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Home My WebLink About99-002 Admin Plat ~ CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Cindy Geis Scott County Department of Taxation Phone: 496-8167 Fax phone: 496-8135 cc: Date: June 7, 2001 Number of pages including cover 2 sheet: From: Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9810 Fax phone: (952) 447-4245 REMARKS: o Urgent o Please comment ~ For your review 0 Reply ASAP Attached is the letter I sent to Erick Vedeen. Please let me know if you have any questions. June 7, 2001 Erick Vedeen 15287 Fairbanks Trail Prior Lake, MN 55372 RE: Combination of Lots Dear Mr. Vedeen: It has come to my attention that you have purchased the portion of Lot 7, Maple Park Shore Acres, adjacent to your property at 15287 Fairbanks Trail. Please be advised that this lot and your existing lot (Lot 8 and part of Lot 7, Maple Park Shore Acres) are nonconforming lots in terms of lot area and lot width. Section 1101.501 (3,c) of the City of Prior Lake Zoning Ordinance states the following: If 2 or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of or subsequent to the passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements established for lot area and lot width, the lands involved shall be considered to be an individual parcel for the purpose of this Ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot area or lot width requirements established by the Ordinance, nor shall any division of any parcel be made which creates a lot with area or width below the requirements of this. Ordinance. If necessary to assure compliance with other provisions of this Ordinance, the lots shall be combined, except that owners of nonconforming lots of record in common ownership may convey ownership of one or more lots to another owner until January 20,2000. (amd. Ord. 99-18 - pub. 11/20/99). Under this provision, the two lots you own will be considered a single lot, regardless of whether they have been issued separate PID numbers. We wanted you to be aware of this fact as it may affect the future resale of these parcels. If you have questions, please contact me directly at 447-4230. Sincerely, a.~ J e Kansier, AICP anning Coordinator C: Cindy Geis, Scott County Department of Taxation J:IOOfileslOOadplatlOO-033\1ot combination.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 06/06/01 WED 11:54 FAX 6124968135 SCOTT COUNTY TAXATION III 001 SCOTT COUNTY DEPARTMENT OF TAXATION GOVERNMENT CENTER 200 FOURTH AVENUE WEST SHAKOPEE, MN 55379 (952) 496-8115 LEROY T. ARNOLDI DEf'ARTMENT OF TAXATION, DIRECTOR Fax: (952) 496-8135 larnoldi@co.seott.mn.us http://www.co.scott.mn.us FAX Date: June 6, 2001 Number of pages Including cover sheet: 3 To: From: Jane Kansier Cindy Geis Scott County Department of Taxation Analyst Prior Lake City Phone: (952) 447-9812 Phone: (952) 496-8167 Fax Phone: (952) 447-4245 Fax Phone: (952) 496-8135 cc: REMARKS: o Urgent r&1 For your review o Reply ASAP o Please Comment Erick V cdecn Property (2) Warranty deeds filed yesterday with Mesenbrink & G and R Enterprises transferring each of their 50% interest in Lot 7 to Erick P. Vedeen 06/06/01 WED 11:54 FAX 6124968135 SCOTT COUNTY TAXATION IgJ 002 /" ~(J~ ~L{. ~ 3'. WARRANTY DEED CDrporatiDn Dr Partncrship to IndividuaJ(s) STATE DEED TAX DUE HEREON: $ J"3.7.5" -WELL CERllFICATE RECEIVED -+-WEU CERTJfJCAfE NUT REQUIRED Date: April 11th, 2001 FOR VALUABLE CONSIDERATION, G and R Enterprises, Inc., a corporation under the laws of the State of Minnesota, Grantor, hereby convey(s) and warrant(s) to Erick P. Vedeen, Grantee(s), real property in SCOTT County, Minnesota, described as follows: That part of Lot 7, MAPLE PARK SHORE ACRES, lying easterly of the following described line: Beginning at a point on the southerly line of said Lot 7, distant 6.23 feet northeasterly of the southwesterly corner of said Lot 7, thence northwesterly to a point on the northerly line of said Lot 7, distant 7.60 feet easterly of the northwesterly co.~ of ,old 1.0, 7. """ ..... fenninoCina. ~ 5-03~ool -d-.... - \\L~ "Th. S.ller errtifies ,/uu 'he Seller does ~. bww of """ ~lls ~ 'he demihed Hedl p~peny_ .. ~ \1. #~ ui' \\ 51) (if more space is needed, continue on back) \i) \ f) together wilh all hereditaments and appurtenances belonging thereto, subject to the .'Qllowing exceptions: Subject to easements, restrictions, reservations of record, if any. {'(J \ O'c ~ Affix Deed TaJI. Stamp Here ~ '"--.. n . . . .~...4?e/-?", Name: . Larry G mer Title: President STATE OF MINNESOTA} COUNTY OF SCOTT ss. The foregoing instrument was acknowledged befoJ:e me this 1 I th day of April, 2001, by Larry Gcnsmer, President of G and R Enterprises, Inc., a corporation under the laws of the State of Minnesota, on behalf of the corporation. Grantor. NT NOTARIAL S1'AMP Ok s~qR.9:rt'.:~~~~ OR RANK) 'J~t!I'CI.DVlEY ~ ~~!'i2ClUC.".~' a Cail::2I!:r,~."~ ..... .:._...;~- Tax Statements for Ille real property dcscribc:d in !his instrument shDuld I:>e sent to (Include name anel aelelress o1'Gntntce): Erick 1'. Vedcen IS287 Pairbanks Trail Priur Lake, MN SS379 IllS INSTRUMENT W ^S DRAFTED BY (NAME AND ADDRESs ~ KDhlrusc:h Scott/Carver Abstract Co.. Inc. 128 West 3rt! Avenue P.O. J.lOl( 35S Shakopee, MN 55379 File ND. ST7561B 06/06/01 , WED 11:54 FAX 6124968135 vcJ-ti ~1t ~VvJ~C; ~ stf\' ~ SCOTT COUNTY TAXATION I4J 003 3'. ~ ~1S" 3 \ q.5J ~ 1. or2~ W ARRANTv DEED lndividual(s) to IndividuaJ(s) STATE DEED TAX DUE HEREON: $ 103.95 ~WEU. CERTIfiCATE RECEMD ~WElL CERTIFICATE NOT ftEQUJRfIJ Dale: April 11th, 2001 FOR VALUABLE CONSlDERATION, John Mesenbrink and Mary Mesenbrink, husband and wife, Grantor($). hereby convey(s) and warram(s) to Erick P. Vedcen. Grantee(s), real property in SCOTT County, Minnesota, described as follows: That part of Lot 7, MAPLE PARK SHORE ACRES, lying easterJy of the foUowing described line: Beginning al a point on the southerly line of said Lot 7. distant 6.23 feet northeasterly of the southwesterly comer of said Lot 7. thence nonhwesterly to a point on the northerly line of said Lot 7, distant 7.60 feet easterly of the northwC$terly corner of said Lot 7. and there terminating. ~ cJ-CJ3l, OO'\-{) "The Seller cenifies chaJ the Seller does n~~ know of any wells on the described real properry. H (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. subject to the followjng exceptions: Subject to easements, restrictions. reservations of record, if any. Affix Deed Tax Stamp Here ~~. /00 Mesenbrink ,r' ./ /~/ ~ ~ ~~~//?.tf Mary MeSe~tnk STATE OF MINNESOTA} COUNTY OF SCOTT S8. The foregoing instrument was acknowledged before me this 11th day of April, 2001, by John Mesenbrink and Mary Mesenbrink, husband wife, Grantor(s). NllTARIAL STAMP O~. SEAJ.~OR .9~ OR RANK) . UNDACUMlV ;. . NOJJUIIfllllwc.-..ma . . ~on~-,.u...j .... ""'. -' '.--...rr* ~lJ Tax Sllltcmcnl, for the real property dClicribc:c1 in this instnlmenl should be sc;:nllo (Include nallle anu addrClls Qf G",J1lce)~ Brick P. Vedeen lS287 P81rbanks Trllll Prior Lake, MN S5372 trHIS INS'I'RUMBNT WAS DRAFT!!!> BY (NAME AND ADDR1!SS .,. Kohhu~cl1 Scott/Carver Ablib1lCI Co., (nc, 128 West 3n1 Avcnue;: P.O. Box 355 Shakopce, MN 55379 Filc No. S17561 04/15/1999 14:03 6123496409 SCHOLLEBEI SELMETCALF PAGE 01 .. ........