HomeMy WebLinkAbout00-034 Variance Returned
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. J)
~(l. T)~
U~~~:_~ansier, AICP
Planning Coordinator
Enclosure
.J:\OOfile.s\OO~dlllat\OQ;033\return.doc fRge 1
16200 cagle LreeK Ave. ::>.c., PrIor Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6 Z) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
/
CoP'-! ~ O!2ib iNItL D3TulZt0ED 0lJ BeAD B fftSEL
4=D~- A-DDtTIDI'0~ SlG0Pr\1.-UeES 4{ ([{en ~
Planning Case File No.
Property Identification No.
City of Prior Lake'tttntt~.OO"'ml
- LAND USE APPLICATION \.v~~ ~OO.-.O~~
16200 Eagle Creek Avenue S.E. / Prior Lake, Minnesota 55372-1714 / Phone (612) 44~O;.'t:'axt6i.2j'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, Camp. Plan or City Ordinance
o Subdivision of Land
a Administrative Subdivision
b ~onditional Use Permit
lz:; Variance
sheets/narrative if desired) ~ cJc
EJ1Cf'IJ~cJl'HeIl1 1. Ve e.eTl D€.
re,~lAbl"eS' 107 I;~~ a~iA5tm~"1-t
Applicable Ordinance Section(s):
Applicant(s): f r ,. <- I< f'. VetJ e.1i-
Address: lJ '67 :r;. if' hI) II K. f .
Home Phone: .b I). - .;t?- 6 . 3 OJ 1
N~
Work Phone:
Property Owner(s) [If different from Applicants]:
Address:
Home Phone: Work Phone:
Type of Ownership: Fee./' Contract for Deed _ Purchase Agreement----,-
C-
Legal Descri ion of Property (Attach a copy ifthere is not enough space on this sheet):
~ a tt C-h.
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 wiII not be r ces ed until deemed complete by the Planning Director or assignee.
Lj-7-- 00
Date
Applicant's Signature
Fee Owner's Signature
Date
THIS SPACE TO BE FILLED IN BY THE PLANNING DIRECTOR OR DESIGNEE
PLANNING COMMISSION
CITY COUNCIL
APPROVED
APPROVED
DENIED
DENIED
DATE OF HEARING
DATE OF HEARING
CONDITIONS:
Signature of Planning Director 'or Designee
Date
.v~~ \ ~
CITY OF PRlOR LAKE
Impervious Surface Calculations
(To be Submitted with Building Penn it Application)
For All Properties Located in the Shoreland District (SD).
The Nfaximum Impervious Surface Coverage Permitted in 30 Percent.
Property Address L,'"r COl. ~t>[o l_D+-~LC ~'Q.L 6~~ ~S
Lot Area -=3, 3~q ~..rJ-Ah\l~ C\o"t,g8q. Feet x 30% = .............. "2..'2. is
******************* ****************************************************
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LENGTH
WIDTH
SQ. FEET
x
x
x
=
=
ATTACHED GARAGE
=
TOTAL PRIN CIPLK STRUCTURE......................
1€>1
x
x
TOTAL D ETA CHEn BUILD IN GS.......................
ZS1LQ
x
x
x
=
=
=
TOTAL. PAVED AREAS.........................................
\\\LP
P ATIOSIPORCHESIDECKS
(Open Decks Yo" mj.n, opening between
boards. with a pervious surfac.e below,
are not considered to be impervious)
x
x
=
=
x
=
TOTAL . DE CKS........................................................
OTHER
toy\(...~\.e.- ~'(2...e~S
x
x
=
=
TOT AL OTHER............ ...........................................
\ \..\.~
I~
I ~'"".,,, I
L.-"'L3-00
TOTAL IMPERVIOUS SURFACE
UNDE~U
Prepared BY~~~~
companyjal\4-:;\Yl'N~C., p \\
Date
Phone #
'\..\:'{l- -z..S L '0
· ~ p...r-c ~ \ sg
CITY OF PRIOR LAKE
Impervious Surface Calculations
(To be Submitted with Building Pennit Application)
For All Properties Located in the Shore land District (SD).
