anufacture. storage or sale of explosives or similar dangerous products . Tmcking Terminal v~~~ ~~~ ~J~ ~;J~. **THEME OF DEVELOPMENT** 2.04 Building Quality and Materials Each building located within the Property shall be built in a good and work-like manner with high quality. Erst-class building materials. The PUD requires that the development demonstrate a higher quality of architectural standards and site design. The design and location of buildings consrructed on a lot shall be attractive and shall compliment existing structures anclthe surl'('l!~'ding natural features and topography \\ith respect to height. design. finish. color. size a:'j location. The following standards shall be adhered: A) \lasonry material shall be used. Color shall be introduced through colored block or panels and not painted eiRcler block. B) Brick may be used and must be approved the Board to assure uniformity. \ / C) Block shall have a weathered face or be polished. fluted or broken 1~1ce. Andover Commercial Park 2nd Addition Commercial Park Covenants Draft COYBRtants . 2nd Draft- Apri128, 1998 Page ~.f.4 of 14 \ , the City of Andover or any other applicable government agency, the restrictive covenants contained in this Declaration shall govern and become the minimum standards by which the improvements and maintenance of them shall be controlled. 2.02 Permitted Use The permitted uses of the Property shall bc limitcd to community commercial. office. entertainment **multipIc family residential'?':"~. and officc \\"arehouse as detincd below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Architectural Review Board shall make that interpretation. Permitted uses shall be allowed on the different Blocks and Lots for which they are specified below. The Blocks and Lots specified below are those designated on the attached PUD plan. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified in the PUD plan. desirable Community Commercial Establishments engaged in commercial operations including rcrail trade and services and hospitality industries. Blocks "*. Lots """ as shown on the attached PUD plan shall be designated Community COI11l11crciat inchtdiRg the f-ollowing uses: The most uses shall include the following: , '1 J . Apparell and Clothing . Book Store . Food and Grocery Stores . Leather Goods . Photography Studio . Sporting Goods . Barber and Beauty Shop . Florist . Jewelry Store . Music Store . Optometrist Other Permitted uses shall inClude the following: \ · Antiques . An &: School Supplics · Barber Shops . Beauty Parlors · Bicycles . Books &. Stati81'lary · Candy . CaR'lsra &. Phote Supplies · Carpets &: Rugs . Catering Establishments · China &. Glass\vare . Christmas Trees · Clothes Pressing . Clothing &. Costume Rental · Custol11 Dressmaking . Department Stores · Drugs Pharmaceutical . Dry Foods . Electrical Saics & Repair . Flerist · Fooel . Furniture . Fmrier Shops . Bakeries · Gifts . Hardware · Hats . Hobby Shops · [Iotds . Therapeutic :..fassage Andover Commercial Park 2nd Addition Commercial Park CovenantsDrat't CO'ieRtants . 2nd Draft- April 28, 1998 Page J-M of 14 I '.l and \ , I " · Household ;\ppliances · Interior Decorating · Laundry 8.: Dry Cleaning Pickup . Lcather Goods . Locksmith Shop · Officc Supply & Equipment · Paint 8.: Wallpapcr Sales · Photography Swdios . Rcstaurant . Sporting Goods . Tobacco . Variety Storcs . Hotels . Jev{elry Sales &, Repair - LaBfldromat . Luggage . ',fusieal Instruments . Optometrists . PhoBograpR ReGords . Ser/iee StatioB . Shoes . Tailoring · Toys . Wearin; :\pfllM"el Office Establishments engaged in strictly office operations not requiring loading or warehousing facilities. Blocks H, Lots ** as shown on the attached PUD plan shall be designated for officc uses including the following: · Laeoratories, SeientifiG Research, InvestigatioH, or Testins Scientific Technologv Industries · Office and Administrativc Facilities . Financial Institutions · Conference Centers . Health and Dent:ll Care Facilities · [[otels and \fotels · Day Care Facilities . Veterinarv Hospital Ortice\\Varehouse Establishments engaged in operations requiring both office and warehousing facilities. Office space shall constitute ,,* % of floor area. Area designated for warehousing may not exceed ** squarc feet. There shall be negligible impact upon the surrounding environment by noise. vibration smoke. dLlst or pollutants. Blocks*'~. Lots ** as shown on the attached Pl'D plan shall be designated for office\\varchouse uses including the follu\ving: · Manufacturing. Fabrication. Compounding. Proccssing. Packaging. Trcatmcnt and ,\ssembly of Goods. Products and i'vlaterials . Wholcsaling and Warehousing facilities · Indoor limitcd retail sales accessory to office\manufacturing uses · Laboratories. Scientific Rescarch. Investigation. or Testing . Office and Administrative Facilities Andover Commercial Park 2nd Addition Commercial Park CovenantsDraft Ceventants. 