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HomeMy WebLinkAboutWarranty Deeds ~ S. <.n ;: ! ~(f i~"~Q iii' :;: o' 3 . C1>Ob ~"'" ~'":: U. ;c 01 ~ ~ O~ ~ Q1~ ::::~ ~ S' i '#'....-. l_-" ~ '~ ...........-WARRANTY 0110 ~ ;t~III-_.IOlntT.neftt. ~ .. ,,"," . - t. No delinquent to_and tramf. entered; Certlftcate ~ of Real Eltate Value ( -rmecl ( ) not required ~ Certificate of JI.ltal.~te Yalue No. 0" A'I,~. LfiI 19 ~ ~ ' , - i ~ f Q, , ~ .: ~ ~ '" 1. M_".\aU.lt.~ C",wr,ueIll1 1I,"klll"') M.lI.., 1).10" c.} '-.4-'''''',11',,1,' a", ........ II to....., ~f1f rr"'l";. ,..~..... ... . ..~, ~,,';;Y _ lI\I IlIl:IllI ....lr~...1\t .a. Ill" ,.. .. ..... ",,.. . ,... lLJ, ~ II ~ "c -:; Ji!i.. . .uL ,'tlIdi -Ai!--. .... ,~:" · 205flll.~U ' :a;:.l~~, .w&:_~ ~~ County Auditor ~-dJ.,..:"A. ?~ De DUty STATE DEED TAX DUE HEREON:' ~~, '" ., . /Iopaly Date: q_p.......~.... 1? . 19...8L (rellerved for recording data) ~, t 1 FOR VALUABLE CONSIDERATION. ~n... C1.,..~,.. <.f.oJ:m~"" y_c:..,....h..J>nn SJ ......el. ...~ w.Y"'" W ('".....,.. wife and hu"hADrl, , ., Grantor (s), Im.I';'llta'ull h""'~J convey (I) and warrant (I) to Allen A. Borchardt. Jr. and Kathv L. Borchardt. :, . Grantees II joint tenanta, real property in ~t Coun~y, MinnelOta, deacribed II follows: ~:'.. See attached Exhibit "A" for legal description which is attached hereto and made a part hereof. l A ::lTi..-:-,c 0r ...,~',',:,. DEFT OF :~ vi'lnl"l'''i'.ta ";".}..:..,".:' TAX.\~IJt.: ;','.C ~1Il I ..n;.::>... '.~;"'.' .."'-...,,.------- -- c.: ::F, DEb .,,,. ,),:}.. ___ ~... STAMP OCT I.'J~ "~:~7..' ~ 9 9. 0 0 ==.~ TAX U.I\HI _ == lit__is . ..ClCI".i........._1 topther with an hereditamenta and appurtenances belonginl thereto. lub~t to the following exceptions: any ea.ement, covenant., highway. and restrictiops of record, if any; and and encrumbrances placed thereon .ince December 15, 1978 when the above described real ..tate was sold by grantors to grantees on a Contract for ~ed.' \ff,~ ",-,'d :';1~ ~1;~fn'l ""n- ~A -./ ~ ~~./fiA) ~~ster /J'iI- -'.tU~. W'l"//A Wayne w.0=~ster STATE OF MINNESOTA .. COUNTY OF --B..la ,. -:1..;',' The fOJelOina inltrument wu ICknow1ecSpd before me thi, '~ ~ day of Se~tember .lfa 84, by Sarah Ann Custer and Wavne W. euster{ hU8~and and wife ----.-..--. (~/ -oj.. 0 _~~_//'. . . <G_fantor(Sl. I ItOTAal4&'I'I'AM'OaIItAL(OaOfta:.'I'ITL&Oa.,Uflt) ~ ._-V~/ ~ liON uaa: or PlUDN TAItUlO ACICtl.1WC.a:OOMII:HT ::~:-,':n=rM':'.= = ==~/~:~I~ - -., ........ t.a~ _&wft 'j _...._ J ..-.-- .- .,1lIiIIIII*I ,....11& . u . ~....."'... '" .... .... Allan and Kathy Borchardt 11J.9d1 ~ ,NI v.s II -11/ "1.11'1 R f..dLcJ P"Pr'j........ke</ Mill/' ,,- S 3 7 .2 , THIS UliftUMDT W AI DILo\FT&D IY'(M4M& AND ADDaUl)'1 LAMPE, FOSSUM, JACOBSON & CROW A rrORNEYS A T LAW BOX 240 f NORTH FIELD, MINNESOTA 55057 ~~ftii~..",.~,,~ .. .._~ ':'_.~~!'IIP~ -",{%dl ':)".,:'''': ' " :'~;~':~:~,,{--:~F '" ,'~)~" ~.."~ !~':'.,r '::iJ;~,~~'''~t. 'no! r...-~:t~,: ,I . \;':<';' ; ~' , .eta;L" c, """'111/ ( J I I ( I,~ ( . , I r () 11'0''''1 to "'(' k",,/, 1/ flrt, .-."n/f' 'I' THIS INSTRU 1UCJ.L1RD , ~torn~~' Prior Lal Minn-es0t-. Tax staten IWOPII'tr dl ...... , Mr. Berl R. R. (I Pri or L Q ~ ~~~ ~< . ~a J · A~ j - p o F.... Ne.I.M-WAARANTY DEED I '"'~.... -. It 10' :.Giftl -i enantl ' ...... u.