HomeMy WebLinkAbout00-059 Vierling Ag Preserve
Vierling Property
Property Information
Parcel 10: 259240030
Taxpayer Name: VIERLING FAMILY L TO
Taxpayer Address 1 : 14310 PIKE LAKE TRL
Taxpayer Address2:
Taxpayer Address3: PRIOR LAKE MN, 55372
Property Address1:
Property Address2:
School District: 720
Estimated Land Value: $9,190,500
Estimated Buildings Value: $0
Total Estimated Market Value: $9,190,500
Home Style:
Prime Square Footage:
Bedrooms:
Bathrooms:
Year Built:
Last Sale Date:
This drawing is neither a legally recorded map nor a survey and is not
intended to be used as one. This drawing is a compilation of records,
information. and data located in various city, county, and state offices. and
other sources affecting the area shown, and is 10 be used for reference
purposes only. Scott County is not responsible for any inaccuracies herein
contained. If discrepancies are found, please contact the Scott County
Surveyors Office.
Last Sale Value:
Deeded Acreage: 160
GIS Acreage: 149.84418
Zoning Classification:
Legal Description: Sect-24 Twp-115
Range-022 160.00 AC SW1/4
Plat Name:
Block:
Lot:
Septic Type:
Date Installed:
Tank 1 Capacity:
Tank 2 Capacity:
Pump Tank Capacity:
Date of Last Pump:
Unique Well & Boring No.:
Well Depth Drilled:
Well Date Drilled:
Map Scale
1 inch = 1044 feet
N
W+E
S
r&ott
Map Date
2/3/2009
Vierling Property
Property Information
ParcellD: 259230150
Taxpayer Name: VIERLING FAMILY L TD
Taxpayer Address1: 14310 PIKE LAKE TRL
Taxpayer Address2:
Taxpayer Address3: PRIOR LAKE MN, 55372
Property Address 1 :
Property Address2:
School District: 720
Estimated Land Value: $2,553,000
Estimated Buildings Value: $0
Total Estimated Market Value: $2,553,000
Home Style:
Prime Square Footage:
Bedrooms:
Bathrooms:
Year Built:
Last Sale Date:
This drawing is neither a legally recorded map nor a survey and is not
intended to be used as one. This drawing is a compilation of records,
information, and data located in various city. county, and state offices, and
other sources affecting the area shown, and is to be used for reference
purposes only. Scott County is not responsible for any inaccuracies herein
contained. If discrepancies are found, please contact the Scott County
Surveyors Office.
Last Sale Value:
Deeded Acreage: 92
GIS Acreage: 65.27406
Zoning Classification:
Legal Description: Sect-23 Twp-115
Range-022 92.00 AC N 92A OF SE1/4
Plat Name:
Block:
Lot:
Septic Type:
Date Installed:
Tank 1 Capacity:
Tank 2 Capacity:
Pump Tank Capacity:
Date of Last Pump:
Unique Well & Boring No.:
Well Depth Drilled:
Well Date Drilled:
Map Scale
1 inch = 1044 feet
N
W+E
S
'!&ott
Map Date
2/3/2009
Vierling Property
o
.
U!lJ
!ll29
h
.i
a
140 ST NE
Property Information
Parcel 10: 259230010
Taxpayer Name: VIERLING FAMILY L TO
Taxpayer Address 1: 14310 PIKE LAKE TRL
Taxpayer Address2:
Taxpayer Address3: PRIOR LAKE MN, 55372
Property Address1: 13975 PIKE LAKE TRL NE
Property Address2: PRIOR LAKE MN
School District: 719
Estimated Land Value: $2,177,900
Estimated Buildings Value: $40.600
Total Estimated Market Value: $2,218,500
Home Style:
Prime Square Footage:
Bedrooms:
Bathrooms:
Year Built:
Last Sale Date:
This drawing is neither a legally recorded map nor a survey and is not
intended to be used as one. This drawing is a compilation of records,
information, and data located in various city, county, and state offices, and
other sources affecting the area shown, and is to be used for reference
purposes only. Scott County is not responsible for any inaccuracies herein
contained. If discrepancies are found, please contact the Scott County
Surveyors Office.
Last Sale Value:
Deeded Acreage: 65.29
GIS Acreage: 55.83236
Zoning Classification:
Legal Description: Sect-23 Twp-115
Range-022 65.29 AC S 68A OF SE1/4 EX S
Plat Name:
Block:
Lot:
Septic Type:
Date Installed:
Tank 1 Capacity:
Tank 2 Capacity:
Pump Tank Capacity:
Date of Last Pump:
Unique Well & Boring No.: 00191547
Well Depth Drilled: 106
Well Date Drilled: 11/17/1982
Map Scale
1 inch = 1044 feet
N
W+E
S
-'/&ott
Map Date
2/3/2009
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August 15,2000
Mr. Stephen Kelly
Attorney at Law
Bannigan and Kelly, P.A.