-. -- VEDEEN DECK ENCROACHMENT OUR FILE NO.: 6407-98CW VOICE MAIL MESSAGE SENT MONDAY. MARCil 8. 1999 Mr. Beisel~ um... Good Morning, my name is Susan Pace in the city attorney for Prior Lake. urn... I am responding to your letter to my partner, urn... Tom Scott. I actually quite frankly don~t ever recall talking to you, although you made that representation in the letter. Urn... I talked to the city~ urn... and a... I think we've come up with a solution both to the administrative subdivision issue and the issue they variance. With respect to the administrative subdivision we'll let it go with not being required. However, we need a letter from the two owners, Mesenbrink and his, 8... Mesenbrink Construction and Engineering and G and R Enterprises stating that they understand that, urn... their lot is nonconforming, that they have increased the nonconformity and that the lot is not (buildable??). Urn... with respect to the variance~ we'Hlet the variance go if we have from your client a a... recordable document that urn... the city is actually going to prepare stating that um... no variance is needed this time, the deck is nonconforming because of set back in the event that is um... destroyed um... to a certain percentage and can't be rebuilt, unless it does get a variance to comply with the setback. So, that is the solution. I am going to be out of town the rest of today and tomorrow, back in the office on Wednesday. Feel free to call me, um... 651/452- 5000. Thanks. Bye-Bye. --...-. ----... ..........-... ., . ...... ....... . .......-.-.-...--.........--- Post-It.. brand fax transmittal memo 7671 To ~ F'..m Co. Co. Dept. Phone" L.....^ L "~ ", __., . L ~_~..A , CAMPBELL KNUTSON Professional Association Attorneys at Law Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Suesan Lea Pace (651) 452~5000 Fax (651) 452~5550 Joel J. Jamnik Andrea McDowell Poehler Matthew K. Brokl* John F. Kelly Matthew J. Foli Marguerite M. McCarron . Also Ucensed in \~'isconsin FAX COVER SHEET PLEASE DELIVER THE FOllOWING PAGE(S) TO: , NAME: Jane. kanSl€r FAX NUMBER: tor 2..~441... 42.45 SENDER: vUesC1n Lea P01C ~ 2- DATE: ADr, I I J~ I 19q~ I FAX #: (651) 452-5550 TOTAL NUMBER OF PAGES: (INCLUDING COVER PAGE) r IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL. Susan ku YIOlf) AT (651) 452-5000. RE: COMMENTS:~se 81V~ a QD fL~ +0 DDnl o ORIGINAL TO FOllOW BY MAIL. NOTICE OF CONFIDENTIALITY The information contained in and transmitted with this facsimile is: 1. SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE; 2. ATTORNEY WORK PRODUCT; OR 3. CONFIDENTIAL. It is intended only for the individual or entity designated above. You are hereby notified that any dissemination, distribution, copying or use of or reliance upon the information contained in or transmitted with this facsimile by or to anyone other than the recipient designated above by the sender Is unauthorized and strictly prohibited. If you have received this facsimile in error, please notify CAMPBELL KNUTSON BY TELEPHONE AT (651) 452-5000 IMMEDIATELY. Any facsimile erroneously . transmitted to you should be immediately returned to the sender by U.S. Mail or, if authorization is granted by sender, destroyed. Suite 317 · Eagandale Office Center · .1380 Corporate Center Curve . Eagan, MN 55121 SCHOLLE, BEISEL & METCALF, LTD. MARK SCHOLLE BRADLEY N. BEISEL ROBERT S. METCALF LESLIE C. SCHOllE (1909.1988) AlTORNEYS AT LAW 430 PILLSBURY CENTER 200 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402.1488 TELEPHONE 612/338.1330 FACSIMILE 612/349;6409 OF COUNSEL STEPHEN G. SCHOLLE JOHN E. CRABTREE III February 15, 1999 Celebrating' 50 Years of Service to Our Clients ~1r. Thomas :M. Scott Campbell Knutson, Professional Association 1380 Corporate Center Curve Eagan, MN 55121 RE: Boundary adjustment to property in Prior Lake, MN. Our File No.: 6407-98CW Dear Mr. Scott: I am writing in hopes that you will advise the City of Prior Lake to change its position concerning the approval of a deed given by one owner to another to adjust their common boundary line. I have discussed the matter with Mr. Knutson and Ms. Pace of your office, as well as with Ms. Kansier of the City. Pat Boekman, the Scott County Recorder is also aware of the situation and wants to see it resolved quickly. The Subject Properties are Lots 7 and 8 of Maple Park Shores. My client Erick Vedeen, who owns Lot 8, owns a deck attached to his house which encroaches slightly onto Lot 7. Lot 7 is owned by Mesenbrink Construction & Engineering, Inc. and G and R Enterprises, Inc., both Minnesota corporations. To remedy this situation, the two owners agreed that a small portion of Lot 7 would be conveyed to Mr. Vedeen. A surveyor drafted an appropriate legal description and a Quitclaim Deed was prepared, executed and delivered. The deed specifically recited: "This deed is given to adjust a disputed boundary line pursuant to Minn. Stat. 9462. 352 Subd. 12 and does not constitute a subdivision. " After submitting the Deed to the City for approval I was advised that it would not be approved by the City for two reasons: first, the City felt that subdivision approval needed to be granted, and second the City felt that a variance was needed because Lot 7 was a non- conforming lot. Apparently, Lot 7 is smaller than what the zoning code specifies, and the City feels that conveying away even a small part of it would result in an increase in the non- conforming nature of Lot 7. It is my understanding that your office has advised the City that a subdivision is not required under these facts. However, I am still left with petitioning for a variance and the attendant delays and expenses. This requirement seems wholly unwarranted under our facts because Mr. Scott February 15, 1999 Page 2 Lot 7 is a recreational lake lot. It has no house on it. My understanding is that the owners of Lot 7 fully understand that the lot cannot be built upon, and that they were aware of this when they gave the Quitclaim Deed. Furthermore, I believe that Lot 7 has no other adjoining property. I can think of no valid objection that anyone could have to the lot line adjustment because Lot 7 has no neighbors other than Mr. Vedeen. I have enclosed with this letter copies of the Quitclaim Deed, a survey of Lot 7, a drawing of the portion of Lot 7 to be conveyed and Ms. Kansier's letter to me of December 23, 1998 (without enclosures). I hope you will consider this matter and advise the City to approve the Quitclaim Deed for recording. I look fOlWard to your response. Very truly yours, BNB:jrnf Enclosure cc: Mr. Erick Vedeen Ms. Ann O. Peterson SURVEY PAEf'AIfEO 'OR ERICK VE DEEN C/O KOHLRUSCH ABSTRACT PO BO)( 35' SHAWOI"E[. ""I !l5J1!J Valley Surveying Co., p. A. SUITE 120~C, FRANKLIN TRAIL OFFICE CONDOMINIUM 16610 FRANkLIN TRAIL S. E. PRIOR LAKE. MII'mESOTA 5~372 TELEPHONE (61~)~41.~"O ~ .... ';"''':';/;1~' ",',. ".,.,...~ ~:':~;;\ \ "" - . "" \ "'", \ ~ \ """" \ """, \ >.. ".... ; / -~\ \\\, ~~ \ ;{> // \ III" \\V/ '.; !N"'I~ ... , ~~ \..~ o?o ?O' ~ 1?l~t.....n:..r r...t 7. 1lIIn.! r..."./l ~",.r. AOu:I, ~t o",..tJ" I'I,.....~, ci.~lteoodI 1l.'..11_1O. 8olo:JI....t,.,..t.. ro:>l"t 0'1 th. -.utt.o..