HomeMy WebLinkAbout98-033 Admin Lot Split
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ADDITIONAL ~cL ~0
MA TERIAL/PLANS
AVAILABLE IN
LARGE SCALE.
SEE THE
PLANNING
DEPARTMENT FOR
ASSISTANCE AT
(952) 447-9810.
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YEAR: ICfCjY ~ 1l.~~~
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Vol hQe/'11 Cert ~:J.J5" 'Y L
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Certified filed OA
"p.qr R/"IPr'krMn . .0"1'\
h~ Boeclallan, aeqi.~_r of uu.. ;2..4-~
by ~~ Depllef tJ
May 15, 1998
To whom it may concern:
The attached is a true and correct copy of Resolution 98-44 A Resolution of the Prior
Lake City Council Granting an 18.72 Foot Variance to Permit a 71.28 Foot Lot
Width and Variances to Permit Lot Area of 14,120 and 9,810 Square Feet Rather
than the Required 15,000 Square Feet for Two Lots to be Created Via
Administrative Plat for Hillcrest Homes.
Please record.
~f)-0
Deputy City Clerk
J:ISECYICOPY.DOC
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
..
RESOLUTION 98-44
A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTING AN 18.72 FOOT
VARIANCE TO PERMIT A 71.28 FOOT LOT WIDTH AT THE FRONT YARD
SETBACK RATHER THAN THE REQUIRED 90 FOOT LOT WIDTH AND
VARIANCES TO PERMIT LOT AREA OF 14,120 AND 9,810 SQUARE FEET RATHER
THAN THE REQUIRED 15,000 SQUARE FEET FOR TWO LOTS TO BE CREATED
VIA ADMINISTRATIVE PLAT FOR HILLCREST HOMES
MOTION BY: KEDROWSKI
SECOND BY: SCHENCK
WHEREAS: Hillcrest Homes has applied for a variance from Section 5-8-3 of the City Code
and Zoning Ordinance in order to permit the combination of three lots for the
creation of two lots in the R -1 (Suburban Residential) District on the property
described as Lots 40, 41 and 42 Red Oaks, Scott County; and
WHEREAS: The City Council has reviewed the application for variance as contained in
Case #98-034 and held hearings thereon on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the following variances for
the combination of three lots to create two lots as indicated in attached Exhibit A (legal
description and survey):
1. An 880 square foot variance to permit lot area of 14,120 square feet rather than the required
15,000 square feet for proposed Lot 1.
2. A 5,190 square foot variance to permit lot area of 9,810 square feet rather than the required
15,000 square feet for proposed Lot 2.
3. An 18.72 foot variance to permit a front yard width of 71.28 feet rather than the required 90
feet for proposed Lot 2.
FINDINGS
1. The City Council has considered the effect of the proposed variances upon the health, safety,
and welfare of the community, the existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect on property values in the surrounding area
and the effect of the proposed variances on the Comprehensive Plan.
16200 Eci~1~u~/~~~'}\I(,~\?~~~fl~)pra~~~ Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
..
2. Because of conditions on the subject property and on the surrounding property, it is possible
to use the subject property in such a way that the proposed variances will not result in the
impairment of an adequate supply of light and air to adjacent properties, unreasonably
increase congestion in the public streets, increase the danger of fire, and danger to the public
safety, unreasonably diminish or impair health, safety, comfort, morals or in any other
respect be contrary to the Zoning Ordinance and Comprehensive Plan.
3. The special conditions applying to the subject property are unique to such property, and do
not generally apply to other land in the district in which such land is located. The unique
circumstances applicable to this development are that the lots are located on a peninsula and
were originally created in 1930, prior to the implementation of the Shoreland Ordinance,
over which, the applicants had no control, nor can they change the existing conditions.
4. The properties could be developed separately as existing substandard lots upon the approval
of four variances. The applicant has proposed to combine the lots into two lots, thus
reducing the nonconformity.
5. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
6. The contents of Planning Case 98-034 are hereby entered into and made a part of the public
record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance
Code this variance will be deemed to be abandoned, and thus will be null and void one (1)
year from the date of approval if the holder of the variances has failed to obtain any
necessary, required or appropriate permits for the completion of contemplated
improvements.
Passed and adopted this 6th day of April, 1998.
YES NO
Mader Mader X
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner X Wuellner
{Seal}
r: \council\resoluti\planres\rs98-044.doc
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RESOLUTION 98-43
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF IllLLCREST HOMES
MOTION BY: KEDROWSKI SECOND BY: PETERSEN
WHEREAS: notice of the said administrative plat has been duly published and posted in
accordance with the applicable Minnesota Statutes and Prior Lake Ordinances;
and
WHEREAS: all persons interested in this issue were afforded the opportunity to present their
views and objections related to the administrative plat for the record at the City
Council hearing; and
WHEREAS: the City Council has reviewed the administrative plat according to the
applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said plat to be consistent with the provisions of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for administrative plat
approval of Lots 40,41 and 42, Red Oaks as described in Exhibit A (attached),
for Hillcrest Homes on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for
the combination of Lots 40, 41 and 42 Red Oaks into two lots as described and shown in attached
Exhibit A (survey) with the following conditions:
1. A "Permit Agreement For Private use of Public Property" be executed and recorded for the
construction of a private drive on the publicly dedicated roadway.
2. A separate grading permit will be required for construction of the driveway. A tree
preservation plan will be required as part of this permit.
3. The existing structure on Lot 41 must be removed prior to City approval of the warranty
deeds for the new lots such that the structures is not located on two separate lots.
4. Five foot drainage and utility easements be granted along the interior lot lines. This must be
shown on a revised survey and a legal description drafted and appropriate documentation
recorded.
16200 E~'WJl'EP~~~o~t'Q!~~~,,~~-g~t~~e, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6~29a47-4245
AN EQUAL OPPORTUNITY EMPLOYER
" .
5. Developer to provide a drainage plan for proposed access driveway that addresses impact of
the proposed drive upon the drainage of Lots 38 and 39, subject to approval of City
Engineer, and will pay all costs associated with the drive on public right-of-way. There will
be no parking allowed on the access road and the developer will install "No Parking" signs
on the access drive.
6. This proposed administrative subdivision is to be reviewed by the Fire Chief and is subject
to his recommendations and approval.
Passed and adopted this 6th day of April, 1998.
YES NO
Mader Mader X
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner elln
{Seal}
r:\council\resoluti\planres\rs98-043.doc
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RESOLUTION 98-141
A RESOLUTION AMENDING RESOLUTION 98-43 APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES.
MOTION BY:
Wuellner
SECOND BY:
Kedrowski
WHEREAS: the City Council considered an application for administrative plat
approval of Lots 40, 41 and 42, Red Oaks for Hillcrest Homes on April 6,
1998, and
WHEREAS: the City Council approved the application for administrative plat of Lots
40, 41, and 42, Red Oaks in Resolution 98-43 with conditions, and
WHEREAS: condition no. 1 stated "1. A "Permit Agreement For Private use of Public
Property" be executed and recorded for the construction of a private
drive on the publicly dedicated roadway, and
WHEREAS the property owner has requested a change to condition number 1.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that condition no. 1 of Resolution 98-43 is hereby amended to
read:
"1. A "Permit Agreement For Private use of Public Property" be executed and recorded for the
construction of a private drive on the publicly dedicated roadway. In lieu of the Permit
Agreement, the developer may construct at his cost or cause to be constructed through a (1)
Developers Agreement or (2) via a petition for public improvement, a minimum standard City
street as approved by the City Engineer."
Passed and adopted this 7th day of December, 1998.
YES NO
Mader Mader x
Kedrowski X Kedrowski
Petersen X Petersen
Schenck Schenck
Wuellner Wue er
{Seal}
162QIRJ:JliY&Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Staff Reports
L:\TEMPLA TE\FILEINFO.DOC
RESOLUTION 99-XX
APPROVING THE DEVELOPMENT CONTRACT WITH HILLCREST
HOMES FOR RED OAKS LOTS 40, 41 AND 42 AND APPROVING
FUNDING FOR CITY PROJECT 98-21
MOTION BY: SECOND BY:
WHEREAS, the City has granted administrative plat approval for Lots 40, 41, and
42, Red Oaks; and
WHEREAS, one required option of the administrative plat approval is to construct
Red Oaks Road to the lots under a Development Contract; and
WHEREAS, the Developer has requested to enter into a Development Contract for
the construction of Red Oaks Road; and
WHEREAS, it is advantageous to the City to accomplish a planned water quality
improvement project, City Project 98-21, in conjunction with this
Development Contract.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE
that the Development Contract with Hillcrest Homes for Red Oaks Lots 40, 41,and 42 is
approved and the Mayor and City Manager are authorized to execute said contract on behalf of
the City.
BE IT FURTHER RESOLVED, that as part of this Development Contract City Project 98-21
is approved and funded through the Storm Water Utility Fund.
Passed and adopted on the 19th day of April, 1999.
YES NO
Mader Mader
-
Kedrowski Kedrowski
Petersen Petersen
-
Schenck Schenck
Wuellner Wuellner
-
Frank Boyles
City Manager
City of Prior Lake
162@t);~\@PCreek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
HHI
~LCREST- HOMES, INC.
'14122 Louisiana Ave.. Savage. Minnesota 55378
(612) 898-7663 Office (612) 898-:3364 Fax
UA Builder Driven By Quality Craftsmanship and Value."
February 2~. 1999
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...... pl~t:f~f!IilIcI:e,~tII()m~s;~,;rhe;n~qti~stjn~.olved. t~~c()rn.l?i~a~~9~~p{,I:-9~}1...
:<<ed oafS'S:J6dlvision intot-~o' fotsY;1iliv~~anCeSii5'lofwldih'i~a't6tar~a: co
. ().f~pproval for t~~:adrninistrativ~'pil1tincludeda~,'~~rnit' Agree~~J1~for Privaf
P4bli.c.Property.r~eexecuted, th~.tP(property'9~ef'provide ~~m:~e plan .
. ~ppi.?Y-aI of th~.~ity~ngineer'an~,~il'}eproperty"~~~(pay all cp~S'!iSs({ciated
::e'~PUbli~~~Way. ~"'. ....' . . :"~.t~; . ., '. '. ...
~IiJ=>~gember 7. 1998 ResoIutioJ1;~"~ was passed gtVing ad . ,...
r~g1ir(tto the ~nstruction of acc~~:t,~jots 40. 41. &4~ Red 0 .' . . ,llprest H
would like to eXer<;ise{)ne of thris~ripti6ns and' enteririto a deve pJci~eem
~~~~ction of.~~.<i*s r?ad,!~.~ru.IIlaI' city.sta.n,.~a.r~' at oudg~:<'Ai.< Upon
9<5p;tpletion, the;'.~9adWiII then b.~wmed over to'.the^,Giiy ofPriof'Y' r pe
iir'~;~~~rance ~;~;~~3;~~ road~ .i}::~~~:'J~;'j'f,!t:" . J'~;i~': ,~':'. .
ard'fh~'#~6essMy ddciIffi~ritation to iriipI~fiient this pr
>>:'~::':>;:>" . . -:"; ::',:~';:;;.. ~~;:-~?!:;i:... .
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake. MN55372. ., .., ......
Re: ResOI~~~i~~,xfF':~!t(iti~r,
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'Builder License #20036544 . Member ofth~ l!uild~rs AssociationoftheTwi~CitieS
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Mar 22 SS 01:32p
Jim Albers
612-440-6424
Mar 1S 9S 03:35p
.Jim' Albers
&12-4"0-6424
F"PDl"I : I'lILLCRESl lO"ES 11<.
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PHCJt.E 1l0. : E..:l' E1~ :nc..J
. ~~~~~.!!r~~e~~~!~~'55378
.liliU (6121898-7663 Office (~12) 898.3364 FBx . .
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MN'r.n IS. 1999
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Red O~lci Subdi.vision . .:,: 0.. . :....;: : ,". '. '.
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HillcrtS.1 R9In~~.z~~.:'~il~ ~i i~ddiuClt~'aciIY; .tfee.t wl~:li~~~:~~!~~t~M9~d~~r 1r01
fOl acccu to lon 40, Al ~.41lt~dO&lc..'PC1 tho approv6~:plan;~~'.I~Jic.uot\~:.",. .
including' drainilse, 8':.'di!lg~ '."i:'Dfihi. iiaht t.)f wllywiil be in},~;a.~: ~j"h ft;iirF :'~ :.-
.' '~lianJ~ d~lili~ t'~cuilll~~i\~'I'.'\9i\l Or~\l~ e'ngi~e~( '~ti~ CllY 'sp'e~i~'l:i(,~~it'&Q~':~shl;;~~'...:..;' .
. way 1N!I'i ~t~hj(1(oadj~~nin8',p'rop~.nieJ Ill. nOled on,pl~il'; , '. /:.:/ /:;..~;.;::;:'.::.;ET::.) i'
.;...:.. . .... .:/.:. "::. . .~~'. ~':...~'.
RiIlacsl Home~J lilc-. will requi~e ~'~thotiz'tlon ~~b.lend ..uc.h gr.~.et~~d bllu'oP.~:.::.;"):
F\1~c:r. Hil1c(t".Hol'liel, Ine. ,,-,IWr.tP.1~cci or rep~ir .~y.dam'JO~:,,~;~~lack\op.:if1a~~l..
e.cl.lltat ii diU1iro~d do 10 lhl 'Qnilni~on of riit\\9f-wBY. Up6i"'~o~9Iction. P'~oli~-(~.
. l\i.i.hr:'ofWlIY w.tii~c;..l~.med Oy~i:.~)ht':CiIY fonTi~n~.~cc and. ~~k~::' :':.<;:>.:.~'..
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l;Jamd A. Feick do aive: '\llho'ii~~~o~o;jo Hilic:re8t:lIo~ls~ Ine .~~~.~~~~,s~ my pr~~n.i~:?to
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DEVELOPMENT CONTRACT
RED OAKS LOTS 40, 41, & 42
PROJECT #98-39
AGREEMENT dated April 19, 1999, by and between the CITY OF PRIOR LAKE, a
Minnesota municipal corporation ("City"), and Hillcrest Homes, Inc. (the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer asked the City to approve an
Administrative Plat for Lots 40, 41, and 42 Red Oaks (referred to in this Contract as the "Plat"). The
land is legally described as shown on attached Exhibit A which is incorporated herein as if fully set
forth.
2. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
until all the following conditions have been satisfied: 1) this Contract has been fully executed by both
parties, 2) the necessary security, development fees and insurance have been received by the City, and 3)
the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not
g: \projects\ 1998\39redlot\dvcntrct.doc
04/12/99
1
apply to grading or other approvals set forth in Resolution No. 98-14, dated April 6, 1998, approving
the Administrative Plat and Resolution No. 98-141, dated December 7, 1998, amending the
Administrative Plat.
3. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract, but are incorporated by reference and made a part
of this Contract as if fully set forth herein. If the plans vary from the written terms of this Contract, the
written terms shall control. The plans are:
Plan A --
Site and Grading Plan(s). Dated March 23, 1999 (Prepared by Ryan
Engineering)
Plan B --
Tree Preservation and Replacement Plans and Landscaping Plan Dated
March 23, 1999 (prepared by Ryan Engineering)
Plan C --
One set of reproducible Plans and Specifications for Developer
Improvements Dated March 23, 1999 (prepared by Ryan Engineering)
4. DEVELOPER IMPROVEMENTS. The Developer shall install and pay for the
following:
A. Storm Sewer and Stormwater Quality Improvement
B. Streets
C. Concrete Curb and Gutter
D. Site Grading
E. Landscaping
The Developer Improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utilities and street construction; the City's Public Works Design Manual and
any other applicable City ordinances, all of which are incorporated herein by reference. The Developer
shall submit plans and specifications which have been prepared by a Minnesota licensed professional
g: \projects\ 1998\39redlot\dvcntrct.doc
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civil engineer to the City for approval by the City Engineer. The Developer shall obtain all necessary
permits from the Metropolitan Council and other agencies before proceeding with construction. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City's
authorized personnel. The Developer or his engineer shall schedule a preconstruction meeting with all
parties concerned, including the City staff, to review the program for the construction work. Before the
security for the completion of utilities is released, iron monuments must be installed in accordance with
Minn. Stat. ~ 505.02. The Developer's surveyor shall submit a written notice to the City certifying that
the monuments have been installed.
5. CONSTRUCTION OBSERVATION.
a. The City's authorized personnel shall inspect the DEVELOPER
IMPROVEMENTS in accordance with the Public Works Design Manual. Inspection services by
the City shall include:
1. Inspection of required improvements which include grading, sanitary
sewer, watermain, storm sewer/ponding and street system.
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer, watermain and storm
sewer facilities.
6. DEVELOPER SERVICES. The Developer shall be responsible for providing all other
construction services including, but not limited to:
a. Construction surveying
b. As-built drawings of grading plans.
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c. As-built record drawings showing elevations of all utility improvements, including
but not limited to top nut of hydrants, manhole rims, manhole inverts. (Tie dimensions to sewer
and water services from City staff or City consultants.)
d. Project Testing: The Developer is responsible through its testing company, at the
Developer's cost, to provide testing to certify that Developer Improvements were completed in
compliance with the approved fmal plans and specifications. The personnel performing the
testing shall be certified by the Minnesota Department of Transportation. The City Engineer may
require additional testing if in his opinion adequate testing is not being performed. The cost of
additional testing is to be paid by the Developer.
7. AREA RESTORATION. The Developer shall seed or lay cultured sod in all areas
disturbed by this project within 30 days of the completion of street related improvements and restore all
other areas disturbed by the development grading operation in accordance with the approved erosion
control plan. Upon request of the City Engineer, the Developer shall remove the silt fences after turf
establishment.
8. OCCUPANCY. A permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitary sewer improvements have been installed and the streets have
been completed and the first lift of bituminous has been placed and said improvements have been
inspected and determined by the City to be available for use.
9. TIME OF PERFORMANCE. The Developer shall install all required Developer
Iprovements by October 31, 1999, with the exception of the fmal wear course of asphalt on streets. The
fmal wear course on streets shall be installed the first summer after the base layer of asphalt has been in
place for one freeze thaw cycle. The Developer may, however, request an extension of time from the
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4
City. If an extension is granted, it shall be in writing and conditioned upon updating the security posted
by the Developer to reflect cost increases and the extended completion date.
10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with Plat development.
11. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan A,
shall be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if, in the City Engineer's opinion they are necessary to meet
erosion control objectives, at no cost to the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. All seeded areas
shall be mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of
the essence in controlling erosion. If the Developer does not comply with the erosion control plan and
schedule or supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for
such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No
development, utility or street construction will be allowed unless the Plat is in full compliance with the
erosion control requirements.
12. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has
resulted from construction work by the Developer or its agents. Prior to any construction in the Plat, the
Developer shall identify in writing a responsible party for erosion control, street cleaning, and street
sweeping.
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13. GRADING PLAN. The Plat shall be graded in accordance with the approved site and
grading plan(s), Plan "A". The plan shall conform to City of Prior Lake Public Works Design Manual.
Before the City releases the security, the Developer shall provide the City with an "as built" grading plan
and a certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been
constructed on public easements or land owned by the City. The "as built" plan shall include field
verified elevations of the following: a) cross sections of ponds, b) location and elevations along all
swales and ditches, and c) lot comers and house pads. The City may withhold issuance of building
permits until the approved certified grading plan is on file with the City and all erosion control measures
are in place as determined by the City Engineer.
14.
OWNERSHIP OF IMPROVEMENTS.
Upon completion of the Developer
Improvements required by this Contract and fmal written acceptance by the City Engineer, the
improvements lying within public easements shall become City property without further notice or action.
15. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These
activities include, but are not limited to, preparation of the Development Contract, consultation with
Developer and its engineer on the status of or problems regarding the project, project monitoring during
the warranty period, processing of requests for reduction in security, and City legal expenses. Fees for
this service shall be six percent (6%) of the estimated construction cost as detailed in Exhibit E. The City
Administration Fee shall not apply to that portion of the Developer Improvement for the Stormwater
Quality Improvement requested by the City and estimated to cost $3,137.60.
16. CITY CONSTRUCTION OBSERVATION. The Developer shall pay six percent (6%) of
the estimated construction cost for Construction Observation performed by the City's authorized
personnel. The Construction Observation Fee shall not apply to that portion of the Developer
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Improvement for the Stormwater Quality Improvement requested by the City and estimated to cost
$3,137.60. Construction Observation shall include, but is not limited to, part or full-time inspection of
proposed grading, public utilities and street construction, and preparation of "as-built" drawings.
17. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS AND
OPERATIONAL COSTS. The Developer shall pay to the City $200.00 for installation of traffic control
signs and street signs at the time this Development Contract is executed by the Developer. The
Developer shall be fmancially responsible for the installation of street identification signs and non-
mechanical and non-electrical traffic control signs. Street signs will be in conformance with the names
as indicated on the Plat and pursuant to City standards. The actual number and location of signs to be
installed shall be determined by the City and actual installation shall be performed by City authorized
personnel.
18. LANDSCAPING (Sim!le-Familv Residential). Each residential lot in the Plat must have
at least two (2) front yard trees as required in the Subdivision provisions of the City Code. The
Developer or lot purchaser shall plant the two (2) front yard trees on every lot in the Plat which does not
already meet this requirement at the time of the building permit. The trees shall be planted according to
the requirements for subdivision trees as set forth in the Subdivision provisions of the City Code. The
Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of every
structure on every lot prior to the issuance of the fmal occupancy permit. If this section is to be satisfied
by existing trees, a tree protection security may also be required. Upon satisfactory completion of the
landscaping, the escrow funds, without interest, less any draw made by the City, shall be returned to the
person who deposited the funds with the City. If the required landscaping is not installed the City is
granted a license to enter upon a lot and install the landscaping using the escrowed funds deposited by
the builder at the time the building permit was issued.
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19. TREE PRESERVATION AND REPLACEMENT. Although no tree replacement is
required on this Administrative Plat per the tree inventory included with Plan "B", the Developer must
submit certification of compliance with the tree preservation plan (plan "B"). Certification shall be by a
registered landscape architect, surveyor, civil engineer or forester. The certification shall include
verification that only the identified number of trees were removed, and relocated trees and remaining
trees are alive and healthy. It shall be Developer's obligation to remove and replant replacement trees
which are not alive or are unhealthy, and to replant missing trees as to be in compliance with the City's
tree preservation ordinance. Upon submission of the certification, the Certificates of Occupancy for the
proposed single family dwellings may be issued.
20. SECURITY. To guarantee compliance with the terms of this Contract, payment of real
estate taxes including interest and penalties, payment of special assessments, payment of the costs of all
public improvements, and construction of all public improvements, the Developer shall furnish the City
with an Irrevocable Letter of Credit in an amount equal to 125 % of the estimated Developer
Improvement Costs excluding the cost of the Stormwater Quality Improvement requested by the City.
The Irrevocable Letter of Credit shall be in the form attached hereto, from a bank ("Security") for
$52,306.25, plus a cash fee of $5,221.40 for City Development Fees. The amount of the Security was
calculated as follows:
DEVELOPER IMPROVEMENTS COSTS:
Storm Sewer
$
4,050.00
Streets
$
20,525.00
Tree Preservation and Replacement
$
0.00
Erosion Control
$
1,970.00
Other - Retaining Wall
$
15,300.00
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ESTIMATED DEVELOPER IMPROVEMENTS SUBTOTAL
$
41,845.00
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
52,306.25
CITY DEVELOPMENT FEES:
City Administration Fee (6.0%) (18)
$
2,510.70
City Construction Observation (6%) (19)
$
2,510.70
Street and Traffic Control Signs (20)
($100.00 per sign)
$
200.00
TOTAL CITY DEVELOPMENT FEES
$
5,221.40
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank shall be subject to the approval of the City Manager. The Security shall be for a term ending
December 31, 2000. Individual Security instruments may be for shorter terms provided they are replaced
at least sixty (60) days prior to their expiration. The City may draw down the Security, without notice,
for any violation of the terms of this Contract or if the Security is allowed to lapse prior to the end of the
required term. If the required Developer Improvements are not completed at least thirty (30) days prior
to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the
proceeds shall be used to cure the default.
21. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that work
has been completed and fInancial obligations to the City have been satisfIed, with City approval the
Security may be reduced from time to time by seventy-fIve percent (75 %) of the [mancial obligations that
have been satisfIed. Twenty-fIve percent (25 %) of the Security shall be retained until all improvements
have been completed, all [mancial obligations to the City satisfIed, and the required "as-built" grading
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plans and information have been received by the City. The City Public Works Design Manual outlines
the procedures for Security reductions.
22. WARRANTY. The Developer warrants all Developer Improvements required to be
constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty
period for streets is one year. The warranty period for underground utilities is two years. The warranty
period on streets shall commence after the fInal wear course has been installed and accepted by the City
and the warranty period on underground utilities shall commence following their completion and
acceptance by the City. The Developer shall post maintenance bonds to secure the warranties. All trees
shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting.
Any replacements shall be warranted for twelve (12) months from the time of planting. The City shall
retain twenty-fIve percent (25 %) of the Security posted by the Developer until the Developer
Improvements are accepted by the City Engineer and the bonds are furnished to the City. The security
retainage may be used to pay for warranty work. The City standard specifications for utilities and street
construction identify the procedures for final acceptance of streets and utilities.
23. REDUCTION OF SECURITY TO FIVE PERCENT (5%). The Security guaranteeing
satisfactory performance of the Developer Improvements can be reduced to 5 % of the original cost of the
construction costs as set forth in Paragraph 23 by the City Engineer in writing and by providing the City
a performance bond or a warranty bond from the Developer or its contractors in an amount equal to the
construction costs which shall be in force for two (2) years for streets and one (1) year for utilities (the
"Warranty Period") following acceptance of all required improvements and shall guarantee satisfactory
performance of such improvements. All punch list items must be completed before a reduction in
Security will be considered. The Warranty Period for a particular Developer Improvement shall
commence on the date the City Engineer issues written acceptance of the Developer Improvement. The
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City Engineer may establish a lost of the individual Developer Improvements that the Developer will
install as part of the Plat. The City Engineer may accept one or more individual Developer
Improvements prior to the completion of all Developer Improvements. The City Engineer shall
determine whether particular Developer Improvements are so integral to one another so as not to make it
feasible or practical for the City to accept one Developer Improvement prior to the completion of other
related Developer Improvements.
The five percent (5 %) Security shall not be released until the Developer provides the City
Engineer with a certificate from the Developer's land surveyor stating that all irons have been set
following site grading and utility and street construction.
24. CITY REOUESTED WORK. The City has determined that it is advantageous to
accomplish a "Stormwater Quality Improvement" project in conjunction with these Developer
improvements and the Developer has agreed to undertake this work in accordance with the provisions of
this contract. The City and Developer agree that the cost of the City requested work to be reimbursed to
the Developer is $3,137.60 based upon an engineers estimate as determined by the City Engineer based
on a fmal engineering design. A detailed estimate of cost for this City requested work is attached as
Exhibit D.
If the City Engineer determines the actual cost of the "Stormwater Quality Improvement" project
requested by the City is greater than the estimate then the City shall reimburse the Developer for the
additional costs associated with this work. If the City Engineer determines the actual cost of the
"Stormwater Quality Improvement" project requested by the City is less than the estmate then the
Developer shall reimburse the City for the overpayment associated with this work.
25. CLAIMS.
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A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Contract has been
performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Security in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and dismiss the City from any further
proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court
shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Developer fails within that time to pay the subcontractor
any undisputed amount for which the Developer has received payment by the City, the Developer shall
pay interest to the subcontractor on the unpaid amount at the rate of 11/2 percent (1.5 %) per month or
any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or
more is $10. For an unpaid balance of less than $100, the Developer shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from
the Developer shall be awarded its costs and disbursement, including attorney's fees. incurred in
bringing the action. (See Minn. Stat. ~471.425, Subd. 4a.)
26. SPECIAL PROVISIONS. The following special provisions shall apply to Plat
development:
B. The Developer is required to submit the as-built drawings in electronic format.
The electronic format shall be compatible with the City's software (AutoCAD Release 13).
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12
27. RESPONSIBILITY FOR COSTS.
A. Once the City Engineer approves the construction costs or estimates for the
Developer Improvements there will not be any reimbursement to the City by the Developer or to the
Developer by the City for City Administration or Construction Observation Fees. The Developer shall
not be responsible for paying City Administration or Construction Observation Fees on the construction
costs or estimates associated with the City requested work.
B. The Developer shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt Plat development and construction until the bills are paid in full. Bills not paid within
thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year.
28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the
work to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except
in an emergency as determined by the City, is fIrst given notice of the work in default, not less than 48
hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City
to seek a Court order for permission to enter the land. When the City does any such work, the City may,
in addition to its other remedies, assess the cost in whole or in part against all or any portion of the
property within the Plat. The Developer hereby waives any and all procedural or substantive objections
to any special assessment levied to pay the cost to remedy a Developer default, including but not limited
to hearing requirements and any claim that the assessment exceeds the benefIt to the Property.
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29. INDEMNIFICATION. Developer shall inderrmify, defend, and hold the City, its
Council, agents, employees, attorneys and representatives harmless against and in respect of any and all
claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City
incurs or suffers, which arise out of, result from, or relate to this Development Contract. The
responsibility to inderrmify and hold the City harmless from claims arising out of or resulting from the
actions or inactions of the City, its Council, agents, employees, attorneys and representatives does not
extend to any willful or intentional misconduct on the part of any of these individuals.
30. MISCELLANEOUS.
A. Developer shall be responsible for all street maintenance until final written
acceptance by the City of the Developer Improvements. Warning signs and detour signs, if determined
to be necessary by the City Engineer, shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. If and when streets become
impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph, "street
maintenance" does not include snow plowing or normal sweeping.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial
of building permits, including those sold to third parties, and shall be grounds for the City to order all
work on the Plat to cease.
D. 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.
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14
E. Grading, curbing, and one lift of bituminous shall be installed and accepted on all
public streets prior to issuance of any certificates of occupancy, except for model purposes only, a
maximum of ten percent (10%) of the total lots in the active phase of the subdivision may be issued
building permits prior to utility and street construction. All such lots must be readily accessible for
inspection by way of a two wheel drive vehicle, but in no case shall the distance exceed 300 feet of an
existing roadway. If certificates of occupancy are issued prior to the completion and acceptance of
Developer Improvements, the Developer assumes all liability and costs resulting in delays in completion
of Developer Improvements and damage to Developer Improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water
connection permits may be issued and no permanent certificates of occupancy may be issued until the
streets needed for access have been paved with a bituminous surface and the Developer Improvements
including utilities are accepted by the City Engineer.
F. 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 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.
G. This Contract shall run with the land. The Developer, at his/her sole expense,
shall record this Contract against the title to the property within ten (10) days of the City Council's
approval of the Contract. The Developer shall provide the City with a recorded copy of the Contract.
