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Home My WebLink About03-101 Snell Land Conveyance JODI J. LANGHORST LAW OFFICE AND DISPUTE RESOLUTION SERVICES 16186 MAIN AVENUE SE PRIOR LAKE, MN 55372 QUALu< 1J:!lJ NEUTRAL FOR MEDIATIONS AND ARBITRATIONS TELEPHONE: 952-226-1220 FACSIMll.E: 952-226-1219 E-MAIL: J1anghorst@Tntegramline.oom TOLL 1'KJ:!Jj: 877-721-0009 August 19, 2003 LICENSED TO PRACfICE IN MINNESOTA AND WISCONSIN City of Prior Lake Attention: City Council Members 16200 Eagle Creek Blvd. SE Prior Lake, MN 55372 RE: Marie Snell Metes and Bounds Conveyance Application Dear City Council Members: I have been retained to represent Marie Snell with regard to her request to the City of Prior Lake to divide her current property so she may sell a portion of it to Larry Shephard. Mr. Shepard resides in Ms. Snell's rental property located at 5310 Credit River Rd. in Prior Lake. Many years ago, Ms. Snell and her husband lived in that home, but eventually built their current residence located next door at 5290 Credit River Rd., where Ms. Snell presently resides. For many years Mr. Shephard has rented the home owned by Ms. Snell and she would very much like to sell the home to him as long as she remains in good health. He has been very good to her over the years and she would like to make sure he is allowed to purchase the property. Ple~se find enclosed for your review and consideration the following: 1. Land Subdivision Application; 2. Metes and Bounds Conveyance Application Checklist; and 3. $150.00 filing fee. Valley Surveying will be preparing the legal descriptions and submitting directly to Jane Kansier the 10 full-scale copies of the certificate of survey for the existing and proposed lot lines and current structures locations for the property at issue. If you have questions or concerns, don't hesitate to contact me. My client and I will both plan to be present at the City Council meeting when this matter will be addressed. Thank you for your consideration to this request. AUG213m , ; ! I" U Ul._. --"'-', ,-.j-/' ~,_.- Planning Case File No. Property Identification No. ()j- It) 1 City of Prior Lake LAND SUBDIVISION APPLICATION - ~ Lo. rlA-M 0 y.r:,"tj a {:fIJV(1 fy, 011 lYha I ~ tYkA..v,' eU ~ t'1 ~ / I G~(,jo (:yealr ((/ vet'" kA. 4th- -3D03 (home) ~l9-I;rdD (~I~) :Jotlj Property Owners (if different than applicant): cJB((lW.1 Address: ~i" ~4.it1 ave 5C Telephone: _ (home) Type of Ownership: Ikr' Fee Type of Application o Concept Plan o Preliminary Plat o Final Plat o Combination of Preliminary and Final Plat o CIC Plat o Modification to Approved Final Plat o Administrative Land Subdivision o "Registered Land Survey u;r' Metes & Bounds Subdivision (Request for Council Waiver) r Variance to Subdivision Ordinance o Other Applicant: Address: Telephone: Brief description of proposed project (Please describe the proposed amendment, project, or variance request Attached additional sheets if necessary). May, p Sne I \ () kl ()~ d 11 0 M rc. ITh 7."f ::i(!Ylc. -'5).~D .... 53)fLf!r.t'dit- R,V(J"" ~. Ghe j...uu; rfrl+v;{ 63)0 -6J,..- fkaJ"l~r5 'r W ALL+=> ~I ~ i-a~rml -In h~r rPnter. ~~- -\n 11 laX r 1lf1)JJ [ tJtttbt, ,t.L~ 1) -R ~P( h y' -f!A1 S-LlA 't ~ c, I J>dfYhl. IJF. fJ. UvI::L (work) (fax) f6IJY Lab ;;.,.~-/,;ro (work) o Contract for Deed Engineer/Surveyor: l/,-, lev.. .. S (,{ r V ~'1 ; {ll1 Address: 1~/1'7f) PYl' "''VI n ft;1l; J e:,.eJ . Telephone: 1./t./7 - ;'C:;70 . (office) (fax) o Purchase Agreement S" (.t.( f-e 0l3o f WCf (fax) Legal Description of Property (Attach additional sheets if necessary): 5ee aihr},ed I I To the best of my knowledge the information provided in this application and other material submitted is correct. In addition, I have read he relevant sections of the Prior Lake Ordinance and procedural guidelines, and understand that ap~atinl no e processed until deemed complete by the Planning Director ,~r assignee. (~~ /IL#/tJ {J.t- p- /q - dVa:S ~;~ /t~? f:n.€ f ~ Date - , Fee Owner's Signature Date ~ / I q () ~ ADDITIONAL PROJECT INFORMATION Will the developers reQllesffinancial assistance from the City? ,DYes ~ N,o If.yes,.please,'describe,.thealllourttandtype'of.assistancerequested(attach'additional pages if.rtecessary); 1 :\handouts\200 1 handouts\subdivisions\subdivision app.doc . JUj 2.i3IlL ; " , I "I \ U ~ " " ,I I UL_.... __...._.___ ---lL//' I I i. " I METES AND BOUNDS CONVEYANCE APPLICATION CHECKLIST PROPERTY ADDRESS: DEVELOPER: ~c,o + ~~)O CndiJ- RiVt/Rd fl.(d4 For City Use Only 1. A complete Land Subdivision Application form, signed by the applicant and the fee owner of the property. 2 . Ten (10) full-scale copies and one 11" by 17" reduction of the certificate ~ &.< pv f) V,' k,., b~ V ~ S~~ of survey identifying the existing and proposed lot lines, as well as any (j existing structures on the lot and the setbacks from the current and proposed lot lines. 3. A written statement identifying the hardship involved and stating how the proposed conveyance will not interfere with the purposes of the Subdivision Ordinance. ~ 1 ~. ..... .~. . ..~ ---- CITY OF PRIOR LAKE 16200 EAGLE CREEK AVE SE PRIOR LAKE, MN 55372 (952) 447-4230, FAX (952) 447-4245 RECEIPT # 45035 DATEL .4t(fc?l ' Q-=3 Received of ~~fh- StIlUL-- - . .., ~ the sum of ~- '1./YLd~ d1 M W /-w I v() / e for the purpose of dollars . -' - " .. 0Up1 re.-- 1* '-1U~ V- fY!l,u4h- ~tt.f.u;l~ { ~U -tt:- O~-Io I - f) $ /J{)I(}() Invoice # '- .. Prior Lake / /,--:.~~.-:, "// ! 2- J3- ~... ... -'a. ~~ .. - d~ ~ I : Ii \,.' I\, M'21all3 b~~ I"~' 5 ~ (;X_A.j\.Jl~ ;/j i t...; /)) '-0 - - - - ,- - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - ABSTF:.c'\.CT OF TITLE TO 1- All that ~rt of the Southwast Quarter (swi) of Section One (lL Township One hundred and fourteen (114), Range Twenty two (22), described as follows; Commencing at the Northeast (NE) corner of sa.id Southwest Quarter (3Vft), thence running South on the East line of said Southwest Quar..ter (SW~) to the intersection of the North right of way line of the Chicago, Milwaukee and St. Pa.ul, (formerly Ha.stings and Dakota) Railroad Company, thence running Northwesterly along se.id re.i1roa.d right of way to a point, which point is located seven hundred and ~,enty (720) feet Southeasterly of the intersection of said ra.ilroa.d right of way with the North line of the said Southwest Quarter (S1fi), thence Northea.sterly to a point on the North line of said Southwest Quarter (sW4L which point is nine hundred (900) feet East of the point ai' intersection of the North right of way line of' said railroe.d end the Horth line of the Southwest Quarter (SW~), thence East to the plaoe of beginning. All that part of th e West one half (W~.) of West one half (VI?;;) of Southeast Quarter (SSi') of Section One (1), Tovvn:hip One hundred and fourteen (114), Range Twenty two (22), lying North of the right of way of t he Chicago, Milwaukee and St. Paul ~ (formerly Hastings and. Dakota) Railroad Com~ny, subjeot to th~ highway over and, aoro ss said laro. All the above land lying and being in Scott County, Minnesota~.' Uni ted States to Peter Corrigan PATENT Dated June 16, 1656 F'iled February 28, 1899 Recorded in Book A2 of Deeds on page 186 SW~ of Sec. 1, Twp. 114, R~~. 22. Peter Corrigan ani wi fa Ann to David L. How end. 1 H. B. Strait HORTGAGE Dated Novem'l)er 15, Filed November 15, RecordAri i", p""l~ G _ ~ "f.1t, 1870 1870 Scott County Page 1 of 1 259010150 l~ 116740 r - 161115 168)1 Snell Property 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 discrepeancies are found, please contact the Scott County Surveyors Office. ~ w.' II a4I August 19, 2003 http://www.co.scott.mn.us/servlet/com.esri.esrimap.Esrimap?ServiceN ame=overview&Cli... 8/19/2003 Scott County Page 1 of 1 259010150 l 1 16731 1117<<l 1'-""- -1678!i' .::.:J 2S 1010(81 IlOO:I 18!l11 253150010 !l9!Kl 11216 I023ft Snell Property 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 dlscrepeancles are found, please contact the Scott County Surveyors Office. YS:ott + tdfI August 19, 2003 http://www.co.scott.mn.us/servlet/com.esri.esrimap.Esrimap ?ServiceN ame=overview &Cli... 8/19/2003 Scott County Page 1 of 1 J.!!;ll!8_ 111l!111 t_ 5.001 5311 J 111313 527lI ~ 531Q B3:JJ llo"-''' Q. -18215- 16293 11W7 1li3Zl I 252990680 !Dl1 ",50210336 5120 259010210 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 discrepeancles are found, please contact the Scott County Surveyors Office. ~ lil td8 August 19, 2003 http://www.co.scott.mn.us/servlet/com.esri.esrimap.Esrimap ?ServiceN ame=overview &Cli... 8/19/2003 Scott County IlCJBl .1g_ lD:lO 11113111 250230100 5120 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 discrepeancles are found, please contact the Scott County Surveyors Office. 