1750North Central Life Tower
445 Minnesota Street
Saint Paul, MN. 55101-2132
Dear Mr. Kelly:
This is a follow-up to my letter of August 2 concerning the request of the Vierlings to re-
enroll their property as an agricultural preserve. I believe you received the letter from the
Scott County attorney indicating the County did not intend to become involved in this
matter and it would be up to the City to take any necessary action. I have reviewed your
request with the City attorney and have the following comments.
The City is prohibited by statute (Minnesota Statutes 473H.04, Subd. 2) from re-enrolling
property that is designated on its Comprehensive Plan if it is not guided for long-term
agricultural use. The City does not intend to approve the request for re-enrollment for the
following reasons:
. On March 22, 1999, the City held a public hearing on the 2020 Comprehensive
Plan for the City of Prior Lake. This Plan included land use designations for all
property in the City. The Vierling property was variously designated for Business
Office park use and high-density residential use. At that hearing, the Planning
Commission recommended adoption of the Plan to the City Council.
· On April 5, 1999, the City Council adopted the Plan subject to review and
approval by the Metropolitan Council.
. On November 3, 1999, the Metropolitan Council approved the plan and it became
the official adopted Comprehensive Plan for the City of Prior Lake.
. In a conversation with Victoria Dupre' of the Metropolitan Council, she indicated
that the City Council action in adopting the Comprehensive Plan by resolution
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
,,' (.._.., ...".~. """'",>..... ....-.~ ~,., :..""..."....:"'...._.<..........~..",d,i,....:..._....~_......._._,_... .,._. ,
~"'-";._.'<.;.,._<_....._ .0<..',_... ...:..-~_~"
had the effect of de-certifying the property for continued participation in the
agricultural preserve program.
. Minnesota Statutes 473H.04, Subd. 2 provides that ".. .land shall cease to be
eligible for designation as an agricultural preserve when the comprehensive plan
and zoning have been amended so that the land is no longer planned for long term
agricultural use and is no longer zoned for long term agricultural use as evidenced
by a maximum residential density permitting more than one unit per 40 acres." As
noted, the property has been guided for business and high density residential uses
and the current zoning allows one unit per 10 acres. Eligibility for inclusion in the
program has ceased due to inability to comply with the statutory criteria.
Upon expiration of the agricultural preserve designation next year, the Vierling's may
wish to consider having the property enrolled in the Green Acres program.
Sincerely {
Q~e '~
Planning Director
AUG-14-00 MON 14:43
P. 02
OFFICE OF THE
scan COUNTY ATIORNEY
GOVERNMENT CENTER JC340
200 FOURTH AVENUE WEST
SHAKOPEE. MN 55379-1380
(952) 496-82110 FACSIMILE (952) 496-8775
DIRECT DIAL: (952) 496-8240
THOMAS J. HARBINSON
Counly Altorn0Y
NEIL NELSON
Chial Dcpuly
SUSAN IIlcNELLlS
F.,.;l A8Ilslanl
ACMINISTR.UIVE MANAGER
Onkfts ...,rman
August 10, 2000
CRIMINAl,
RnP'lakl Hocevar - Div. 1oI.~d
K....._
Mlc:hhla"'"
DIIiIl'Ml Han~
c-od 91<0111_,
Mr. Stephen Kelly
Bannigan & Kelly, P.A.
1750 North Central Life Tower
445 Minnesota Street
St. Paul, Minnesota 55101
CIVIL
s..." MaN... . D/V. H-.~
FI'lmohllo
TIlornu Hoolno'
MioIlOIol w~., H;il_
IOn"" S.hnooll"
FAMILY LAW
p_ FtII1l H,OIG,. Dlw. H..d
IIICTIMlWlTt4I;SS
Sloe, Molw
Re Vierling Farms
Dear Mr. Kelly:
I have been asked to respond to your letter regarding the procedures Scott County
has ill place rcenrollment ofland under the Metropolitan Agricultural Preserve Act.
Please be advised that the County has not adopted any policies, procedures, or li.mns as
described in Mum. Stat. ~473H.05, subd. 4 for rccnrollmcnt and does not have the
intention to do so al this time. Thus the Vierlings would need to proceed under Minn.
Stat. ~ 473H.OS, subd. 1. which places responsibility for enrollment with "the aUlhority
with jurisdiction over the land" which is the City of Prior Lake, 110t the county.
If you have any questions, please contact me.
Sincerely,
THOMAS J. HARBINSON
SCOTT COUNTY ATTORNEY
~~M~~~~AJ~
First Assistant
c: Michael Sobota, Corom. Dev.
