HomeMy WebLinkAbout98-154 Larson Property - Tax Forfeiture
History of Glynwater Development
In December, 1997, Wensmann Homes filed an application for a Schematic
Planned Unit Development for this property. Owners of property within 350' of
the site were notified of the pending public hearing. The owner of record of the
Larson property, Mr. Steve Larson, received notice of the hearing. I spoke with
Mr. Larson by telephone on December 3, 1997, and discussed the potential
development of this site. Mr. Larson did not state any need for access to his
property. In fact, he was more concerned that the access easement to CSAH 82
remain undisturbed.
The City Council denied the request for a PUD in January, 1998. The developer
then filed an application for a rezoning, a conditional use permit and a
preliminary plat. We notified owners of property within 500 feet of the site about
the pending public hearing on February 23, 1998. Mr. Larson was again listed
as the owner of record of the Larson parcel.
Due to a notification error, we renotified owners of property within 500 feet of the
site of a new public hearing to consider the preliminary plat and conditional use
permit on June 22, 1998. Mr. Larson was still listed as the owner of record. The
City Council approved the preliminary plat on July 6, 1998, with the adoption of
Resolution 98-81.
On July 20, 1998, the City Council considered the final plat and development
contract for Glynwater 1 st Addition. Final plats do not require a public hearing,
so no notices were sent. The City Council adopted Resolution 98-87, approving
the final plat and development contract, on July 20, 1998. The final plat
documents were filed with the Scott County Recorder's Office on July 27, 1998.
The first correspondence from Mr. Bryce Huemoeller regarding this property was
received on August 20, 1998. In that letter, Mr. Huemoeller states he is writing
on behalf of his client who has an agreement to purchase the property.
In December, 1998, I had another conversation with Mr. Steve Larson about the
Melbourne Larson property. Mr. Larson informed me he still owned this property.
As of August 5, 1999, Scott County still lists Mr. Larson as the owner of record of
this property.
I :\98files\98subjec\98-154 \history .doc
Scott County Property Card
Page 1 ofl
Scott County Property Card
Parcel ID
Number:
Deeded Acres:
GIS Acres:
Plat:
Lot:
Block:
Property Information
259340250
1.5
1.28953
2M
Owner Information
Owner: KUCKHAHN,JONATHAN R
Address: 4280 CHESTNUT LN NE
City/State/Zip: PRIOR LAKE, MN 55372
Parcel Address
Address: 3153 154 ST NW
City/State/Zip: PRIOR LAKE MN 55372
Legal
Description:
Sect-34 Twp-115 Range-022 1.50 AC P/O E
16A OF NW1/4 SW1/4 COM 1074.5' S OF NW
COR OF E 16A OF NW1/4 SW1/4, E 140', S
52-55 E 322.3' TO S LINE NW1/4SW1/4, W
TO W LINE E 16A, N TOPOB.
:N
This drawing is neither a legally recorded map nor a survey and is not intendl
to be used as one. This drawing Is a compilation of records, information, anc
data located in various city, county, and state offices, and other sources
affecting the area shown. Scott County is not responsible for and inaccuracle
herein contained. If discrepancies are found, please contact the Scott Count>
Survevors Office.
http://gis.co.scott.mn. us/common/asp/printParcelSummary.asp ?thePin=259340250
818/2008
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION OO-XX
A RESOLUTION AUTHORIZING THE RECONVEYANCE
OF TAX FORFEITED LANDS TO THE STATE OF MINNESOTA.
Motion By:
Second By:
the City of Prior Lake has previously received tax forfeited land to construct a trail from
County Road 82 to Island View Neighborhood Park; and
said parcel (PIN #25-934-01-20) being in the County of Scott, State of Minnesota, is
legally described as follows:
The West 1 rod of the East 16 acres of the Northwest Quarter
of the Southwest Quarter of Section 34, Township 115, Range
22, subject to easements of record.
; and
the City of Prior Lake has failed to put the land to use for the public purpose for which i~
was conveyed; and
the City now desires to reconvey the property to the State of Minnesota; and
the City Council hereby dispenses with the requirements of Minnesota statutes
~462.356, subd. 2 requiring Planning Commission review of any disposition of a publicly
owned interest in real property because the conveyance from the State contains a
reversonary provision to the State if the land is not used for park trail access purposes;
and
access trail was provided when the Glynwater Addition was developed.
Now THEREFORE, be it resolved by the City Council of the City of Prior Lake that the following are
hereby adopted:
(1) The reconveyance of the above described land to the State of Minnesota is hereby approved.
(2) The Mayor and City Manager are hereby authorized to execute the documents necessary to
reconvey the property on behalf of the City.
{Seal}
PASSED AND ADOPTED THIS
DAY OF
,2000.
YES
NO
Mader Mader
Ericson Ericson
Gundlach Gundlach
Petersen Petersen
Schenck Schenck
City Manager, City of Prior Lake
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
. .
Halleland
Lewis Nilan
Sipkins&
Johnson
Attorneys at Law I P.A.
600 Pillsbury Center South
220 South Sixth Street
Minneapolis, MN 55402-4501
Phone: 612.338.1838
Fax: 612.338.7858
www.hlnsj.com
Anne Boyd Bartz
Business Practice Coordinator
Direct Dial: (612) 204-4108
Internet Address: Abartz@hlnsj.com
February 22,2000
Mr. Frank Boyles, City Manager
City of Prior Lake
16200 East Eagle Creek Avenue S.E.
Prior Lake, MN 55372
VIA MESSENGER
. Re:
City of Prior LakelMelbourne/Larson/Gensmer Property
Dear Mr. Boyles:
".
You~ay re~'all that ~. Order to Show Ca~se was served uponth~ CitY by Bryce
Huemo~ller on behalf of Eagle Creek Villas LLC for an order affinning an easement. Ryan Burt
of our ofqce prepared and filed an Answer in those proceedings and attended the scheduled
, Hearing in Scott County. Ryan and I had a telephone conversation with Bryce Huemoeller the,
evening before the Hearing and pointed out the various inadequa,cies of the Order to Show
Cause, e.g., no Report of Examiner had been prepared and the correct party in interest had not
been served Le., the State of Minnesota. It turned out that Bryce Huemoeller cancelled the
Hearing without notifying us of the cancellation. Ryan has amended the Answer on behalf of the
City of Prior Lake to' request attorneys' fees and costs for Mr. Huemoeller's lapse innot
notifying him of the cancellation of the hearing.
The new Hearing date is March 2, 2000. We would like to have the enclosed deeds to
reconyey the property to the State of Minnesota executed by you and by the Mayor prior to that
. ,Hearing. You will note that we also need the Commissioner of Revenue to sign offon the deed,
which will cause an additional delay in processing the reconveyance. Would you please arrange
for execution of both copies of the deed in the presence of a notary public and then return them
DN: 80115
to my attention in the pieaddressed envelope eIlclosed via hand delivery. Please feel free to
contact me if you have any questions and thanJc you for your goodhelp in this matter.
Sincerely,
~
Anne Boyd Bartz
ABB:beh
cc: Susan Lea' Pace
Ryan Burt
Ronald Peterson
DN: 80115
Department of Revenue SO Forl'O 97SIRov:11nS)
'Rev'enue by Attorney General'7-20-69
RECONVEYANCE OF FORFEITED. LANDS TO STATE OF MINNESOTA
BY GOVERNMENTAL SUBDIVISIONS
WHEREAS, Pursuant to' Minnesota Statues, Section 282.01, Subdivision' 1, the STATE OF
MINNESOTA, as trustee under Minnesota Statues, Section 281.25, on the 29th day of August, 1997,
conveyed to the City of Prior Lake, a governmental subdivision, the lands herl!inafter described, to be used
for an authorized public use, and
WHEREAS, Said governmental subdivision "has failed to pu~ such land to.the public use for which it
was conveyed and *has abandoned the public use for which such land was co.nveyed, and now desires to
reconvey said lands to t~e State of Minnesota, as such trustee,
NOW, THEREFORE, This indenture, made this day of ; 2000, between
the City of Prior Lake a governmental subdivision ofthe State of Minnesota, as party of the first part, and
the State of Minnesota, as trustee as hereinafter set forth, as party'of the second part,
WITNESSETH, That the said party of th~ first part, in c.onsideration of the premises and other
valuable considerations, the receipt whereot" is hereby.acknowledged, does hereby Grant, Bargain,
Quitclaim and Reconvey unto the said party oft.he second part all the tract or parcel C!f land lying and
being in the County of Scott in the State of Minnesota, described as follows, to-wit: .
PIN 25 934 012' 0 (Prior Lakel A tract.of land situated in Scott County, Minnesota described as
follows: The West 1 rod of the East 16 acres of the Northwest ~ of the Southwest ~ of Section 34,
Township 115, Range 22, subject to easements ot record. .
Party of the first part certifies that it knows of no wells on the' described real property.
In trust as provided by Minnesota statues, Section 281.25, upon like conditions and with like effect as if
said lands had not been conveyed to said party of the first part as. aforesaid. ' .
TO HAVE' AND TO HOLD THE SAME, Together with all the hereditaments' and appurtenances
thereunto belonging or in anywise appertaining, .to the said party of the second part and its successors
and assigns, Forever. ' .
IN TESTIMONY, WHEREOF, S!tid party of the first part has caused these presents to be executed in
. its corporate name by its Mayor and its City Mal1<!ger and its corporate seal to be hereunto affixed the day
and year first above written. .