The NIaximumlmpervious Surface Coverage Permitted in 30 Percent.
Property Address3 /DL(:)~ --"1, ty\Po,{,l,J;;; f'~"- S""()~€... Pcc..~-s.
Lot Area '5) L.\ eo s^ ..t~ a.\;)\N-e qu4.~Sq. Feet x 30% = ..............--1loq~
* * * * * * * * * * * * * * * *.* ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * *
LENGTH
WIDTH
SQ. FEET
HOUSE
x
x
x
=
=
ATTACHED GARAGE
=
TOTAL PRINCIPLE STRUCTURE......................
DETACHED BLDGS
(Garage/Shed)
x
x
TOTAL D ETA CHED BUILD IN GS.......................
x
=
x
x
=
=
TOTAL P A.. YED . AREAS.........................................
\ \ ~<o
P A TIOS/PORCHESIDECKS
(Open Decks W' minJ opening between
boards. with a pervious surface below,
are not considered to be impervious)
x
x
=
=
x
=
TOT AL. DECKS........................................................
OTHER
x
x
=
=
TOTAL OTHER.. ..................... ........ ............... .........
TOTAL IMPERVIOUS SURFACE
~VERU
PreparedBy __j'.'-f ~J~~
Comp<U1yJI. \~.. 0lJ~"~1""
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Date '2.- '-3 -cD
(,0 '/ ~ ~ · Phone # L\ 1..\, ~ 'Z- s.,0
LARR~ GENS MER
RT. I, BOX 227
.PRIOR LAKE, MN. 55372
Valley Engineering Co., Ine .
SUITE 120- C, /6670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINIUM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) 447- 2570
447-3241
---- --- --- -- ....,
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25 FT. PL TRAIL ' ", ~ ___ \\ ..
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SW'ly Cor. 0'
lOt 7_
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.
I ~
SCALE IN FEET
o Denole. Iron monumenr .el.
. Denole,'ron monlJmenl found.
;;,
(, .
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I hereby cerlify fhOl Ihis survey
was prepared by me or under my
dlrecl supervision and fhal I om
o dOJly Licensed Land Surveyor
under the lows of Ihe SIole of
Mlnnesola.
Dole
FILE NO 7151
I'll( /56
License NO. 10183
PG 60
-----
~ 272.15
GENERAL PROPERTY TAXEs
Historical Note
Laws 1897, c. 344.
The 1976 amendment changed the till ..1
register of deeds to county recorder. e ....
The 1986 amendment authorized the rem .
al of nonsubstantive gender specific referent::
Derivation:
St.1927, ~ 2214.
Gen.St.1923, ~ 2214.
Gen.St.1913, ~ 2195.
Rev.Laws 1905, ~ 988.
Cross References
Accounting by county attorney, see ~ 388.13.
al
I't
Library References
Records e=>6.
WESTLAW Topic No. 326.
CJ.S. Records ~~ 9 to 18.
Certlfication by county attorney 3
Errors in original plat 1
Fees 4
Mineral rights 2
Notes of Decisions
surface rights had been forfeited to state. Cp.
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. Certlfication by county attorney
The power of county attorney to certify thal
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
8t.1927, ~ 933 (see, now, ~ 388.13) to include
in his report and turn over to the county trea-
surer any fees collected under 8t.1927, ~ 2215
(see, now, this section). Op.Atty.Gen.1938. No.
133, p. 263.
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 ;:
.1 ! ;
~ 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. Cp.
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- St.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
----:~ - .~. .v,~, \jt;i'iERAL PROVISIONS
112
situated for a detennination, made in the manner prescribed by Minnesota Statutes 1945
chapter 278." .. " .. ,
History: 1949 c 619 s 1; Ex1967c: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 1. Conditions restricting transfer.. When a deed or other instrument Con-
veying a parcel ofland is presented t9 the county auditor for transfer or division under sec-
tions 272.12, 272.16, and 272.161, the auditor shall not transferor divide the land or its net
tax capacity in the official records and shall not certify the instrument as provided in sec~ion
272.12, if: _.