- (..0 .......,... ~. . . . -.... _ 1':.. .....,.. ~t..o;;:-;. ;)>:-.a. a. PI) ~ ~ \J ~ ~ ~ ............ No delinquent taxes and~sfer entered; Certificate of Real Estate Value ( ) rued ( ) not ff'quired Certificate of I\r-al_~&t.ate Value No. fi {Je:{ ~ d~ 19 , ,.'~! t:l:~ _ De ~ ~ .,~ ~- .... ~ fN r- _~..~ 1 C q &: ...lu- l-...a ;.:.w -. ::!;'lfJ.C),8 '" &:1:1.1.. ~ ". ~I<: t.IIIr ..... ~ ~-ftl~ County Auditor d4u~~~ .. ..... by Deputy STATE DEED TAX DUE HEREON: $.:as~...? Date: ~rT~t. Jb ,1984 (reserved for recordinC data) FOR VALUABLE CONSIDERATION, Peter Ttnnas Flink and SUzanne D. Flink husband and wi fe __... Int__ Glen L. Weber and Lynne M. Weber, h.1sbard and wlfe . . Grantees II joint tenants, real property in Scott County, MinnetOta. deIcribed. folio..: That part of GoV'ernnent lDt 4, and tre Soutreast ~rter ()f the t<<>rtn.est Quarter of ~"'ctlon 11, Township 114, Range 22, Scott County, Minnesota described ~ follows: c...""", :..",.cu')(~ at U~ southeast corner of said Southeast. Q.Jartcr of \:"h? NorttJ.est Quarter; thence on an ass\n:.'<1 bearing of North 00 dcy!.ees 11 minutes 2t:> 5a..V1ds East alUlAj the t:.-ast llr.e of sald Southt..~t Quarter of the Northwest Quarter a distance of 528.00 feet: thence North q9 decrees 48 mlraJte$ 44 secorrls West a distance of 210.60 feet to the p::>int of Lc.~lfV'\l~ of the lard to b: <rSCTlt.1d: thence South 87 degrees 07 minutes 24 sccunds West a distance of 1112. ~2 feet to thL? ,--(.;..l.l'r- line of County Road No. 23; ttalce Nvrth 00 daJrees 23 nllnutes 25 St.'O.:,ds East alOO) ~ld centerline a distance of 173.57 feet to a (X)int dlStant (,94.21 fL,-'t south...~ly of ttk' H.tel'- section of tre southwesterly extpnsion of tre southerly lux: of the plat of MAPU: ~"1<j-S (~;i rnonunentro) with said centerline of County Road No. 23: thence So.Jtr. 89 degn:.~ 29 ~llr.utc:S ::7 secorrls East a distance of 363.15 feet; ttenC'(~ ~.;orth 43 ~~ree.s 08 ;Tl1r.utes 26 se.,-_.i.-; ~~it ~ distance of 885 feet rrore or less to the centerlIne of a 1bWn.c;tup ROiid. th:......c sout~'d:->h..rly. lof more tpke ., " lid. conftft~._ Oft ~ together with aU hereditaments and appurtenanc('~ telonglng th~to, subJKt to lb. (OUO.l"1 est:ept.lOfts: Restrictions. reservatIons and easa:1t::T:ts of recot'd, If dI.y. . Grantor (It. hereby convey (s) and warrant (s) to ~ ~ ~ . ~ . .'~ '-- -- -- ~ "..-." ' '", .....' - , , \~ P:"l1:J<:H..~S '1.1:;;': - -. \f!.\ p...." 1.1\ "it:I:llJ' II.';" ./ .-' , /"-. (" ~t:,:r~':-r. 1~. . , !" ~_..:~ STATE OF MINNESOTA } K, COUNTY OF .. - ~ \. (), ~, ~, " by "). The foregoing instrument was acknowledaed before me thi. ' r - - dav ot Pett.:r :':-D:'u~ :'llr.~: a:1L-: .::::....~=-_: ~ :3. :-: .:-.!<:, tkl,-.:.;c:..: -~;.,; -.. J,::-,.L. . 19 ~; A. .. 1_ . Gran tor l . t . \ '1,'. , , -, . . . "G)lfATt.~&~; 't~ION T~. A~OWL~~~"" /'0101 ARIJo.L STAMP OR SEAL 0 ~. ..-..... tAlR\lVM" ~:S01. :>. ._' ~.,.... hO l~" P'\.I at tC ... _.., ~ ~:-t' MII{)H. ~u"" .' 6ITL.E o. ....NK' \ Tn ~'.'.e..u "~r ~. reeJ ~.-n. ........ .. .... ------, ---.. be ..., \0 Oact.... ..... ... ..._ .1 Or.....) ~(!)t. _ ,- hi", No.I.M-WA""ANTY DIED I. IftdMeI....'"' \0 JOIn\ Tenentl ~ r _-DMI.Co.. _~.. MI_ta UIlIfo.. Cell....'