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Home My WebLink About02-33 Admin. Plat - Withdrawn PROCEDURE FOR APPROVAL OF AN ADMINISTRATIVE LAND SUBDIVISION In some instances, the City staff may administratively approve the subdivision of an existing platted parcel (Section 1006.101 of the City of Prior Lake Subdivision Ordinance). Administrative land subdivisions may only be approved when the proposed subdivision meets the following criteria: 1. The divisions will not result in more than three (3) parcels. 2. All newly created lots must meet the minimum standards of the Zoning District in which they are located and the resulting parcels must generally conform to the shape and area of existing or anticipated land subdivisions in the surrounding areas. 3. The division will not cause any structure on the land to be in violation of the Zoning Ordinance. 4. Any easements that may be required by the City must be granted. Process: Following receipt of a complete application, the City staff will review the application for conformance with the provision of the Zoning Ordinance, the Subdivision Ordinance and all other applicable City ordinances. The City shall take action to either approve or deny an administrative subdivision and notifY the applicant in writing of this decision within ten (10) business days of receipt ofa completed application. Appeals: The decision of the staff to approve or deny an administrative land subdivision may be appealed by an affected party within five (5) days of the decision. An appeal shall be processed according to the provisions of Section 1109.300 of the Zoning Ordinance. APPLICA TION INSTRUCTIONS . Application Fee: Check payable to the "City of Prior Lake". The non-refundable filing fee for an Administrative Land Subdivision is $175.00. . Signed Application: Include authorization from the property owner on the application form or by attached letter of authorization if an agent signs the application. . Application Checklist: The attached checklist identifies the necessary information. Failure to provide any of the required information will result in an incomplete application. The Application Checklist will expedite the review of your application. Attach the checklist with the application materials. I :lhandouts\200 I handoutslsubdivisionsladmin.doc 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ADMINISTRATIVE LAND SUBDIVISION APPLICATION CHECKLIST PROPERTY ADDRESS: DEVELOPER: For City Use Only 1 . A complete Land Subdivision Application form, signed by the applicant and the fee owner of the property. 2. The required filing fee of $175~.00. 3. Ten (10) full-scale copies and one 11" by 17" reduction of the certificate of survey identifying the existing and proposed lot lines, as well as any existing structures on the lot and the setbacks from the current and proposed lot lines. 1 CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE. MN 55372 (952) 447-4230. FAX (952) 447-4245 ...--... /1 1/\ ,0 [t--'VI ;'r\{{/~..~. Received of. (U {.. C -tl-\, - , I I" ...... ' · ' J", ,. : -1'711 " i'V .'1 ~. :.t .....[.., ~-j ,J-~i the sum of ! V\V ,';, "i..',/v....\/L... ',.'1::-::1", V' A/i /.'"' for the purpose of $ ./' C -'1 ) i v"'v I, , _:I.!", "/1 t . j t. ( ,d .!..L....l I I .\ .. i . ! .,1 _ 1.,' '..1:'.. \ i . -" -1 T.vV ) ; t: ~ ". . , . ~i 1\ \_, " RECEIPT # 40090 DATE: 3-) ~ -07 I.' .. \ (' f_' ," . . ""J /. f' " j . . ........ ~ '.' -- - . dollars t;/ /..:( L-/[, f \,~~ 'j_.-.r--; ,.._A, Invoice # l"\ , . It~. n j\V.~ fl, " t.- . I " . .' \ I \ i " I' -. .f 1 i' 'f J ( -- ,_ \; \.... '- __,.v.-. t.... " l., I /1. __...~ - .'... ----~ Receipt Clerk for the City of Prior Lake CITY OF PRIOR LAKE DRC PROJECT REVIEW CHECKLIST PROJECT NAME: I APPLICANT: PROJECT ENGINEERS: I CONTACT PERSON: PID#: LOCATION: I EXISTING ZONING: COMPREHENSIVE PLAN: I I PROJECT REQUEST: Rux Administrative Lot Subdivision An application to subdivide an existing lot with a duplex into two, individual lots, under the provisions of Section 1101.501 (5) of the Zoning Ordinance (attached), Dean Rux Valley Surveying Dean Rux 612-710-2909 SITE INFORMATION 25-020-004-0 5609 Huron Street SE R-2 R,L1MD I Review and comment on application. f---- DISTRIElUTETO:----I-'iJUiPLlCATION FO~--' f-. . Frank Boyles . --lr+ Bud OsmlJndson- -\'''''''' Administrative Land DiviSi~ - . I + Sue Walsh + Sue McDermott I Comprehensive Plan Amend, I + Ralph Teschner: I Conditional Use Permit I + Chris Esser I + Fire Chief ' Home Occupation I + Bob Hutchins 'II'. Bill O'Rourke Rezoning I. Don Rye Site Plan I Jane Kansier I Preliminary Plat I I PUD DNR - Pat Lynch Minnegasco Final Plat County Hwy, Dept. Watershed Dist. Variance MNDOT Telephone Co. Vacation SMDC Electric Co. Mediacom Cable Met. Council ITDate Received . 3/14,62 I Complete APPlicatl~~-- 3/18/02 Date I Publication Date NA I I 60 Day Review Date 5/18/02 1:102filesI02adplatlruxlreferral,doc Date Distributed Date Distributed to DRC Tentative PC Date 3/18/02 - Date Due -- -3128/02- 3/18102 DRC Meeting 3/28/02 NA Tentative CC NA Date , Review Extension _.__..____dl Page 1 I have reviewed the attached proposed request IRux Administrative Lot Subdivision) for the following: Ii TWater --- - City COde-I- I Sewer Storm Water I Zoning Flood Plain I Parks Natural Features I Assessment Electric I Policy Septic System Erosion Control Grading Signs County Road Access Legal Issues Roads/Access I I I I I i -...J Gas Other Building Code Recommendation: Approval Denial Conditional Approval Comments: Signed: Date, Please return any comments by Thursdav. March 28. 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 1:I02filesI02adplatlruxlreferral.doc Page 2 I have reviewed the attached proposed request fRux Administrative Lot Subdivisionl. for the following: 1 I , I Water Sewer ZonIng Parks Assessment Policy I Septic System t_l_ E!osion Control TTI;:;r~~:ter-- I Flood Plain Natural Features Electric Grading Signs County Road Access Legal Issues Roads/Access I Gas I Other <::;t:. II Building Code Recommendation: Approval L Denial Conditional Approvai Comments: I. \2..,)1,-.0"'-'",,, I'VI..;S, l'fLtt-l ~";I'-UI;'>U L.of)Y ii.;. EAu.f- EJI'-"'i~ 10 1-1+11& A ONE 1-1-0"""- WI\u....- oN N",,,,j C0JT6'L Pa...oP~ LiNe I I." tAr _1+ (l., J I J) i!"'''"' 10 H4 01':- A t>AlZAi'8"r q2... CuJo.l<;n2.'-''--lIoN ,'*"T EoXE--M/TS PA-~ ~~R..uCT1<-tJ ^ ' ) c... .:; E:c"~ u't , L- \'I.<I1G S ( w"" T f:1L t- ~E".AA'L- /l., i' PL.lLA/'JT" 1--1.J""- \I'2iL,r. ~ IS".:: IS,IN(, , [nNSr!W",,7\w M .::6-r<; Cve..f.a.J .. Cc:>o 6- o/Z- .-r-u A-T' 'T11k'1. R,jli..l\/.~ Rt<:- Ri2nw l:., rr6'\ T'" 'i t'i& ~.4vr GDf)S - ) "Ill ~~~~ I I Signed: Date: 3/1 P> l:;.2- I I Please return any comments by Thursdav. March 28. 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake. MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 1:I02filesI02adplatlruxlreferral.doc Page 2 I have reviewed the attached proposed request CRux Administrative Lot Subdivision) for the following: Water Sewer Zoning Parks I Assessment Policy I Septic System Gas Building Code __ Erosi.on Con_tr~___ _Other___L__ _ ___. - --l ~;:;r~~::-' - - : ~i~a:~ng - -- -- I Flood Plain I County Road Access Natural Features Legal Issues Electric Roads/Access Recommendation: ~ Approval Denial Conditional Approval Comments: Signed: ~~ Date: 3 \\'\\0-'\ Please return any comments by Thursdav. March 28. 