CITY OF PRIOR LAKE
Nam. Dr Governmental Subd"Msian
By
Wesley M. M.ader, Mayor
.... By
Frank Boyles, City Manager
.. Strike out clause not applicable
STATE OF MINNESOTA'
County of Scott
!
I'.
. .
On this ' day of, 2000, before me,
. a notary public within and for said county, personally appeared Wesley M. Mader and
Frank Boyles to me personally known, who, being each by me duly swom say that
they are respecti'vely Mayor. and the City Manager of the governmental subdivision'
named in the foregoing instr4ment, and that the seiil affixed to said Tnstrument is the
corporate seal of said goverl'lmental subdivision, and that said instrument was signed
and sealed in behalf of said governmental subdivision by authority of its City Council,
and said Wesley M. Mader ~!ld Frank Boyles acknowledged said instrument to be the
free act and deed of said governmental subdivision.
-:
...~
"
;.,,' " . : . '. :. "0 .\ ,_. . .. ~
APPROVAL
The undersigned, acting for the Commissioner of Revenue of the State ot. Minnesota, under
delegation of authority duly filed with the Secretary of State; does hereby approve the foregoing
conveyance to the State of Minnesota.
Dated:
In the Presence of
,2000
STATE OF MINNESOTA
. c-.IIolonoIol/ln.....
DN: 79946
City of Prior Lake
N
W+E
s
I Owner Name I
D Municipal Park
400
,
o
2 May 2003
H:~wittkopM V _temp\2003\property owners.apr
400 Feet
,
tt^
SCOTT COUNTY TAXATION DEPARTMENT
GOVERNMENT CENTER. 200 FOURTH AVENUE WEST. SHAKOPEE, MN 55379-
1220
(952) 496-8115 . Fax: (952) 496-8135 . www.co.scott.mn.us
LEROY T. ARNOLDI, Director
January 28, 2004
City of Prior Lake
16200 Eagle Creek Ave.
Prior Lake, MN 55372
RE: Parcel #25-934012-0
Dear Sir or Madam:
The purpose of this letter is to inform you that you own property adjacent to a parcel of
tax-forfeited property owned by the State of Minnesota. We are notifying adjacent
property owners of the opportunity to purchase said parcel of land.
You are hereby notified that a private auction will be held at the Scott County
Government Center on Wednesday, March 3, 2004 at 9:30 A.M. in Room GC 102.
Enclosed are copies of an aerial map of the parcel as well as the terms of the sale.
The legal description of the tax-forfeited parcel is: The West 1 rod of the East 16 acres
of the Northwest Quarter of the Southwest Quarter in Section 34, Township 115, Range
22, containing .49 acres, more or less. Subject to easements of record.
I can be reached at (952) 496-8153 if you have any questions.
Sincerely,
SCOTT COUNTY TAXATION DEPT.
Be~e~~
Tax Specialist
Enclosure
NOTICE OF PRIVATE SALE OF TAX-FORFEITED LANDS
NOTICE IS HEREBY GIVEN That the parcel of land described herein shall be sold to the
highest bidder at private sale. The sale will be governed by the provisions of M.S. 282.01
and by the resolution of the Scott County Board of Commissioners authorizing such sale.
BE IT RESOLVED, That the parcel of tax-forfeited land described herein is classified as
nonconservation land; that the minimum sale price is $10,000.00; that the sale will be held
at on Wednesday, March 3, 2004 at 9:30 A.M. at the Scott County Government Center,
Room GCI02, for not less than the minimum sale price; and that the sale shall be in full
payment.
Information about the sale of tax-forfeited land in Scott County can be obtained at the Scott
County Department of Taxation, 200 Fourth Ave. West, Shakopee, MN 55379. Telephone:
(952) 496-8153.
LIST OF TAX-FORFEITED LAND FOR PRIVATE SALE
ASSESSMENTS
BEFORE
MUNICIPALITY PID VALUE FORFEITURE
City of Prior Lake #25-934012-0 $ 10,000.00 $0.00
TERMS FOR THE SALE OF TAX-FORFEITED LAND IN SCOTT COUNTY
Terms of Private Auction: Sealed Bids Only
Private Sale: Basic Sale Price of $10,000.00
This parcel is offered at private auction and will be sold to the highest bidder. The
minimum bid acceptable is the basic sale price that is shown on the list of tax-forfeited land.
The basic sale price is equal to the appraised value or the appraised value plus any extra
charges for special assessments levied after forfeiture and for hazardous waste control.
Extra Fees and Costs: In Addition to the Basic Sale Price
A 3% surcharge for the state assurance account will be collected at the time of the sale. The
following extra fees will be collected when the basic sale price is paid in full: a State Deed
fee of $25, a deed filing fee of $20, a Conservation fee of $5, State Deed Tax of .33% of sale
price, County Administration fee of $150, and a Well Certificate fee of $30, if applicable.
Payment Terms: Cash Only to be paid at time of sale.
Special Assessments: Levied Before and After Forfeiture
The balance of any special assessments that were levied before the forfeiture and canceled
at forfeiture and that exceed the amount of the basic sale price may be reassessed by the
municipality. These special assessments are shown on the list oftax-forfeited land under
the column entitled "Assessments Before Forfeiture".
Any special assessments that were levied after forfeiture and certified to the county auditor
have been added to the appraised value and must be paid by the purchaser as part of the
basic sale price. These special assessments are shown on the list of tax-forfeited land with a
special line entitled "Specials After Forfeiture".
Conditions: Restrictions on the Use of the Property
Sales are subject to the following restrictions on the use of the properties:
(1) existing leases,
(2) easements obtained by a governmental subdivision or state agency for the pubic
purpose,
(3) building codes and zoning laws,
(4) all sales are final with no refunds or exchanges allowed, and
(5) the appraised value does not represent a basis for future taxes.
Private Sales: Parcels Not Sold at Public Auction
Any parcel not sold at a public sale may be purchased after the public sale by paying the
basic sale price. The basic sale price cannot be changed until the parcel is reappraised,
republished, and again offered at a later public sale.
Title: Proof of Ownership
The buyer will receive a receipt at the time of the sale. The Department of Revenue will
issue a state quitclaim deed after full payment is made. A state deed has the characteristics
of a patent from the State of Minnesota.
Given under my hand and official seal at Shakopee, Minnesota, this 28th day of January,
2004.
~uJ
Bev Wagner
Scott County Deputy A
cott County
Page 1 of 1
#25-934012-0
This drawing is neither a legally recorded map nor a
survey and is not intended to be used as one. This
drawing is a compilation of records, information, and
data located in various city, county, and state offices,
and other sources affecting the area shown, and is to be
used for reference purposes only. Scott County is not
responsible for any inaccuracies herein contained. If
discrepeancies are found, please contact the Scott
County Surveyors Office.
~cott
w.'
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January 27, 2004
ttp:/ /www.co.scott.mn.us/servlet/com.esri.esrimap.Esrimap?ServiceName=overview&ClientVersion=4.0....1 /2712004
07/18/00 TUE 14:29 FAX 6124968135
SCOTT COUNTY TAXATION
IaI001
FAX
Scott County
Date
07/18/2000
Number of pages including cover sheet ..:.!!.....-
To: From:
Don Rye Thomas Lannon
Government Center
200 Fourth Avenue West
Shakopee MN 55379
Phone 952-447-9811 Phone 952-496-8168
Fa;x Phone 952-44 7 -4245 Fax Phone 952-496-8135
cc: E-Mail
tlannonl6'-co. scott. mn. us
REMARKS:.: - . . .. -. . -
D Urgent ~ For your review 0 Reply ASAP D Please comment
The research may not be so bad, the property is torrens and the certificate is 17097.
07/18/00 TUE 14:29 FAX 6124968135
~"r.F(/rlll 9(,2 (U.n'is(.(j 111/11/96)
=
Staple All CornSpl)lldCIlCe
SCOTT COUNTY TAXATION
141 002
1\.1 i 1II11:!i1l III J)clmrlmc III "r l{n'CIIIIC
Application by a Govcrnolental Subdivision for Conveyance of
Tax-Forfeited Lnnds fur nn Authorized Jlublic Use
(Minnesota Shllutes, Section 282.Ul, Subllivisions h through I c)
(Note: If the govcmmcntal subdivision has pun;:based the property, use PT Form 80)
III
SCOTT
County
Name a/governmental subdivision (applicant):
City of Prior Lak~
Mailing address 0/ applicant:
16200 Eagle Creek Avenue SE
Prior Lake MN 55372
//
Date requested properlY was f07fe;led 10 the State: It..L... ,,...ny
(monlh)
?
~
(day)
9.s-
~
(year)
Legal description of properly (include the name of the cilY/lown in which the properly is located):
PIN #25 934 012 0 (Prior Lake)
A tract of land situated in Scott County,
Minnesota described as follows: The W~st 1
rod of the East 16 acres of the Northwest 1/4
of the Southwest 1/4 of Section 34. Township
115. Range 22. Subject to easement of record.
Describe the intended public use to be made of the properly (be specific, including statute or special law
references, if relevant):
PIN # 25 934 012 0 Par~ Trail Acc~ss
State the need for the property (be specific, e.g_. why this property instead of some other propeI1Y?):
The above staced needs are che highese and bes~ US~ of tn~ pTOPPT~Y
Please check the appropriate boxes be/ow:
o correcting govcrlUncnlal subd. name
and/or
D legal description
original deed no.
(If recorded, please supply recording information.