-J, llNo Of "'1" tl:'t 1. "1l"tNtf: 1.13 r""'t ......th_t~flr .,f t,,", .....1t......,.t~fl1' llIlIrhft' ...( Mid Lnt 11 c....ocoo ""c'J1 11 ,....,~...~ l)f "''''''t.,. .... "-" ""0' ..,.,..,,--, ~rl", I"""'l .. 11_ otr".... ~ .. ,.,h.t "'" t.... ftrTthtldy 1Ir- <'If Mh'Lflt 1. dl"t....t 1.60 h..-: ......t....I' rr t"'" _t~..r1, C':I"'.C' ..r ....let v..o; 'I tl't.~.. llout" U ~..... 0, ..anut... S5 ~ e.."t . d'et._ 0' is?.l' '....t1 tto..~ Soootll II ~n_ 01 "''''It..,. XI ~ r...,ot II dlltt...no:"..( ".'1 'Not t" u.. p.h.t or t-JI"'I"'1. ('....1:"1..1'-1 .)tI'.l............~ '_to o to 20 F ~ SOU: 'N rU r o 0-0... .... '-"'- _. . 0.-.,." '""" "",,-,~ ~ ,.,..."" 12/111'1') r. etft~1 l"?IItl..er;,.".... I ...., c...., ..." lNI ~ 100'....10..,..,........,.,,,,. f1,l't:t~""""'WIhotI_ ."""ru..- l....,s..w.,lIO' ~..,...IIt""'$I."'ot r.."'.:P-~ ~ O'''~lJI:....tIO.llJI8:t /f, . V' In n -e ka.n5;er '1'1 7 - <I). '1-5- "J~;yJ 5<..ft flr).- sT~D Bn-.o..t{ Be ;5e( f'h 33 i. /"3, -~u 'f/--6l?'1 ,'III Il'ff (Of,^,I\IIII'l-P 1'01111 Nfl, 051-1\1 1\].11\111,1\",1'\1""",1111 ~lil1l1t";"!:Illl1ili>lIll('Clll\C'.Plltill,~llI;!"l..( !'IIM) (~"I""r't!cn(ll-I'~_I~I~l"'Cml_~:llitN~I\'I~;hil~____ No delinquent taxl'S aud transfer entered; Certilicatc of Real Estale Value ( ) filed ( ......)"ot required Certificatc of I' fstatc Valuc No. /..({ ,192'.P r/L:~/ /~,~/ ~~) hy ~~ a_.~ Couuty Auditor ---.--------- Dcputy STME DEED TAX DUE IIEREON: $ I. " ~ /)ate: J"VI.r' .3(), 19'1'3' FOR VAI.UAllLE CONSIDERATION, Mesenbrink Construction &. Engineering, Inc., a corporalionunder the laws or Minnesoln, nnd G nnd R Enterprises, Inc. n corpomlionunder lhe laws of Minnesoln, Grnntors, herehy conveys and quitclaims 10 Erick P. Vedeeu, real properly in Seoll Counly, Mirmesola, described as follow", (rc5crvrd (ill rcc,"diu!! d:tla) Thai part ofl.ol 7, MAPI.E PARK SIIORE ACRES, Scoll County, Minnesota, described as lbllows: Beginning at a point onth!! southcrly line of said Lot 7, dislant 6.23 rs.~t,.l}(Hlhe:~lcrl'y oflhc soulhwesterly eorncr or saki Lot 7; thcnec North 17 degrees 04 Minutes 44 seeonds'~01s~~~illed bearing along a linc drawn to a point on the northerly line of said Lot 7, distant 7.60 feel easlerly oflhc northwcstcrly corncr of said Lot 7; thencc South 22 degrces 05 minutes 55 seconds Easl n dislance of 69.13 fecI; Ihencc Soulh 11 degrecs 02 minutcs 30 seconds East a dislancc of 57.51 feel 10 lhe poinl orbeginning. Containing 381.2 square fecI. .;{S' o.3t, ()~7 / I()~e{her wilh all he"eclilmnenl~ and apl'nrlen"nce~ belonging thereto. Thi. c1oc:! b g;,'cn In ''''.j...1 " c1i<r"!c" hallll"'''')' line Pu,"u"..l (0 Millll. Stat. ~'IG2.-'~7. ,,,1111. 12 nn,1 ,I"c, nn! cOlIslifnfe fI s1Ihdi\'i.lliiun. No ~ //(J Dc;';; Tpx I].qr~ 01 $ /, /l..5' paid fh,s -7-=. day ol12t!-(,. 19 ~ '!l~l-,))ll!!,lb,.-!Jr.OIl~!Y Treasurer Am" Deed Tn'( Slmnp 11[-ffi1scrl'alion Frc fair! Ju-. . STATE OF l\HNNESOTA COUNTY OF S c:... c:. -r ...,- } ss. The roregoing instrument was acknowledged berore me this .]0 TH day or ::!vt..Y .1998, hr .;:rO~1\ tlft:J~..tr"..k . .the PfCfS.'d~..f orMesenbdl1k Conslruelion & Engil1eerillg, IIIe. a corl'oralionun'der Ihe laws or MlI1n~ota,on b.:halrorlhceorp'Jraliull. <4'''' "r I..,,.,.,. GC-1S......r, frets:c/e,,+- ...p 6-....." K .!'.,tt:.."r:~e.:.., N(~ItIAUTAOJI'''R-''''.~". . :Z:'H.., " ,..,~....... ..or.. ..... ,Jel,../-P .f f."'..e. '.Drfl' :""~.:::'..O:"~""e&~_. !.J'~IT"'ltMN~) ~ f'.:''''' WADE KOHlRUSCH _____._._._ . ; ..' ,:.- '. ': tlOTMY PUBUC-MINNESOTA . . _ .' ___ I: !:fi4~) SCOTTCOUmY . I .W;N^'lJIlE()Frl;/tSoN'I^~ING^(,~N(JI\'I.""G~"'.Nr ~ ~~!# My Comm. Expires 01-31.00 '-~"'."-,~:~~,;!"..;.~..,,:~~:ee~..!;~,!;.::;:.e::-= ~-:::. . T:lo"( Slal<-lIIcl1f~ fiJr Ihe real properly dc!\'crihcd illlhi!li ill!'ihulIlcnf ~houlcl he .:"CIII (0 (Include "anI(" Dnd :ltJdlc:;:c: orG,:llllcc): Er~ck P. Veueen 15287 Fairbanks Trail NE Prior Lake, MN 55372 083117 VEDEEN -I. SCOTT T 29281 Rec0l"ding Specia.usts. 11''::0. 79 Wester." AVe. N. Sui te C St. Pall, ~lIJ 55102 CO"I"I Bl\31C 'IIII~ IN~II{I'r.IENT WAS f)Ri\Fllm "Y(N/\ME^NI)^I.JIlRH:';~) IJradley N. IJci~c1 Scholle, Beisel & Melcalr, Lid. 4)0 l'illsblllY Center Milllle"p(1li~, MN 55402.14~8 --------------.--.---- 12/t3/98 WED 16:12 FAX 6124474245 CITY OF PRIOR LAKE '.. ~002 FILE COpy December 23, 1998 Bradley N. Beisel Scholle, Seisel & Metcalf, Ltd. 430 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402-1488 RE: Application for an Administrative land Division Dear Mr. Beisel: I have reviewed the Quit Claim Deed for the Vedeen/Mesenbrink property. The City of Prior Lake Subdivision Ordinance requires any subdivision of property, including lot line adjustments, be processed through the Administrative Land Division procedure. If either of the lots do not met current standards, a variance is also required. I have enclosed a copy of SectJon 6-1-3 of the Subdivision Ordinance for your information. I have also attached an application for an Administrative Land Division. Please return this application along with the necessary attachments to me, and e will process the subdivision. Nonnally, the process takes 10 to 14 days to process; however, if a variance is required, this application must be considered by the City Council. If you have any questions about this application or the process, please contact me at 447-4230. Sincerely, ~ ,.r---..... . /J . . '. .-' 'Q'NL...Vt'. {If!ne A. Kansier, lep '---Planning Coordinator Enclosure 16200 Ea~~~~~~~~g~ Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORlUNITY E.'4PLOYER U-IKK r l"t./V:;'/Vlt.tt RT. I, BOX'227 PRIC!R lAKE, MN, 55372 vOlley t.ng/neerlng Co., Inc. SUITE 120- C, /6670 FRANKLIN TRAil FRANKLIN TRAIL OFFICE CONDOMINIUM FRIOR LAKE, MINNESOTA 55372 TELEPHONE 16/2) 447-2570 447-324/ --- -- ---- ------........, ~ T PLATTED ROAD ", ~ 25 F, . 5 TRAIL '11017" FAIR BAN K '\ N'ly 1~;~IOo06.E fd~3.,M. _ _ -::sr;-.:-- - NW',yCO,..1 \ N 1533'. _~.~, ___ J-~~-~l<\'. ."'- Fd 1/2"1."") 1.60~ \ ~. DESCRIPTION: DRIVE \ , \ , , \ , , , /./) ,.. / , ,.. \/ -' Fd Angl. Iron "--. "-.:""'>'. r I ~I Q-. fI'P</! n<i:'O /i ~ /::', \ #/. \\ I ,f" '\ /' J I L 'n"",on Beginning at a point on the southerly line of said Lot 7. distant 6.23 feet northeasterly of the southwesterly corner of said Lot 7; thence northwesterly to a point on the northerlr line of said Lot 7. distant 7.60 feet easterly of the northwesterly corner of said Lot 7, and o 20 40 there terminating. I - ~ SCALE IN FEET o o.oot.. Iron monument set. · o.notes Iron monument found, -r-r EXISTING GAFtAOE .-, , I f.';<ISTING HOUSE SW")' Cor. of lor 7_ That part of Lot 7. MAPLE PARK SHORE ACRES, Scott County, Minnesota. Lying easterly of the fOllowing described line: :. (, . ,F' 'If V ~ O)qj , 0' 'II q,A... ..