Kathy Bongard, Planning
E-MAIL: ll.llomey@co.scoll.mn.us TTYfTDD: (952) 496-8170
An Equal OplK'rlunity Empl()yer Who Valuos DfV9fSlty and Saltily AWi/l.reness
ihe mission of Scott County is to deliver qualily public servIces 10 all citizens in an eITective, professional and liIl1icililnl minner.
August 2, 2000
Mr. Stephen Kelly
Attorney at Law .
Bannigan and Kelly, P.A.
1750 North Central Life Tower
445 Minnesota Street
Saint Paul, MN. 55101- 2132
Ms. Kathy Bongard, Planning Manager
Scott County Planning Department
200 Fourth Avenue West
Shakopee, MN 55379
Dear Mr. Kelly and Ms. Bongard:
This is in response to Mr. Kelly's letter of July 24 concerning the Vierling's request to re-
enroll their property north of County Road 42 into the Agricultural Preserve program. Mr.
Kelly asked which statutory procf.'dure the County intended to follow in re-instating the
property.
We believe the property in question no longer qualifies for the Agricultural Preserve
program. Pursuant to Minnesota Statutes 473H.04, Subd. 2 titled "When eligibility ends",
we note that the property is not guided for long-term agricultural use in the City's
Comprehensive Plan but is, inskad guided for a combination of commercial and
residential uses. In addition, the current zoning allows residential development at a
density of 10 acres per dwelling unit which does not meet the statutory requirement of a
minimum density of 40 acres per d~relling unit.
As a result, we intend to decertify the property in question following the procedures
outlined in Subd. 2 cited above. We will notify you when the matter has been scheduled
for City Council review.
u~j
Donald Rye 1 r
Planning Director
cc: Frank Boyles
Suesan Lea Pace
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
v~~ : f~-r ~ r:,.(
ATTORNEYS AT LA _16m'!
1750 NORTII CENTRAL LIFE TOWER
445 MINNESOTA STREET ".
SAINT PAUL, MINNESOTA 55101-2132
JOHN F. BANNIGAN, JR.
PATRICK J. KELLY
SONG LO FAWCETT
STEPHEN KELLY
SIA LO
JULl STENSLAND
KATHLEEN M. LOUCKS
(651) 224-3781
Facsimile (651) 223-8019
Internet Address:
bankeliy@uswest.net
July 24, 2000
Mr. Don Rye
Planning Director
City of Prior Lake
16200 Eagle Creek Avenue Southeast
Prior Lake, Minnesota 55372
facsimile number (952) 447-4245
Ms. Kathy Bongard, Planning Manager
Department of Planning
County of Scott
200 Fourth Avenue West
Shakopee, MN 55379-1394
facsimile number (952) 496-8655
BY FACSIMILE AND UNITED STATES MAIL
RE: Veering property in Scott County
Dear Mr. Rye and Ms. Bongard:
The firm of Bannigan & Kelly, P.A. represents the Vierlings Farms and Helen, Ed, Michael and
Becky Veering. As you know, the Vierlings have been seeking to reenroll their land north of
CSAH 42 into a Metropolitan Agricultural Preserve Covenant Agreement pursuant to the
Metropolitan Agricultural Preserves Act. See generally, Minn. Chap. 473H; Minn. Stat.
gg473H.Ol; 473H.02, subds. 2 and 6; and 473H.05, subd. 4. Such reenrollment requires:
. . . In lieu of the requirements in subdivision 1, the county may
allow a property owner to reenroll by completing a one page form
or affidavit, as prepared by the county. The county may require
whatever information is deemed necessary, except that approval by
the city . . ., in which the property is located, shall be required on
the form or affidavit.
The county may charge the property owner a reenrollment fee, not
to exceed $10, to defray any administrative cost.
Reenrolling property under this subdivision shall be allowed only
if the same property owner or owners wish to reenroll the same
property under the same conditions as was originally approved
:\lois\patW eering\RYE2. WPD
Letter to Don Rye and Kathy Bongard,
from Stephen Kelly
Page 2
July 24,2000
under subdivision 1.
Minn. Stat. ~473H.05, subd. 4. Otherwise the County may proceed under subdivision 1 which
reqUIres:
An owner or owners of certified long term agricultural land may
apply to the authority with jurisdiction over the land on forms
provided by the commissioner of agriculture for the creation of an
agricultural preserve at any time. If the land to be placed in a
preserve is registered property, the owner shall submit the owner's
duplicate certificate of title together with the application. Land for
which application is received prior to March 1 of any year shall be
assessed pursuant to section 473 HI 0 for taxes payable in the
following year. Land for which application is received on or after
March 1 of any year shall be assessed pursuant to section 473 H.l 0
in the following year. The application shall contain at least the
following information and such other information as the
commissioner deems necessary:
(a) Legal description of the area proposed to be
designated and parcel identification numbers if so
designated by the county auditor;
(b) Name and address of owner;
( c) An affidavit by the authority evidencing that the
land is certified long term agricultural land at the
date of application;
(d) A witnessed signature of the owner covenanting
that the land shall be kept in agricultural use, and
shall be used in accordance with the provisions of
sections 473H.02 to 473H17 which exist on the
date of application;
( e) A statement that the restrictive covenant shall be
binding on the owner or the owner's successor or
assignee, and shall run with the land.
