HomeMy WebLinkAbout98-058 Admin Plan
FILE COpy
May 11, 1998
Crabtree Builders Inc.
Attn: Dale Nelson
11200 W 78th Street
Eden Prairie, MN 55344
RE: Administrative Land Subdivision (File #98-058)
Dear Dale:
This letter is to inform you that your application to subdivide the two-family dwelling
under construction and the lot at 17544 Sunray Circle, as shown on the attached survey,
has been approved subject to meeting the requirements of City Code Section 5-4-1.1
(attached).
In order to implement this administrative land division, 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 and covenants 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 July 10, 1998, will void the
approval. If you have questions regarding this matter, contact me at 447-4230.
Sincerely,
!1#h1k
l(:n'ni Tovar
Planner
1:\98fil~s\98~dRlat\98-0~8\98-058al.d9C
16200 Eagle Creek Ave. S.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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DESCRIPl'ION PARCEL A:
'l11at part of Lot 3, Block 1, \<<XJDVIEW 2ND AID'N, Scott County, Minnesota lying
northeasterly of the following de.<scribed line:
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CalmenCing at the most easterly cornec of said Lot 3; thence South 51 deg~ 36
minutes 30 secalds West plat bearing, along the southeasterly line. of sa.1~ let 3,
a distance of 36.23 feet to the point of beginning of the line to be deeC:r=:
thence North 32 degreaa 13 minutes 52 seconds West a distanee of 107 ~89.: - -'
thence North 27 degrees 23 minutes 39 sec::alds West a distance of 150.98_~..e1:D. o,~_,",
point'oo tM nocthwe.sterly line of said let 3, distant 15.97 f~ ~1Y'_"'':\:
- of the IIDSt northerly corner of said lot 3, and there terlllinadrig~':L"':,,"':;';::'::: 'i~.::;;; .
, '. ~....: .-\t)l<{S.~': /;,.~:~t~~.".,
. Containing 7 ,429 sq. ft.
DESCRIPl'ION PARCEL B:
ORIGINAL
IC8ep In File
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Applicable Ordinance Section(s):
Applicant(s):
Address: I \.
Home Phone:
Property Owner(s) [If different from Applicants]: S c'--\tv\. ~
Address: 1"1$'-/' ~Vr\.""'i / J' .~
Home Phone: ' Work Phone!
Type of Ownership: Fee ~ Contract for Deed _ Purchase Agreement
Legal Description of Property (Attach a copy if there is not ~nough space on this sheet):
Lv-\ ~ \ ~l\)0l,- \ W~~U-:-(.,W ;,}.__d ~J~L..\-l~i-'
To the best of my knowledge the information prodded in this application and other material submitted is correct. In
addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that
a kollon, wUl n~~ p:~c'f'ed .nlii deemed complete by Ihe Planning Director or assignee.
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s Signature "" ~"-'\~ '\~. J:-l..<..-' Date
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Fee Owner' ignature Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director or Designee
Date
$ 35 {JOD
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVE SE
PRIOR LAKE, MN 55372
(612) 447-4230, (612) 447-4245
RECEIPT # 32432
DATE: LfJdOJq'g
Received of
the sum of
for the purpose of
BUILDING PERMIT #
BUILDING PERMIT #
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
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
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" PAY
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ORDER OF
CRABTREE BUILDERS, INC.
11:ilgg "I. 7STII ST. PI!. a IL ~~J OMT
EDEN PRAIRIE, MN 55344
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NOTICE OF PROPOSED ADMINISTRATIVE LAND DIVISION
April 27, 1998
The Prior Lake Planning Department has received an application from Crabtree Builders
to consider an Administrative Land Division for a two-family dwelling and property
commonly known as 17544 Sunray Circle described as follows:
Lot 3, Block 1, Woodview 2nd Addition, Scott County, Minnesota.
The proposal is to divide the lot as shown (with common party wall between the two
units) on the attached survey reduction.
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 !1!l.
written obiection received within ten davs followinc notification.
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.
