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Home My WebLink About00-033 Admin Plat Returned _. ... .0,..:', "_' .-_.,..~'. 0_' ..."., '..~ .-" FILE COpy June 19,2000 Bradley N. Beisel Hoeschler & Beisel, LLP 900 Midwest Plaza East 800 Marquette Avenue Minneapolis, MN 55402-2842 RE: Administrative Lot Subdivision and Variance for Vedeen/Mesenbrink Dear Mr. Beisel: On April 11, 2000, the City of Prior Lake received an application for an Administrative Lot Subdivision and Variance for the Vedeen/Mesenbrink property. We sent you a letter, dated April 11, 2000, notifying you these applications were incomplete as submitted. It has now been more than 60 days since we notified you of the incomplete status of these applications, and we have not received any additional information. Therefore, I am returning the applications to you, along with your check for the application fees, and closing our files. If you would like to pursue these applications in the future, you may resubmit new applications. If you have any questions, please contact me directly at 952-447-4230. Sincerely, 1) ~(l. I)~ U~~~:_~ansier, AICP Planning Coordinator Enclosure .J:\OOfil~\OO~dQlat\OO...o33\re1urn.doc f'Rge 1 16200 t.agle ueeK Ave. ::'.t.., Pnor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6 Z) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ()f2i (; iNItL f7Eru f2!0Ej) 0V Be Ai) is fflS6L ~ A-"OCfIDf,J04-L SlG0F\"tK::}':'S 4f [lfCD ~ _ fT tJ Planning Case File No. Property Identification No. City of Prior Lake .~~ '.0tr''113\ . LAND USE APPLICATION \Ja.M.~ ~OO ... O~4f 16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 44~O:"Pax(612)'447-4245; Type of Application: Brief description of proposed project (attach additional o Rezoning, from (present zoning) to (proposed zoning) o Amendment to City Code, Compo Plan or City Ordinance o Subdivision of Land ltl Administrative Subdivision b ~onditional Use Permit lz:I Variance / Go pc! - APPlicant(S):[r'- r:..!< f'. VeJe;;. Address: I)' 'l7 ~; f' htU1 k f . Home Phone: .6/;). - J...? 6 . 3 OJ 1 sheets/narrative if desired) ~ cJ<. EYlc,.../)t:lcAme,,1 1. LIe UJ., Dl!. re- ~lA ~re S' ! 07 J;~~ Q~'lA5t me",T Applicable Ordinance Section(s): N~ Work Phone: C- Property Owner(s) [If different from Applicants]: Address: Home Phone: Work Phone: Type of Ownership: Fee'/ Contract for Deed _ Purchase Agreement ---" Legal Descri ion of Property (Attach a copy ifthere is not enough space on this sheet): $" a t:l ~A To the best of my knowledge the information procided in this application and other material submitted is correct. In addition, I have read the relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that appli 'ons will not be r ces ed until deemed complete by the Planning Director or assignee. Applicant's Signature Fee Owner's Signature Lj-7-- OQ Date Date THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE PLANNING COMMISSION CITY COUNCIL APPROVED APPROVED CONDITIONS: Signature of Planning Director -br Designee DENIED DENIED DATE OF HEARING DATE OF HEARING Date · .. Vf+~ \ po. CITY OF PRIOR LAKE Impervious Surface Calculations (To be Submitted with Building Pennit Application) For All Properties Located in the Shoreland District (SD). ThelYfaximum Impervious Surface Coverage Permitted in 30 Percent. propertYAddressL,.,-<o/~>?lo t_D~~~~L~ ~'Q.L 6~~ ~{2.f..S Lot Area-3,3~t\. ~.t\-A\'\1~ C\o\.(.2Sq. Feet x 30% = .............. '"2-"2. \S ******************* **************************************************** ~S~-=> LENGTH WIDTH SQ. FEET x x x = ATTACHED GARAGE = TOTAL PRINCIPLE STRUCTURE...................... 1€>1 x x TOTAL DETACHED BUILDINGS....................... 61LQ x = x = x = TOTAL. PAVED AREAS........................................... \\\lP (Open Decks y." mi-n, opening between boards, with a pervious surface below, are not considered to be impervious) x x = P ATIOS/PORCHESIDECKS = x = TOTAL. DECKS...... .......................................... ........ x x = OTHER e..o "" '-ore \..e.... ~'(2..-e ~ ~ = TOT AL OTHER........... ............................................ \,\.~ I~ I '2-'-\' c; 1 L..-"'L3-00 TOTAL IMPERVIOUS SURFACE UNDE~D . Prepared By _~__~~J Companyja.\\44~l'N~~ t., p.~ Date Phone # ''-\'4;1- -z..S 1-'0 . ~p...'