(a) The land conveyed is less than a whore parcel of land as charged in the tax 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. Conditionsallowing transfer. Notwithstanding the provisions of subdivision
I, the county auditor may transfer or divide the land and its net tax capacity and may certify
the instrument if the instrument contains a certification by the clerk of the municipality:
(a) that the municipality's subdivision regulations do not apply;
(b) that the 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 instrument is presenteq to the municipality and any of the conditions
for certification by the municipality as pr:oyided 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 that choice
with the auditor and recorder of the county in which it is located.
History: 1982 c 564 S 1; 1983 c 239 sl,2; 1986 c 444; 1988 c 719 art 5 s 84; 1989
c 329 art 13 s 20
272.17 LIST OF CERtIFICATES OF SALE FILED WITH AUDITOR. ,
On February first of each year, the county recorder and registrar of titles shall make out
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 records 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 ofIand is divided into parcels of irregular shape, which cannot be
described except by metes and bounds, the owners thereof, upon notice thereof being given
113
t
l
1
by the C.OUl
tied nllul, s
plat record
30 days aft
make such
inCOr:poratf
tains a licel
make such
ble; but, if
incorpora~{
or, if one l~
which the c
shall be fi.I f
recorded pl
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 ce
cate thereoJ
and platted
vey a portie
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 reconcile
licensed lar.
stantiallyas
this day rev
parcel of la
forms to th,
whereof! h
Signee
Licem
Such r
office of thf
ber of an au
the county 1
taxation pu;
existing pIa
462.352 HOUSL'\'G, REDEVELOPMENT. PLANNING, ZONING
.--.
826
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. "Ofticial 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 appropriate 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 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:.
dance with section 462.358, and unless otherwise specified in the applicable subdivision re&r 9i-.,..:,,_,..
ulation, preliminary approval may be granted only following the review and approval 0 '::~ '" .,.
preliminary plat or other map or drawing establishing without limitation the number. lay~u~L::ZLc"'-
and location of lots, tracts, blocks, and parcels to be created, location of streets, ro~ds, utJ!t~W--
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,'?~r~'~~..
"land," "lot," "parcel," "property," "real estate," "real property," "site," "ten:tory. and,
"tract," and other terms describing real property shall include within their meamng. but pOl
" . ._....,~.,.....,._--,~-'..~"_...~ ---'....., '.-"'-'-- " --j'~-'---"-< .- _.- .....'"'.. .'.~ .". .... .' . ~~." ._---~...- _... ---"-'~"'-'" - ....-.. . .
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
Plannine: Coordinator
City of Prior Lake
16200 Eae:le Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9810
Fax phone: (952) 447-4245
o Please comment
REMARKS:
o Urgent
~ 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\OOadplatlOO-033\lot 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
IaJ 001
SCOTT COUNTY
DEPARTMENT OF TAXATION
GOVERNMENT CENTER
200 FOURTH AVENUE WEST
SHAKOPEE, MN 55379
(952) 496.8115
Fax: (952) 496.8135
larnoldi@co.seott.mn.us
bttp:/lwww.co.scott.mn.us
LEROY T. ARNOLDI
DEPARTMENT OF TAXATION, DIRECTOR
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
f2J For your review
o Reply ASAP
o please Comment
Erick Vedecn Property
(2) Warranty deeds filed yesterday with Mesenbrink & G and R Enterprises transferring each of their 50%
interest in Lot 7 to Erick P. Vedeell
06/06/01 WED 11:54 FAX 6124968135
SCOTT COUNTY TAXATION
f4I 002
/
~ (?K -.?L{. ~
3'.
WARRANTY DEED Corporalion or Partnership to ImlividuaJ(s)
STATE DEED TAX DUE HEREON: $ J"3.75'
-WELL CER11FICATE RECEIVED
~WEU CfRTJfICAJE NOT RfQUIRED
Date: April 11 th, 2001
FOR VALUABLE CONSIDERATION. G and R Enterprises, Inc" a corporation under the laws of the State of Minnesota,
Grantor. hereby convey(s) and wan-ant(s) to Erick P. Vedeen, Grantee(s). real property in SCOTI' County. Minnesota, described
as follows:
That part of Lot 7. MAPLE PARK SHORB ACRES, lying easterly of the rollowing described line:
Beginning at 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 the northwesterly
corner of said Lot 7. and there terminating. d.. 5-031..o00l-~ -U~ .