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 1:I02fi1esI02adplatlruxlreferral,doc Page 2 I have reviewed the attached proposed request CRux Administrative Lot Subdivision) for the following: - )CWater--i-1 City CO~---I Gradi;:;g- ------ i X Sewer I I Storm Water I Signs I' Zoning Flood Plain County Road Access ,I Parks Natural Features Legal Issues Assessment Electric )< Roads/Access j Policy Septic System Gas I Building COd,e J Erosion Control Other ---~-------=------------- Recommendation: Approval Denial L Conditional Approvai Comments: ~ L -S ~ av-.Q ~"'tA ~ (5\r..J L--' c..::b...."" 'i~wo_ 4c ~_ (\.,;l ~'S. E;;ar...... ~ ~S+ ~ ,*.5 (j)~ ~.,.,.ro. ~~ ~~ ... ~,j. , ,J,,*.\. f' -'Vl./\ . .....:r..P 1..J\..1 JJ 'I,~ ,4 f,--,P_i~<Af. 0 I.d) ~^ -f-.-Lp /Y)....a.A _ _ '" +O-f-'--.A hilA l.V! ~ Q~~ "g.tf'~"'-' Signed: _ -)." M c~__..o---U- Date, J..//1/6"L Please return any comments by Thursdav. March 28, 2002, to Jane Kansier, DRC Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 1:102filesI02adplatlruxlreferral.doc Page 2 f\LE COPl March 18, 2002 Dean L. Rux 5609 Huron Street SE Prior Lake, MN 55372 RE: Administrative Lot Subdivision Application Dear Mr. Rux: On March 18, 2002, the City of Prior Lake determined all of the necessary submittals for the above application have been received. This letter serves as your official notification that this application is now complete. The DRC will now begin formal review of this request. One item you must submit before we can approve the subdivision is a covenant or party wall agreement as required by Section 1101.502 (5). Attached is a sample agreement we have accepted in the past. Please submit such an agreement for review and approval by the City Attorney. In the meantime, the staff will review the other application materials. If you have questions, please contact me directly at 952-447-4230. Sincerelv.. . +(r. . _ .. , Jane Kansier, ~1~'!vQAJl/"- Planning Coordinator Enclosure . 1:\02fi1es\02adplat\rux\complete letter. 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 Zoning Code have the right to appeal the decision to the City Council pursuant to subsection 1109.400 of the City Code. (amd. Ord. 99-18-pub. 11/20/99, amd. Ord. 00-22-pub. 9/23/00) (4) Principal buildings. There shall be no more than 1 principal building on 1 lot except by Conditional Use Permit or as provided under subsection 1106.10.0 through 1106.600. x (5) If a lot containing a two-family dwelling is subdivided into 2 lots, the minimum lot area, lot width and side yard requirements may be waived subject to the following conditions: >- A common wall shared by the 2 dwellings is located in its entirety on the boundary line separating the 2 lots; The common wall meets the standards of the Building Code for owner- occupied units and any other applicable coes adopted or enforced by the City; A covenant or other agreement is approved by the City Attomey and filed with the Scott County Recorder; and Each of the 2 dwellings is served separately by public utilities, none of which are shared. >- , , i I ~ , ~>- (amd. Ord. 99-18-pub. 11/20/99) 1101.502 Reauired Yards/ODen SDace. '. (1) The area of a yard, bufferyard, or other open space shall not be reduced beiow the minimum size required by this Ordinance. (2) If the existIng yard is less than the minimum size required by this Ordinance, it shall not be further reduced in size, (3) If the existing bufferyard or other open space is less than the minimum size required by this Ordinance, it shall not be reduced In size. (4) No yard or open space which is required by this Ordinance for any structure shall be included as a part of any yard or open space which is required by this Ordinance for another structure, except as provided in subsection 1107.2000. (5) Usabie open space which is required by this Ordinance shall contain improvements such as outdoor swimming pools, patio areas, game areas, landscaped and grassy areas which contain benches, sculpture gardens, pedestrian paths and trails, or similar outdoor fixtures or features, Roofs, driveways, and parking areas shall not constitute usable open space, The minimum dimension of usable open space shall be 30 feet. . (6) On a through lot, both street lines shall be front lot lines for the purpose of applying this Ordinance. ---...- ---- City of Prior Lake May 1, 1999 llOllp34 ( Doc. No 425643 ~~~ 0t{t OFFICE OF THE COUNTY RECOROER S' SCOTT COUNTY. MINNESOTA ft Certified Filed and/or Rec:otded 011 -5FP ? <-mR f.L. Pal Boecl<man, County Reccrder by June Mmer. Deputy *..*****..***.*****.******..***.**~***********.*******-.....-................-...-.-..-................-.-.-.*.... PARTY WALL AGREEMENT THIS AGREEMENT, effective this 27TR day of Au\!ust ,199lL-, by and between CRABTREE BUILDERS, INC., a MInnesota corporation ("Crabtree") and David E. Russ & Dawn A. Russ ("Purchaser"). Recitals A. Crabtree is the owner of a twinhome located on adjoining parcels of land in Scott County, Minnesota, legally described as follows: '. Parcel A: see attached legal ~ ~L _> 8~ j!!\.. " 1::;....., \!<J ....... ::: :>W"l'" 1/"\ (.. c..: cc-CU")\I1 . J - ",:::0"""2 N ,l::-S ~~~a::& '0 1- -,CC~~LJ'./) L;\/ ~j~~~ ~ I =- l::~ Si Sl Parcel B: see attached legal 8, Purchaser is al;out to purchase Parcel B from Crabtree. C. The twinhomes will have, as a part of their construction on the dividing line between Parcels A and 8, a wall which shall constitute a Party Wall and which is common to the twin homes ("Party Wall"). . -. -_._-_._.__._'-'---.._--_..~-,..,---_._----_.~----"- NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Declaration of Partv Wall. The wall described in Recital C hereof shall constitute a Party Wall and the owners of Parcels A and B shall be entitled to the use of the Party Wall to such extent as may be necessary in connection with the use and enjoyment of their respective parcels. 2. Reoair or Rebuildino. In the event it becomes necessary to repair or rebuild the whole or any part of the Party Wall, such expense shall be borne equally by the parties. Provided, however, the parties shall be responsible for maintaining and repairing the finished interior surface on their side of the Party Wall. Repair or rebuilding of the Party Wall shall be on the same location as the origInal wall and shall be of the same or similar materials that were Llsed in the construction of the originai wall. 3. - Arbitration. Any controversy that may arise between the parties with respect to the necessity for, or the cost of repairs or rebuilding, or wIth respect to any other rights or liabilities of the parties under this Agreement, shall be submitted to binding arbitration under the jurisdiction of the American Arbitration Association venued in Minneapolis, Minnesota, 4, Bindino Effect. The benefits and obligations of this Agreement shall run with the land and shall bind the respective parties to this Agreement, their heirs, successors, personal "P""OI'ti'~~~' 6~~ C:;SRAE BUILD~ INC. ) BY: ,-all ~ -: j /\...