\C~ \ ~ CITY OF PRIOR LAKE Impervious Surface Calculations (To beSubmitted with Building Penn it Application) For All Properties Located in the Shoreland District (SD). The lv'faximumImpervious Surface Coverage Permitted in 30 Percent. Property Address f I OLb"'\ -., M~~~" f'~"- s~c>raz... ~~~ LotAreat6,L\WSIi'~~ a.-'~)\N~ qo4.~Sq. Feet x 30% = .............. " \ 104\..{ *****************\c****************************************************** LENGTH WIDTH SQ. FEET x x x = HOUSE ATTACHED GARAGE = TOTAL PRINCIPLE STRUCTURE...................... DETACHED BLDGS (Garage/Shed) x X TOT AL D ETA CHED BUILD IN GS....................... x = x x = = TOTAL P .t\.VEDAREAS......................................... \ \ ~CO x x = P A TIOSIPORCHESIDECKS (Open Decks Y'" min, opening between boards. with a pervious surface below, ate notconsidered to be impervious) = x = TOT AL" DE C.KS......................................................... x X :::: OTHER = T'OT AL' OTHER............................................................ TOTAL IMPERVIOUS SURF ACE \ \9€> ] ~VER(\ \.jll\.p I Prepared By 1) ~_ ~,....~ Date '2..- '2:~ _00 companyJ~\ ~4"",,~ 1 IOn (,0 '1~ ~. Phone # ~ ,-\, - -z.. <;'9 \ "\ \ LARRY GENS MER RT. I, BOX 227 .PRIOR LAKE, MN. 55372 Valley Engineering Co., Inc. SUITE 120- C, 16670 FRANKLIN TRIlIL FRANKLIN TRAIL OFFICE CONDOMINIUM PRIOR LAKE. MINNESOTA 55372 TELEPHONE (612) 447- 2570 447-324/ ---- ~----- ------............ ' r rTED ROAD " ~ 25 FT. PLA RAIL . 7 ", ~ --- ~\ .. FAIRBANKS T \i'l'IYII"e~I'OI~ot 6"E Fd;/~'1.'" _ ---::.-:--- /~- , N83 -, _..,r ,~ """'1 cor. 0 1533-. - - - ________. _ _ .. ,...... 10,1---""", ."; . 't._......IB.t, ~ ~ L~-~---;l/:o<:, r.~~...n'" \ Qo. ,.,.~, - ~~.. \ \ ~ 760" \ ~ .",." . \ \.", "'" \ '-- / '\ \ '\, // ~ ,//) / ~ v- "{' "" ~ ''I ~ .. E)(ISTlfIIG GAFtI\OE E'XISTlNG HOUSE (, . ~. ~' r I /1 <(-' !J {)~o ,'j ~ ~ / I,' I \ / " . /."j: \\ I i/O' '\ / J I i. """.,.... +" ~ V !Q1b ~ ~, '11 Q.~ ",it; DESCRIPTION: That part of Lot 7, MAPLE PARK SHORE ACRF..8. 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. I .. .~ SCALE IN FEET o Denot.. Iron monument set, . Denotes'lron monument found. I hereby certify thaI this survey was prepared by me or under my direct supervision and that I om o duly Licensed Land Surveyor under the lows of Ihe Stole of Mlnnesola, Dote License NO. 10183 FILE. NO 7151 8t( /56 PG 60 ../ ~ 272.15 GENERAL PROPERTY TAXEs Derivation: St.1927, ~ 2214. Gen.St.1923, ~ 2214. Gen.St.1913, ~ 2195. Rev.Laws 1905, ~ 988. Historical Note Laws 1897. c. 344. The 1976 amendment changed the title 0( register of deeds to county recorder. The 1986 amendment authorized the rem ' al of nonsubstantive gender specific referenc~ Cross References Accounting by county attorney. see ~ 388.13. a1 ft Library References Records e=>6. WESTLAW Topic No. 326. CJ.S. Records ~~ 9 to 18. I~ t~ - Certification by county attorney 3 Errors in original plat 1 Fees 4 Mineral rights 2 Notes of Decisions surface rights had been forfeited to state. Op. Atty.Gen., 373-B-9-b, Aug. 3, 1954. , ~ ~ ." 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. 15, 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 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. 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 i,I(I.'.li ~ --'- ....l-f -rr:- : j i ili ; } ., : 1;7 ,\ i J ~ ~ 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. 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- GENERAL PROPERTY TAXEs recdy, 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, S 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 cert1f1catlOn of current tax pa1d 1S 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- 5t.1927, ~ 2212. dorsement by the county treasurer before the Gen.St.1923. ~ 2212. county auditor could endorse any instrument, Gen.5t.1913, ~ 2193. was derived from: Rev.Laws 1905, ~ 986. 264 ....,..... 'Vj~, \,it;j'iERAL PROVISIONS situated for a detennination, made in lbe manner prescribed by MinneSOla SlaMes 1945 chapter 278... '. .. " ".." , History: 1949 c 619 s 1; Ex1967~'32 art 8 s 2; 1988 c 719 art 5 s 84; 1989 C 329 .. art 13 s 20 272.162 RESTRICTIONS ON TRANSFERS OF SPECIFIC PARTS. Subdivision I. Cnnditions restricting transfer.. When a deed or other ioslnnn..n con- veying a Parcel of/and is presented tu lb. county anditor for -sfer or division nnder Sec. tions 272.12, 272.16, and 272. 