..... ....... (1"1) No delinquent tun IIld ~er entered; Certtftcate of Real Eltate Value ( ~ ftled ( ) nohequirec1 CerWlcate of RwEatate Value No. I'*~ -/9' .19.?r ~t~~... . ~'.'''' ar2r ... .. ( .:lIt! II . ; .J _,r< ....lIt' .. ..... .. ('f;1 .. ~. 111k..~.;;JkL, . _1nr!~.214r35 .'. ~cJ<l~ ... ~~ :z:-~.. "-' County Aucl1tor b7 ~~. ~7~: II ..., STATB DEED TAX DUB HIP.EON: . Date: . October t/- Deputy ".30 ,19 85 roB. VALUABLB CONSlDIRATION, (raemd for ncordtnc elata) Frances E. McNulty, a wIdow ~~(.), , .... henb7 .. ". (.) aDcS,nzftllt (I) to 'eter T. FlI nk ancl SUZlnM I. '11 nk, hus band and wI fe , Gran... u joint t.eDaDta, ne1 pcoperty In 5cot t CouIltJ. MInDeIota, dIIedbed II ~Ilowa: That part of the Southwest quarter of the Northeast quarter of Sect I on ", Township "", Range 22, Sc:ott County, Minnesota lying Southwelterly of the c:enterllne of MushtOWl Road. ContaInIng 10.58 acres more or less. 3 .{ J ~ I .( lit ___... II........ ~ OIl Mall, topth. with aD beredltamenta aDd appurtenances belonalnc thereto. aub)ec\ to the foUowinlexceptiona: n.. ~n ::~ I j. ST,'\Tt 0:" ,~;;;'~":"""~' DEPT. OF ::-:: vllnnesota {~~~~:~'k:~' TAXATION ~ :.....~.~ = DEED":?ir-~" _ =:: 5ThM? OCTl4'U ......;':'... :: 6 9. 3 C == TAX P.l.m81 == ~ ..... r' - ~ ~f" .~~ rrances t. "C:HuffY I ,1' 85. Affix D~d T.x Stamp Hf'l't! STATE OF ).......Io...aoTA COUNTY OF .:I>A l(orA .. 1 The fonfOlDf InItIwDeftt ,... ICmowledpcl Won me t:bSa "II bJ FranelllS r. McNulty. . widow dar of October 1I0000.al.\" ftA... oa..." to& cmIIIa ftr&.& oa aAIIIQ , @ LO~~;A'E..SCHICICLNI I IIClT':~t.':U:JUC ....... r~. ._:v COWITY _ ... o.~1liNIM ......... It, _ I .... ... j I ( ,0000tor(.). , ~"'" E. tj)~ · .....r.;...r...... ..""".. ''''''1''''- r:-..: Ie...:-.= = __ .. -./' - ...... TAl STA.__.,.' SHOULD II .:0,..1.. TO~J1\ '.te~ T. . SuaanDe I. 'UDk~i . 1 n26 ....btown load ii; 'dol' Lake, HR. 55372 'f" J .___ __._.___. "'___'_'_ _....___-4 _.__..SlIftwAl~i.,'oi_AiiDAiDi_ Str..ter-Andru., w.st, Inc. 101 Ealt ttwy. 212 th..ka, MR. 5531' I WERMEnSKIRCI EN ABSTRACT CQ.. \ 10'" aa HC....._. ~ r.O. COU:lO 1"1)" ......-;:> . &- . a.. .. -..... ": ..; . I. na'71 I If" I ~~ 44H:<3 11\,,' 1'ow fol Dee illi No! }. 1i; ~ tb No ~ 19 ~ <;). tJ ~ Sc 1 It N 1 ~: ;X ,0 IJ" \' ~' } :t t $,l : ffll' ,l: i "..-( ... . . J\-2148 (OA)-3 Frior Lake )' .m @ rn 0 \Yl [g ~ .I _ ~, NOV Z I 1006; BEFORE THE MUNICIPAL 130AHD Of '1'1 IE ~)TATE OF MINNE~)OT^ Hobert J. Ferderer Robert W. Johnson Kenneth F. Sette William Kon:i.arskJ Anthony Worm Chai rlTlan Vice Chainnan Membe r Ex-Officlo M(:=:rnber Ex-Officio Memb(;r IN THE MATTER OF TI IE JOINT RESOLUTION OF 'THE CITY OF PHI OR LAKE AND THE TOWN OF SPitING LAKE FOR THE ORDEHLY ANNEXA- TION OF CERTAIN LAND TO 'lHE CITY OF PInOn l.AKE PI Jn~';l J/J'J'I' '1'0 MTNNri:~~OTA STATUTES 414 FINDINGS OF FACT, CONCLUSIONS OF l.AW, AND OHDEH The abov€.-entitled matter C[\JllC; on for hearing beforel the ~1innesota r~unicipal Board pursuant to Minnesota Statutes 414, as amended, on March 18, 1981 ffild October 6, 1982 at Prior LakE:, Minnesota. The hearing was conducted by PobE:rt J. Ferdere:r, Chai rman of the: Board, pursuant to Minnesota statutes 414.01, ~)ubdj vi sian 12. l\lso in attendance were County CorrmissionGrs Willi.am Koniarskil and Anthony Worm, Ex-Officlo MembE'rs of thE Board. The City of FrioI' Lake apPE;ared by and through Rick Lind and Glenn KE'ssel, thE