- . Nelson -- Its President CL/;,~~ . DA~E. H~ h~ . ' 'CUi 4?-/4""-- / DAWN A. HUSS -2- STATE OF MINNESOTA ) (S5 COUNTY OF SCOTT ) (;uThe foregoing instrument was acknowledged before me this ~-;tj;l day ofc.~/>r 19..le. by DALE P. NELSON, President of CRABTREE BUILDERS,1NC., a Minnesota pora- tion, on behalf of the corporation. '," ~ v",",~^-",-,,~,,^,"'~~"', ~ /' /} , - 0 'l"";;:"'<-~ " IlNuA C, lO\!LEV /~A'..v/6 j </"/ 'A'/,L/'--;:, C:,\....) ,'Ol:',RV rU3L1G - Mii'ritSOT^ Notar- ublic /' ' r- i' ; ~;~";: '-~r'li"':'1rni~si(!!l r:rplfp.s 1.3} .on - --" -~..__....~_.. STATE OF MINNESOTA ) (SS COUNTY OF SCOTT ) ~)-H-'f,-- A. "; f- A' The foregoing instrument was/acknowledged before me this /7/( day of /'{~t;~'/7 19910. by .4&"'d F. U6' 8M . P'coh"". "tu' , (I DtlJ(),t4 tlLt55 (~- / /} " ' 'Yht<:kf .. -- ~ _Notaiublic '.----- / THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 612/452-5000 TJC ; . ...'. - '.......~,'...... ( "11'::,... ................... .. .' ,r lo~'" ----~ J , ":'";' f'~'. ~.-:-' VLt:y 1 ,.' ,"_ '~JkIC. ''" ,..~.,--'.~.,::' ','~ i.pt/;,,/,.-, I\IINNESO" ........,. '1"..,'(Jr'I"". 1;1 - -"'" _,~.~,:",c^P;res 1-31-00 o ~\) -3- -"--~"--'._--"""--'--'----' FILE COpy TO: FROM: Suesan Lea Pace, City Attorney Jaoe Ka,,;e,. Plaoo;og COO"';"'to~ March 29, 2002 DATE: RE: Party Wall Agreement Attached is a draft party wall al;' ,",,",,,.ent for the property located at 5609 Huron Street SE. The property owners are proposing to subdivide the existing duplex into two separate lots, as shown on the attached survey. The two units would be deeded to two separate owners. This agreement is patterned after similar agreements we have accepted in the past for similar situations. Please review this agreement and let me know if it is acceptable. The owners are anxious to close this sale. If possible, please return your comments to me by April 5, 2002. Thank you for your help. Please let me know if you have any questions. Enclosure . 1:\02filesI02adplatlruxlattomey memo,doc .****...............*..***.***..**..**...******.***.**..*.*.**********.******..*.***.* PARTY WALL AGREEMENT THIS AGREEMENT, effective this Rux, Brenda K Rux, and Kelly M Rux, day of . 2002, by and between Dean L RECITALS A. Dean L Rux and Brenda K Rux is the owner of a twinhome tocated on adjoining parcels ofland in Scott County, Minnesota, legally described as follows, PARCEL A: see attached tegal PARCEL B: see attached legal B. Kelly M Rux is about to purchase Parcel from Dean L Rux and Brenda K Rux, C. The twinhomes will have, as a part of their construction on the dividing line between Parcels A and B, a wall which shall constitute a Party Wall and which is common to the twinhomes ("Party Wall"), . NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: I, Dedaration of Partv Wall. The wall described in Recital C herof shall constitute a Party Wall and the owners ofParcets A and B shalt be entitled to the use ofthe Party Wall to such extent as may be necessary in colUlection whit the use and enjoyment of their respective parcels, 2, .Renair of Rebuildin... In the event it becomes necessary to repair or rebuild the whote or any part of the Party Wall, such expense shall be born equally by the parties, Provided, however, the parties shall be responsible for maintaining and repairing the finished interior surface on their side of the Party Wall, Repair or rebuilding of the Party Walt shall be on the same location as the original wall and shall be of the same or similar materials that were used in the construction of the original wall, 3, ,4.rbitration. Any controversy that may arise between the parties with respect to the necessity for, or the cost of repairs or rebuilding, or with respect to any other rights or liabilities of the parties under this Agreement, shalt be submitted to binding arbitration under the jurisdiction of the American Arbitration Association venued in Minneapolis, Minnesota, 4, Bindin" Erred.. The benefits and obligations of this Agreement shall run with the tand and shall bind the respective parties to this Agreement, their heirs, successors, personal representatives and assigns, Dean L Rux Brenda K Rux Kelly M Rux STATE OF MINNESOTA COUNTY OF SCOTT The foregoing instrument was acknowtedged before me this Dean L Rux and Brenda K Rux" Notary Public STATE OF MINNESOTA COUNTY OF SCOTT The foregoing instrument was acknowtedged before me this Kelly M Rux, Notary Public day of 2002 by day of 2002 by Jane Kansier From: Sent: To: Subject: Bob Hutchins Monday, April 22, 2002 3:35 PM Jane Kansier RE: Rux Administrative Lot Split Jane, Ralph talked to Sandy XX at the Met Council Environmental Services and she stated that two SAC units had been charged to the building in 1976. Ralph and I came to the conclusion that there should not be any additionai sewer and water charges applied to the lot split application, Mr. Rux does need to apply for a building permit for the construction that is required to bring the twin home into Uniform Building Code compliance, Could you please mention this in the letter to him. Thanks, Bob -....Original Message----- From: Jane Kansler Sent: Monday, April 22, 2002 10:17 AM To: Bob Hutchins Cc: Ralph Teschner; Sue McDermott Subject: Rux Administrative Lot Split Bob: Do you have any information on the permit fees for the sewer and water connection to the Rux property at 5609 Huron Street? I would like to get a letter out to Mr. Rux today, Thanks, Jane 1 Post-it" Fax Note 7671 ITo (!f;.t7Jl! !<Arlo.... I co,lOept.~hlr? J c.A. IPhone. Ws--IDSO IFax. WS- 031'f I Dateslze Ita3~s~ I jFoom ~1d1l.f-, leD Bu:cv u..h.. I I Phone ''i~- t.J<./ r - cj ;) 3cJ ,Fax . April 22, 2002 Dean L. Rux 5609 Huron Street SE Prior Lake, MN 55372 RE: Administrative Lot Subdivision Application Dear Mr. Rux: The Prior Lake Development Review Committee (ORC) has completed its review of your application for an administrative lot subdivision of the property located at 5609 Huron Street SE. We have determined this subdivision can be approved once you have completed the following steps: 1. A building permit has been issued for the common wall. 2. A party wall agreement is approved by the City Attorney and filed with the Scott County Recorder. 3, Each of the 2 dwellings is served separately by public utilities, none of which are shared. In order to accomplish this, you must tap services into both the sanitary sewer and water main in accordance with City standards. A connection permit must be obtained by the contractor installing the services. Once all of these items have been completed, we will approve the deeds subdividing this property. At that time, you may record these deeds with Scott County, A new address will be issued for one of the units once Scott County has issued a new PIO number. Thank you for your attention to this matter. If you have any questions, please contact me at 952-447-4230, Sincerely, ~{2.