A copy of the Administrative Land Division is attached. Furthermore, Section 5-4-1.1 of
the Zoning Ordinance states:
The minimum lot size and side yard requirements of Section 5-4-1 of the City Code
and Sections 4.1 and 4.2 of the Zoning Ordinance may be waived by the Director of
Planning if a lot containing a two-family dwelling unit is to be subdivided into two (2)
lots and will meet all of the follOWing requirements: a) a common wall shared by the
two (2) lots is located in its entirety on the boundary line separating the two (2) lots;
I: \9 8 files\9 8 adplat\9 8-05 8 \9 8 -0 5 8pn. doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
b) said common wall meets the standards of the Building Code for owner-occupied
units and any other applicable codes adopted or to be enforced by the City; c) a
covenant or other agreement in recordable form concerning the common wall is
approved by the City Attorney and thence filed with the Scott County Recorder of
Scott County Registrar of Titles; and d) each of the two (2) dwellings is separately
served by public utilities, none ofwhich are shared.
Please accept this as official notification of this proposed Administrative Land Division.
Written comments or objections regarding this matter should be submitted to the
Planning Department by May 7, 1998. For more information, contact Jenni Tovar at 447-
4230.
Prepared this 27th day of April, 1998, by:
Jenni Tovar
Planner
I: \9 8 files\9 8 adplat\9 8-05 8\98-05 8pn.doc
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llESCRlPl'ION PARCEL A:
'lhat part of Lot 3. Block 1. l<<XlDVIEW 2ND ADO'N. Scott County. lIinnesot" lyinq
northeasterly of the fOllowing de9Cdbed line:
CamlerlClng lit the """'t el\sterly corner of SRid Lot 3: thence SOUth 57 dog"""" Jll
minutes 30 eecaldn Hest plat bearing. "long the oouthel\Sterly line of ....id let 3.
a distance of 36.23 f....t to the point of beginning of the line to be de<lCr1bod:
thence North 32 deqre.... 13 minutea 52 IleC<lI1dn west a distance of 107.89 f.,e:
. thence Ilcrth 27 &grees 23 minutes 39 seconds West .. dist!lnct> of ISO. 98 t....t ~ II
point 'On the northveBterly line of ....id lot 3. distant 15.97 f_ ~clY .
of the """I: northerly corner of said lot 3. and there .terml:""~ing. ",>,;,,: ..J
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Containing 7.429 "'I' ft. , ::;}:~;;~1}ti?\,~:'~<.:." . .
. OOSCIUPl'ION PARCEL B: . '." ,..f...,.... ~....,'"l.fi'. ".,,~ ,~.,-..,:" ." . .. ..
_ . t: !-.."'t,',i";S;'~",""";"711,f"'',.4'''~.ot;'~'''''' ~.. .'~
'!.hat part of Lot 3. Block 1. l<<XlDVIEW 2ND AlDIN.' Scx>t.t ~~}~.~1;:.~.o;~~')l~;~.;t"f":,"'~' ~ ;)
eouthvesterlyof the folla.ring deecribea Ilf!8( .,: ~ ~:~. ...:.~~,~..,~:;~~~~iil:'}~';:\~J '~.-. . .. .. .~:.
. ~ .:. :- ~ ~ ~ ~. ~~117~~ .1~' .' .,,""'~ ~... ..:;
'. . Olomonc:ing at the moat easterly; .comet Of .ld Lot.~:"~ llllli~~JiC:~.' .t-'o~ -. . : 1t~
_.: =-.' .:.;.' , ,n1.nutes:lt ~ west: plat l:J!taring. alaJ!l 'the.~<f ." . . !;.~.'~.".-U'
'~B-' --. . .-'., i' , .' . .s distanc.qof 36.23 feet.to the~po1nt of ~~ ~ilr"'.' . .. ~:r -,i"":
~i 1 APR 20 '., '~'l~J1'" :'~=~~~2i13~~~:~r.:'. ,,~.. ~;.. -~{~j~
. . 1900.. ,.~'. ':\:poI.nt ~ t/)!I. ~~ly.l. - o(,at"_l~.7";~ .~ ~,t'-;
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AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF SCOTT )
)ss
STATE OF MINNESOTA)
of the City of Prior Lak COUB of Scott, State of
Minnesota, being duly s om, says on the '.U:day of 1998, she served
~e~l~to~~the ~.. -0
IJj' . by maIlmg 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
MAlLAFFD.DOC
PAGB
-.