If nol recorded. please rdurn Ihe ori~inal slale deed.)
o There are one or more wells on this property
GJ There are no wells on this property
A Wetland Certification Form Must Ue Attached To This Appliclltion
Return application to: MN Dcpulment of l~evenue · ProlJcrly Tax Division. Mail Station 3340 · SL Paul, MN SSI4()-JJ40
07/18/00 TUE 14:30 FAX 6124968135
SCOTT COUNTY TAXATION
III 003
StATE OF MINNESOTA
County of
Scott
)
) S5.
)
Ralph Teschner
being !irsl duly sworn, deposes and says IhuL he/she is the
au[horized represenlalive of [he appJicanl named herein, thaI he/she has read said application and knows the
coolenlS thereof, ~Uld that the matters slated therein nre lrue and correct
~~~inanCe Director
Name Tille
, - '-~-""""-'1
CONNIE M. CARLSON ;
NOTARY PUBlIC.MJNNES01A
seen COUNTY
My CommlssiOll &pIres Jan. 31.2000
6~
,19 9 7
Subscribed and sworn to before me this
Nolary Public,
County, Minn.
My commission expires
/3/-C;n!J
RECOMMENDATION Of COUNTY BOARD UPON APPLICATION
The County Board of
5 (t.~#
County, Minnesota, has reviewed the applicalion
of
fl,,"I,! tl' ?'Z;", /a~
dated h/rUdrY. 6. . 19~, forlhe
conveyance for an authorized public use of cerlain ta){~for[eited land described therein. The county board
recommends lhal lhis application be: rejected _ granted-K.
~dAL'
-
Signature (for the County Board)
t/fl'! ?
/ Date
CERTIFICATION or COUNTY AUDITOR OR LAND COMMISSIONER
I have taken the necessary steps required by Minnesota Statutes to prepare the herein described tax-forfeited
land for conveyance for an authorized public us .
1> A/r'7
Date
O-p.1)d~ &-.rerr/'o
Sign~CO~or or Land Conunissiooer
OFFICE OF THE COMMISSIONER Of REVENUE
St. Paul. Minn., , 19
Upon due consideration of this application. il is ordered Ifmt it is hereby: rejectecl_ granted~.
Commissioner of Revenue
ny
07/18/00 TUE 14:30 FAX 6124968135
SCOTT COUNTY T~XATION
141004
IgI73~~
pep,lrtm"'nt of Revenue so Form 975 (Rljlv.111751
Revsnue by Attorney General 7-20-69
'\f'~r
{'.p' .
/. ~"-.'
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/
RECONVEYANCE OF FORFEITED LANDS TO STATE OF MINNESOTA
BY GOVERNMENTAL SUBDIVISIONS
WHEREAS, Pursuant to Minneso1:a Statues. Section 282.01, Subdivision 1, the STATE OF
MINNESOTA, as trustee under Minnesota Statues, Section 281.25, on the 29Lh day of August, 1997,
conveyed to the City of Prior Lake, a governmental subdivision, the lands hereinafter described, to be used
for an authorized public use. and
WHEREAS, Said governmental subdivision "has failed to put such land to the public use for which it
was conveyed and *has abandoned the public use for vvhich such land was conveyed, and now desires to
reconvey said lands to the State of Minnesota, as such trustee,
NOW. THEREFORE, This indenture, made this (pli. day of !liard, , 2000, between
the City of Prior lake a governmental subdivision of the State of Minnes6ta, as party of the first pan, and
the State of Minnesota, as trustee as hereinafter set forth, as party of the second part,
WITNESSETH. That the said party of the first part, in consideration of the premises and other
valuable considerations, the receipt whereof is hereby acknowledged. does hereby Grant, Bargain.
Quitciaim and" Reconvey unto the saia- pl!l'l"ty"of the "Second- part all [he tra~~ or"1lo::r-c~1 ,of, land, lying and
being in the County of Scott in the State of Minnesota, described as follows, to-wit:
PIN 25 934 012 0 (Prior Lake) A tract of land situated in Scott County, Minnesota described as
follOws: The West 1 rod of the East 16 acres of the Northwest % of the Southwest y... of Section 34.
Township 115. Range 22, subject to easements of record.
Party of the first part certifies that it knows of no wells on the described real property.
In trust as provided by Minnesota statues, Section 281.25, upon like conditions and with like effect as if
said lands had not been conveyed to said party of the first part as aforesaid.
TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances
thereunto belonging or in anywise appertaining. to the said party of the second part and its successors
and assigns, Forever.
IN TESTIMONY WHEREOF, Said party of the first part has caused these presents to be executed in
its corporate name by its Mayor and its City Manager and its corporate seal to be hereunto affixed the day
and year first above written.
Name ar Gou.mmanl~J Subdiui&~!,n,: '.'''' "
. ..:.. .. - to. ," .."" ..'~ i,:~.
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a or ':.~-,' ~-~~,..,.;~. >;'::<.'" .
y ,". ~Q..~,<~y"'" ". .,f"..,
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"'//17 /;.~~':<:J:.,\j,~:.~.~, r:.~,~': .
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On this &,fA day of MJ+'Ji 200~~~:b~~;6~~~-~~,
a notary public within and for said county, personally appeared Wesley M. Mader and
Frank Boyles to me personally known, who, being each by me duly sworn say that
paid. ~ they are respectively Mayor and the City Manager of the governmental subdivision
Cou.sI:lwWmFeeP' named in the foregoing instrument, and that the seal affixed to said instrument is the
f(~u;;; ~1'RuuIw corporate seal of said governmental subdivision, and that said instrument was signed
'_.-,,-. ~ and sealed in behalf of said governmental subdivision by authority of its City Council,
and said Wesley M_ Mader and Frank Boyles acknOWledged said instrument to be the
free act and deed of said governmental subdivision.
CITY OF PRIOR LAKE
_waLCERTJFJCATE RECEIVED
-1:.. wm. ~.4 $lE NCJI' fUiatJllllED
... Strike out clause not applicable
STATE OF MINNESOTA
County of Scott
55.
APPROVAL
The,.-"-~er$i.g'n&d.asting for tt'le-Ccrm-m-issioner- of RsvsmJ'tl ur (i11!' Stan:" -'of' iviitlliesota, "uii'dE:'ir'---'-- --
delegation of authority duly filed with the Secretary of State, does hereby approve the foregoing
conveyance to the State of Minnesota.
.2000
STATE OF ~1~~I;~.o)"A
Commlsslol\er or flsvenLIe
1DDRYPU8Uc-MJNNES01'l
IIy CarrllliZian ~Ims Jan. 31. 2005
DN: 79946
See attached for "APPROV AL" by the Commissioner of Revenue
07/18/00 TUE 14:31 FAX 6124968135
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07/18/00 TUE 14:31 FAX 6124968135
SCOTT COl~TY TAXATION
~006
APPROVAL
The undersigned, acting for the Commissioner of Revenue of the State of Minnesota, under delegation of
authority duly filed with the Secretary of Slate, does hereby approve the foregoing conveyance to the State of
Minnesota.
Dated: ~~ It- ;;?Bt~_
y
In the Presence of:
~~ r ~~:b/
~ Yn. ~
Doc. No. T 11 0666
Vol. 55 Page 284 Cert. 17097
OFFICE OF THE REGISTRAR OF TITLES
SCOTT COUNTY, MINNESOTA
~rtified Filed on
03-17-2000 at 04:30 [ lAM [~l PM
Pat Boeckman, Registrar of Titles 01
by ~ ,Deputy Fee: $29.50
'f;r~ ~
STATE OF MINNESOTA
?:/~ ~-f/L
Commissioner of Revenue
By O-/-tP~1 P/4~d
,..----- ------ '.
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SCOTT COUNTY
FINANCE DIVISION
GOVERNMENT CENTER
200 FOURTH AVENUE WEST
SHAKOPEE. MN 55379
(612) 496-8115
LEROY T. ARNOLDI
DEPART1\IENT OF TAXATION. DIRECTOR
Fax: (612) 496-8135
lamoldirdco.scott. mn. us
http://www.co.scottmn.us
July 3,2000
FRANK BOYLES
PRIOR LAKE CITY ADMINISTRATOR
16200 EAGLE CREEK AVENUE
PRIOR LAKE MN 55372-1714
Subj: Classification and sale of forfeited lands
Dear Frank:
Enclosed is a classification listing of non-conservation land located in your city. The
parcel(s) described in the listing forfeited to the State of Minnesota for non-payment of
property taxes.
As required under Minn. Stat. 282.01, we request that you approve the parcel(s) for public
sale or sale to adjacent owners or request a conveyance to your city for public use.
We require a certified copy of the City Council resolution authorizing any action taken. If
you request a parcel be conveyed to your city, you must also complete the form
"Application by a Governmental Subdivision for Conveyance of Tax-Forfeited Land" and mail
it to my attention in this office.
Special assessments which were levied before the forfeiture do not need to be certified to
this office. They were canceled at forfeiture and will be paid from the sale price. Special
assessments which are levied after the forfeiture should be certified to this office. They will
be added to the appraised value and paid from the sale price.
Please be advised that, if the City Council fails to respond within sixty (60) days of the date
of this letter, the sale will be deemed to be approved.
If you have any questions, please fee free to contact me at (952) 496-8168.
Sincerel'i,
7~~~/
Department of Taxation
Enclosure
LIST OF PROPERTIES AVAILABLE FOR SALE
WHICH HAVE BEEN FORFEITED TO THE STATE
AND CLASSIFIED AS NONCONSERVATION LANDS
Parcel No. Description
((,,\~ ft, CITY OF PRIOR LAKE
25 934012 0
A tract of land situ e in Scott County, Minnesota described as
follows: The Wes 'lrod f the East 16 acres of the Northwest X
of the Southwest XC> ection 34, Township 115, Range 22.