2nd Draft- April 28, 1998 Page 1M of 14 / , \.... .. H) / \ ./ D) Concrete may be poured in place. tilt-up. pre-cast. and shall be finished in stone. textured. cOJted~ or painted. E) Metal siding is prohibited. except as an accenll11;lterialupon approval of the Arehitectur::ll Revie\\ Hoard. F) All accessory STructures shall be designal<::d to be compatible \viTh the primary structure. G) ,\Il roof mounted ("quipment sh;lll be screened b) \valls ofcol11paribk appearing material or eamoul1aged to bknd into the building or background. Wood screen fences are prohibited. All exterior process machinery. tanks. etc.. arc to be fully screened by compatible materials. Acceptable materials will incorporate textured surfaces. exposed aggregate and/or other patterning. All \valls shall be given adckd architectural interest through building design or appropriate landscaping. The buildings shall have varied and interesting detailing. . The use of large unadorned concrete panels and concrete block. or ,] solid wallunrclieved by architectural detailing such as changcin materials. change in color. lcnt:strations. or other significant visual rdief provided in a manner or intervals in keeping with the size mass. and scale of the wall and its views from public \vays shall be prohibited. Acceptable materials will incorporate texturt:d surfaces. t:xposed aggregate and/or other patterning. All walls shall be given added architectural interest through building cksign or appropriate landscaping. I) Each building shall conwin one or more pitebed roof elements depending on the scale and type of building, or other architectural trt:atmel1ts such as towers. arches. vaults. entryway projections. canopies and detailing to add additional interest and articulation to structures. J) There shall be no underdeveloped sides of buildings visible from public riglu-of-ways. All ekv::ltiol1s visibk ti'om the street shall receive nearly equal treatment and visllal qualitit:s. Windows shall be incorporated into areas that li-OI11 streets. sidewalks or trails. K) Other materials nwy be approved by the Board ifdetermil1ed to be in conformance witll existing design and character of the Property 2.05 Maintenance Each owner and occupant of a lot shall fully and properly maintain and repair the exterior of any structure located on sllch lot in such a manner as to '\ enhance the overall appearance of the Property. The exterior of all buildings and the parking, driving and loading areas shall be kept and maintained in a good state of repair at Andover Commercial Park 2nd Addition Commercial Park CovenantsDraft CeyeRtants . 2nd Draft- April 28, 1998 Page Q-M of 14 '\ \. ) all times and be adequately painted or otherwise finished in accordance with the guidelines established by the Board. All lots shall be kept free of debris of any kind and all landscaping must be kept in good repair. All landscaped areas shall be graded to provide proper site drainage. Landscaped areas shall be maintained in a neat condition, lawns moved and adequately watered in summer, neatly trimmed, and leaves raked. If at any time the Board determined that an Owner has failed to properly maintain its Lot, the Dec1arantef, following ten (10) days notice to the Lot Owner, shall have the right to maintain the Lot and assess such Owner a violation assessment equal to the costs of maintenance plus ten (10%) of such cost as an overhead charge. 2.06 Construction C,lnstruction or ;:tlteration of any iil1provenlents on a kIt sh;:tl; be diligently pursued and shall not remain in a partly finished condition any longer than is reasonably necessary for completion of the construction or alteration. The owner and occupant of any lot upon which improvements are constructed shall, at all times, keep the lot and streets, being utilized by such owner in connection with such construction, free from dirt, mud, garbage, trash or other debris which might be occasioned by such construction or alteration. \ I " / 2.07 Noxious Activities Uses \\hich are accompanied by an excess of nois..:. . vibration. dust. din. smoke. OdelL no\:ious gases. radiation. liquid wastes. glare shailnot be permitted. Noise. odors. smoke and particular matter shall not exceed local, state. and federal standards. Glare, whether directed or reflected, such as from spotlights or high temperature processes, as differentiated from general illwnination, shall not be visible beyond the lot line of the property from which it originates. 