161, lb. auditor sball no, transfer or divide lbe land or its ne, lax capacity in lbe official records and shall not cemfy lb. iuslrumen' as provided iu section 272.12, if: .. (a) The land conveyed is less than a whole parcel of land as chaQ:ed in lbe lax lists: (b) 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 part of or constitutes a subdivision as defined in section 462.352, subdivision 12. .. Subd. 2. ConditionsaUowing transfer. Notwithstanding the provisions of subdivision I, lbe county auditor may transfer or divide lbe land and its ne,lax capacity and may certify the instrumen, if lbe iu'lrument contains a certification by lbe cled< of lbe municipality; (a) that the municipality's subdivision regulations do not apply; (b) thatthe subdivision has been approved by 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 because compliance would create an unnecessary hardship and failure to comply would not interfere with the purpose of the regulations. .. If any of the conditions for certification by the municipalitY as provided in this subdivi_ sion exist and the municipality does not certify that they exist within 24 hours after the instru- ment of conveyance has been presented to'the clerk of the municipality, the provisions of subdivision 1 do not apply. .. If an unexecuted inslrument is present~ to lbe municipality and any of lbe conditions for certification by the municipality as PI:Ovided in this subdivision exist, the unexecuted instrument must be certified by the clerk of the municipality. Subd. 3. Applicability of restrictions. This section does not apply to the exceptions set forth in section 272.12. This section applies only to land within municipalities which choose to be governed by its provisions. A municipality may choose to have this section apply to the property within its boundaries by filing a certified copy of a resolution of its governing body making lba' choice with the auditor and recorder of the county in which it is located. History: 1982 c 564 S 1; 1983 c 239 s1,2; 1986 c 444; 1988 c 719 art 5 s 84; 1989 c 329 art 13 s 20 .. 272.17 LIST OF CER'l1FrCATES OF SALE FILED WITH AUDITOR. . On February first of each year, the county recorder and registrar of titles shall make olit from the records and file~ith the county auditor a list of all sheriff's or referee's certificates' of sale on execution or foreclosure of mortgages, upon which the period of redemption has expired during the preceding year. The county auditor shall thereupon make the proper en- tries upon the transfer rec,ords and tax lists to conform with the ~st so filed. History: (2216) RL s 990; 1976 c 181 s 2; 1979 c 9 s 2; 1986 c 444 272.18 [Repealed, 1979 c Qs ~]__ .. .. 272.19 PLATTING OF IRREGULAR TRACTS. Where any tract or lot ofland is divided into parcels of irregular shape, which cannot be described except by metes and bounds, lbe OWUers lbereof, upon notice lbereof being given 112 113 1 ~ I f by the C.OUl tied mall, s plat record 30 days aft make such incorporatt tains a lice I make such ble; but, if incorpora~( or, if one l~ which the c shall be flit recorded pJ surveying, board and t be credited shall deten~ platted into auditor to h veyor to m, tween the n instrument: land surve) certificate, surveyor to plat. The cc cate thereoJ and platted vey a portic such plat re within said sary to mak revise the e: thereon a n. such instrUl new lots cr, "Revised L said lot as s the licensee cate, endon to reconcilt licensed Iar. stantialIyas this day rey parcel of la forms to th, whereof! h Signee Licem Such r office of tht ber of an au the county 1 taxation pu; existing pIa 462.352 HOUSING, REDEVELOPMENT. PLANNING, ZONING 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 rights- 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. II. 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. Subd. 15. Official controls. "Official controls" or "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 de" velopment 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 es" tablishing zoning, subdivision controls, site plan regulations, sanitary codes, building codc:s 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~~ dance with section 462.358, and unless otherwise specified in the applicable subdivision re;"i-,-oo ulation, preliminary approval may be granted only following the review and approval 0 'u:~ u.o_ preliminary plat or other map or drawing establishing without limitation the number. layo.,:::,:.:.,=-,,--."