t-V.563
005
02/17/98
10:08
KOHLRUSCH ABST ~ 8293828
,<
425644
. " '. ;, '~"; ;'~~-.~-
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_~ Ope, No.
OFFICE OF THE COUNTY RECORDER ~
SCOTT COUNTY. MINNESOTA fA
Certified Filed and/or Recorded on )"'
1 M.
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Pat Boeckman. County Recorder
by June Miller. Deputy
-
well CERTIFICATE RECEIVED
Y. WElL CERTIFICATE NOT REQUIRED
-
WARRANTY DEED Cotpomtion or Parlllenhip Io~
JOINT TENANTS
STATE DEED TAX DUE HEREON: $ 31{;,. SO
Date: August 27. 1998
FOR VALUABLE CONSIDERATION. Crabtree Builders. Inc., a corporarlon under the taws of the Slale of Minnesota, Grantor,
hereby convey(s) and warrant(s) to DAVID E. HUSS AND DAWN A. HUSS AS JOINT TENANTS
Grantee(s), real property in SCOTT
County. Mionesot8. described as follows:
That part of Lot 3, Block 1, WOODVIEW ZND ADD'N, Scon County. Minnesota lying southwesterly of the following described
line:
Commencing at the most easterly COmeX' of said Lot 3; thence South 57 degrees 38 minutes 30 seconds West plat bearing, along
the southeasteTly line of said Lot 3, a distance of 36.23 feet to the point of beginning of the line to be described; thence North
32 degrees 13 minutes 52 seconds West a distance of 107.89 feet; thence North 27 degrees 23 degrees 39 seconds West a distance
of l50.98 feet to a point on the northwesterly line of said Lot 3, distant 15.97 feet southwesterly of the most northerly comer of
said Lot 3, and thexe terminating.
'? 5-r?-' 7-&03-0
dThe Seller certifies thilt the Seller does 1101 know of any w~ll$ on the described real property. "
(if more space is needed, continue on baelc:)
together with all hereditaments and appurtenances belonging thereto. subject to the following exceptions: Subject to easements,
restrictions. reservations of record, if any.
No. J/9.9/ Q
Deed Tax ~!eon /If $ ~~
paid fhiSiili;JJ!O.ay o~,19..i5:
~~t.~ 'IJ..tI~AfFlY OeP.d Tn Stamp Here
:_:..!~ - ....~.ffltlm:nTl?<mTfer
Conservation Fee Paid
TAX STATEMENTS SHOULD BE.~ENT TO:
DAVID E. AND DAWN A. HUSS 0
17546 SUNRAY CIRCLE
PRIOR LAKE MN 55372
C
JJ~
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S.TATI! OP.MINNESOTA }
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COUNTYOF~ ss. pF' ~
The foregoing inStx'UtlIel11 was acknowledged before me thisJ3 day of J '. 1998, by Dale
P. Nelson, President of Crabtree Builders, Inc., a corporation under tbe laws of the State of Minnesota, on behalf of the
corporation, Grantor.
K)
S INSTRUMBNTWAS Dllt\PT:eD BY (NAME AND ADDRess
1-efu V~b1nisth Sco1JlCanrer Abstracl Co.. Inc.
1t> : 128 West 3rd Avenue
P.O. Box 355
Sbakopee. MN s~
File No. $1.. .