"n.. Seu" arlifiu 'ha< "0 SoU" ..... no< -.. oj'... -,,, - ... do""'" ,.., p~po"Y- " ~ 'rJ- tP ?
(if more space is needed. continue on back) u)\ \\ \i) \ a.fiJ)
togelher with all hereditaments and appurtenances belonging thereto, subject to the toll owing ~ceptions: Subject to easements,
restrictions, reservations of record. if any.
r('")
\
O'C
()<::)
Affix Deed TaJI. Stamp Here
~~
Name: Larry G mer
Title: President
STATE OF MINNESOTA }
COUNTY OF SCOTT ss.
The foregoing instrument ",as acknowledged before me this 11 th day of April, 2001, by Larry Gensmer. President of
G and R Enterprises. Inc.. a corporalion under the laws of the State of Minnesota. on behalf of the corporation. Grantor.
NT
NOTARIAL 51'AMP Ok SEA~OR.~~~~!~tr&hf OR RANK>
\J.~DI' cl.DVl2f ~ ,
~~!'I_"::UC..ldDI'A ,
C'...i.::~:.r,~ 1a!I",__,~
. ....:.~. .,;... ...._.~-...-fIll-
Tax Statements for tile real property described in <hi. instrument should be
sent to (Include name and address of Grantee>,
Erick P. Vedeen
15287 'Fairbanks Trail
Priur Lllke, MN 55379
~HIS INSTRUMENT W hS DIlAFTED BY (NAME AND ADDRESS
7- Kohlrusch Scott/Carver Abstract Co.. Inc.
128 West 3rd Avenue
P.O. Bo," 355
ShaJcopee. MN 55379
File No. ST7SGIB
06/06/01
WED 11:54 FAX 6124968135
. .Jr:f l{1t
g>-V\P ~C; L{
6t0/~
SCOTT COUNTY TAXATION
141 003
.
3'.
~
~lS" "3
\Q.5J
~ 1. q2~
WARRANTY DEED [ndividuaJ(s) 10IndividuaJ(s)
STATE DEED TAX DUE HEREON: $ 103.95
~WEl.L CERTlnCATE RECEIVED
~WEl.L CERDflCATE NOT REQUJRfD
Dale: April 11th, 2001
FOR VALUABLE CONSlOERA nON, John Mesenbrink and Mary Mesenbrink, husband and wife, Grantor(s). hereby convey(s)
and warram(s) to Erick P. VedCl,.,"Tl. 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 al a point on the southerly line of said Lot 7, distant 6.23 feet northeasterly of the southwest~r1y comer of said
Lot 7, Ulence 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 there terminating.
'J. cJ- (j 3\.0 OOI-{)
"The Seller cenifies rhaJ the Seller does n~~ know of any wells on the described real property. H
(if more space is needed, continue on back)
together with all hereditaments and appurtenances belonging thereto. subject to the following exceptions; Subject to easements,
restrictions, reservations of record, if any_
Affix Deed Tax Stamp Here
~~
/IID Mesenbrink
/
,/
././ ~~ ~~~/~~
Mary Mesen ink
STATE OF MINNESOTA}
COUNTY OF SCan ss.
The foregoing instrument was acknowledged before me this 11th day of April, 2001, by 101m Mesenbrink and Mary
Mesenbrink. husband wife. Grantor(s).
Nl)TARIAL STAMP O~. SEAJi.~OR ~ OR RANK)
. LlNDAC&.rMBY ;.