~ Jane Kansier, AICP Planning Coordinator cc: DRC Members 1:\02files\02adplat\rux\app steps.doc Page 1 16200 Eagie Creek Ave S,E" Prior Lake, Minnesota 55372-1714 1 Ph, (952) 447-4230 1 Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER FILE COpy May 13, 2002 Dean L. Rux 5609 Huron Street SE Prior Lake, MN 55372 RE: Administrative Lot Subdivision Application Dear Mr. Rux: It has recently come to my attention that you are attempting to record a deed subdividing the property located at 5609 Huron Street SE. As I noted in my letter to you dated April 22, 2002, this subdivision can be approved once you have completed the following steps: 1. A building permit has been issued for the common wall. 2. A party wall agreement is approved by the City Attorney and filed with the Scott County Recorder. 3. Each of the 2 dwellings is served separately by public utilities, none of which are shared. In order to accomplish this, you must tap services into both the sanitary sewer and water main in accordance with City standards. A connection permit must be obtained by the contractor installing the services. Please be advised that we will not approve the deeds subdividing this property until these steps have been completed. Once we have approved the deeds, you may record these deeds with Scott County, A new address will be issued for one of the units once Scott County has issued a new PID number. Thank you for your attention to this matter. If you have any questions, please contact me at 952-447-4230. Sincerely, ~Q.~ V~ne ~ansier, AICP Planning Coordinator cc: DRC Members 1:\02files\02adplat\rux\app steps2.doc Page 1 16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372,1714 1 Ph, (952) 447-4230 1 Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER HUEMOELLER & BATES ATTORNEYS AT LAW 16670 FRANKLIN TRAIL P.O. BOX 67 PRIOR LAKE, 1''U.1 H . ",SOT A 55372 (952) 447-2131 Fax: (952) 447-5628 E-mail: nriorlakelawuvintellTaonline.com BRYCE D. HUEMOELLER JAMES 0, BATES ALLISON J. GONTAREK OF COUNSEL: CHARLESC,HALBERG June 5, 2002 Dean Rux 5609 Huron Street Prior Lake, MN 55372 RE: Party wall agreement Dear Dean: I noticed that you haven't yet picked up the documents I finished in mid-May so am sending them to you with our statement for services. If you have questions about any of it, please give me a calL Yours truly, James D. Bates JDB:bj Enclosures AFFIDAVIT OF AGENT STATE OF MINNESOTA) )ss. COUNTY OF SCOTT) James D. Bates, being first duly sworn, on oath says that he is the agent for the purchaser of registered land in Scott, Minnesota, from Dean L Rux and Brenda K. Rux, husband and wife, and Kelly M. Rux, single, who are the owners and holders of Certificate No. 27159. Purchaser Name: Kelly M. Rux Address: 5611 Huron Street City of Prior Lake County of Scott State of Minnesota Zip 55372 who is 18 years of age or older and is under no legal incapacity, and is single. ..... Subscribed and sworn to before me this I 5"1> day of !y\o.J,j , 2002. I , _ \uO~, Jy ~Lct".v- ~ Public e. JlJUE ANN DEUTSCH '..' NOTARY PUBLIC. MINNESOTA . ,.:,. My Commission ExpIrn 1-31.2005 . FILE COpy TO: FROM: DATE: Suesan Lea Pace, City Attorney Jane Kansier, Planning Coordinato~ June 17, 2002 U RE: Party Wall Agreement Attached is a draft party wall agreement for the property located at 5609 Huron Street SE. The property owners are proposing to subdivide the existing duplex into two separate lots, as shown on the attached survey. The two units would be deeded to two separate owners. Please review this agreement and return your comments to me by June 24, 2002. Thank you for your help. Please let me know if you have any questions. Enclosure Post-it" Fax Note 7671 Date ':f-1.:v..D'1..1ta8~s" , do- To ~j.A'1IY.I ~hoIJ/" From :.::r-~ CoJDept -H1 "-l~ Co, rr-,'ur ~ Phone .(alA....sB -a.'i'd':1 Phone' 'is'~ - '..N1-'jtI)..-' IFax. 1I1d.-3.3'i' -7l?5X Fax' I 1:102filesl02adplatlruxlattorney memo2,doc DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration is made by Dean L. Rux and Brenda K. Rux, husband and wife, and Kelly M. Rux, single (the Declarant). RECITALS A. The Declarant owns the Property on which a two-family residence has been constructed. B. The Declarant desires to provide for the maintenance of the Property and the easements necessary to the use and efficient operation thereof. NOW, THEREFORE, the Declarant hereby declares that the Property is made subject to the covenants, conditions, restrictions and easements herein (the Covenants). 1. DEFINITIONS. (a) Basic Definitions. The following words, when used in this Declaration, shall have the following meanings: (i) "Property" means the real property described in Section 2. (ii) "Living Unit" means any portion of a building situated upon a Lot and intended for use and occupancy as a residence by a single family. (ill) "Lot" means either of the following parcels, to-wit: That part of Lot 4, Block 1, OAKWOOD HILLS 2ND ADD'N, Scott County, Minnesota, lying westerly of the following described line: 1 Beginning at a point on the north line of said Lot 4, Block 1, distant 47.42 feet westerly of the northeast comer; thence southerly to a point on the south line of said Lot 4, Block 1, distant 46.78 feet easterly of the southwest comer of said Lot 4, Block 1, and there terminating. That part of Lot 4, Block 1, OAKWOOD HILLS 2ND ADD'N, Scott County, Minnesota, lying easterly of the following described line: Beginning at a point on the north line of said Lot 4, Block 1, distant 47.42 feet westerly of the northeast comer; thence southerly to a point on the south line of said Lot4, Block 1, distant 46.78 feet easterly of the southwest comer of said Lot 4, Block 1, and there terminating. (iii) "Lot" means any parcel within the Property, whether or not platted, upon which a Living Unit is situated. (iv) "Owner" shall mean one or more persons or entities who hold the record title to any Lot subject to this Declaration, but excluding in all cases any party holding an interest merely as security for the performance of an obligation. If a Lot is sold under a recorded contract for deed, then the purchaser (rather than the fee owner) will be considered to be the Owner. (v) "Mortgagee" means any person named as mortgagee or any successor to the interest of such person under any mortgage of record or other security interest by which a Lot or any part thereof is encumbered. (b) Additional DefInitions. The following terms are defmed elsewhere in this Declaration as follows: Term Section Defined Covenants Declarant Declaration Preamble 2. PROPERTY SUBJECT TO THIS DECLARATION. The property which shall be held, conveyed and occupied subject to this Declaration is legally described as follows, to-wit: 2 Lot 4, Block 1, OAKWOOD HILLS 2ND ADD'N, according to the plat thereof on file and of record in the Office of the Registrar of Titles, Scott County, Minnesota. 