2.08 Temporary Structures 0:0 tcmporary building \,,' othcr temporary struetur..: sh;:tll be p..:rmitted 0", '111: lot: pro\.idecl. hO\\ev..:r that trailers. tCll1porar:. construction buildings. and thc iikc shall be permitted for construction purposes ,j'.iring the period of construction or alteration of a perl11;:tnent building. Such structures shall be placed as inconspicuously as practicable, shall cause no inconvenience to owners or other occupants of other lots, and shall be removed not later than 30 days after the date of substantial completion for beneficial occupancy of the building in connection with which the temporary structure was used. 2.09 Minimum Building Standards Buildings ;:tnd encloscd structmc., :':iail cover not more than 300,'0 01" the total al\?;:t 01" a lot. Buildings. enclosures. p~lrking areas. drivcways and other surt:tced. 11On-vegetated areas shall not cover. in the ;:tggreg;:tte. more than 70';-;' of the area of;:t lot. \linimum building size must bc:::":'25.000 s.f. (per River Falls)':"" gross square feel. The minimum construction cost for the principal structures shall be '1":'$40.00*~' per square fOOl exclusive of site, utility. ;:tl1d lanclsc;:tping cost. The value sh;:tll be reviewed at !e;:tst every three years by the Architectural Review Board \\ hich shall rclerence current building costs ;:ts published by the !ntermtiol1;:t1 Conference of Building Officials. '\ .J Andover Commercial Park 2nd Addition Commercial Park Covenants Draft CeyeRtaats . 2nd Draft- April 28, 1998 Page 1M of 14 " ) :_J " I , / 2.10 Screening of Senice. Waste facilities and Storage Areas Garbage and refuse containers shall be contained within buildings or shall be concealed by means of shrubbery and ef-screening \valls of materials similar to ,md cl1mpatible \vith that of the principle buildings. fuel and other storage tanks shall be integrated with the concept of the building plan, be designated so as not to attract attention, and be inconspicuously located. Unless specifically approved in writing, by the Board, no materials, supplies or equipment shall be stored in any area on a lot except inside a closed building or behind a visual barrier which screens such areas so that they are not visible from the Streets or from the front yard of adjoining lots. All enclosures and trash receptacles shall be kept in a good state of repair and waste receptacles shall include secure lids or covers to properly contain wastes. All enclosures must be accessible to waste and recycling collection vehicles. No service, waste or storage area shall be permitted between the street and front of a building unless approved by the Board. 2.11 Utilities and Antennas All pelmanent. local service. utility lines on any lot shall be placed underground. All utility apparatus and appurtenances including but not limited to transformer or terminal equipment shall be visually screened from view from streets and adjacent lots. Antennas necessary for the conduct of business may be erected only with the approval of the Architectural Review Board. Antennas that present a cluttered roof view, that detract from the park atmosphere, or that interfere with the operations of other owners in the Property are not permitted. The Architectural Review Board shall be the final authority with respect to location and shall consider the affect on the overall development in its decision. 2.12 Parking Loading and linloading Areas 1\0 parking shail be permitted Oil any strcet or any place other than parking arc as located Oil a lot. :\11 parking provided on a lot must mect the requircments of city codes alld ordinances. U[' [he requircmcl1ls of ..-ariances grantcd b) the City_ Frc)1l1 and after the date a buildin" is Cl)nstruetcd [he' O\\I1crs of such buiicting and building site shall maintain adequ,lle on-site parking spaces and loading facilities 10 sene thc nceds of each building sitc. ta!,ing into account the building or buildings loeatcd or to be located thereon. and thc use made or to be made thereof Separate areas shall be designated for automobile parking and loading. commercial. and storage uses. Loading areas shall not encroach into front yard setbacks or required off street parking areas of any lot. All pJrking Jnd drive aisle surface areas shall bc either asphJlt or concrete c1l1d all parking arCJS including parking islands must bc poured concrete curb. ,\ny de'.i~ltion is subjcct w approval of the Board_ fsLmd plantings of overstory trees arc required [;:,r parking areas accommodating morc tl13n 20 \chicles. 1\0 vehicles 01" lrJilc['s may be parked in the same location Cor a period in cxccss of" twenty-four (24) hours. 2.13 Exterior Lighting All exterior lighting shall be constructed and maintained in accordance with the following standards: A) Lighting fixtures shall not be more than 40 feet in height. Andover Commercial Park 2nd Addition Commercial Park CovenantsDraft Cw:entaFlts . 