4l1215- 16293 IIl:il:l7 II1l321 I 250210330 Page 1 of 1 252990680 a4& August 19, 2003 http://www.co.scott.mn.us/servletlcom.esri.esrimap.Esrimap?ServiceN ame=overview &Cli... 8/19/2003 II1l3!l11 II1l388 IIl39!l IIl400 1&t08 18C28 18G5 1&01 16m 544ICl SMl 16$(7 1&WO 18441 259010210 r&ou + Property Search Results Page 1 of2 Scott County Property Information Search Results General Property Information Property ID: Roll Type: Payable Year: Owner Name: Property Address: City/State/Zip: Taxpayer Name: Taxpayer Mailing Address: House Address: City/State/Zip: 25-901021-0 Real Estate 2004 SNELL,MARIE SNELL,MARIE 5290 CREDIT RIVER RD SE PRIOR LAKE MN 55372 Legal Description Information Lot/Block/Plat# : Section/Township/Range: Deeded Acres: Legal Description: 01 114 022 44.70 SECT-01 TWP-114 RNG-022 W1/2 SE1/4 Miscellaneous Information School District: Taxing District Code: Taxing District Name: 719 2002 PRIOR LAKE CITY http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi_isapi.dll?RowCount=20&currPage= 1 &Co... 8/19/2003 Property Search Results Valuation &. Tax Information Estimated Market Value of Land: Estimated Market Value of Building: Estimated Market Value Total: Total Net Taxes for Current Year: Total Special Assessments Due for Current Tax Year: Total Net Tax plus Special Assessments: Outstanding Special Assessments: Payments: Green Acres: Ag Preserve: Tax Classifications Property Type: Homestead Status: Exempt Status: Sales Information Building Characterstics Page 2 of2 $67,100 $0 $67,100 $0.00 $0.00 $0.00 $0.00 $0.00 Y AGRICULTURAL Y N/A N/A Main Menu I Prooertv ID Search I Prooertv Address Search Owner Name Search I Leaal Descriotion Search http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi_isapi.dll?RowCount=20&currPage= 1 &Co... 8/19/2003 Property Search Results Page 1 of3 ~.-.1 Scott County Property Information Search Results General Property Information Property ID: Roll Type: Payable Year: Owner Name: Property Address: City/State/Zip: Taxpayer Name: Taxpayer Mailing Address: House Address: City/State/Zip: 25-901011-0 Rea I Estate 2004 SNELL,MARIE 5310 CREDIT RIVER RD SE PRIOR LAKE MN 55372 SNELL,MARIE 5290 CREDIT RIVER RD SE PRIOR LAKE MN 55372 Legal Description Information LotjBlock/Plat# : Section/Townsh ip/Range: Deeded Acres: Legal Description: 01 114 022 6.68 SECT-01 TWP-114 RNG-022 8.10A N OF Miscellaneous Information School District: Taxing District Code: Taxing District Name: 719 2002 PRIOR LAKE CITY http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi_isapi.dll?IdcService=SC _ PROPERTYT A... 8/19/2003 Property Search Results Valuation &. Tax Information Estimated Market Value of Land: Estimated Market Value of Building: Estimated Market Value Total: Total Net Taxes for Current Year: Total Special Assessments Due for Current Tax Year: Total Net Tax plus Special Assessments: Outstanding Special Assessments: Payments: Green Acres: Ag Preserve: Tax Classifications Property Type: Homestead Status: Exempt Status: Sales Information Building Characterstics Type: Year Built: Architectural Style: Foundation Size (Sq Ft): Garage Size (Sq Ft): Bedrooms: Bathrooms: Page 2 of3 $64,100 $133,500 $197,600 $0.00 $0.00 $0.00 $0.00 $0.00 Y AGRICULTURAL Y N/A RES 1985 RAMBLER 1,240 528 5 2.50 Main Menu I prooerty 10 Search I Prooertv Address Search http://www.co.scott.mn.us/intradoc-cgi/idc _ cgi_isapi.dll?ldcService=SC _PROPERTYT A... 8/19/2003 Property Search Results Page 3 of3 Owner Name Search I Leaal Descriotion Search http://www.co.scott.mn.us/intradoc-cgi/idc_ cgi _isapi.dll?ldcService=SC _PROPERTYT A... 8/19/2003 AONlNISlRA nlof: LOT SUIlOl\1S1ON PREPARED FOR: UNlIE SNEll. 15310 CREDIT Rl\of:R ROAD SE PRIOR LAKE.'" 55372 "" ----tIOO.oo...__ 13/:r ::J;) ,'\' ~3 ~/" ~_1_ E / . "'Ollr... t.ltt( Of" TH( IWI'. Of' 1."4_2l ----827.77 589'56'15'E--- foil CONN(III 01 TM( .W"':~:'7-_ ,. 1 I \--' ,-, L_ &.. ....""" I~ 0 C'/ :- " Ci,''J SNELL EXISTING PROPERTY DESCRIPTION AS PROVIDED: l ~ All dloa port of the South_ Quoner of Section I, T ownslup 114, Ranee 22. S- CouaIy. ~ , . _'. .. J oslOllows: C. II the _ comer of_ Soudl_ Quaner. thencel1lNli.. _ oa !he ... Ii.. of said Soudl_ Quarter to the i_ of the nonh "1I1"oO'cway Ii.. of the ChicoIo. Mil_ .... 51. PIlII, (fcxmaly Haslinp.... OU-) raibood Company; _........ ...,'" .,...;...... said roilrood ri,,"oOf-way 10 . ""II". _ poial is 1oca1Cd no.oo feel". _ "'. . of.... i ,....,'. . said roilroad rishl-of-way wilh the nonh .. of _ Sooth_ QuaIter; _ . "''''. 10. poial oa !he _ line of said Soudl_ Qua.- _ poUu is 900.00 feet ... of.... poial 01'",. . .,'. .. !he _ ri....-of_y line 01 said roilroad .... the nonh line 01 the SoulhwesI Quarter. ........ _ 10.... poial........... AAd all dial port 01 the W... ....wf of the West "",,-half of the SouthcosI 0-- . Section I. TOWlIIbip 114. IWIF 22. S- C-Y. ~ Iy.nl nonh of the rishl-of-y 01.. CIIicato. Mi_.... 51. Paul (fonncrly HasliJIp and OU-) roilrood .. ',', SuIIjocC.. the bi......y __.... __ IOidIaacL EXCEPTING 1lIEREFROM TIlE PROPERTY SOLD TO OONALO KLINGBalO: DClClJMENI' NUMBER III S20. DATED JULY S"' 1966. All dlatpanof!he n. " _, Quaner.Section I. Townslup 114. ~ 22. S-C-Y. H __ oslOllows: C, " .,;, "...s-heasl_oflOid Soudl_Quaner; thence_........_Iiao__ . _ of 1141.00 foet 10 !he __ ole.S.A.H. No. 12; .- _ 62 .... 31 .- W..._.IJ6.1S f<d: __"""']2 mi_ W..._.290.62 fool.... poial of r . :' " " _ conIi...... _ " ..... ]2 mi_ Wcsl . .-..- . 100.00 _ ........ _ J9.... 01 mi_ Eat. dislanco of 113.00 feet;........ SoudI".... 31__ Eosl. _ .100.00 feel; _ SoulIl J9"", 01 mi_ . _ .11l.00 faot.... poia& ........... DESCIUPT10N Of PROPERTY TO BE SOlD: llaI pan.the ~Quancr._ I. Townslup 114. ~ 22. S- C-Y. ~,', , _ . " " OS follows: C. ,. the _ __.1Oid Soudl_l,/uaner; thence Nord! 00.... 03 __ 42 -.ok Eat '" .. -.me...... the _Ii.. of _ Soudl_ Quartcr . .-..- .1140.23 _ ........ _ 62..... 31 ..i_OO...... W... dislanoe oflll.SI bl;"""" _".... J2 __ 00 -.ok Wesl . _ .390.62 feel 10 !he poial of Iqi.... ... _ .. be dcacrilIed;"""" Nord!)9..... 01_ 00 seconds Eosl. _ .11l.00 _........_ ".... 32 _00 __ W... _ of96.00 foe\;'- SoudI J9 ....01_ 00 -.ok W... _ of20H fool_ or Iaa 10 the northerly ript-of-..y 1iao.C-Y a-I No. 21;"""" , , ....Iy...... IOid _y ri....-of_y Ii.. 10 .... . '., ..,', _. 1iac .... _ ]9..... 01 mi..... 00 __ W.. &om the point of~ ........ _ J9 .... 01 _00 __ EosI . di_ of21 fool..... or...... the poial of.......... eo.itIiIII 20. 024 sq. II. - 0,4S9-' liFT PROPERTY AREA BEFORE SALE - Sl.osn ACRES NET PROPERTY AREA AnEll SALE - S2 S97S ACRES ~ 100 0 p.,_': -- lIooIo .. "f' 100 I foot . llEHOlES IRON WONUIlENT fOUND o llEHOlES IRON WONuWENT SET AND WNlI<ED BY _SOTA UCOlSE NO.10183 n N N :~ N O! 8 ~ . . b b ~ . i & w ~ . i ~ . 0 , w .. . . ~ ~ .. ~ .. . r .. -"\-.:,..:.Jc.. \...f....~.~.~, -', O""~. ~o. '-- .<~.-..~.-.,+O._;~.._.~.,. ~ ....~."o. "-.. '. s~;~..~:..: ............ " ........ .. (,'....( -'. ~'" '" .... --..;:<,"0; 1<?89 "~1 ~~ '--..... . ~..,~.v ~ ~Cc ~ r .. .. ~ i b .: . . , N i ~ .. s n . . o . ~ :11 "'8::: !; NORTH UN! OT TM( Will. Sli/4 Of' 1.114 .11 ~ --- 659.93 589' 56'I5'E u_ \ - VAUEY SUR\IE'I1NG co.. P.A, 10070 fRANKUN lRAIL SE SUITE 230 PRIOR LAKE. loiN 55372 (852) 447-2570 '", \ \ I uJ In 1tl in o 8 U) N . 0 . .. N i . . <t ~ 1tl r Ol , CO .. t- . .. ;J r; '-. ~t+,{ ~ jJL, I n.. au)' c:.-dfy that th..-A4ininitltfative Lot Subdlviaion WOI " ., I by me 0(' under my direct ..ponIoIon ond _ I om 0 duly Ucenood Lond 2,7{-~"'-- Uinnnota Uc.., No. 10183 Doted Ul.~ -&,--1--- . 