-.. and location of lots, tracts, blocks, and parcels to be created, location of streets, ro~ds, u~.....~~.:' ties and facilities, park and drainage facilities, and lands to be dedicated for publIc use._.,c:';':." Subd. 17. Property rights. The words "area," "interest in real property.... "gro.~nd." XWf;~~t "land," "lot," "parcel," "property," "real estate," "real property," "site," "te~tory. and.. "tract," and other terms describing real property shall include within their meamng. but pOl --.r 826 + 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 Plannin2 Coordinator Citv of Prior Lake 16200 Ea21e Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9810 Fax chone: (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 1:\OOfiles\OOadplat\OO-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 I4J 001 . SCOTT COUNTY DEPARTMENT OF TAXATION GOVERNMENT CENTER 200 FOURTH AVENUE WEST SHAKOPEE, MN 55379 (952) 496-8115 LEROY T. ARNOLDI DEPARTMENT OF TAXATION, DIRECTOR Fax: (952) 496-8135 lamoldi@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 Prior Lake City Scott County Department of Taxation Analyst 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 cdccn 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 IaJ 002 / ~(JK -:31{. ~ 3'. WARRANTY DEED Corporation or Partnc:rship tJ:> Individual(s) STATE DEED TAX DUE HEREON: $ 1"3.:75"' -WELL CER'nFICATE RECEIVED ~WEl.L CERTJfJCAJE NOT RfQUJRED Date: April 1 I tho 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 pan of Lot 7. MAPLE PARK SHORE ACRES, lyin~ easterly of the following described line: Beginning at a point on the southeJ:ly line of said Lot 7. distant 6.23 feet northeasterly of the southwesterly comer 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 comer of said Lot 7, and there terminating. d.. 5--03\oOOl-~ -rJ.~ . ""'" "."" <<"'fi" "wI I.. Sdl" ...., _I ...... of any W<Ils - Ih.....crih<d ~'p~p.ny-" ~ f1- ~~ (if DlOtl:l space is needed. conJinue on back) u.i\ \\ \i) \ /).51) together with all hereditaments and appurtenances belonging thereto. subject to the following exceptions: Subject to easements. restrictions, reservations of record, jf any. r<""'\ \ oc::> ~ Affix Deed Tax. Stamp Here ~~ N81ne: Larry G mer Title: President STATE OF MINNESOTA } COUNTY OF SCOTT 55. The foregoing instrument was acknowledged befot"e me this 11 th day of April. 200 I, by Larry Gensmer. 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 $"1'AMP Ok SEA~OR.~~tt!t:i~ OR RANK) . 'l~OI\ cJ.DVlEY ~. r.:tmi1'!~_~.""aon ~ C-..at.::;~::,~ ~!tI.t1Jm5 ~ .....":'#10 -~...' .......,...~ Tax Statements for Ille real property dcscrlb<:d in ,hill instnJment should be sent to (Include name and address of GnlOtc:e): 1 !. Erick: po Vcdc::c:n 15287 Fairbanks Trail Priur Lake, MN 55379 THIS INSTRUMENT W ^S DRAFTED BY (NAME AND ADDRESS ""'1- Kohlnlsch Scott/Carver Abstract Co.. Inc. 128 West 3m Avc:nue P.O. Balli 355 Shakop-. MN SS379 File No. ST7561B r 06/06/01 WED 11:54 FAX 6124968135 ~~1t . V g~ I l~ 1Y V \P J..L; "\ stf\ /~ SCOTT COUNTY TAXATION 141 003 6'- ~ ~1S- "3 \ q. 5.) ~ 1. or2_~ WARRANTY DEED [ndividuaJ(s) 10IndividuaJ(s) STATE DEED TAX DUE HEREON: $ 103.95 ~WEu. CERTlFfCATE RECEfVED ~WELL CERTlflCATf Nor REQUIRED Dale: April lIth, 2001 FOR V ALUABLE CONSIDERATION, John Mesenbrink and Mary Mesenbrink, husband and wife, Grantor(s). hCJ;"cby convey(s) and warram(s) to Erick P. Vedccn. Grantee(s), real property in SCOIT County. Minnesota, described as follows: That part of Lot 7, MAPLE PARK SHORE ACRES, lying easterJy of the following 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 northwesterly to a point on the northerly line of said Lot 7, distant 7.60 feet easterly of dIe northwesterly corner of said Lot 7, and there terminating. ~ ~-(J3\o OO'l-{) "The Seller cenifies chat the Seller does nQr know of any wells on the described real properTy. " (if more space is needed, continue on back) logether with all hereditaments and appurtenances belonging therelo, subject to the following exceplions: Subject to easements, restrictions. reservations of record, if any. Affix Deed Tax Stamp Here ~~ /hn Mesenbrink / /' /" ~.~ .