Subject to easements of record.
PT Form 962 (Revised 10/11/96)
Staple All Correspondence
Minnesota Department of Revenue
Application by a Governmental Subdivision for Conveyance of
Tax-Forfeited Lands for an Authorized Public Use
(Minnesota Statutes, Section 282.01, Subdivisions la through Ie)
(Note: If the governmental subdivision has purchased the property, use PT Form 80)
In
County
Name of governmental subdivision (applicant):
Mailing address of applicant:
Date requested property was forfeited to the State:
(month)
(day)
(year)
Legal description of property (include the name of the city/town in which the property is located):
Describe the intended public use to be made of the property (be specific, including statute or special law
references, if relevant):
State the need for the property (be specific, e.g., why this property instead of some other property?):
Please check the appropriate boxes below:
o correcting governmental subd. name
and/or
D legal description
original deed no.
(If recorded, please supply recording information.
If not recorded, please return the original state deed.)
o There are one or more wells on this property
o There are no wells on this property
A Wetland Certification Form Must Be Attached To This Application
Return application to: MN Department of Revenue. Property Tax Division · Mail Station 3340. St. Paul, MN 55146-3340
STATE OF MINNESOTA )
) ss.
County of )
being first duly sworn, deposes and says that he/she is the
authorized representative of the applicant named herein, that he/she has read said application and knows the
contents thereof, and that the matters stated therein are true and correct.
Title
Name
Subscribed and sworn to before me this
day of
, 19
Notary Public,
County, Minn.
My commission expires
RECOMMENDATION OF COUNTY BOARD UPON APPLICATION
The County Board of
County, Minnesota, has reviewed the application
of
dated
,19_, for the
conveyance for an authorized public use of certain tax-forfeited land described therein. The county board
recommends that this application be: rejected _ granteu_.
Signature (for the County Board)
Date
CERTIFICA nON OF COUNTY AUDITOR OR LAND COMMISSIONER
I have taken the necessary steps required by Minnesota Statutes to prepare the herein described tax-forfeited
land for conveyance for an authorized public use.
Signature of County Auditor or Land Commissioner Date
OFFICE OF THE COMMISSIONER OF REVENUE
St. Paul, Minn., , 19
Upon due consideration of this application, it is ordered that it is hereby: rejected _ granted_.
Commissioner of Revenue
By
there ar9 no delinquont taxes
and transfer entered thie
e~ot2%r.19zz...
~4 _5f:~J
By ~~::!~~
/ Doput.y
Doc. No. 90685 Pib 51..53
vOl~ Pa<;.11ic.rt\"1 UO\ -,
OPPIC3 OP TEB ABCISTRAR OP TITLBS
SCOTT COONT'!. llCQlNBSOTA \g c:n
C.rtifhc1 fU.c1 on n ~
OCT 2 1 1997 4- \. ll. .
by
Deputy
t
,
WELl. CEftIItUTE RfCEMD
X WELL CERTlRcATE lOT REQUIRED
Conveyance of Forfeited Lands . . 0 11.)'~1' J &';'JC
COnU11lSSlOner's Deed No. . Cl f l.lCJO
THIS DEED, made this 29th day of August, 1997, between the State ofMinnesola, as party ofthe first part, and City
of Prior Lake, a governmental subdivision, as party oftlte second part, WITNESSETH:
-
T~\~
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WHEREAS, the land hereinaller described was duly forfeited to the State of MilUlesota to be held in trust in favor of
the laxing districts for Ule nonpayment of taxes, and, ' -
WHEREAS, pursuant to Milmesota Statutes Section 282.01, Subdivision la, the party ofUle second part has applied
to the Conunissioner of Revenue for Ule conveyance of lands hereinafier described to be used by it exclusively for park trail
access, and, .'" .--.. ....--
WHEREAS, unless not required under Mitmesota Statutes Section 282.0 I, Subdivision I b(b), the Doard of County
Commissioners of Ule County of Scott, State of Minnesota, has recommended to Ule COImnissioner of Revenue by resolution
adopted on the 6Ul day of February, 1997, Utat such conveyance be made,
NOW, THEREFORE, the State of Minnesota, pursuant to said laws and in consideration of tlte premises, docs
hereby grant or convey without warranty lUltO Ule party of the second part, all Ule tracts or parcels of land lying and being in Ule
County ofScoll, State of Milmesola, described as follows, to-wit:
PIN 1/259340120 (Prior Lake) A tract ofland situated in Scott County, MilUlesota described as follows: TIle West I rod of
the East 16 acres ofUle NorUlwest 1/4 ofUle SouUlwest 1/4 of Section 34, Township lIS, Range 22. Subject to casement of
record,' -
" '. excepting and reserving to the said slate, in tms1 for taxing districts concemed, all minerals and mineral rights, as
providcd by law. Further, the lands convcycd by this dced arc not eligiblc for enrollmcnt in a Slate of MilUlcsota funded
program providing compensation for conservation of marginal land or wetlands.
TO IIA VE AND TO HOLD THE SAME, together wiUI all UIC hereditaments and appurtenances thcrcunto
belonging or in anywise appertaining, to Ule said party of the second part ~ IOI~~. it ~llal!~.Qntin]J.eto.JI~esaid 1<l!I~.Xorthc
.P~IJ~sl.:_lIrorcsaid, an~ UP<>ll~91!~i~!!J!!~.UI~!.ch.!I~~!~II_~~~.s~_.~i~land.shall~e19"<? the party or.lhl:.fl~~~yarta,s jJrovided
~~ -
- THE GRANTOR CERTIFIES Umt Ule Grantor does not know of any wells on Ule described real property. The
State of Minnesota is issuing Ulis deed for the county and other taxing jurisdictions and in reliance on the Auditor's certification
slating no wells arc located on the above described property.
IN TESTIMONY WHEREOF, Ule State of Minnesota, party of Ule first part, has caused Ulis dced to be executed in
its name in Ule City ofS1. Paul, Ramsey COlUlty, Minnesota, Ule day and year first above written.
/~
771 / it~"l
m,C~~
STATE OF MINNESOTA
JAMES L GIRARD
commlSS(jr of Revenue
BY:~~
~
fI) ha~en
STATE OF MINNESOTA
)
) 55.
)
'1;"$--
On this 29th day of August, 1997, before me personally appeared MICHAEL
P. WANDMACIIER, the duly appointed representativc of the Commissioncr
. of Revenue of the Slate of MilUlesota, to me known to be the person who
executed the foregoing conveyance in behalf of the State of MiJmesota, and
acknowledged Ulat he executed Ule same as the free act and deed of said state
pursuant to the statutes in such case made and provided.
~ 'Yrl.4t"vV7l
County of Ramsey
5:h iL 7Je.e/
No.3?E.!/c,O
Dcprl TilY I , of $ -L~
paId IIii' ~d'1Y I}f~, 19_r-2
., "'''~ I
.'.' .. 'JI
- ::-h . ,I".h.~ ~o/Jnty Treils/Jrr.r
ConSCrVil!wn r'e!! r.1;r/
Approved by the A"omey General.
This ill5lnunenl was drafted by the
Commis.lioner of Revenue,
MiMesola DepaJ1menlofRevenue
51. Paul, MN 55146.
Revised 8/97
Printed on recycled paper with 100" posl.
consumer wasle using soy.hued ink.
. .~.J_"'~^"".Av..f.f~.....v.H+~M.
I~' seon M. JOHNSON I
~ NOTARY PUBUC - MINNESOTA
My Comm. Explr.. Jan. 31, 2000
.wt'~.~~..tI"A.~_n~~...'~"".
Halleland
Lewis Nilan
Sipkins &
Johnson
Attorneys at Law / P.A.
Pillsbury Center South, Suite 600
220 South Sixth Street
Minneapolis, MN 55402-4501
Phone: 612.338.1838
Fax: 612.338.7858
Suesan Lea Pace
Direct Dial: (612) 573-2902
E-Mail Address:space@hlnsj.com
August 12, 1999
Mr. Bryce D. Huemoeller
16670 Franklin Avenue
Prior Lake, MN 55372
RE: Melbourne Larson ProDerty
Our File No.: 20245-001
Dear Mr. Huemoeller:
There has been extensive correspondence and communication between you and the City
concerning the extension of sewer and water and streets to a parcel of land referred to as the
Melbourne Larson property. Frank Boyles and Don Rye have requested that I respond to you.
Apparently, your client, Mr. Larry Gensmer, has an interest in purchasing the Melbourne Larson
property. Before purchasing the property however, Mr. Gensmer is seeking assurances from the
City that it will require Mr. Wensmann, the developer of the Glynwater subdivision, to extend
sewer and water and street connections through the Glynwater plat in order to serve the
Melbourne Larson property. There is access to the Melbourne Larson property from County
Highway 82.
Facts
The facts as I understand them are as follows:
1. In December, 1997, Wensmann Homes filed an application for a Schematic Planned Unit
Development for property he owns (referred to herein as "Glynwater") in the vicinity of
the Melbourne Larson property. Owners of property within 350 feet of the site were
notified of the pending public hearing. The owner of record of the Melbourne Larson
property, Mr. Steve Larson, received notice of the hearing. Jane Kansier spoke with Mr.
Larson by telephone on December 3, 1997 to discuss the potential development of the
Wensmann property. Mr. Larson did not state any need to provide for access to his
property. In fact, he was more concerned that the access easement to County Highway
82 remain undisturbed.