The Developer covenants with the City, its successors and assigns, that the Developer is well seized in
fee title of the property being final platted and/or has obtained consents to this Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded
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15
interests in the property being final platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
H. Developer, at its sole cost and expense, shall take out and maintain or cause to be
taken out and maintained, until the expiration of the warranty period(s) on the Developer Improvements,
public liability and property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of Developer's work or the work of its subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than
$1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not
less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The
City shall be named as an additional insured on the policy, and the Developer shall file with the City a
certificate evidencing coverage prior to the City signing the Plat. The certificate shall provide that the
City must be given thirty (30) days advance written notice. of the cancellation of the insurance.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from time to time as often and in such order as
may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
J. The Developer may not assign this Contract without the prior written approval of
the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire Plat, or any part of it.
31. NOTICES. Required Notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
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16
the following address: Hillcrest Homes, Inc., 16091 Northwood Road, Prior Lake, MN 55372.
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed
to the City by certified mail in care of the City Manager at the following address: City of Prior Lake,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714. Concurrent with providing Notice to
the City, Notice(s) shall be served upon the City Attorney Suesan Lea Pace, Esq. at Campbell, Knutson,
Scott & Fuchs, P.A., 1380 Corporate Center Curve, Suite 317, Eagan, Minnesota 55121.
32. INTERPRETATION. This Development Contract shall be interpreted in accordance
with and governed by the laws of the State of Minnesota. The words herein and hereof and words of
similar import, without reference to any particular section or subdivision, refer to this Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Contract are inserted for
convemence of reference only and shall be disregarded in constructing or interpreting any of its
provisions.
33. JURISDICTION. This Contract shall be governed by the laws of the State of Minnesota.
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CITY OF PRIOR LAKE
(SEAL)
By:
Wesley M. Mader, Mayor
By:
Frank Boyles, City Manager
Reviewed for Form and Execution:
By:
Suesan Lea Pace
City Attorney
DEVELOPER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
( S8.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this _ day of , 19_,
by Wesley M. Mader, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by
its City Council.
NOTARY PUBLIC
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18
STATE OF MINNESOTA)
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
19_, by
DRAFTED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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day of
NOTARY PUBLIC
19
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
, fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract,
affIrm and consent to the provisions thereof and agree to be bound by the provisions as the same may
apply to that portion of the subject property owned by them.
Dated this _ day of
,19_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
19 , by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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20
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
, which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract,
agrees that the Development Contract shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this _ day of
,19_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
19_, by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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21
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
, which/who has a
contract purchaser's interest in all or part of the subject property, the development of which is governed
by the foregoing Development Contract, hereby affIrms and consents to the provisions thereof and
agrees to be bound by the provisions as the same may apply to that portion of the subject property in
which there is a contract purchaser's interest.
Dated this day of
,19_
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
19_, by
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale OffIce Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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22
EXHIBIT "A"
-TO
DEVELOPMENT CONTRACf
Legal Description of Property Being F"mal Platted and Copy of Final Plat, Including Title Sheet:
EXHIBIT' nAn ,.-
'LEGAL '6ESC~IPTI()NS
I /, I
"',.. '"
r '" n'v
I c""r , \~.; ~
li , ,,' "t
I ~l ~ .
,. Q,
j
,"
,/
DESCRIPTION FOR NORTHERLY PARCEL:
- .
lot 4? and that par! of lot 41 which lies Northerly of a line
descrIbed as commenlng at the southwest corner of said lot 41;
thence North 32 degrees 12 minutes 55 seconds East on an assumed
bearing, along the Westerly line of said lot 41 a distanc~ of.
2~.00 feet to the actual point of beginning of the line to be
described; thence Sbuth 57-degrees 02 minutes 3S'seconds East
a distance of 54.22 feet; thence South 66 degrees 18 ~inutes
04 ~eco~ds East a distance of 122.1' f~et to the' Easterly line
of said lot 41 and. there te~minating; ~11 in REO OAKS, Scott
County, Minnesota.
DESCRIPTION fOR SOUTHERLY PARCEL:
lot 40 ~nd that part of lot 41 which lies Southerly of a line
~escribed as commencing at the southwest ~orner of said lot' 41;
thence North 32 degrees 12 minutes 55 seconds E~st on an assumed_
.bearlng, along the.Westerly "ne of said lot 41 a distance of .
24.00 feet .to the acyual point of 'beginning of the line to be
described; thence South 57 degrees 02 ~inut.s 35 seconds East
a distance of 54.22 feet; thence So~th 66 ~egrees 18 minutes
04 seco~ds East a distance of 122.16 feet ~o the Easterly Itne
of said lot 41 and there terminatin~; all 1n RED OAKS, Scott
County, Minnesota.
g:\projects\l998\39redlOl\dvcntrct.doc
04109/99 .
24
EXHIBIT "B"
SAMPLE IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
Dear Sir or Madam:
We hereby issue, for the account of
Irrevocable Letter of Credit in the amount of $
sight on the undersigned bank.
(Name of Developer) and in your favor, our
, available to you by your draft drawn on
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
19_, of (Name of Bank) ";
, dated
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at
November 30, 19_
(Address of Bank)
, on or before 4:00 p.m. on
This Letter of Credit shall automatically renew for successive one-year terms unless, at least
forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each
year), the Bank delivers written notice to the Prior Lake City Manager that it intends to modify the
terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage
prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal
date addressed as follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek
Avenue, Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least
forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be
modified, amended, amplified, or limited by reference to any document, instrument, or agreement,
whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one
draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs
and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall
be duly honored upon presentation.
BY:
Its
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24
EXHIBIT "C"
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER:
City of Prior lake
16200 Eagle Creek Avenue
Prior lake, Minnesota 55372-1714
INSURED:
ADDITIONAL INSURED:
City of Prior lake
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date:
Expiration Date:
Insurance Company:
( ) Claims Made
( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$500,000 for one person $1,000,000 for each occurrence
Property Damage:
$200,000 for each occurrence
-OR-
Combination Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
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25
..
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting . YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.
Expiration Date:
Effective Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$500,000 each person
$1,000,000 each occurrence
Property Damage:
$500,000 each occurrence
-OR-
Combined Single Limit Policy:
$1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF
THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO
THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
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26
..
EXHIBIT "0"
TO
DEVELOPMENT CONTRACT
CITY REQUESTED WORK
WATER QUALITY IMPROVEMENT PROJECT
CITY PROJECT #98-21
STATEMENT OF ESTIMATED QUANTITIES
RED OAKS RD SE STORM SEWER - PROJECT 98-21
ITEM SPEC. REF DESCRIPTION UNIT QTY UNIT COST TOTAL
#
1 2104.505 REMOVE BITUMINOUS PAVEMENT SY 75 $7.00 $525.00
2 2104.513 SAWING BITUMINOUS PAVEMENT LF 80 $5.00 $400.00
5 2531.501 B612 CONCRETE CURB & GUTTER LF 32 $8.50 $272.00
6 2531.502 MOUNTABLE CONC CURB & GUTTER LF 20 $7.00 $140.00
7 2211.501 CLASS 5 AGGREGATE BASE TON 20 $7.55 $151.00
8 2331.514 TYPE 31B, BASE COURSE TON 8.1 $30.00 $243.00
9 2331.508 TYPE 41A, WEAR COURSE TON 5.5 $30.00 $165.00
10 2575.555 TURF ESTABLISHMENT LS 1 $500.00 $500.00
11 2101.502 CLEARING TREE 2 $150.00 $300.00
12 2101.507 GRUBBING TREE 2 $125.00 $250.00
3 2573.502 HEAVY DUTY SILT FENCE LF 25 $1.80 $45.00
4 2506.522 ADJUST MANHOLE CASTING EACH 1 $125.00 $125.00
13 2105.522 SELECT GRANULAR BORROW CY 2.7 $8.00 $21.60
T SCHEDULE NO.5 (98-21) TOTAL $3,137.60
APRIL 8,1999
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27
EXHIBIT II Ell
RED OAKS ADDITION DATE: 418/99
PRIOR LAKE. MINNESOTA RYAN ENGINBERING.lNC.
PROJECT NUMBER: NA
SINGLE FAMILY HOlIES
UTtUTIES AND STREET ESTIMATE (2 SINGLE FAMILY HOMES)
tE~GINEERS ESTI~TE
EROSION CpNTROl LF. 150 $1.80 $210
SILT FENCE
FLOATING SILT FaK:E LF. 200 $7.00 '1,<<10
SEED & MULCH LS. 1 $300.00 $300
SUaTOTAL EROSION CONTROL $1,970
~IT~Y SEWeR $2.400
RAISE SANITARY MANHOLE EACH 2 $1.200.00
SUBTOTAL SANITARY SEWER $2.400
~ORM SEWE~
1Z'RCP LF. 25 $'8.00 I4SO
STANDARD CATCHBASIN EACH 1 $1.2DO.00 $1.200
STANDARD C9IMH (SUMP) EACH 1 $1,400.00 $1.<<10
12" APRON W/TRASH GUARD EACH 1 $800.00 $8CO
. RIP RAP c.Y. 8 $SO.OO $400
SUBTOTAL STORM SEWER $4,050
STRI=ETS
GRANVLAR FILL TON 1100 . $8.00 $8.800
REMOVE EXlST ASPHALT S.Y. 86 $7.00 ss9S
f1' ClASS V (1' BEHIND BIC) TON 182 '7.65 $1,223
SUBGRADE PREPARATION S.Y. M3 SO.50 $287
6812 CURB AND GlrITER LF. 228 $8.50 $1.921
0412 CURB AND GUTTER LF. 265 $7.00 $1,786
Z' BfT. BASE COURSE TON 81 . $30.00 $1,830
TACK COAT GALLO 28 $2.00 $68
1-1J2" afT. WEARING COURSE TON #07 $30.00 $1,410.
ADJUST CAsnNG (MH & GV) EACH 1 5126.00 $125
BOULEVARD RESTOAATION (2' SOD) L.F. 228 $0.50 $113
SUBTOTAL STREETS $18. 125
OTHER ITEMS
RETAINING WALL S,F. 900 $17.00 S15,3OO
SUBTOTAL OTHER ITEMS $15,300
TOTAL CONSTRUCTION COSTS $C1,845
Ryan Engineering, Inc.
redoak$,XlS
41819$
Council Meeting Minutes
April 19. 1999
OLD BUSINESS:
Consider Approval of Resolution 99-XX Approving the Developer's Contract with Hillcrest
Homes for Red Oaks Lots 40, 41 and 42 (City Project No. 98-39).
BOYLES: Reviewed the history and current status of the item in connection with the staff report.
MOTION BY KEDROWSKI SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX
APPROVING THE DEVELOPER'S CONTRACT WITH HILLCREST HOMES FOR RED OAKS
LOTS 40, 41 AND 42 (CITY PROJECT NO. 98-39) AND APPROVING FUNDING FOR CITY
PROJECT 98-12.
MADER: Asked if Developer's Agreement contains a provision which allows it to become effective
upon approval of the road by the DNR and if there is any City liability for acting upon the
Agreement prior to DNR action without such a provision.
fACE: Clarified that the Developer's Agreement does not contain that provision, and that she
believed there to be little or no City liability as a result because building permits would not be
issued until all DNR approvals were received.
VOTE: Ayes by Mader, Kedrowski, Petersen and Schenck, the motion carried.
Consider Approval of Resolution 99-XX Approving Final Plat and Development Contract for
Northwood Oaks Estates First Addition and Resolution 99-XX Approving the Staging Plan
for the Northwood Oaks Estates Development.
BOYLES: Reviewed the agenda item and Resolutions sought. Also advised the Council on the
separate requests from residents that the City add a park in this area..
MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX
APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR NORTHWOOD OAKS
ESTATES FIRST ADDITION.
SCHENCK: Discussed his opposition because of the lack of a park, and the number of access
points to Northwood Road.
KEDROWSKI: Suggested directing staff to come back to the Council with a recommendation as to
parks for this area without withholding approval of this development.
MADER: Asked the City Attorney to clarify why the City cannot hold up this approval due to parks.
~: Provided that final plats that substantially comply with all the conditions of the preliminary
plat should be approved subject to the conditions identified at the time of preliminary plat approval.
In this case, the Developer provided a cash payment in lieu of park land dedication as provided by
the statute.
VOTE: Ayes by Mader, Kedrowski and Petersen, Nay by Schenck, the motion carried.
041999.DOC
3
J
AGENDA ITEM:
DECEMBER 7,1998
10B
JENNI TOVAR, PLANNER .Jl\il
GREG ILKKA, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
CONSIDER APPROVAL OF RESOLUTION 98-XX
AMENDING RESOLUTION 98-43 APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF HILLCREST
HOMES
MEETING DATE:
AGENDA #:
PREPARED BY:
DISCUSSION:
HISTORY
On April 6, 1998, the City Council adopted Resolution 98-43
approving an administrative plat for Hillcrest Homes. The
request involved the combination of Lots 40, 41, and 42,
Red Oaks subdivision into two lots with variances to lot width
and lot area. Conditions of approval for the administrative
plat included a "Permit Agreement for Private Use of Public
Property" (permit agreement) be executed, that the property
owner provide a drainage plan subject to approval of the
City Engineer, and the property owner pay all costs
associated with the drive on public right-of-way.
CURRENT CIRCUMSTANCES
Over the summer, staff has been working with the property
owner and the City Attorney to reach an agreement on the
specific language and requirements of the permit
agreement. A final agreement was forwarded to the property
owner on September 23, 1998 which addressed most of the
concerns of the property owner. On November 4, 1998, the
City received a letter, copy attached, from the property
owner requesting the permit agreement be removed as a
condition of approval of the administrative plat. The property
owner's alternative to constructing the private drive and
maintaining it is to construct a 20 foot wide street, minimum
City standards given the 20 foot right-of-way, and let the City
maintain the street. Parking will be prohibited on one or
both sides of the street whether it is publicly or privately
maintained.
162Qo.~Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ISSUES
The purpose of this item is to consider changing condition
No. 1 in Resolution 98-43 to provide the property owner
alternatives to constructing the roadway. The current
requirement for development is a "Private Use of Public
Property" agreement.
The property owner has requested that the conditions of the
administrative plat approval be modified to allow him to
explore the options of improving the street to a minimally
acceptable city standard. With such a modification he then
has three possible courses of action:
1) Enter into the originally contemplated "permit agreement".
This allows the developer to design and construct the road.
The developer and/or future homeowners would be required
to carry insurance on the road and be responsible for all
maintenance despite the fact the road is public and will be
used by the public; or
2) Enter into a Development Agreement with the City to
allow the developer to construct the street to minimal City
standards. This would require the developer to design the
road and construct the road at his own expense. The road
would then be turned over to the City for permanent
maintenance as a public road; or
3) Petition the Council for a public improvement project
under M.S. 429 to have the improvement costs assessed to
the benefiting properties. The Council would have to
determine what year to budget for the project in the CIP and
then hold the appropriate assessment hearings for final
approval. This avenue will also require a developers
agreement, requiring the developer to design the road and
to make a cash deposit. The road would be constructed by
the City and the costs assessed to the affected property
owners. The City would assume permanent maintenance
costs.
The developer has until April 6, 1999, to obtain building
permits for the proposed structures or the variances to lot
area and lot width will be void. The building permits for the
proposed structures cannot be issued until the agreement is
signed and new deeds are approved and recorded. A
HILLCRST.DOC
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
HILLCRST.DOC
Certificate of Occupancy will not be issued until the road is
constructed.
CONCLUSION
Before the property owner spends a lot of time and money
pursuing these alternatives it is appropriate to modify the
conditions of the administrative plat approval to allow him
the options if he so chooses. At this time, the City Council
would be granting the developer options. The Developers
Agreement or 429 Public Improvement Project (options 1 or
2) would required future City Council approval. A resolution
is attached for consideration and is recommended by the
staff for approval.
If the street is constructed to a minimally acceptable city
standard (under option 1 or 2), the City will be responsible
for its year around maintenance.
The alternatives for the Council to consider are:
1. Approve Resolution 98-XX amending Resolution 98-43
approving the administrative plat request of Hillcrest
Homes.
2. Amend and approve Resolution 98-XX.
3. Deny this item and provide the staff with direction.
A motion and second to Approve Resolution 98-XX
amending Resolution 98-43 approving the administrative
plat request of Hillcrest Homes.
......
RESOLUTION 98-XX
A RESOLUTION AMENDING RESOLUTION 98-43 APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES.
MOTION BY: SECOND BY:
WHEREAS: the City Council considered an application for administrative plat
approval of Lots 40, 41 and 42, Red Oaks for Hillcrest Homes on April 6,
1998,and
WHEREAS: the City Council approved the application for administrative plat of Lots
40, 41, and 42, Red Oaks in Resolution 98-43 with conditions, and
WHEREAS: condition no. 1 stated "1. A "Permit Agreement For Private use of Public
Property" be executed and recorded for the construction of a private
drive on the publicly dedicated roadway, and
WHEREAS the property owner has requested a change to condition number 1.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PRIOR LAKE, MINNESOTA, that condition no. 1 of Resolution 98-43 is hereby amended to
read:
"1. A "Permit Agreement For Private use of Public Property" be executed and recorded for the
construction of a private drive on the publicly dedicated roadway. In lieu of the Permit
Agreement, the developer may construct at his cost or cause to be constructed through a (1)
Developers Agreement or (2) via a petition for public improvement, a minimum standard City
street as approved by the City Engineer."
Passed and adopted this 7th day of December, 1998.
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
YES
NO
{Seal}
City Manager
City of Prior Lake
HILLCRST.DOC
HHI
NUV
41998
HILLCREST HOMES, INC.
14122 Louisiana Ave., Savage, Minnesota 55378
(612) 898..;7663 Office (612) 898-3364 Fax
\
-~' ...--_.....~- ,---
L-_-------.........- --,,-
"A Builder Driven By Quality Crqftsma.n.ship and Value."
November 4,1998
Jenny Tovar
Planning
City
. "Permit Agreement For Private Use of Public Property" also requires the owners of
lot 40 & part of 41 and lot 42 & part of 41 to carry additional liability insurance over
and above what a typical owner would have. This is excessive and would decrease
the salability of these lots.
Builder License # 20036544 . Member of the Builders Association of the Twin Cities
· The 20' width would provide a better fit into the city portion of the sand trap at the
one end of the roadway. This would allow for a better transition from the current
roadway to this new section of roadway.
I have enclosed a copy of plans that illustrate the 20' roadway. I have also spoken to the
DNR regarding the shoreline reconstruction required to build the roadway. If need be,
you can contact Pat Lynch. He requested that we re-fileour application for permit, rather
than amend the current permit. If you have any questions, or need additional information
please give me a call.
our attention to this matter.
-."--~~"'::""'~~"'b'~:_'_"" _, _ "
. ~- ~
..
RESOLUTION 98-43
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES
MOTION BY: KEDROWSKI SECOND BY: PETERSEN
WHEREAS: notice of the said administrative plat has been duly published and posted in
accordance with the applicable Minnesota Statutes and Prior Lake Ordinances;
and
WHEREAS: all persons interested in this issue were afforded the opportunity to present their
views and objections related to the administrative plat for the record at the City
Council hearing; and
WHEREAS: the City Council has reviewed the administrative plat according to the
applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said plat to be consistent with the provisions of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for administrative plat
approval of Lots 40, 41 and 42, Red Oaks as described in Exhibit A (attached),
for Hillcrest Homes on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for
the combination of Lots 40,41 and 42 Red Oaks into two lots as described and shown in attached
Exhibit A (survey) with the following conditions:
1. A "Permit Agreement For Private use of Public Property" be executed and recorded for the
construction of a private drive on the publicly dedicated roadway.
2. A separate grading permit will be required for construction of the driveway. A tree
preservation plan will be required as part of this permit.
3. The existing structure on Lot 41 must be removed prior to City approval of the warranty
deeds for the new lots such that the structures is not located on two separate lots.
4. Five foot drainage and utility easements be granted along the interior lot lines. This must be
shown on a revised survey and a legal description drafted and appropriate documentation
recorded.
16200 E~~eu~~~~~o}t{~~~~~E:~~g~11~~, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6~2~a47-4245
AN EQUAL OPPORTUNITY EMPLOYER
. ---
.
.
5. Developer to provide a drainage plan for proposed access driveway that addresses impact of
the proposed drive upon the drainage of Lots 38 and 39, subject to approval of City
Engineer, and will pay all costs associated with the drive on public right-of-way. There will
be no parking allowed on the access road and the developer will install ''No Parking" signs
on the access drive.
6. This proposed administrative subdivision is to be reviewed by the Fire Chief and is subject
to his recommendations and approval.
Passed and adopted this 6th day of April, 1998.
YES NO
Mader Mader X
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner el1n
{Seal}
r:\council\resoluti\planres\rs98-043.doc
Page 2
Council Meeting Minutes
December 7. 1998
the school's use of a facility outside the community has. The amendment saves taxpayers
dollars which is unique to the school district.
PACE: Explained that the amendment proposed creates an exception to hours of operation
for only school events. The Council would need a rationale basis for the distinction between
schools and other similar businesses, and to determine if the exception is overcoming the
rule? It is certainly a policy decision. There is a rationale for permitting schools because
school district taxes and levies have a burden to the community.
KEDROWSKI: Questioned staff regarding the impact of limited parking?
KANSIER: Staff recommended denial of this amendment because of the potential parking
and traffic concerns within the business park. Extending the hours can cause problems for
businesses in the business park who would have to compete for parking during events.
However, should the Council elect to approve the amendment, the City does have the
opportunity to re-evaluate the traffic and parking concerns through its issuance of the
required Conditional Use Permit.
MOTION BY KEDROWSKI, SECOND BY WUELLNER, TO APPROVE ORDINANCE 98-
XX APPROVING AN AMENDMENT TO THE ZONING ORDINANCE TO EXTEND THE
HOURS OF OPERATION FOR GYMNASTIC SCHOOLS IN THE BP (BUSINESS PARK)
DISTRICT. UPON A VOTE, AYES BY MADER, KEDROWSKI, PETERSEN AND
WUELLNER, THE MOTION CARRIED.
B. Consider Approval of Resolution 98-XX Amending Resolution 98-43 Approving the
Administrative Plat Request of Hillcrest Homes.
City Manager Boyles introduced the item in conjunction with the Staff report. He indicated
that the main concern was with road access to the plat. Options (1) Public use of Private
property agreement; (2) Developer to construct public road by (a) assessment, or (b)
developer paid.
KEDROWSKI: Requested clarification as to the options and why we would entertain a
request to readdress an issue we had already decided on.
BOYLES, PACE, ILKKA and KANSIER each detailed issues with developing a public right-of-
way for private use (i.e. a driveway). Staff stated that a special assessment would allow the
developer to pay for the improvement over a periOd of ten years, and that this is an option
available through our subdivision ordinance. Staff also advised that this is a 20-foot wide
public right-of-way which meets the standards required by Fire Code for development of a
public road. The City would not need to acquire additional right-of-way from adjacent
property owners, but would need temporary construction easements. Staff recommended
bringing the Resolution to the Council because there are several benefits to having the
developer install a standard public street - namely fire/emergency vehicle access.
ApPLICANT CHRIS DEANOVlC [Hillcrest Homes]: Stated that construction of the driveway is
one-sided with regard to his property owners (i.e. they would be required to maintain public
property.) That fact, in combination with the development of Red Oaks, brought up the
120798.DOC
6
Council Meeting Minutes
December 7. 1998
discussion of whether this road would potentially be under public improvement anyway?
Fire safety and DNR have both approved the developer design of a public roadway.
MADER: Raised concerns that one of the affected property owners (Mr. Fike) would object,
and stated that he is uncomfortable with amending the resolution because it may open the
door for further dispute.
BOYLES: Clarified that this resolution does not approve a public right-of-way. What it does
is provide an opportunity to pursue other options. Further approval of design, etc. will come
through the Council.
WUELLNER: Questioned the developers costs for installing a standard public road?
ApPLICANT DEANOVlC: The retaining wall, road base, final topcoat.
MADER: Asked if Mr. Fike has access now, what would be his benefit to gain 100-feet of
roadway.
ILKKA: Potentially, because his driveway is in a public right-of-way, he and the other two
properties could have to absorb an assessment for an entire improvement project.
There was discussion regarding specific language in resolution.
KEDROWSKI: Stated that the Council can't try to anticipate every problem. Let's give the
developer the rope to complete his project.
MOTION BY KEDROWSKI, SECOND BY WUELLNER TO APPROVE RESOLUTION 98-
XX AMENDING RESOLUTION 98-43 APPROVING THE ADMINISTRATIVE PLAT
REQUEST OF HILLCREST HOMES.
KEDROWSKI: Stated that the fact is Mr. Fike does not want the development, and each
property owner has the right to develop if he so chooses.
DEVELOPER: This has not been an easy project for us either (i.e. difficult neighboring
property, low elevation, road that doesn't exist).
AYES BY KEDROWSKI, PETERSEN, WUELLNER, NAY BY MADER, MOTION CARRIED.
C. Consider Approval revisions to the Parks Division Winter Maintenance Policy.
Boyles presented a brief overview of the Winter Maintenance Policy and the action required
by the Council. AI Friedges gave a brief presentation of the specific proposed trail and
sidewalk additions to the Winter Maintenance Policy.
KEDROWSKI: Why Duluth Ave.? Isn't that private property? What is the policy for
unmaintained trails abutting private property?
HOKENESS: On Duluth Ave. in particular there are big gaps. It is easier and more efficient
for maintenance to just plow the entire trail.
120798.00c
7
STAFF AGENDA REPORT
AGENDA #
PREPARED BY:
SUBJECT:
8A
JENNITOVAR,PLANNER
PUBLIC HEARING TO CONSIDER APPROVAL OF
RESOLUTION 98-XX APPROVING ADMINISTRATIVE
SUBDIVISION WITH VARIANCES FOR HILLCREST
HOMES ON PROPERTY DESCRIBED AS LOTS 40, 41
AND 42 RED OAKS
APRIL 6,1998
DATE:
INTRODUCTION:
Hillcrest Homes submitted an application for an
administrative land subdivision which includes a variance to
lot area. Administrative land divisions are approved
ad!T1inistratively if there are no variances or if there is no
written appeal received within 10 days of notification. Since
this request includes a variance, the Council must review
the application. Following a public hearing, the Council may
decide to hear the request now, and act upon it. As an
alternative, the Council may refer the item to the Planning
Commission for input following the public hearing (see
Exhibit A). The public hearing notice (attached) has already
been mailed indicating that the Council will conduct a public
hearing on April 6th.
ANALYSIS:
The applicant is proposing to combine three substandard
existing lots of record to create two lots for the future
construction of two single family dwellings. The lots are Lot
40, Lot 41 and Lot 42 of Red Oaks and are in separate
ownership. Red Oaks was platted in 1930 (Exhibit B). A
single family dwelling is located on Lot 41 which will be
demolished. Existing lot attributes are as follows:
Lot 40: 49' Lot width 7,026 square feet above 904 el.
Lot 41: 48' Lot width 7,649 square feet above 904 el.
Lot 42: 68' Lot width 13,497 square feet above 904 el.
There is an existing house on Lot 41. Lots 40 and 42 are
vacant. City Code allows for existing lots of record to be
buildable if the minimum lot width is 50 feet and the
minimum lot area is 7,500 square feet. If the lot width or
area are less than that, then a variance must be granted to .
be buildable. Upon review of such variance, reasonable use
of the existing lots are determined along with hardship
criteria. If the lots were to develop as three separate lots,
the following variances would be required:
L:\98FILES\98ADPLA1\98-033\98-033CC.DOC Eage 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6L~) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Lot 41: Lot width.
Lot 42: OHW setback.
The attached Exhibit B shows how the lots could be
developed as three separate lots with variances.
The petitioners request is to combine the three lots to two
lots. The attributes of the two lots as requested is:
Lot 1 (north lot): Lot width 94.79 feet
Lot area 14,120 sq. feet above 904 el.
(880 square foot variance)
OHW width 263.05 feet
Lot 2 (south lot): Lot width 71.28 feet
(18.72 foot variance)
Lot area 9,810 sq. feet above 904 el.
(5,190 square foot variance)
OHW width 85.7 feet
The proposed Lot 1 (north lot) will meet lot width and OHW
frontage. A variance to lot area is being requested. The
proposed Lot 2 (south lot) will meet the requirements as to
OHW frontage, but needs a variance to lot width and lot
area. Setback variances are not being requested for either
lot. Exhibit C shows the building pads of the proposed lots.
The elevations of the proposed structures do not meet the
recently adopted flood requirements and the applicant is
aware of the required flood protection elevation of 909.9'
MSL.
Red Oaks Addition was platted with access to Lots 38-42 via
a 20 foot publicly dedicated road. The road has never been
built. The current access is a private drive, partially paved,
serving the two existing structures on Lots 38 thru 41. The
drive is located partially within the dedicated roadway and
partially on private property. The City does not maintain the
road because it does not meet City standards and is partially
located on private property.
Access for the proposed two lots can be achieved one of
two ways:
· Via a private driveway easement for the existing drive
(over Lots 38 and 39) and completed construction of the
bituminous drive to serve the two proposed lots.
or
· By construction of the road as shown on the original plat.
Because private streets are only allowed under PUD's and
must meet City standards, the applicant is not proposing to
L:\98FILES\98ADPLA 1\98-033\98-033CC.DOC
Page 2
replat the property to include a new private street. The
width of the road and current City standards make this an
unviable option. Rather, the applicant is proposing to utilize
the existing publicly dedicated road for access. Because the
existing dedicated road is substandard and is not
constructed, a "Private Use Of Public Property" agreement
must be executed and recorded with the new lots (attached).
This will allow the petitioner to construct a driveway access
across the dedicated road right-of-way to provide access to
the proposed lots. This driveway cannot meet current City
standards so it will not be maintained by the City. The end
result is a private driveway on public right-of-way
constructed and maintained by private property owners.
The agreement requires the property to remain open for
public use.
Considerations for constructing this road include a minimum
elevation of 907.9 feet. A portion of the dedicated right-of-
way is within the flood plain and below the Ordinary High
Water (904') elevation. Therefore, fill must be used to
elevated the drive. Exhibit A indicates the location of the
dedicated drive and the width available for construction of
the road above the Ordinary High Water elevation (904').
Approximately 12 feet of the dedicated 20 feet is above the
904 elevation.
The Tree Preservation Ordinance also applies to these lots.
Tree preservation plans will be required at the time permits
are issued.
VARIANCE HARDSHIP STANDARDS
1. Literal enforcement of the Ordinance would result in
undue hardship with respect to the property.