200J FLE NO. 4811 BOOK 23ll PACE 71 SEP 2 2 2003 , )1 __...JL/' I I '~S[ CORkER OF TH[ SlWII4 Of' 1_114.22 CITY COUNCIL AGENDA REPORT 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: NOVEMBER 3, 2003 SG JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED IN SECTION 1, TOWNSHIP 114, RANGE 22 History: Marie Snell is the owner of approximately 53 acres of land located at 5290 and 5310 Credit River Road, which is on the northeast side of Credit River Road and CSAH 21. Donald Klingberg is the owner of a lot, approximately 0.32 acres in area, located at 5330 Credit River Road. This lot is surrounded by the Snell property. There are 3 houses located on the 2 existing parcels. Current Circumstances: Marie Snell is proposing to create a new lot consisting of22,398 square feet. This lot is the site of the existing house located 5310 Credit River Road. At the same time, Ms. Snell is proposing to add another 25' strip ofland to the north side of the existing Klingberg property. The remaining house will be located on 52.49 acres. This property is zoned R-1 (Low Density Residential). All of the existing homes are served by City sewer and water. The minimum lot area for parcels in the R -I District is 12,000 square feet. The Issues: The subdivision of unplatted land (lands described by metes and bounds) is regulated by Sections 1006.104 through 1006.106 of the City Subdivision Ordinance. These sections state the following: 1006.104 Convevance Bv Metes And Bounds. No division of one or more parcels in which the land conveyed is described by metes and bounds shall be recorded if the division is a subdivision, as defined by the Subdivision Ordinance. Building permits will be withheld for buildings or tracts that have been subdivided and conveyed by this method without City approval and the City may refuse to take over \:\03 files\03 adm plats\snelJ\snell cc.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 FISCAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: tracts as streets or roads or to improve, repair or maintain any such tracts. 1006.105 Exceptions. The provisions of Section 1006.104 do not apply where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred feet (500') in width for residential uses and least five (5) acres or larger in size for commercial and industrial uses. 1006.106 Council Resolution WaivinJ! Requirements. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply will not interfere with the purpose of this Section, the Council may waive such compliance by the adoption of a resolution to that effect and the conveyance may then be filed. The 53.06 acres ofland presently owned by Marie Snell presently includes 2 homes. This proposed subdivision will create a new lot for one of the existing homes. The proposal will also enlarge the existing Klingberg lot. The remaining 52.49 acre parcel will be the site of a single family dwelling. It is likely this parcel will be developed at some time in the future. At that time, the property must be platted and public services extended. With the development, the City will prepare a Development Contract and collect the appropriate development fees. Therefore, waiving the platting requirements at this time will not interfere with the purpose of the Subdivision Ordinance. Conclusion: The staff recommends the City Council waive the platting requirements and allow the property owner to create a lot for the home at 5310 Credit River Road and to convey a 25' strip ofland to the Mr. Klingberg. As a condition of approval, the property owners must submit a deed or a certificate of survey describing the entire combined parcels. BudJ!et Impact: There is no budget impact as a result of this proposal. The City Council has three alternatives: 1. Adopt a resolution waiving the platting requirements and allowing the property owner to create a new lot and to convey a 25' strip of land to the adjacent parcel, subject to the listed condition. 2. Deny the resolution and require the property be platted. 3. Defer this item and provide staff with specific direction. A motion and second to adopt a resolution waiving the platting requirement and allowing the property owner to create a new lot and to 1:\03 files\03 adm plats\snell\snell cc.doc Page 2 REVIEWED BY: convey a 25' strip ofland to the adjacent parcel, subject to the listed co~tion. h J ~JJrJ~ Frank ~Cit I M';"ger 1:\03 files\03 adm plats\sneJl\snell cc.doc Page 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 03-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL W AIVINGl1t.E PLATTING REQUIREMENTS AND ALLOWING IHE CONVEYANCE OF PROPERTY IN SECTION 1, TOWNSIDP 114, RANGE 22 MOTION BY: SECOND BY: WHEREAS: Marie Snell and Donald Klingberg are the owners of property located in Section 1, Township l14, Range 22; and WHEREAS: The property owners have asked the City Council to waive the platting requirements for this property and allow them to create a new lot and to convey a 25' strip ofland to the adjacent parcel; and WHEREAS: Future subdivision of the property will require platting and the extension of City services, including sewer and water; and WHEREAS: the City Council has found that waiving the platting requirements for this conveyance will not interfere with the purpose of the Subdivision Ordinance; and WHEREAS: the City Council has approved the conveyance of this property by metes and bounds. NOW, THEREFORE, BE IT RESOL YED BY T1t.E CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: I. The recitals set forth above are incorporated herein as if fully setforth. 2. The platting requirements are hereby waived. 3. The property owners may convey the property as shown on the survey attached as Exhibit A. 4. Conveyance of this property is subject to the condition that the property owners submit a deed or a certificate of survey describing the entire combined parcels. Passed and adopted this 3rd day of November, 2003. YES NO Haugen I Blomberg I LeMair Petersen Zieska Haugen Blomberg LeMair Petersen Zieska Frank Boyles, City Manager 1:\03 files\03 adm plats\sne1l\resolution.doc www.cityofpriorlake.com Page I Phone 952.447.4230 / Fax 952.447.4245 EXHIBIT A -! ~w fill ;gjal2 I!!\:I~ ii3i ~~ 1- )0 .. ~bJ ~ ' I 11 Hi, ' ii ~ :. ~!l' I; ~ ~d It if' t::r..." ~ ... ~ i~ ili~l~ U a t3 ;i tn I . 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Prior Lake, MN 55372-1714 RESOLUTION 03.183 RESOLUTION OF THE PRIOR LAKE CITY COUNCIL WAIVING THE PLATTING REQUIREMENTS AND ALLOWING THE CONVEYANCE OF PROPERTY IN SECTION 1, TOWNSHIP 114, RANGE 22 MOTION BY: BLOMBERG SECOND BY: LEMAIR WHEREAS: Marie Snell and Donald Klingberg are the owners of property located in Section 1 J Township 114, Range 22; and WHEREAS: The property owners have asked the City Council to waive the platting requirements for this property and allow them to create a new lot and to convey a 25' strip of land to the adjacent parcel; and WHEREAS: Future subdivision of the property will require platting and the extension of City services, including sewer and water.; and WHEREAS: the City Council has found that waiving the platting requirements for this conveyance will not interfere with the purpose of the Subdivision Ordinance; and WHEREAS: the City Council has approved the conveyance of this property by metes and bounds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully setforth. 2. The platting requirements are hereby waived. 3. The property owners may convey the property as shown on the survey attached as Exhibit A. 4. Conveyance of this property is subject to the condition that the property owners submit a deed or a certificate of survey describing the entire combined parcels. Passed and adopted this 3rd day of November, 2003. I I Haugen I Blomberg LeMair Petersen Zieska YES X X X X X NO Haugen Blomberg LeMair Petersen Zieska 'JJH= Frank Boyles, City Manager r:\resoluti\planres\2003\03-183.doc www.cityofpriorlake.com Page I Phone 952.447.4230 / Fax 952.447.4245 ,OUIT CLAIM DEED No delinquent taxes and transfer entered; Certificate of Real Estate Value U filed, U not required. Date County Auditor By: Deputy DEED TAX DUE: Date: (Reserved for Recording) Donald Klingberg and Mary Joyce Klingberg, grantors, for and in consideration of less than $500.00, hereby conveys and quit claims to Donald Klingberg and Mary Joyce Klingberg, grantees, the following described real estate in the County of Scott, in the State of Minnesota: See attached legal description on exhibit "A" incorporated herein, together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: none. Check if applicable: The seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not been changed since the last previously filed well disclosure certificate. Dated this 3- day of February, 2004 (Affix Deed Tax Stamp Here) STATE OF MINNESOTA COUNTY OF SCOTT This instrument was acknowledge before me on This -.!J- day of February, 2004 ~bv~ Notary Public / - , ~ _ a . _ ;,;;;;~-..Oi:1::" .f".f'.f"veJ'i~Y'-,") "I j ..