2. The Council denied Wensmann's request for a PUD in January, 1998. The developer
then filed an application for a rezoning, a Conditional Use Permit and a preliminary plat
(Glynwater). As required by its ordinances, the City notified owners of property within
ON: 64851
Bryce D. Huemoeller
August 12, 1999
Page 2
500 feet ofthe site about the pending public hearing on February 23, 1998. Mr. Larson
was again listed as the owner of record of the Melbourne Larson parcel.
3. Due to a notification error, the City renotified owners of property within 500 feet of the
site of a new public hearing to consider the preliminary plat and Conditional Use Permit
for the Glynwater subdivision on June 22, 1998. Mr. Larson was still listed as the owner
of record. The City Council approved the preliminary plat on July 6, 1998, with the
adoption of Resolution 98-81.
4. On July 20, 1998, the City Council considered the final plat and development contract for
Glynwater 1st Addition. Final plats do not require a public hearing, so no notices were
sent. The City Council adopted Resolution 98-87, approving the final plat and
development contract, on July 20, 1998. The final plat documents were filed with.the
Scott County Recorder's Office on July 27, 1998.
5. The first correspondence the City received about Mr. Gensmer's interest in the
Melbourne Larson property was in a letter written by you to Paul Hokeness dated August
20, 1998. The City did not learn about Mr. Gensmer's interest in the Melbourne Larson
property until after the final plat, Conditional Use Permit and development agreement
had been approved and filed. Furthermore, the City spoke with Mr. Larson about the
Glynwater project before Mr. Wensmann had applied for anything.
6. In December, 1998, Jane Kansier had another conversation with Mr. Steve Larson about
the Melbourne Larson property. Mr. Larson informed Ms. Kansier that he still owned
this property.
7. The Melbourne Larson property is currently zoned A (Agriculture). The property is
approximately 62,000 square feet and adjacent to a natural environment lake. Because of
minimum lot and width size, the Melbourne Larson property cannot be subdivided. The
size of the parcel precludes anything other than single family development. See Jane
Kansier's letter to you dated December 3, 1998.
8. Access to the Melbourne Larson property is over a 16.5 foot easement, approximately
910 feet long, from County Highway 82. The easement is "more than adequate to
provide driveway access for a single family home." Kansier letters to you dated
September 2, 1998 and December 3, 1998.
9. The City acquired title (through a Conveyance of Forfeited Lands, dated October 8, 1997
and recorded in Scott County as Document No. 90685, Page 284. Cert. 17097) to the land
that is subject to the access easement, a copy of which is attached for your convenience.
10. The land conveyed to the City is "[s]ubject to a one rod easement for road way purposes"
from County Highway 82 to the Melbourne Larson property.
Bryce D. Huemoeller
August 12, 1999
Page 3
11. It is your client's "position that his proposed use of the 16.5 foot strip to the Larson
properties will preclude the proposed concurrent use ofthe strip for a trail connecting city
park land." Huemoeller letter to Hokeness dated August 20, 1998. I am assuming that
the "proposed use" you refer to is for access from County Highway 82 and the extension
of sewer and water, if and when the Melbourne Larson property is within the MUSA
boundary. It is not apparent to me why you believe the uses are inconsistent.
12. In a letter dated October 7, 1998, you write to City Manager Frank Boyles that "it has
occurred to us [presumably referring to you and Mr. Gensmer] that.. . Chapter 6 of the
Prior Lake Subdivision ordinance, requires streets and utilities to be extended to the
boundary of the Larson property as part of the Glynwater subdivision." You goon to
"request [sic] that the City not give preliminary or final subdivision approval to the
Glynwater project unless and until the project is redesigned to extend public stre~ts and
utilities to the boundaries of the Melbourne Larson property in compliance with Chapter
6 ofthe Prior Lake Subdivision Ordinance." The letter goes on further to state that if the
City does not comply you will either:
(1) [bring] a District Court action to invalidate the subdivision.. . or,
(2) [bring] an action against the City for the cost of extending public streets
and utilities to the Larson property. . .
13. As of August 5, 1999, Scott County continues to list Mr. Larson as the owner of record.
Discussion
I am not persuaded by your analysis that Chapter 6 of the Prior Lake Subdivision Ordinance
requires that Mr. Wensmann extend a street and utilities through the Glynwater plat to the
Melbourne Larson property. Minnesota Statute Section 645.17(1) and (2) sets out certain
"presumptions" to aid in the interpretation of statutes [ordinances].
Section 645.17(1) provides that:
The legislature [City Council] does not intend a result that is absurd, impossible
of execution, or unreasonable;
Section 645.17(2) provides that:
The legislature [City Council] intends the entire statute [ordinance] to be effective
and certain.
I have been guided by these two statutes in my analysis of Chapter 6 of the City Code. I refer
again to the following statement in your October 7, 1998 letter to Frank Boyles:
"it occurred to us that in light of the very specific language and requirements in
Chapter 6 of the Prior Lake Subdivision Ordinance, streets and utilities should be
Bryce D. Huemoeller
August 12, 1999
Page 4
extended to the boundary of the Larson property as part of the development of the
Glynwater subdivision." Emphasis added.
Your letter does not reference the very specific language to which you refer. I have identified
three arguably relevant provisions in Chapter 6; specifically Sections 6-6-2(A) and (1) and
Section 6-4-3(G).
The relevant language in Section 6-6-2(A) is:
"streets shall connect with existing or dedicated streets.and adjoining subdivisions
.QI provide for future connections to adjoining unsubdivided tracts or shall be a
reasonable proiection of streets to the nearest subdivision."
Section 6-6-2(A) does not apply to the Glynwater subdivision or to the Melbourne Larson
property for the reasons set out below:
1. The Glynwater subdivision connects with an existing street - County Highway
82.
2. Glynwater is adjacent to an adjoining unsubdivided tract. However, there is no
reasonable way to project at this time how streets will be developed.
3. Section 6-6-2 also requires that streets shall.. .provide for future connections to
adjoining unsubdivided tracts. The Melbourne Larson property is adjacent to City
park land not the Glynwater subdivision. A copy of the Glynwater plat is
attached.
Section 6-6-2(J) does not apply to the Glynwater plat or to the Melbourne Larson property.
Section 6-6-2(1) provides that:
Hardship to Adjoininli Property owners Avoided: The street arrangements shall
not be such as to cause hardship to owners of adjoining property in platting their
own land and providing access to it. Emphasis added.
The Melbourne Larson property cannot be platted; therefore, this provision does not
apply.
Section 6-4-3(G) provides:
Any parcel proposed for platting shall recognize the orderly and lo~cal extension of
streets and utilities into adjacent parcels. Emphasis added.
The Glynwater subdivision does not abut the Melbourne Larson property, it abuts City park land.
Even if a street was extended through the Glynwater plat to the abutting property (City property),
there is no way to determine what would be an orderly and logical extension of the streets. The
Bryce D. Huemoeller
August 12, 1999
Page 5
City has no idea how, when or if the Dakota property will be developed. Therefore, the City
cannot predict the "orderly and logical extension of streets..."
The final plat and developers agreement for Glynwater was approved by the City Council on
July 27, 1998; a little over one month before you contacted the City about Mr. Gensmer's
interest in the Melbourne Larson property. Before Wensmann filed a subdivision application,
Ms. Kansier contacted Mr. Steve Larson regarding development ofthe site and regarding access
issues relating to the Melbourne Larson property. Mr. Larson did not express any access
concerns.
The Melbourne Larson property is accessible from County Highway 82. It would be inequitable
and illogical to have required Mr. Wensmann to extend a street and utilities through the
Glynwater subdivision.
Conclusion
The history of your correspondence with the City on this matter makes it abundantly clear that
Mr. Gensmer is looking for someone, other than himself, to pay to develop the Melbourne
Larson property. If Mr. Gensmer becomes the owner ofthe property, he will have an easement
over City land to access the property and provide utilities to the property from County Highway
82.
Sincerely,
~ I.L~ PtlLJL
Suesan Lea Pace
SLP/ab
cc: Frank Boyles
Don Rye
0';
FILE COpy
December 3, 1998
Bryce Huemoeller
Huemoeller & Bates
16670 Franklin Trail
PO Box 67
Prior Lake, MN 55372
RE: Melbourne Larson Property
Dear Mr. Huemoeller:
Frank Boyles asked me to respond to the several questions about the Melbourne Larson
property raised in your letter to Suesan Pace dated November 6, 1998, and in her
response to you dated November 11, 1998. The staff has done some research about
what can be built on this property. Since there is no survey data available to us on this
site, our research is based primarily on the half section property maps and topographic
maps from about 1980. Based on this data, the lot appears to be a triangular parcel
measuring approximately 300' by 410' by 508' and including approximately 62,000
square feet of land area.
The property is currently zoned C-1 SD (Conservation Shoreland District). It is also
located outside of the Metropolitan Urban Service Area (MUSA). The minimum lot area
for the Conservation district is currently 10 acres. However, for the purposes of this
analysis, we have assumed the lot will eventually be included in the MUSA and rezoned
to a residential district consistent with the Comprehensive Plan designation of Low to
Medium Density Residential.
As you know, this property is adjacent to Arctic Lake, a Natural Environment Lake. The
minimum lot area and lot width for sewered riparian lots on a Natural Environment Lake
are as follows:
The required setback from the Ordinary High Water Elevation, in this case 906.7', is 150
feet. Maximum impervious surface on the lot is 30 percent.