~~~//?A Mary MeSe~1nk STATE OF MINNESOTA } COUNTY OF SCOTT 55. The foregoing instrument was acknowledged befOre me this 11th day of April, 2001, by 101m Mesenbrink and Mary Mesenbrink, husband wife, Grantor(s). NOTARIAL STAMP o~. SEA~~OR .9~ OR RANK) . UNDACUMEY ,. NDlAAIPL'WC.... ' . ~ 1 ~~:-;-:.l -SIG Tax Smtcmcnt, for the real property described in thi.s instrllment should be sent to (Include name and addrCll5 of Grantee): HIS lNS'I'RUM8NT WAS DRAFTEO llv (NAME AND ADD~S) "f- Kohlruscl1 Scott/Carvet AbSlrac[ Co., Inc. 128 WCSl 3rd AvenUe P.O. Bl:'ll 355 ' Shakopee. MN 55379 File No. ST7561 Brick P. Vedeen 15287 Pairbanks Trllil Prior Lake, MN 55372 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 li<:ensed in 'X'isconsin FAX COVER SHEET PLEASE DELIVER THE FOllOWING PAGE(S) TO: NAME: Jane. kans Ie..'r FAX NUMBER: to 12..~441,. 42.45 SENDER: vuesa.n Lea. P01C e... 2- DATE: AD rl I f u;- I ICfQ ~ FAX #: (651) 452-5550 TOTAL NUMBER OF PAGES: (INCLUDING COVER PAGE) 'f IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Su.san Ku Ylctt] AT (651) 452-5000. RE: COMMENTs:---12.Ie.a.\p 8'VIL a QD~ +0 1)DY1 ~ 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 04/15/1999 14:03 ~ 61234%409 SCHOLLEBEISELMETCALF PAGE 01 -- voRa.-+ - VEDEEN DECK ENCROACHMENT OUR FILE NO.: 6407-98CW VOICE MAIL MESSAGE SENT MONDAY. MARCil 8. 1999 Mr. Beisel, urn... 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. Um... 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, a... 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 Jot is not (buildable??). Urn... with respect to the variance, we'll let 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 urn... destroyed urn... 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, UID... 651/452- 5000. Thanks. Bye-Bye. Depl. Phone" Fed 6.; /- ~1-;'Jr\~ n ~ ~ atJii. ::;.;.. filE COP~ April 11, 2000 Bradley N. Beisel Hoeschler & Beisel, LLP 900 Midwest Plaza East 800 Marquette Avenue Minneapolis, MN 55402-2842 RE: Administrative Lot Subdivision and Variance for Vedeen/Mesenbrink Dear Mr. Beisel: On April 11, 2000, the City of Prior Lake received an application for an Administrative Lot Subdivision and Variance for the Vedeen/Mesenbrink property. We have determined the following information must be submitted before we will consider this application complete: 1. The application must be signed by the fee owners of the Mesenbrink property. 2. You submit a list and labels with the names and addresses of the owners of property within 350' of the subject site. This list must be prepared and certified by the Scott County Auditor or a certified abstract company. It must also be accompanied by a location map identifying the subject site and the 350' radius. 3. The survey must identify the setback of the structure, including the deck, from the adjacent lot lines. 4. An 11" by 17" reduction of the survey is also required. The application must also identify the requested variances. Upon preliminary review, I have identified the need for variances to the minimum lot area and lot width for both lots, impervious surface on the Vedeen parcel, and setback requirements for the Vedeen parcel. Please specify in writing, either on the application or on a separate attachment, whether these are the only variances requested. I am attaching the original application for the required signature to this letter. If necessary, you may submit a second copy of this application as long as we have an original signature for each property owner. Once we have determined you have submitted a complete application, we will begin formal review of these applications. At that time, we will also discuss a date for review by the City Council. 16200 E~~~2~dA~~~~:~~rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~Qf47-4245 AN EQUAL OPPORTUNITY EMPLOYER _. ~"""~-'~".'. '.-......<-1..- . ",,,,,,,",,,.~,,.~<.a;.':.::......"~.:... ./ Thank you for your attention to this matter. If you have questions relative to the final plat review process, or related issues, please contact me directly at 447-4230. Sincerely I ~C1..~ ane Kansier, AICP lanning Coordinator Enclosure 1:\OOfiles\OOadplat\beisei.doc Page 2 HOESCHLER & BEISEL LLP ATTORNEYS PLEASE NOTE OUR NEW ADDRESS, PHONE AND FAX NUMBERS 900 Midwest Plaza East 800 Marquette Avenue Minneapolis, MN 55402-2842 Bradley N. Beisel Ph (612) 333-9733 Fax (612) 333-9764 Toll-Free 1-800-422-0819 beisellaw~aol.com Lawyers.comlbeisellaw April 7, 2000 Ms. Jane Kansier 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 r"....... r--.'; D) L;=i ,". \. AAl I I am .