<..:~~: . CAROLE A. BARTA ) :,.,..;"'. NOTARY PUBUC-M!"lNESC7,\ :.:~ .~~~~.., My Commission Expires Jan. ;1, ::-- ~,~""__.,,____,,,__,,-_.;11"-" __-__._ ~i ;J~ 1< { ("S IDO~ngberg, Grantor". . 0 \,)l~;~... v-L~ MaI)j IovrJ., Kalnp"l rg, G'r~ntor/ ~rN STI1A1' ~E1.AND SUBDIVISI CASE FILE# f') ~-I 0 , This application complies with the provisions of SectIon 1006.10 of the City Code of PrIor l..8k8. l!t\e~~~ hert1l>~_riJIl&tji~~orrens) _ Prior Lake. ~~~g,y d~'fi~JiiJ{ein should bese~~~~~. . 5330 Credit River Rd. SE, ~e, MN 55372 .. EXHIBIT " " A All t~at part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County. Minne~ota, descnbed as follows: Co~enciitg at the Southeast corner of said Southwest Quarter, thence North along the east line thereof a d1stam:e bf 1141.00 feet to the centerline of C.S.A.H. No. 12; thence North 62 degrees 31 minutes W~ a dlsta~ce ~f836.85 feet; thence North SO &6""''''; 32 minutes West a distance of29O.62 feet to the plmt of begmmng; thence continuing North SO de6"....s 32 minutes West a distance of 100.00 feet thence ~orth 39 degrees 08 minutes East a distance of 183.00 feet; thence South SO de&,......J 32 min~ East a .dl~ce of 100.00 feet; thence South 39 degrees 08 minutes a di.)ku.ce of 183.00 feet to the point ofbeglDmng. and All that part of the Southwest Quarter of Section 1, Township 114, Range 22. Scott County. Minnesota, described as folloWs: . Commencing at the Southeast comer of said Southwest Qua. ~"A, thence North 00 de6",......~ 03 minutes 42 seconds. East, ~ed bearing. along the east line of said Southwest Quarter a distance of 1140;23 feet; thence North 62 degrees 31 minutes West a distance of 838.58 feet; thence North 50 degrees 32 minutes 00 seconds West a distance of 390.62 f~; thence North 39 d~6"'''''.) 08 minutes 00 seconds East a distance of 183.00 feet to the point of beginning of the land to be described; thence continuing North 39 degrees 08 minutes 00 seconds East a distance of 25.00 feet; thence South SO degrees 32 miuw~...> 00 seconds East a distance of 100.00 feet; thence South 39 degrees 08 minutes 00 seconds West a distance of25.00 feet; thence North SO degrees 32 minutes 00 seconds West a distance of 100.00 feet to the point ofL...~nning. Containing 2,500 sq. ft. = 0.0574 acres. " WARRANTY DEED No delinquent taxes and transfer entered; Certificate of Real Estate ValueU filed, U not required. Date County Auditor By: Deputy DEED TAX DUE: Date: (Reserved for Recording) Marie Snell, grantor, for and in consideration of less than $500,00, hereby conveys and warrants to Donald Klingberg and Mary Joyce Klingberg, grantees, the following described real estate in the County of Scott, in the State of Minnesota: See attached legal description on exhibit "A" incorporated herein, together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: none. Check if applicable: The seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not been changed since the last previously filed well disclosure certificate. Dated this 13th day of January, 2004 7JL1b~ ~ /A1 L.Q~ Marie Snell, Grantor (Affix Deed Tax Stamp Here) STATE OF MINNESOTA COUNTY OF SCOTI This instrument was acknowledge before me on This 13th day of January, 2004 ADMINISTRATIVE CASE FILE# -D3 -~? SUBDIVISION Sect;ThiS ,application comolies with the . on 1ClQS.1n ~! th n; PIOVI~ ~18R8a 'fi altlOf'tli~ Ot~ (Torrens) Prior Lake. IS ereby apProved by the CIlv d - tat ments r t real property described herein should os,. . iberg~/ I tJf O~ ityS33B~~~~~ 55372 1\ · Ie'::"" JODI J. LANGHORST I _i""'~~. NOTARY PUBLIC-MINNESOTA '~,.....J MY COMMISSION EXPIRES 1-31.2005 "j..... .\NINV'>I'N~. " AlIUlaI part o:fthe Southwest Quarter of' Section I, Township i14, Range 22, Scdtt County, Minnesota, deseribed as mnows:,. . : . .. . C~me~jng ~t the Southeastcomtr of sa.id SOUth\vest Qoarler; ilienee North 00 degrees 0.3 mindtes 42 seconds East..assumed bearirig~ along tPt eas~ line of said SoUthwtst Quarter a di~cCofl J40.23 feel; thertce Nbnh 62 degrees 31 minutes weSt a distance of 838.58 feet; thence North 50 degrees 32' minutes 00 seconds West a distance of 390.62 feet; thence NOrth 39 degrees 08 minuteS'oo seconds East a distance t>f 183.00 feet to the'point of bCgina.iog of Ihe land tb be descri~ tlienc.e coriti~uing North 39: . . dqtees Q:8 minute$ 00 seConds ~t a distanCe of 25.00 feei;tbcocc,South, SO. degrees 32 miDUlcs 00 scconck ~ast a distance' of 100.00 feet; thence South 39: d'''b"t.w,) 08 mirluteS 00 se~itds.West a distance' of2S.00 :feet; 1hen~ North SO de6"~M.lt 32 minutes 00 s~dS West a distance of 100.00' feel to the point ofbepng. . '. . '. '. '.: '" . Codtaioiitg 2,500 s4. ft. = O.OS74 acres. EXHIBIT"A" AOMINISTRATIVELAND SUBDIVISION CASE FILE# r, :i-/OI This application complies with the provisions of ~on 1006.10 of the City Code of PrIor Lake Minnesota and Is hereby approved by the CIty'of Prior Lake. ~.~ Date: Z/lo/6l/ QClty of Prior Lake Planning Department . 1lu.o ~ ~} b- ~ (;'.~ 0"f.Q... P lOW \-h-. po.ru1 ~ t5' - q oI~z-o , No delinquent taxes and transfer entered; Certificate of Real Estate Value U filed, U not required. ,OUIT CLAIM DEED Date County Auditor By: Deputy DEED TAX DUE: Date: (Reserved for Recording) Marie Snell, grantor, for and in consideration of less than $500.00, hereby conveys and quit claims to Marie Snell, grantees, the following described real estate in the County of Scott, in the State of Minnesota: See attached legal description on exhibit "A" incorporated herein, together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: none. Check if applicable: The seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not been changed since the last previously filed well disclosure certificate. Dated ~ebruarx, 2004 ~I\NV" t ~ '~:'" JODI J. LANGHORST ~ ~:.,(, ~l NOT~.RY PUBUC.MINfJESOTA ~ ,,~;~::j' MY COMMISS10~ I::YPIRES 1.31.2005 ~ ~, '^"^"^^,,^,,,,IV'N'N'I''V'!~!V'N ~ (Af~ed Tax Stamp Here) STATE OF MINNESOTA COUNTY OF SCOTT This instrument was acknowledge before me on This ~ day of February, 2004 If; 11 U~ L~ ~() Mari~MtNISJMiINE LAND SUBDIVISION CASE FILE# 1}3-101 This application complies with the provisions of Section 1006.10 of the City Code of Prior lake, Minnesota and is hereby approved by the City of Prior Lake. ~c . a ~ >>~~lfi~:i~3!n6~~:)ITens) _ i of Prior Lake P1annina [')qoartmAnt . Tax Sta ents for tIlereal property-d"es'C'rm~l1'nerem should be sent to: Marie Snell, 5290 Credit River Rd. SE, Prior Lake, MN 55372 .. LICENSE TO CONTINUE ENCROACHMENT BY THIS INDENTURE, the undersigned, LARRY SHEPARD, a single person ( Grantor), hereby grants to MARIE SNELL ( Grantee), her successors and assigns, a temporary license (License) to continue the encroachment of a driveway over and upon the Northwesterly five (5) feet (Licensed Area) of the following described land (Burdened Parcel), to-wit: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the southeast comer of said Southwest Quarter; thence North 00 degrees 03 minutes 42 seconds East assumed bearing along the east line of said Southwest Quarter a distance of 1140.23 feet; thence North 62 degrees 31 minutes 00 seconds West a distance of 838.58 feet; thence North 50 degrees 32 minutes 00 seconds West a distance of390.62 feet to the point of beginning of the land to be described; thence North 39 degrees 08 minutes 00 seconds East a distance of208.00 feet; thence North 50 degrees 32 minutes 00 seconds West a distance of96.00 feet; thence South 39 degrees 08 minutes 00 seconds West a distance of230.4 feet more or less to the northerly right-of-way line of County Road No. 21; thence southeasterly along said northerly right-of-way line to the intersection with a line drawn South 39 degrees 08 minutes 00 seconds West from the point of beginning; thence North 39 degrees 08 minutes 00 seconds East a distance of28 feet more or less to the point of beginning. Containing 22,398.45 sq. ft. = 0.5142 Acres. 