~ I hereby certify mot this survey was prepared by me or under my direct supervision and that I om o dIlly Licensed Land Surveyor under the lows of rhe State of MInnesota. Dote FILE NO 715/ BI< 156 License NO. 10183 PG 60 / I I f I ~ 272.15 GENERAL PROPERTY TAXEs Historical Note Laws 1897, c. 344. The 1976 amendment changed the title of register of deeds to county recorder. The 1986 amendment authorized the rem . al of nonsubstantive gender specific referenc:': Derivation: St.1927, ~ 2214. Gen.St.1923, ~ 2214. Gen.St.1913, ~ 2195. Rev.Laws 1905, ~ 988. , i I Cross References Accounting by county attorney, see ~ 388.13. Library References Records 1$::>6. WESTLA W Topic No. 326. CJ.S. Records ~~ 9 to 18. i ! I I: . ~ I ~ II # i/it~ '1 t .." , ' ; I I;, : , ~ ," I Notes of Decisions surface rights had been forfeited to state. Op. Atty. Gen., 373-B-9-b, Aug. 3, 1954. Certification by county attorney 3 Errors in original plat 1 Fees 4 Mineral rights 2 3. Certification by county attorney The power of county attorney to certify that deed is to correct title is limited by this section. Op.Atty.Gen., 373-B-17-D, July 12, 1945. 1. Errors in original plat This section does not apply to a corrected plat intended to correct errors in an original plat. Op.Atty.Gen., 373-B-15, Oct. IS, 1956. 2. Mineral rights This section has no application to deed to mineral rights which was not given to correct defect in title or on account of technical error in prior conveyance which were given after 4. Fees It was necessary for county attorney under St.1927, ~ 933 (see, now, ~ 388.13) to include in his report and turn over to the county trea- surer any fees collected under St.1927, ~ 2215 (see, now, this section). Op.Atty.Gen.1938, No. 133, p. 263. ; t 272.16. Transfer of specific part When any part less than the whole of any parcel of land, as charged in the tax lists, is conveyed, the county auditor shall transfer the same whenever- the seller and purchaser agree, in a writing signed by them, or personally appear before the county auditor and agree, upon the amount of the gross tax capacity to be transferred therewith; but, if the seller and purchaser do not so agree, the county auditor shall make such division of the gross tax capacity as may appear to the auditor just. If the county auditor is satisfied that the proportion of the gross tax capacity so agreed to be transferred is greater than the proportional value of the land to be transferred therewith, and that such agreement was made by collusion of the parties, and with a view fraudulently to evade payment of taxes assessed on the entire parcel, the auditor may refuse to make such transfer; and, when any such transfer has already been procured by fraudulent agreement, the auditor shall cancel the same, and the land so transferred shall be charged with taxes in the same manner as though the transfer had not been made. Amended by Laws 1986, c. 444; Laws 1988, c. 719, art. 5, ~ 84. 266 ; 1 , i ",'" ; f 1."- : Ii j a1 rc , i ( 1 A 272.12 Note 24 24. Taxes unpaid after Indorsement Indorsement by the county auditor on a con- veyance of real estate of taxes paid does not estop the. state. to claim that there are taxes unpaid. In re Barber, 1883, 31 Minn. 256, 17 N.W. 473. GENERAL PROPERTY TAXEs 25. Tax refund Where taxes had been voluntarily paid by agent of former owner of land without misrep- resentation of any fact which county treasurer or auditor were legally obligated to keep cor- reedy, refundment of tax not authorized. Op. Atty.Gen., 424-A-9, Aug. 29, 1951. 26. Certification and transfer Where warranty deed was presented to coun- ty auditor for certification as to taxes and deed described portion of lot already transferred by grantor to another, situation did not preclude auditor from making certification as to taxes and from transferring land upon his books so as to show second grantee owner of all proper- ty with the exception of portion previously conveyed. Op.Atty.Gen., 1954, No. 174, p. 342. 272.121. Current tax on divided parcels Subdivision 1. Certification of payment. Except as provided in subdivi- sion 2, if a deed or other instrument conveys a parcel of land that is less than a whole parcel of land as described in the current tax list, the county auditor shall not transfer or divide the land in the auditor's official records, and the county recorder shall not file and record the instrument, unless the instru- ment of conveyance contains a certification by the county treasurer that the taxes due in the current tax year for the whole parcel have been paid. This certification is in addition to the certification for delinquent tax required by section 272.12. Subd. 2. . Exceptions. No certification of current tax paid is required when the land is being conveyed to the federal government, the state, or a home rule charter or statutory city or any other political subdivision, or for any sheriffs or referee's certificate of sale or other instrument if a certifica- tion of delinquent tax for the instrument is not required under section 272.12. Laws 1987, c. 268, art. 7, ~ 27, eff. July 1, 1987. Amended by Laws 1988, c. 719, art. 6, ~ 4, eff. May 8, 1988. Historical Note Laws 1988, c. 698, ~ 5, eff. April 29, 1988 as amended by Laws 1988, c. 719, art. 6. As and Laws 1988, c. 719, art. 6, ~ 4 both desig- amended by Laws 1988, c. 698, subd. 2 read: nated subd. 1 as such and therein added "Ex-" ... . . cept as provided in subdivision 2" and desig- No certIfIcatIon of current tax paId IS re- nated subd. 2 as such. Laws 1988, C. 698 in quired when the parcel is being conveyed to a subd. 2 inserted "when the parcel is being governmental body or for any sheriffs or ref- conveyed to a governmental body or" and add- eree's certificate of sale or other instrument if ed the definition of "governmental body"; a certification of delinquent tax for the instru- Laws 1988, C. 719, art. 6 in subd. 2 inserted ment is not required under section 272.12. "when the land is being conveyed to the federal For purposes of this section, 'governmental government, the state, or a home rule charter body' means the state, an agency of the state, a or statutory city or any other political subdivi- county, a home rule charter city, a statutory sion, or". Text of subd. 2 appearing above is city, and a town," 272.13. Repealed by Laws 1971, c. 63, ~ 4 Historical Note The repealed section, which required en- $t.1927, ~ 2212. dorsement by the county treasurer before the Gen.St.1923, ~ 2212. county auditor could endorse any instrument, Gen.St.1913, ~ 2193. was derived from: Rev.Laws 1905, ~ 986. 264 '~"Vj~, u~NERAL PROVISIONS situated fo," detemunation, made;ti the mann., prescribed by Minnesota Statutes 1945 chapter 278.. , "", , , , , History: 1949c619, 1; &1967'0'32 an8, 2; 1988. 