This criteria goes to whether reasonable use can be
made of the property if the Ordinance is literally
enforced. Considering the lots are separate lots of
record, reasonable use of the property cannot be made
without four variances. As proposed, three variances
are being requested. The applicant is proposing to
reduce the non-conformity of the three lots by re-platting
the property.
2. Such unnecessary hardship results because of
circumstances unique to the property.
The unique circumstances are the location of the lots on
a peninsula and the platting of the property prior to the
establishment of the shoreland regulations. Considering
that those are existing conditions created in 1930 and
L:\98FILES\98ADPLA T\98-033\98-033CC.DOC
Page 3
they cannot be altered to meet the ordinance
requirements, hardships do exists for lot area and lot
width.
3. The hardship is caused by provisions of the
Ordinance and is not the result of actions of persons
presently having an interest in the property.
The lot width and area are hardships that are not the
result of the applicant's actions. The property was
platted in 1930 as three lots. Four separate variances
would be necessary to build and make reasonable use
of the property. The applicant is proposing to reduce the
number of lots and thus reduce the exiting non-
conformities. The hardship is caused by provisions of
the ordinance and not the result of the petitioners
actions.
4. The variance observes the spirit and intent ofthis
Ordinance, produces substantial justice and is not
contrary to the public interest.
Considering the three lots are existing lots of record,
they could be built upon separately. All of the existing
three lots are substandard, however two of the three lots
cannot be built upon because each lot lacks at least 50'
in width measured at the front yard setback and is less
than 7,500 sq. feet in area. The applicant is proposing
to combine the three lots, reducing the non-conformity of
the lot width, area and OHW width as much as possible.
Staff feels that the existing lots, platted prior to the
implementation of the Shoreland Ordinance, present
hardships that are unique to the property and under no
control of the applicant. The proposed combination of three
substandard lots is in the best interest of the public. Staff
recommends approval of the variance and the administrative
land division with the following conditions:
1. A private easement be obtained for use of the existing
driveway across Lots 38 and 39 and construction of the
bituminous drive be continued to serve the proposed
lots;
or
A "Permit Agreement For Private Use Of Public
Property" be executed for the construction and use of
the road prior to the issuance of a building permit for
either proposed house.
2. A separate grading permit will be required for
construction of the private drive.
L:\98FILES\98ADPLA 1\98-033\98-033CC.DOC
Page 4
AL TERNA TIVES:
RECOMMENDATION
ACTION REQUIRED:
REVIEWED BY:
3. The existing structure be remove prior to City approval
and recording of the new warranty deeds. This will
eliminate a structure being located over a lot line in the
event the proposed development is not completed.
4. Dedication of drainage and utility easements along
interior lot lines is also required.
Notices of the administrative lot division and variance
request were mailed on March 6, 1998. Attached are two
letters raising issues about the proposed development.
1. Following the public hearing, City Council could make a
decision regarding the variance request and
administrative subdivision.
2. Following the public hearing, the City Council could
refer one or both of the requests to the Planning
Commission for input or request that the Planning
Commission hold a public hearing on the variance
request.
In the absence of receiving significant new input from the
public hearing then Alternative 1 would be appropriate. If
new information or questions arise, then the Council may
wish to pursue Alternative 2.
If the Council wishes to act upon the petition, a motion and
second to adopt Resolution 98-XX approving the variance
requests and Resolution 98-XX approving the administrative
plat is required. 1-
L: \98FILES\98ADPLA 1\98-033\98-033CC.DOC
Page 5
RESOLUTION 98-XX
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES
MOTION BY:
SECOND BY:
WHEREAS: notice of the said administrative plat has been duly published and posted in
accordance with the applicable Minnesota Statutes and Prior Lake Ordinances;
and
WHEREAS: all persons interested in this issue were afforded the opportunity to present their
views and objections related to the administrative plat for the record at the City
Council hearing; and
WHEREAS: the City Council has reviewed the administrative plat according to the
applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said plat to be consistent with the provisions of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for administrative plat
approval of Lots 40, 41 and 42, Red Oaks as described in Exhibit A (attached),
for Hillcrest Homes on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for
the combination of Lots 40, 41 and 42 Red Oaks into two lots as described and shown in attached
Exhibit A (survey) with the following conditions:
1. A private driveway easement be obtained and recorded for use for the existing private drive
located on adjacent Lots 38 and 39 Red Oaks and construction of the bituminous drive be
continued to serve the proposed two lots;
or
A "Permit Agreement For Private use of Public Property" be executed and recorded for the
construction of a private drive on the publicly dedicated roadway.
2. A separate grading permit will be required for construction of the driveway. A tree
preservation plan will be required as part of this permit.
3. The existing structure on Lot 41 must be removed prior to City approval of the warranty
deeds for the new lots such that the structures is not located on two separate lots.
1:\98files\98adplat\98-033\ccres.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
4. Five foot drainage and utility easements be granted along the interior lot lines. This must be
shown on a revised survey and a legal description drafted and appropriate documentation
recorded.
Passed and adopted this 6th day of April, 1998.
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
YES NO
{Seal} City Manager
City of Prior Lake
1:\98fi1es\98adplat\98-033\ccres.doc Page 2
RESOLUTION 98-XX
A RESOLUTION OF THE PRIOR LAKE CITY COUNCIL GRANTING A 18.72 FOOT
VARIANCE TO PERMIT A 71.28 FOOT LOT WIDTH AT THE FRONT YARD
SETBACK RATHER THAN THE REQUIRED 90 FOOT LOT WIDTH AND
VARIANCES TO PERMIT LOT AREA OF 14,120 AND 9,810 SQUARE FEET RATHER
THAN THE REQUIRED 15,000 SQUARE FEET FOR TWO LOTS TO BE CREATED
VIA ADMINISTRATIVE PLAT FOR mLLCREST HOME
MOTION BY: SECOND BY:
WHEREAS: Hillcrest Homes has applied for a variance from Section 5-8-3 of the City Code
and Zoning Ordinance in order to permit the combination of three lots for the
creation of two lots in the R-1 (Suburban Residential) District on the property
described as Lots 40,41 and 42 Red Oaks, Scott County; and
WHEREAS: The City Council has reviewed the application for variance as contained in
Case #98-034 and held hearings thereon on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the following variances for
the combination of three lots to create two lots as identified in attached Exhibit A (legal
description and survey):
1. An 880 square foot variance to permit lot area of 14,120 square feet rather than the required
15,000 square feet for proposed Lot 1.
2. A 5,190 square foot variance to permit lot area of 9,810 square feet rather than the required
15,000 square feet for proposed Lot 2.
3. An 18.72 foot variance to permit an OHW width of 71.52 feet rather than the required 75
feet for proposed Lot 2.
FINDINGS
1. The City Council has considered the effect of the proposed variances upon the health, safety,
and welfare of the community, the existing and anticipated traffic conditions, light and air,
danger of fire, risk to the public safety, the effect on property values in the surrounding area
and the effect of the proposed variances on the Comprehensive Plan.
1:\98files\98var\98-034\ccres.doc d
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 4 7-4245
AN EQUAL OPPORTUNITY EMPLOYER
2. Because of conditions on the subject property and on the surrounding property, it is possible
to use the subject property in such a way that the proposed variances will not result in the
impairment of an adequate supply of light and air to adjacent properties, unreasonably
increase congestion in the public streets, increase the danger of fire, and danger to the public
safety, unreasonably diminish or impair health, safety, comfort, morals or in any other
respect be contrary to the Zoning Ordinance and Comprehensive Plan.
3. The special conditions applying to the subject property are unique to such property, and do
not generally apply to other land in the district in which such land is located. The unique
circumstances applicable to this lot are that the lots are located on a peninsula and were
originally created in 1930, prior to the implementation of the Shoreland Ordinance, over
which, the applicants had no control, nor can they change the existing conditions.
4. The properties could be developed separately as existing substandard lots upon the approval
of four variances. The applicant has proposed to combine the lots into two lots, thus
reducing the nonconformity.
5. The granting of the variances are necessary for the preservation and enjoyment of a
substantial property right of the applicant. The variances will not serve merely as a
convenience to the applicants, but is necessary to alleviate demonstrable hardship.
6. The contents of Planning Case 98-034 are hereby entered into and made a part of the public
record and the record of decision for this case. Pursuant to Section 5-6-8 of the Ordinance
Code this variance will be deemed to be abandoned, and thus will be null and void one (1)
year from the date of approval if the holder of the variances has failed to obtain any
necessary, required or appropriate permits for the completion of contemplated
improvements.
Passed and adopted this 6th day of April, 1998.
YES NO
Mader Mader
Kedrowski Kedrowski
Petersen Petersen
Schenck Schenck
Wuellner Wuellner
{Seal} City Manager
City of Prior Lake
1:\98files\98var\98-034\ccres.doc 2
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PERMIT AGREEMENT FOR
PRIVATE USE OF PUBLIC PROPERTY
THIS AGREEMENT is made and entered into this day of
1997, by and between th~ CITY OF PRIOR LAKE, Minnesota, a municipal corporation
(hereinafter referred to as "City"), and , [husband
and wife; a partnership; a corporation] (hereinafter referred to
as "Owner").
RECITALS
WHEREAS, Owner is the fee owner of a tract of land in Scott County,
located at , and legally described
as follows:
[LEGAL]
(hereinafter referred to as "Owner's Property"); and
WHEREAS, the City is the owner of property, legally described as follows:
[LEGAL] and;
WHEREAS, a portion of the serving Owner's Property encroaches on
a portion of the property abutting Owner's property, as described on Exhibit A attached hereto
(the en.::roached portion of the property hereinafter referred to as the "Permit Property"); and
-OR-
WHEREAS, Owner wishes to use the Permit Property for
; and
WHEREAS, Owners have requested the City to authorize continued use of the Permit
Property for purposes; and
WHEREAS, such continued use of the Permit Property is not inconsistent with current
use of the property by the City and the public; and
WHEREAS, the City may in the future desire to use the Permit Property. for other
purposes which are not consistent with Owners use of the Permit Property, and therefore the
City intends to retain all of its right, title, and interest in the Permit Property;
46241
1
r
1
NOW, THEREFORE, the parties agree as follows:
1. Permit. Owners shall be permitted to use the Permit Property for
purposes at Owner's sole expense and risk, and with full knowledge that the City may, upon
notice as provided herein,. require Owner's to be removed from the Permit
Property at any future date,- at Owner's sole expense. The Permit Property must be kept open
to public use at all times, and no fence or other obstruction may be placed on the Permit
Property without the prior written approval of the City, which may be given or withheld in the
sole discretion of the City.
2. Maintenance of Permit Property: Modification. Owner shall maintain the Permit
Property in good condition at all times, at their sole cost and expense. If Owner fails to do so,
the City may cause the necessary repair or maintenance to be done at Owner's cost. If Owner
fails to pay the City for such costs, the City may assess the costs against Owner's Property.
Owner shall not make any modifications to the or otherwise modify
the Permit Property without the prior written approval of the City, which may be given or
withheld in the sole discretion of the City.
3. Termination. In the event the City desires to use the Permit Property for a
purpose which is inconsistent with use by Owner, to be determined in the
City's sole discretion, or in the event Owner fails to comply with any requirement of this
Agreement within sixty (60) days after receiving a notice from the City requesting such
compliance, the City through its City Manager may terminate this Permit Agreement by giving
ninety (90) days written notice of termination to Owner by certified mail at the following
address: Such notice may, at the
City's option, require Owner to completely remove the from the Permit
Property within said ninety (90) day notice period, induding all debris. If this Permit
Agreement is terminated by the City as provided herein, Owner will be solely responsible for
all costs and expenses related to construction of a which is located on Owner's
Property, in accordance with all City Ordinances.
If Owner fails to remove the as required by a proper notice of termination,
the City may cause the removal to be done and the costs of such work shall be paid by Owner.
If Owner fails to pay the City for such costs, the City may assess the costs against the Owner's
Property.
4. Consent to Special Assessment. Owner hereby acknowledges and consents to the
City's right to specially assess any costs incurred by the City for any repair or maintenance
performed pursuant to Paragraph 2 of this Permit Agreement, or any costs incurred by the City
to remove Owner's from the Permit Property pursuant to Paragraph 3 of this Permit
Agreement. Owner waives any right to protest or appeal any special assessment levied pursuant
to this Permit Agreement.
5. Future Development. Owner understands and acknowledges that the City may
utilize the Permit Property at some future date and in the sole discretion of the City. In the
46241
2
event the City undertakes such development, and if this Permit Agreement is not terminated by
the City as provided above, Owner agrees to cooperate with the City as necessary to facilitate
City's use of the Permit Property, and the City agrees to use its best efforts to accommodate
Owner's use of the Permit Property for the purposes stated herein.
6. IndemnitY. .owner shall defend, indemnify, and hold harmless the City and its
employees, subcontractors, -attorneys, agents, and representatives from and against all claims,
damages, losses, costs and expenses, including attorney's fees, which may be incurred by or
asserted a<1ainst the City or for which the City may be held liable, which arise out of or result
from use ;t the Permit Property for purposes, including but not limited to the
maintenance, repair or removal of Owner's , except liability caused solely by the
negligence of the City.
7. Insurance. As long as this Permit Agreement is in existence, Owner shall
maintain a general liability insurance policy which provides coverage for the Permit Property
for any daI1lage to property of others or injuries to persons. Said insurance policy shall provide
coveraoe on an occurrence basis in an amount no less than One Million dollars ($1,000,000),
and sh~ll include contractual liability coverage to provide coverage for the indemnification
. provision in Paragraph 6 above. Said policy shall name the City as an additional insured, and
shall contain a clause which provides that the insurer will not cancel, non-renew, or materially
change the policy without first giving the City thirty (30) days prior written notice. Owner shall
provide the City with a Certificate of Insurance for said policy which specifically details the
conditions of this Paragraph 6. .
8. Waiver of Claims. Owner acknowledges City's ownership of the Permit Property
and knowin!!ly waives any and all claims against the City related to Owner's use of the Permit
Property, i;:luding but not limited to claims of abandonment and contractual claims arising out
of this PerI1lit Agreement, except any claims which are the result of the sole negligence or
willful misconduct of the City or its employees or agents.
9. Condition of Propertv. Owner accepts the Permit Property II as is II and the City
makes no warranties regarding the conditions of the Permit Property or the suitability of the
Permit Property for Owner's purposes. .
10. Binding: Effect. This Permit Agreement shall run with the land and shall be
binding on and inure to the benefit of the parties hereto, their heirs, successors, or assigns.
11. Jlhole Ag:reement; Modification. This Permit Agreement contains all of the terms
and conditions relating to the permit granted herein, and replaces any oral agreements or other
negotiations between the parties relating to the permit. No modifications to this Permit
Agreement shall be valid until they have been placed in writing and signed by all parties hereto.
12.
Office of the
Recordation. Owner shall cause this Permit Agreement to be recorded in the
County Recorder at their cost and expense.
46241
3
IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of the
date first above written.
CITY OF PRIOR LAKE
OWNER(S)
By:
By:
)
)ss.
)
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 19_, by Lydia Andren and Frank Boyles, the Mayor and City Manager
respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority
granted by its City Council.
Notary Public
STATE OF MINNESOTA )
)5S.
COUNTY OF )
The foregoing instrument was
19_, by
and
on behalf of the [corporation/partnership].
acknowledged before me this
and
, respectively of
day of
the
Notary Public
This Instrument Drafted By:
Campbell. Knutson. ScOtt & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
(612) 452-5000
46241
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HHI
HILLCREST HOMES, INC.
16714 Jaguar Ave., Lakeville, Minnesota 55044
(612) 898-7663 Office (612) 898-3364 Fax
I ..
.~ Builder Driven By Quality Craftsmanship and Value."
LOTS 40, 41 AND 42 RED OAKS
Pertinent information regarding application to replat lots 40, 41St4!\.2 Red Oaks. Lots are
in separate ownership.
Pill #'s: 41 25-042-027-0
40.and42 25-042-027-1
VARIANCES REQUIRED
LOT COMBINATION
Lot width at setback:
Lot 1: 94'
Lot 2: 71'
Lot area:
Lot 1: 17.020 square feet
Lot 2: 11,153 square feet
Use existing platted street for driveway access
10' side yard setbacks
Lot 1:
None
Lot 2:
Lot area from 15,000 to 11,153 square feet
Lot width at street from 85' to 71 '
EXISTING LOTS WITHOUT REPLATTING
Lot width at setback:
Lot 40:49'
Lot 41:48'
Lot42:68'
Builder License # 20036544. Member of the Builders Association of the Twin Cities
,~ ,
Lot area:
Lot 40: 7,026 square feet
Lot 41: 7,649 square feet
Lot 42: 13,497 square feet
Use existing platted street for driveway access
5 and 10' side yard setbacks
VARIANCES REQUIRED
Lot 40:
1. Lot width at 25' front yard setback from 50' to 49'
2. Lot area from 7500 square feet to 7026 square feet
3. Lakeside setback on easterly portion from 50' to an amount to be determined by
specific floor plan.
Lot 41:
1. Lot width at 25' front yard setback from 50' to 48
Lot 42:
Lakeside setback along northerly lot line from 50' to 32
It is evident that in this instance the best use for the land would be to combine all three
parcels, and replat to two parcels. If necessary three sites could be utilized, however it is
our intent to pursue the two-site scenario. New legal description would be Lot 40 and plo
41..... and Lot 42 and plo 41..... Red Oaks
Minnesota Department of Natural Resources
Metro Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (612) 772-7910 Fax: (612) 772-7977
March 20,1998
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Ms. Jenni Tovar
City of Prior Lake
16000 Eagle Creek Avenue S.E.
Prior Lake, Minnesota 55372
RE: PROPOSED ADMINISTRATIVE LAND DIVISION AND VARIANCE, LOTS 40, 41, & 42, RED OAKS
Dear :Ms. Tovar:
I have reviewed the materials submitted regarding the proposed zoning matter. Additionally, I have met with the
applicant to discuss the proposal. The following comments are submitted for consideration.
Please check to determine if the proposed lot sizes of 17,020 and 11,153 square feet include land below the ordinary
high water elevation (OHW) of 904.0 feet. As per your shoreland ordinance, only land above the OHW can be used
to meet the minimum lot area standard. Land below the OHW can be platted, but not credited towards the minimum
lot area requirement.
The DNR encourages combination of existing nonconforming lots of record. In fact, state law requires combination
of contiguous nonconforming lots of record in common ownership. My understanding is the subject three contiguous
lots are not in common ownership, and, thus, may be considered as three separate parcels for development purposes.
The:first floor elevations for proposed structures are depicted on the drawings I reviewed. Please ensure that the ~
floor elevations (including crawl space) are at or above the regulatory flood protection elevation (RFPE), the 100-year
flood elevation plus one foot.
Also, floodplain regulations require road access no lower than two feet below the RFPE. It appears the existing platted
road would need to be elevated to meet this zoning requirement. As discussed with the applicant, it is not likely the
DNR would permit encroachment into the lake (below 904') with fill for purposes of elevating the road.
The DNR is not opposed to the requested administrative land division and lot size variance, provided the floodplain
issues I mention above are adequately addressed.
Thank you for the opportunity to review and comment. If you have any questions, please call me at 772-7910.
Sincerely,
~.~.~
Patrick J. Lync(iiI
Area Hydrologist
c: Chris Deanovic, Hillcrest Homes
DNR Information: 612-296-6157,1-800.766.6000 . TTY: 612-296.5484,1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
ft Printed on Recycled Paper Containing a
'-.I Minimum of I09C Post-Consumer Waste
MICHAEL S. BENEDICT
15380 Breezy Point Road SE
Prior Lake, MN 55372
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March 17, 1998
Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
HAND DELIVERED
RE: Administrative Land Division for Lots 40, 41 and 42, Red Oaks
Gentlemen and Ladies:
I am writing to comment on the proposal to combine Lots 40, 41 and 42, Red
Oaks, into two parcels, one a conforming lot of 17,020 square feet, and the other a non-
conforming lot of 11,153 square feet.
The proposed lot combination will create an additional building parcel because
currently only Lot 41 appears to be buildable. Lot 40 is less than 50 feet wide and has
less than 7,500 square feet. Lot 42 is of adequate size, but does not appear to have an
adequate building pad after consideration of the 50 foot lakeshore setback and a 5 foot side
yard setback.
The area of the proposed lot is also not consistent with either the neighborhood or
my recently approved lots. The net lot area of my lots is 17,583,25,566 and 28,653
square feet. The combined area of Lots 40, 41 and 42 of 28, 173 square feet is more
consistent with the newly created lots in Red Oaks Second Addition, than a lot of only
11 , 153 square feet.
Since the owner has a reasonable use for the existing combined parcel, there does
not appear to be the hardship needed to support a variance approval for the substandard
lot.
You may call me at 831-0111 (work) or 447-2688 (home), if you have questions or
need additional information about my concerns.
Sincerely yours,
rrh~ J ~'NJ~cit>
Michael S. Benedict
MSB:jd
March 12, 1998
MS. Jenni Tovar
City of Prior Lake
16200 Eagle Creek Ave. S. E.
Prior Lake, MN 55372-1714
Re: Case #98-033 and #98-034
Dear Ms. Tovar:
Thank you for notifying me of the proposed division of the
land adjacent to my property (Lots 40, 41 and 42) Red Oaks
Addition, Scott County, Minnesota. I own Lots 38 and 39
and am concerned about this proposal.
The purpose of my letter is to voice my objection to the
building of two homes on the subject property. The only
road that accesses this property crosses my property. When
I purchased my property from the Durands in 1974, I gave
them permission to use the road on a year to year basis.
I gave permission to a single family only, and oppose any
additional use; specifically use of the road for develop-
ment of the adjacent land or use of the road by multiple
home owners. Any use of my land for these purposes, in my
mind, will be deemed trespassing.
One of the options would be to move the road to its proper
place, however, this might be in violation of the setback
regulations, would result in loss of trees and cause damage
to the shoreline.
I would be more than willing to try to work things out, as
long as it doesn't affect the use and quiet enjoyment of my
property. I would consider granting an easement if develop-
ment is limited, and I am reasonably compensated for the
easement.
Please send a copy of the City Council's status report con-
cerning this issue as soon as possible to James Feick, 10125
Crosstown Circle, #230, Eden Prairie, MN 55344. Thank you.
Sincerely,
L_4W
tlJames A. Feick
! ff\\D rn (f;@ [] ~ ill... r -."~,'.'
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il',\ MAR' 3 1998 i;
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NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION AND VARIANCE
Case #98-033 and #98-034
March 6, 1998
The Prior Lake Planning Department has received an application from Hillcrest
Homes to consider an Administrative Land Division for the property located at
15341 Red Oaks Road, legally described as Lots 40, 41 and 42, Red Oaks,
Scott County, MN. The proposal is to combine three existing lots into two larger
sized lots for future construction of single family dwellings. The proposed
subdivision does not create any additional buildable parcels, but rather reduces
the nonconformity of the existing three lots by combining the properties into two
lots.
A variance to lot area is being requested for the lot to contain Lot 40 and part of
Lot 41, Red Oaks (southern lot). No other variances are necessary in regards to
the lot combination. The minimum lot size for riparian lots located within the R-1
(Single Family Residential) and SD (Shoreland Overlay District) is 15,000 square
feet. The northern lot will have 17,020 square feet, and the southern lot will have
11,153 square feet. Therefore, a 3,847 square foot variance to permit lot area
of 11,153 square feet rather than the required 15,000 square feet is being
requested.
Section 6-1-3 of the Prior Lake Subdivision Ordinance allows the City Manager
or representative to authorize subdivision approval without a public hearing
under the following circumstances:
1. The division of the parcel will not result in more than three parcels.
2. The property to be subdivided is a lot of record in the office of the County
Recorder of Scott County.
3. The resulting parcels generally conform to the shape and area of existing or
anticipated land subdivisions in the surrounding areas.
4. The division will not cause any structure to be in violation of setbacks.
5. Any easements which may be required by the City must be granted.
6. The owners of the land contiguous to the parcel must be notified in writing,
and no written obiection received within ten days following notification.
I: \9 8 file~9 8 aqp lat19 8 -03 3 \9 8-0 3 3pn.do~
16200 Eagle ueeK Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNIlY EMPLOYER
7. Any written objection shall constitute an appeal. Such an objection shall be
forwarded to the City Council who shall hear the objection and decide the
matter.
8. Variances filed with the administrative land division may be considered by the
City Council, without prior review by the Planning Commission, provided a
hearing is conducted by the City Council.
The criteria for granting a variance are as follows and stated in the Zoning
Ordinance:
1. Literal enforcement of the Ordinance would result in undue hardship
with respect to the property.
2. Such unnecessary hardship results because of circumstances unique
to the property.
3. The hardship is caused by provisions of the Ordinance and is not the
result of actions of persons presently having an interest in the property.
4. The variance observes the spirit and intent of this Ordinance, produces
substantial justice and is not contrary to the public interest.
A copy of the Administrative Plat with variance is attached. Please accept this
as official notification of this proposed Administrative Plat and Variance. Written
comments or objections regarding this matter should be submitted to the
Planning Department by March 17, 1998.
You are hereby notified the City Council will hear this item on April 6, 1998 at
7:30 p.m. or as soon thereafter as possible. Due to the variance request, they
may refer the request to the Planning Commission for input, or they may hold a
public hearing and make a decision on the request. Meetings are held at Prior
Lake Fire Station #1, located at 16776 Fish Point Road SE (Southwest of the
intersection of C.R. 21 and Fish Point Road). For more information, contact
Jenni Tovar at 447-4230.
Prepared this 6th day of March, 1998, by:
JenniTovar
Planner
1:\98 files\9 8 adp lat\9 8 -03 3 \9 8-03 3pn.doc
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PROPOSED LEGAL /DESCRIPTIONS
DESCRIPTION FOR NORTHERLY PARCEL:
Lot 4?and that part of Lot 41 which I ies Northerly of a 1 ine
descrIbed as commenlng at the southwest corner of said Lot 41;
thence North 32 degrees 12 minutes 55 seconds East on an assumed
bearing, along the Westerly line of said Lot 41 a distanc~ of
24.00 feet to the actual point of beginning of the line to be
described; thence South 57 degrees 02 minutes 35 seconds East
a distance of 54.22 feet; thence South 66 degrees 18 minutes
04 seco~ds East a distance of 122.1~ f~et to the Easterly line
of said Lot 41 and there terminating; all in RED OAKS, Scott
County, Minnesota.
DESCRIPTION FOR SOUTHERLY PARCEL:
Lot 40 and that part of Lot 41 which lies Southerly of a line
'described as commencing at the southwest corner of said Lot 41;
thence North 32 degrees 12 minutes 55 seconds fast on an assumed
bearing, along the Westerly 1 ine of said Lot 41 a distance of
24.00 feet to the acyual point of beginning of the line to be
described. thence South 57 degrees 02 minutes 35 seconds East
a distanc~ of 54.22 feet; thence South 66 degrees 18 mfnute~
04 seconds East a distance of 122.16 feet ~o the Easter~y ~~ne
of said Lot 41 and there terminating; all In RED OAKS. co
CDunty, Minnesota.
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EXISTING LOTS
learned about disaster planning with an emergency operations center. The fire department
and police department went to each house. The houses were color-coded according to the
structural soundness and it was determined whether or not it was allright to enter. He
summarized the actions of the City staff.
8. PUBLIC HEARINGS:
A. Consider Approval of Resolution 98-XX Approving Administrative Subdivision and
Variance for Hillcrest Homes on Property Described as Lots 40, 41, and 42. Red
Oaks.
.
City Manager Boyles introduced the item. The request was originally for administrative land
division. Typically that is approved by staff, but in this case there are a number of variances
requested. The Council has the option to conduct the public hearing and either take action
here or to refer it back to the Planning Commission.
.
Mayor Mader convened the public hearing at 8:20 p.m..
.
Planner Tovar provided a review of the staff report. The applicant wants to reconfigure three
lots to provide access for two lots. The property was platted in 1930. The three existing lots
are on a 20 foot wide existing dedicated public roadway. The lots are separately owned. In
the packets it shows the building envelopes on the three lots. Two lots are less than 175 feet.
The applicant wishes to split lot 41 to provide building sites for two houses rather than three.
There is an issue of access because the road currently dead-ends. The existing drive as it is
today serves two properties. The paved roadway is on adjacent lots 38 and 39. It is partially
on the dedicated right-of-way. To provide access, the drive would have to be constructed. It
would have to be elevated to be out of the flood plain and only 12 feet wide because part of
the original 20 foot roadway is below the flood plain. The applicant is proposing to reduce
the nonconformity.
.
Councilmember Kedrowski said is it an either-or publici private in terms of the driveway
access.
.
Planner Tovar said it is a combination. The entire road would be built in the right of way but
it would be a private road.
.
Councilmember Schenck said but calling it a proposed street indicates it IS City
infrastructure.
.
Planner Tovar said it is dedicated as a public road. It was never constructed and would not
meet today's City standards. A condition of the resolution is that the applicant record a
private use of public right of way document. The City owns it but allows him to use it to
construct the roadway access. The City would not be responsible for maintaining it.
.
Councilmember Schenck said it does not meet standards for public streets. Does the City
have any control over construction specifications?
40698.00c
6
.
40698.DOC
.
Planner Tovar said at this time there are no specs on how the driveway would be built but as
a condition of approval the specifications could be put in. The road will have to be raised 2
feet to be out of the flood plain.
.
City Attorney Pace asked with respect to lots 38 and 39, have those property-owners paved?
.
Planner Tovar said she did not know how many of the property-owners have paved, but lots
38 and 39 are paved.
.
Mayor Mader said near Northwood Road was there a request for residents to put a private
roadway on public property? How did the City handle this request?
.
City Engineer Ilkka said there were no subdivision related issues in that case. They wanted_
to pave a dedicated public right-of-way. It was agreed that the residents and City could work
together. There is a 20 foot right - of-way through Linden Circle where the City could build.
.
Jim Fieck of 15363 Red Oaks Road, the owner oflots 38 and 39, addressed the Council. He
said he would like to see one home down there. If the property was divided up it would be
two single family homes. If the road were lifted up two feet, there would be an impact on
existing conditions. He showed a picture that showed the width of the road. He said if the
City would have someone look at the site it would help.
.
Chris Dienevick of 14122 Louisiana Avenue in Savage, representing Hillcrest Homes,
addressed the Council. He said it was not their decision to put the road up. It was due to
federal regulations.
.
Mayor Mader asked if that met the federal requirements.
.
Mr. Dienevick said yes.
.
Councilmember Kedrowski asked whether there was discussion about a common driveway
access.
.
Mr. Dienevick said they would still have to raise it two feet.
.
Councilmember Schenck asked if he was concerned about the drainage from raising the
road two feet.
.
Mr. Dienevick said they met today and talked about a drainage plan and roadway. One
option is to place culverts beneath the road.
.
Councilmember Schenck asked Mr. Feick about part of the resolution requiring a driveway
easement to be obtained from Mr. Feick on the area adjacent to 38 and 39. He asked what is
his position on the easement.