Town of Spring LakE appeared by and through Willard Brandt, r.I'ownship C'IE.rk and Stassen Construction Ccmpany was represented by Bryce HUEmoE.IIE.r. Tr.stimony WC1S heard and records and exhibt ts were received. f\ftET dUE uno careful considEration of all evid~nc~, tnp,r-thrr w'j th (11] records, filES and proc€E.dings, the f\1innEsota f\1Lm:icipal Board hE:reby makEE'. aI~d f1lES thE: follow.i.ng Findings of fact, Conclusions of Law Md OrdE:r. FINDINGS OF FAC'!, 1. . The joint resolutton for ord<:-rly [lnnexnti on W<lS ndopted hy thE. Ct ty of Prior LakE c:md thc- Town of Spring Lal<e (]nd duly accepted by th(-; I\,]i nnE:sotn rvlt UllC i pal Board. 2. The resolution was filed by one of thE. si gn3tories to the joint resoluatton, thE Ci ty of Prior Lake, all November 26, 1980 requesting annexation of certain property i wi thj n thE' ordErly armexation area. ThE. resolution con tat ned all thE: j nformnti on I requi rE.d by statute Jncludlng a descri.ption of the property subjEct to aIlnexation whtch is as follows: The North Three-Fourths of the Southeast one-quarter of the Northeast one-quarter of Section Eleven (11), Township One Hundred Fourteen (114), Range Twenty-two (22), Scott County Minnesota, owned by the Village of Prior Lake. The Northeast Quarter of the Northeast Quarter (NE 1/4 of NE 1/4) of Section 11, Township 114 North, Range . . -~ 22 West, Scott County, Minnesota, together with a roadway easement for ingress and egress over the West 60 feet of that portion of the East half of the Northeast Quarter (E 1/2 of NE 1/4) and the West 60 feet of that portion of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4), lying Northerly of Fulton Road, all in said Section 11, owned by the Village of Prior Lake. That part of the Northwest Quarter (NW 1/4) of Section 11, Township 114, Range 22, Scott County, Minnes~ta described as follows: Beginning at a point on the East line of said Northwest Quarter distant 842.84 feet Southerly of the Northeast corner of said Northwest Quarter; thence North 00 degrees 19'09" East along said East line a distance of 842.84 feet to the Northeast corner of said Northwest Quarter; thence west along the Nortil line of said Northwest Quarter a distance oe 715.31 feet to a point distant 1924.78 feet East of the Northwest corner of said North- west Quarter; thence South 19 degrees 27'00" East a distance of 100.00 feet; thence South 17 degrees 20'48" East a distance .of 99.48 feet; thence South 16 degrees 32'58" East a distance of 99.67 feet; thence South 17 degrees 11'00" East a distance of 210.0 feet more or less to the Northeast corner of the plat of O'Rourke Addition; thence South 17 degrees 11'00" East along the Easterly line of said Addition and its Southerly extension a distance of 380.00 feet to a point 80 feet Southerly as measured along the Southerly extension of the Easterly line of said Addition; thence South 72 degrees 49'00" West parallel with the Southerly line of said Addition a distance of 218.4 feet more or less to the center line of Township Road; thence Southeasterly along said center line to its intersection with a line which bears South 53 degrees 28'40" West from the point of beginning; thence North 53 degrees 28'40" East from the point of beginning; thence North 53 degrees 