719 an 5 '84; 1989c 329 ' art 13 s 20 1/2 272.162 RESTRICTIONS ON TRANSFERs OF SPECIFIC PARTS. SUbdivision 1. Conditions restricting transfer. When a deed or oth., instrument eon. veying a pateel ofland is preSented lu the COUnty auditor for lnmsfer or division und., sec. tions 272.12, 272.16, and 272.161, the auditor shall not lnmsf., or di vide the land or i~ net tax capacity in the official records and shall not certify the instrument as Provided in section 272.12, if: . . . (a) The land conveYed is less than a whore parcel ofland as chaq:ed in the tax lists; (h) The part conveyed appears within the area of application of municipal subdivision regulations adopted and filed under section 462.36, subdivision 1; and (c) The part conveyed is pan of or constitutes a SUbdivision as defined in section 462.352, subdivision 12. _ Subd, 2. Conditions allowfng transr.... Notwithstanding the Provisions of subdivision I, the county auditor may transfer Or divide the land and i~ net tax capacity and may cenify the instrument if the instrument contains a cenifIcation by the clerk of the mUniCipality; (a) that the mUnicipality's subdivision regulations do not apply; (h) that the SUbdivision has been approved hy the governing body of the municipality; or (c) that the restrictions on the division of taxes and filing and reCOrding have been WaiVed by resolution of the governing body of the municipality in the Particular case beeause compliance Would Create an unnecessary hardShip and failure to Comply Would not interfere with the ptnpose of the regulations.. , lf any of the conditions for cenifIcation by the municipalitY as provided in this subdivi. sion exist and the municipality does not certify that they exist within 24 hou" .fter the ins!ru- ment of conveyance has been preSented to the clerk of tbe municipality, the ProVisions of subdivision 1 do not apply. . lf an unexecuted ins!rument is presen"" to the municipality and any of the conditions for certification by the mUnicipality as P1:Ovided in this subdivision exist, the nnexecuted instrument must be certified by the clerk of the municipality. Subd, 3. ApPlieabfUty ofrestrlctinns. This seetion does not apply to the exceptions set forth in section 272.12. nus section applies only to land within municipalities which choose to be govemed by its provi,;ons. A mUnicipality may choose to have this section apply to the propeny within m houndaries hy filing a certified copy of a resolution ofits governing body making that choice with the auditor and recOIder of the county in which it is loeated. History: 1982 <564 S 1; 1983 c 239 d,2; 1986.444; 1988. 719 an 5, 84; 1989 c 329 art 13 s 20 . , 272.17 LIST OF CER'fiFrCATES OF SALE FILED W1TH AUDITOR. . On Fehruary fust of each Year, the county recorder and registrar of titles shali mal:e oti,i from the records and fIle \Vith the couuty auditor a list of aU sheriff's or referee's cenificates' of sale on execution or foteelosure of mongages, upon whicb the period of redemption has expired during the PTeceding year. The county auditor shall thereupon make the proper en. tries upon the transfer rec,_ and tax lists to confonn with the /ist so med History: (2216) RL s 990; 1976. 181 s 2; 1979. 9, 2; 1986.444 272.18 (Repealed, 1979 c 9 s 3J , 272.19 PLATTING OF IRREGULAR TRACTS. Where any tract or lot ofland is divided into Parcels of ineguIM shape, which Cannot be descrihed except by metes and bounds, the owners thereof. upon notice thereof being given 1-- .. .~. < 113 by the coun tied mail, sl- lat recorde ~O days aft( make such I incorpo;ate, ' rains a hcen , make such I ble; but, if r incorpora!e- or, if one IS which the cc shall be file, recorded pI< surveying, I board and tJ- be credited , shall detenr. platted into. auditor to h, veyor to ma tween the m instruments land survey' certificate, ( surveyor to plat The co cate thereof and platted i vey a portio such plat re' within said t sary to make revise the ex thereon a ne such instrun I new lots cre "Revised Lc I said lot as sl: the licensed cate, endors( to reconcile licensed lane stantiallyas this day revi parcel of lar '~~~.t~'th~ whereof! h, Signed Licens( Such rf office of the ber of an aUt the county b taxation pUIj I existing plat 462.352 HOUSING, REDEVELOPMENT. PLANNING. ZOlll'ING surface areas necessary for mined underground space development pursuant to sections 469.135 to 469.141, together with their estimated cost, the justification for each improve_ ment. the impact that such improvements will have on the current operating expense of the municipality, and such other information on capital improvements as may be pertinent. Subd. 10. Official map. "Official map" means a map adopted in accordance with sec- tion 462.359 which may show existing and proposed future streets, roads, and highways of. the municipality and county, the area needed for widening of existing streets, roads, and highways of the municipality and county, existing and proposed air space and subsurface areas necessary for mined underground space development pursuant to sections 469.135 to 469.141, and existing and future county state aid highways and state trunk highway riahts_ of-way. An official map may also show the location of existing and future public land and facilities within the municipality. In counties in the metropolitan area as defined in section 473.121, official maps may for a period of up to five years designate the boundaries of areas reserved for purposes of soil conservation, water supply conservation, flood control and Sur- face water drainage and removal including appropliate regulations protecting such areas against encroachment by buildings, other physical structures or facilities. Subd. I I. Governing body. "Governing body" in the case of cities means the council by whatever name known, and in the case of a town, means the town board. Subd. 12. Subdivision. "Subdivision" means the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets. roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations: (a) Where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (b) Creating cemetery lots; (C) Resulting from court orders, or the adjustment of a lot line by the relocation of a com- mon boundary. Subd. 13. Plat. "Plat" means the drawing or map of a subdivision prepared for filing of record pursuant to chapter 505 and containing all elements and requirements set forth in ap- plicable local regulations adopted pursuant to section 462.358 and chapter 505. Subd. 14. Subdivision regulation. "Subdivision regulation" means an ordinance adopted pursuant to section 462.358 regulating the subdivision of land. f Subd. 15. Official controls. "Official controls" or "controls" means ordinances and I. regulations which control the physical development of a city, county or town or any p:ut . thereof including air space and subsurface areas necessary for mined underground space de-. I velopment pursuant to sections 469.135 to 469.141, or any detail thereof and implement the J general objectives of the comprehensive plan. Ofticial controls may include ordinances es- tablishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes . and official maps. , Subd. 16. Preliminary approval. "Preliminary approval" means official action taken . by a municipality on an application to create a subdivision which establishes the rights and ..... obligations set forth in section 462.358 and the applicable subdivision regulation. In accor~~ .._m~ dance with section 462.358, and unless olhe"';se specified ;n the appli"ble subdlvisiou "1",. c.__ I ulation, preliminary approval may be granted only following the review and approval of'~._.n f preliminary plat or other map or drawing establishing without limitation the number, lay~~~.".,,-- I: and location of lots, tracts, blocks, and parcels to be created, location of streets, ro~ds, uU__.! ].~~::~ ~: ties and facilities, park and drainage facilities, and lands to be dedicated for publIc use. __.. _::'~ ~_ Subd. 17. Property rights. The words "area," "interest in real property.". "gro.~nd.".'