Mr. Feick said his position is as long as there is a single family home instead of two he
would grant the easement. He said he never realized that the road was on public right-of-
7
way. It is now marked as a public road. Another issue is when the City put in the sewer and
water, they took out a culvert that went under the road. It did not get put back in. He said he
put up a berm. He said he doesn't know what would happen to the water if the road were
elevated two feet higher. If there would be a lot of traffic the City would need to improve the
road.
. Planner Tovar said engineering and planning met with Mr. Feick today. They talked about
the berm that was put in which directs the water across the road. It is engineering's opinion
that he is not negatively impacted. Hillcrest Homes will put in two culverts to address
drainage on the road.
. Councilmember Wuellner asked about an administrative subdivision.
. Planner Tovar said the public road was dedicated to 20 feet.
. Councilmember Wuellner said if the Council elected to put the private road on this public
right-of-way and created an unsafe condition and if the developer only pays for
improvement of the road, who pays for the approach to the road?
. Planner Tovar said the City does not have the specs for the road yet. There is approximately
10 feet above the 904. They can move the road. That would allow at least eight feet. Then he
would have access.
. City Attorney Pace asked ifhe has constructed a driveway in the right of way .
. Planner Tovar said yes.
. City Attorney Pace said then why would he request an easement?
. Planning Director Rye said it is so they can agree on the use ofthe existing driveway.
. City Attorney Pace said there was still an issue with Mr. Feick on the City right-of way. Is
the berm encroaching?
. Planner Tovar said she was not aware of it.
. City Attorney Pace said what kind of agreement is there with the owner of the house that
exists?
. Mr. Feick said he can use the access and that was part of the agreement. Both thought it was
a private road. They did not know where the lot lines were. They asked the City to fix it. The
sloughway was ineffective. He put in a benn and ripwrapped the shoreline with DNR
permission. No permits were required.
. Councilmember Kedrowski said this can be developed into three lots. How reasonable is
that?
4069B.DOC 8
. Planner Tovar said it depends on lot area and width. As with existing lots with separate
ownership, the Council has never denied a variance because it would deprive a petitioner of
reasonable use. There is no record on file that the road was vacated.
. Councilmember Wuellner asked who is paying for improvement of roads.
. Planner Tovar said Hillcrest Homes will put the road in as a condition of building, on a
dedicated right of way, all the way to the existing road, end to end.
. Councilmember Petersen said there was a tarred area two feet lower than the road. What will
he do about that?
. Mr. Feick said that will have to be addressed.
. Planner Tovar said the green area can be moved to the west 8 feet.
. Planning Director Rye said whether there is one, two, or three houses, if it is going to be
developed, they still face the access issue.
. Mr. Dienevick said this portion of blacktop is uphill. This will meld into the proposed road.
. Mayor Mader requested a motion to close the public hearing.
MOTION BY WUELLNER SECOND BY KEDROWSKI TO CLOSE THE PUBLIC
HEARING.
Upon a vote, ayes by Mader, Kedrowksi, Petersen, Schenck, and Wuellner, the motion
carried.
. City Manager Boyles said the options were to take action on the administrative subdivisions.
take the issue back to staff, or send the issue back to the Planning Commission.
. Councilmember Schenck said it behooves the Council to make a decision. In looking at the
resolution, perhaps additions or conditions need to be added. He is concerned about
drainage.
. Councilmember Wuellner said he would support the resolution with the provision that it
solves the drainage issue. If it did not, lot 42 is developable. A combination of lots 40 and 41
with variances would result in reasonable use.
. Councilmember Petersen said his only concern is elevation of lot and drainage. If Hillcrest
would address both issues, he would support it.
. Councilmember Kedrowski said he believed in combining substandard lots. He would
support the initiative with additional cautions in the motion so drainage issues are protected.
40698.DOC 9
. Planning Director Rye said the subject came up this afternoon of narrow private drives such
as the ones studied by the Fire Chief and City Engineer regarding parking and access. Either
in the resolution or a directive should require that the Fire Chief addresses the parking and
access issue on this road.
. Mayor Mader said he was concerned because it sounds like there is an access problem which
could create a safety and welfare problem. He said he will not support the motion because it
calls for subdividing property and granting variances. There are significant technical issues
that have to be worked out while he is in favor seeing three lots reduced to two. He would
prefer to refer it back to City staff. He said he was not too excited about revising it tonight.
MOTION KEDROWSKI SECOND PETERSEN APPROVE RESOLUTION 98-XX
ADDING #5 THAT PER STAFF'S RECOMMENDATION FIRE CHIEF REVIEW
ACCESS AND #6 HILLCREST HOMES BE DIRECTED TO PAY FOR ALL
DRAINAGE ISSUES AS A RESULT OF THE ROAD ON THE CURRENT
DEVELOPMENT.
.
Councilmember Schenck said there were other additions as well including 5 and 6 for a
friendly amendment. The developer should provide the City with an acceptable drainage
plan to mitigate the runoff on the property described as lots 38 and 39 and pay for it. All
costs associated with improvement to the current driveway should be borne by the
developer. He asked whether the City can add no parking as a condition of the resolution on
a private driveway. City Attorney Pace said that was permissible. Also, strike the first
paragraph and the word "or", and move the number one down to the line that begins "a
permit agreemenf'.
.
City Manager Boyles recited the amendments.
.
Mayor Mader said what if the Fire Chief finds it unacceptable.
.
City Attorney Pace said it is subject to approval of Fire Chief.
.
Councilmember Wuellner said if the square footage of all three lots is added up, that is
28,000 SF represented by three lots, and when it is converted to two, it loses 5000 SF.
.
Planning Director Rye said the difference is that they don't count that area below 904 in the
survey. 28,000 square feet is the platted area. For calculating lot area, you can only count
area above 904.
.
Mayor Mader said both of the figures say it is above elevation 904.
.
Planner Tovar said exhibit A has the lot area. Lot 1, 17,020 square feet or 14,187 + or - is
above the 904' mark; Lot 2 11,163 square feet or net 9,310 above the 904. The applicant was
under the impression that the surveyor had provided him with lot area above the 904' mark.
The survey was redone to reflect the net lot area.
40698.DOC
10
. Councilmember Wuellner asked if there was a survey for each lot showing the area above
904'.
. Planner Tovar said there was not a survey broken down per lot, just platted lot area.
. Mayor Mader said there were two letters in the file indicating objection. He said it would be
better to refer it back to staff.
. Mayor Mader called the question.
Ayes by Kedrowski, Petersen, and Schenck, nays Mader and Wuellner, the motion carried.
MOTION BY KEDROWSKI SECOND BY SCHENCK TO APPROVE RESOLUTION 98-
XX APPROVING AN 18 FOOT VARIANCE TO A 71 FOOT LOT WIDTH AND FRONT
YARD SETBACK AND LOT AREA OF 14,120 SQUARE FEET AND 9,810 SQUARE
FEET RATHER THAN THE REQUIRED 15,000 SQUARE FEET.
Upon a vote, ayes by Kedrowski, Petersen, Schenck, and Wuellner, nay Mader, the motion
carried.
. Councilmember Kedrowski requested that new business items be put ahead of old business.
New Business was moved to be heard before old business because of the number of
residents in attendance for new business items.
9. NEW BUSINESS (AGENDA ITEMS IDA, B, C):
A. (J OA) Consider Approval of an Appeal by Burdick Properties of the Planning
Commission to Deny a Setback Variance by Burdick Properties to the Rear Yard
Setback Adjacent to Residential Property for the Existing Trash Enclosure on the
Property Located at 14180 Commerce Avenue
. City Manager Boyles introduced the item. The variance request deals with the trash
enclosure. The Planning Commission denied the request and the building owner is appealing
it. The staff recommends that the variance be approved based upon the hardship criteria. The
City Manager outlined the hardship criteria. The City Council should decide whether or not
it concurs with the Planning Commission and direct staff accordingly.
. Mayor Mader said he would allow input from the audience but not more than five minutes
each.
. Mark Kelley, representative for the Burdick Property, thanked the staff for its help in this
matter. He briefly outlined the history of the issue, including meetings with the
neighborhood. He said the variance would give the neighborhood the screening that it wants
for the enclosure. He said Burdick's plan will benefit the neighborhood by screening and
buffering the trash enclosure.
40698.DOC I I
Miscellaneous
L:\TEMPLA TE\FILEINFO.DOC
1
<t3tt~.'...~'.....~
-!
1320 South F~ontage Road . _
Hastings, Minnesota 55033-2426
Phone (612) 437-6169 -
FAX (612) 438-3583 .
IRREVOCABLE LETTEROF CREDIT
To:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372-1715
No. 14-1021989
Date: April 22, 1999
Dear Sir or Madam:
We hereby issue, for the account of Hillcrest Homes, Inc. and in yourfavor, our
IrrevocableLetter of Credit in the amount of$52,306.25, available to you by your draft drawn on
sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. -14-1021989, dated April 22,
1999, of First Federal fsb";
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for paylllent at 1320 South Frontage Road, Hastings,MN55033, on or
before 4:00 p.m. on November 30;_1~99;.
This Letter of Credit shall automatically renew for successive one-year teI111S unless,
at leastforty-five (45) days prior to the next annual renewal date (which shall be
November 30 of each year),-the Bank delivers written notice to the Prior Lake City
Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed as
follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek Avenue,
Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least
forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any
way be modified, amended, amplified, or limited by reference to any document,
instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit.
More than one draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the
Uniform Customs and Practice for Documentary Credits, International Chamber of
Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of
Credit shall be duly bonored upon presentation. By: ~ J ~
Its: S~ ;/Ice /~/~
,
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Developer: Hillcrest Homes, Inc.
16091 Northwood Road
Prior Lake, MN 55372
DEVELOPER AND CITY COST SUMMARY
.' o'
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The following is a summary of Developer and City costs for Red Oaks Administrative Plat.
DEVELOPER IMPROVEMENTS COSTS:
Storm Sewer
Streets/Sidewalks
Erosion Control
Retaining Wall
ESTIMATED DEVELOPER IMPROVEMENTS SUBTOTAL
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
CITY DEVELOPMENT FEES:
City Administration Fee (6.0%)
City Construction Observation (6%)
Street and Traffic Control Signs
TOTAL CITY DEVELOPMENT FEES
CITY COSTS
Stormwater Quality Improvements
CITY OWES DEVELOPER
I: \98files\98adplat\98-033 \finance. doc
$ 4,050.00
$ 20,525.00
$ 1,970.00
$ 15,300.00
$ 41,845.00
X 1.25
i 52.306.25
$
$
$
2,510.70
2,510.70
200.00
i
5.221.40
$
i
3,137.60
3.137.60
Page 1
!
I
1320 South Frontage Road . ...
Hastings, Minnesota 55033-2426
Phone (612) 437-6169
FAX (612) 438-3583 .
IRREVOCABLE LETTER ORCREDIT
To:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372,.1715
No. 14-1021989
Date: April 22, 1999
DearSir or Madam:
We hereby issue, for the account of Hillcrest Homes, Inc. and in your favor, our
. Irrevocable Letter of Credit in the amount of$52,306.25, available to you by your draft drawn on
sight on the undersigned bank.
The draft must:
. a) Bear the clause, "Drawn under Letterof Credit No. 14-102 1 989, dated April 22,
1999, of First Federal fsb"; .
b) Be signed by the Mayor or City Manager of the City of Prior Lake.
c) Be presented for payment at 1320 South Frontage Road, Hastings,.MN55033, on or
before 4:00p.m. on November JO,-1999.-
_ This Letter. of Credit shall automatically renew for successive one-year terms unless,.
at least forty-five (45) days prior to the next annual renewal date (which shall be
November 30 of each year), the Bank delivers written notice to the Prior Lake City
Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written
notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S.
Mail, at least forty-five (45) days prior to the next annual renewal date addressed as
follows: Prior Lake City Manager, Prior Lake City Hall, 16200 Eagle Creek Avenue,
Prior Lake, Minnesota 55372-1714, and is actually received by the City Manager at least
forty-five (45) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any
way be modified, amended, amplified, or limited by referenceto any document,
instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit.
More than one draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the
Uniform Customs and Practice for Documentary Credits, International Chamber of
Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of
Credit shall be duly bonored upon presentation. By: ~ J ~
~ce /~/~
,
-t
"
Project #98-39
Doc. No. T 1 03644 File ~<63
Vol. 99 Page 42 eert.32780
cV
OFFICE OF THE REGISTRAR OF TITLES MO I
SCOTT COUNTY, MNNESOTA '31.. \ 0
Certified Filed on
05-06-1999 at 03:20 [ l PM r;cl PM
Pat BoecImBn, Registrar of TiUes 02
by ~ , Deputy Fee: $34.50
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The undersigned, duly qualified and Deputy City Clerk ofthe City of Prior Lake, hereby
certifies the attached hereto is a true and correct copy of the original.
DEVELOPMENT CONTRACT - RED OAKS LOTS 40, 41 & 42
PROJECT #98-39
on file in the office of the City Planner, City of Prior Lake
Dated this ~ day of May, 1999.
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DEVELOPMENT CONTRACT
RED OAKS LOTS 40, 41, & 42
PROJECT #98-39
AGREE:MENT dated April 19, 1999, by and between the CITY OF PRIOR LAKE, a
t'.>
Minnesota municipal corporation ("City"), and Hillcrest Homes, Inc. (the "Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer asked the City to approve an
Administrative Plat for Lots 40, 41, and 42 Red Oaks (referred to in this Contract as the "Plat"). The
land is legally described as shown on attached Exhibit A which is incorporated herein as if fully set
forth.
2. RIGHT TO PROCEED. Within the Plat or land to be platted, the Developer may not
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
until all the following conditions have been satisfied: 1) this Contract has been fully executed by both
parties, 2) the necessary security, development fees and insurance have been received by the City, and 3)
the City Engineer or Designee has issued a letter that all conditions have been satisfied and that the
Developer may proceed. The foregoing restriction on the Developer's "Right To Proceed" does not
g: \projects\ 1998\39redlot\dvcntrct. doc
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1
apply to grading or other approvals set forth in Resolution No. 98-14, dated April 6, 1998, approving
~
the Administrative Plat and Resolution No. 98-141, dated December 7, 1998, amending the
Administrative Plat.
3. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract, but are incorporated by reference and made a part
of this Contract as if fully set forth herein. If the plans vary from the written terms of this Contract, the
written terms shall control. The plans are:
Plan A --
Site and Grading Plan(s). Dated March 23, 1999 (Prepared by Ryan
Engineering)
Plan B --
Tree Preservation and Replacement Plans and Landscaping Plan Dated
March 23, 1999 (prepared by Ryan Engineering)
Plan C --
One set of reproducible Plans and Specifications for Developer
Improvements Dated March 23, 1999 (prepared by Ryan Engineering)
4. DEVELOPER IMPROVEMENTS. The Developer shall install and pay for the
following:
A. Storm Sewer and Stormwater Quality Improvement
B. Streets
C. Concrete Curb and Gutter
D. Site Grading
E. Landscaping
The Developer Improvements shall be installed in accordance with the City subdivision ordinance; City
standard specifications for utilities and street construction; the City I s Public Works Design Manual and
any other applicable City ordinances, all of which are incorporated herein by reference. The Developer
shall submit plans and specifications which have been prepared by a Minnesota licensed professional
g: \projects\ 1998\39redlot\dvcntrct. doc
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2
civil engineer to the City for approval by the City Engineer. The Developer shall obtain all necessary
permits from the Metropolitan Council and other agencies before proceeding with construction. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City's
authorized personnel. The Developer or his engineer shall schedule a preconstruction meeting with all
parties concerned, including the City staff, to review the program for the construction work. Before the
security for the completion of utilities is released, iron monuments must be installed in accordance with
Minn. Stat. ~ 505.02. The Developer's surveyor shall submit a written notice to the City certifying that
the monuments have been installed.
5. CONSTRUCTION OBSERVATION.
a. The City's authorized personnel shall inspect the DEVELOPER
IMPROVEMENTS in accordance with the Public Works Design Manual. Inspection services by
the City shall include:
'i.-
1. Inspection of required improvements which include grading, sanitary
sewer, watermain, storm sewer/ponding and street system.
2. Documentation of construction work and all testing of improvements.
3. As-built location dimensions for sanitary sewer, watermain and storm
sewer facilities.
6. DEVELOPER SERVICES. The Developer shall be responsible for providing all other
construction services including, but not limited to:
a. Construction surveying
b. As-built drawings of grading plans.
g: \projects\ 1998\39redlot\dvcntrct. doc
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3
~
c.
As-built record drawings showing elevations of all utility improvements, including
but not limited to top nut of hydrants, manhole rims, manhole inverts. (Tie dimensions to sewer
and water services from City staff or City consultants.)
d. Project Testing: The Developer is responsible through its testing company, at the
Developer's cost, to provide testing to certify that Developer Improvements were completed in
compliance with the approved [mal plans and specifications. The personnel performing the
testing shall be certified by the Minnesota Department of Transportation. The City Engineer may
require additional testing if in his opinion adequate testing is not being performed. The cost of
additional testing is to be paid by the Developer.
7. AREA RESTORATION. The Developer shall seed or lay cultured sod in all areas
disturbed by this project within 30 days of the completion of street related improvements and restore all
other areas disturbed by the development grading operation in accordance with the approved erosion
control plan. Upon request of the City Engineer, the Developer shall remove the silt fences after turf
establishment.
8. OCCUPANCY. A permanent Certificate of Occupancy shall not be issued for any
building in the plat until water and sanitary sewer improvements have been installed and the streets have
been completed and the first lift of bituminous has been placed and said improvements have been
inspected and determined by the City to be available for use.
9. TIME OF PERFORMANCE. The Developer shall install all required Developer
Iprovements by October 31, 1999, with the exception of the final wear course of asphalt on streets. The
[mal wear course on streets shall be installed the first summer after the base layer of asphalt has been in
place for one freeze thaw cycle. The Developer may, however, request an extension of time from the
g: \projects\ 1998\39redlot\dvcntrct. doc
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4
City. tf an extension is granted, it shall be in writing and conditioned upon updating the security posted
by the Developer to reflect cost increases and the extended completion date.
10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a non-revocable license to enter the Plat to perform all work and inspections deemed
appropriate by the City in conjunction with Plat development.
11. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan A,
shall be implemented by the Developer and inspected and approved by the City. The City may impose
additional erosion control requirements if, in the City Engineer's opinion they are necessary to meet
erosion control objectives, at no cost to the City. All areas disturbed by the excavation and backfilling
operations shall be resee.ded forthwith after the completion of the work in that area. All seeded areas
shall be mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of
the essence in controlling erosion. If the Developer does not comply with the erosion control plan and
schedule or supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for
such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No
development, utility or street construction will be allowed unless the Plat is in full compliance with the
erosion control requirements.
12. CLEAN UP. The Developer shall daily clean dirt and debris from streets that has
resulted from construction work by the Developer or its agents. Prior to any construction in the Plat, the
Developer shall identify in writing a responsible party for erosion control, street cleaning, and street
sweeping.
g:\projects\ 1998\39redlot\dvcntrct.doc
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5
, 13. GRADING PLAN. The Plat shall be graded in accordance with the approved site and
grading plan(s), Plan "A". The plan shall conform to City of Prior Lake Public Works Design Manual.
Before the City releases the security, the Developer shall provide the City with an "as built" grading plan
and a certification by a registered land surveyor or engineer that all ponds, swales, and ditches have been
constructed on public easements or land owned by the City. The "as built" plan shall include field
verified elevations of the following: a) cross sections of ponds, b) location and elevations along all
swales and ditches, and c) lot comers and house pads. The City may withhold issuance of building
permits until the approved certified grading plan is on file with the City and all erosion control measures
are in place as determined by the City Engineer.
14.
OWNERSHIP OF IMPROVEMENTS.
Upon completion of the Developer
Improvements required by this Contract and final written acceptance by the City Engineer, the
improvements lying within public easements shall become City property without further notice or action.
15. CITY ADMINISTRATION. The Developer shall pay a fee for City administration. City
administration will include all activities necessary to implement this Developer's Contract. These
activities include, but are not limited to, preparation of the Development Contract, consultation with
Developer and its engineer on the status of or problems regarding the project, project monitoring during
the warranty period, processing of requests for reduction in security, and City legal expenses. Fees for
this service shall be six percent (6 %) of the estimated construction cost as detailed in Exhibit E. The City
Administration Fee shall not apply to that portion of the Developer Improvement for the Stormwater
Quality Improvement requested by the City and estimated to cost $3,137.60.
16. CITY CONSTRUCTION OBSERVATION. The Developer shall pay six percent (6%) of
the estimated construction cost for Construction Observation performed by the City's authorized
personnel. The Construction Observation Fee shall not apply to that portion of the Developer
g: \projects\ 1998\39redlot\dvcntrct.doc
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6
~ -
Improvement for the Stormwater Quality Improvement requested by the City and estimated to cost
,
$3,137.60. Construction Observation shall include, but is not limited to, part or full-time inspection of
proposed grading, public utilities and street construction, and preparation of "as-built" drawings.
17. TRAFFIC CONTROL SIGNS. STREET SIGNS. AND STREET LIGHTS AND
OPERATIONAL COSTS. The Developer shall pay to the City $200.00 for installation of traffic control
signs and street signs at the time this Development Contract is executed by the Developer. The
Developer shall be fmancially responsible for the installation of street identification signs and non-
mechanical and non-electrical traffic control signs. Street signs will be in conformance with the names
as indicated on the Plat and pursuant to City standards. The actual number and location of signs to be
installed shall be determined by the City and actual installation shall be performed by City authorized
personnel.
18. LANDSCAPING (Single-Familv Residential). Each residential lot in the Plat must have
at least two (2) front yard trees as required in the Subdivision provisions of the City Code. The
Developer or lot purchaser shall plant the two (2) front yard trees on every lot in the Plat which does not
already meet this requirement at the time of the building permit. The trees shall be planted according to
the requirements for subdivision trees as set forth in the Subdivision provisions of the City Code. The
Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of every
structure on every lot prior to the issuance of the fmal occupancy permit. If this section is to be satisfied
by existing trees, a tree protection security may also be required. Upon satisfactory completion of the
landscaping, the escrow funds, without interest, less any draw made by the City, shall be returned to the
person who deposited the funds with the City. If the required landscaping is not installed the City is
granted a license to enter upon a lot and install the landscaping using the escrowed funds deposited by
the builder at the time the building permit was issued.
g: \projects\ 1998\39redlot\dvcntrct. doc
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7
~ -
.. 19. TREE PRESERVATION AND REPLACEMENT. Although no tree replacement is
,
required on this Administrative Plat per the tree inventory included with Plan "B", the Developer must
submit certification of compliance with the tree preservation plan (plan "B"). Certification shall be by a
registered landscape architect, surveyor, civil engineer or forester. The certification shall include
verification that only the identified number of trees were removed, and relocated trees and remaining
trees are alive and healthy. It shall be Developer's obligation to remove and replant replacement trees
which are not alive or are unhealthy, and to replant missing trees as to be in compliance with the City's
tree preservation ordinance. Upon submission of the certification, the Certificates of Occupancy for the
proposed single family dwellings may be issued.
20. SECURITY. To guarantee compliance with the terms of this Contract, payment of real
estate taxes including interest and penalties, payment of special assessments, payment of the costs of all
public improvements, and construction of all public improvements, the Developer shall furnish the City
with an Irrevocable Letter of Credit in an amount equal to 125 % of the estimated Developer
Improvement Costs excluding the cost of the Stormwater Quality Improvement requested by the City.
The Irrevocable Letter of Credit shall be in the form attached hereto, from a bank ("Security") for
$52,306.25, plus a cash fee of $5,221.40 for City Development Fees. The amount of the Security was
calculated as follows:
DEVELOPER IMPROVEMENTS COSTS:
Storm Sewer
$
4,050.00
Streets
$
20,525.00
Tree Preservation and Replacement
$
0.00
Erosion Control
$
1,970.00
Other - Retaining Wall
$
15,300.00
g: \projects\ 1998\39redlot\dvcntrct. doc
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8
--
~ ESTIMATED DEVELOPER IMPROVEMENTS SUBTOTAL
$
41,845.00
X 1.25
TOTAL FOR IRREVOCABLE LETTER OF CREDIT AMOUNT
$
52,306.25
CITY DEVELOPMENT FEES:
City Administration Fee (6.0%) (18)
$
2,510.70
City Construction Observation (6%) (19)
$
2,510.70
Street and Traffic Control Signs (20)
($100.00 per sign)
$
200.00
TOTAL CITY DEVELOPMENT FEES
$
5,221.40
This breakdown is for historical reference; it is not a restriction on the use of the Security. The
bank shall be subject to the approval of the City Manager. The Security shall be for a term ending
December 31, 2000. Individual Security instruments may be for shorter terms provided they are replaced
at least sixty (60) days prior to their expiration. The City may draw down the Security, without notice,
for any violation of the terms of this Contract or if the Security is allowed to lapse prior to the end of the
required term. If the required Developer Improvements are not completed at least thirty (30) days prior
to the expiration of the Security, the City may also draw it down. If the Security is drawn down, the
proceeds shall be used to cure the default.
21. REDUCTION OF SECURITY. Upon receipt of proof satisfactory to the City that work
has been completed and financial obligations to the City have been satisfied, with City approval the
Security may be reduced from time to time by seventy-five percent (75 %) of the financial obligations that
have been satisfied. Twenty-five percent (25 %) of the Security shall be retained until all improvements
have been completed, all [mancial obligations to the City satisfied, and the required "as-built" grading
g: \projects\ 1998\39redlot\dvcntrct. doc
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9
plans' and information have been received by the City. The City Public Works Design Manual outlines
the procedures for Security reductions.
22. WARRANTY. The Developer warrants all Developer Improvements required to be
constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty
period for streets is one year. The warranty period for underground utilities is two years. The warranty
period on streets shall commence after the fInal wear course has been installed and accepted by the City
and the warranty period on underground utilities shall commence following their completion and
acceptance by the City. The Developer shall post maintenance bonds to secure the warranties. All trees
shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting.
Any replacements shall be warranted for twelve (12) months from the time of planting. The City shall
retain twenty-fIve percent (25%) of the Security posted by the Developer until the Developer
Improvements are accepted by the City Engineer and the bonds are furnished to the City. The security
retainage may be used to pay for warranty work. The City standard specifIcations for utilities and street
construction identify the procedures for fInal acceptance of streets and utilities.
23. REDUCTION OF SECURITY TO FIVE PERCENT (5%). The Security guaranteeing
satisfactory performance of the Developer Improvements can be reduced to 5 % of the original cost of the
construction costs as set forth in Paragraph 23 by the City Engineer in writing and by providing the City
a performance bond or a warranty bond from the Developer or its contractors in an amount equal to the
construction costs which shall be in force for two (2) years for streets and one (1) year for utilities (the
"Warranty Period") following acceptance of all required improvements and shall guarantee satisfactory
performance of such improvements. All punch list items must be completed before a reduction in
Security will be considered. The Warranty Period for a particular Developer Improvement shall
commence on the date the City Engineer issues written acceptance of the Developer Improvement. The
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10
City Engineer may establish a lost of the individual Developer Improvements that the Developer will
install as part of the Plat. The City Engineer may. accept one or more individual Developer
Improvements prior to the completion of all Developer Improvements. The City Engineer shall
determine whether particular Developer Improvements are so integral to one another so as not to make it
feasible or practical for the City to accept one Developer Improvement prior to the completion of other
related Developer Improvements.
The five percent (5 %) Security shall not be released until the Developer provides the City
Engineer with a certificate from the Developer's land surveyor stating that all irons have been set
following site grading and utility and street construction.
24. CITY REQUESTED WORK. The City has determined that it is advantageous to
accomplish a "Stormwater Quality Improvement" project in conjunction with these Developer
improvements and the Developer has agreed to undertake this work in accordance with the provisions of
this contract. The City and Developer agree that the cost of the City requested work to be reimbursed to
the Developer is $3,137.60 based upon an engineers estimate as determined by the City Engineer based
on a final engineering design. A detailed estimate of cost for this City requested work is attached as
Exhibit D.
If the City Engineer determines the actual cost of the "Stormwater Quality Improvement" project
requested by the City is greater than the estimate then the City shall reimburse the Developer for the
additional costs associated with this work. If the City Engineer determines the actual cost of the
"Stormwater Quality Improvement" project requested by the City is less than the estmate then the
Developer shall reimburse the City for the overpayment associated with this work.
25. CLAIMS.
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11
A. City Authorized to Commence Interpleader Action. In the event that the City
receives claims from labor, materialmen, or others that work required by this Contract has been
performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking
payment from the City, the Developer hereby authorizes the City to commence an Interpleader action
pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the
Security in an amount up to 125 % of the c1aim(s) and deposit the funds in compliance with the Rule, and
upon such deposit, the Developer shall release, discharge, and dismiss the City from any further
proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court
shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
B. Prompt Payment to Subcontractors Required. The Developer shall pay any
subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed
services provided by the subcontractor. If the Developer fails within that time to pay the subcontractor
any undisputed amount for which the Developer has received payment by the City, the Developer shall
pay interest to the subcontractor on the unpaid amount at the rate of 1 V2 percent (1.5 %) per month or
any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or
more is $10. For an unpaid balance of less than $100, the Developer shall pay the actual interest penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from
the Developer shall be awarded its costs and disbursement, including attorney's fees. incurred in
bringing the action. (See Minn. Stat. 9471.425, Subd. 4a.)
26. SPECIAL PROVISIONS. The following special provisions shall apply to Plat
development:
B. The Developer is required to submit the as-built drawings in electronic format.
The electronic format shall be compatible with the City's software (AutoCAD Release 13).
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12
27. RESPONSIBILITY FOR COSTS.
A. Once the City Engineer approves the construction costs or estimates for the
Developer Improvements there will not be any reimbursement to the City by the Developer or to the
Developer by the City for City Administration or Construction Observation Fees. The Developer shall
not be responsible for paying City Administration or Construction Observation Fees on the construction
costs or estimates associated with the City requested work.
B. The Developer shall reimburse the City for costs incurred in the enforcement of
this Contract, including engineering and attorneys' fees.
C. The Developer shall pay in full all bills submitted to it by the City for obligations
incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the
City may halt Plat development and construction until the bills are paid in full. Bills not paid within
thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year.
,.
28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the
work to be performed by it hereunder, the City may, at its option, perform the work and the Developer
shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except
in an emergency as determined by the City, is fIrst given notice of the work in default, not less than 48
hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City
to seek a Court order for permission to enter the land. When the City does any such work, the City may,
in addition to its other remedies, assess the cost in whole or in part against all or any portion of the
property within the Plat. The Developer hereby waives any and all procedural or substantive objections
to any special assessment levied to pay the cost to remedy a Developer default, including but not limited
to hearing requirements and any claim that the assessment exceeds the benefIt to the Property.