1:\98fi1es\98subjec\98-154\larson.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
It was our understanding that it was the developer's intention to build an eight-plex on
this property. As noted above, the Larson property is approximately 62,000 square feet
in area. The lot area alone precludes anything other than a single family dwelling.
Furthermore, when measuring the buildable area based on the required setback, there
is a building envelope approximately 60 feet wide. Once, again, there is very little room
for anything other than a single family dwelling.
This is an existing lot with a 16.5' wide access easement to CSAH 82. Although the
easement is more than 500', long, it is more than adequate to provide a driveway access
for a single family home. It does not seem feasible, or reasonable, to provide a road
access to serve this single lot. The lot is not large enough to subdivide into additional
parcels, and there is no room to construct a cul-de-sac or turnaround without further
restricting the building pad for the single family dwelling. We may be able to extend
sewer and water services to this property through the park at some point in the future
depending upon the outcome of an engineering feasibility report. For the time being,
this parcel in outside of the City's MUSA boundary. Extension of the MUSA to include
this area may take place within the next few years. Until then, many of these issues are
moot.
I hope this information is helpful to your determination of whether or not to acquire
and/or develop this parcel.
If you have any questions, please contact me at 447-4230.
Sincerely,
~~.~
Planning Coordinator
Enclosures: 1. Parcel Map
2. Topography Map
c: Larry Gensmer
John Mesenbrink
Frank Boyles, City Manager
Suesan Lea Pace, City Attorney
Don Rye, Planning Director
DRC Members
1:\98files\98subjec\98-154\larson.doc
Page 2
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DATE: December 1, 1998
TO: Frank Boyles, City Manager
Don Rye, Planning Director
FROM: Sue McDermott, Assistant City Engineer ~-
RE: Melbourne Larson Property
Attached is a sketch of potential sanitary sewer stubs through Glynwater and park land
for the subject property. By assuming 8" sewer line at minimum grade, the potential
invert elevations range from 923.6 to 924.67. It appears that the property could be served
by the proposed sanitary sewer to be constructed with the Glynwater project. Water
service could also be provided through the Glynwater plat.
From an engineering standpoint, a road could be constructed from Glynwater Trail across
the park to the Larson property, although regrading and the loss of at least one lot, more
probably two, would be necessary. In addition, a temporary cul-de-sac would be
required at the end of the road on the Glynwater plat. The land between the Glynwater
plat and the Larson property is currently dedicated as parkland and would have to be re-
platted for the road right-of-way. To determine if this is feasible from both an economic
and legal standpoint, a more detailed study would be required.
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(A) Minnesota Statutes sections 462.351 through 462.364.
(B) Requirements 01 the City Code. the comprehensive Plan and City
Zoning Ordinance.
(C) State laws regulating to platting requirements and registered land
surveys.
(A) ,arrangement t all streets. cotlectors and arterials shall
con - 'Ot e ransportation section of the City of Prior Lake
with existing or dedicated streets and adjoining subdivisions or
~0~:d~J~L<Lconoec\iODSr!OM191!lLI1ll-'UnSubdIVlded tracts or
s a be a reasonable proJection of streets in the nearest
6-6-1
SECTION:
6-6-1 :
6-6-2:
6-6-3 :
6-6-4:
6-6-5 :
6-6-6 :
6-6-7:
6-6-8:
6-6-9 :
6-6-1 :
6-6-2:
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6-E
CHAPTER 6
MINIMUM DESIGN STANDARDS
~1f\:~ .:
A)
(B)
Conform to APplicable Rules and Regulations
Streets
Blocks
Lots
Easements
Natural Features
Storm Water Agreement
Park Dedication
Utilities
CONFORMANCE TO APPLICABLE RULES AND REGU-
LATIONS:
~-W'~j
p,"'"
STREETS:
~~;
~
4'
491
CITY OF PRIOR LAKE
16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372
To: Suesan Lea Pace
Campbell. Knutson
1380 Corporate Center Curve
Suite #31 7
Eagan. MN 55121
Phone: 452-5000
Fax phone: 452-5550
CC: Frank Boyles
Don Rye
REMARKS:
o Urgent
I:8J For your review 0 Reply ASAP
o Please comment
Date: November 24, 1998
Number of pages including cover sheet: . b
From: Jane Kansier
Planning Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake MN 55372
Phone: (612) 447-4230
Fax phone: (612) 447-4245
Please review the attached letter and let me know your thoughts. Thanks.
November 24, 1998
Bryce Huemoeller
Huemoeller & Bates
16670 Franklin Trail
PO Box 67
Prior lake, MN 55372
RE: Melbourne larson Property
Dear Mr. Huemoeller:
In response to the several questions about the Melbourne larson property, the staff has
done some research about what could be built on this property. Since there is no
survey data available to us on this site, our research is based primarily on the half
section property maps and topographic maps from about 1980.
As you know, this property is adjacent to Arctic lake, a Natural Environment lake. The
minimum lot area and lot width for sewered riparian lots on a Natural Environment lake
are as follows:
Sin Ie
Du lex
Tri lex
Quad
The required setback from the Ordinary High Water Elevation, in this case 906.7', is 150
feet. Maximum impervious surface on the lot is 30 percent.
Based on our information, the larson property is approximately 62,000 square feet in
area. The lot area alone precludes anything other than a single family dwelling.
Furthermore, when measuring the buildable area based on the required setback, there
is a building envelope approximately 60 feet wide. Once, again, there is very little room
for anything other than a single family dwelling.
This is an existing lot with a 16.5' wide access easement to CSAH 82. This easement is
more than adequate to provide driveway for a single family home. It does not seem
feasible, or reasonable, to provide a road access to serve this single lot. The lot is not
large enough to subdivide into additional parcels, and there is no room to construct a
cul-de-sac or turnaround without further restricting the building pad for the single family
1:\98fi1es\98subjec\98-154\1arson.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
dwelling. We may be able to extend sewer and water services to this property through
the park at some point in the future.
I hope this information is helpful, As mentioned earlier, this is based on our maps. If
you have more detailed survey information, we would be happy to review that
information and discuss it with you at a later date.
If you have any questions, please contact me at 447-4230.
Sincerely,
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. 10/28"/98 WED 14: 41 FAX 612 452 5550
CAMPBELL
I4l 001
CAMPBELL KNUTSON
Professional AssotiatitJn
Suite 317 Eagandale Office Center
1380 Cor~rate Center Curve
Eagan~ Minnesota 55121
(612) 452-5000
FAX (612) 452-5550
FACSIMILE TRANSMISSION - COVER SHEET
October 28, 1998
PLEASE DELIVER TO:
Frank Boyles
Don Rye
Via Fax #447..4245
Via Fax #447-4245
SENDER:
Suesan Lea Pace
RE:
Melbourne Larson Property I Glynwater Plat
COMMENTS: The City can require Wensman to extend utilities to the boundaries of his
plat. (See Minn. Stat. !i462.358 Subd. 3b and Prior lake City Cide ~6-3-3(B)2).
The other side of the story is the owner of the Melbourne Larson property should have
gotten notice (6-3-3(A)3) of the public hearing on the preliminary plat and object as part
of that process.
TOTAL NUMBER OF PAGES:
5
(INCLUDING COVER PAGE)
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CA~L KELLY AT (612) 234-6212.
o ORIGINAL TO FOLLOW BY MAIL.
NOTICE OF CONFIDENTIALITY
The information eontainea in and transmin..a with this facsimile i:;;
1. SUBJECT TO THE ATTORNEY-CLIENT PRIVilEGE;
2. ATTORNEY WORK PRODUCT; OR
3. CONFIOENT/Jll.
It is intendod only for tho individual or entity designated llbove. You ara hereby notified 1hat I,lny dI8$emlnatlon. dl$Vib!,ltlon, copying Dr !,Ise of or
reliance upon the information contained in or transmitted with this facsimilo by or to anyOne othet thl'ln the recipiant desillnated aboYEl by the sc"dcf
is unauthOri~Bd and strictly prohibited. If you have received 11118 facsimile In error, plaase notify CAMPBELL, KNUTSON, SCOTT ~ FUCHS BY
TELEPHONE AT (6121 452.5000 IMMEDIATELY. Any facsimila erronaously transmitted to yo... shoulcl be ifl'1Mecliatety retl,lr,..ed to the send6/' by 1.1.$.
Mail or, If authorization is granted by Bender. destroyed.
10/98/98 WED 14'41 F~X 612 452 5550
CAMPBELL
I4J 002
"..
.~ ". . . . ". .' H I :_... _. . ____, _, ,,~,.H " __,' . .' .
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832
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I
constructcd or in"~talled according ro the spL:cifications of the municipality. Sections 47 1.)45 tlt..1.w.{~rte.m- I
and 574.26 do not apply to irnpr0vements made by a subdMder or a subdivider's conU'actor. O:::c\~ .1
The regulations may pt'amit the municipality to condition i.ts approyal on compliance
with other requirements reasonably I'elated to the provisions of the rcgulati~ns and to e~e~"ute
development contracts emhl)dying the tenns and conditions of approv~l. The munkipality
may enforce such agreements and conditions by appropriate legal and equitable remedies,EJ,)r~~+
Subd. 2b, Dedication. The regulations may require that a reasonable portion of any prO-
posed subdivision be dedicated to the public or preserved for public Use a..~ sm.:ds, roads,
sewer:;, eleqric, gas, and water facilities, storm water drainage and holding areas or ponds
tlnd similal' utilities and improvemcnts.