!,~f~':, "land," "lot," "parcel," "property," "real estate," "real property," "site," "terr:ltory. an4, . "tract," and other terms describing real property shall include within their mean mg. but '--'" 826 .. i CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Tom Scott Campbell, Knutson 1380 Corporate Center Curve Suite #31 7 Eagan, MN 55121 Phone: 452.5000 Fax phone: 452-5550 CC: Suesan Lea Pace REMARKS: o Urgent t8J For your review t8J Reply ASAP o Please comment Date: December 23, 1998 Number of pages including cover sheet: 7 From: Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-9812 Fax phone: (612) 447-4245 Attached is a copy of the letter I sent to Brad Beisel concerning the lot split. I have also attached a copy of the information he sent to me. Please let me know if you have any questions. Thanks for your help. ~- dhwCVJ~~ ~~+c 'JO)Y> ~, ~ om VAt. ~ ~ J W -=t- vUJ CL nt5YLU;n~,~ ~ ~ ~ ~ ~. Jh ~~ dtJuJ /Jo'f~ ~ on Y-N.. d.Lr2J?J ~. 'P~ ~fu- nu., ~11()(Jj-' ~ ~ will ~~ ~. JJlM'Jx 'fOUA- M€p. V/ll/I\...I.- '~ FilE COpy December 23, 1998 Bradley N. Beisel Scholle, Beisel & Metcalf, Ltd. 430 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402-1488 RE: Application for an Administrative Land Division Dear Mr. Beisel: I have reviewed the Quit Claim Deed for the Vedeen/Mesenbrink property. The City of Prior Lake Subdivision Ordinance requires any subdivision of property, including lot line adjustments, be processed through the Administrative Land Division procedure. If either of the lots do not met current standards, a variance is also required. I have enclosed a copy of Section 6-1-3 of the Subdivision Ordinance for your information. I have also attached an application for an Administrative Land Division. Please return this application along with the necessary attachments to me, and'~ will process the subdivision. Normally, the process takes 10 to 14 days to process; however, if a variance is required, this application must be considered by the City Council. If you have any questions about this application or the process, please contact me at 447-4230. Sincerely, ~ /-~. Q ~-~. -Ol\t- /\.' I~e A. Kansier, ICP - .-1>lanning Coordinator Enclosure ..J.:\98fil~\98c:orr.es\jane\beise/.c;toc 16200 t.agle creel< Ave. ~.t.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ._--..._~----~-. ... () \ "--~/ '----.' // )\ , '--,-_.' \ 6-1-1 6-1-3 CHAPTER 1 GENERAL PROVISIONS SECTION: --., 6-1-1 : 6-1-2: 6-1-3: 6-1-4: Title Purpose Administrative Plat Compliance 6-1-1 : TITLE: These regulations shall be known and may be cited as the Prior Lake Subdivision Title. 6-1-2: PURPOSE: The process of dividing or subdividing land into home sites. or parcels for other uses, is one of the most important factors in the growth of Prior Lake. Few activities have a more lasting effect upon the City's appearance, environment and general public_ impression. Once the land has been subdivided and streets, homes and other general improvements completed. the basic character of this permanent addition to the community becomes firmly established. When the developer has completed the subdivision process and improvements are installed, it becomes the City's responsibility to maintain the streets and roads and provide various other public services. As a result, the welfare of the entire community is affected in many important respects. This Chapter is therefore adopted to establish minimum standards to aid developers and the general publiC and to ensure that subdivisions are conceived. and designed to contribute toward an attractive, wholesome, orderly and safe community. 'The right to develop should not be taken lightly. The goal is to view the development process as an obligation to contribute an attractive, stable, and safe subdivision for future owners and moreover, for the existing residents of Prior Lake. (Ord. 87-10, 8-17-87) 6-1-3: ADMINISTRATIVE LAND DIVISION: The City Manager or representa- tive may authorize subdivision approval upon finding: (A) (B) The division will not result in more than three (3) parcels. The property to be subdivided was a lot of record in the office of the County Recorder of Scott County prior to March 18, 1974, or is a lot which is part of a plat which has been legally recorded with Scott County. 589 .0;. . 6-1-3 6-1-4 (C) All newly created lots must meet the minimum standards of the Zoning District in which they are located and the resulting parcels must generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. (D) The division will not cause any structure on the land to be in violation of the Zoning Ordinance. (E) Any easements which may be required by the City must be granted. (F) The owners of land contiguous to the parcel must be notified in writing and no written objection received within ten (10) days following notification. (G) Appeals: 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. Prior to making a decision the Council may request the Planning Commission to review the matter and make recommendations. (H) Variances filed with an administrative land division may be considered by the City Council, without prior review by the Planning Commission, provided a hearing is conducted by the City Council. (Ord. 88-23, 12-19-88) 6-1-4: COMPLIANCE: Except as provided in Section 6-1-3. no land shall be platted, subdivided, rearranged, developed or improved in any way which is not in conformity with these regulations. All subdivisions of land hereafter submitted for approval shall fully comply, in all respects, with the regulations set forth herein. (Ord. 87-10, 8-17-87) 589 \ rO. \ /' I C..... ''''''....~ / ! 1< , i f' ...-,.....-'----- I I I i I SCHOLLE, BEISEL & METCALF, LTD. DEe 221998 i ! I i i i J! :II i '1 j j _3V MARK SCHOLLE BRADLEY N. BEISEL ROBERT S. METCALF LESLIE C. SCHOLLE (1909.1988) ATlORNEYS AT LAW 430 PILLSBURY CENTER 200 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402.1488 TELEPHONE 612/338.1330 FACSIMILE 612/349.6409 " iU \J.! J i L. OF COUNSEL STEPHEN G. SCHOLLE JOHN E. CRABTREE III December 21, 1998 Celebrating 50 Years of Service to Our Clients Ms. Jane Kansier CITY OF PRIOR LAKE 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 SENT BY FACSIMILE AND U.S. MAIL Re: VedeenIMessenbrink Deed Our File No.: 6407-98CW Dear Ms. Kansier: As we discussed, I am enclosing for City approval a Quit Claim Deed for property in Maple Park Shore Acres. This deed is given to adjust the common boundary line between the Vedeen property and the Messenbrink/G and R Enterprises, Inc. property. The deed was made necessary by a slight encroachment of a deck from the Vedeen property onto the property owned by Messenbrink/G and R Enterprises. It is my position that this deed does not constitute a subdivision and that formal subdivision approval by the City is therefore not necessary. I base this on Minnesota Stat. S 462.352 Subd. 12 (c), a copy of which is enclosed herewith. I hope that you will review this matter and certify this deed for recording with Scott County. In any event, I hope you will give this matter your prompt attention as we want to record before the end of the year if at all possible. Thank you very much for your help in this matter. Very truly yours, cc: Ann Peterson (97-03371) enclosures 12/21/1998 15:19 