TlIlI SlAtlmleD13 r the real propeJly described in Ibis .iDsttWDeDl should be
sell/. 10 (Include \WIll: ami addn:sa of GDJl1I:C)=
ADMINISTRATIVE LAJm SUBDMSION
CASE FILE # qg - tJ5 f5
ThIs appIicaUon *"PII.. -'" the ""'1- 01
Section 8-1-3 ~ .. CIV eo.tI of PIIIr ....,
MinnINtI. ... II ~ ___ ~ III air"
Prtor....... (J (J; riC1/C/.,{ ) 5j/lJf1 $(
WARRANTY DEED CotpoJ':llion or Pannership to Individn!l(s)
STATE DEED TAX DUE HEREON: S 14t; ')0
Date:
October 30~ 1998
FOR VALUABLE CONSlDERA TION, Crabtree Builders, Inc., a coIporation under the laws of the State of Minnesota, Grantor,
hereby convey(s) and warrant(s) to Sall y A. Rodewald
Grantee(s), real propeny in scon
County, Minnesota, described as follows:
That part of Lot 3, Block 1, WOODVlEW 2ND ADD'N, Scott County, Minnesota lying northeasterly oftbe following described
line:
Commencing at me-most easterly comer of said Lot 3; thence South 57 degrees 38 minutes 30 seconds West plat bearing, along
the southeasterly line of said Lot 3, a distance of 36.23 feet to the poi]\t of beginning of the line to be de:scnoed; thence North
32 degrees 13 minutes 52 seconds West a distance of 107.89 feet; thence North 27 degrees 23 degrees 39 seconds West a distance
of 150.98 feet to a point on the northwesterly line of said l..at 3, distant 15.97 feet southwesterly of the most northerly corner of
said Lot 3, and there terminating.
~S;-;r'i?-7-~~ 3 --I
"The Selltf certifies that the Seller does not /aww of any wells on the described real properry. ..
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Subject to easements,
restrictions, reservations of record. if any.
AffUl Deed Tax Stamp Here
TAX STATEMENTS SHOULD BE FORWARDED TO:
By
>>~
STATE OF MINNESOTA}
COUNTY OF SCOTT ss. -\ \\. \
The foregoing insuument WilS acknowledged before me this ~ day of f\~ (' \ \ . 1998, by Dale
P. Nelson, President of Crabtree Builders, Inc., a corpo11ltion under the laws of the Sti e of Minnesota, on behalf of the
corporation, Gramor.
RANK)
NANCY l. MOELLER
NOTARY PUBLlC.MINNESOTA
HENNEPIN COUtHY
My Commission Expires Jan. 31. 2~)'
SIGNATURE OF P
lCnhlruSc.h Scan/CArver AbstraCt Co., loc.
128 West 3rd Avenue
P.O. Box 3SS
Shak.opec, MN S5379
FlleNo. 5753b;(
Tv; SlO\remenlS for the real propeny described in this in$trumt.ot should be
"1fM\wr~~BDMSION
CASE FILE -# . .. q ~- :: 05R --
to ..... ....~ ~"._..4.
This application complies with the provisions of
Section 6-'-3 of the City Code of Prior Lake,
Minnesota.. and is hereby approved by the CIty of
Prior lake: .
By'~ ~. Oal8: s-/lll'iY
INSTRUMENTW AS DRAFIlID BY (NAME AND ADORESS
(
Doc. No.
425643
OFFICE OF THE COUNTY RECORDER S"l'
SCOTT COUNTY, MINNESOTA ft
Certified Filed and/or Recorded on
Pat Boeckman. County Rec:order
by June Miller, Deputy
**********************************~******************************************************************************
PARTY WALL AGREEMENT
THIS AGREEMENT, effective this 27TH day of August ,1 gg~, by and between
CRABTREE BUILDERS, INC., a Minnesota corporation ("Crabtree") andDavid E. Huss &
Dawn A. Huss
("Purchaser").
Recitals
A. Crabtree is the owner of a twinhome located on adjoining parcels of land in Scott
County, Minnesota, legally described as follows:
Parcel B: see attached legal
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Parcel A: see attached legal
B.
Purchaser is about to purchase Parcel B
from Crabtree.