1 This License is temporary and shall benefit the following described land: All that part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the northeast comer of said Southwest Quarter; thence running south on the east line of said Southwest Quarter to the int~rsection of the north right-of-way line of the Chicago, Milwaukee and S1. Paul, (formerly Hastings and Dakota) railroad Company; thence running northwesterly along said railroad right-of-way to a point, which point is located 720.00 feet southeasterly of the intersection of said railroad right- of-way with the north line of said Southwest Quarter; thence northeasterly to a point on the north line of said Southwest Quarter which point is 900.00 feet east of the point of intersection of the north right-of-way line of said railroad and the north line of the Southwest Quarter; thence east to the point of beginning. And all that part of the 'West one-half of the West one-half of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota, lying north of the right-of-way of the Chicago, Milwaukee and S1. Paul (formerly Hastings and Dakota) railroad company. Subject to the highway over and across said land. EXCEPTING THEREFROM THE FOLLOWING: All that part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast comer of said Southwest Quarter; thence North along the east line thereof a distance of 1141.00 feet to the centerline ofC.S.A.H. No. 12; thence North 62 degrees 31 minutes West a distance of 836.85 feet; thence North 50 degrees 32 minutes West a distance of290.62 feet to the point of beginning; thence continuing North 50 degrees 32 minutes West a distance of 100.00 feet; thence North 39 degrees 08 minutes East a distance of 183.00 feet; thence South 50 degrees 32 minutes East a distance of 100.00 feet; thence South 39 degrees 08 minutes a distance of 183.00 feet to the point of beginning. EXCEPTING THEREFROM THE FOLLOWING: 2 That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the southeast comer of said Southwest Quarter; thence North 00 degrees 03 minutes 42 seconds East assumed bearing along the east line of said Southwest Quarter a distance of 1140.23 feet; thence North 62 degrees 31 minutes 00 seconds West a distance of838.58 feet; thence North 50 degrees 32 minutes 00 seconds West a distance of390.62 feet to the point of beginning of the land to be described; thence North 39 degrees 08 minutes 00 seconds East a distance of208.00 feet; thence North 50 degrees 32 minutes 00 seconds West a distance of96.00 feet; thence South 39 degrees 08 minutes 00 seconds West a distance of230A feet more or less to the northerly right-of-way line of County Road No. 21; thence southeasterly along said northerly right-of-way line to the intersection with a line drawn South 39 degrees 08 minutes 00 seconds West from the point of beginning; thence North 39 degrees 08 minutes 00 seconds East a distance of 28 feet more or less to the point of beginning. EXCEPTING THEREFROM THE FOLLOWING: All that part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast comer of said Southwest Quarter; thence North 00 degrees 03 minutes 42 seconds East, assumed bearing, along the east line of said Southwest Quarter a distance of 1140.23 feet; thence North 62 degrees 31 minutes West a distance of838.58 feet; thence North 50 degrees 32 minutes 00 seconds West a distance of390.62 feet; thence North 39 degrees 08 minutes 00 seconds East a distance of 183.00 feet to the point of beginning of the land to be described; thence continuing North 39 degrees 08 minutes 00 seconds East a distance of25.00 feet; thence South 50 degrees 32 minutes 00 seconds East a distance of 100.00 feet; thence South 39 degrees 08 minutes 00 seconds West a distance of25.00 feet; thence North 50 degrees 32 minutes 00 seconds West a distance of 100.00 feet to the point of beginning. 3 This License is terminable upon the removal of the encroachment not later than September 1, 2004. Said removal shall be at the joint expense and effort of Grantee and Grantor. The Licensed Area shall be restored the to the reasonable satisfaction of the Grantor. If the Grantee fails to participate in the removal, the Grantor may remove, or cause the encroachment to be removed, and the Grantee shall reimburse the Grantor for one-half(~) of the costs incurred, together with interest, and collection expense, including reasonable attorneys' fees. Grantee shall pay the entire cost and expense necessary or incidental to maintain, including snowplowing, the Licensed Area. The Grantee hereby acknowledges having no rights, title or interest in the Premises except under this License, and further agrees to keep and perfvuu all of her conditions and obligations herein. EXECUTED IN WITNESS HEREOF this day of February, 2004. """ ~~L'i ~ L .e--i L LARRY SHEPARD STATE OF MINNESOTA) ) ss. COUNTY OF ~ ) This instrument was acknowledged before me this l1L day Of~........... 2004, by Marie Snell, a single person. / STATE OF MINNESOTA) ) ss. COUNTY OF ) . . I .",!!,'.(. JODI J. LANGHORST I :~.. NOTARY PUBlIC.MINNESOTA , , MY COMMISSION EXPIRES 1-31.2005 .~^IV'^"^IV'IVVVV\lVV\lV\lVV. This instrument was acknowledged before me this Larry Shepard, a single person. day of February, 2004, by Notary Public This instrument was drafted by: HUEMOELLER, BATES & GONTAREK PLC 16670 Franklin Trail Prior Lake MN 55372 4 Warranty Deed by Individual STATE DEED TAX DUE HEREON: $ Date: , 2004 FOR VALUABLE CONSIDERATION, Marie Snell, a single woman, Grantor, hereby conveys and warrants to Larry Shepard, Grantee, real property in Scott County, Minnesota, described as follows: That part of the Southwest Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the southeast comer of said Southwest Quarter; thence North 00 degrees 03 minutes 42 seconds East assumed bearing along the east line of said Southwest Quarter a distance of 1140.23 feet; thence North 62 degrees 31 minutes 00 seconds West a distance of838.58 feet; thence North 50 degrees 32 minutes 00 seconds West a distance of390.62 feet to the point of beginning of the land to be described; thence North 39 degrees 08 minutes 00 seconds East a distance of 208.00 feet; thence North 50 degrees 32 minutes 00 seconds West a distance of96.00 feet; thence South 39 degrees 08 minutes 00 seconds West a distance of230A feet more or less to the northerly right-of-way line of County Road No. 21; thence southeasterly along said northerly right-of-way line to the intersection with a line drawn South 39 degrees 08 minutes 00 seconds West from the point of beginning; thence North 39 degrees 08 minutes 00 seconds East a distance of28 feet more or less to the point of beginning. Containing 22,398.45 sq. ft. = 0.5142 Acres . together with all hereditaments and appurtenances belonging thereto, and subject to restrictions, reservations and easements of record, if any. I!lI The Seller certifies that the Seller does not know of any wells on the described real property. o A well disclosure certificate accompanies this document. o The Seller certifies that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. ADMINISTRATIVE LAND SUBDIVISION Check here if all or part of the property is registered (Torrens) 0 CASE FILE# 63-'01 This application complies with the provisions of Section 1006.10 at the City Gode of Prior Lake. Minnesota and is hereby approved by the City of Prior lake. BY:!~,~ Date: ZJlb'~ (3Y of Prior Lake Planning ~ ~h~ MAllE SNELL L~1J 1 STATE OF MlNNESOT A COUNTY OF SCOTI The foregoing instrument was acknowledged before me this /~day o~~ 2004, by Marie Snell, a single woman, Grantor. / NOT"W,l.A ST ~R RANK) I ,_.\ JODI J. LANGHORST I ! NOTARY PUBLlC.MINNESOTA '. .J MY COMMISSION EXPIRES 1-31-2005 . . THIS INSTRUMENT WAS DRAFTED BY: Tax statements for the real property described in this instrument should be sent to: HUEMOELLER, BATES & GONT AREK PLC 16670 Franklin Trail Prior Lake, MN S S3 72 Larry Shepard 5310 Credit River Blvd. Prior Lake MN 553}2 2 STANDARDPURCHASEAGREEMffiNT 1. Signed at Prior Lake ,Minnesota, on (date) January 7 . 