~ Re: VedeenlMessenbrink Deed Our File No.: 6407-98CW Dear Ms. Kansier: As we discussed, I am enclosing for filing a Subdivision/variance Application signed by Mr. Vedeen, along with five copies ofthe recent survey of the properties done by Valley Surveying showing before and after legal description, square footage calculations and other required information, plus five copies of the Impervious Surface Calculations also done by Valley Surveying. Also enclosed is our check in the amount of $325.00 to cover the cost of the subdivision application and the variance application. As you recall, you are holding a Quit Claim Deed from MessenbrinklG and R Enterprises for the property that is going to Vedeen. The enclosed Application is to obtain the City's approval for recording that deed. Please look this material over and let me know ifthere is anything further that you need. Thank you. Very truly yours, ~4>ZL~ Bradley N. ~l BNB/lh enclosures cc, w/o enc.: Micheal Maser, (97-03371) Erik Vedeen Jane Kansier From: Sent: To: Subject: Suesan Pace [space@halleland.com] Thursday, March 08, 2001 4:55 PM jkansier@cityofpriorlake.com Vedeen Jane, I received your fax and message dated March 7th and accompanying materials regarding the Vedeen matter. The materials included: 1. 1/3/01 letter from Attorney Beisel to you regarding a quitclaim deed. 2. 12/21/98 letter from Attorney Beisel to you seeking the City's approval to record a Quit Claim Deed. 3. 4/117/00 letter from you to Attorney Beisel discussing the deficiencies in an application for an Administrative Subdivision and Variance. I do not recall this matter. I have reviewed the correspondence which appears to indicate that Mr. Beisel agreed to submit an application for an Administrative Subdivision and Variance. An application and fee was submitted on 4/7/00 and you commented on the application on 4/11/00. Based on the facts as you described them, I agree with you that a variance is required if the applicant is seeking to convey a portion of a lot that is already nonconforming. Assuming the variance is granted, I agree that the conveyance can occur by Administrative Subdivision. Are you concerned about the missing deed? I'm not sure what you want my advise on. ******************************************************************************** This message and any attachments may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient or authorized to receive for the recipient, you are notified that dissemination, distribution or copying of this message and any attachments is strictly prohibited. If you have received this message in error, please immediately advise the sender by reply e-mail and delete the message and any attachments. Thank you. ******************************************************************************** 1 ..CITY OF PRIOR LAKE 16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372 To: Suesan Lea Pace Halleland Lewis Nilan Sipkins & Johnson Pillsbury Center South 220 South Sixth Street Suite #600 Minneapolis, MN 55402-4501 Phone: 612-338-1838 Fax phone: 612-338-7858 CC: Date: March 7, 2001 Number of pages including cover 6 sheet: From: Jane Kansier Planning Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax phone: (952) 447 -4245 REMARKS: o Urgent [8] Please comment [8] For your review 0 Reply ASAP Suesan: Please review the attached information. As you may recall, this attorney is attempting to convey a portion of one small parcel of land to another property owner in order to clear a cloud on the title because the deck encroaches on the adjacent property. The problem is that the lots are nonconforming. This same attorney attempted to record this deed a couple of years ago. We took the position that this would require a variance because of the nonconforming lots. The conveyance of the land would make the existing lot smaller. Please give me your opinion on how this matter should be handled. Thanks for your help. Jane ATTORNEYS .