2nd Draft~ April 28, 1998 Page ~M of 14 \ ) B) Flood lighting of buildings shall be limited to concealed light sources. C) Lighting shall be installed and maintained in such a manner as to minimize glare onto adjacent lots and streets. D) **Lighting Theme** 2.1-l Landscaping .'\;1 areas on any lot not used for buildings. stm'age. parking, \valkways. acccss roads. or loading areas shall be suitably graded and drainel~ seeded or sodded grass and maintained and landscaped with greens and shrubs so as tG prc\\idc a park-like setting and to scrcen purking and road al'CClS. Landscaping plans are required for all developments and are subject to the approval of the Andover Review Board, as part of the site plan approval process. All lots shall be landscaped within 90 days of substantial completion of construction and issuance of Certificate of Occupancy in accordance with approved plans. All landscaping associated with substantial completion during the Winter must 1313 eompleted 13y .'\priI30 of the [ollewing year, "Neather permittin;;. must be escrowed in accordance with Building Department requirements. \ J The landscape design should be complcmentClry to common arcas and previously developed areas. Plantings shoLlld provide for seasonal interest and should include Cl sdection of coniferous and deciduous pletnrs. Natural landscaping and indigenous vegetation shall be permitted and arc encouraged in those arcas not associated \\ith the tt)rmal entries and common al'e~lS or buflCrs between properties that may be negmin:ly impacted by snidlanclscnping.\nnunl tlowers are rccommendcd to accent or supplement the [:mdscape P"'I1. All landscaped areas must be irrigated. **Theme on Fencing** The approved plan for landscaping a building site may not be altered substantially without submitting a revised plan to the Board Deelarer for approval. , ) 2.15 Signs Declarer recognizes there is need for signs advertising the identity of Owner and the business conducted on the Premises. It is further recognized that acceptable standards for such signs may change from time to time. In order to allow for such change, all requests for signs to be located on any part or parcel of the Property shall be submitted to the City of Andover for approval. The Board Dedarer shall consider any such application in light of such standards as the Board Deelarer from time to time may reasonably consider necessary and appropriate for the consistent development of the Property, and shall either approve the proposed signs as submitted or require that the proposal be altered so that any signs constructed in connection therewith shall be such as to full ill such standards. In the event the Board Dedarer does not approve or disapprove any such sign proposals within thirty (30) days after submission, said approval shall be deemed to have been given; provided however that no sign located on any part or parcel of the Property subject hereto shall: Andover Commercial Park 2nd Addition Commercial Park Covenants Draft CsveRtants " 2nd Draft- April 28, 1998 Page 2M of 14 ., ) AI Be what is kno\\1l as an alhTrtising sign. advertising businesses or products other tlull those sold. manufactured or \\arehoused on the part or parcel of the Property ~li1 \\hich the sign is located B) flave or use any !lashing. pulsating or rotating light or lights. C) Be locate:d on a r(!oltop D) Signs shall be stationary and may not be self-illuminated but may be lighted by surt~lce mounted fixtures located on the sign or the adiacent facade. **Examine different standards for different areas of the park** E) Plastic, plexi-glass. clear pIe:\: or similar material signs and J\\nings are prohibited unless used in conjunction with other decorative materials. F) Signs may be painted. pretinished or utilize exposed metal. A.ny exposed metal shall be stainless steeL titanium. bronze. or other similar non-corrosive materials. G) Consistency in signage shall relate to color. size. materials and heights. ~ ) H) 1".11 signs must meet the requirements of the City of Andover. 1) pylon signs are prohibited J) All signs shall be reviewed by the Andover Review Committee. 2.16 Trails and Amenities Maintenance of hiking trails. \valkways. and other site-related amenities on lots is the responsibility of the owner or occupant. Pedestrian access shall be provided from each site to the public sidewalk and/or trail system SECTION 3 ARCHITECTURAL REVIEW BOARD 3.01 Architectural Review Board fhe Board shall be comprised ,)f the sevell (7) members to be determined as 1(.,llows: T\\o (2) members shall be from the: Andover Economic De:vclopment Authority. and two (2) members from the: Planning and Zoning Commission. The City ,\dministraroL and (2) members shall be elected from the Property owners of the Property. The Board DedMant shall annually call a meeting of all owners to be held in the month of * * * at which meeting the two