: \lois\patW eering\RYE2. WPD
Letter to Don Rye and Kathy Bongard,
from Stephen Kelly
Page 3
July 24, 2000
Minn. Stat. g473H.05, subd. 1.
The Vierlings want to proceed with reenrolling this property. The Vierlings have submitted
some documentation to the City and discussed the matter with the County. At this time, the City
has not responded.
What the Vierlings need is:
1. to know is whether the County plans to proceed under subdivision 1 or
subdivision 4 supra; and then
2. the exact application forms, information and submissions required.
Please provide my office with a formal written response by July 31, 2000. Time is of the
essence. Attached are some documents from the Metropolitan Council. If you have any
questions please call. Thank you for your assistance in this matter.
Sincerely yours,
BANNIGAN & KELLY, P.A.
srep~~
cc: Mrs. HelenVierling
Mr. Ed Veering
Mr. and Mrs. Michael Veering
Ms. Victoria E. Dupre, Planner/Watershed Coordinator, Metropolitan Council
:\lois\patWeering\RYE2.WPD
~.'t
NOTICE INITIATING EXPIRATION OF A
METROPOLITAN AGRICULTURAL PRESERVE
LOCAL AUTHORITY:
and
(if applicable)
1. PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF RECORD FEE OWNER(S)
Owner(s) is eX" one):
(Use this space only if applicable.) 0 Individual
o Legal Guardian
o Family Farm Corporation
o Other
(specifY):
2. PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF CONTRACT FOR DEED BUYER(S)
(VENDEES)
(Use this space only if applicable.)
3. PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF CONTRACT FOR DEED SELLER(S)
(VENDORS)
(Use this space only if applicable.)
4. TYPE OF PROPERTY ("X" one):
o Abstract
o Registered (Torrens)
5. COMPLETE LEGAL DESCRIPTION OF THE LAND. (If Torrens property, use the description
from the Certificate of Title, verbatim. If Abstract property, use the description from the abstract
or deed, or get it from your county auditor. Use an additional sheet if extra space is needed. Be
sure to state your parcel identification number and whether or not your property is
homesteaded.)
Parcel Identification Number:
Homestead or Non-homestead
(Circle one)
Legal Description:
.~
6. TOTAL ACRES:
7. IF AUTHORITY-INITIATED:
This is to notify the landowner of the parcel(s) ofland described in this notice that said land will be
taken out of metropolitan agricultural preserve status because the land has been certified by
resolution of the authority and by appropriate maps (forwarded to the Metropolitan Council) to be
no longer eligible to be an agricultural preserve, as evidenced by zoning which will allow more than
one residential unit per quarter/quarter section (40 acres). Notice of this decertification has
appeared in a newspaper having general circulation within the jurisdiction of this authority.
State of Minnesota )
) ss
County of )
The foregoing instrument was acknowledged before me
day of , 200
this
of
by
(Signature and Title or Position of Local Authority)
(print or type same name and title at left.)
of
Signature of Notary Public
Commission Expires
8. IF LANDOWNER -INITIATED:
This is to notify the Local Authority that the metropolitan agricultural preserves status of the land
described in this notice shall expire on the date specified in NO.9 unless this notice is rescinded by
the Landowner(s) within the first two years following execution of this notice.
IN WITNESS HEREOF, the parties to this agreement have caused this instrument to be executed
on the day and year last notarized below. (To be signed in the presence of a notary public with
exact same name as on page 1.)
Witnessed Signature of Record Fee Owner(s):
Witnessed Signature of Contract for Deed Vendor(s) (Sellers), ifany:
Witnessed Signature of Contract for Deed Vendee(s) (Buyers) ifany.
For Individual or HusbandlWife'
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this
, by
day of
19
(Print or type exact same name(s) with marital status or identity as on page 1.)
Signature of Notary Public
Commission Expires
For Individual or HusbandlWife'
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
19 , by
(Print or type exact same name(s) with marital status or identity as on page 1.)
Signature of Notary Public
Commission Expires
For Individual or HusbandlWife:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this
, by
day of
19
(Print or type exact same name(s) with marital status or identity as on page 1.)
Signature of Notary Public
Commission Expires
For Corporation:
State of )
County of
) ss
)
The foregoing instrument was acknowledged before me this
, 200---, by
and -,its
day of
, its
of
Corporation.
, a
Corporation, on behalf of the
Signature of Notary Public
Commission Expires
For Corporation.