[11..0_ LIJ~i i ,j "~M'dWest Plaza Eas. 800 Marquette Avenue Minneapolis, MN 55402-2842 I' Ii i:' ,', ) I! Ii L; jI JL/ J HOESCHLER & BEISEL Bradley N. Beisel (612) 333-9733 Fax (612) 333-9764 beisellaw@aol.com January 8, 2001 Jane Kansier, Planning Coordinator City of Prior Lake 16200 Eagle Creek Ave. S.B. Re: Vedeen Deck Encroachment; Our File No.: 6407-98CW Dear Ms. Kansir: As you recall, I havebeenworking.torecord,aquitclaimdeedofaportionLot 7, Maple Park Shore Acres. According to my file, the deed was submitted to the City for recording and was being held by you as of April 7,2000 when I submitted a variance application to you (see enclosed copy). You returned the Application, but not the deed in your letter to me of April!! (see enclosed copy). In a recent telephone call you stated to me that you no longer have the deed. However, it is not in my file, nor do I see any letter.transmitting,iLfromthecity to me. Would you please examine your files to see ifperhaps you are mistaken and the deed is still in your file? Thank you. Very truly yours, cc: (w/o end) Erick Vedeen SCHOLLE, BEISEL & METCALF, LTD. MARK SCHOLLE BRADLEY N. BEISEL ROBERT S. METCALF LESLIE C. SCHOLLE (1909.19881 AITORNEYS 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 L CRABTREE III February 15, 1999 Celebrating' 50 Years of Service to Our Clients Mr. 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. fJ462.352 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 forward to your response. Very truly yours, BNB:jmf Enclosure cc: Mr. Erick Vedeen Ms. Ann O. Peterson SUAV~Y PRErAlIEO FOR ERICK VEOEEN C/O KOHLRUSCH ABSTRACT PO BOlt ~5' SHAlCorE€.,...' 5537tt Valley Surveying CO.. P A. SUITE 120-C. FRANKLIN TRAIL OFFICE CONDOMINIUM 16610 Fn.ANKLlN TRAIL S.E. PRIOR LAKE. MlrmESOTA S~372 TELEPHONE (612) 447.2~70 ~ ,.,. :~.~:;3~' ".... ~..,...._..".. - .,.""," " ~:.':~.., ;' . ~ \ ~ \ """ \ ~ ~. \ ~~ \ ; '7"'''''' \\ / \~ ~ t. / \ ~" / \ f \ /1 \\V/ \ ~/ .... ".... .....",~I 10' , -f.~ \.-~ o~ ~\ '? :.~"r;':_~' r...t " mM.e ''''!'I: !ll1I".I".!: AOU:3. !;eo:Itt (bo.dy. "l..........t.a. .;..""",t...... ..,'....1"'1' _t .. ",l"t (Ir\ tM -.!t"....ly It"" of ...'" tC't 1. "tl'tM~ I.U r""'1: _t."'__tlO('lr .., t"" ""'tt~"t'!d11llanl'!1l' ..r ...1" tf1t 1l tt-_ tt'oIl'th J1 '."""_" DC .l~... .... ~..ennd _., ..~ ........1"" ..I""" .. 11_ ok_ ~.. ro1nt '"" t.IMI ""Il't"'~lr 11..... of ....1(1 Let 1. dt..t....t 1.M '''''I: _'l't..dr ~f t"" ftMt.......~ltrl' C':'C'O'.'l'''f....I''tnl:'It..hene<t!'louthU...,r_05''''-nut'!.5'~e.."t. dlet.<>ew (If 6'1.1' r....tl ttt.>?J Sooot.II II do!1n- 02 ..I...ot.... ]I) ~"" ,...!tt .. dl..t~..,,( :JJ.51 rll"f't to tI... ,...lrot"fl-JI...I"1. 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(1'1 1M) (~~I"'I:>I!tlll<'l'I':,~~~I~,lt)Ctlll~,'it'nllll'rull~___ No delinqllent taxl'S alllltransfer cntered; Certificate of Real Estate Vallie ( ) filed ( ~liot required Certilieate of R? 9state Vallie No. /..;{ ,192'1: r /X;.~/ /~'l/ County Auditor '/~~ ) hy 7y4' ~..,.,.-/ Deputy STATE DEED HX DUE IIEREON: $ /. b ~ l)ate:J"Vl.r' .3c.. 191'3' ('C5CfVC'd lin ICWltting. d:ll:l) FOR VAI.UABLE CONSIDERATION. Mesenbrink Construction & Engineering, Inc., a corporation under the laws or Minncsota, and G ami R Enlerprises, Inc. a corporation under the laws or Minnesota, Grantors, herehy conveys nnd quitclaims to Erick 1'. Vedeen. real property in Seolt Couoly. Minnesota, described as fnth"vs: That part ofl.o( 7, MAPLE PARK SIIORE ACRES, Scoll County, Minncsota, described as follows: Beginning at a point ontl1<! southerly line of saki Lot 7, distant 6.23 IS..1tpllorthea~tcrly of the southwcsterly corner of said Lot 7; thcnce North 17 degrees 04 Minutes tItI seeonds'~01slit~illcd hcaring along a line drawn to a point on the northerly line of said Lot 7, distant 7.60 feci easterly of the northwesterly corner of said Lot 7; thence South 22 degrees 05 minutes 55 seconds East a distance of 69.13 feci; thence South II degrees 02 minutes 30 seconds East a distance of 57.5\ fcetto the point of beginning. COlllaining 381.2 sqnnre leel. .;IS 03t, ()t'7 / togelher wilh all hereditamenls and appnrtenanees belonging therelo. Thi!; dfCt! b ~"'Ct1 In :U!.iwd n dic;r-H!cd lmumb.-:)' Hue pUl'sl!~nt to I\'Jinu. S~!\t. ~'1(;2.J~2 ~uh!1. 12 :1IHI ,lor."lj not ronstilllle :1 !i1lhdi\"ision. No:S]J//(J Oci'd T~x I~r~ 01 $ j, t;,..5' paid th,s d~y 01 ~, 19 i~ '!l~"-)){t!!~1;'...JCOll~fY Treasurer Allh Deed Tax 8t:III1P IISonrscrl'ahon Fre Paid Ju-. STATE OF MINNESOTA COUNTY OF .s c.. <::> -r ,- } ss. The foregoing instrument W:IS acknowledged before me this 30 TH dnyof ;JVl.r . 1998. hI' .:foA... IHeJ~" It;./< . . the Ptc'IS,'dc.",f of Mesenbrink Conslrtlctk-n & Engilleering, IlIe. a corporation ulI'der (he laws of MII~~ota.ol1b~halfofth"c"rporatiulI. q.<( "1 1..,,.r,.Ge.';~~e.r, fre_:clc.....