NDJJUWPLlwc._ArA ~
~~_."'J
. -.. .......... -. ..~-'t:C1 1:1111 )
1
-'SIG TURB Of pa~SON TAKING ACKNOWLEDGEMF.:NT
Tax Slatemcnt, for the real pl'operty described in thi, instrllment should be
,e;:nt to (lnl:lude nallle and addrc..'5 .,f GI'IlTltce):
THIS INS'/'RUMBNT WAS DRAFTED!:lY (NAME AND ADDlU:!.$S'
y.. Kohlru,ch Sl:ott/Carver Ab~lnICI Co., [nl:.
128 West Jrd Avenue;:
P.O. B\'l" 355 '
Shakupcc. MN 55379
File No. ST7$G I
Brick P. Vedeen
15287 Pairbanks Tr~i1
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 licensed in W'isconsin
FAX COVER SHEET
PLEASE DELIVER THE FOllOWING PAGE(S) TO:
NAME: Jane. kans I.e.',
FAX NUMBER: to (2,~441- 42.45
SENDER: vUesQn Lea POte ~
2-
DATE:
ADr, I
I
I~J/Cfq'1
I
FAX #: (651) 452-5550
TOTAL NUMBER OF PAGES:
(INCLUDING COVER PAGE)
r
IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL Su.san kUYIOf.n
AT (651) 452-5000.
RE:
COMMENTS:---!2l ea Sf! 31\.1 Q.
a
&l.~
+0 1) Dn '
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
.
6123496409
SCHOLLEBEI SELMETCALF
PAGE 01
.........-.
--
v~{-
VEDEEN DECK ENCROACHMENT
OUR FILE NO.: 6407-98CW
VOICE MAIL MESSAGE SENT
MONDAY. MARCil ~. 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, 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 nonconfonnity and that the lot 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 dty 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 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
wr...m
Dept.
Phone"
. 1-"",(\ tt~ '-., ~~ ata.
'i......
filE COpy
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~d}\~~~!!:~~rior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (6f~Qf47-4245
AN EQUAL OPPORTUNITY EMPLOYER
....,.~~.____ ~., "'''~''.' '.".-..<...1-. ~,~,"......~...-.r....,~.;,.,...,-
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,
C.~
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.com/beisellaw
April 7, 2000
Ms. Jane Kansier
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
r'......., r--'";
'" \ ; '.,
U) L~ ...
APR J lam
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 of the 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 Messenbrink/G 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,
HOESCHLER & BEISEL, LLP
U);,
Bradley N. ~el
BNB/lh
enclosures
cc, wlo 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
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********************************************************************************
1
..CITY OF PRIOR LAKE
16200 EAGLE CREEK AVENUE SE, PRIOR LAKE, MN 55372
To: Suesan Lea Pace
Halleland Lewis Nilan Sipkins &
Johnson
Pillsburv 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
Citv of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (952) 447-9812
Fax phone: (952) 447-4245
REMARKS:
o Urgent
~ Please comment
~ 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
\: .to.
L ~j~L
\ 9~U Midwest Plaza East
800 Marquette Avenue
Minneapolis, MN 55402-2842
, ,
I
Ii. i,
Ii l)) I
!V 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.E.
Re: Vedeen Deck Encroachment; Our File No.: 6407-98CW
Dear Ms. Kansir:
As you recall, I have . been working to. record. a quitclaim deed. of a portion Lot 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 11 (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,it from the city 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,
~}SC~R & BEl
~.
Br~leY-N~isel
BNB/rgV'
cc: (w/o encl.)
Erick Vedeen
SCHOLLE, BEISEL & METCALF, LTD.
MARK SCHOLLE
BRADLEY N. BEISEL
ROBERT S. METCALF
LESLlEC. SCHOLLE (1909.1988)
ATIORNEYS 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
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 bt~ 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. f/462.352 Subd. 12 and does not constitute a subdivision."
Mter 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 suo division 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
SURVEY PRErAIIED FOR
ERICK VEOEEN
C/O KOHUlUSCH ABSTRACT
PO BOJ[ 355
SHAKerE!!: . Jotl 55379
Valley Surveying Co., P. A.