28'40" East a distance of 600.66 feet to the point of beginning. Containing 13.95 acres more or less, owned by Stassen Construction, Inc., That part of the Northwest Quarter (NW 1/4) of Section 11, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of the plat of O'Rourke Addition; thence Southerly along the Southerly extension of the Easterly line of said Addition a distance of 40.00 feet to the point of beginning of the tract of land to be described; thence continuing Southerly along said extension a distance of 40.00 feet; thence Southeasterly paralled with the Southerly line of said Addition a distance of 218.4 feet more or less to the center line of a Township Road; thence Northerly along said center line a distance of 40.00 feet to its intersection with a line parallel with and distant 40.00 feet Southerly of the Southerly line of said Addition; thence Northeasterly along said line to the point of beginning, owned by Stassen Construction, Inc. West 1/2 of NE quarter (W 1/2 of NE 1/4) 'of section eleven (11) Township 114, Range 22, Scott County lying northeast of the Township Road, owned by Joseph P. McNulty. -3- 3. Due, timely and adequate legal notice of the hearing was publishE.d, served nnd filed. 4. On June 4, 1981 the Minnesota MWllcipal Doard on its own motion expanded the Clrea under considEration before it to include the foIlowing d<::scr1bed property: I That part of Section 11, .Township 114 North, Range 22 West described as follows: Beginning at the NE corner of Section. II, Township 114 North, Range 22 West thence Southerly on the East line of said Section 11 to the South line of the North 3/4 of the SE~NE~; thence West on said South line to a point €O' East of the West line of the SE~NE~; thence South parallel to said West line, to the South right of way line of the Township Road (a.k.a. Mushtown Road); thence Northwesterly on said right of way line to a point 80' Southeasterly of the Southwesterly extension of the South line of O'Rourke Addition; thence North 72049' East parallel to the South line of O'Rourke Addition 250.79' to the Southeasterly exten- sion of the NE line of O'Rourke Addition; thence North 17011' West along 'Said Northeasterly line and its extension 510' to a point; thence North o 0 16 32'58" West 99.67'; thence North 17 20'48" West 99.48'; thence north 19027' 00" 100' to a point in the North 1 ine of the NW~~, Section 11, Tnwnahip 114 North, Range 22 West; thence East on the North line of said S€;ction 11 to the NE corner and Lhe po.LnL of beginning. S. On June 4, 1982 the Minnesota Municipal Board issued an interim ordtr approving the annexatJon of a portion of the area described in Findings of Fact 4. 'Ihe orcl<:-.r furthe.T required that a hearing on th<; expandEd area would be held onl.y if rE.quested by any of the c'xpandE.d arE: a 's property owners wi thi.n 90 days of thC' Board's Order. 6. The Findings of Fact of Minnesota Municipal Board Order A-2148 (OA)-3 Prior Lake issucd June 4, 1982, referenced in the previous paragraph, arE: h~reby incorporated by reference. 