+- ..-f &...<11< l!,dt:,.f'f':"e.~, 2:'1<"__, ..___,....__~........__.._o~._.. ..."'..~. ..1{1_.f~.4._.~__'_Dr~. .~....\%!f.~~.!e~~!)lAlO~...l"I!?1Jll;/\~t IlANK) .:'.~-~~:. WADE KOHLRUSCH J L :It;';~'''' tlOTMYPUBUc-MINNESOTA I S1';N^nJlll,OFrEn~ONI^KINU^(,KNO\l".EI>GMENT I: '~;~.f]t: SCOTTCOUKlY ! ~ . ..~...' MyComm. Expires 01.31.00 .'~1.-:-~:A?~.~t!'~~~t:,.~e..c;.::'i':";,:;.t"'.....:~~ - - Tn.'( SI:lIC'l1Ic"l~ Ih, lhe rC:l1 propcrly dC'!'Crihcd illlhi~ ill!illlllllcnl ~honM he .~Cllt III (Include nnnlC' nnd :llldIC~~ Or(jl:llllcc): Erl.ck P. Vedeen 15287 Fairbanks Trail NE Prior Lake, MN 55372 083117 VEDEEN C01'l B.o\3IC -/. SCOTT ~ 292131 RecOl'dulg Special ists, IrK:C. 79 Western fJ..ve. N. Sui te C St. Pa.II, tN 55102 'I III!'; IN~IRl'MENT WAS 1l1t,\Fllmnv (NM,m^NI)^t)l)RE~~) IJradley N. I1cisc1 Scholle, l1eiscl & Metcalf, LId. 430 l'iIIsblllY Center Minncap(,lis. MN 55402-14R8 12/23/98 WED 16:12 FAX 6124474245 CITY OF PRIOR LAKE .... tal 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 fot 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 Seetlon 6-1~3 of the Subdivision Ordinance for your infonnation. I have a/50 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. 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, ~ 1.,--...... Q . ."-"~ . (7fne A. Kansier, ICP . .....planning Coordinator Enclosure 16200 Ea~~~~~~~~~g~ Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNI1Y E."lPLOYER L ," " 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 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. Tills 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 ismy 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, BNB/lh cc: Ann Peterson (97-03371) enclosures .fI" QUIT CLAIM DEED COflJOf3lion or Partnership to Corporation or Partnc"IShip No delinquent taxes and transfer entered; Certificate of Real Estate Value C ) filed C.c..--rnot required Certificate of Rea Estate Value No. ~ , 19 7'P / bY~///aJ County Auditor Deputy STATE DEED TAX DUE HEREON: $ /. b ~ Date:,]"""''''' ,3(), 19't'3' Form No. 31-M Miller-Davis Lel!lll Fonns Minnesota Unironn Conveyancing BlankS (1978) (reservcd for recording data) 1 FOR VALUABLE CONSIDERATION, Mesenbrink Construction & Engineering, Inc., a corporation under the laws of Minnesota, and G and R Enterprises, Inc. a corporation under the laws of Minnesota, Grantors, hereby conveys and quitclaims to Erick P. Vedeen, real property in Scott County, Minnesota, described as follows: That part of Lot 7, MAPLE PARK SHORE ACRES, Scott County, Minnesota, described as follows: Beginning at a point on tht! southerly line of said Lot 7, distant 6.23 ~ta:~rth~terlY ofthe southwesterly corner of said Lot 7; thence North 17 degrees 04 Minutes 44 seconds e~s~umed bearing along a line drawn to a point on the northerly line of said Lot 7, distant 7.60 feet easterly of the northwesterly comer of said Lot 7; thence South 22 degrees 05 minutes 55 seconds East a distance of 69.13 feet; thence South 11 degrees 02 minutes 30 seconds East a distance of 57. 51 feet to the point of beginning. Containing 381.2 square feet. together with all hereditaments and appurtenances belonging thereto. AS o3~ ()t?7 / This deed is given to adjust a disp~tcd boundary Hne pursuant to Minn. Stat. ~462.352 slIbd. 12 llnd does not constitute a subdivision. No...sO lIt) De.ed Tax ~rW! of $ h ~ paid thiS day ot~6~, 19~ ~~1!!J.k,.JCounty Treasurer Affix Decd Tax Stamp H~PJ1scrvation Fee Paid STATE OF MINNESOTA } ss. COUNTY OF -5 c.. c:> -r ..,- The foregoing instrument was acknowledged before me this 30 TH day of ;]Ul..r , 1998, by S.~" IHcs~""I"'..k , the Pt'e '..de.... f of Mesenbrink Construction & Engineering, Inc. a corporation under the laws of Minnesota,onbehalfofthecorporatioll. 114." '1 J."""'rGe.,,__er 'r.u.:t:/c,,,,+- of fi4.tlf( 1!'.,'fe~I!~;.e.::.. I.. RANK) ~~C~' "'~~;~4~:~I" SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT 1 I I 'OIlS INSTRUMENT WAS DRAFIliD BY (NAME AND ADDRESS) Bradley N. Beisel Scholle, Beisel & Metcalf, Ltd. 430 Pillsbury Center Minneapolis, MN 55402-1488 Tax Slatemcnls for the real property described in this instrument should be scnt to (Include name and address of Grantee): Erick P. Vedeen 15287 Fairbanks Trail NE Prior Lake, MN 55372 083117 VEDEEN COMM BASIC SCOTT T 29281 {Recording SpeCialists, I~~. 79 Western Ave. N. Suite C St. Paul, MN 55102