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13
29. INDEMNIFICATION. Developer shall indemnify, defend, and hold the City, its
Council, agents, employees, attorneys and representatives harmless against and in respect of any and all
claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the City
incurs or suffers, which arise out of, result from, or relate to this Development Contract. The
responsibility to indemnify and hold the City harmless from claims arising out of or resulting from the
actions or inactions of the City, its Council, agents, employees, attorneys and representatives does not
extend to any willful or intentional misconduct on the part of any of these individuals.
30. MISCELLANEOUS.
A. Developer shall be responsible for all street maintenance until final written
acceptance by the City of the Developer Improvements. Warning signs and detour signs, if determined
to be necessary by the City Engineer, shall be placed when hazards develop in streets to prevent the
public from traveling on same and directing attention to detours. If and when streets become
impassable, such streets shall be barricaded and closed. For the purpose of this subparagraph, "street
maintenance" does not include snow plowing or normal sweeping.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial
of building permits, including those sold to third parties, and shall be grounds for the City to order all
work on the Plat to cease.
D. 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.
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14
E. Grading, curbing, and one lift of bituminous shall be installed and accepted on all
public streets prior to issuance of any certificates of occupancy, except for model purposes only, a
maximum of ten percent (10%) of the total lots in the active phase of the subdivision may be issued
building permits prior to utility and street construction. All such lots must be readily accessible for
inspection by way of a two wheel drive vehicle, but in no case shall the distance exceed 300 feet of an
existing roadway. If certificates of occupancy are issued prior to the completion and acceptance of
Developer Improvements, the Developer assumes all liability and costs resulting in delays in completion
of Developer Improvements and damage to Developer Improvements caused by the City, Developer, its
contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water
connection permits may be issued and no permanent certificates of occupancy may be issued until the
streets needed for access have been paved with a bituminous surface and the Developer Improvements
including utilities are accepted by the City Engineer.
F. 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 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.
G. This Contract shall run with the land. The Developer, at his/her sole expense,
shall record this Contract against the title to the property within ten (10) days of the City Council's
approval of the Contract. The Developer shall provide the City with a recorded copy of the Contract.
The Developer covenants with the City, its successors and assigns, that the Developer is well seized in
fee title of the property being final platted and/or has obtained consents to this Contract, in the form
attached hereto, from all parties who have an interest in the property; that there are no unrecorded
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15
interests in the property being fmal platted; and that the Developer will indemnify and hold the City
harmless for any breach of the foregoing covenants.
H. Developer, at its sole cost and expense, shall take out and maintain or cause to be
taken out and maintained, until the expiration of the warranty period(s) on the Developer Improvements,
public liability and property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of Developer's work or the work of its subcontractors or by one
directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than
$1,000,000 for one person and $2,000,000 for each occurrence; limits for property damage shall be not
less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The
.
City shall be named as an additional insured on the policy, and the Developer shall file with the City a
certificate evidencing coverage prior to the City signing the Plat. The certificate shall provide that the
City must be given thirty (30) days advance written notice of the cancellation of the insurance.
I. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and remedy
herein set forth or otherwise so existing may be exercised from time to time as often and in such order as
may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
J. The Developer may not assign this Contract without the prior written approval of
the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire Plat, or any part of it.
31. NOTICES. Required Notices to the Developer shall be in writing, and shall be either
hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at
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16
,
the following address: Hillcrest Homes, Inc., 16091 Northwood Road, Prior Lake, MN 55372.
Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed
to the City by certified mail in care of the City Manager at the following address: City of Prior Lake,
16200 Eagle Creek Avenue, Prior Lake, Minnesota 55372-1714. Concurrent with providing Notice to
the City, Notice(s) shall be served upon the City Attorney Suesan Lea Pace, Esq. at Campbell, Knutson,
Scott & Fuchs, P.A., 1380 Corporate Center Curve, Suite 317, Eagan, Minnesota 55121.
32. INTERPRETATION. This Development Contract shall be interpreted in accordance
with and governed by the laws of the State of Minnesota. The words herein and hereof and words of
similar import, without reference to any particular section or subdivision, refer to this Contract as a
whole rather than to any particular section or subdivision hereof. Titles in this Contract are inserted for
convenience of reference only and shall be disregarded in constructing or interpreting any of its
provisions .
33. JURISDICTION. This Contract shall be governed by the laws of the State of Minnesota.
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17
(SEAL)
Reviewed for Form and Execution:
BY:~&dt-U--
esan Lea Pace
City Attorney
CITY OF PRIOR LAKE
DEVE~Y
By:~r~c.
Its: ~rcCo~""
By:
Its:
STATE OF MINNESOTA )
( 88.
COUNTY OF SCOTT )
LlI<t- rl'"
The foregoing instrument was acknowledged before me this ~ day of ~, 19 '1 ,
by Wesley M. Mader, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a
Minnesota municipal corporation, on behalf of the corporation and ur ant to the authority granted by
its City Council.
.I\,N',/VVVVVVV'I'I'~~.
I ~" KELLY GRAU MEYER I
~~:l:i NOTARY PUBLIC
\ . ~.~ Mi~f!ESOTA
~.. My comm!SSiOii expires 01.31.2000
. .
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18
STATE OF MINNESOTA )
~ (ss.
COUNTY OF 5Cbl1 )
The foregoing instrument was acknowledged before me this ~ day of~~L-
1~, by {JJlN i1.ttm~ I '1ft? 1M . I
ilalu-M-~/k.~~ f!Nr-
NOTARY PUBL C
DRAFfED BY:
Campbell, Knutson, Scott & Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
.
.
.l
I
"
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19
FEE OWNER CONSENT
TO
DEVELOP:MENT CONTRACT
I-)..l\W$"( ~Mt$ J:..N c..... , fee owners of all or part of
the subject property, the development of which is governed by the foregoing Development Contract,
affIrm and consent to the provisions thereof and agree to be bound by the provisions as the same may
apply to that portion of the subject property owned by them.
Dated this 2l;tday Of~. 19ft.
!-Ir/(vv{i ~> .IN (,
~
~
ST ATE OF MINNESOTA )
____ (ss.
COUNTY OF fj)) 11 )
The foregoing instrument was acknowledged hefore 1ge, this 2~~day of ft.1\LP
19l'fL. by (.iIf2f.s lYRlwiA.G; Ib~ '1 ~.ur jj,y"u,~
~7Jr.~
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale OffIce Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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20
MORTGAGEE CONSENT
TO
DEVELOPMENT CONTRACT
~ /t.8r- ~ ~~ , which holds a mortgage on
the subject property, the development of which is governed by the foregoing Development Contract,
agrees that the Development Contract shall remain in full force and effect even if it forecloses on its
mortgage.
Dated this~"day of ~~(, 19 "7
?1f~~
STATE OF MINNESOTA )
I. (ss.
COUNTY OF =Pa Kl>~ )
The foregoing instrument was acknowledged before me this ~ ~ay of ,At n' /
19.9!L, by -71,,)(:> WI '! .s .T. /{,' ~
DRAFTED BY:
Campbell, Knutson, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452-5000
SLP:kgm
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21
CONTRACT PURCHASER CONSENT
TO
DEVELOPMENT CONTRACT
Dated this _ day of
/ , which/who has a
,/ the development of which is governed
consents to the provisions thereof and
Iy to that portion of the subject property in
contract purchaser's interest in all or part of the subject prope
by the foregoing Development Contract, hereby afftrms
agrees to be bound by the provisions as the same may a
which there is a contract purchaser's interest.
STATE OF MINNESOTA
COUNTY OF
The foregoing' trument was acknowledged before me this _ day of
19____, y
NOTARY PUBLIC
Campb I, Knutson, P.A.
317 E andale Office Center
1380 orporate Center Curve
Eag , Minnesota 55121
(61 452-5000
S]p:kgm
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22
"
EXHIBIT "A"
TO
DEVELOPMENT CONfRACT
Legal Description of Property Being Fmal Platted and Copy of Final Plat, Including Title Sheet:
;
,.
i (~
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,
,
.
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EXHIBIT' nAil
LEGAL 'DESCRIPTIONS
. .
. .
.'
,.
./
DESCRIPTION FOR NORTHERLY PARCEL:
lot 42 and that part of lot 41 which lies Northerly of a line
described as commening at the southwest corner of said lot 41;
thence North 32 degrees 12 minutes 55 seconds East on an assumedp
bearing. along the Westerly line of said lot 41 a distance. of.
2~.00 feet to the actual point of beginning of the line to be
described; thence Sbuth 57-degrees 02 minutes 35'seconds East
a di.stance of 54.22 feet; thence South 66 degree~ 18 minutes
04 .seconds East a distance of 122.1~ f~et to the Easterly line
of said lot 41 and. there te~minatingi .11 in REO OAKS, Scott
County, Minnesota.
DESCRIPTION FOR SOUTHERLY PARCEL:
lot 40 ~nd that part of lot 41 ~hich lies Southerly of a line
"described as commencing at the southwest corner of said lot'41:
thence North 32 degrees 12 minutes 55.seconds E.ast on an assumed
.bearing, alon~ the.Westerly l'ne of said.lot ~1 a di!tance of
24.00 feet .to the acyua 1 po i nt of 'beg i nn t ng of the 11 ne to be
describe~' thence South 57 degreeS 02 minutes 35 seconds East
a distan~;of 54.22 feet; thence So~th.66 ~egrees 18 ml~ut;fn.
04 seconds East a distance of.122~16.fe~i ~o ~~~ ~:~~~rs~ott
of said lot 41 and there termlnatln~. a tn
County, Minnesota.
g:\projects\ 1998\39redlot\dvcotrct.doc
04109/99
24
ient By: ACCESS INSURANCE; 612 884 7323; Apr-23-99 8:49;
R.Q.1V.d: 4/23/99 8:~;: B13 644 B708 _~ ~Cc~ss XN'URANCE; Page 3
CLEARY AGENCY _ _ :. TEL: 612-544-6708 : Apri 23' 99 8: 39 No. 003 P. 03
i Hffi.23.1$l99 e:jSAM P 2
F'ROM ~ HJLLCU=ST I-O'1;;S It-!C. : FlOE NO. : &12 B98 3JG4
Page 2/3
"
PROJECT:
CllmFlCATI HOLb~;
Cjty of Prior laku .
18200 eagle Cre.k Aveni.
Prtor Lake, Mlnn..ote SS~72-1714
INIU"ID:
ADOmoNAL 'INaURme
AGENT;
City of Prior L8k.
WORKERS' COM""AnONI
EXEMPT:
Poficy No,
....
'Ifttctiv* D..
. ..
bplrlItIon ~.t.:
Insur.no. ComPlnYf
COVIRAQI- workir.r Compenlatlon, Statutory.
GENeRAL lfABlUTY;: :
In.urena. Comp.ny=: : Zurich Small Business
IxplratJon ~.: 5-l5~99
f ) Clllms Made
f3i nntll Jtr.noe
IJMrTS: [lUI""mum].
BodJly '",ury 81"11J DU&lUI;
'500,000 for OIMJ person
. .
$1,000,000 fOl ....ch occLlrrencle
. .
. i
Property aamage: :
6200,000 for 1101\ C;ccUlrence
-OR- :
Combinlltlon Slngl.. Umit POIlc:y
eOVE~AGE PRqYJDEOt .
.1,000.000 Dr more
Sl\projH'.\1Cl91\JPrtclloc\d\'er.wc.400
~/12/09 .
2S
612 884 7323' Apr-23-99 8:53; Page 3/3
ient By: ACCESS INSURANCE; 012 G44 0708 -'> AOCESS :rN'UFl....NCE; Page 40 N 003 P 04
f\eoe1ved: 4/23/99 8:34;: 6708' Apri 23'99 8:4 D. .
CLEARY AGENCY TEL: 612-544- !~. 23.1999 -.e:1~ P J
fRCM ; HILLCRESt fOES Ii<<:. ! ROE "". , 612 89$ ~
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Oper.nlon8ll of Conir~tor:
m
Operations 01 Sub!cqnutolOr (Conting.r't): m :
Doe. P....onal'hJUfV 'r'loludl Cllirne A.feted to !mpIClVment~
Compltteq Operatlo~IPrD4uCC': m :
CQF\tractUI' U.biflty 'Broad Form': XU
Governmental ,~~v fA WIIVed: m
Property Damagl LI.~,"ty Ino/udal:
0.,""9_ Due to ~~n.
Dam_o. Du. 10 CoJ~ap..
Dem_g, Due TO UndergrOUnd Fle"'t'..
Broed Form Pro".rtV Damage
AUTOI\t081JJ! UAfI.Ury:
Poley No. / ~-j.f.~"7& ''7'&7
Effeo',", g..~. J?t~~ 1#..;"
m.u,anoo OOInpIny: .=FA-.....~
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UMIT8: (MinImum).
Bodllv Injury: :
taoo,OOO ..Oh plrlon
$1 ,000,000 1jI.~h occurrfnce
Property Pamagl: . :
$600,000 each OCOurrenc:e
-OR- . :
'Comblnflltf Sinole UMlt Pe'lev:
.1,000,000 ..oh O~oWTonco
Oottd at
. . '.
ARE ANY DEDU~ APPUOADU! TO BODILY JNJUftV OR ""OPERTY IJAMAGJ: ON ANY OF
THE ABOVI COVIRAGh: IVU"'" : '.
If .0, Iitt: Amount; ._
(Not to eJ(Med $1 ,000.ooJ !
: !
SHOULD ANY OF THe AaOVI DESCRf8iP POLICES: IE CANClLED BEFORE THE IXPlftATION
DATI THEA.OF, THi ...UIN. COMPANY WIU. MAIL: THIRTY f.J DAYS WRI~N NOT.el TO
THe PARnES TO \NJ.R)~ THI8 ClATIFICAlI IS 1S8UED~ i
:April 23; 1999
Onv: i ~. _ .
BY: ~_/~ -:,or :/L.I_-f.:A--'
"'A~thotIiid In~urance presentative
Blcnni.natort! Minnesota
r:\pndbWI\t 99R\ "l;ttdlor\dVntffl.d09
041 12M :
26
ient By: ACCESS INSURANCEj
612 884 7323j
Apr-23-99 9:56j
-Page 1/2
ACQIW. CERTIFICATE OF LIABILITY INSU~NCEm"'-1 I ..;.~.
PRrXIUCER - THISi CERTIl"1CA.!.!L'.S ISSUED AS A MA~ OF INFORMATION
Acee.. :rn.u~aDee Ag'ency : ONLY AND CONt=!:!lS NO RIGHTS UPON THE CERTIFICATE
CUlly B.uranml, Agm1t: HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTeND OR
820 OJlumboldt: Ave. So., .a.2~ ALTER THe COVERAGE AFFORDED BY THE POliCIeS BELOW.
Blo~Dgton HK 55431
Phone. 612-888-8841 :r:~.C1~-884-7323 I~URERSAFFOROlNGCOVERAGE
IN5lJRED 1NSlJRERA: Zu:r:l.c~ ball Bu. rD...
IHSUN!R 8;
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lN8UAEItD:
INSURER'E:
Biller..t aom.., Jn~.
Chr1. D.qovic
P.O. Box. 456 .
P:r:l.or Lak. KN 55372:
.L :
--
--
COVERAGES
THE POl.lClU OF lN8URANCe LISTED 8ELOW HoWE ~ ISIJUal TO THE IHt5l.mEl NAMED J\IIOVe FOR tHa POLICY PERK)D 1NDIC1l-rm. NOTWITH8t~
ANf REQUI~NT, TERM OR COl'lDn'IOH OF f/IHy 0(lNTRACT OR OTJ1&R DOCUM&H'rwrTH AQPEC1' TO WHlCIi THl8 C~IPICATE MAY BE 1881JS) OR
MAY PERTAIN. THE INSURANCe AFFOFIOED liIYTME Pbuc1Es DUCRIBED H€RsN IS SU8JECT TO ALL TI-IE TEAMS. EXCluSIONS AND CONDITIONS OF lIUCH
POUClES. MOREGAlli LIMITS SHOwN ~Y W,WIlI!EN RalUC&D BY PM) ClAIM8. : i
~, TT'Il'SOFIH8UfWfCe I . POlICYNUMIIER ~~ UMITS '.__
GalERAJ. LlABlLrrv: .: EACH 0CCUMeNCe I 1, 000. 000
A iil ~ERClAlGl!NeRAl.LlABlllTY SC!P: 33029571 05/15!98, 05/~5/" FIREDMtAOE~onetll'e) . 50,000
-.'" J CLAILlSMADIi ~ OCCUR , MeDEXP(Any_perICli'l) 110,000
: !, P&Rso~UADV/HJURY 11.000,000
P -.-~" .-..-:.:= . CENeRAL~QA~._. ' 12,000J_000
GEm. ~ lEl L1MrT APPLIES PIiR: PRODUCTS _ COMpJQP ,t,QG S 2 , 000 . 000
D POLICY r"', ~ n lOC ...
AUTOMOIIll.E UAlllUTY COMBINeD SINGLE lIMIT
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r-- AU. O'IYN&DAI,lTOS BODII.Y INJURY
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EMPLOYERS' LIA8Il.lTY
S
I
S
-...-
OlliER
1 TORY UMrTsl J-Ef[
e.l. EACH ACCIDeNT s
I E.L. DISEASE. EA EMJ>t..o!',a s
r e:L':ClIlEA8e - POI.JCYLIU(J' I
----
.--
lESCAlPTlON 0,. OPeRATIONMOCATIONaIVEHICI..ElI81ONS ADOeD lIV &mlORSEMENTJSf'EClAl. PROVISIONS
rhe City o~ Prior Lake i. :a~ a. Ad4i~loaal ~n.ured: to ~ha ~eral
t.iability with re~ec:t. to t;he ....4 :Inaurects operation. OD bl!l~.l~ o~ the
Certifieat:. Ho1der.
~ERTlFICATE HOLDER 1 y I ADOITIONALItjSl,JAeo;I~LETTER:
PR:IOR-~
City of Prior Lake. .
15100 Zag~. Creek Ave
Prior Lake XN 55i'~
CANCElLATION
8liOUlD ANY 01' 'J1oIE ~\/$ OE&CAtBeD POLICIES B€ CANCELLEO BF.FOl\E '1liI! ~T1ON
~TE ~P. DIE ~ INSURER WIU. eNOeA\IOR 10 MAJl.. ~ DAVa ~
NOTICI' W THe ~ICA~ HOLDER NAMEDTQ THe I.EFT, BUT FAILURE 'Fa DO so ~\,
NP08a N!) OeLlO./\TlON 01 u.o.eILlTY OF' 1M'( KINO UPON THE INSUReR, ITS AGENTS 0..
IU!PftQl!tI'I'ATllil:S. ;
~REmES&NTA~
Ollly : J. Buranliln
lCORO 25-S (7197)
- ACORD CORPORATION 1991
APR-22-99 rHU 02:09 PM GEORGE LOBAN
FAX NO. 651 4802262
P.02
. . '.. .
~ ....:= 'RRSI~
"~~i";" =. '.'
......-... '.:=
J~~:fED~_f.iIj
. 1320.'South F~oritage Road' .. . . '. . '.
.: Hastings, l\!Iihneso~. 550~9-2~26 '; .'.
Phone'(61~) 437~6169. '. . .'.
,FAX (612:) 438~3583'.'. '. .... ..'
. . . . . . . .
~
',:' .
',',:'
.' '. . '., '. . . " ~ " . ' '.
.' . lJ:tREVO'CAB"LE Li1:1~TER OF'~REDIT. .'
, '. . ""
.. ",
To: :'. .City otPiio~J..ake. . "
. . 16200 Eaglc: Creek AVenue .' : . '. . .:.
. .Pri~r,Lake...~esota. 5537~~1715 .. .':" ....
. .' .
. ," No..14';'102l989 '.'
',' "'. .: .: Date: APril ~.2; 1 ~~9
'. "
Dear. Sir ()r' Madam:'.
.'
" .
. . : .
"
: '. .: .' . We'hereln'issue. fo~'the.accOtintofHmcre~tHo~e~; Inc. andin.yourfavor..oUJ,"" .
. ,'IrrevoCable, ~erof Credirin ~e.attlottirt o'$52.306.~, availabl~to you ~y your draft. drawn on'.
:. . night on tho. u~dcrsigned bank. .:. ;.' "'.' . .
. .' ..... The draft must. .' .' '. , .
.' " . ",
'. .' . a) . B~.the cl~e; KDrawn ~der Letter of Credit No... 14~ 1'021989, ~ A~rit 22. .
. ... . ..1999, ofP,irstFedeCal .iSh";" ..' .' . ... .. ..... . .' . .'.
... .~ b)' Be' signed by the Mayor or' City Manager of1he City of Prior Lake.. '. '.
. .'. .c). Be presented foqjayment at. 1320 South 'Frontage Road, Hastings, MN.55033. on <>t
before4:~O,p~1U~'on~ov~ber30,.'.1~99.' . '. "," ..... . .. . . .
This Letter. of Credii.'.shall automatically renew-for s~ccessive 011e-yeartermS unless,'. . .'
. . . '" at least forty~five. (45) days prior.to the neXt annual. renewal date (which Shan be.. . .' .
: . '. November 30 of each year); .'the Bai1k'delivers written no~~e to the' Pri(;lr Lake City . .....
~er that it.j,Qtends to' modify the terms ot: 'or cancel, :tIns' Letter of Cre~.. Written .' . '. .
. '. . notice is effect;ive.ifsentby.certi.fied ~I. postag"ptq>ai~ and deposited in the RS.... .': ". .' ". . .
Mail:, at least foity-five (45) days prior to the. next annua,l renew~ date addressed as. ,. :,.:.. .
:' '. ,. follows: Prior Lake CIty ~er, Prior Lake Ci~y Hall,' 16200 Eagle Creek Avenue, .
. . '" Prior Lake, MinneS.qta 55372-1714, and is ac,tually. received bythe.City i\1ari,ag'er ~ least, .... .
. fortY~five (45i days prior' to tht?ren~a1.datc,.' .'. .... .': ;.... . .'. .. . '.. . . ..'
. . : ThisL~er~t~r~'se~~rthin~o~Wd~~S~~~hi~hs~a1i'~ot~an; . . :
: .' :.,'. way b<;,modifie.d,:amen~~ amp1ifi~ or ,limited by refere~ceto any'doCume~. ......
. . . ,'. ' . ..' instrwnent,'or agreement, w~et:her or,not referred to. he~in.' . . . "'. . . .'
. .. '. '. . . . " " '., .
" .:: -:"'," . '" ...... '. ;'. .: ...:':,'.:.. :.' ;'. .'. .'" . .:
.' . . . .~. . This Letter.qf Credit is not assignable,)"his is'. not a Not.atio~rL~er of Credit..
.'. '. . . '. Mo.re than one draw may be made under- this Lett:e'i' of Credit. '. ,". :." .
" -, ' " ,H:_.. ',,' ','.' This i..-rOfCredit.h.Jl i;.;ovented by~m';'~revisio" of the ' ,
. Uniform Customs and Practice for D~entary Credits" :{nteInational Chamber of. .
. . Commerc~ Publication'No. .4~b.. . '. .: . '.. .:.' . . .' . .' '. . .
,. '. '.:.: We'~eie~:y .~~e~ tbai~;'~ dta~ ~der '~d' ~.'~~~pli~ce ~ith Thi~'Letter 'Of ; . . . .....
, . "(;reWtshaUbedulY&onOred!'POni?r..en~o,, By ~Je ' ",-'
.. .'" : .... .:., '"Its:~.: I/?C< '#~/~.. '.
. " . , .
'. . .
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. . ,',
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. '.
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'. . . .
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. .
~
EXHIBIT "0"
TO
DEVELOPMENT CONTRACT
"
.
CITY REQUESTED WORK
WATER QUALITY IMPROVEMENT PROJECT
CITY PROJECT #98-21
STATEMENT OF ESTIMATED QUANTITIES
RED OAKS RD SE STORM SEWER - PROJECT 98-21
ITEM SPEC. REF DESCRIPTION UNIT QTY UNIT COST TOTAL
#
1 2104.505 REMOVE BITUMINOUS PAVEMENT SY 75 $7.00 $525.00
2 2104.513 SAWING BITUMINOUS PAVEMENT LF 80 $5.00 $400.00
5 2531.501 B612 CONCRETE CURB & GUTTER LF 32 $8.50 $272.00
6 2531.502 MOUNTABLE CONC CURB & GUTTER LF 20 $7.00 $140.00
7 2211.501 CLASS 5 AGGREGATE BASE TON 20 $7.55 $151.00
8 2331.514 TYPE 31 B, BASE COURSE TON 8.1 $30.00 $243.00
9 2331.508 TYPE 41A, WEAR COURSE TON 5.5 $30.00 $165.00
10 2575.555 TURF ESTABLISHMENT LS 1 $500.00 $500.00
11 2101.502 CLEARING TREE 2 $150.00 $300.00
12 2101.507 GRUBBING TREE 2 $125.00 $250.00
3 2573.502 HEAVY DUTY SILT FENCE LF 25 $1.80 $45.00
4 2506.522 ADJUST MANHOLE CASTING EACH 1 $125.00 $125.00
13 2105.522 SELECT GRANULAR BORROW CY 2.7 $8.00 $21.60
T SCHEDULE NO.5 (98-21) TOTAL $3,137.60
APRIL 8,1999
g: \projects\ 1998\3 9redlot\dvcntrct. doc
04/12/99
27
. EXHIBIT IIEII
"-
.
~
RED OAKS ADDITION
PRIOR LAKE. MINNESOTA
PROJECT NUMBER: NA
DATE: 4/8/99
RYAN ENGINEERING. INC.
SINGLE FAMILY HqIIES
(2 SINGLE FAMILY HOMES)
UTlUTIES AND STREET ESTlMATE
E~GINEERS ES~I~TE
EROSION <;ONTROL
SILT FENCE
FLOATING SILT FENCE
SEED & MULCH
LF.
LF.
LS.
150
200
1
SUBTOTAL EROSION CONTROL
SA~IT~RY SEWER
RAJSE SANITARY MANHOLE
SUBTOTAL SANITARY SEWER
EACH
STORM SEWER:
12"RCP
STANDARD CATCHBASIN
STANDARD C9IMH (SUMP)
12'" 1J>RON WITRASH GUARD
. RiP RAP
$1.80
$7.00
$300.00
2 $1.200.00
LF.
EACH
EACH
EACH
C.Y.
25 $18.00
1 $1.2DO.00
1 $1,400.00
1 $800.00
8 $5U.00
SUBTOTAL STORM SEWER
STREETS
GRAN~LAR FILL
REMOVE EXIST ASPHALT
6' ClASS V (1' BEHIND BIC)
SUBGRADEPREPARATION
8812 CURB AND GUTT'ER
0412 CURB AND GlTITER
r BIT. BASE COURSE
TACK COAT
1-112" eIT. WEARING COURSE
ADJUST CASTING (MH & GV)
BOUlEVARD RESTORATION (2" SOD)
SUBTOTAL STREETS
TON
S.Y.
TON
S.Y.
LF.
LF.
TON
GAlLO
TON
EACH
L.F.
1'00 .
86
182
~
228
265
81
28
1t7
1
228
OTHER ITEM~
RETAINING WALL
SUBTOTAL OTHER ITEMS
S.F.
900
TOTAL CONSTRUCTION COSTS
Ryan Engineering, 'nc.
redoak$.X1.S
,
$8.00
$7.00
~7.55
SO.50
$8.50
$7.00
$30.00
52.00
$30.00
S12S.DO
$0.50
$17.00
$270
$1,400
$300 .
$1,970
$2.400
$2.400
$4SO
$1.200
$1,400
$600
$400
$4,050
$8,800
5595
$1,223
$261
$1.921
$1.786
$1,830
$68
$1,410.
$125
$113
$18, 125
$15,300
$15,300
~1,846
41819$
HHI
HILLCREST HOMES, INC.
14122 Louisiana Ave., Savage, Minnesota 55378
(612) 898-7663 Office (612) 898-3364 Fax
.~ Builder Driven By Quality Craftsmanship and Value."
May 6, 1998
City of Prior Lake
J enni Tovar
Planning Department
16200 Eagle Creek Ave
Prior Lake,MN 55372
Dear Jenni:
Inreference to our Administrative Land Subdivision (file
extension for the filing of this plat... Due to the tornado in 8t.
delayed in selling and moving into their new residence, since it
As you well know we . can not record these documents until
been removed. We can not remove this structure until the
since their new townhouse was destroyed in the tornado, our
rescheduled. Therefore, we are requesting a 3D-day extension.
have any questions or need additional information
I
Builder License # 20036544. Member of the Builders Association of the Twin Cities
-~ -}o
r{f1W/
t& c/J ~
<;fs191
~ In /ffCt/lcLW7 d
JJ4~tt1~
~ friJzfs
.
.~
For,m No. 31-M--QUIT CLAIM DEED
'"
Minnesota Unifonn Conveyancing Blanks (I978)
..
Cor~oration or Partnership
to Corporation or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value eX) filed e ) not required
Certificate of Real Estate Value No.
~ 19 91
Doc. No. T 1 03642
Vol. 99 Page 43
File ~
eert. 32781
unty Auditor
OFFICE OF THE REGISTRAR OF TITLES
SCOTT COUNTY, MNNEOOTA
Certified Filed on
05-06-1999 at 03:20 [ ] PM [~PM
by
Deputy
Pat Boeckman, Registrar of TiUes 02
by~,DePuly Fee: $19.50
WELL CERTIFICATE RECEIVED
WELL CE'W~"9Jr~~HlMRg data)
STATE DEED TAX DUE HEREON:$
!~
Date:
,19 98
FOR VALUABLE CONSIDERATION, Hillcrest Homes Inc.. 14122 Louisana Avenue. Savage. MN 55378
a corporation under the laws of the State of Minnesota, Grantor, hereby conveys and
quitclaims to City of Prior Lake . Grantee, a
Municipal Corporation under the laws of the State of Minnesota
real property in Scott County . Minnesota, described as follows:
NORTHERLY PARCEL
A 5 foot wide perpetual easement for drainage and utility purposes across the following described property:
Lot 42 and that part of Lot 41 which lies northerly of a line described as commencing at the southwest corner of said Lot
41; thence North 32 degrees 12 minutes 55 seconds East on an assumed bearing, along the Westerly line of said Lot 41 a
distance of 24.00 feet to the actual point of beginning of the line to be described; thence South 57 degrees 02 minutes 35
seconds East a distance of 54.22 feet; thence South 66 degrees 18 minutes 04 seconds East a distance of 122.16 feet to the
Easterly line of said Lot 41 and there terminating; all in RED OAKS, Scott County, Minnesota.
CONT~EDSEPARATEPAGE
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto.