3. COVENANTS FOR INSURANCE. (a) Maintenance of Insurance by Owners. Each Owner of a Lot, including the Declarant, by acceptance of a deed or other conveyance therefor, whether or not expressed in such conveyance, covenants to obtain, maintain and timely pay the premium on a policy of fire, extended coverage, vandalism and malicious mischief with all-risk endorsement insurance. The insurance shall cover a minimum of the entire replacement cost of the Living Unit located on each such Lot. (b) Repair of Living Unit After Insured Loss. If any Living Unit is destroyed or damaged by causes covered by the insurance in Section 3(a), all insurance proceeds shall be paid to the Owner and the first Mortgagee of the Living Unit. The insurance proceeds shall be applied and administered as follows: (i) The insurance proceeds shall be deposited by the Owner and the first Mortgagee in escrow with a mutually acceptable title insurance company to be held and disbursed as provided herein. (ii) The Owner of the destroyed or damaged Living Unit shall, within thirty (30) days after the insurance proceeds are deposited with the title insurance company under Section 3(b)(i), enter into a firm contract with a qualified builder for the restoration of the Living Unit to substantially the same condition as existed immediately prior to the loss. However, no contract shall be entered into by the Owner for an amount in excess of the insurance proceeds then held by the title insurance company for the, Living Unit until additional funds sufficient to pay all construction costs, as determined by the title insurance company, are deposited in escrow by the Owner. The first Mortgagee shall have the right, but not the obligation, to deposit the additional funds in excess of the insurance proceeds that are necessary to permit restoration. The restoration shall be commenced and completed with due diligence and in no event shall the contract provide for a completion date later than one hundred eighty (180) days after execution of the contract. (iii) If the Owner of the destroyed or damaged Living Unit fails to enter into a contract for the restoration of the Living Unit as provided in Section 3(b)(ii), or if the restoration is not commenced or completed as provided in Section 3(b)(ii), the first Mortgagee of the destroyed or damaged Living Unit or the Owner of the adjoining Living Unit, with the consent of the first 3 Mortgagee of the destroyed or damaged Living Unit, shall have the right, but not the obligation, to enter into those contracts deemed necessary to complete the restoration and to have the insurance proceeds applied in satisfaction of any obligations incurred under such contracts, without liability of any kind to the Owner of the destroyed or damaged Living Unit. (iv) Disbursement of the funds on deposit under Section 3(b)(i) for restoration contracts entered into under Sections 3(b )(ii) and (iii) shall be made by the title insurance company, subject to the following: (aa) Section 5 entitled "Architectural Control" shall apply to the restoration. (bb) The prior receipt by the title insurance company of written consent of any party holding a lien on the Living Unit. (cc) The prior receipt by the title insurance company of such sworn construction statements, lists of subcontractors, lien waivers and receipts as it shall determine to be appropriate. Disbursement may be by periodic or progress payments, and the title insurance company may make such inspections and withhold such payments as it deems necessary to insure completion in compliance with the plans and specifications. The title insurance company shall be entitled to charge, and the Owner of the damaged or destroyed Living Unit shall pay, a reasonable fee for the services rendered by the title insurance company. (dd) If a contract is entered into under Section 3(b)(ii), the written consent of the Owner to the disbursement. (v) If a restoration contract is, for any reason, not entered into under the provisions of Sections 3(b)(ii) and (iii) within one hundred eighty (180) days after deposit of the insurance proceeds for a destroyed or damaged Living Unit with the title insurance company, the title insurance company shall disburse the insurance proceeds to the Owner and each Mortgagee of the Lot, as their interests may appear. (vi) Nothing contained in this Section 3(b) shall be construed to make the first Mortgagee or any other person other than the Owner of the destroyed or damaged Living Unit responsible for collection or noncollection of any insurance proceeds. Such first Mortgagee or other 4 persons shaH be responsible only for the insurance proceeds which come into their hands. The Owner of the destroyed or damaged Living Unit shaH collect or cause to be collected from the insurance carrier involved, the proceeds of the policy covering his Living Unit for deposit with the title insurance company as aforesaid. (c) Waiver of Subrogation. To the extent permitted by the standard Minnesota form of fire and extended coverage insurance with all-risk endorsements and to the extent benefits are paid under such a policy, the Owner of each Lot or Living Unit upon the Property does hereby release the Owner of the adjoining Lot or Living Unit from all claims for damage or destruction of their respective physical properties if such damage or destruction is covered by the standard Minnesota form of fire and extended coverage insurance. (d) Priority Over Insurance Proceeds. No provision contained in this Declaration shall be construed to give, nor shall any Owner have, priority over any first Mortgagee with respect to the distribution for or on behalf of any Lot of any insurance proceeds. The distribution of insurance proceeds for any reason whatsoever shall be made to the Owner only after securing in each individual case the specific consent to such distribution by the first Mortgagee of the Lot. 4. PARTY WALL. (a) General Rules of Law to Apply. Each wall which is built as part of the original construction of any Living Unit on the Prvp"';j and which is used as a wall in connection with the construction of any other Living Unit, shall constitute a party wall, and to the extent not inconsistent with the provisions of this Section 4, the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply thereto. (b) Share of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be paid equally by the Owners who are using the wall at the time of completion of such repair and maintenance. (c) Destruction or Damage. If a party waH is destroyed or damaged by any cause, any Owner who has use for the wall may restore it, and shall have an easement upon the adjoining Living Unit for such restoration. If any other Owner thereafter makes use of the wall, he shall contribute to the cost of restoration in proportion to such use without prejudice, however, to the right of the Owner making the restoration to call for a larger contribution from the other under any rule regarding liability for negligent or willful acts or omissions. ( d) Weatherproofing. Notwithstanding any other provision contained in this 5 Section 4, any Owner who, by negligent or willful act, causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements and repairing any resulting damage. (e) Right to Contribution Runs With the Land. The right of any Owner to contribution from any other Owner under this Section 4 shall be appurtenant to the Lot and shall pass to such Owner's successors in title. 