Property owner members of the Board shall be elected. The Board DeelMant shall give at least thirty (30) days, but not '\ more than ninety (90) days written notice of each such meeting. At each such meeting, ) each owner shall have one vote per Property owned by such owner. The presence in Andover Commercial Park 2nd Addition Commercial Park Covenants Draft Coventll:Fl.ts , 2nd Draft~ April 28, 1998 Page 10-14of14 / ) person, or by proxy of the holders of a majority of the votes shall constitute a quorum at a meeting of the Owners. Cumulative voting shall not be allowed. The terms of the Property owner members shall be *** year, beginning on *** following their election. If a vacancy of a Property owner member occurs on the Board, the remaining members shall elect a replacement who will serve the remainder of the term. 3.02 Restrictions on Construction and Alteration No structures may be erected, placed, moved onto, or permitted to remain on any Lot, nor shall any existing structure upon any Lot be altered in any way which materially changes the exterior appearance thereof, unless: A) The plans and specifications therefore meet, in form and content, the requirements of the City of Andover and any other local, state, federal, or other governmental agency of authority. B) Such plans and specifications have been submitted to the Board together with any other information or other submissions which the Board may require in its reasonable discretion C) All submissions shall have been approved in writing by the Board. Plans and specifications submitted pursuant to this section shall conform to the requirements of Commercial Site Plan application of the City of Andover and contain all information required by the Board. ) '- ./ 3.03 Disapproval Plans and specifications submitted pursuant to Section 3 shall be disapproved if they fail to include any and all information requested by the Board. The Board may also disapprove such plans and specifications if any of the following are objectionable: A) The exterior design, appearance, or materials of any proposed structure. B) The location of any proposed structure upon any Lot or with reference to other lots in the vicinity. C) The grading plan of any Lot. D) The color scheme, finish, proportions, style or architecture, height, bulk, or appropriateness of any structure. E) Number of and size of parking spaces, vehicular circulation patterns or design or location of parking areas proposed for any lot. \ ) F) The landscaping and/or signing and lighting plan for any Lot. Andover Commercial Park 2nd Addition Commercial Park CovenantsDraft ConJl1.tClflts . 2nd Draft- April 28, 1998 Page IH4 of 14 \ J j The Board shall have the additional right to disapprove any plans and specifications which, in the reasonable judgment of the Board, would render the proposed structure or use inharmonious with the general plan of improvement of the property or with structures located upon the Lots or other properties in the vicinity. In any case where the Board disapproves any plans and specifications or other submissions submitted pursuant to Section 3.03, such disapproval shall be accompanied by a statement stating with specificity the grounds upon which such action was based. 3.04 Approval Upon approval by the Board of any plans and specifications and other submissions submitted hereafter, a copy of such plans and specifications, as approved, shall be deposited for permanent record with the Board, and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant who submitted the same. ') / B) '\ -' A) Approval Whenever approval of Declarer is required, Declarer shall . take action within thirty (30) days after receipt of the request and all plans, specifications or other documents required to be submitted for approval. If not approved, specified written objections shall be mailed or delivered to the applicant within thirty (30) days, otherwise the request shall be deemed to have been granted. All request for approval or applications for variance of the conditions contained herein shall be submitted, in writing by certified mail to Declarer at: Andover Economic Development Authority Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 Construction Without Approval If the exterior of any structure is altered, erected, placed or maintained upon any lot without the approval of the Board, such action is in violation of this Section 3 and, upon written notice from an Owner or the Board, any structures altered, erected, placed or maintained upon any Lot in violation hereof shall be removed by the Owner or re-altered so as to extinguish such violation. The Owner of the Lot upon which such violations exists shall have fifteen (15) days after the notice of such violation to take reasonable steps toward the removal or termination of the same. If such Owner fails to take reasonable steps to eliminate the violation, the Declarer, in addition to any right available at law or in equity, including injunctive relief shall have the right to enter upon such Lot and remove or terminate the violation. The Owner shall be Andover Commercial Park 2nd Addition Commercial Park CovenantsDFaft CoyeataRts . 