Affix Deed Tax Stamp Here
No. ..s~:J..O I
DeedlUofS h~
paid. DIre <<" ~ - '? 't
M~.~. rvation Fee Paid
- ~-~I'-ounty Theasurer
STATE OF MINNESOTA }
ss.
COUNTY OF 1~
By
By
Its
-ftftd-
day of ~
~Mzffl
. 191'1
Zq~
- aHa
CONNIE M. CARLSON
NOTARY PUBLIC-MINNESOTA
a
on behalf of the
~/11. ~
SIGNATURE OF PERSON TAKING ACKNr~T
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
Tax Statements for the real property described in this instrument should be sent
to (Include name and address of Grantee):
THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
H1LLCSNO.DOC
"
Said easement being 5.00 feet left of the following described line:
Commencing at the southwest comer of said Lot 41; thence North 32 degrees 12 minutes 55 seconds East, assumed
bearing, along the northerly line of said Lot 41, a distance of24.00 feet to the point of beginning of the line to described;
thence South 57 degrees 02 minutes 35 seconds East a distance of 54.22 feet; thence South 66 degrees 18 minutes 04
seconds East a distance of 122.16 feet and said line there terminating.
The side line of said easement is prolonged or shortened to terminate on the easterly and westerly line of said Lot 41.
d
H1LLCSNO.DOC
Form No. 31-M-QUIT CLAIM DEED
Minnesota Unifonn Conveyancing Blanks (1978)
Corporation or Partnership
L_ to Corporation or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value G.{ ) filed ( ) not required
Certificate of Real Estate Value No.
6"-S ,19 ~?
J!!
Doc. No. T 1 03643
Vol. 99 Page 42
File 150
eert. 32780
~ty Auditor
Deputy
OFFICE OF THE REGISTRAA OF TITlES
scon OOUmY, M~SOTA
Certified Filed on
05-06-1999 at 03:20 [ ] PM [;c] PM
Pat Boeckman, Registrar of TiUes
by -M, Deputy Fee: $19.50 02
WEll CERTlACATE RECEIVED
J WEll CmVf~Y;~PIMflHI~fdata)
by
STATE DEED TAX DUE HEREON:$
Date:
, 19 98
FOR VALUABLE CONSIDERA nON,
, a c01J>oration
and quitclaims to
Corporation
County
Hillcrest Homes Inc., 14122 Louisana Avenue, Savage, MN 55378
under the laws of the State of Minnesota, Grantor, hereby conveys
City of Prior Lake , Grantee, a Municipal
under the laws of the State of Minnesota , real property in Scott
, Minnesota, described as follows:
SOUTHERLY PARCEL
A 5 foot wide pe1J>etual easement for drainage and utility purposes across the following described property:
Lot 40 and that part of Lot 41 which lies southerly of a line described as commencing at the southwest comer of said Lot
41; thence North 32 degrees 12 minutes 55 seconds East on an assumed bearing, along the Westerly line of said Lot 41 a
distance of24.00 feet to the actual point of beginning of the line to be described; thence South 57 degrees 02 minutes 35
seconds East a distance of 54.22 feet; thence South 66 degrees 18 minutes 04 seconds East a distance of 122.16 feet to the
Easterly line of said Lot 41 and there terminating; all in RED OAKS, Scott County, Minnesota.
CONTINUED ON SEP ARA TE PAGE
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto.
Affix Deed Tax Stamp Here
No. S ~O:J...
DeecllU of S /,~...s- ~
paid. Dare .s ~ - 99
,,~.~ation Fee Paid
. _n n-ICounry 'neasum
STATEOF~~ } ss.
COUNTY OF 7f!.I /IT
By
By
Its
acknowledged before me this
c...
day of
tfrd
, 19 CJ ~
a~~
on behalf of the
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
Tax Statements for the real property described in this instrument should be sent
to (Include name and address of Grantee):
TillS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
H1LLCSSO.DOC
. Said easement being 5.00 feet right of the following described line:
Commencing at the southwest corner of said Lot 41; thence North 32 degrees 12 minutes 55 seconds East, assumed
bearing, along the northerly line of said Lot 41, a distance of 24.00 feet to the point of beginning of the line to described;
thence South 57 degrees 02 minutes 35 seconds East a distance of 54.22 feet; thence South 66 degrees 18 minutes 04
seconds East a distance of 122.16 feet and said line there terminating.
The side line of said easement is prolonged or shortened to terminate on the easterly and westerly line of said Lot 41.
H1LLCSSO.DOC
Form No. 30-M-QUIT CLAIM DEED
Corporation or Partnership
to Individuel (s)
Minnesota Unlfonn Conveyanelnl Blanks (1978)
Miller-Davis Co.. Minneapolis
"'"
No delinquent taxes and transfer entered; Certificate
of Real Estate V alue ~) filed ( ) not required
Certificate of Real Estate Value No.
.5-..$" ,19 f~
bY~
ty Auditor
Deputy
STATE DEED TAX DUE HEREON: $
rlY
FOR VALUABLE CONSIDERATION,
,192L.
Date:
Doc. No. T 1 03639 File 1.'l3
Vol.94 Page 307 eert. 31495 +-
OFFICE OF THE REGISTRAR OF TITlES ?> \ 4~ lc
SCOTT COUNTY, MNNEOOTA
Certified Filed on
05-06-1999 at 03:20 [] PM [)(J PM
Pat Boeckman, Registrar of Titles 02
by ~, Deputy Fee: $34.50
WELL CERl1FICATE RECEIVED
'" WELL CERTIACATE NOT REQUIRED
(reserved for reco.ding data)
Minnesota
Hillcrest Homes, Inc.
,a corporation
, Grantor, hereby conveys and quitclaims to
Kuhar
under the laws of
real property in
Jayne
Scott
, Grantee (s),
County, Minnesota, described as follows:
Lots 40, 41 and 42 in Red Oaks, on Prior Lake, Scott County,
Minnesota
;/-S--tJ 1/ ~ - tJ,1. 7- /
;J..r.S' -d"~ - () ~7- ()
'.
(if more spece Is needed. continue on beck)
together with all hereditaments and appurtenances belonging thereto.
No. S-'./
Affix ",*,l'1aof$t.
paid. DIre
1lILll\...~atioD Pee Paid
. ' ~--.Tr~ry 'naswer
STATE OF MI~~ESOTA t 88.
COUNTY OF /..U-?7A1~ f
The for~oing was acknowledged before me this
by ('IIE/ 5 ~Gd ;t)t) t/ I C
the PRE S- I oc /J/
of Hillcrest Homes. INc.
under the laws of Minnesota
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) 'I
I
I
J
@:"'lJOHNL.TAMBORNINO
\, .11.W NOTARY PUBLIC - MINNESOTA
\. "~ MyCommiSsionElqliresJan,31,2000
ITHIS INSTRUMENT WAS DaAFTEDBY(NAME-ANDADD-RESS)': I
i Kunert, Tambornino & Kuhar I
I 431 South 7th Street I
i Minneapolis, MN 55415
i
I
i
I
I I
I ,
1"___"_._"_,._","",.""_"".._"..".__.",__""".._,,",_.""_"",,-,,_",_",,_",_,._.-.J
By
By
Its
';?7CL r;;L"
// day of. .. .";(';/.'
and / /'
,
and
,19~,
Tax Statement. tor the real property dllcrlbed In UlI. Inltrument mould
be .ent AOMiNisTRA;.ivE~_Ai5'SlMoMSION
CASE FILE tt_1S..:e?.3, ..~
:;C":":. ,:.:(~.
ILl' . '10 provilionl of
'''I~ of Prior l.aka.
jVOO by .. CIy 01
By:
9rS -7(P~ 3 - Qlv\,(,;..
0AJ2R~ ~~
~~~up
Form No. 28.M-OUIT CLAIM DEED
Individual (s) to Corporation
or P artnersh ip
Minnesota Uniform Conveyancing Blanks (1978)
Miller-Davis Co., Minneapolis
No delinquent taxes and transfer en tered; Certificate"
of Real Estate Value (K) filed ( ) not required
Certificate of Real Estate Value No.
.,s--..s ,19 ,'1'7
by
nty Auditor
Deputy
STATE DE D TAX DUE HEREON: $
'/'7
Date: '~/I;;
. j,
FOR V A (UABLE CONSIDERATION,
19ff
, -
Doc. No. T 1 03641
Vol. 99 Page 43
File TJ 00
Cert. 32781
OFFICE OF THE REGISTRAR OF TITLES
scon OOUNTY, MNNEOOTA
Certified Filed on
05-06-1999 at 03:20 [] PM ()4 PM
Pat ~n, Registrar of Titles 02
by~, Deputy Fee: $34.50
WELL CERTlACATE RECEIVED
WELL CERTlACATE NOT REQUIRED
(reserved (or recording data)
Jayne Kuhar, a single person
, Grantor (s),
hereby convey (s) and quitclaim (s) to
(marital status)
Hillcrest Homes, Inc.
, Grantee,
a
real property in
corporation
Scott
under the laws of M1.nnesota
County, Minnesota, described as follows:
Lot 42 and that part ofLat 41 which lies Northerly of a line described as commencing at the Southwest
corner of said Lot 41; thence North 32 degrees 12 minutes 55 seconds East on an assumed bearing along
the westerly line of said Lot 41 a distance of 24.00 feet to the actual point of beginning of the line to be
described; thence South 57 degrees 02 minutes 35 seconds East a distance of 54.22 feet; thence South 66
degrees 18 minutes 04 seconds East a distance of 122.16 feet to the Easterly line of said Lot 41 and there
terminating; all in RED OAKS, Scott County, Minnesota Pa rc e {: ~ 0- () L/ ;? ,. 0:17,-1
;
J5'3-:S J TUJ Oc.ka QJ.
; "
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto.
No. "<~o
,,, ,,=~~ -~~,.,::::
MltL~.~servation Fee Paid
~ ~'~County 1i'easurer
t 85.
COUNTY 0 " '1. f
The foregoing instruJnt was acknowledged before me this
by ne Kuhar a sin le erson
STATE OF MINNESOTA
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) 'I
I
I
@IIJOHNL.TAMBORNINO
- NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan. 31, 2000
THIS INSTRUMENT WAS DRAFTED BY (N AME AND ADDRESS): i
Kunert, Tambornino & Kuhar
431 South 7th Street suite
Minneapolis, MN 55415
,
I
2Sr
I
i
I
i
..J
,19U
, Grantor (8).
"
~:~elaMlfi""CIII&___ent mould
CASE FILE ...j k ..o:s :1
ThiI eppInIion 00IftJl1I1! .., 1M pIUIJIIIDM of
SectIon 6-1-3 of V. City Code of PItor LaIr8.
MiMHOla, and is hereby ~ br'" ~ of
Prtor
By
., - ,Y' . Date: 511/99
of Prior Lake PfeI'lrW1g ~
Form No. 28.M-CUIT CLAIM DEED
Individual (s) to Corporation
or P artnersh ip
Minnesota Uniform Conveyancing Blanks (1978)
Miller-Davis Co., Minneapolis
No delinquent taxes and transfer entered; Certificate
of Real Estate Value (~ ) filed ( ) not required
Certificate of Real Estate Value No.
S"'-S ,19 91
by
nty Auditor
STATE DEE~ TAX DU~JHEREON: $
Date: )k~r /2
FOR VALUABLE CONSIDERATION
. ,
Deputy
~~
,19 ,ff
Doc. No. T 103640
Vol. 99 Page 42
File 1. ~
eert. 32780
OFFICE OF THE REGISTRAR OF TITLES
SCOTT COUmY. MNNEroTA
Certified Filed on
05-06-1999 at 03:20 [l PM [Xl PM
Pat Boeckman, Registrar of Titles 02
by ~ ,Deputy Fee: $34.50
WELL CERTIfICATE RECEIVED
i
WEll ~fm!gtIt01EiiWl\liPdata)
Jayne Kuhar a single person
, Grantor (s),
(marital status)
HilLcrest Homes, Inc.
hereby convey (s) and quitclaim (s) to
a corporation
teal property in
, Grantee,
Scott
under the laws of Minnesota
County, Minnesota, described as follows:
Lot 40 and that part of Lot 41 which lies Southerly of a line described as commencing at the SdUthwest
corner of said Lot 41; thence North 32 degrees 12 minutes 55 seconds East on an assumed bearing along
the westerly line of said Lot 41 a distance of 24.00 feet to the actual point of beginning of the line to be
described; thence South 57 degrees 02 minutes 35 seconds East a distance of 54.22 feet; thence South 66
degrees 18 minutes 04 seconds East a distance of 122.16 feet to the Easterly line of said Lot 41 and there
terminating; all in RED OAKS, Scott County, Minnesota Par ce I .' ~ 5-04-:A - 0 ::n,.0
I J 3 'f , l1-tl {biD l~.
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto. . / /
No. 6")../11 Pu ~
~Tu of$ /,~ J KU1fAR
,ill;. 1i<.."M" :.;C>.fH;" J~fS-9"
~.~atiOll Fee Paid
. . - ~- ~ I'-ounty 'l'i'easurer
STATE OF MINNESOTA ,I ss.
COUNTY OF~4/f/1Uj-L4f_/
The foregoing instrume6t w~s acknowledged before me this
by Jayne Kuhar, a slngle person
''"NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) "I
. I
i ,I
@ JOHN L. TAMBORNINO
..II NOTARY PUBLIC" MlfJtJESOTA
My CommISSIOn Expires Jail 31 2000
THIS I1'lSTRUMENT WAS DRAFTED BY (N AME AND ADDRESS);'
I
i
I
I
250r
K~nert, Tambornino & Kuhar
431 South 7th Street Suite
Minneapolis, MN 55415
" ., X/"
. I .~-
./ day of
/'
/~(
,1~,
,/t'
, Grantor (8).
Tax Statement. for the real property dllcrlbed In thla In.trument mould
be .ent XL'JMYM1STMtrft'~1&*)M1ION
CASEFILE. '76'-CY33
Thill ~ ~ will .. """lit. . ~
Sedion 6-1.3 of the City Code ~ ..... L.IIIII.
.......lOIII, IPI is hereby awro- .... air II
PItor
~:
. ~~-1/ ~: SJ<f/f9
of Prior lake PttIw*Ig 0 lr ~
APPLICA TIONS
&
APPLICA TION
MA TERIALS
L:\TEMPLA TE\FILEINFO.DOC
SJBMISSION R.&mREMENl'S:
A. Completed awlication fom and Pro~rty Identification Number (pm).
B. ~lete Legal. d~scription of existing and pro1=Osed parcels.
c. Filmg fee. I,) Ad. ~bc!i"{S I 6Yl , SO. CO vo-vr'N'V"CL.
D. iSJr7ey prepared by a registered land surveyor.
E. 15 copies of the application, survey and supporting data and 1 set
reduced to II n X 17".
F. Total square footage and or acreage of existing and pro1=Osed parcels.
G. Names and addresses of owners who own pro~rty contiguous to the
subject site.
..f' LoT LV f ~ d ~ S I S-d-bc, J<
~ g ^l 5J-f-,1J r,t:-r,FJJ-ed LLja-P.
~ s..wow
.""3.
lc.t-
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HILLCREST HOMES, INC. 5/95
.16714 JAGUAR AVE."..' ..
LAKEVILLE. MN 55044
2648
Pay to the
~ Order of
Q
i g--t1 ~
@
.~R:~~&b
75-7003/29 1 9
? - (,,1 19 n BRANCH 9
$ / 7SP"c/
tars
For
t:
CITY OF PRIOR LAKE
RECEIPT # 32403
DATE: 3/3/9~
, r
-
dollars
for the purpose of
$
J 7 ~()V
BUILDING PERMIT #
BUILDING PERMIT #
1,200.00
700.00
1,500.00
Building Permit Fee
Plan Check Fee
State Surcharge
Park Support Fee
SAC
Plmb Pmt pp#
Mech Pmt mc#
Mech Pmt mc#
Swr/Wtr Pmt sw#
Pressure Reducer
Water Meter
Tree Preservation Deposit
Swr/Wtr Connection Fee
Water Tower Fee
Builder's Deposit
Other
Total
Building Permit Fee
Plan Check Fee
State Surcharge
Plmb Pmt pp#
Mech Pmt mc#
(Heating only - $65.00)
(Htg & Air - $100.00)
(Fireplace - $40.00)
(Air - $40.00)
Swr/Wtr Pmt sw #
Other
Total
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'....~ -~'",. .
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- .-...., ~
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~
'.
RECEIPT #34573
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, FAX (612) 447-4245
DATE: wi { g J cr9
Received of #~ ~
the sum of -4-; V-e, i111u~ -fu.Jo hurzducl ~ ~ ~ JlOhw
for the purpose of ~ ~ ::+,lj...<J
dollars
.
Invoice #
$ ~~;))y 40
---------
.~~. HIL;~xR~~~OME~~I~~?;;~~.~~~.-.::==~:~.~~=.~:....,,~.::.~,: . "'0:: . .'
. ;. ~~IORLAKE.MN55372 ... .----...- .. ..., M'-. Date (.0 - j . 11 .7' 9'
: Pay to the .
IOrderof .' '.
~. tc;:;.t: . vJ'"AA/.
~. . . ......,14994GlAZ!ERAVE>........,
"...---~-BRST.~-..-..-.APPI.EVALLEY MN55124'. '-'.
~'~~~C:.===';__~:==:.'. .'-=::::.=:-~o
r:::~.t' ""r,~'..F.. ~.... oM~---.--.-... ...--....'---...--
:;'rOF-t;;;,;U v__ . . "".'I.fi -' ..' . . . ~':=':::::'=:_- -----.;::::::::..-- \
~, ;;.-.:.... ----'-Itfi;;fi..~-iii!l.O to"'~ ~-:...~--,--_.~.::?::::.::.::-:::~:..-:...----..=::::::
?' ..::tI ::- .::~:::::~~.._._.---....:::::::::::::==-.. ---.....'. . '.. - --.---;----..
HHI
HILLCREST HOMES, INC.
16714 Jaguar Ave., Lakeville, Minnesota 55044
(612) 898-7663 Office (612) 898-3364 Fax
.~ Builder Driven By Quality Crqftsmanship and Value."
LOTS 40, 41 AND 42 RED OAKS
Pertinent information regarding application to replat lots 40, 41 &-42 Red Oaks. Lots are
in separate ownership.
Pill #'s: 41 25-042-027-0
40 and 42 25-042-027-1
LOT COMBINATION
Lot width at setback:
Lot 1: 94'
Lot 2: 71'
Lot area:
Lot 1: 17.020 square feet
Lot 2: 11,I 5 3 square feet
Use existing platted street for driveway access
10' side yard setbacks
VARIANCES REQUIRED
Lot 1:
None
Lot 2:
Lot area from 15,000 to 11,153 square feet
Lot width at street from 85' to 71'
EXISTING LOTS WITHOUT REPLA TTING
Lot width at setback:
Lot 40:49'
Lot 41:48'
Lot 42:68'
BuilderLicense # 20036544. Member of the Builders Association of the Twin Cities
,J ,
Lot area:
Lot 40: 7,026 square feet
Lot 41: 7,649 square feet
Lot 42: 13,497 square feet
Use existing platted street for driveway access
5 and 10' side yard setbacks
VARIANCES REQUIRED
Lot 40:
1. Lot width at 25' front yard setback from 50' to 49'
2. Lot area from 7500 square feet to 7026 square feet
3. Lakeside setback on easterly portion from 50' to an amount to be determined by
specific floor plan.
Lot 41:
1. Lot width at 25' front yard setback from 50' to 48
Lot 42:
Lakeside setback along northerly lot line from 50' to 32
It is evident that in this instance the best use for the land would be to combine all three
parcels, and replat to two parcels. If necessary three sites could be utilized, however it is
our intent to pursue the two-site scenario. New legal description would be Lot 40 andplo
41..... and Lot 42 and plo 41..... Red Oaks
FROM : HILLCREST HOMES INC.
Jul 30 98 08:24. R~an EnCineerinc. Inc.
JUL. 30. 1998 3:57PM P 2
PHONE NO. : 612 898 3364
812-880-S029
p.l
...
...
Civil Engineering. Land Planninl
EhyjrODlDental. Sur".ying
PROPOSED D8AINdGE AND UTIJJTY ~EMENT
HILLCREST HOMES, INC.
LO'I"S 40, 41, AND 41
RED OAKS, PRIOR LAKE
.July 30, 1998
NOllTHEItL'( PARCEL
A S foot wiele petpemal easemc::nt for drainase aDd utility purposes across tho fOlloWing
described property:
Lot 42 md that pm of Lot 41 'MUch IieB northerly of. line 4esmibecl as ooUIIDClDGmg at the
southwest eomer ofsaid. Lot 41; themcc: NoJth 32 deareoe 12 :rmnut.. ss secxauIs Bast on.-
assumed bearing. alGal the Westerly line ofuid Lot 41 . distaace of24.00 fbet to the actual
point ofbegDming oftha line to be deIcn"bed; thence Sou.th 51 clestees 02 minutes 35 seconds
Eua: . distmce of 54.22 f'ee&; thcage South 615 degrees lSI11iD.Utes 04 seCODds EIIIit . distance of
122.16 feet to the Eastcdy line of"said Lot 41 _ theru tcmninatiDa; all in BED OAKS, Scott
Coubty, MimlelOta.
Said easement being 5.00 feet left otlho following described be:
C<munonuiD.3 at the southwest gomer ofsaid Lot 41; thClllC;C North 32 degrees 12 minutes 55
seconds East, aiSnme.d boarin& along the northerly liDe of said Lot 41t . dist~l!CI of 24. 00 feet to
the point ofboghming oftbe be to descdbocl; thea.ce South 57 degees 02 miDutes 35 HCOD.ds
East a distattc:e of 54.22 feet; thea.ce Soudl 66 clesreel 18 minutes 04 secoDds Easr . cIiIt"~ of
122.16 feet UlQ saiclliac there Ie.rmiABting.
The side line of said easemettt is proloDgecl or shorteaed. to tennmato em the easterly anel westerly
line of &aid Lot 41.
S~YPARn:rI,
A ~ foot wide perpetual e8l1Oment for drainage and utility purposes ac:tOSS the fOllowing
4esQribed p-operty:
Lot 40 md that part oflAt 41 whidL lies southerly of. line described as co:ll1lDClloiD. at tho
southwest COI1:ler of said Lot 41; theac:e North 32 degrees 12 miDUlell SS SOCO:D.ds East on aD
aSSlUDed bearing, along the Wollterty line of said Lot 41 . di_IlJICle of24.oo feet to the ac:ru.l
point ot''bog;nning of1ho line to bo cleIcribccl; theac:o South 57 dear=- OZ ~0lI 35 Mgoncls
East a dilltance of .54.22 feet; theo.ce South 66 dogees ] 8 minutes 04 1eOOD48 East . cn.aa.ce of
Corporate Olficu: 430 L.afayette Avenue, excelsior. MN 5S331 (612) 474-7600 Office 474.1956 Fax
Sallage Office: 12400 Princeton Ave. So., Suite A, Savllge, MN 55378 (612) 890-6110 Office 890~6029 Fax
FROM : HILLCREST HOMES INC.
~ul 30 98 08:248 R~an E"~ineerinK, Inc.
1
JUL. 30. 1998 3:57PM P 3
PHONE NO. : 612 898 3364
612-890-G029
p.2
122.16 teet to th~ Eaaerly One of IBid Lot 41 and there tcII1aiDating; .u in RED a
County, MiDnesota.
Cil'U Engineorlnl + Lund PI_RRlne
EPYiroDlDeotal. Surveyiog
Sai4 ease~cmt being S.OO feet r.iaJd: of the followiD.S described DO:
CQmme.nciQ.s at the southwest comer of..wl Lot 41; tJu:ag" North 32 d.cgecs 12 minutes SS
seconds East, .SP"QlC bearing, along the IlO11herly line of'said Ltat 41, a dist'-(!fIJ of 24. 00 feet to
the point ofbeginniDs of the line to described; thance South 57 d.... 02 minutes 3S ICCODU
~8t a distan~ of 54.22 feet; theace South 66 clegtees 18 minutes 04 IeGOIld.s East a dilbmc;e of
122.16 teet ancl said line tbare tenDiD.at:tas.
The siele line of said easement is proloaaed or shortcm.ed to teriDi:D.ate em the easterly ad westerly
line of said Lot 41.
CorpoTote OffiCII': 430 Lafayette Avenue, Excelsior, MN 55331 (612) 474-7600 Office 474.J9,6 Fax
Sallllge Offlce: ] ~400 Princeton Avt. So.. Suile A, Savage, MN 55378 (612) 890.6110 Office 890-6029 Fn
-L__
AFFIDAVIT OF SERVICE BY MAIL
COUN1Y OF SCOTT )
)ss
STATE OF MINNESOTA)
{Jyd/f{j~ ~fthe City of Prior Lake, unty of Scott, Stale of
Minnesota, being duly sworn, says on the 4 day of 12- 1998, she served
~.a ched list of~ns to ~lJF:jt in the If / -0
~ In ' 'I~y mailing to them a copy thereof,
enclosed in an envelope, postage prepaid, and be depositing same in the post office at
Prior Lake, Minnesota, the last known address of the parties.
Subscribed and sworn to be this
day of , 1998.
NOTARY PUBLIC
MAILAFFD.DOC
PAGB
t
Avery Laser File Folder Labels
t
James Feick
10125 Crosstown Circle
Eden Prairie, MN 55344
Michael Benedict
15380 Breezy Point Road SE
Prior Lake, MN 55372
Kenneth and MaIjean Hoeg
15381 Red Oaks Road NE
Prior Lake, MN 55372
Gateway Shores Assoc.
15511 Stefan Circle SE
Prior Lake, MN 55372
Paul & Dorothy Durand
15341 Red Oaks Road SE
Prior Lake, MN 55372
Hillcrest Homes Inc.
14122 Louisiana Ave.
Savage, MN 55378
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FILE COpy
CITY OF PRIOR LAKE
ORC PROJECT REVIEW CHECKLIST
PROJECT NAME: Hillcrest Homes
An application for an Administrative Subdivision to combine
three existing lots into two lots for two future single family
dwellings located at Lots 40, 41 and 42 Red Oaks. The
proposed Lot 40 and plo Lot 41 needs a variance to allow lot
area of 11,153 square feet rather than the minimum required of
15,000 square feet.
APPLICANT: Hillcrest Homes
16714 Jaguar Avenue
Lakeville, MN 55044
PROJECT ENGINEERS: Ryan Engineering
Minneapolis, MN
CONTACT PERSON: Chris Deanovic
898-7663
SITE INFORMATION
PID#: 25-042-027-0 and 25-042-027-1
LOCATION: This property is located on a peninsula at the end of Red Oaks
Road.
EXISTING ZONING: R-1 SD
COMPREHENSIVE PLAN: R-UMD
PROJECT REQUEST: Review and comment on Administrative Subdivision and
Variance.
DISTRIBUTE TO: APPLICATION FOR:
X Frank Boyles Greg IIkka X Administrative Land Division
X Bret Woodson X Sue McDermott - C Comprehensive Plan Amend.
X Ralph Teschner Jeff Evens Conditional Use Permit
X Paul Hokeness Lani Leichty Home Occupation
X Bob Hutchins Verlyn Raaen Rezoning
X Don Rye - C. X Doug Hartman Site Plan
X Jane Kansier -C X Dave Chromy Preliminary Plat
X JenniTovar Police Chief PUD
X DNR - Pat Lynch X Minnegasco Final Plat
County Hwv. Dept. Watershed Dist. X Variance
MNDOT X Telephone Co. Vacation
SMDC X Electric Co.
Other Met. Council
Date Received 3/4/98 Date Distributed 3/9/98 Date Due 3/16/98
Complete Application Date Distributed to 3/9198 DRC Meeting 3/19/98
Date DRC
Publication Date N/A Tentative PC Date N/A Tentative CC NA
Date
60 Dav Review Date 5/3198 Review Extension N/A
1:\98files\98adplat\98-033\referral.doc
Page 1
t!dri/()j 'II f-t/A-fdfJd.d
I have reviewed the attached Hillcrest Homes administrative subdivision and variance
request for the following:
Water Ci Code
v Sewer Storm Water
Zonin Flood Plain
Parks Natural Features
Assessment Electric
Polic
Se tic S stem Gas
.V- Erosion Control Other
Buildin Code
Recommendation: _ Approval
Denial
V'" Conditional Approval
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.. .. · ) " _ A":l N . '1 .~ If '.l'uAT7I.n-7 ,~.... f/-J!., -. 11_ 'il:iL-A
I_,~ /'.- · ir~ .'.._ 1?ILlI. /MItA'HID ... H ~ Lr/.,;....J...7: ~. Im
~ - J ..'4.. 'J_' - --.. i r..u... 7. !';~" _A_-..1 ?jf.,,..~ &,......, rl.. 1"A:r1 '
'-" ~IJ -0 .... ~...C 'IJ#tI;. ,."p", f.~ - '" A .~. l1d'6.iu
.h ~ IJ II 67..w I- . W. ....., ~ ~.:.. --'-. . /.~'. ""r-l.. AT1....1 > '~~ ~ '--... ~Ittld...
~~ d.. . Q- ... A/7 ~ I_n Date: /~7:'?' na-
/" Ll....ry 'f
Please return any comments by MA~:~998, to
Signed:
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
~.~ ~ ~~ ~ 'h4cmi/iiii[, .
1:\98files\98adplat\98-033\referral.doc
Page 2
~
I have reviewed the attached Hillcrest Homes administrative subdivision and variance
request for the following:
Water City Code Gradino
Sewer Storm Water Sions
Zonino Flood Plain County Road Access
Parks Natural Features legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation: V Approval
Denial
_ Conditional Approval
Comments:
Al-L Sf>li"C''''l A~,CS"'II\.C"'J;S" \,\I'\ut (.\rk.., p~...n c.... """""tcE: pA~II:'''',
~Q...!L ~o..L' N"l\ Pe"NO\Nl, FEE:s ASSO'-'ArCn UJ'''''U +1... 'Ollih.....ISY1I.AT...'-
~ ~R II. "nc: ,'" rJ .
Signed:
~~~
Date:
.J ICIf /~g
Please return any comments by MARCH 161998, to
Jenni Tovar, Planner
City of Prior lake
16000 Eagle Creek Avenue SE
Prior lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\98fi1es\98adplat\98-033\referral.doc
Page 2
HHI
HILLCREST HOMES, INC.
16714 Jaguar Ave., Lakeville, Minnesota 55044
(612) 898-7663 Office (612) 898-3364 Fax
^l
UA Builder Driven By Quality Craftsmanship and Value."
LOTS 40, 41 AND 42 REDQAKS
Pertinent information regarding application to replat lots 40,
in separate ownership.