6123496409 SCHOLLEBEI SELMETCALF PAGE 01 SCHOLLE, BEISEL & METCALF, LTD. ATTORNEYS AT LAW 430 PILLSBURY CENTER 200 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1488 TELEPHONE: 612/338.1330 FACSIMILE: 612/349-6409 FACSIMILK TRANSMISSION TO: Ms. Jane Kansier, City of Prior Lake FAX NUMBER: 447-4245 FROM: Bradley N. Beisel DATE: December 21, 1998 FILE NO: 6407 -98 TOTAL NUMBER OF PAGES INCLUDING THIS COVER PAG~: 4 If you do not receive all of the pages indicated above, please contact LISA HOGSTAD at 338-1330. UNLBSS OTHERWJSEINDICATED OR OBVIOUS FkOMllUiNAl'UlUlOFlHB TRANSMrITAL, lHEINFORMATlON CONTAlJ.Ill!P IN nus FACSIMn.:E MESSAGE IS A TIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION lNl'SNDBD FOR mE USE OF THE INDIVIDUAL OR EN'IITY NAMED ABOVE. IF THE llEADlill. OF nus MESSAGE IS NOTlHE INTENDED RECIPIENT, OR 1HB EMPLOYEE Oll AGENT .aBSPONSmLE TO DELIVER IT TO TIlE INTENDED RECIPIENT, YOU AIUl lmRBSY NOTIFIED lHAT ANY DISSEMINATION, DISTIUBUI'ION OR COPYING OF l'HIS COMMUNICA nON IS STRICTLY PROHIBITED. IF You RECElVE 'IHIS COMMUNICATION AND ARE NOT SURE WHETHER IT IS PRIVILEGED, I'LEAS:B IMMEDIAl1lLY NOTIFY US BY TELEPHONE, AND RETURN 1HB OlUGlNAL MESSAGE TO US AT 1HE ABOVE ADDRESS VIA THE U.S. POS'l'AL SE~VJCE. UJANK YOU. lENT, PLANNIN .nning Act; legislatur :nding mechanism for. IS, no funding mecha , effectuate legislativ ~rtake road improve. l City of Eagan, 1997~ I I Inns defined in this I . .... rnder a home~e lanning department . I IpaL plan" . mean~;a Ithe physical, social; V and its 'environs pnd space develop . not limited to, th .ncluding propose Ian, and recommen ng agency's recom I policy statementst ' re development 0 >es of uses for th, >r specific types 0 lUblic uses or an Gosed densities fo nents, goals, stan- Ie various modes" 0 .d subsurface area 469.135 to 469.141 trucking and wate' statements, goals lt of the public' 0 d cultural facilities rl setting' forth th cal year, includin !cessary for mine together with the' ,uch improvement her information,o ',' ~- ,.il. ",'J '_1 .,~ -\"~.'-';.tt v:-..r: tion 462.359 which e municinalitv and HOUSING, REDEVELOPMENT, PLANNING :: ~ 462.352 county, the area needed for widening of. existing . streets, roads, and highways of the municipalitY,and county" existing and proposed air space and subsurface areas necessary for mined underground space development pursua~t to sections 469.135 to 4~9.141"andexisting and future county state aid highways 'and state trurikhighway rights-of-way. An official map may also show the location of existing and . future . public land" and facilities within the municipality. In comities in the metropolitan area'as defmed in section 473.121, official maps may for a period of up to five years designate the boundaries of areas reserved for purposes of soil conservation, water supply conservation, flood control and'surface water drainage and removal including appropriate regulations protecting such areas against encroachment by buildings, other physical structures or facilities. .. .. Subd. 11. "Governing body" in the .caseof cities means the council by whatever name known, and in the case of a town, means the town board. Subd. 12. '''Subdivision'' means the separation of an area, parcel, or .tract of Jand .under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads,. qr alleys, for residential, commercial, industrial, or other use .or any combination thereof, except those separations: . ....0 "." , ' . (a) Where all the resulting parcels, tracts, lots, or interests will.be 20 acres or larger in size and 500 feet.in.width for residential uses and five acres or larger in size for commercial and industrial uses; '. .... . "'\; . ..:'." , ' (b) Creating cemetery lots; '. ; ..'~ . '.~ (c) ResultingJrom .court orders, or the. adjustment o(a lot line by the relocation:.of a commonbound~..: " 'r: '-'.~_:.,;;:.:,:' ,;;....."'...... .' :,~:f..;"'. Subd. 13. "Plat" means the draWing or map of a' subdivision prepared for filing of record pursuant to chapter-::505 and containing all elements and requirements set forth in applicable local regulations adopted pursuant to section 462.358 and chapter 505. . Subd. .14. "Subdivision . regulation" means an 'ordinance adopted pursuant to' 'seCtion 462.358 regulating the ~~bdivisi()!1_ o,nand. . ~ .~ " . ,. 1 ;:'-;fC', .. Subd. .15.. :'~qfficial controls'~qr~'controls" means. ordinances and. regulations which -control the physical development of a city, county. or town or anY.part thereof including air space and subsurface areas. necessary for mined underground space development pursuant to sections 469.135 to 469.141, or. any detail thereof and implement the general objectives. of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps. Subd. 16. "Preliminary approval" means official action taken by a' municipality on a.11 application to create a subdivision which establishes the rights and obligations set forth in section 462.358 and the applicable subdivision regulation. In accordance with section 462.358, and unless otherwise specified in the applicable subdivision regulation, preliminary approval may be granted only following the review and approval of a preliminary plat or other map or drawing establishing without limitation the number, layout, and location of lots, tracts, blocks, and parcels to be created, location of streets, roads, utilities and facilities, park and drainage facilities, and lands to be dedicated for public use. ' , : [;. . '., ; ,'.. -^,'.,{.. _.'l . ," . . Subd. 17. . Property rights. The words "area,""i~terest i~ real property," ji~ound," "land," "lot," "parcel," "property,".. "real estate," "real property," "site," ,"territory;"and "tract," and other terms describing real property shall include within their meaning, but not be limited to, air space and subsurface areas necessary for mined underground space development pursuant to sections 469.135 to 469.141. . . Subd. 18. . Urban growth area. "Urban growth area" means the .identified area around an urban ,.area . within which. t~er~. ,is,.a, stlffJ~~entc~upply,. ,o~. developable .1.and. for at least.. a prospective'2Q.o:;year period,'based on demographic forecasts and the time reasonably'required to effectively provide municipal services' to the identified area. . , Amended by Laws 1997, c. 202. art. 4, ~~ 7 to 9, eff. May 31, 1997. 12/28/1998 11:32 612349641219 SCHOLLEBEI SELMETCALF PAGE 1211 SURVEY PREPAR(O ~A' ERICK VEDEEN CIO I<OHI.RUSCH ll.BSTRACl' PO 80. ,'S . . .. $MAIlOPU:..... "US Valley Surveying Co., P. A. SUITE IzO-t, F"R4/'11IlUN TRAIL CIFI'ICf; CQIOCI')MlIllIUM 18870 FRANI(I.II'4 TR"'IL. 5.E. PRIOR LAICE, MINNEsqrA SUn TELll:PHONE 1612/4'"-2870 l' ~. ..nY ,,'If 1'....'.:] "1,'117' QI II ,,....... ~r.eO. .~- '.." """11 "",..p fII I, ,". \' "" '" ~ "" ~ " \ \ \ \. ..~'\ ~ '" .. , ~\\, \ \ \ 7" .,.'1.. ~ / I.. I. Il }" .~ . I / , .~ ~ ,:. . '~... .... " . .,.~ ~~ C)~ ~' , ~:lPI'1al: :"~q1i:.~' I,.ot 7. ",,"-I: ~ I:IbaIIIl NN/.!. ~ CJr.Inty. n1~__. *-it...., ~Jmh., ~tl . ra,l,nt tin _ .eoutIw J; UIM" 'IOC'tI'l-"'t"d~ Dt the .......t~littf'li ~ aC..a. ~"7':'* 1, "lAMl: 4i,U t.t 01 .laut"fl ~ _-..:I _a, .~ ___I I tMnDo tt.cth n .!Io,(rc- ~LJ' u..... of Oh~ t.tlI:. 