2nd Draft- April 28, 1998 Page 12M of 14 , '. , j assessed a violation assessment equal to the cost of correcting the violation plus ten percent (I 0%) of such host as an overhead charge. 3.05 Development Guidelines The Board may from time to time adopt guidelines for approval and disapproval of proposed improvements or alterations and the maintenance of them; and, in the event such guidelines are adopted, shall make them available to all owners. SECTION 4 ENFORCEMENT 4.01 Termination Each of the conditions, covenants, restrictions and reservations contained herein shall continue and inure the benefit of Declarer, and its assigns (as limited herein), for a period of ** 20 **years from the date of filing for record and shall be automatically extended in their entirety for successive periods of **ten** years unless Declarer executes, acknowledges and files for record an appropriate instrument, in writing, terminating and releasing the requirements of this Declaration. \ \) 4.02 Enforcement Procedures The standards set forth herein shall be enforceable by Declarer, and its assigns (as limited herein), for the maximum period allowed by law and shall be enforceable by: A) Injunctive relief, prohibitive or mandatory to prevent breach of or to enforce performance or observance of these standards and requirements. B) Money judgments for damages by reason or the breach of these standards. C) Both 1) and 2) above. 4.03 Failure of Enforcement Failure of Declarer to enforce any provision of the standards and requirements contained herein upon the violation thereof shall in no event be deemed to be a waiver of the rights to do as to any subsequent violation. 4.04 Variances Declarer may grant variances from the strict application of the provision of these standards and requirements in cases where by reason of extraordinary and exceptional conditions of any site or circumstances, strict application of any standard would result in peculiar and practical difficulties or exceptional or undue hardship upon the Owner or any Building Site, or where otherwise deemed appropriate by Declarer. '\ J Andover Commercial Park 2nd Addition Commercial Park CovenantsDraft Coyentants, 2nd Draft- April 28, 1998 Page TIM of 14 , \ I 4.05 Severability Invalidation of any of the provisions of these standards and requirements, whether by court order or otherwise, shall in no way affect any of the other provisions which shall remain in full force and effect. 4.06 Review In exercising its approval rights under the terms of this Declaration, no approval shall be unreasonably withheld which is consistent with the specific standards set forth in this Declaration. 4.07 Amendments The Declaration may be amended prior to ~ initial lot sale by an instrument in writing executed by the Declarant. This Declaration may be amended, modified or terminated by an instrument in writing, executed by the holders of eighty percent (80%) of the votes, as determined at the next previous election of members of the Board, pursuant to Section 3.01 of this Declaration. An instrument executed in accordance with this Section shall be effective when filed for recording with the Anoka County Recorder's Office. SECTION 5 MISCELLANEOUS , , 5.01 Mortgagees The provisions of this Declaration shall be subordinate to the line of a first mortgage on any lot and none of the provisions of this Declaration shall supersede or in any way reduce the security or affect the validity of any such mortgage; provided however, that if any lot is sold under a foreclosure of any such mortgage, the purchaser and the purchaser's heirs, successors and assigns, shall own such lot, subject to all of the covenants, conditions and restrictions of this Declaration. " 5.02 Ne .A~ssessmeRts Exeept as previded ill 8eetion 4.02, no assessments may be levied ubuinst a let by the Board or sy the owners. 5.0~J Special Events The provisions of this Declaration do not apply to and do not prohibit periodic, non-permanent business promotions and special sales events conducted on a lot by the owner or occupant. In no event shall any sign be placed on any lot or parcel ofland for a period to exceed thirty (30) days out of a twelve (12) month period. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth above. DECLARANT ANDOVER ECONOMIC DEVELOPMENT AUTHORITY CITY OF ..