In addition, thc regulations may require that n rea<;onable portion of any proposed sub-
division be dedicated to the public or preserved for conservation purposes or for public use as
parks. recreational facilities as defined and outlined in section 471.191, playgrounds. rroiils,
wetlands, or open space; provided that (<1) the municipality may choose to accept an equiva-
lent amount in cash from the ilPplicant for part or all of the pOl'tion required to be dedicated to
such public llses or purposes based on the fuir mark.et value of the land no later than at the time
of final approval, (b) any cash payments received shall be placed in a special fund by thl: mu-
nicipality lIsed only for the purposes for which the moncy was obtained, (c) in establishing
the reasllnabIc ponion to be dedicated. the regulations may consider the vpen space. p1uk,
recreati()md, or common areas and facilities which"the applicant proposes to reserve for the
subdjvi,~iol1. and (d) the municipality n.:asonably detemlints that it will need to acqllir~ that
portion of land for the purposes stated in this p"ragr(lph as a result of approval or the subdivi-
slun.
Subd, 3, [Repealed, 1980 c 566 s 35]
SlIbd, 3ti. Platting. The reg~llations may require thut any subdivision creating parcels,
tracts, or lots, shall be platted. The regulations shall require that all subdivisions which create
five 01' more Jots or parcels which are 2-1/2 acres or It:ss in size shnll be planed. The regula.
tions shall nor contliet with the provisions of chupter 505 but may address subject$ similar
and additional to those in that chapter.
Subd.. 3b, Review procedures, Thl:: regulut10ns shall include provisions regarding the
content of applications for proposed subdivisions. the preliminary and'final review and ap-
provEtI or disapproval of applications, and the cuordination of stich reviews with affected
political subdivisions nnd state agencies. The regLl];llions may provide for the consolidarion
of the preliminary and final re\'kw and appro\'al 01' disapproval of subdivisions, Preliminary
(lr final approval may be granted or denied for purtloi of subdivision applications. The regula-
tions may dclegate the tmthority to l'eview proposals to the planning commission, but tinaJ
approval or disapPl'oval shall be the decision of rhe governing body of the nluniclpalit)' un-
less otherwise provided by law or chorter, The reguJatit)ns shall require that a public hearing
shall be held 011 all subdivision appliclltions prior to preliminary approval, unless otherwise
Pl'ovided by law Or Chtlrter. The hc:aring shall be held following publication of notice of the
time and place thereof in [he official newspapet' at least tcn days before the clay of tbe hearing,
At the hearing. ull penions inte,rested shall be given un opportunity to make presentations. A
subdivision application shall be preliminarily approved or disapproved within 120 days fol-
lowing delivery of an application completed in compHance with the municipal ordinance by
the applicant to the municipalitY, unIt:;;:;; lln extension of rhe review pc:riod has been agreed to
by the applicant. When a division Or subdivision to which the regulations of the municipality
do not apply is presented to the city. the c!el'k of the municipality shall within tcn days certify
that the subdivision regulations of the municipality do not app,ly to the particular division.
If [he municipality or the responsible agency of the municipality fails to preliminarily
approve or disapprove an application within the review period, the application shall be
deemed preliminarily approved, and upon demand the: municipality shall execute II certiti-
Cate to that effect. Following Pl'eliminary approvallhc applicant may request final approval
~y the municipality. and upon sLlch requ . the mUl1icipalit hall certify final approval with-
In 60 da sift e ' ant has c "e with all cOlldi in aha requlTt:mcnts ot a hca6Te
regula.!i2.ns and all. conditions and requir ments upon W IC thc preliminary approval j ex-
pressly conditionc~c.;ither through performance or the executiOn of appropriate agreenwnts
~,
1133
IiOUS~G. RET.lEVEWPMEN"t. PLANNING, 7.0;\1NG .uj2.lS8
care facility
{ residential
19 authority
,tenance and
,:y which arc
f residential
. protect the
,e construed
if otherwise
I;
I I
. !
954; 1973
2,43; 1981
'; 1985 c
1990 c 568
, [
!
REGlILA-
general we1-
ervc agricul-
lmilies of all
;wage, storm
municipality
rements, and
ulations may
Lsses or ]ci nds
)division.
n regulations
11 but not in a
norc: non con-
Jrized to con-
a.
~lllations m"y
ts, structures,
orm drainage::,
ires; access [ll
, soils, wat~r,
tions sh~.lJ.re.
:~~andj[s
d th~ compr~-
sians in arellS
Jf this section.
.bit, restrict or
ct sunlight for
ce, above sur-
as for eX-islil1g
35 to 469.141.
Jrovals for Ull)'
obtained.
1 the construe-
,es, and siroil;u-
ality of a cash
,yith surety and
~menrs will be:
~
. 10/28/98 WED 14:42 FAX 612 452 5550
CAMPBELL
~"
6-3-3
6-3-3
A.3) records may be used for notification purposes. Notice of the hearing shall also
be published in the official. newspaper at least ten (10) days prior to the hearing.
The site shl;lll be posted with 1;1 sign or signs which notify the public of the
pending subdivision.
4. The Planning Director shall compile a report consisdng of facts and findings
from Parks, Engineering. Finance, and Planning. If outside consultants are used
for any analytical purposes, their fees will be charged to the developer. The
report will be sent to the Planning Commission. subdivider and any other
applicable agency Or jurisdiction.
5. The consolidation of preliminary and final plat review may be requested by
the developer from the City Council. Such a request must be submitted to the
City Council prior to the preliminary plat public hearing.
8. The Planning Commission shall conduct the public hearing and report its
findings and recommendations to the City Council and applicant.
7. The developer or representative must attend th$ hearing. Failure of tn/il
applicant to attend .may result in loss of the filing fee. The applicant shall pay
an additional filing fee prior to the preliminary hearing in an amount not to exceed
the original filing fee.
(8) City Council Action on Preliminary Plat:
1. The City Council shall approve or disapprove a preliminary plat within one
hundred twenty (120) days following delivery of a complete application by the
I;Ipplicant to the City, unless an extension of the review period has been agreed
to by the applicant and City.
3. If the preliminary plat is approved by the City Council and the developer then
desires to amend the plat, the developer must submit an amended preliminary
plat to the City Council. If the City Council determine& that the scope of the
revisio'ns do not constitute a new plat. the Council can order the preliminary
plat amended to reflect the revisions with no additional fees charged. If the
City Council determines that the scope of the revisions do constitute a new
plat, the developer must reapply for preliminary plat review by both the Planning
Commission and City Council. In this case all preliminary platting fees will be
charged.
4. The consolidation of preliminary and final plat review may be requl;lsted by
the developer from the City Council. Such a request must be submitted to the
1187
\
14I 003
~
~ 10/28'i98 WED 14: 43 FAX 612 452 5550
6-6-1
SECTION:
6-6-1 ;
6-6-2:
6-6~3 :
6-6-4:
6-6-5 :
6-6-6:
6-6-7:
6-6-8 :
6-6-9 :
6-6-1 :
(A)
(8)
(C)
6-6-2 ;
(A)
491
CAMPBELL
I4J 004
6-6-2
OHAPTER 6
MINIMUM DESIGN STANDARDS
Oonform to Applicable Rules and Regulations
Streets
Blocks
Lots
Easements
Natural Features
Storm Water Agreement
Park Dedication
Utilities
CONFORMANCE TO APPLICABLE RULES AND REGU-
LATIONS:
Minnesota Statutes sections 462.351 through 462.364.
Requirements of the City Code, the Comprehensive Plan and City
Zoning Ordinance.
Stats laws regulating to platting requirements and regIstered land
surveys.
STREETS.
The arrangement of all streets. collectors and arterials shall
conform to the transportation seetion of the City of Prior Lake 14,
Comprehensive Plan. Except for cul-de-sacs, streets shall connect
with existing or dedicated streets and adjoining subdivisions or
provide for future connections to adjoining unsubdivided tracts or
shall be a reasonable projection of streets in the nearest
.10/28'/98 WED 14: 43 FAX 612 452 5550
CAMPBELL
6-6-2
6-6-2
<0:-.:,
A) subdivision. Streets shall be designed and located In relationship
to. elelstlng and planned streets. Such design shall minimize the
negative effect on the environment and on public convenience and
safety. .
(8) Street width and pavement width shall conform to the minimum
standards found In Table I. Final design Is dependent Llpon traffic
volume and soil factors. All other design factors must be in
accordance with the .Publlc Works Design Manual".
(See following page for Table If"
491
l4I005
;ltr
FILE COpy
TO:
FROM:
DATE:
RE:
CC:
Frank Boyles, City Manager
Jane Kansier, Planning coordinator~
October 2, 1998
Melbourne Larson Property
Don Rye, Planning Director
The attached letter from Bryce Huemoeller refers to the Melbourne Larson property, an 8
acre parcel of land located at the southwest comer of the Glynwater development. Mr.
Huemoeller is suggesting the staff should have required Wensmann to provide road
access and sewer and water service to this property.
We did not require this for the following reasons:
. This property is located outside the MUSA.
. The property has frontage on CR 82, through a 16 1/2' access easement. Services are,
or will, be available from CR 82, and can be extended to serve this property.
. The parcel is located within the Arctic Lake Shoreland District. The required
setbacks and the shape of the parcel will not allow the site to be split into more than
one lot.
. Mr. Huemoeller's clients have suggested the site will accommodate an 8-unit
building. The property is not currently zoned for this use, and the possibility that
such a building will fit on the site is questionable.
I have communicated this information to Mr. Huemoeller. Please let me know if you
have any questions.