Pill #'s: 41 25-042-027-0
40 and 42 25-042-027-1
LOTeoMBINATION
Lot width at setback:
LotI: 94'
Lot 2: 71'
Lot area:
Lot 1: 17.020 square feet
Lot 2: 11;153 square feet
l..Tseexisting platted street for driveway access
10' side yard setbacks
VARIANCES REQUIRED
Lot 1:
None
Lot 2:
~otareafroln15,OOOtoJ 1, 153 square feet
Lot width at street from 85' to 71'
EXISTING LOTS WITHOUT REPLA TTING
Lot width at setback:
Lot 40:49'
Lot 41:48'
Lot 42:68'
Builder License # 20036544. Member of the Builders Association of the Twin Cities
I have reviewed the attached Hillcrest Homes administrative subdivision and variance
~---~- - - -
request for the following: -
Water City Code Grading
Sewer Storm Water Signs
Zoninq Flood Plain County Road Access
Parks Natural Features Leqallssues
Assessment Electric Roads/Access
Policy
Septic System Gas Buildinq Code
Erosion Control Other
Recommendation: _ Approval
Denial
1/ Conditional Approval
Comments:
· ~1~~11~~j ~r/:X"t~~)-iyn ~~;T1)
" '1 Ltl7) l h\~ \ i'V\ ~1 +V\Cvv-.- .-M~L 1 ~ ~ J{i <f(rT~J
.~ ~'f,,~;~~f5 ~~1'; re ~+.;J:.. ,a!]gqt~~~ a AiN '
I)
Signed: UA\Lf) ~ rM" A.)
Please return any comments by MARCH 16 1998, to
Date:
31 q ~~
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\98files\98adplat\98-033\referral.doc
Page 2
HHI
HILLCREST HOMES, INC.
16714 Jaguar Ave., Lakeville, Minnesota 55044
(612) 898-7663 Office (612) 898-3364 Fax
"A Builder Driven By Quality Craftsmanship and Value. H
LOTS 40, 41 AND 42 RED.OAKS
Pertinent information regarding application to replat lots 40,
in separate ownership.
Pill #'s: 41 25-042-027-0
40 and 42 .25-042-027-1
LOT€OMBINA TION
Lot width at setback:
LotI: 94'
Lot 2: 71'
Lot area:
Lot 1: 17.020 square feet
Lot 2: 11,153 square feet
Use.existing platted street for driveway access
10' side yard setbacks
VARIANCES REQUIRED
Lot 1:
NOlle
Lot 2:
r.ofarea frOlll 15,000 toll, 153 square feet
Lot width at street from 85 ' to 71 '
EXISTING LOTS WITHOUT REPLA TTING
Lot width at setback:
Lot 40:49'
Lot 41:48'
Lot 42:68'
Builder License # 20036544 · Member of the Builders Association of the Twin Cities
FROM SCOTT-RICE TELEPHONE CO.
PHONE NO.
612 226 3758
Mar. 10 1998 03:02PM P1
I have reviewed the attached Hillcrest Homes administrative sUbdivision and variance
request for the following:
Water City Code Grading
Sewer Storm Water Siens
Zoning Flood Plain Countv Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Building Code
Erosion Control .X Other -rELE
Recommendation: ~ Approval
Denial
_ Conditional Approval
'.. .
Comments:
~o 'PRo!L'E.1Y\. $
.' c. . . Scott Rice Telephone Company
. 4690 COl..QfOACO ST.. S.E.
. . : PIOIOA I...a>q;;, MINI'I, 95372
. . . .
. .
'$~~ PI1IOR IN<tt. NEW MARK.....
. . AND WIi:BSTEA, MINNI!5Q'r...
II'IC:LUDING l.JMrrED PoRTIONS OF:
s...VAGE ~ '~II.l..," . LAK&:VIU.E
DON BARUloGE
ENGlNl!:/O)llING
(;12.447-37513
1>_ S60-l!I132 .
FAA 1512-226-3758
Signed:
'b~ ~~
Date:
3-l0~9B
Please return any comments by MARCH 16 1998, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\98files\98adplat\98-033\referral.doc
Page 2
MRR-11-1998 13:26
MINNEGRSCO-NCCS
612 321 5573 P.01/01
I have reviewed the attached Hillcrest Homes administrative subdivision and variance
request for the following:
Water City Code Grading
Sewer Storm Water Signs
ZoninQ Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads/Access
Policy
Septic System X Gas BuildinCl Code
Erosion Control Other
Recommendation: ~ Approval
Denial
_ Conditional Approval
Comments: A !'t:-
f...~~~ r-r\\\
Signed:
k~
Date:
3-{()-~
Please return any comments by MARCH 161998, to
Jenni Tovar, Planner
City of Prior Lake
16000 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 4474230
Fax: (612) 4474245
1:\98files\9Sadplat\98.033\referral.doc
Page 2
TOTRL P.01
.,
.
.
.
..
.~
I have reviewed the attached Hillcrest Homes administrative subdivision and variance
request for the following:
Water Citv Code GradinQ
Sewer Storm Water SiQns
Zonina Flood Plain County Road Access
Parks Natural Features leaal Issues
Assessment Electric Roads/Access
Policy
Septic System Gas Buildina Code
Erosion Control Other
Recommendation: ' Approval
~nditional Approval
Denial
Comments:
C{OCo ,0
Signed:
Date:
Please return any comments by MARCH 161998, to
Jenni Tovar, Planner
City of Prior lake
16000 Eagle Creek Avenue SE
Prior lake, MN 55372
Phone: (612) 447-4230
Fax: (612) 447-4245
1:\98files\98adplat\98-033\referral.doc
Page 2
~
HHI
.
r
~
HILLCREST HOMES, INC.
16714 Jaguar Ave., Lakeville, Minnesota 55044
(612) 898-7663 Office (612) 898-3364 Fax
'.
"A Builder Driven By Quality Craftsmanship and Value."
LOTS 40, 41 AND 42 RED
Pertinent information regarding application to replat lots 40,
in separate ownership.
Pill #'s: 41 25-042-027-0
40 and 42 25-042-027-1
LOT COMBINATION
Lot width at.setback:
Lot 1: 94'
Lot 2: 71'
Lot area:
Lot 1: 17.020 square feet
Lot 2: 11,153 square feet
Use existing platted street for driveway access
10' side yard setbacks
VARIANCES REQUIRED
Lot 1:
None
Lot 2:
Lotarea from 15,000 to .11,153 square feet
Lot width at street from 85' to 71'
EXISTING LOTS WITHOUT REPLA TTING
Lot width at setback:
Lot 40:49'
Lot 41:48'
Lot 42: 68'
Builder License # 20036544. Member a/the Builders Association a/the Twin Cities
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REGIOI'I ,
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INNESOTrA':'.lr (i
: \ \ l. (, ,<:
N........ 0tr\ ,::..:..--..'----
- Ii JJl
PROTECTED WATERS
PERMIT
lPermit Nwnber
Departmellt .,
99-6112
Division of
, ::j,
IV.
Punuaut to Minnesota Statutes 1030, and on the basis of and infonnation contained in the permit appIicatioa, letters, maps, and plam submitted by the
IIDDlicant and other suooortin2 data, all of", lich .. SSION IS HEREBY GRANTED to the aoolicant to oerform the worlc as authorized below:
Protected Water County
Lower Prior Lake (70-26P) Scott
Name of Permittee Telephone Number (include Area Code)
City of Prior Lake, Attn: Lani Lichty (612) 447-4230
and Hillcrest Homes, Attn: Chris Deanovic
Address (No. & Street, RED, Box No. City, State, Zip Code)
16200 Eagle Creek Avenue SE, Prior Lake, Minnesota 55372
Authorized Work:
Place clean earthen fill and a boulder retaining wall along approximately 190 feet of the shoreline of Prior Lake to
facilitate raising Red Oaks Road in accordance with local flood plain zoning requirements; all as per plans dated
March 23, 1999, and the provisions of this permit.
Purpose of Permit Expiration Date of Permit
Public road improvements to Red Oaks Road November 30, 2000
Property Described tl3:
Lots 40, 41, and 42, Red Oaks, located in the SWl/4, NEl/4, Section 35, Tl15N-R22W, Scott County
Address of Property, if Known: 15341 Red Oaks Road. Prior Lake, MN 55372 I
As Indicated in General Provision No. 11:
The Ordinary High Water Elevation: 904'
, \9c9
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
1. The penaiUee is not released 1iom any NIcs, regulations, requirements, or standards of any applicable federal, state, or local agencies; including. but not 1imited to. the u.s.
Army Corps of Engineers, Board ofWl1J:r and Soil Resources, MN PoUution Control Agency, watershed districts, water managemeut organizations, COUIIly, city and UMDsbip
zoning. This permit does not release the penaiUee of any permit requirements of the St Paul District, u.s. Army Corps of Engineers, Army Corps ofF.ngineen CenIre, 190
Fifth Street East, St Paul, MN 55101-1638.
2. This permit is not assignable by thO penaiUee except with the \Witten coasent of the Commissioner of Natural Resources.
3. The penaiUee sballnotifYthe Area Hydrologist at least five days in lIdvanc:e of the commeoc:ement of the work authorized hereunder and notifY himIher ofits completion within
five days. The Notice ofPermit issued by the Commissioner sba11 be kept securely posted in a COIIIIpic:uous place at the site of operatiom.
4. The permittee sba11111l1b DO <:bangea, without \Witten permission previously obtained 1iom the Commissioner ofNatu1'aI Resources, in the dimensions, capacity, or location
of any items ofworlc authorized hereunder.
5. The penaiUee sba11 gnut __ to the site at aU reasonable times during and after COIIIInIction to authorized tepnlIeIItatives of the Commissioner afNatural Rcsourccs for
inspection of the worlc authorized hereunder.
6. This Permit may be terminated by the Commissioner of Natural RcIourc,:a at any time deemed necesury forthe llOOSCl'Vation ofwater resoun:eI of the state, or in the iDterest
of public health and welfare, or for violation of any of the provisiOlll of this pennit, unIea otherwise provided in the Special ProvisiOlll.
7. CoaIauc:doD work IUtborizecl uoder'this permit sbaIl be completed 00 or before 1Wc specified above. The penDiUee may request m cxt.coaioo of time to complete the project,
stating the reuon 1bereo( upoo written request to the Commissioner of Natural Raources.
8. In all cuea where the permittee by performingthe work authorized by this permit sball involve the taking. using. or damaging of any property rights or intcratI of any other
persoo or penoIII, or of any publicly owned Iands or improvements thereon or intcratI therein, the pel'1llittee, before proceeding. sball obtain the written COOSCIIl of all persons,
ageocia, or authorities coocemed, and sball acquire all property, rights and intcratI needed for the work.
9. This permit is permialive ooly. No liability sball be imposed by the State of Minnesota or any of ita officers, ~ or employees, officially or persooal1y, 00 ICCOUIl1 of the
grantiog hereof or 00 aa:ouut ofany damage to anypersoo or property rauJtingJiom any act or omiaaioo of the penalttee or any ofita agads, employees, or contractors. This
permit sbaIl DOt be COIIIlnIed .. eItopping or Iimiting any legal claims or rigbt of action of any persoo other than the state against the peI'1IIittee, ita agads, employees, or
CCIIItrIdcn, for any damage or UVury rauJting Jiom any sud1 act or omission, or .. estopping or Iimiting any legal c1aim or rigbt of action of the state against the pennlttee,
ita ageoII, employees, or llllIItracton for violalioo of or failure to comply with the permit or applicable provisiOlll oflaw.
10. Ally cxt.coaioo of the surface ofpublic walen resu1ting Jiom wortc authorized by this permit sbaIl become p-oteded walen and left open and unoblIIructedforuac by the public.
11. No material excavated by authority of this permit nor materia1Jiom any other source, except.. specified herein, sball be pW:ed 00 anyportioo of the bed ofsaid waters which
lies below (.. indicated above.)
12. Wberethe work authorized by this permit involves the draining. filling or burning ofwetIands DOt subject to DNRjuriadiction, the permittee sbaIlDOt iDitiate any work. IIIIder
this permit uutilthe penalttee bas obtained official approval from the respoosible govemmeotaI unit .. required by the Minnesota Wetlands CooserwUoo Al:t of 1991.
SPECIAL PROVISIONS
1. Erosion control measures sba1l be adequately designed for the site characteristics. They may include staked haybales. diversion
channels, sediment ponds, or sediment fences. They sba1l be installed in accordance with "Protectinl!' Water Oualitv in Urban Areas -
Best Manal!'ement Practices for Minnesota" MPCA, October 1989, prior to commencement and maintained throughout the project.
All exposed soil shall be stabilized as soon as possible and no later than 72 hours after the completion of the project. Topsoil should
be used to re-dress disturbed soil areas and indigenous plant species should be used to revegetate disturbed areas whenever possible.
2. Any work. below the water level sba1l be encircled by a flotation sediment curtain to prevent sediment from being transported beyond
the construction site. This sediment curtain sba1l be constructed and maintained as illustrated on the enclosure entitled "6.6 Flotation
Silt Curtain. " The barrier sba1l be removed upon completion of the work. after the silt has settled.
3. Upon completion of the authorized work, the permittee sba1l submit representative photographs and anyas-built surveys, as appropriate,
of the project area to DNR Metro Region Waters (1200 Warner Road, Sl Paul, MN 5S 106).
4. No activity affecting the bed of the protected water may be conducted between April 1 and Iune 30, to minimi7.e impacts on fish
spawning and migration. If work during this time is essential, it shall be done only upon written approval of the Area Fisheries
Manager, at 612-826-6756.
5. The permittee sba1l monitor all disturbed areas for the presence of purple loosestrife and control the plant as described in the enclosed
pamphlet titled Purole Loosestrife Alert The DNR aquatic plant manager should be contacted at 651-772-7950 for permit needs and
additional information.
c: U.S. Army Corps of Engineers, Gary Elftmann
Scott County Soil and Water Conservation District, Pete Beckius
City of Prior Lake, Ienni Tovar /
City of Prior Lake, Sue McDermott
Prior LakelSpring Lake Watershed District
DNR Conservation Officer, Scott Carlson
DNR Fisheries, Daryl Ellison
DNR Wildlife, Diana Regenscheid
Central Waters, Ron Anderson
Prior Lake (70-26) File
Protected Waters Permit File #99-6010
uthorized Signature
Title
ate
LJJ~
Dale E. Homuth
~ ~ 7/ )971
Correspondence
L:\TEMPLA TE\FILEINFO.DOC
HHI
HILLCREST HOMES, INC.
14122 Louisiana Ave., Savage, Minnesota 55378
(612) 898-7663 Office (612) 898-3364 Fax
.~ Builder Driven By Quality Craftsmanship and Value."
February 29, 1999
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
Re: Resolution 98-XX
Dear Planning Dept.
On April 6, 1998 the city council adopted resolution 98-43 approving an administrative
plat for Hillcrest Homes. The request involved the combination of Lots 40,41 and 42
Red Oaks subdivision into two lots with variances to lot width and lot area. Conditions
of approval for the administrative plat included a "Permit Agreement for Private Use of
Public Property" be executed, that the property owner provide a drainage plan subject to
approval of the City Engineer, and the property owner pay all costs associated with the
drive on public right-of-way.
On December 7, 1998 Resolution 98-XX was passed giving additional options with
regard to the construction of access to lots 40, 41, & 42 Red Oaks. Hillcrest Homes, Inc.
would like to exercise one of those options and enter into a developers agreement for the
construction of Red Oaks road to minimal city standards at our expense. Upon
completion, the road will then be turned over to the City of Prior Lake for permanent
maintenance as a public road.
ard the necessary documentation to implement this process.
Builder License # 20036544. Member of the Builders Association of the Twin Cities
FROM : HILLCREST HOMES INC.
NOV. 16. 1998 7:40AM P 1
PHONE NO. : 612 898 3364
FAX COVER
SHEET
FROM:Chris Deanovic
AT
HILLCREST HOMES INC.
14122 Louisiana A\1el'\ue Sa.va.gl:!, MN 55378 (612) 898~7663 Office (61.2) 898-3.364 Fax
DATE: 11-16-98
TO: City of Prior Lake
A TT: Engineering-Greg
Copy of letter you requested.
TOTAL NUMBER OF PAGES INCLUDING COVER: 2
FROM HILLCREST HOMES INC.
NOV. 16. 1998 7:40AM P 2
PHONE NO. : 612 898 3364
S.ptcmber 23, 1998
Reel Oaks Subdi"illon
Cotlstruction of Private Drive
Hillorcal Homes. Inc:. will be CiOnlitn1ctlns a private drive In the cledlcated roadway for
1.0QeSS to lots 40, 41 &42 Rod Oaks per ,tbe approved plan. In ord.. for them 10 construet
this drivCt they will DCIIICI to match to exllld. Fade. and exlstlna blacktop on Iota 38 "
39.
1. the O'\\IDer oriole 38 6c]9 have .poten 10 1D1ICI'OtJ Homes. Inc. about this piDJ and
matching of gad.. and bladaop, and slve authorization to Hll1c:nlt Home., Inc. 10
match tho Sradcs and blagkcop on lotS 38 A 39 per the padl. pl...1Illd our di,eulllon.
Any diSturbed atcu orlena ~81r. 39 will be reloded lifter ~I'l&trucdon oftha private drive
has bccnoompleted. If;'.. c./It,Q,.. N'",,,,,.s #fIUI,r,o~~; .r~L ~~~
.,t. 1!...At-~ ~ ;fN;&nNlJe.. ''''''''-4, P~'I&13 _It- (lfNIIPlr_~J
J!,q-~ wIVe ~ rllN//. "'.~ J!6.,/t:I,eu "'1~6'P ~ pc.
IT' ~ 1JitfC ~~~ ".NII/f),
~
.
t1.,IlI.J /I? IJtI"h6t'~<:.
HHI
HILLCREST HOMES, INC.
14122 Louisiana Ave., Savage, Minnesota 55378
(612) 898-7663 Office (612) 898-3364 Fax
NUV 4 1998
'~ Builder Driven By Quality Craftsmanship and Value."
November 4, 1998
Jenny Tovar
Planning Dept.
City of Prior Lake
16200 Eagle Creek Avenue S.B.
Prior Lake, MN 55372
Dear Jenny:
I am writing to request a change to resolution 98-43. One requirement of that resolution
was as follows:
1. A "Permit Agreement For Private Use of Public Property" be executed and recorded
for the construction of a private drive on the publicly dedicated roadway.
We would like to remove this requirement, and instead working with engineering build
the roadway to the minimum city standard of20' in width(see drawing) and then have the
city assume the responsibility of maintenance. Our reasoning is as follows:
· "Permit Agreement For Private Use of Public Property" would be a document that is
filed against the property. This would cause a cloud of title and would surface every
time the property changes hands.
· This agreement also calls for the maintenance & upkeep of the entire roadway
forever to be the sole responsibility of the owners of lot 40 & part of 41 and lot 42 &
part of 41, even though the adjacent neighbor on lots 38 & 39 will have use of the
roadway. This is inequitable and gives the owner oflots 38 & 39 license to overuse
or damage the roadway and have no responsibility for its correction.
· "Permit Agreement For Private Use of Public Property" also requires the owners of
lot 40 & part of 41 and lot 42 & part of 41 to carry additional liability insurance over
and above what a typical owner would have. This is excessive and would decrease
the salability of these lots.
Builder License # 20036544. Member of the Builders Association of the Twin Cities
· The 20' width would provide a better fit into the city portion of the sand trap at the
one end of the roadway. This would allow for a better transition from the current
roadway to this new section of roadway.
I have enclosed a copy of plans that illustrate the 20' roadway. I have also spoken to the
DNR regarding the shoreline reconstruction required to build the roadway. If need be,
you can contact Pat Lynch. He requested that we re-file our application for permit, rather
than amend the current permit. If you have any questions, or need additional information
please give me a call.
our attention to this matter.
~~
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CONSOLIDATED SERVICE
TEL:612 941 6983
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Consolidated Services, Inc.
Corporate Headquarters
10125 Crosstown Circle #230
Edel1 Prairie, Minnesota 55344
612-941-0149
Fax. (612) 941-6983
To:
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Date Sent: 9/16/7g._.
Total # of pages
~~~~
Messages:
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If you have any questions regarding transmission, or you did
not rec::!ive the correct .it of pages .shown above, ,oall 91J-0149.
S E P. - I 6' 9 8 (WE D : I !i : 4 6
CONSOLiDATED SERViCE
TEL:612 941 6983
D. ~. n ...
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September 16, 1998
Sue McDermott, Engineering Dept.
City of Prior Lake
16200 Eagle Cre~k Avenue
Prior Lake, MN 55372
Subject~ Red Oaks Addition; Proposed Access Road
Dear Ms. McDermott:
In 1974, I purchased and developed lots 38 & 39 iD the Red
Oaks Addition. At that time I ~as within the City, County
and State Ordinances, and at one time was granted a variance
to save trees, Presently, there is a proposal to develcp
the public easement for the purpose of a private road. This
property has been sitting donnant since it was donated to the
city in 1938. The proposed road abuts my property and will
have a definite and significant impact on my property. The
building of this road creates the possibility of flooding to
my property. It is my understanding that the city or devel-
oper and/or any future owners of the adjacent property will
provide flood insurance for my property in the event the
drainage system fails.
It is my understanding that the following conditions exist:
1) The proposed road is to be 12 ft. wide on top of the
20 ft. 'easement.
2) This 12 ft. top is co start at the far side of the 20
ft. easement (farthest point from my property) .
3) There will be a gradual flow of this road adjoining my
property.
4) Existing tar will be removed and tar and sod will be
replaced where ever needed. Any additional damage to
my propercy will be repaired without objection.
SEP. -16' 98l\\'EDI 10:46
CONSOLIDATED SERVICE
TEL:612 941 69~3
p, 003
Page 2
Attn: Sue McDermott, Engineering Dept.
Subject: Red Oaks Addition; Proposed Access Road
5) I and any future o~ners of this property will be granted
~ perpetual easement and right to use,this road, if we.so
desire, a:c no cost for taxes, maintenance or a.ny costs
associated "lith 1:.his road. This easement will be draft-
ed, executed amd recorded at the expense of the developer
or t.he city.
Please let me know if we are of the same understanding on
this issue.
Sincerely,
S.fiC~
JAF/krk
.'
Minnesota Department of Natural Resources
DNR Waters - 1200 Warner Road, St. Paul, MN 55106-6793
Telephone: (651) 772-7910 Fax: (651) 772-7977
September 4, 1998
/ \
'~L
1
1
L
1.-/'
Chris Deanovic
Hillcrest Homes Inc.
14122 Louisiana Avenue
Savage, MN 55378
SEP
9911
i
_J
RE: PERMIT #99-6010, RETAINING WALL, LOWER PRIOR LAKE (70-26P), CITY OF
PRIOR LAKE, SCOTT COUNTY
Dear Mr. Deanovic:
Enclosed is Protected Waters Permit #99-6010, which authorizes the construction of a concrete block
retaining wall and the placement of natural rock rip-rap in the bed of Prior Lake to facilitate the
improvement of Red Oaks Road.
Please read the General and Special Provisions of the permit, particularly those relating to erosion
control (1 & 2), excavated material storage (4), and purple loosestrife monitoring (7). In addition,
please submit an erosion and sediment control plan and implementation schedule prior to construction
as referenced in the July 29, 1998 letter to Pat Lynch (carbon copied to you) from the Scott County.
Soil and Water Conservation District.
Please contact Area Hydrologist Pat Lynch at (651) 772-7910 if you have any questions.
Sincerely,
O~~
Dale E. Homuth
Regional Hydrologist
Enclosure
c: City of Prior Lake, Jenni Tovar /"
City of Prior Lake, Lani Leichty
Prior Lake - Spring Lake Watershed District
Scott County Soil & Water Conservation District, Pete Beckius
U.S. Army Corps of Engineers, Gary Elftmann
DNR Conservation Officer, Scott Carlson
DNR Wildlife, Diana Regenscheid
DNR Fisheries, Daryl Ellison
Central Waters, Ron Anderson
Lower Prior Lake (70-26P) File
DNR Information: 612-296-6157, 1-800-766-6000 . TTY: 612-296-5484, 1-800-657-3929
An E4ual Opportunity Employer
Who Values Diversity
ft Printed on RCL'Yl'kd Paper Containing <.l
'-.I Minimum or I O~t Post.COI1SUIllCr Waste:
/
"
Permit Number
...
NA-ll2733-05
REGION 6
REV. 31M
PROTECTED WATERS
PERMIT
99-6010
Department of
Natural Reseul'ftll
Division of
, !
Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and infonnation contained in the permit application, letters, maps, and plans submitted by the
applicant and other suooortinl! data, all of which are made a oart hereofbv reference, PERMISSION IS HEREBY GRANTED to the aDolicant to oerfonn the work as authorized below:
Protected Water County
Lower Prior Lake (70-26P) Scott
Name o/Permittee Telephone Number (include Area Code)
Hillcrest Homes Inc., Attn: Chris Deanovic (612) 898-7663
Address (No. & Street. RFD, Box No. City, State, Zip Code)
14122 Louisiana Avenue, Savage, Minnesota 55378
Authorized Work:
Construction of a concrete block retaining wall and placement of natural rock rip-rap along approximately 90 feet of shoreline
to facilitate improvements to Red Oaks Road as depicted on plans for Red Oaks Addition, revised June 5, 1998.
Purpose of Permit Expiration Date of Permit
Road Improvement/Stabilization June 30, 1999
Property Described as:
SW1J4, NEVz, Section 35, T115N-R22W, Scott County
Address of Property, if Known:
As Indicated in General Provision No. 11:
Ordinary High Water Elevation 904.0 feet (NGVD, 1929)
This permit is granted subject to the following GENERAL and SPECIAL PROVISIONS:
GENERAL PROVISIONS
1. 'The pemlittee is not released from any rules. regulations, requirements. or standards of any applicable federal, state, or local agencies; including, but not limited to, the U.s.
Army Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township
zoning. Thispennit does not release the penllittee of any pemlit requirements of the St Paul District, U.s. Army Corps of Engineers, Army Corps of Engineers Centre, 190
Fifth Street East, St. Paul, MN 55101-1638.
2. This pennit is not assignable by the pemuttee except with the written consent of the Commissioner of Natural Resources.
3. 'The pemlittee shall notifY the Area Hydrologist at least five days in advance of the commencement of the work authorized hereunder and notil)r him/her of its completion within
five days. The Notice of Pennit issued by the Commissioner shall be kept securely posted in a conspicuous place at the site of operations.
4. 'The pemlittee shall make no changes. without written pemlission previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity, or location
of any items of work authorized hereunder.
5. The pemlittee shall grant access to the site at all reasonable times during and after construction to authorized representatives of the Commissioner of Natural Resources for
inspection of the work authorized hereunder.
6. This Pennit may be tenninated by the Conunissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the interest
of public health and welfare, or for violation of any of the provisions of this pennit, unless otherwise provided in the Special Provisions.
7. Con...uuctioo work authorized W1der this pennit shall be completed on or bel,lre date specitied above. The pemuttee may request an extension of time to complete the project
stating the reason thereof, upon written request to the Conunissioner of Natural Resources.
'.
8. In all cases ~ the pennittee by perfonning the work authorized by this permit shall involve the taking. using, or damaging of any property rights or interests of any other
person or persons, or of any pub1ic:\y owned lands or improvements thereon or interests therein. the pennittee, before proceeding, shall obtain the written consent of all pefsOnS.
agencies. or authorities concerned. and shall acquire all property, rights and interests needed for the work.
9. This permit is permissive only. No liability shall be imposed by the State of MiMesota or any flf its officers. agents or employees, officially or personally, on account of the
granting hereof or on aa:owK of any damage to any person or property resulting from any act or omission of the pemuttee or any of its agents, employees, or contractors. This
permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the pennittee, its agents, employees, or
COlIIradors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the pemlittee.
its agents, employees, or contractors for violation of or failure to comply with the permit or applicable provisions of law.
10. Any exlilmion of the surface of public waters resulting from work authorized by this permit shall become protected waters and left open and unobstructed for use by the public.
11. No material excavated by authority of this permit nor material from any other source, except as specified herein, shall be placed on any portion of the bed of said waters which
lies below (as indicated above.)
12. Where the work authorized by this permit involves the draining, filling or burning of wetlands not subject to DNR jurisdiction. the pennittee shall not initiate any work under
this permit until the pemuttee has obtained official aPProval from the responsible governmental unit as required by the MiMesota Wetlands Conservation Act of 1991.
SPECIAL PROVISIONS
I. Erosion control measures shall be adequately designed for the site characteristics. They may include staked haybales, diversion channels,
sediment ponds, or sediment fences. They shall be installed in accordance with "Protectin~ Water Ouality in Urban Areas - Best Management
Practices for Minnesota" MPCA, October 1989, prior to commencement and maintained throughout the project. All exposed soil shall be
stabilized as soon as possible and no later than 72 hours after the completion of the project. Topsoil should be used to re-dress disturbed
soil areas ana indigenous plant species should be used to revegetate disturbed areas whenever possible.
2. Any work below the water level shaH be encircled by a tlotation sediment curtain to prevent sediment from being transported beyond the
construction site. This sediment curtain shall be constructed and maintained as illustrated on the attachment entitled "6.6 Flotation Silt
Curtain." The barrier shall be removed upon completion of the work after the silt has settled.
3. Upon completion of the authorized work, the permittee shall submit representative photographs and any as-built surveys, as appropriate, 01
the project area to DNR Metro Region Waters (1200 Warner Road, St. Paul, MN 55106).
4. Excavated materials must be deposited or stored in an upland area, in a manner where the materials will not be redeposited into the protected
water by reasonably expected high water or runoff.
5. Excavated material shall not be permanently placed within community designated tload plain areas or shoreland areas, unless all necessary
local permits and approvals have been obtained.
6. No activity affecting the bed of the protected water may be conducted between April 1 and June 30, to minimize impacts on fish spawning
and migration. Ifwork during this time is essential, it shall be done only upon written approval of the Area Fisheries Manager, at 651-772-
7950.
7. The permittee shall monitor all disturbed areas tor the presence of purple loosestrife and control the plant as described in the attached
pamphlet titled "Purple Loosestrife Alert". The DNR aquatic plant manager should be contacted at 772-7950 for permit needs and additional
information.
c: City of Prior Lake, Jenni Tovar
City of Prior Lake, Lani Leichty
Prior Lake - Spring Lake Watershed District
Scott County Soil and Water Conservation District, Pete Beckius
U.S. Army Corps of Engineers, Gary Eltlmann
DNR Conservation Officer, Scott Carlson
DNR Wildlife, Diana Regenscheid
DNR Fisheries, Daryl Ellison
Central Waters, Ron Anderson
Lower Prior Lake (70-26P) File
L4uthorized Signature
OJ I/~
Dale E. Homuth
Title
Ipate
7- 7/- 9cfJ
Regional Hydrologist
HHI
~c~cI PufJ;;~0 ~
HILLCREST HOMES, INC. 20
14122 Louisiana Ave., Savage, Minnesota 55378
(612) 898-7663 Office (612) 898-3364 Fax
.~ Builder Driven By Quality Craftsmanship and Value."