SUITE 120-C. FR4M(L1N TRAIL OFFltE CONDOMINIUM
16670 FRANKLIN TRAil 5.E.
PRIOR LAKE. MINNESOTA S5312
TELEPHONE (GI2H47-2"O
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No dclinqnenltax('s and transfer cntcred; Certilieale
of Rcal Estate Valne ( ) filed ( """lIot required
Certificate or It? ;Slale Valnc No.
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STATE DEED TAX DUE IIEREON: $ /, " ~
lJale:.JVl.l' .3Cl. 19'1'8'
(reserved lil1ICl,'llltlil1l! d:\l:t)
FOR VAI.UABLE CONSIDERATION. Mesenbrink Construction & Engincering, Inc., a corporation under the laws of
Minnesotn, nml G nnd R Entcrpriscs, Inc. n corpomtionunder the Inws of Minncsotn, Grantors, hereby conveys amI
qnitclaims 10 Erick I'. Vcdeen, real prc>perty in Seoll County. Minnesota, described as follow"
Thnt part ofl.ot 7, MAPI.E PARK SIIORE ACRES, Scott County, Minncsota. described ns follows:
Beginning at n point on tht! southerly line of said Lot 7, distnnt 6.23 lS.1t,,!lorthca~lcrly of thc soulhwcslerly
cmner of saki Lot 7; thence North 17 degrees 04 Minulcs "" seeonds'~0,Jit~illcd bearing nlong a linc drawn
to a point on the northcrly line ofsnid Lot 7, distnnt 7.60 feel. ensterly of the northwcslerly corner of said Lot 7;
thcnce South 22 degrees 05 minutes 55 seconds Enst n distance of 69.13 fect; thcncc South t I degrees 02
minutcs 30 scconds Easl n distance of 57. 51 feet to the point o[beginning.
Conlaining 3lll.2 sqnare leel.
,;{.:J 030 ()t' 7 I
logcther wilh all hcredilal11enls and appurtenances belonging therelo.
Tllt:'\ drcc! b gh'en tn nd,iw;f n dic:p!!tcd hnumh'J")' Hne llursnnn1 to !"linn. St~t. ~'H;2.J52 ~1l1)!1. 12 :lnd (In('~ no'.
ron~lit nl(' a slIhdh'ision.
No..sP II<J
Dct'd T~x ~r~ of $ j, (;,..S'
paid th,s d~y 01 :z1~(,. ) 9 Y-cR
&.~.I-.))J;,~,tb"..,rr.oll~ry Trmllrcr
Allix Decd Tnx SlamI' IIS-arson'alian rre Paid
Ju-. '
STATE OF MINNESOTA
COUNTY OF .-5 c... <::> T ,...
1.
j 55.
The foregoing instrumen( was acknowledged before me Ihis 30 TH day or .J'UI.Y . 1998. hI' .:Jo^" IJfeJ~.. lr....k
. ,the PrCI$,'dc....f of Mesenbrink Cons(rucliOll & Engillcering, IlIc. a corporationu';der (he Inws or
Mn~l~ota,onb:halroflhr.ef'rp'JralivlI. '1.,( ~r 1..,,.,.,.Ge,j~....e.r, frc.:clc....+- of G..,,,I(. /?..tt:'er:lie.~.
;",,~~~~.tef\!J~!)lAl'~..l!'n?1:JIl;/l~tItANK) :Z;'H..,.. ""~'..". <'01' ',"'" '/el,..I-P .ff".e.<Dr,...
'-' ~.-:-~ WADE KOHLRUSCH ~l -------._ ~
1; :6:;~, IIOTARY PUBUG-MINNESOTA .- . -. - ---
q :S':.1.::W SCOTTCOUNlY I SI"NAllJIIEOI'I'EItSON 'AI:IN<.l,\l"KNOI\"-WGMENT
!. . .~..., MyComm. Expires 01.31.00
._-;:--:'~:'.~'-' ..:;~ .~~..!. ~,_o.:;:.e:.-::':'-~'. T:t:<. SI:tkl11c"l~ Ihr the rertl propel I)' dt'~rihcd ill Ihi~ il1l'hulllcnl ~honM he
.!tenllo (Include n:tlut" nnd a"dlc~~ Or(jrmtlcc):
Erl.ck P. Vedeen
15287 Fairbanks Trail NE
Prior Lake, MN 55372
020.3117 vr::DEEN CCl1'l Bt\3IC
SCOTT T 29281
{RecO,--ding SIx'Cia1ists, In=,.