\NDOYER, MINNESOT.A~ , ) ./ Andover Commercial Park 2nd Addition Commercial Park CovenantsDraft CoveHtaBts ,2nd Draft- April 28, 1998 Page 1444 of 14 r , , J " '\ I J By By J.E. McKelvey, Chainnan Mayor Adm.inistrator ****? Richard Fursman,-GitJ' STATE OF MINNESOTA ) ) S8. COUNTY OF ANOKA ) On this _ day of , 199*, before me, a Notary Public, personally appeared J.E. McKelvey and Richard Fursman to me personally known, who, being each by me duly sworn did say that they are respectively the Chainnan Mayor and **?**Gity Administrater of the Andover Economic Develooment Authority. a body comorate and political City of .^..ndover, the **is municioal corp. still aoolicable??**Municipal Corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporate seal of said Municipal Corporation, and the said instrument was signed and sealed on behalf of said Municipal Corporation by authority of the Andover Economic. Development Authority its City COlH1cil and said J.E. McKelvey and Richard Fursman acknowledged said instrument to be the free act and deed of said Municipal Corporation. Notary Public Andover Commercial Park 2nd Addition Commercial Park CovenantsDraFt Cev8Htants . 2nd Draft- April 28, 1998 Page 12M of 14 CITY OF ANDOVER REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION '\ ) AGENDA SECTION DATE: Apri/JO, 1998 ORIGINATING DEPARTMENT EDA Meeting City Attorney William Hawkins ITEM NO. ~ ,. WDE Tax Forfeit Site Agreement has been reached with the State of Minnesota on the Deed Conditions for the acquisition of the 80 acres immediately south of the landfill. Staff requests the Economic Development Authority review and consider accepting the attached Deed Conditions. \ J DEED CONDITIONS / WHEREAS, pursuant to the Landfill Cleanup Act, Minn. Stat. 99 1 I 5B.39- I 15B.46 (1996), the Commissioner of the Minnesota Pollution Control Agency (hereinafter "the Commissioner") has assumed responsibility for environmental response actions at the Waste Disposal Engineering Landfill (hereinafter "WDE Landfill") adjacent to the tax forfeit property which is the subject oftffis these deed conditions _Said adjacent tax forfeited property is described on Exhibit A as Parcels I and 2 attached hereto (hereinafter "the Property"); and WHEREAS, Minn. Stat. 9282.019, subd. 3 (1996) provides for conditions on the transfer and use of tax-forfeit property to be specified by the Commissioner to ensure access for and cooperation with the completion of environmental response actions and to protect the public health and welfare and the environment; and WHEREAS the City of Andover Economic Development Authority intends to purchase the Property upon the terms and conditions contained in this Agreement: and WHEREAS, the Commissioner has determined that it is necessary to place certain transfer and use conditions on the Subject Property to ensure access and cooperation with completion of environmental response actions at the WDE Landfill and to protect public health, welfare, safety and the environment; and \ / WHEREAS, under Minn. Stat. 9 I 15B. I 7, subd. 15 (1996) the Commissioner is authorized to acquire interests in real property needed to carry out response actions; THEREFORE it is understood that the conveyance of the Property by this deed is subject to the following Deed Conditions: 1. a. That +lhere shall be no development or alteration of tflat--'ll):: part of tfle Property Parcell on Exhibit A within 200 feet of the WDE southern fence line in Parcel C which fenceline is located on the southern boundary of the following description described property: That part of the Northeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota: Beginning at the northeast comer of said Section 34; thence North 89 degrees 08 minutes 39 seconds West along the north line of said Northeast Quarter of the Northeast Quarter 1316.94 feet to the northwest comer of said Northeast Quarter of the Northeast Quarter; thence South 00 degrees 18 minutes 44 seconds West along the west line of said Northeast Quarter of the Northeast Quarter 15.00 feet; thence South 89 degrees 08 minutes 39 seconds East 180.52 feet; \ / \, / thence South 75 degrees 30 minutes 33 seconds East 190.89 feet; thence South 89 degrees 08 minutes 39 seconds East 474.80 feet; thence North 67 degrees 05 minutes 08 seconds East 111.64 feet; thence South 89 degrees 08 minutes 39 seconds East 373.94 feet, more or less, to a point on the east line of said Northeast Quarter of the Northeast Quarter; thence North 00 degrees 15 minutes 45 seconds east along said east line 15.00 feet to the point of beginning. b. That there shall be no development or alteration of any part of Parcel 2 on Exhibit A within 200 feet of the WDE southern fenceline aOO-ffi-. Parcel I).. which fenceline is located on the southern boundary of the following description described property: That part of the Northwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota: J Beginning at