Enclosure
1:\98fi1es\98corres\jane\frank.doc
, ~ .,~-~_.-..-..----._---~----------
SEP 9 1998
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
L. _._._.______...,_..._.."..
JAMES D. BATES
BRYCE D. HUEMOELLER
September 8, 1998
Telephone (612) 447-2131
Telecopier (612) 447-5628
Ms. Jane A. Kansier
Prior Lake Planning Department
16200 Eagle Creek Ave SE
Prior Lake, MN 55372-1714
Re: Melbourne Larson Property in East 16 acres of NW t;4 of SW
I/.. of Section 34, Township 115, Range 22, Scott County, MN
Dear Ms. Kansier:
I talked with Larry Gensmer regarding your September 2 response to my inquiry
about the access easement to the Melbourne Larson property in Section 34 and the
question of connecting the property to public utilities.
It occurs to us that Chapter 6 of the Prior Lake Subdivision Ordinance, as it has
been interpreted by the City in all but one instance, would require the extension of
streets and utilities to the boundary of the Larson property.
Section 6-6-2(A) requires that streets connect the adjoining subdivided tracts;
Section 6-7-8 requires that water service connections be stubbed to the property line so
as to serve adjacent properties; and the requirement in Section 6-7-9 that sanitary sewer
mains and service connections be installed to serve all lots and interconnected with the
public system indicates an intention to require the extension of sewer service to
property lines so as to provide for the future connection of adjoining property.
Since the requirement in the Subdivision Ordinance for extending streets and
utilities to the property line is for the purpose of facilitating future development of the
adjacent property, the requirement of the Ordinance should apply to this situation even
though the Larson property is not yet within the MUSA.
,.
.
,I
,
Ms. Jane A. Kansier
Page 2
September 8, 1998
Furthermore, since the minimum design standards for subdivisions as set forth in
Chapter 6 of the Prior Lake Subdivision Ordinance appear to require the extension of
streets and utilities to the boundary of the Larson property, these issues are not simply
private development matters and must be addressed by the City in connection with its
review and approval of the adjacent Wensmann development.
Sincerely yours,
\~~
Bryce D. Huemoeller -
BDH:dmw
cc: Larry R. Gensmer
Susan McDermott, Prior Lake
Engineering Dept.
nlE COPl
September 2, 1998
Bryce Huemoeller
Huemoeller & Bates
16670 Franklin Trail
PO Box 67
Prior Lake, MN 55372
RE: Melbourne Larson Property
Dear Mr. Huemoeller:
According to the records at the Scott County Recorder's Office, there is a 16.5' wide
access easement to the Melbourne Larson property from County Road 82. This
apparently is the access to this site. The use of this easement for trail purposes is not
critical since the City now has a planned trail through the Glynwater development.
We have also informed Mr. Gensmer that this property is not located within the MUSA at
this time. Therefore, we will not extend sewer and water service to the property. If the
MUSA boundary is extended to include this site at some point in the future, it is up to Mr.
Gensmer to work with the developer of Glynwater to extend services. If necessary, Mr.
Gensmer will also be required to obtain an easement through the park land for a sewer
and water line. It is also likely that sewer and water will be available in County Road 82
for extension to this site.
It is the City's position that the issues raised in your letter are private development
matters. The City will not participate in the cost of extending a driveway or sewer and
water to this site.
If you have any questions, please contact me at 447-4230.
Sincerely,
a.~
~. Kansier, AICP
Planning Coordinator
c: DRC Members
16200 Ea~~I~~r~~~II~~~~~<L%ke, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
HUEMOELLER & BATES
ATTORNEYS AT LAW
16670 FRANKLIN TRAIL
POST OFFICE BOX 67
PRIOR LAKE, MINNESOTA 55372
AUG 2 I 1998
JAMES D. BATES
BRYCE D. HUEMOELLER
August 20, 1998
Telephone (612) 447.2131
Telecopier (612) 447.5628
Paul Hokeness
City of Prior Lake Park Director
16200 Eagle Creek A venue
Prior Lake, MN 55372
Re: Melbourne Larson Property in East 16 acres of NW 1,4 of SW
1,4 of Section 34, Township 115, Range 22, Scott County, MN
Dear Mr. Hokeness:
I am writing on behalf of Larry R. Gensmer, who has an agreement to purchase
the Melbourne Larson property in Section 34. This letter relates to the 16.5 foot
easement that provides access to the property.
The City of Prior Lake has apparently acquired fee title to the 16.5 foot strip
after forfeiture for nonpayment of real estate taxes. The tax forfeiture and subsequent
acquisition of the strip by the City would have been subject to the appurtenant easement
for access to the Larson property.
The easement rights extend over the entire 16.5 foot width of the strip of land.
By virtue of its relatively narrow width, the easement has just enough area for a driving
surface and ditches for proper drainage, snow removal and maintenance.
Any use of the easement by the fee owner of the strip (that is, the City of Prior
Lake) must not interfere with the use by the easement holder. At this point, it does not
appear to Larry that there is adequate room within the 16.5 foot strip for both a
driveway and also for a public trail connecting The Wilds with the park land to be
dedicated by Wensmann. Such a trail would result in a material interference with the
use of the strip for access to the Larson property and would not be permissible without
formal condemnation proceedings.
It is my understanding that Larry would consider alternate access through the
Wensmann development to Gylnwater Trail, if such access can be arranged by the City
so as to be perpetual, appurtenant to the parcels that comprise the Larson property, and
practical. .
{ .)
Paul Hokeness
Page 2
August 20, 1998
Larry would also consider the extension of city services to the Larson property if
that can be accomplished in a practical and economically feasible manner.
At the present time, it is Larry's position that his proposed use of the 16.5 foot
access strip to the Larson properties will preclude the proposed concurrent use of the
strip for a trail connecting city park land. An alternate source of access would be
considered if it is permanent and practical. The extension of city services to the Larson
property would also be considered if it is practical and economically feasible.
Sincerely yours,
BDH:jd
cc: Larry R. Gensmer
Susan McDermott, Prior Lake Engineering Dept.
Jane Kansier, Prior Lake Planning Dept.
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6-4-3 6-4-3
(0) Schematic plan and profile of utilities and streets including the
following data: typical street cross section, vertical profile of streets
including vertical curve data and utilities profiles: the schematic
layout of storm sewer, sanitary sewer and watermain; invert
elevations, and gradients are required for the sanitary sewer; a site
grading plan showing existing and proposed contours, drainage
direction and drainage areas. The above data shall be submitted by
a registered civil engineer.
:E)
Layout, numbers and preliminary lot dimensions including their area,
blocks, and building setback lines.
;F) Areas, other than streets, pedestrian ways and utility easements,
intended to be dedicated or reserved for public use, including the
Ejize of such area or areas in acres.
G. ) ny parcel proposed for platting shall recognize the orderly and
ogical extension of streets and utilities into adjacent parcels.
(H) A general statement of the proposed location of utilities such as gas,
electricity and cable. All such utilities must be underground.
(I) Proposed protective owners or deed restrictions.
(J) Statement of the proposed use of lots stating type of buildings,
number of proposed dwelling units, type of business or industry so
as to reveal the effect of the development on traffic, fire hazards and
population.
(K) When required by the City Planner, a general landscaping plan
showing plantings, berms, fences, lighting, parking layout, sidewalk
and trails shall be submitted. (Ord. 87-10, 8-17-87)
(L) The developer shall submit a planting concept plan which, in general
terms, addresses tree planting requirements of Section 6-7-1. The
plan shall be drawn at the same scale as the preliminary plat and
should include such elements as the name, size and approximate
location of proposed subdivision trees. (Ord. 88-08, 2-16-88)
(M) A site construction plan including:
1. Locations and dimensions of all proposed land disturbing activities
and any phasing of those activities.
2. Locations and dimensions of all temporary soil and dirt stockpiles.
294
City of Prior Lake
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(C) Local residential streets shall be laid out to conform as much as
possible to the topography, to discourage through traffic, to permit
efficient drainage and utility system and to provide a minimum
number of necessary streets for convenient and safe access to the
property.
(0) Half Streets: Half streets shall be prohibited, except where essential
to the reasonable development of the subdivision and in conformity
with other requirements of these regulations. In those instances
where a half street is accepted, the other half must be dedicated
when the adjoining property is subdivided. Any half street providing
access to a lot shall not receive a building permit until the other half
of the street has been platted.
(E) Cul-de-sacs: The maximum length of a cul-de-sac shall be five
hundred feet (500') measured along the center line from the
intersection of origin to the end of right of way. If the development
plan for the overall area calls for the extension of the street, then an
appropriate turn around must be developed. Eyebrow cul-de-sacs
shall not be permitted except under unique circumstances.
(F)
Grades: All center line grades shall be at least five percent (5%) and
shall not exceed ten percent (10%).
(G)
Service Streets: Where a subdivision abuts or contains an existing or
planned major thoroughfare or a railroad right of way, the Council
may require a street approximately parallel to and on each side of
such right of way for adequate protection of properties and to afford
separation of through and local traffic.
(H) Reserve Strips: Reserve strips controlling access to streets shall be
prohibited except under conditions approved by the Council.
(I)
Private Streets: Private streets shall not be approved nor shall any
public improvements be installed for any private street unless
approved by the Council. Private streets may be permitted in
planned unit developments. .
G
Hardship to Adjoining Property Owners Avoided: The street
arrangements shall not be such as to cause.J1ardship to owners of
adjoining property in platting their own lan~roviding convenient
access to it. - ---.-,
(K) Intersections: The angle formed by intersections shall be as close to
ninety degrees (900) as possible unless unique circumstances
City of Prior Lake
1094