5. ARCHITECTURAL CONTROL. (a) Restrictions Applicable to Replacement and Restoration. The Owner of a Living Unit shall replace or repair the exterior components of his Living Unit with similar components of the same design, quality. and color, and shall paint or stain the exterior of his Living Unit with paint or stain of the same quality and color of the existing exterior. Such Owner may not, either in the course of ordinary replacement, remodeling or restoration after damage or destruction, employ different siding or roofing material or a different color scheme without the consent of the Owner of the adjoining Living Unit. (b) Restrictions Applicable to Exterior Improvements. Except for improvements or alterations by the Declarant or a successor developer, no building, fence, wall, walkway, patio or other structure shall be commenced, erected or maintained upon any Lot; nor shall any exterior addition, change or alteration be made to any Living Unit; nor shall any shrubs, trees or bushes be placed within a Lot or any thing of a permanent nature be placed, planted or constructed within a Lot, exterior to the Living Unit thereon, until the plans and specifications showing the nature, kind, shape, height, materials and location of the same have been submitted to, and approved in writing as to harmony of external design and location in relation to the surrounding structures and topography by, the Owner of the adjoining Living Unit. If the Owner of the adjoining Living Unit fails to approve or disapprove the design and location within thirty (30) days after submission of the plans and specifications to him, or in the event that no action to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Section 5(b) shall be deemed to have been fully complied with. The prevailing party in an action brought by the Owner of the adjoining Living Unit under this Section 5(b) shall be entitled to recover from the other party reasonable attorney's fees and costs incurred in connection therewith. (c) Commencement of Action to Enjoin Addition or Change. The failure to submit plans and specifications to the Owner of the adjoining Living Unit under Section 5(b) shall constitute grounds for an action to enjoin any such addition, alteration or change, provided that the action for injunctive relief is commenced prior to the completion of the addition, alteration or change. 6 6. EXTERIOR MAINTENANCE. (a) General Maintenance Obligation. Each Owner shall maintain, in good condition and repair, his Lot and all exterior improvements thereon, including, but not limited to, the exterior building surfaces, roofs, gutters, downspouts, walkways, driveways, patios, fences and individual utility installations on or serving his Living Unit. If an Owner fails to perform his obligations under this Section 6(a), or if the need for repair or maintenance is caused by the negligent or willful acts or omissions of the Owner, and upon ten (10) days written notice to such Owner, the Owner of the adjoining Living Unit shall have the right, but not the obligation, to enter the Living Unit of the defaulting Owner and make or perform the repairs or maintenance. In such event, the defaulting Owner shall immediately reimburse the Owner of the adjoining Living Unit for all amounts expended or incurred in making the repairs or maintenance, together with reasonable attorney's fees and costs of collection thereof. (b) Common Utilities Maintenance Obligation. If any of the Lots are served by common utility lines, the cost of the reasonable repair, maintenance and restoration of such common utility lines shall be shared equally by the Owners of the benefitted Lots. If any common utility line needs repair or maintenance and any Owner fails or refuses to participate in the cost thereof, any other Owner shall have the right, but not the obligation, after reasonable notice to such Owner, to enter upon and make or perform the necessary inspection, repairs and maintenance to the common utility line. In such event, the Owner making or performing the inspection, repairs or maintenance shall be entitled to contribution from any nonparticipating Owner for the proportionate share of the amount expended or incurred therefor, together with reasonable attorney's fees and costs of collection thereof. (c) Access for Emergency Repairs. In case of an emergency originating in or threatening any Lot or Living Unit, the Owner of the adjoining Living Unit shall have an immediate right of entry onto the Lot or Living Unit of the other Owner. The Owner of the adjoining Living Unit, in making such entry onto such Lot or Living Unit, shall use reasonable care to avoid unnecessary damage to the entered Lot or Living Unit. Any cost or expense incurred to remove the emergency condition shall be the obligation of the Owner of the entered Lot or Living Unit, who shall indemnify and hold the entering Owner harmless from any and all liability therefor. All such entries shall be made and done so as to cause as little inconvenience as possible to the Owner of the entered Lot or Living Unit. 7. EASEMENTS AND RIGHT OF LATERAL SUPPORT. (a) Unintentional Encroachment Easement. If the centerline of the party wall between the Living Units is not coincident with the dividing line between the Lots upon which the Living Units are constructed for the length of the party wall, or if any other portions of a Living Unit encroach upon the adjoining Lot because of settling or shifting of the building or other 7 cause, then the Owner of the Lot with the encroaching Living Unit shall have an easement over the adjoining Lot for such encroachment so long as the encroachment shall exist. (b) Utility Easement. The title of each Owner to his Lot shall be subject to an easement for any common utility installations to the extent they encroach upon his Lot, and each Owner shall have an appurtenailt easement for any common utility installations, including maintenance of such installations, to the extent they encroach upon adjoining Lots. (c) Owner's Right of Lateral Support. Each Owner shall have the right to lateral support for the Living Unit on his Lot. (d) Duration of Easements and Owner's Rights. The easements and rights of lateral support created hereby shall be appurtenailt to and pass with the title to each Lot. (e) Restoration Obligation. AIl inspections, repairs or maintenailce to the utility systems on the Property shall be made or performed so as to J11inimi7e damage to the Lots, which shall be restored to their original condition promptly upon completion of the work by the Owner causing the damage. 