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this
19-, by , its
, its
day of
and
of
Corporation.
,a
Corporation, on behalf of the
Signature of Notary Public
Commission Expires
For Partnership:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this
,19-, by
day of
, partner of
, a partnership, on behalf of the partnership.
Signature of Notary Public
Commission Expires
For Partnership:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this
day of
,19~ by
, partner of
, a partnership, on behalf of the partnership.
Signature of Notary Public
Commission Expires
For Attorney-in-Fact:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this
,19~by
day of
, as attorney-in-fact on behalf of
Signature of Notary Public
Commission Expires
For Trustee or Personal Representative:
State of )
) ss
County of )
The foregoing instrument was acknowledged before me this
,19~by
of the
day of
, the
Signature of Notary Public
Commission Expires
9. DATE OF EXPIRATION OF AGRICULTURAL PRESERVE:
(Must be at least eight years after the date in No.7 or the last notarized date in No.8.)
ATTACHMENT A
APPLICATION FOR INITIATING
PLACEMENT OF LAND INTO A
METROPOLITAN AGRICULTURAL PRESERVE
LOCAL AUTHORITY:
and
(if applicable)
1. PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF RECORD FEE OWNER(S)
Owner(s) is ("X" one):
(Use this space only if applicable. Must be same names as on page 1.)
Individual
Legal Guardian
Family Farm Corporation
Other (specify):
2. PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF CONTRACT FOR DEED BUYER(S)
(VENDEES)
(Use this space only if applicable. Must be same names as on page 1.)
3. PRINT OR TYPE NAME(S) AND ADDRESS(ES) OF CONTRACT FOR DEED SELLER(S)
(VENDORS)
(Use this space only ifapplicable. Must be same names as on page 1.)
4. BASIS OF ELIGIBILITY OF LAND ("X" one):
o 40 or more acres of land.
o Non-contiguous parcels of at least ten acres each; parcels farmed as a unit.
o 35-acre parcel, bound by public right-of-way or perturbation in the rectangular survey
system.
o 20-acre parcel, subject to the conditions of Minnesota Statutes, section 473H.03,
subdivision 4.
5. TOTAL ACRES:
6. TYPE OF PROPERTY ('X" one):
o Abstract
o Registered (Torrens). If "Torrens" property, include your Owner's Duplicate Certificate
of Title.
FOR LOCAL AUTHORITY ONLY:
7. This application has been reviewed by this Authority and is determined complete this _ day
of , 19_. The restrictive covenant and the affidavit from the Authority certifying
eligibility of the land are included in this application.
of
(Signature and Title or Position of Local Authority)
8. DATE OF PLACEMENT OF LAND INTO PRESERVE:
(Must be thirty days after the date in No.7 above.)
A ITACHMENT B
STATE OF MINNESOTA
)
)
) SS
)
)
AFFIDA VIT OF "AUTHORITY"
COUNTY OF
, being first duly sworn upon oath deposes and says as follows:
1.
I am the
of
(Title or Position o{LocaIAuthority) , State
of Minnesota, which unit of government exercises the planning and zoning authority for the land
described herein, and constitutes the "Authority" as that term is defined under Minn. Stat.,Section
473H.02, Subd. 4.
2. This affidavit is being executed and submitted on behalf of the Authority.
3.
The tract of land in the County of
Minnesota, legally described as (must be same as on page 1):
, State of
Parcel identification number:
homestead(Circle one)
Homestead or Non-
Legal Description:
is, as of , 200-, designated as long term agricultural land and in
accordance with a resolution adopted by the Authority on , 19 ~ is certified and
eligible for designation as an agricultural preserve as provided under the provisions ofMino. Stat., Section
473H.04.
4. This affidavit is submitted at the request of
(Applicant) for the purpose of making application for designation and creation of an agricultural
preserve in accordance with Minn. Stat., Chapter 473H.
Dated
,200_.