the northeast corner of said Northwest Quarter of the Northeast Quarter of Section 34; thence North 89 degrees 08 minutes 39 seconds West along the north line of said Northwest Quarter of the Northeast Quarter 1078.71 feet; thence South 68 degrees 56 minutes 31 seconds East 402.99 feet; thence South 81 degrees 03 minutes 01 seconds East 109.58 feet; thence North 70 degrees 32 minutes II seconds East 198.91 feet; thence North 80 degrees 59 minutes 38 seconds East 411.73 feet, more or less, to a point on the east line of said Northwest Quarter of the Northeast Quarter distant 15.00 feet southerly of the point of beginning; thence North 00 degrees 18 minutes 44 seconds East along said east line 15.00 feet to the point of beginning. 2. There shall be no development or alteration of the south 425 feet of the west 450 feet of the Northwest quarter of the Northeast quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. 3. Any athletic fields, including outfields, shall be located at least 65 feet from WDE Landfill southern fence line as described in paragraph 1. " t , 2 , / 4. The owner of the Property shall maintain the existing WDE Landfill fence in good repair or erect and maintain an identical fence on the Property. The owner of the Property shall post and maintain several signs on the fence stating: W ARNlNG No trespassing No retrieving balls No climbing fence MINNESOTA POLLUTION CONTROL AGENCY and ANOKA COUNTY The signs shall be 2' by 3' minimum size and shall be placed every 50 f~et on the fence. 5. The owner of the Property shall not plant or allow to be planted any trees or shrubs within 50 feet of the WDE Landfill fenceline. 6. With respect to that part of the Property within 500 feet of the limit of refuse disposal WDE Landfill southern fence line, the owner shall not extract or allow extraction of groundwater from the Upper Sand Aquifer for any purpose other than implementing, monitoring, or maintaining environmental response actions. Dewatering for the installation of public utilities or the construction, repair, reconstruction, or expansion of any structure or any public roads or highways located on the Property shall be subject to prior written approval of the Commissioner, and, if approved, shall be excluded from the prohibition on groundwater extraction in this paragraph. / 7. With respect to that part of the Property within 500 feet of the limit of refuse disposal WDE Landfill southern fence line, the owner of the Property shall not extract or allow extraction of groundwater from the Lower Sand Aquifer for any purpose other than implementing, monitoring, or maintaining environmental response actions. 8. Any building constructed on the Property shall be constructed so as to protect occupants from infiltration of landfill gas. Any such construction shall be subject to prior approval of the Commissioner. 9. Any request required under these deed conditions for approval of construction or other activity shall be submitted in writing with complete descriptions and diagrams to the MPCA Project Manager for the WDE Landfill. MPCA staff shall provide written approval or disapproval of such requests within 30 days after receipt. If the MPCA does not respond within this time period, the request will be deemed approved unless the parties agree to an extension of time for MPCA reVIew. The conditions above shall run with the land and shall be binding upon any and all persons who acquire title or any legal interest in the Property and in any subsequent instrument of \ 3 / '\ J conveyance shall be made expressly subject to said conditions. The conditions herein shall be enforceable by the Commissioner on behalf of the State of Minnesota. The conditions above shall remain in full force and effect until the Commissioner determines they are no longer necessary to protect public health, welfare, safety and the environment. When the Commissioner makes such a determination the Commissioner shall issue to the owner of the Property in recordable form a release of Deed Conditions. BY THEIR SIGNATURES BELOW THE UNDERSIGNED REPRESENT THAT THEY HAVE AUTHORITY TO BIND THE PARTIES THEY REPRESENT, THEIR AGENTS, SUCCESSORS, AND ASSIGNS. ; 4 IT IS SO AGREED: Subscribed and sworn to before me this _ day of , 1998. NOTARY PUBLIC Subscribed and sworn to before me this _ day of , 1998. NOTARY PUBLIC Subscribed and sworn to before me this _ day of , 1998. NOTARY PUBLIC CITY OF ANDOVER By: Its By: Its COUNTY OF ANOKA By: Its MINNESOTA POLLUTION CONTROL AGENCY By Its 5 Subscribed and sworn to before me this _ day of , 1998. NOTARY PUBLIC This instrument drafted by: JOHN K. LAMPE Assistant Attorney General 445 Minnesota Street, Suite 900 St. Paul, Minnesota 55101-2127 (612) 296-7293 (Voice) (612) 296-1410 (TTY) AG: 118340 v2 MINNESOTA DEPARTMENT OF REVENUE By Its 6