7 . Thc' Minnesota Municipal Board rece:i ved a rE:quE:st fran Bryce HUEmoE;ller, Attorney for Stassen Construction Company, a property ownEr in thE. expandE..d arcD, for a hearing on thE: following describEd property which heari.ng was held on OctobEr 6, 1982: That part of the Northwest Quarter (NW~) of Section II, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the $ast line of said Northwest Quarter distant 842.84 feet Southerly of the Northeast corner of said Northwest Quarter; thence North 000 19' 09" East along said East line a distance of 842.84 feet to the Northeast corner of said Northwest Quarter~ thence West along the North line of said Northwest Quarter a distance of 715.31 feet to a point distant 1924.78 feet East of the Nor~hwest corner of said Northwest Quarter; thence South 19 27' 00" East a distance cf 100.00 feet; o . thence South 17 20' 48" East a distance of 99.48 feet; thence South 160 32' 58" East a distance of 99.67 feet; thence South 170 II' 00" East a distance of 210.0 feet more or less to the Northeast corn5r of the plat of O'Rourke Addition; thence South 17 11' DO" East along the Easterly line of said Addition and its Southerly extension a distance of 380.00 feet to a point 80 feet Southerly as measured along the Southerly extension of the Easterly line of said Addition; thence South 720 49' DO" West parallel with the Southerly line of said Addition a distance of 218.4 feet more or less to the center line of a Township Road; thence Southeasterly along said center line to its intersection with a line which bears South 530 28' 40" West from 'the point of -4- beginning; thence North 530 28' 40" East a distance of 600.66 feet to the point of beginning. Containing 13.95 acres more or less. l-iliD : That part of the Northwest Quarter (NW~) of Section 11, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast corner of the plat of O'Rourke Addition; thence Southerly along the Southerly extension of the Easterly line of said Addition a dis- tance of 40.00 feet to the point of beginning of the tract of land to be described; thence continuing Southerly along said extension a distance of 40.00 feet; thence Southwesterly parallel with the Southerly line of said Addition a distance of 218~4 feet more or less to the center line of a Township Road; thence Northerly along said center line a distance of 40.00 feet to its intersection with a line parallel with and distant 40.00 feet Southerly of the Southerly line of said Addition: thence Northeasterly along said line to the point of beginning. 8.. The Stassen Construction Company property is approximately 15 acres in size. 9. The Stassen property borders the City of Prjor Loke by npproximately 17.647%. JO. The stassen property js proposed for TT1ultipJp, l1ni1- rr-~irlE:ntinl rlevelorrnent. 11. The majority of the multiple dwelling units in Prior L.ake are located immediately north and east of the area proposed for annexation. 12. The Stassen property is vacant with approximately 4 acres of waste land or pond. It is generally level. The development <1nd proper grading and shnpinR would imrrove thc-. lnnd and the pond. 13. The area is developDble becaUSE: of its location cldjncent to the shorping center, mClrkets 8nd near recreational opportunities. The residents of the Stassen Construction property waul rl Fxi t northv/ard from that area to get to the various cOITlnc:rcial enterprises. 14. The Ci ty of Prior Lake has capaci ty [md is willing to provide mlmicipal services to the area proposed for annexation. 