Signature:
of
(Title or Position Local Authority)
Subscribed and sworn to before me
this
day of
,200_
METROPOLITAN AGRICULTURAL PRESERVES
RESTRICTIVE COVENANT
THIS AGREEMENT, made and entered into this
19 , by and between
day of
_ , Record Fee Owner(s);
Contract for
Deed V endor( s) ( Sellers), if any;
Contract for
Deed V endee( s ) (Buyers), if any; hereinafter collectively referred to as Landowner( s); AND the
of
County, Minnesota,
(NOTE: Above named Landowner(s) must be identified as husband and wife, a single person, a
Partnership, a (State) Corporation, a Trustee of a Trust (describe), a Guardian or Administrator
of an Estate (describe) - whatever the case might be - If property is homestead - spouse must join
whether their name is on record or not - if property is non-homestead and spouse doesn't join -
then a statement must be put at end of legal description that it is non-homestead)
WITNESSETH:
WHEREAS, the Landowner(s) above named are the owners of the tract ofland (the
Land) in the County of , State of Minnesota, legally
described as:
(IF TORRENS PROPERTY - Use description from Certificate of Title, verbatim; IF ABSTRACT
PROPERTY - Use description from abstract or deed, if possible, or get it from your county
auditor. Use an additional sheet if extra space is needed Be sure to state your parcel
identification number and whether or not your property is homesteaded)
Parcel identification number:
Homestead or Non-homestead
(Circle one)
Legal Description:
WHEREAS, the Landowner desires to receive the benefits of participation in the State of
Minnesota Metropolitan Agricultural Preserves Program established by Minn. Stat., Chapter
473H, and has made application for initiating placement of the Land into a Metropolitan
agricultural preserve, a copy of which is attached hereto and incorporated herein as Attachment
A; and
WHEREAS, the Land described herein is classified as agricultural pursuant to Minn. Stat.,
Section 273.13 and
has (have) approved and certified this Land as being eligible for
designation as an agricultural preserve; a copy of the affidavit evidencing that the land is certified
long-term agricultural is attached hereto and incorporated herein by reference as Attachment B;
WHEREAS, Minn. Stat., Section 473H.05, requires that the applicant complete and file as
part of his application a "restrictive covenant which shall constitute an easement running with the
land";
NOW, THEREFORE, in consideration of receipt of the benefits of participation in the
State of Minnesota Metropolitan Agricultural Preserves Program, the Landowner on behalf of
himself, his successors and assignees, agrees and covenants as follows:
1. The Land herein described shall be kept in agricultural use. Agricultural use as
that is used herein means the production for sale of livestock, dairy animals, dairy products,
poultry or poultry products, fur bearing animals, horticultural or nursery stock, fruit, vegetables,
forage, grains, or bees and apiary products. Wetlands, pasture and woodlands accompanying land
in agricultural use shall be deemed to be in agricultural use.
2. The Land herein described shall be used in accordance with the provisions of
Minn. Stat., Chapter 473H which exist on the date of this covenant.
3. This Restrictive Covenant shall be binding on the owner, or his successors and
assignees, and shall be an easement running with the land.
4. Duration. This Restrictive Covenant shall be in force and effect in accordance with
the aforementioned statute:
a. until expiration initiated pursuant to Minn. Stat., Section 473H.08 becomes final;
b. until the agricultural preserve is terminated by executive order of the Governor; or
c. until the Land is acquired by eminent domain;
all in accordance with Minn. Stat., Chapter 473H.
5. Enforcement: This Agreement and Restrictive Covenant may be enforced by the
or the State of Minnesota, or by an
interested person, by appropriate action in the courts of the State of Minnesota.
This instrument was completed by
on a form
prepared and approved by the Minnesota Department of Agriculture, 90 West Plato Blvd., St.
Paul, Minnesota 55107.
IN WITNESS HEREOF, the parties to this agreement have caused this instrument to be
executed on the day and year first above written. (To be signed in the presence of a notary public
with exact same name as on page 1.)
Witnessed Signature of Record Fee Owner(s):
Witnessed Signature of Contract for Deed Vendor(s) (Sellers) if any'
Witnessed Signature of Contract for deed Vendee(s) (Buyers) if any:
Witnessed Signature and Title of Public Officer'
of
County, Minnesota
(Signature and Title or Position of Local Authority)
For Individual or Husband/Wife:
-"
State of )
) SS
County of )
The foregoing instrument was acknowledged before me this
,19 , by
day of
(print or type exact same name(s) with marital status or identity as on page 1.)
Signature of Notary Public
Commission Expires
For Individual or HusbandlWife:
State of )
) SS
County of )
The foregoing instrument was acknowledged before me this
,19 , by
day of
(print or type exact same name(s) with marital status or identity as on page 1.)
Signature of Notary Public
Commission Expires
For Individual or HusbandlWife:
State of )
) SS
County of )
The foregoing instrument was acknowledged before me this
,19 , by
day of
(print or type exact same name(s) with marital status or identity as on page 1.)
.<
Signature of Notary Public
Commission Expires
For Public Officer:
State of )
) SS
County of )
The foregoing instrument was acknowledged before me this
, 19__, by
by , the
day of
of the
(Title)
(Local
(print name)
Authority)
Signature of Notary Public
Commission Expires
For COI:poration:
State of )
) SS
County of )
The foregoing instrument was acknowledged before me this
, 19
day of
, its
and
by
its
of
, a
Corporation, on behalf of the Corporation.
Signature of Notary Public
Commission Expires
For Corporation:
State of )
) SS
County of )
.j ..
The foregoing instrument was acknowledged before me this
,19 , by
and
of
day of
, its
its
,a
Corporation, on behalf of the Corporation.