8. BUILDING AND USE RESTRICTIONS. (a) Residential Use. Each Lot shall be used for residential purposes only, except the Declarant may maintain a model Living Unit and management and sales offices on the Property. (b) Animals and Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats and other household pets may be kept, if they are not kept, bred or maintained for any commercial purpose. (c) Signs. No sign of any kind shall be displayed to the public view on any Lot, except a "For Sale" or "For Rent" sign may be displayed, and the Declarant may maintain such signs as it deems appropriate to advertise the Property for marketing purposes. (d) Storage or Disposal of Garbage. Garbage, rubbish and trash shall not be kept on a Lot except in sanitary containers. All incinerators or other equipment used or kept for the storage or disposal of such material shall be kept in a clean and sanitary condition. (e) hnproper Activities. Nothing shall be done or kept on any Lot to increase the rate of insurance on any adjoining Lot. Noxious, destructive or offensive 8 activity or any activity constituting a nuisance shall not be carried on in an Lot. Each Owner shall refrain from any act or use of his Lot which would cause unreasonable embarrassment, discomfort or annoyance to the other Owners. (t) Unauthorized Residences. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other building shall be used on either Lot at any time as a residence, either temporarily or permanently. (g) Improvements. No improvement or structure whatsoever, other than the Living Units and any garage, fence, patio, walkway, driveway or other structure accessory to the Living Units as originally constructed or as approved under Section 5 may be erected, placed or maintained on the Lots. The term "improvement" shall include, but not be limited to, exterior modifications to a Lot, the exterior lighting of a Lot, exterior art work and sculptures placed on a Lot, and the painting of any part of a Lot. (h) Exterior Storage. All sporting equipment, toys, outdoor cooking equipment (except permanent installations), and other equipment and supplies necessary or convenient to residential living shall be enclosed or shall be screened from view. No Lot shall be used for the storage or materials not customary to, or necessary and convenient for, residential living . Exterior antenna shall not be placed on any Lot without the approval of the Owner of the adjoining Living Unit. 9. GENERAL PROVISIONS. (a) Mechanic's Liens. Each Owner agrees to indemnify and hold the Owner of the adjoining Living Unit harmless from any mechanic's liens arising from work done or material supplied to make repairs, replacements or improvements on the Lot or Living Unit for which such Owner is responsible. (b) Duration of Covenants. These covenants shall run with and bind the Property and shall inure to the benefit of, and be enforceable by, the Owner of any Lot subject to this Declaration, and his respective heirs, devisees, legal representatives, successors and assigns, for a term of twenty (20) years from the date this Declaration is fIled for record with the Scott County Registrar of Titles, after which time these Covenants shall be automatically renewed for successive periods of ten (10) years. (c) Amendment. This Declaration may be amended with the written approval of at least sixty-seven percent (67%) of the Owners and first Mortgagees and, if still an Owner, the Declarant. Any amendment to this Declaration shall be made in recordable form and shall be effective on the date that a duly executed copy thereof is fIled for record with the Scott County Registrar of Titles. 9 (d) Enforcement. Any Owner shall have the right to enforce these Covenants by any proceeding at law or in equity, or both, against any person violating or attempting to violate the Covenants to restrain such violation and recover damages resulting from such violation. The failure of an Owner to enforce these Covenants shall not be waiver of the right to do so thereafter. (e) Lien Rights. Any Owner who claims a right to a contribution or reimbursement for repair, maintenance, restoration or protection of the Lot or Living Unit of another Owner shall have a lien on any Lot benefitted by such repair, maintenance, restoration or protection from the date of filing for record a Notice of Lis Pendens describing the claim and the benefitted Lots. However, no lien shall be effective against any bona fide purchaser or lienor for value of any such Lot who fIles for record his conveyance or the document evidencing his lien prior to the fIling for record of the Notice of Lis Pendens. The lien created by this Section 9(e) may be foreclosed in a like manner as a foreclosure by action of a mortgage on real property. (t) Miscellaneous. The singular may be read as the plural, and plural may be read as singular, wherever appropriate, and unless the context indicates to the contrary. (g) Gender. The masculine gender may be read as the feminine gender or as the neuter gender, wherever appropriate, and unless the context indicates to the contrary . (h) Joint and Several Liability. The obligations of the Owners of any Lot shall be joint and several, except where the context otherwise requires. (i) Captions. The captions are inserted only for convenience and reference and do not defme, limit or describe the scope of this Declaration or the intent of any provisions thereof. G) Severability. The invalidation of any provision this Declaration shall not effect any of the other provisions herein, which shall remain in full force and effect. EXECUTED IN WITNESS HEREOF this _ day of ,2002. DEAN L. RUX BRENDA K. RUX KELLY M. RUX 10 STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of , 2002, by Dean L. Rux and Brenda K. Rux, husband and wife. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _ day of ,2002, by Kelly M. Rux, single. Notary Public This instrument was drafted by: HUEMOPT T p~ & BATES 16670 Franklin Trail Prior Lake, MN 55372 11 fILE COpy July 9, 2002 Dean L. Rux 5609 Huron Street SE Prior Lake, MN 55372 RE: Administrative Lot Subdivision Application Dear Mr. Rux: The City Attorney has reviewed and approved the party wall agreement for the property at 5609 Huron Street SE. The following steps must still be completed before this subdivision can be approved: 1. A building permit has been issued for the common wall. 2. Each of the 2 dwellings is served separately by public utilities, none of which are shared. In order to accomplish this, you must tap services into both the sanitary sewer and water main in accordance with City standards. A connection permit must be obtained by the contractor installing the services. Please be advised that we will not approve the deeds subdividing this property until these steps have been completed. Once we have approved the deeds, you may record these deeds with Scott County. Thank you for your attention to this matter. If you have any questions, please contact me at 952-447-4230. Sincerely, .J!. ~Q./)~ U ~~ne ~ansier, AICP Planning Coordinator cc: DRC Members 1:\02fi1es\02adplat\rux\app steps3.doc Page 1 16200 Eagle Creek Ave. S,E.. Prior Lake, Minnesota 55372-1714 1 Ph, (952) 447-4230 1 Fax (952) 447-4245 AN EQL:AL OPPORTUNIlY' EMPLOYER Jane Kansier From: Sent: To: Cc: Subject: Bob Hutchins Wednesday, July 17, 2002 9:23 AM Jane Kansier Larry Poppler Dean Rux subdivision applicatIon Jane. Dean Rux has obtained a building permit to reconstruct the common wall at his residence at 5609 Huron st. He has not yet applied for a sewer and water permit to supply separate services to each unit. Bob 1 f\LE COPl September 12, 2002 Dean L. Rux 5609 Huron