15. The assessed valuation of the Stassen property is $4,332 with an estimated market value of $22,800. 16. ThE present development plans of the stassen property would call for a buffer zone between the existing single-f8lTlily residE.ntiCll homes and the mult.iplE: family dwellings plan. 17. Mr. Stassen is attempting to develop a road right-of-way easement northward from his property. 18. The rl'own of Spring Lake wants traffic from thE: Stassen prOpErty to exi t northward so as not to use Mushtown Road which is being maintained by the Township ()nd i E. primc:lri ly a grnve 1 road. -5- 19. Annex8tion of thE: stassen properl~y :i s consi.stent with the joint resolution for orderly unnc::xaU.on between the Town of Spring Lnke and thE: Ci ty of Prior LakE.. CONCLUSIONS Of L^W 1. ThE: ~1i nnesota Municipal Board duly acqui.red and now has juri sdJction of th<: within proceeding. 2. The 8rea subject to annexation is now or is about to become urbfU1 or suburban in nature and the annexing muni.cipal i ty is capDble of provid ing services required by the area within a reasonable tjme. 3. 'The existing township form of governmc:nt is not adEquate to protect public health, safety and welfare of the area proposed for annexati.on. 4. The annexation would be in the best interests of the area proposed for cUlnexation. 5. The cUlnexation is cons1.stent wtth the terms of the joint resolution for orderly annexation. 6. The development of a road right-of-way, northward from Lhe ~tassen properly will alleviate the mojority of the use of Mushtown Hoad resuJtinp; fron the development of the Stassen property, and this easement or road right-of-way should be developed within 90 days of this order. 7 . An order should bE issued by the Minnesota Munj .cipal Board 8nnexing the area described in Findings of Fact G, herein, fUld denying without prejudLce the J. I:::lllaining propErty. nnnl<n 1. JT /:; III':HI~BY OHI)I':W':D: That tf there h; devcJupuJ ~l nXld l'i~~IlL-()r-W~lY 01' specific easemEnt providing a northern accesS to the property dEscribEd in findings of F.8rt F), hE=rein, within 90 days of the dote of Lhi s order, Ull:. properLy clC"~:;cr'il)(:d in Vi nd i rig::.; c. f F; Ie L (), he rei. n, be (In(} the=. S:lmc. i:i IKTClJy nnllL xc d to U lC: (' i LV () f' Frior Lrlke on June 13, 19B3 the Sc.lI1lE: as l.f it had bE:en originall.y fllnc]c: a purL th(:n:of. ;.l. 1'1' ,:.~ 1.11!1'!'III<H ()I~/)I<!~J'J): ThnL the dl~vcJuprllcnl. ur ('.j L11'~1' 1I.,~ '.'~l:..",ern\~nL U~' t:lll~ access shall be certified to thE: MuntcJpal 130nrd by ['Ul Affidc.vit of the attorney of Stassen Construction COJpany. 3. I'T IS FURTHER OHDEHED: That if an easement or right-of-way for a northern access to the nrCD proposed for unnexation j s not obtained w.i Ud n 90 days of the date of this order, Ute nnnexation is denied wi l.houL pt~ejIJdice. 4. IT IS FlfR'l'HEH OHDERED: rl'hat the annexation of the r"em<lining ar'ea within the -6- e86l r. l ~VW . area expanded by the Municipal Board for its consideration is denied without prejudice. 5. IT IS FURTHER ORDERED: That the effective date of this order is March 10, 1983. Dated this 10th-day of March, 1983. MINNESOTA MlmICIPAL BOARD 165 Metro Square BuiJ dJng st. Paul, Minnesota 55101 --~ a. )1;{witt Terrence A. Merritt Executive Director