Signature of Notary Public
Commission Expires
For Partnership:
State of
)
) SS
County of )
The foregoing instrument was acknowledged before me this
, 19
day of
, partner of
a partnership,
by
on behalf of the partnership.
Signature of Notary Public
Commission Expires
For Partnership:
State of )
) SS
County of )
The foregoing instrument was acknowledged before me this
, 19
day of
, partner of
a partnership,
by
on behalf of the partnership.
Signature of Notary Public
Commission Expires
For Attorney-in-Fact:
. f. \, .:. UAD
, '~' ""'
i i
J L
..
LVJI
Bannig~& Kelly, P.A.
ATTORNEYS AT LAW
1750 NORlH CENTRAL LIFE TOWER
445NITNNESOTASTREET
SAINT PAUL, NITNNESOTA 55101-2132
JOHN F. BANNlGAN, JR.
PATRICKJ. KELLY
SONG LO FAWCETT
STEPHEN KELLY
SlA LO
JUl.1 STENSLAND
KATHLEEN M. LOUCKS
(651) 224-3781
Facsimile (651) 223-8019
Internet Address:
bankelly@uswest.net
February 29, 2000
Mr. Don Rye
Planning Director
City of Prior Lake
16200 Eagle Creek Avenue Southeast
Prior Lake, Minnesota 55372
facsimile number (952) 447-4245
BY FACSIMILE AND UNITED STATES MAIL
RE: Vierling property in Scott County
Dear Mr. Rye:
The firm ofBannigan & Kelly, P.A. represents the Vierlings Farms and Helen, Ed, Michael and
Becky Vierling. On February 17,28 and 29,2000 Helen and Michael Vierling went to your
offices seeking reenrollment into a Metropolitan Agricultural Preserve Covenant Agreement
pursuant to the Metropolitan Agricultural Preserves Act. See generally, Minn. Chap. 473H;
Minn. Stat. 99473H.01; 473H.02, subds. 2 and 6; and 473H.05, subd. 4. The Vierlings are
attempting to reenroll their land north ofCSAH 42. Minn. Stat. 9473H.05, subd. 4. Such
reenrollment requires:
. . . In lieu of the requirements in subdivision 1, the county may
allow a property owner to reenroll by completing a one page form
or affidavit, as prepared by the county. The county may require
whatever information is deemed necessary, except that approval by
the city . . ., in which the property is located, shall be required on
the form or affidavit.
The county may charge the property owner a reenrollment fee, not
to exceed $10, to defray any administrative cost.
Reenrolling property under this subdivision shall be allowed only if
the same property owner or owners wish to reenroll the same
property under the same conditions as was originally approved
under subdivision 1.
Minn. Stat. ~473H.05, subd. 4. Otherwise the County may proceed under subdivision 1 which
reqUires:
:\Ioislpat\vierling\RYE.LET. WPS
Letter to Don Rye from
Stephen Kelly
Page 2
February 29, 2000
An owner or owners of certified long term agricultural land may
apply to the authority with jurisdiction over the land on forms
provided by the commissioner of agriculture for the creation of an
agricultural preserve at any time. If the land to be placed in a
preserve is registered property, the owner shall submit the owner's
duplicate certificate of title together with the application. Land for
which application is received prior to March 1 of any year shall be
assessed pursuant to section 473H.IO for taxes payable in the
following year. Land for which application is received on or after
March 1 of any year shall be assessed pursuant to section 4 73H.l 0
in the following year. The application shall contain at least the
following information and such other information as the
commissioner deems necessary:
(a) Legal description of the area proposed to be designated and
parcel identification numbers if so designated by the county auditor;
(b) Name and address of owner;
( c) An affidavit by the authority evidencing that the land is certified
long term agricultural land at the date of application;
(d) A witnessed signature of the owner covenanting that the land
shall be kept in agricultural use, and shall be used in accordance
with the provisions of sections 473H.02 to 473H.17 which exist on
the date of application;
( e) A statement that the restrictive covenant shall be binding on the
owner or the owner's successor or assignee, and shall run with the
land.
Minn. Stat. ~473H.05, subd. 1.
The Vierlings have been stalled and delayed by your department on their attempt to reenroll.
Persons in your department have promised telephone calls that ultimately were never made. This
is a serious issue which may have serious tax consequences on my clients. I urge you or one of
your agents to contact Helen or Ed Vierling (952) 496-0930 and/or Michael or Becky Vierling
(952) 445-0283 immediately to process these papers. Time is of the essence.
:lJois\pat\vierling\RYE.LET. WPS
Letter to Don Rye from
Stephen Kelly
Page 3
February 29, 2000
If you have any questions please call. Thank you for your assistance in this matter.