2004 2. Larry Sh~pard 3. of ~o r.~t Riv~r Road SEe Prior Lak~ MN 55372 4. Mar i~ Snell 5. of 5290 ~T".~:i.it River Road SEe Prior Lake MN 55372 6. property legally described as follows: . BUYER 0 as joint tenants, . agrees to purchase, and . ' SELLER, agrees to sell, the real 7. See Exhibit A. attach~d h~r~to 8. located at (Street Address) 5310 Credit River Road SE 9. City of Prior LI")<'f: ,County of ~ State of Minnesota, 10. including all plants, shrubs and trees, all storm windows and/or inserts, storm doors, screens, awnings, window shades, blinds, curtain- 11. trave.~e-~rapery rods.. a~ached lighting ~xtures with bulbs, plumbing fixtures, water heater, heating system, humidifier, central air 12. condltlonmg, ~lectronJc ~Ir filter, automatic ga~age door opener with controls, water softener, cable television outlets and cabling, 13. ~UIL T-INS to I~clude: dishwasher, garbage disposal, trash compactor, oven(s), cooktop stove, microwave oven, hood-fan, intercom, 14. Installed carpeting, IF ANY, located on the premises which are the property of Seller, and also the following personal property: 15. 16. 17. 18. 19. 20. 21. 22. 23. See attached Financing Addendum. 24. 25. 26. 27. 28. 29. 30. 31. Attached are 1 addendums which are made a part of this agreement. 32. SUBJECT TO performance by Buyer, Seller agrees to execute and deliver a 33. spouse, if any, conveying marketable title to the premises subject only to the following exceptions: 34. (1) Building and zoning laws, ordinances, State and Federal regulations; (2) Restrictions relating to use or improvement of the premises 35. without effective forfeiture provision; (3) Reservation of any minerals or mineral rights to the State of Minnesota; (4) Utility and drainage 36. easements which do not interfere with present improvements; (5) Rights of tenants, if any. 37. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable In and for the year of closing shall be 38. prorated between Seller and Buyer on a calendar year basis to the actual date of closing, unless otherwise provided in this Agreement. 39. Seller represents that taxes due in the year(s)~4 will be [check one] DFULL :J PART ~NON- homestead classification. 40. [check one]D BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING 81 SELLER SHALL PAY ON THE DATE 41. OF CLOSING all installments of special assessments certified for payment with the real estate taxes due in the year of closing. 42. {checkone]~ BUYER SHALL ASSUME DSELLER SHALL PAY ON THE DATE OF CLOSING all other special assessments levied as 43. of the date of this agreement. 44. {check one]~ BUYER SHALL ASSUME D SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the 45. date of this Agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. 46. Buyer shall pay taxes due in the year .2..Q.Q.i.. and any unpaid installments of special assessments payable therewith and thereafter. 47. WARRANTIES Seller warrants that buildings, if any, are entirely within the boundary lines of the premises. Seller warrants that all 48. appliances, heating and air conditioning, wiring and plumbing used and located on the premises are in proper working order on date of 49. closing. Buyer has right to inspect premises prior to closing. Buyer shall satisfy himself/herself at his/her expense that all appliances, 50. heating and air conditionilm' wiring and plumbing are !!l.Proper working order before closin~eller warrants that the premises are 51. connected to: city sewer I2SI YES 0 NO city waterQg YES 0 NO cable TV 0 YES U NO. Seller shall remove all debris and all 52. personal property not included in this sale from the property before possession date. Seller has not received any notice from any 53. governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease of any trees on the property. If the 54. premises are destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and 55. void at Buyer's or Seller's option, and the earnest money shall be refunded to Buyer. 56. POSSESSION. Seller agrees to deliver possession not later than immediately closing. All interest, city water and sewer charges, 57. electricity and natural gas charges, fuel oil and liquid petroleum gas shall be prorated between the parties as of"tbp. r:l nsing date 58. TITLE & EXAMINATION. Seller shall, within a reasonable time after acceptance of this agreement, furnish an Abstract of Title, or a 59. Registered Property Abstract, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. 60. Buyer shall be allowed 10 business days after receipt for examination of title and making any objections, which shall be made in writing or 61. deemed waived. If objection is so made, Seller shall be allowed 120 days to make title marketable. Pending correction of title, payments 62. hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to Buyer, the parties shall perform 63. this agreement according to its terms. If title is not corrected within 120 days from the date of written objection, this agreement shall be null 64. and void at option of either party, neither party shall be liable for damages to the other, and earnest money shall be refunded to Buyer. 65. DEFAULT. If title is marketable or is corrected within said time, and Buyer defaults in any of the agreements herein, Seller may terminate 66. this agreement, and on termination all payments made hereunder shall be retained by Seller as liquidated damages, time being of the 67. essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this agreement, provided 68. this agreement is not terminated and action to enforce specific performance is commenced within six months after such right of action 69. arises. If Buyer defaults in performance of the terms of this Agreement, and Notice of Cancellation is served on the Buyer pursuant to MSA 70. Section 55~1' the termination period shall be thirty (30) days as permitted by Subdivision 4~C;; M~9.2 71. SELLER c:;;Zft ~ L..I-1 (l _ BUYER ft-7'( fit cMa ie Snell C L~ 9hepard all of which property Seller has this day sold to Buyer for the sum of Sane hundred thousand and no/l00-----------__________________________ Earnest money received of $ o. 00 D to be deposited in trust account of $.0.00 cash on or before February 10. 2004 balance of $J..25. 000.00 by financing as follows: Sixty-f;Vp. Dollars, to be paid as follows: , the date of closIng, and the Warranty Deed. to be joined in by 72. SELLER BUYER 73. Closing and delivery of all papers and funds shall be made at: 74. Company 75. Telephone Number ( Address THIS IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT UNDERSTAND IT. SEEK PROFESSIONAL ADVICE.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 FINANCING ADDENDUM FOR CONVENTIONAL OR PRIVATELY INSURED MORTGAGE This Addendum is a continuation of the PRICE AND TERMS contained in Paragraph 5 of the Purchase Agreement dated by and between Larry Shepard and Marie Snell 5310 Credit River Road SE, Prior Lake, Scott County, Minnesota for property located at or described as A. FINANCING CONTINGENCY: Buyer's performance of Buyer's obligations under this Purchase Agreement is contingent upon Buyer's securing the fmancing referred to in paragraph B. below. This contingency is effective until (choose one): (i) ~ the date closing is completed; (ii) 0 the day of If Buyer is unable to secure the fmancing on or before the date referred to above, Buyer may terminate the Purchase Agreement by giving Seller written notice of termination on or before such date. If part (ii) above is applicable, and if Seller has not received evidence reasonably satisfactory to Seller that Buyer has secured the fmancing on or before the date referred to in part (ii) above, Seller may terminate the Purchase Agreement by giving Buyer written notice of the termination, which will be effective 48 hours after the giving of the notice; provided, however, that the termination shall be ineffective if Buyer provides Seller with evidence reasonably satisfactory to Seller that Buyer has secured the fmancing within the 48 hour period. If the Purchase Agreement is