C. The twinhomes will have, as a part of their construction on the dividing line
between Parcels A and 8, a wall which shall constitute a Party Wall and which is common to the
twinhomes ("Party Wall").
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
1. Declaration of Party Wall. The wall described in Recital C hereof shall
,
constitute a Party Wall and the owners of Parcels A and B shall be entitled to the use of the
Party Wall to such extent as llIay be necessary in connection with the use and enjoyment of
their respective parcels.
2. Repair or RebuildimJ. In the event it becomes necessary to repair or rebuild the
whole or any part of the Party Wall, such expense shall be borne equally by the parties.
Provided, however, the parties shall be responsible for maintaining and repairing the finished
interior surface on their side of the Party Wall. Repair or rebuilding of the Party Wall shall be on
the same location as the original wall and shall be of the same or similar materials that were
Llsed in the construction of the original wall.
3. - Arbitration. Any controversy that may arise between the parties with respect to
the necessity for, or the cost of repairs or rebuilding, or with respect to any other rights or
liabilities of the parties under this Agreement, shall be submitted to binding arbitration under the
jurisdiction of the American Arbitration Association venued in Minneapolis, Minnesota.
4. Bindina Effect. The benefits and obligations of this Agreement shall run with the
land and shall bind the respective parties to this Agreement, their heirs, successors, personal
representatives and assigns.
EE BUILD~ INC.
~ ,ili ~-:
. Nelson
Its President
Oa~
DAl;E. H~ ~
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DAWN A. HUSS
-2-
STATE OF MINNESOTA )
(5S
COUNTY OF SCOTT )
/JfThe foregoing instrument w~s acknowledged before me this ~ day of 4&1>.1:
19~ by DALE P. NELSON, President of CRABTREE BUILDERS, NC., a Minnesotr.;~'
tion, on behalf of the corporation.
.t^.~.... .t\..,:-"",~-"-"~,~"",,,,,,,,,,,,,,~,,,,,~.~,J.~"'''''>f'. ~'~'^"""""~,,-\,,
1 <.(::.~ 1Il'1DA c. LOVLEY }
1 a'~:l,,~).:~ NOI,~R.Y P.UBLlC - ~mlNES?TI\
, ,/ :,~v r:Qmmission Expl\es 1-31-00 .
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STATE OF MINNESOTA )
(SS
COUNTY OF SCOTT )
<if The foregoing instrument wa;raCknowledged before me this c77f~y of ///LItI/fr
199.b.. by ,Pt1tJ1d E. H 1/$ a /1l; ,Purchaser. ..r--r-r
J)dW/t/f. t/uSS .
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
612/452-5000
TJC
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PARCEL A
That part of Lot 3, Block 1, WOODVIEW 2ND ADD'N, Scott County, Minnesota lying northeasterly of the
following described line:
Commencing at the most easterly comer of said Lot 3; thence South 57 degrees 38 minutes 30 seconds West plat
bearing, along the southeasterly line of said Lot 3, a distance of 36.23 feet to the point of beginning of the line to
be described; thence North 32 degrees 13 minutes 52 seconds West a distance of 107.89 feet; thence North 27
degrees 23 minutes 39 seconds West a distance of 150.98 feet to a point on the northwesterly line of said lot 3,
distant 15.97 feet southwesterly of the most northerly comer of said lot 3, and there terminating.
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PARCEL B
That part of Lot 3, Block 1, WOODVIEW 2ND ADD'N, Scott County, Minnesota lying southwesterly of the
following described line:
Commencing at the most easterly comer of said Lot 3; thence South 57 degrees 38 minutes 30 seconds West plat
bearing, along the southeasterly line of said Lot 3, a distance of 36.23 feet to the point of beginning of the line to
be described; thence North 32 degrees 13 minutes 52 seconds West a distance of 107.89 feet; thence North 27
degrees 23 minutes 39 seconds West a distance of 150.98 feet to a point on the northwesterly line of said lot 3,
distant 15.97 feet southwesterly of the most northerly comer of said lot 3, and there terminating.