7, Ol"tcnt :'CS:l~ II 1"""" ill.... to. pnt (1ft I.hw ~0f0r oCof "::.l~t~; ~ South 2t d..,t.." :.:~.c "-:,,:::':.,,:1: ~U,Jd;~ ,,' ".51 f..e. t.a t1't6 sDl:-:~ ~i:t~~ oJ ."rMlIa >> ~ Iaft · cenbA"lt'ls ;n.l.~ ~..C'" ,"t. SCALE '" fUT 0_""""_", . --.. ..... ........... hu'II Cl . I<l 20 . "",,,.. '2111/98 ... _, 1.....1I..CIIp.,.. I ......... ..-Hry ... INI ..."." tIJIlUI ,....... II ... ,. .......... :":; u=..~:: ~ .E ...... ...... ......., ~4~~JQ~ &".:J-ItJ -1Jl ~ ICI....J 10 Ja n~. ka.ns;er 9'1- 7 - c1;; '1-5- 'ft--6b-r 1~ff) 5~- d# 1 ~). - S-.s~.sO J3~ Be ;5e.( pA S3f~/~'SU " CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Bradley Beisel Scholle, Beisel & Metcalf, Ltd. Phone: 338-1330 Fax phone: 349-6409 CC: Date: December 23, 1998 Number of pages including cover sheet: 4 From: Jane Kansier ~I"l ~ ~ Planning Coordina~ r City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (612) 447-4230 Fax phone: (612) 447-4245 REMARKS: o Urgent ~ For your review 0 Reply ASAP o Please comment Attached is a copy of the letter I mailed to you earlier today. Please let me know if you have any questions. 12/21/1998 15:19 612349641219 SCHOLLEBEI SELMETCALF PAGE 1212 SCHOLLE, BEISEL & METCALF, LTD. MAU SCHOLLE BRADLEY N. BEISEL ROBERT S. METCALF LESLIE C. SCHOLLE: (l9Og.1981) AnoRNEYS AT LAW 430 PU../,S8l,JRY CENTER 200 SOIJTIf SIXTH STJtI!:ET MINNEAPOLIs. MINN~or,4 55402.1488 nU:,HONE 612/338-1330 FACSIMILE IIlZ/349.6409 OF COUNSEL STEI'HEN G. SCHOLLE JOHN E. CRABTREE III December 21, 1998 Celebrating 50 YeaTs of SfTlJice to 014T Clients Ms. Jane Kansier CITY OF PRIOR LAKE 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 SENT BY FACSIMILE AND U.S. MAIL Re: VedeenlMessenbrink Deed Our File No.: 6407-98CW Dear Ms. Kansier: As we discussed, I am enclosing for City approval a Quit Claim Deed for property in Maple Park Shore Acres. lbis deed is given to adjust the common boundary line between the Vedeen property and the MessenbrinklG and R Enterprises, Inc. property. The deed was made necessary by a slight encroachment of a deck from the Vedeen property onto the property owned by Messenbrink/G and R Enterprises. It is my position that this deed does not constitute a subdivision and that fonnal subdivision approval by the City is therefore not necessary. I base this on Minnesota Stat. ~ 462.352 Subd. 12 (c). a copy of which is enclosed herewith. I hope that you will review this matter and certify this deed for recording with Scott County. In any event, 1 hope you will give this matter your prompt attention as we want to record before the end of the year if at all possible. Thank you very much for your help in this matter. Very truly yours, BNB/lh cc: Ann Peterson (97-03371) enclosures 12/21/1998 15:19 5123495409 SCHOLLEBEI SELMETCALF Flinn Nu. 3l-1\1 PAGE 03 Milll'r.llm,j, l.clI'lll'''IIll~ Mill",:_"I" 1Il1il\'Jllll 'm\'\.'Yllncinlllll:ulks (1'17R) .'1.' '.llIlITl.AIM 11I,1\1> CIIII~Jr.lIilJlI (If l'a/llle,,,hi,, 10 CllII IIlt1llilJl\ (If l''''fII.:r;;hil' No ddinquenlluxes olld lransfer entered; Cc:tti/icale of Renl Estate Value ( ) filed ( ,~ot required Cerlificate orRc:<I Estate Value No. ~ ,19.zi' County Auditor by7~J Depuly STATE DEE[) TAX DUE IlERnON: $ /. , ~ Onte: :ru~", .3~, 19''8' vcserved Itlr u:eordi.lg dnl:,) rOR V^,-.UABLE CONSIDERATION, Mesenbrink Conslrudion & Engineering, Inc" a corporation under the laws of Minne50l~ and G and R Entefprises, Inc. a corpot"iltiolll.lnder the laws of Minnesota, Grantors, hereby cOl1veys and quitclaims to Erick P. Vedeen, real property in Scott County, Minnesota, described as follows: That part of Lot 7, MAPLE PARK SHORE ACRES, SC(ltl County, MinnesoLa, descfibcd as follows: l3egillllillg at a point Qn thl! southerly line of saki Lot 7, dislant 6.23 e ,t l}ort\le~lel'Jy oOhe soulhwesterly corner of said Lot 7; thence North 17 degrees 04 Minutes 44 seconds C!', +'asitnned bearing along a line drawn to a point on the northerly line of said Lot 7, distant 7.60 feet easterly of the l10rlhwestedy corner of said Lot 7; thence South 22 degrees 05 minutes 55 seconds East a distance of 69.13 feeL; thence South 11 degrees 02 minutes 30 seconds East a distance of 57. 51 feel to the point of beginning. AS o3~ 0/17/ Containing 381.2 square feet. together with all hereditllments and appurtenances belonging thereto. This deed Is gi'V~n <<I) ::djl~lIt n dll;p~ec:d baundpl'Y line I'ursl.l:lr.! 10 Min:'l. Stnt. ~462..3~2 sl,bd. 12 nod doell J\qt cOl1stitul&! II subdivision. No...sIJ/ltJ Deed Tex ~r~ (II S /, ~ paid Ih,s di!Y or ~ I ] 9 r;j! ~~...k.""n:t~~---'(;OU"IY Trf'!lIsIIrcr Anlx Occ:d Tax Stomp H~A{lscrval'on FE'I? Pairl STATE OF MINNESOTA COUNTY OF S <.. c> -r ,-- }" 'lC :f~' The foregoing instrtJIlleot WllS acknowledged before me this ,JD TH day of JUl.-r , 1998, by .::rco~1\ Me.....t':Jc . ,the Pre. f.de.....,. of Mesenbrink COI1~h'lI<:liol\ & engilleering, (nc. a corporatiol1 under the laws of MJnnesOl'a,~.~_~ehalfoftheC'l')rportJlivl\. ~., ~, I..,"~~ c;e...s__r, 'rc.:Jc.,,-r 0/ r,~.,ll( '.te"'e":~e.:!Io.~ N01'^ . , . , ~"'c.'l 4!1 ".,.."'.... "o~r . t e..~e."..I(J .of"""". 'D"". ____. . RANK) ....,.....:..0:."",.,." H ~ -:02:; f ~.:"~... WAOEKOHLRUSC ---,--~._. ,..- .-. . ~ I j ~~~ NOT~l8.wtfo~:ESOTA SI.lNATlJllti OfmR:mNT~"'NOAt'KN()WI.''''ClMF.NT- no.__ ~! ~....' My Comm. DjlirBS 01-31-00 er......:. " ' 'lllI,~ JNIi1"R,11/1.IIiN"J' WAS J>R,\I'I'IU) IJV (NAMH ANI) AlmRl'.lIli) Or$dley N. l3ei3el Scholle, Ociscl & Metcalf, Lld. 430 Pillsbury Cerller Minneapolis, MN 55402-14~8 Tn.~ ~1"lcl11c"IS fur Ihe real I'ml1Crly fJc.'lCtihcd jlllhi~ it.slrllRlcnl ~"C"I'lld he .~ellt I~) (.!nch,de nllllle: alld nddrf:ll.~ \'IrOnn'ce): Er~ck P. Vedeen 15287 Fairbanks Trail NE Prior Lake, MN 55372 083117 VEDEEN {SCO:T'T :- 29281 Record~ng SpeCialists, Ir~. 79 Wester'o" AVe. N. St....ite C st. r='a../l, 11\1 5.5102 COMM BASIC SURVEY PREPARED FOR: LARRY GENSMER RT. I, BOX 227 PRIOR LAKE, MN. 55372 ,-------...... ------ ...... 2:A~: B:~~~TE~:~~D N.,Y~~;~b.~~~.:'~~~~~. _ _ -:;;:;.:--_ NW'I>' cor. of 15 33- - ' ---, - - - . 'ot7-;A~ .-., . . ..._......IS.t:; - . J-r ~~ 2>'''-\ \ Fd 1/2"I.M. 1.60'" \ 4-~~ 1.;@ o;<,~ 0.... > --.' Vol ley Engineering Co., Inc. SUITE 120- C , .'6670 FRANKLIN TRAIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE, MINNESOTA 55372 TELEPHONE (612) 447~2570 447 -3241 EXISTING GARAGE ( -t r-' ,-I E'XI STING HOUSE , " : I /' // '. \ /.,/' \\ /'0 'f, . ..f' · \ I " i, ...... lro. DESCRIPTION: That part of Lot 7, MAPLE PARK SHORE ACRES, Scott County, Minnesota. Lying easterly of the following described line: Beginning at a point on the southerly line of said Lot 7, distant 6.23 feet northeasterly of the southwesterly corner of said Lot 7; thence northwesterly to a point on the northerly line of said Lot 7, distant 7.60 feet easterly of the northwesterly corner of said Lot 7, and o 20 40 there terminating. \ --r----l . SCA~E IN FEET o Denote. Iron monument let. . Denote. Iron monument found. Fd Angle Iron ""', " "'" ....... >, '-A:-fv ~ V ~ OJQj " 0" rv <t' ~ I hereby certify that this survey wa s prepared by me or under my direct supervision and that I om a dlJly Licensed land Surveyor under the lows of the State of Minnesota. Dote license NO. lOt 83 FILE NO 7151 SK 156 PG.60