Sincerely yours,
BANNIGAN & KELLY, P.A
~[U~
S;ephen Kelly ~ U
cc: Mrs. Helen Vierling
~fr. Ed Vierling
Mr. and Mrs. Michael Vierling
:\Iois\pat\vierling\RYE.LET. WPS
Minnesota Statutes 1999, 473H.04
I . 1-
'/ /.Q..,\ \. '\
A. ' Q,-c. <.j: V"":;',
, ,\
Mjlli1~~9jJLStatlJt.~.~L 1 ~22._Jable of ChapJ~rs
I~QI~Qf.CQ_n1:~JJj$_JQLCJ1~pt.~r_4ZlH
473H.04 Authority must certify eligible preserve lands.
Subdivision 1. With maps; published notice. Each
authority in the metropolitan area having land classified
agricultural pursuant to section 273.13 shall certify by
resolution using appropriate maps which lands, if any, are
eligible for designation as agricultural preserves. Maps shall
be in sufficient detail to identify eligible lands by property
boundaries. At least two weeks before the resolution is to be
adopted, the authority shall publish notice of its intended
action in a newspaper having a general circulation within the
area of jurisdiction of the authority. No additional lands
shall qualify for designation as agricultural preserves until
the authority certifies qualification.
Subd. 2. When eligibility ends. Land shall cease to
be eligible for designation as an agricultural preserve when the
comprehensive plan and zoning for the land have been amended so
that the land is no longer planned for long term agricultural
use and is no longer zoned for long term agricultural use,
evidenced by a maximum residential density permitting more than
one unit per 40 acres. When changes have been made, the
authority shall certify by resolution and appropriate maps which
lands are no longer eligible. At least two weeks before the
resolution is to be adopted, the authority shall publish a
notice of its intended action in a newspaper having a general
circulation within the area of jurisdiction of the authority.
Subd. 3. Maps to met council. The authority shall
provide the metropolitan council with suitable maps showing any
lands certified eligible pursuant to subdivision 1 or
decertified pursuant to subdivision 2. The metropolitan council
shall maintain maps of the metropolitan area showing all
certified long term agricultural lands.
HIST: 1980 c 566 s 4; 1982 c 523 art 32 s 3,4
r --Page 1 of 1
Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota.
http://www.revisor.leg.state.mn.us/stats/ 4 73H/04.html
2/18/2000
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
http://www.reVisor.leg.state.mn.ns/statlll41~~\.".. EMPlDYER 2/18/2000
Application; covenant agreement.
Subdivision 1. Before March 1 for next year's taxes.
An owner or owners of certified long term agricultural land may
apply to the authority with jurisdiction over the land on forms
provided by the commissioner of agriculture for the creation of
an agricultural preserve at any time. Land for which
application is received prior to March 1 of any year shall be
assessed pursuant to section 473H.10 for taxes payable in the
following year. Land for which application is received on or
after March 1 of any year shall be assessed pursuant to section
473H.10 in the following year. The application shall be
executed and acknowledged in the manner required by law to
execute and acknowledge a deed and shall contain at least the
following information and such other information as the
commissioner deems necessary:
(a) Legal description of the area proposed to be designated
and parcel identification numbers if so designated by the county
auditor and the certificate of title number if the land is
registered;
(b) Name and address of owner;
(c) An affidavit by the authority evidencing that the land
is certified long term agricultural land at the date of
application;
(d) A statement by the owner covenanting that the land
shall be kept in agricultural use, and shall be used in
accordance with the provisions of sections 1-:Il.B_,_il.A t01J3Ji-,..12
which exist on the date of application and providing that the
restrictive covenant shall be binding on the owner or the
owner's successor or assignee, and shall run with the land.
Subd. 2. May be fee. The authority may require an
application fee, not to exceed $50, to defray administrative
costs.
Subd. 3. Repealed, 1999 c 11 art 1 s 72
Subd. 4. Reenrolling. If an owner's property was
initially granted agricultural preserve status under subdivision
1 but the owner filed an agricultural preserve termination
notice on that property, the owner may reenroll the property in
the program as provided in this subdivision. In lieu of the
requirements in subdivision 1, the county may allow a property
owner to reenroll by completing a one page form or affidavit, as
prepared by the county. The county may require whatever
information is deemed necessary, except that approval by the
city or township, in which the property is located, shall be
required on the form or affidavit.
Page 1 of2
~
2/18/2000
r
Page 2 of2
owner a reenrollment
administrative cost.
9 property under this subdivision shall be
if the same property owner or owners wish to
conditions as was
under subdivision 1.
HIST: 1980 c 566 s 5; 1982 c 523 art 32 s 5,6; 1986 c 444;
1994 c 587 art 5 s 24; 1999 c 11 art 1 s 9
Copyright 1999 by the Office of Revisor of Statutes, State of Minnesota.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
http://www.revisor.1eg.state.mn.us/statW 4~~W?f5'jfilli~ITY EMPLOYER 2/18/2000