79 Western Ave. N. Sui te C
St. Paul, ~1'J ~.5102
'11I1~ INS lIH'~IENT \\,,\S nlMFIEIl JlV (N"~m ^NU ^IJIlRE~~)
Oradley N. I1cisel
Scholle, Beisel & Melenlf, Ltd.
4J() Pillsbury Cenler
Minllcnlwlis, MN 55402.14R8
-----------------.----
12/23/98 WED 16:12 FAX 6124474245
CITY OF PRIOR LAKE
....
141002
fILE COpy
December 23, 1998
Bradley N. Beisel
Scholle, Seisel & Metcalf, Ltd.
430 PiJ/sbury 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 tot 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 infonnation.
I have also attached an application for an Administrative land Division. Please retum
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, ~
,.....--..... /I .
. ". -' . O'\f..t.... LA' .
{If,e A. Kansier, ICP .
,....planning Coordinator
Enclosure
16200 Ea~~~~~~~~~g~ Lake, Minnesota 55372-1714 I Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORlUN\TY E."IPLOYER
~ ~..
''t
'.
SCHOLLE, BEISEL & METCALF, LTD.
MARK SCHOLLE
BRADLEY N. BEISEL
ROBERT S. METCALF
LESLIE C. SCHOLLE (1909.1988)
A TIORNEYS 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 PRlOR 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 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 MessenbrinklG 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. ~ 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
,'111 QUITCLAIM DEED
Form No. 31-M
Miller-Davis Lel!lll Fomls
Minnesota Uniform Conveyancing Blanks (1978)
Corpora/ion or Partncrship to Corpora/ion or Partnership
No delinquent taxes and transfer entered; Certificate
of Real Estate Value < ) filed <.c...-rnot required
Certificate of Rea Estate Value No.
~ , 19.z'~
/
by ~ /' V/a-J
/
County Auditor
Deputy
STATE DEED TAX DUE HEREON: $/. b ~
Date: .J v,- l' 3{), 19''3'
(reservcd for recording data)
~
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 ~t~:~rth~terlY of the southwesterly
corner of said Lot 7; thence North 17 degrees 04 Minutes 44 seconds e~as'iumed bearing along a line drawn
to a point on the northerly line of said Lot 7, distant 7.60 feet easterly of the northwesterly corner 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.
.;{ S 03~ ()t7 7/
This deed is given to adjust a displ.!tcd b:mndur:r Hnc pursuant to Minn. Stat. ~462.352 sllbd. 12 llnd does not
constitute a subdivision.
No..s/)//~
De.ed Tax ~r~ of $ ./,~
paId thiS day of2>6-~. 19Q
~~~County Treasurer
Affix Deed Tax Stamp H~FJ'servation Fee Paid .
STATE OF MINNESOTA
COUNTY OF 5 <- "".-.- } ss.
Inc.
The foregoing instrument was acknowledged before me this .]0 TH day of JUL.r , 1998, by .j".4" AfcS~.. ",.,'J:
, the P"e 1$ ..de..... + of Mesenbrink Construction & Engineering, Inc. a corporation under the laws of
Minnesota, on behalf of the corporatiull. ,..4" "11.4"""(;."_-_" '''c.:t:!e.,,+- 6-F (j,.,.tll< l!'.,t~~I!";6e..::.,
I. RANK) I ~~<~:~ "'~;~~4~~-:".
SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT
nns INS1RUMENT WAS DRAFTED BY (NAME AND ADDRESS)
Bradley N. Beisel
Scholle, Beisel & Metcalf, Ltd.
430 Pillsbury Center
Minneapolis, MN 55402-1488
Tax Statements for the real property described in this instrument should be
sent 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. St../ite C
St. Paul, MN 55102