terminated by either Buyer or Seller, the earnest money paid by Buyer shall be refunded to Buyer, subject to any other applicable provisions of the Purchase Agreement. In such event, Buyer and Seller shall sign a cancellation of the Purchase Agreement. If Buyer does not provide Seller with notice of termination as required by this paragraph, the contingency contained in this paragraph shall be deemed waived, and, subject to Seller's right to terminate as provided above, the Purchase Agreement shall be binding upon and be performed by the parties according to its terms. B. CONVENTIONAL OR INSURED CONVENTIONAL MORTGAGE TERMS: Buyer will apply for and attempt to secure, at Buyer's expense, a (check one) I8ICONVENTIONAL DINSURED CONVENTIONAL Mortgage ("Mortgage") in at least the amount stated in the Purchase Agreement, amortized monthly over a period of not more than 30 years with a fixed interest rate not to exceed market % per annum or an adjustable rate with an initial interest rate of no more % per annum and a maximum interest rate of no more than % per annum ("Rate"), and with other terms not less favorable to Buyer than those set forth in this Addendum. C. MORTGAGE APPLICATION: The Mortgage application is to be made within five (5) business days after the acceptance of the Purchase Agreement. Buyer shall use best efforts to secure the Mortgage and shall execute all documents required to consummate the Mortgage. D. PRIVATE MORTGAGE INSURANCE PREMIUMS (IF INSURED CONVENTIONAL MORTGAGE): Buyer shall pay 100 % and Seller shall pay -0- % of the first year's conventional mortgage insurance premium ("MIP") required by the lender. Buyer shall pay all subsequent years' MIP as required by the lender. E. DISCOUNT POINTS: Mortgage discount points ("Points") shall not exceed % of the Mortgage amount. Such Points shall be paid as follows: Buyer shall pay Seller shall pay all Point(s). -0- Point(s). If the Points charged by the lender are less than the Points agreed to on line #39: (initial option 1,2 or 3) 1. Buyer Seller The Points sHall be charged first to Seller and the balance to Buyer. If the Points paid by Seller are less than set out on line #42, then: (initial option a or b.) a Buyer/ Seller Seller shall pay only the Points charged by lender, or b. Buyer/ Seller Seller shall pay the full amount agreed to on line #42 and the balance shall be applied to Buyer's closing costs as directed by Buyer. 2. Buyer/ Seller The Points shall be charged first to Buyer and the balance to Seller. 3. Buyer/ Seller The Points shall be paid proportionately by both Seller and Buyer as agreed on lines #41 and #42 above. F. LOCKING/FLOATING OF RATE AND POINTS: The Rate and Points shall be 0 LOCKED I8IFLOATED on the date of mortgage application. If the Rate and Points are floated, it shall be the sole discretion of 0 SELLER L'8J BUYER to lock in the Rate and Points. If Seller has sole discretion to lock in the Rate and Points, Buyer shall sign lender's lock-in documents promptly upon notification from Seller. G. LENDER COMMITMENT WORK ORDERS: Nothing in the Purchase Agreement shall be construed as a warranty that Seller will make any repairs required by the lender. However, Seller shall pay up to $ to make repairs required by the lender. If the lender requires repairs exceeding this amount, Seller shall have the following options unless Buyer agrees in writing to pay the cost of such excess repairs: 1. Making the necessary repairs; or 2. Negotiating the cost of making said repairs with Buyer; or 3. Terminating the Purchase Agreement by written notice to Buyer, whereupon the earnest money paid shall be refunded to Buyer. In such event, BuYVOd Seller shall sign a cancellation of the Purchase A reement. SELLER ~ /1 ~ 441 ~ P-~ BUYER Ix<f/. 1- ?'-O L{ Marie Snell 1-1 3"'0" 4-(Date) "tarrf Shepard SELLER BUYER (Date) (Date) (Date) SELLER BUYER (Date) (Date) SELLER BUYER (Date) (Date) EXHIBIT A TO PURCHASE AGREEMENT DESCRIPTION OF PROPERTY TO BE SOLD That part of the Southwest Quarter of section 1, Township 114, Range 22, Scott county, Minnesota, described as follows: commencing at the southeast corner of said Southwest Quarter; thence North 00 degrees 03 minutes 42 seconds East assumed bearing along the east line of said Southwest Quarter a distance of 1140.23 feet; thence North 62 de~rees 31 minutes 00 seconds west a distance of 838.58 feet; thence North 50 degrees 32 mlnutes 00 seconds West a distance of 390.62 feet to the point of beginning of the land to be described; thence North 39 degrees 08 minutes 00 seconds East a distance of 208.00 feet; thence North 50 degrees 32 minutes 00 seconds west a distance of 96.00 feet; thence South 39 degrees 08 minutes 00 seconds West a distance of 230.4 feet more or less to the northerly right-of-way line of county Road No. 21; thence southeasterly along said northerly right-of-way line to the intersection with a line drawn south 39 degrees 08 minutes 00 seconds west from the point of beginning; thence North 39 degrees 08 minutes 00 seconds East a distance of 28 feet more or less to the point of beginning. Containing 22,398.45 sq. ft. = 0.5142 Acres. . ,.:~,.l..,. ,.;.; ..',', J ,;. -:~"._, :"..:,.,_;-....__.:...:..........-:l,o,;.~ _"-' .,_~',.,.;. " . ',. ',' '. ' . ~-- ~ :r~~~.)..s.:.'"-~,~~__... ,~i ~~:~..'::~~.~'.<~~~~,~~~~~i...~t~~,,~:.~_.~...;~~~~\~,;._,.~.:~ ~ .~,:.:~... ~.. ~ 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 February 19,2004 Kohlrusch Title Attn: Carol Jacobson 250 South Fuller - Suite 200 Shakopee, MN 55379 RE: Marie Snell Property Dear Ms. Jacobson: Enclosed is the original Quit Claim Deed for transfer of property for Marie Snell along with a cover letter dated February 12,2004 by Attorney Jodi Langhorst. Sincerely, C&e(&si~ lh~ Planning Dept. Secretary ~ Ene. .. 1.:\03 Files\03 Adm plafS\Snell\Kohlrusch ItrlMW.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 r~'--. ,_' '::", ~ .,---;u___H__ I ~\ t1; ~ g 0 V!J L::- , i ' ~, - 'I!~) q II'\; FEB I 3 2004 .l LANGHORST&PAYNELAWOI1J:i~': "IIlj Il:/' AND DISPUTE RESOLUTION SERVICE , .L.L.L. 16186 MAIN AVENUE SE, SUITE 200 PRIOR LAKE, MN 55372 Jodi J. Langhorst* Attorney at Law FINDING SOLUTIONS THAT WORK Judith E. Payne Attorney at Law TELEPHONE: 952-226-1220 or 952-440-9966 FACSIMILE: 952-226-1219 *QUALIFIED NEUTRAL FOR e-mail: Jlanghorst@lntegraonline.com/Judith.payne@Jpaynelaw.com *LICENSED TO PRACTICE MEDIATIONS AND ARBITRATIONS TOLL FREE: 877-721-0009 IN MINNESOTA AND WISCONSIN February 12,2004 City of Prior Lake Attn: Jane Kansier 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 Kohlrusch Title Services Attn: Carol Jacobson 128 W. 3rd Avenue Shakopee,MN 55379 Scott County Auditor Attn: Cindy Geis 200 4th Avenue W. Shakopee,MN 55379 RE: Marie Snell Waiver of Plat Requirements Your Case No.: 03-101 Dear Ms. Kansier: Please find enclosed a copy of the Quit Claim Deed for the transfer of property from Marie Snell to Marie Snell with the new legal description for the remaining parcel. I am delivering this document to you so the City and County can complete the work that needs to be done to finalize this transaction. After you review the enclosed Deed and legal description, kindly contact Carol Jacobson by phone at Kohlrusch Title so she can go ahead and file the deeds to complete the closing. Her number is 445-1050. I am sending the original deed to her for recording. If there is anything more you need from me or my client, don't hesitate to contact me. Thank you for your cooperation and assistance in getting this transaction completed. Cc: Marie Snell ~i erely, f) ....CI I/, .'arf! \. .' . . ,..... '-.\.... - ,...~.~~ --.'---' ... .1 . . ..... ....."'-_._-.;.~...;.._---,..:..~.~" ..' , PUIT CLAIM DEED No delinquent taxes and transfer entered; Certificate of Real Estate Value U filed, U not required. Date County Auditor By: Deputy ----------- . DEED TAX DUE: Date: (Reserved for Recording) Marie Snell, grantor, for and in consideration of less than $500.00, hereby conveys and quit claims to Marie Snell, grantees, the following described real estate in the County of Scott, in the State of Minnesota: See attached legal description on exhibit "A" incorporated herein, together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: none. Check if applicable: The seller certifies that the seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not been changed since the last previously filed well disclosure certificate. D~t~iwl~~-Of.Eebruarr' 2004 ~ ~.