Street SE Prior Lake, MN 55372 RE: Administrative Lot Subdivision Application Dear Mr. Rux: On July 9, 2002, I sent you a letter notifying you of the required steps to be taken before the proposed administrative subdivision could be approved. These steps included: 1. A building permit has been issued for the common wall. 2, Each of the 2 dwellings is served separately by public utilities, none of which are shared. In order to accomplish this, you must tap services into both the sanitary sewer and water main in accordance with City standards. A connection permit must be obtained by the contractor installing the services. On July 17, 2002, I was informed that you had received the necessary building permit for the common wall. This still leaves step number 2 unresolved. Please be advised that we will not approve the deeds subdividing this property until this step has been completed. Once we have approved the deeds, you may record these deeds with Scott County. We have had no communication from you since July. . Please provide me with an update on your progress as soon as possible. If this matter is not resolved within 30 days of the date of this letter, I will conclude you are no longer interested in subdividing this property and close the file. Thank you for your attention to this matter. If you have any questions, please contact me at 952-447-4230. Sincerely, ~/1 . ~C'l~ U ~~~:_~ansier, AICP Planning Coordinator cc: DRC Members 1:\02files\02adplat\rux\reminder4.doc Page 1 16200 Eagie Creek Ave, S,E,. Prior Lake, Minnesota 55372-1714 1 Ph, (952) 447-4230 1 Fax (952) 447-4245 AN EQlJAL OPPORTUNITY EMPLOYER December 5, 2002 Mr. Dean Rux 5609 Huron Street SE Prior Lake, MN 55372 Re: Meeting Confirmation Dear Mr. Rux: To confirm our telephone conversation on today's date, a meeting has been set for Tuesday, December 10th at 3:30pm at City Hall in order to further discuss the options available in splitting your property. The meeting participants will include yourself, City Manager Frank Boyles, Planning Coordinator Jane Kansier, and City Engineer Susan McDermott. Please let me know if you need anything further. , Kelly Meyer, Ex;litive Secretary cc:~ ~ Jane Ka~~ .--Fi'aIlk. l:loyJes 16200 Eagle Creek Ave, S,E" Prior Lake, Minnesota 55372-1714 1 Ph, (952) 447-4230 1 Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ************************************************************************************** J'ARTY WALL AGREEMENT THIS AGREEMENT, effective this Kelty M Rux, day of . 2002, by and between, and B-EClTALS A. Dean L Rux, Brenda K Rux, and Kelty M Rux is the owner of a twinhome located on adjoining parcels ofland in Scott County, Minnesota, legalty described as foltows: PARCEL A: see attached legal PARCEL B: see attached tegal B, Kelty M Rux wilt assume from, the split of the ~._~_.;/, Dean L Rux and Brenda K Rux, C, The twinhomes has as part of its construction on the dividing line between Parcels A and B, a wall which shalt constitute a Party Wall and which is common to the twinbornes ("Party Wall"), NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: I, ~tion of Partv Wall. The wall described in Recital C herof shall constitute a Party Wall and the owners ofParcets A and B shalt be entitled to the use of the Party Wall to such extent as may be necessary in connection whit the use and enjoyment of their respective parcels, 2, Reoair of Rebuildim.. In the event it becomes necessary to repair or rebuild the whole or any part of the Party Wall, such expense shall be born equally by the parties, Provided, however, the parties shall be responsible for maintaining and repairing the finished interior surface on their side of the Party Wall. Repair or rebuilding of the Party Wall shall be on the same location as the original wall and shall be of the same or similar materials that were used in the construction of the original wall. 3, A rbitration., Any controversy that may arise between the parties with respect to the necessity for, or the cost of repairs or rebuilding, or with respect to any other rights or liabilities of the parties under this Agreement, shalt be submitted to binding arbitration under the jurisdiction of the American Arbitration Association venued in Minneapolis, Minnesota, 4, Bindin.. Effect.. The benefits and obligations of this Agr .0mO... shall run with the land and shall bind the respective parties to this Agreement, their heirs, successors, personal representatives and assigns, Dean L Rux Brenda K Rux Kelly M Rux STATE OF MINNESOTA COUNTY OF SCOTT The foregoing instrument was acknowledged before me this Dean L Rux and Brenda K Rux" Notary Public STATE OF MINNESOTA COUNTY OF SCOTT The foregoing instrument was acknowledged before me this Kelly M Rux, Notary Public day of 2002 by day of 2002 by FilE COPY Memorandum TO: FROM: DATE: RE: Janet Ringberg Jane Kansier, Planning Coordinator ~ December 17, 2002 U Refund of Application Fee Please process a refund for the filing fee of$175.00 for an application to subdivide property (Account #34103). This application cannot be approved. The refund should be payable to Dean L. Rux. If you return the check to me before December 31, 2002, I will return it to Mr. Rux with a letter of explanation. Thank you for your help. Please let me know if you have any questions. 1:102fi1esl02adplatlruxlrefund memo,doc Glacier Page 1 of I Jane Kansier From: Frank Boyles Sent: Tuesday, December 10, 2002 5:44 PM To: Jack Haugen Cc: Bill O'Rourke; Bud Osmundson Subject: Dean Rux and Randy Simpson Jane,Sue Bob and I met with Dean this afternoon. He said he had decided not to move ahead with his project because of cost of sewer and water. He had some suggestions for how we might improve the process. We confirmed that he had received two letters as early as April of this year telling him about the sewer and water issue. We talked about how the language might be modified without being blunt. I the end he said that staff had treated him right. He said he is moving within the community and I asked him to contact us if we could be of help. Jane suggested we reimburse his $175 fee. We all acknowledged that the city had well over four times this amount in this project but maybe this gesture would be appreciated particularly at this time of year. We met with Randy and offered him some additional alternatives and their advantages, It was clear that none of the alternatives were acceptable to him. He asked us to redesignate the road as park. I told him we could not since that would require vacation of the road, To vacate a road the council must find that it has no public purpose. Since this is the primary north lake access for the public we could not make such a finding. He said then we better maintain it like a road. I told him I would contact Bud and see what we could do. He said people illegally park there. I told him that he should call 911 and that I would also advise Bill. By copy of this e-mail I am advising Bud and Bill. Frank Frank Boyles City Manager CITY OF PRIOR LAKE 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Direct Dial: (952) 447~9801 Fax: (952) 447-4245 2/19/2003