July 30, 1998
~o\>
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
Dear Jenny:
I received the permit agreement for private use of public property. In reading this
document it appears that either portions do not apply to our specific situation, or they
seem excessive, and put future homeowners in an awkward situation. I have questions
on the following items:
Item # 3 Termination. If this agreement is terminated as allowed for in this
subsection what happens to the access for our lots? How do the homeowners get to their
property?
Item #4 Consent to Special Assessment. We understand that special assessments
may occur, but are not comfortable with waiving our rights to protest any special
assessment. Waiving this right would allow the City to assess at what ever level they
choose.
Item # 7 Insurance. This is excessive, abnormal and could affect the sales of
these lots. The typical homeowner would carry between $300K-$500K ofliability
coverage. To increase to 1M add between $125-$150 per year. More importantly a
potential buyer may shy away from such an atypical situation.
Please forward these items to the city attorney and have her contactlayne Kuhar3~~4
3225 with Kunert, Tambornino and Kuhar to discuss further. If you have any other
qllestions please give me acalJ.
bris Deanovic
President
Builder License # 20036544' Member of the Builders Association of the Twin Cities
July 20, 1998
Mr. Chris Deanovic
Hillcrest Homes, Inc.
14122 Louisiana Avenue
Savage, .MN 55378
SUBJECT: APPLICATION FOR EXCA V ATING/FILLING PERMIT
LOTS 40,41 & 42 RED OAKS ADDITION
. Dear Chris:
The Engineering and Planning Departments have reviewed the subject permit application
and are denying your request for a permit at this time as you have not provided us with
sufficient information. The following information is required both for permit approval
and site work approval:
Gradin!! Plan
1. Limits of bituminous removal must be clearly shown on the plan.
2. Heavy duty silt fence or other suitable erosion control barrier must be installed along
the west side of the property where grading and wall construction is proposed along
the lakeshore. Show silt fence location on the plan and add a symbol to the legend.
3. The symbol for silt fence in the legend appears to be the symbol used for retaining
wall.
4. Add the City to the modification approval on the fourth note under General Notes.
5. Revise the storm sewer pipe call out to read "25' - 12" HDPE @ 2.0%."
6. Add no parking signs along the roadway and a 9-button delineator (Type 1 object
marker) sign at the end of the driveway.
Detail Sheet
1. The pavement section detail should not show proposed paving on existing bituminous
- only on compacted subgrade. Revise note accordingly.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
G:\PROJECTS\1998\39REDLOTIREVlEW2.DOC
AN EQUAL OPPORTUNIlY EMPLOYER
2. Provide design calculations for the pavement section and delete the note that reads
"The fmal section to be determined by the soils engineer and directed by the City
Engineer."
,3. Revise pavement section detail note to 6" class V 0,00% crushed limestone).
4. Remove the note on the retaining wall railing height that states per City code. The
height should be equal to that of a standard guard rail.
5. Typical section "C-C" shows grading being done beyond the easement. Provide a
copy of your agreement with the property owner allowing this work to be done. In
addition, you are changing the conditions on the driveway entrance (Section "B-B").
Is the property owner agreeable to this change?
~
f
I have also attached a copy of Resolution 98-43 approving the administrative plat for the
combination of Lots 40, 41, and 42. The conditions 1, 2, 4, and 5 must be completed
prior to any approvals.
If you have any questions, call me at 447-9832.
Sincerely,
Jl" ~01~{t
Sue McDermott, P .E.
Assistant City Engineer
City of Prior Lake
cc: T~lIn I 1 U J__V"
G:\PROJECfSI1998\39REDLOliREVIEW2.DOC
RESOLUTION 98-43
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL APPROVING THE
ADMINISTRATIVE PLAT REQUEST OF HILLCREST HOMES
MOTION BY: KEDROWSKI SECOND BY; . PETERSEN
.
WHEREAS: notice of the said ,administrative plat has been duly published and posted in
accordance with the applicable Minnesota Statutes and Prior Lake Ordinances;
and
WHEREAS: all persons interested in this issue were afforded the opportunity to present their
views and objections related to the administrative plat for the record at the City
Council hearing; and
WHEREAS: the City Council has reviewed the administrative plat according to the
applicable provisions of the Prior Lake Zoning and Subdivision Ordinances and
found said plat to be consistent with the provisions of said ordinances; and
WHEREAS the Prior Lake City Council considered an application for administrative plat
approval of Lots40, 41 and 42, Red Oaks as described in Exhibit A (attached),
for Hillcrest Homes on April 6, 1998.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PRIOR LAKE, MINNESOTA, that it hereby approves the administrative plat for
the <:ombination of Lots 40, 41 and 42 Red Oaks into two lots as described and shown in attached
Exhibit A (survey) with the following conditions:
~A "Permit Agreement For Private use of Public Property" be executed and recorded for the
construction of a private drive on the publicly dedicated roadway.
fGJ A separate grading permit will be required for construction of the driveway. A tree
preservation plan will be required as part of this permit. '.
01(-3.
The existing structure on Lot 41 must be removed prior to City approval of the warranty
deeds for the new lots such that the structures is not located on two separate lots.
()
Five foot drainage and utility easements be granted along the interior lot lines. This must be
shown on a revised survey and a legal description drafted and appropriate documentation
recorded.
.I. ,...r:\coul'Jcif\rew1uti\plCJ.Qres\rs98:-043.doc . . . . . . . P.aOA j
Iv200 t:.agle ueeK Ave. ;:).t:.., Pnor LaKe, Mmnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6L:.:rZl47-4245
AN EQUAL OPPORTUNITY E1\1PLOYER
1~
([) Developer to provide a drainage plan for proposed access driveway that addresses impact of
the proposed drive upon the drainage of Lots 38 and 39, subject to approval of City
Engineer, and will pay all costs associated with the drive on public right-of-way. Therewill
be no parking allowed on the access road and the. developer will install "No. Parking" signs
on the access drive.
O~-6.
This proposed administrative subdivision is to be reviewed by the Fire Chief and is subject
to his recommendations and approval.
Passed and adopted this 6thday of April, 1998.
~
YES NO
Mader Mader X
Kedrowski X Kedrowski
Petersen X Petersen
Schenck X Schenck
Wuellner elm,
{Seal}
r:\council\resoluti\planres\rs98-043.doc
Page 2
4
CITY OF PRIOR LAKE
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
FAX # 447-4245 - TELEPHONE # (612) 447-4230
FAX COVER SHEET
DATE: 1-- c7D~96"
TO: CJ~ ~1'1{)vrG
FROM: ,J~~ '/ovttrL
SUBJECT: A ~
TIME: q: ~<s-
FAX#: ~'1 ~ - '3 3&1
MESSAGE: Ch^~ - flUh()Q C-l~ .~ ~~ .-
Ie. -~'\~ ~ $i~ ~J. ~ro/. ~ciL-. uJL w/ It ~
~.g-r.. ~ Cvv\.dAOfvvn -\0 ~. 4Jr ~.WV~na' ,7-+
~ ~... vJ<2- ~ AL'--\-~fZ ~ l~ A/1 J-
C~j ~J to ~. h ~-t~ ulW f:jtn--J
fA) ov-LJ kJ<.t7. ~ cLo -
Number of Pages Sent (lncluding This Page):
5
.~
PERMIT AGREEMENT FOR
PRIVATE USE OF PUBLIC PROPERTY
TIllS AGREEMENT is made and entered into this day of ,
1998, by and between the CITY OF PRIOR LAKE, Minnesota, a municipal corporation
(hereinafter referred to as "City"), and a private
corporation (hereinafter referred to as "Owner").
RECITALS
WHEREAS, Owner is the fee owner of a tract of land in Scott County,
Minnesota, located at
and legally described as follows:
(hereinafter referred to as "Owner's Property"); and
WHEREAS, the City is the owner of property, legally described as follows:
And
WHEREAS, Owner wishes to use the Permit Property for driveway purposes; and
WHEREAS, Owners have requested the City to authorize continued use of the
Permit Property for driveway purposes; and
WHEREAS, such continued use of the Permit Property is not inconsistent with
current use of the property by the City and the public; and
WHEREAS, the City may in the future desire to use the Permit Property for other
purposes which are not consistent with Owners use of the Permit Property, and therefore
the City intends to retain all its right, title, and interest in the Permit Property;
'.
NOW, THEREFORE, the parties agree as follows:
1. Permit. Owners shall be permitted to use the Permit Property for
driveway purposes at Owner's sole expense and risk, and with full knowledge that the
City may, upon notice as provided herein, require Owner's driveway to be removed from
the Permit Property at any future date, at Owner's sole expense. The Permit Property
must be kept open to public use at all times, and no fence or other obstruction may be
placed on the Permit Property without the prior written approval of the City, which may
be given or withheld in the sole discretion of the City.
2. Maintenance of Permit Property: Modification. Owner shall maintain the
Permit Property in good condition at all times, at their sole cost and expense. If Owner
fails to do so, the City may cause the necessary repair or maintenance to be done at
Owner's cost. If Owner fails to pay for such costs, the City may assess the cost against
Owner's Property.
Owner shall not make any modifications to the driveway or otherwise modify the
permit Property without the prior written approval of the City, which may be given or
withheld in the sole discretion of the City.
3. Termination. In the event the City desires to use the Permit Property for a
purpose which is inconsistent with driveway use by Owner, to be determined at the City's
sole discretion, or in the event Owner fails to comply with any requirement of this
Agreement within sixty (60) days after receiving a notice from the City requesting such
compliance, the City through its City Manager may terminate this Permit Agreement by
giving ninety (90) days written notice of termination to Owner by certified mail at the
following address: 14122 Louisiana Avenue Savage, MN 55378. Such notice may, at
the City's option, require Owner to completely remove the driveway from the Permit
Property within said ninety (90) day notice period, included all debris. If this Permit
Agreement is terminated by the City as provided herein, Owner will be solely responsible
for all costs and expenses related to construction of a driveway which is located on
owner's Property, in accordance with all City Ordinances.
If Owner fails to remove driveway as required by a proper notice of termination,
the City may cause the removal to be done and the costs of such work shall be paid by
Owner. If Owner fails to pay the City for such costs, the City may assess the costs
against the Owner's Property.
4. Consent to Special Assessment. Owner hereby acknowledges and
consents to the City's right to specially assess any costs incurred by the City for any
repair or maintenance performed pursuant to paragraph 2 of this Permit Agreement or
any costs incurred by the City to remove Owner's driveway from the Permit Property
pursuant to Paragraph 3 of this Permit Agreement. Owner waives any right to protest or
appeal any special assessment levied pursuant to the Permit Agreement.
5. Future Development. Owner understands and acknowledges that the City
may utilize the Permit Property at some future date and in the sole discretion of the City.
In the event the City undertakes such development, and if this Permit Agreement is not
terminated by the City as provided above, Owner agrees to cooperate with the City as
necessary to facilitate City's use of the Permit Property, and the City agrees to use its best
efforts to accommodate Owner's use of the Permit Property for the purposes stated
herein.
6. Indemnity. Owner shall defend, indemnify, and hold harmless the City
and its employees, subcontractors, attorneys, agents, and representatives from and against
all claims, damages, losses, costs and expenses, including attorney's fees, which may be
incurred by or asserted against the City or for which the City may be held liable, which
arise out of or result from use of the Permit Property for driveway purposes, including but
not limited to the maintenance, repair, or removal of Owner's driveway, except liability
caused solely by the negligence of the City.
7. Insurance. As long as this Permit Agreement is in existence, Owner shall
maintain a general liability insurance policy which provides coverage for the Permit
Property for any damage to property of others or injuries to persons. Said insurance
policy shall provide coverage on an occurrence basis in an amount no less that One
Million dollars ($1,000,000.00), and shall include contractual liability coverage to
provide coverage for the indemnification provision in Paragraph 6 above. Said policy
shall name the City as an Additional insured, and shall contain a clause which provides
that the insurer will not cancel, non-renew, or materially change the policy without first
giving the City thirty (30) days prior written notice. Owner shall provide the City with a
Certificate of Insurance for said policy, which specifically details the conditions of this
Paragraph 6.
8. Waiver of Claims. Owner acknowledges City's ownership of the Permit
Property and knowingly waivers any and all claims against the City related to Owner's
use of the Permit Property, including but not limited to claims of abandonment and
contractual claims arising out of the Permit Agreement, except any claims which are the
result of the sole negligence or willful misconduct of the City or its employees or agents.
9. Condition of Property. Owner accepts the Permit Property "as is" and the
City makes no warranties regarding the conditions of the Permit Property or the
suitability of the Permit Property for Owner's Purposes.
10. Binding Effect. This Permit Agreement shall run with the land and shall
be binding on and inure to the benefit of the parties hereto, their heirs, successors, or
aSSIgns.
11. Whole Agreement: Modification. This Permit Agreement contains all the
terms and conditions relating to the permit granted herein, and replaces any oral
agreements or other negotiations between the parties relating to the permit. No
modifications to this Permit Agreement shall be valid until they have placed in writing
and signed by all parties hereto.
12. Recordation. Owner shall cause this Permit Agreement to be recorded in
the Office of the Scott County Recorder at their cost and expense.
IN WITNESS WHEREOF, the parties have executed this Permit Agreement as of
the date first above written.
CITY OF PRIOR LAKE
OWNER(S)
By:
Wesley Mader, Mayor
By:
Frank: Boyles, City Manager
STATEOFMINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1998, by Wesley Mader and Frank Boyles, the Mayor and City Manager
respectively of the City of Prior Lake, on behalf of the City of Prior Lake through
authority granted by its City Council.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF )
The foregoing instrument was acknowledges before me this day of
, 1998, by and the
and , respectively of
, on behalf of the [corporation/partnership}
Notary Public
"'-
'.....
.'
This instrument Drafted By:
Campbell, Knutson, Scott and Fuchs, P,A.
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
(612) 452-5000
JLL 12'99 1121: 06AM HLEMOELLER & BRTES
P.1/3
FAX TRANSMISSION
JlUEMOi:LLER & B.tits ~
16670 Franklin Trail, 10 1) r
Prior Lake, MN SS37~ OD 0 n' ~""LI n .
(612) 447-2131 . \-'-'-"
Fax: (612) 447.5628: ..--J
651..452-5550
10f3
~(~- Ljt1'-'~ '
'-f;- ~ S
To:
Fsx#:
Suesan L. Pace, Esq.
Date:
Pages:
July 12, 1999
From: Bryce D. HuemoeUet
Subject: Red Oaks Addition
CONF/lJENrWJTY NOTICE: Th~ tltJCflM,xt(S) accomplJrryi1ctr this Ita ~/ll/n t:IRI[l/ikmial i1Ifomv.u.ion whir;;h is I~GlZy
prillillfB,tJ. ru iriformtlliDlI is i,lfImDed ".,.1)1 ftJr ,,,. "St: of me illCtlntUtl r'cfJial. 1/'011"'" Mr rht iIIlended rl!lcipie'll,
YOll are At/,,,,,, ttDlified rh8c ClPry disdoSJ#'~. ctJpyi;tg, .liSlfibllrion: Dr the fa(cill.g of IIIIJlI%&I'o" ill re"(UlcfI on 1M &rmle7llS rd
1I1t1 relet:t:lp'ed b{QT7T14tiQ1J 6cep' as d;ri!a deli"ery M tllll illll1lded recipill7l1 namai .'UtI i1 st7ietly prohlbllfItJ, ~Y""
htZve rftcei\JM thb /Q in el'rOT, please lIDlifJ us hMIfldit2Jfll)' l1)I ,lfZ"ph"."e ItJ rJTTrJ7If{1I f07 reUUB of rhe orirmal docr/.'Pl.IUS
~~ '
COM:MENTS:
The permit review form is attached for your ~nformatiOD.
"
.
BDH:dw
"001600 ~
Nos~nN~ 113adNVJ
OSSS ZS" lS9 XVd RC:01 661Z1/LO
,.
. " JUL 12 '99 10: 1216AM HUEMOELLER & EATES
P.2/3
PRIOR LAKE-SP~G LAI(.E WATE:JSIIED DISTRICT
PERMIT REV1'.EW :
July 51, 1999
Applicant:
.Permit ADDlic:ation No. 99-0S:
Red Oaks Addition
Agent;
Rf:commen&tion:
Locatio,,;
Pwposr::
Exllibil5;
Findings:
too/coo ~
Chris Deanoyic
P.O Box 456
Nor Lake, MN 55372
Phone: (612) 89a 7663
R-yan .E~gin.ering
Eden Prairie. MN
Phone: (612) 9479100
"
.,".,
I.,.
.-
Approve:
1.
Cash surety OJ letter of credit in amouft of S1ooo.
j
SE 1/4 cfthe NE 114 of Section 35, T.91DShip 114. Range 22
(At the end. of Red Oaks Aoad ilardi of Lak.r:th:Jnt Park).
Approval of a Land Development PlaZi for a single :family residCDlial
development riparian to Prior Lake to):le known as Red Oaks. 21015, .65 :t
lIOns.
1.
Permit ApplicatioJ:l dated April 14, 19P9, re~i'Ved. Aprill6, 1~99.
Preliminary Site Concept and Gmdin~Plan prepared by ~ Engin~ ,
revised June 2, 1999, received March 'IS, 1999.
MN' DNR. Pr1;!tect.d. Waters Permit Pu.Uc Raa.d I""p~ts TO Red Oaks
Road dated May 27, 1999, received Jufte 2, 1999.
2.
3.
4.
MemorandUrtl nOM Pi9tricr AUoftlc:y rt3garding Application ofDisttict Rule D
to Red Oaks Addition dated. Ium: S, 1999.
Suppl,cmental letter from Applicant dated June I, :received June 2, 1999,
Proposed. PlOject W/iS tabled at the Ma~ 6. 1999 Board meeting for lSSIl8
rc1a.tlng to floodplain alteration and Erosion and Sediment COn'a'oL
Proposed projea entails subdivision otis. .65 :I:. aae parcel into 2 lots. One lot
oonSists at .2Sj: acres and one lor with .41: ac:n:s.
5.
1.
2.
Proposed ,fLJ.bdiviBion and. acatiDll of~dwaY lU"e bordered by fuor Lake on
north, west, and cast sides. Proposed ans include :611 below floodplain in the
amount 0[400 cu.bic yards to btJng e~ ting grade to proposed finish gnde to
momt State and Federal Standarch. A r&taining 'Or8U will be emplOyed. on west
side afroadway. Riprap will be pla~at the,toe of the wall. The l\1N' DNR
has appft'ved. floecipJain fill.
I
NOSUlNX 113adWVJ
osss zst lS9 XVd 8C:01 66/Z1/LO
.... ";' JUL 12 ' 99 H:l: 1?J6~M HUEMOELLER & BRTES
P.3/3
Pennit ADDlk:ation No. 99~05; Red ~ Addition
Page 2,
2.
"
3.
District Rate awJ Water Quali1y rcqpiMalCnts are not an issue beoause a[
lil:n.itecl. sr;:Qpe aDd. negligible iDcrea, in 1111penious sma.. A catch basin sump
will be utilized to provide BOIDC ~~ of water qna1ity treaunem of roadway
1'UJ1Off before discharge to Prior ~
The fiI$I: tloor of proposed homes a. to be at least one above lOO-ycar flood.
elavation. After consultation with t'$strict Attamey it bas bCQOIDe apparent th<rt
the City ofl'rior Lake's Lake AO~ain regulates the first :l1oor elevatioD.
A satisfactory Erosion and SedUacllt': Con(101 Plan bas been subn'litted.
4,
s,
A Preliminmy Plat with satisPa.cro~ form and description granting pending,
and nowagc easements oVSt bydrolo$ie f'earures bas been submitted,
Board Action:
I
!
too/too ~
Nos~nNX 113adRV~
OSSS 6St lS9 XVd 8C:01 66/61/LO
June 23, 1998
City of Prior Lake
Attn: Jenni Tovar
16200 Eagle Creek Ave
Prior Lake, MN 55372
Dear Jenni:
I have reviewed the Hillcrest Homes proposal for Lots 40, 41 and 42, Red Oaks and
approve the plans. The road is accessible and meets our needs from the Fire
Department's standpoint.
Att.aChed is the ~~s~ad plan.
/J'f-::jlO~7
Dave Chrom( l
Prior Lake Fire Chief .
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
[~~~~~~~~~~
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1111!'11"111!1111111111111,1111!11111
DATE: June 22, 1998
TO: Jenny Tovar, Planner
FROM: Sue McDermott, Assistant City Engine~
RE: Red Oaks Addition - Project #98-39
The Engineering Department has reviewed the site and grading plan for the subject
project and has the following comments.
1. Add a note to the manhole to be raised that dewatering will be required to prevent
water from entering into the sanitary sewer.
-:k'
2. Limits of bituminous removal must be shown on the plan.
3. Show existing sewer and water on the plans, including location, type and size of
pIpe.
4. The catch basin rim must be lower than 906.8. See cross section C-C.
5. The railing detail dimensions should correspond to the dimensions of MnDOT
guardrail (35" min. between the two horizontall'ails).
6. Add a note to the pavement section detail to remove all bituminous within the right of
way and on City property prior to construction of the new driveway.
7. Show a 4:1 maximum side slope on typical street section A-A and B-B. Some of the
slopes shown are steeper than 4: 1 or 5% as shown on the section C-C.
8. Show the 20 foot roadway easement in the cross-sections. Some of the work appears
to be out of the easement. An easement will be necessary to construct the work as
shown.
9. Show existing profiles beyond the match points in the cross-sections.
g:\projects\I 998\39redIot\review I.doc
Minnesota Department of Natural Resources
DNR Waters, 1200 Warner Road, St. Paul, MN 55106
Telephone: (612) 772-7910 Fax.: (612) 772-7977
June 19, 1998
Mr. Chris Deanovic
Hillcrest Homes, Inc.
14122 Louisiana Avenue
Savage, Minnesota 55378
RE: LOTS 40, 41, & 42, RED OAKS ADDITION, PRIOR LAKE, SCOTT COUNTY
Dear Mr. Deanovic:
I have received your June 11, 1998 letter and drawing regarding your Red Oaks project in Prior Lake. As we
discussed both on site and during our phone conversation yesterday, work below the ordinary high water elevation
(OHW) requires a permit from this office. The OHW for Prior Lake is 904.0'.
Because a small portion of your proposed retaining wall will encroach below the 904.0' elevation, it will require
a permit I dropped a set of application materials in the mail to you yesterday. Please complete the application and
retwn them to me, along with the appropriate fee and seven copies of the plan sheet (reduced copies are acceptable.
Upon receipt of the completed application, I will begin the formal permit review and evaluation process.
Please call me at 772-7910 if you have any questions.
Patrick 1. Lynch II
Area Hydrologist
c: Jenni Tovar, City of Prior Lake /'
JefIEvans, City of Prior Lake
DNR Information: 612-296-6157.1-800-766-6000 . TTY: 612-296-5484.1-800-657-3929
An Equal Opportunity Employer
Who Values Diversity
ft Printed on RCL:ydcu Paper Containing a
'-;I Minimum of l()l/~ Post.Consulllcr Waste
-- ......
fJ
May 15,1998
Chris Deanovic
14122 Louisiana Avenue
Savage, MN 55378
RE: Recording of Approved Variances
Dear Chris:
On May 7, 1998 the Planning Department received your request for a 30 day
extension to file Resolution 98-43 (Administrative Plat). The resolution or City
Ordinance does not state a specific recording time. Due to the extenuating
circumstance, tour request has been approved. The resolution must be recorded
by July 3, 1998.
Resolution 98-44 approving the related variances must be recorded by June 4,
1998. City Ordinance requires variance resolutions to be recorded within 60
days of approval. You can ask for an extension of time from the City Council. If
you choose to do so, please notify me in writing by Thursday, May 21, 1998.
If you have any questions about this matter, please contact me at 447-4230.
Sincerely,
~.j~
Planner
1:\98files\98adRlat\98-033\recdlet2.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
-~
~ od Cnusu:J H~
S-/4(CJS
.
May I, 1998
Wes Mader, Mayor
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
Re: Subdivision of Lots 40, 41 & 42
Dear Mr. Mader:
The purpose of my letter is to make you aware of the strong
opposition to the Subdivision of Lots 40, 41 & 42 for Hill-
crest Homes recently passed by the City Council subject to
the approval of the Fire Chief. The Fire Chief states that
he cannot make a decision on this matter without an Engi-
neering Report. I am told that the Engineering Department
will be reviewing the site. If after reviewing the Engi-
neer's Report, the Fire Chief approves the Subdivision,
the City Council stated that Hillcrest Homes must work with
me regarding changes to the existing road. My question is
"Who will have final say regarding the approval of the pro-
posed new road?"
I have had discussions with many of the neighbors regarding
this Subdivision, and the main objection is the safety issue
due to the narrowing of Red Oaks Road and the 20 ft. access
road being proposed. The enclosed is a list of property
owners in the neighborhood who oppose the Subdivision.
Any consideration you might give to this matter will be
greatly appreciated.
Sincerely, _ _
~~ ~;/
r"'/Jim Feick
~ 15363 Red Oaks Road
Prior Lake, MN 55372
cc: Frank Boyles, City Manager
Engineering Department
Planning & zoning Department
~ tlliA. V\.bV lC
14( d-.d-. L.oU.1 ~ Av
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{l~
1. OBJECT TO THE ~DIVISION OF LOTS ~ 41 ~ 42 IN THE
"RED OAKS ADDITION". . . . .
--
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Address /.sc..j.() / ~€.]) t'J1t/<:"S J'(j)
(J/).,'bll LA/c..S MJJ
Telephone 1../ L/ 7-6 7b7
Comments
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Address Iryq / Jfe.) CJj)~ t8:J
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Telephone '1ifl 1927
Comments t-u,vl) LiKe -fo S-;ce OJU).j 6 Ju a...
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Telephone Y Lf ? - J..I Q.+-7
Comments ~o <.,'('(\0120 \.~r
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MAY 1998
I
o THE l~DIVISION OF LOTS ~ 41 ~ 42 IN THE
Telephone f# ';7 - 1/ fZ-3
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1. OBJECT TO THE ~DIVISION OF LOTS ~ 41 ~ 42 IN THE
"RED OAKS ADDITIONII.....
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Address ~7~ 9 A I/{, 'All c..'
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Address/S C/..?~ tCrelJ Ofl./C-S J(cI
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MAY 1998
f.~
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"RED OAKS ADDITION". . . . .
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Address \0QLV <&!..eJf'&cn\(~ .~l2*+~
=PQ((~K:e fhD
TelePhoneblG.--44a ., o,~
Comments
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Address /<t~92 CIlI212/4t;.C LA-A/Lr A/C
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Comments
MAY 1998
1. OBJECT TO THE iJsDIVISION OF LOTS ~ 41 ~ 42 IN THE
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Address {(/.)/ 0~0LUt90D 77Z.L.
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MAY 1998
tE ,
.! OBJECT TO THE l'HfflDIVISION OF LOTS/O, 41 _' 42 IN THE
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Address 5ol-D'j)"'- / Ii ~-S:; /;< 0' f:/V
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"RED OAKS ADDITION".. . . .
Name~~~Q \kL
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MAY 1998
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2- Name
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Address
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MAY 1998
tJ=
1. OBJECT TO THE ~DIVISION OF LOTS ~ 41 ~ 42 IN THE
"RED OAKS ADDITION".....
--
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Address L{ if 39 0 ~kof-It S 1""" ~ . cc.....
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MAY 1998
E.'-
1. OBJECT !Q TI:lli &mIDIVISION OF LOTS ~ 41 ~ 42 IN THE
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Address
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'2- Name
Telephone
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MAY 1998
1. OBJECT TO THE ~BDIVISION OF LOTS ~ 41 ~ 42 IN THE
"RED OAKS ADDITION". . . . .
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MAY 1998
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1. OBJECT TO THE .s.ooDIVISION OF LOTS ~ 41 !i5. 42 IN THE
"RED OAKS ADDITION". . . . .
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MAY 1998
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1. OBJECT TO THE ~DIVISION OF LOTS ~ 41 ~ 42 IN THE
"RED OAKS ADDITION". . . . .
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MAY 1998
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MAY 1998
1. OBJECT TO THE gDIVISION OF LOTS ~ 41 ~ 42 IN THE
"RED OAKS ADDITION". . . . .
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MAY 1998
~
1. OBJECT TO THE ~DIVISION OF LOTS ~ 41 ~ 42 IN THE
"RED OAKS ADDITION". . . . .
<- Na~ "r 1\....M. F ~
Address \~S' ~ ~ 8- ~ 0 ~ (J.j
Telephone
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Comments L~~~ ~~ ~\...~~~ ~~ ~~V'~. \-Ol\\.CQ,
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April 17, 1998
Chris Oeanovic
14122 Louisiana Avenue
Savage, MN 55378
RE: Administrative Land Subdivision (File #98-033)
Dear Chris:
This letter is to inform you that your application for Administrative Subdivision to
combine Lots 40, 41 and 42 of Red Oaks into two lots, as shown on the attached
survey, has been approved. In order to implement this lot combination, all pertinent
documents must be filed with the Scott County Auditor's Office within sixty (60) days of
the date of this approval letter. Scott County requires all deeds creating new parcels be
approved by the City of Prior Lake before they will be accepted for recording. Please
submit the original deeds to this office, and we will issue the necessary approvals.
Copies of the recorded documents, along with the newly assigned Property Identification
Number (PID) for the new parcel, must then be submitted to the City as evidence that
the administrative land division has been filed.
Please be informed that failure to file this information by June 4, 1998, will void the
approval. If you have questions regarding this matter, contact me at 447-4230.
lcere,y, ~
,~. W//J.. ~(}1/a/1
nniTovar
Planner
1:\98files\98~dp'lat\98-03..3\9.8-033al.dQc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
April 17, 1998
Chris Deanovic
14122 Louisiana Avenue
Savage, MN 55378
RE: Recording of Approved Variances
Dear Chris:
The purpose of this letter is to advise you Resolution #98-44 approving lot width
and lot area for Lots 40, 41 and 42 Red Oaks must be recorded within 60 days of
approval or the variance will be null and void per Section 5-6-6 of City Code.
Enclosed are two certified copies of the original and a copy for yourself. One of
the copies is to be recorded at the Scott County Recorders office by June 4,
1998. The other copy is to be stamped as recorded by the recorders office and
returned to the Planning Department as proof of recording. A building permit for
your proposed structure will not be issued until proof of recording is submitted.
If you have any questions about this matter, please contact me at 447-4230.
Sincerely,
/1;f!4wL A JV1a1
~iferTltf(
Planner
1:\98files\98adplat\98-033\recdlet.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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