~:". JODI J. LANGHORST ~., ;"1t-, ~.~~ N.~TAR'1' PL'811C.MINNESOTA ~ ~ ;~:.;;/ '.W COMM;SS")~ [iPIRES 1.31.2005 :{ ~ .w' S '. ".,'''.''''^'''~''^'''''''I\/'' ^/V'/,/\,,\/,..'\N'V',/V:.1- (A'Yfi'rffeed Tax Stamp Here) ST ATE OF MINNESOTA COUNTY OF SCOTT This instrument was acknowledge before me on This (Z day of February, 2004 .. If; It u ~- gvf{ ~(>_ Mari~BMtNISJlill\iINE LAND SUBDIVISION CASE FILE# ~3-1 0 I This application complies with the provisions of Section 1006.10 of the City Code of Prior Lake, Minnesota and is hereby approved by the City of Prior Lake. CfWc . a ~ of a~:is!1lii~!B~TorrenS)- i of Prior Lake Plannlna o..CArtrMnt . . Tax Sta ents for tile real propeny-aeScrITll;a"nerem should be sent to: Marie Snell, 5290 Credit River Rd. SE, Prior Lake, MN 55372 (. "-' - . '-"'''' '. ....--..,,-.....c,.. .1 ..._.._~.:!.:-c.__. AU that part of the West one-haJf of the West one-half of the Southeast Quarter of Section I, Township 1J4.Range 22. Scott County. Minnesota, J)'lng northerly of the northerly right-of-way line of the (Now abandoned )Chicago, Milwaukee and St. Paul railroad right-of-way, Subject to the highway over and across said land. TOGETHER WITH: AU that part of the Southwest Quarter of Section I, Township 114, Range 22. Scott County, Mirmesota, descn1>ed as foUows: C.......uencing at the Southeast comer of said Southwest Quarter, thence North 00 degrees 03 minules 42 seconds East, assumed bearing. along the cast line of said Southwest Quarter a distarice of 1140.23 feet; thence North 62 deb' ......,:, 31 minutes West a distance of 838.58 feet; thence North so degrees 32 minutes 00 seconds West a distance of 390.62 feet to the point of beginning of the land to be described~ thence South SO degrees 32 minutes 00 second! East a distance of 100.00 feet; thence North 39 degrees 08 minutes 00 seconds East a dislance of 208.00 feet~ North SO degrees 32 minutes 00 seconds West a distance of 196.00 feet; thence South 39 dcavccs 08 minutes 00 seconds West a distance of 230.4 feet more or less to the northerly right of way line of the now abandoned Chicago, Milwaukee and St. Paul Railroad: thence northwesterly along said railroad right-of-way a distancc of 22S.81 feet morc or less to a point distant 720.00 (as measured along said right.of-way) from the point of i...~...~...ction of said railroad right-of-way with the north line of said Southwest Quarter~ ..:....'u:..:. northeasterly to a point on the nonh line of said Southwest Quarter distant 900.00 feet easterly of the intersection of said north I1nc with said railroad right-of-way; thence cas1erly along said north line to the northeast comer of said Southwest Quarter; thence southerly along the east line of said Southwcst Quaner to the north line of said now abandoned railroad right.of-way; thence northwesterly along said railroad right-of-way to the intersection with a Jine drawn South 39 degrees 08 minutes 00 seconds West from the point of begirming~ thence North 39 degrees 08 minutes 00 seconds East a distance of 28 feet more or less to the point ofbeginnjng. EXHIBIT "A" ~ 11lI . . ~.:JII :: 7"*... f1 Y-'J. ,~.~. LlU~ ~ 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 January 27, 2004 Jodi J. Langhorst 16186 Main Avenue SE Prior Lake, MN 55372 RE: Waiver of Plat Requirements for Marie Snell Case File #03-101 Dear Ms. Langhorst: As I mentioned in my telephone message to you on January 20, 2004, we have received the warranty deeds for transfer of the Snell property. Before we can complete the approval of the transfer of property to the Klingbergs, you must submit a quit claim deed from Donald and Mary Joyce Klingberg to Donald and Mary Joyce Klingberg, describing the new combined parcel. The purpose of this is to ensure the existing Klingberg parcel and the pieced transferred from Mrs. Snell are combined into a single parcel. Once we receive this quit claim deed, we will sign off on the transfers and they can be recorded. Thank you for your prompt attention to this matter. If you have any questions about this matter, please contact me directly at 952-447-9810. Sincerely, ~ Q. ~~ (J Jane Kansier, AICP V Planning Coordinator cc: Marie Snell .. 1:\03 files\03 adm plats\snell\reminder3.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 LANGHORST & PAYNE LAW OFFICE AND DISPUTE RESOLUTION SERVICES, P.L.L.C. l6186 MAIN AVENUE SE, SUITE 200 PRIOR LAKE, MN 55372 Jodi J. Langhorst* Attorney at Law FINDING SOLUTIONS THAT WORK Judith E. Payne Attorney at Law TELEPHONE: 952-226-1220 or 952-440-9966 FACSIMILE: 952-226-1219 *QUALlFIED NEUTRAL FOR e-mail: Jlanghorst@lntegraonline.com/Judith.payne@Jpaynelaw.com *L1CENSED TO PRACTICE MEDIATIONS AND ARBITRATIONS TOLL FREE: 877-721-0009 IN MINNESOTA AND WISCONSIN January 15, 2004 Aty of Prior Lake Attn: Jane Kansier 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 RE: Marie Snell Waiver of Plat Requirements Your Case No.: 03-101 Dear Ms. Kansier: Please find enclosed a copy of the Warranty Deed for the transfer of property from Marie Snell to the Klingbergs that has been signed by my client, along with a proposed Warranty Deed for transfer of the property to Larry Shepard that has not yet been signed by Ms. Snell. The Warranty Deed transferring the property to Mr. Shepard will be signed at the closing that has been scheduled for February 10,2004. I am delivering these documents to you so the City can complete the work that needs to be done by your office on this matter. If there is anything more you need from me or my client, don't hesitate to contact me. Thank you for your cooperation and assistance in getting this transaction completed. Cc: Marie Snell Allison Gontarek, Esq. 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 r J 1 r' ~ tl" ~,'" .~ };~. h ~ ~ t~ ~~U') ':j;,' j. L.. !J '. -, 'j' 'l c._ " ",:, " , ..~~ \!! ~ " January 12, 2004 Jodi J. Langhorst 16186 Main Avenue SE Prior Lake, MN 55372 RE: Waiver of Plat Requirements for Marie Snell Case File #03-101 Dear Ms. Langhorst: As you know, on November 3, 2003 the Prior Lake City Council approved your request to waive the platting requirements for the Snell property located in Section 1, Township 114, Range 22. I sent you a copy of the signed resolution for your files on November 20,2003. In order to complete this conveyance, you must submit a deed describing the entire parcels for recording. Please let me know when you will submit these documents. We can then finalize this application. Thank you for your prompt attention to this matter. If you have any questions about this matter, please contact me directly at 952-447-9810. Sincerely, ~Q,'~ I . Jane Kansler, AICP Planning Coordinator cc: Marie Snell .. 1:\03 files\03 adm plats\sne~eminder2.doc www.cityofpriorlake.com ~age 1 Phone 952.447.4230 / Fax 952.447.4245 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 ., '"l" ,"" . ..~: .Ju,~l 'If December 18, 2003 Jodi J. Langhorst 16186 Main Avenue SE Prior Lake, MN 55372 RE: Waiver of Plat Requirements for Marie Snell Case File #03-101 Dear Ms. Langhorst: On November 3, 2003 the Prior Lake City Council approved your request to waive the platting requirements for the Snell property located in Section 1, Township 114, Range 22. I sent you a copy of the signed resolution for your files on November 20, 2003. In order to complete this conveyance, you must submit a deed describing the entire parcels for recording. Please let me know when you will submit these documents. We can then finalize this application. We would like to complete this process before the end of the year. Thank you for your prompt attention to this matter. If you have any questions about this matter, please contact me directly at 952-447-9810. Sincerely, C'\. II ,0. .~ ~ne Kansier, AICP Planning Coordinator .. 1:\03 fiJes\03 adm plats\sneU\reminder.doc www.cityofpriorlake.com - Yage 1 Phone 952.447.4230 / Fax 952.447.4245 .~ 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 f\lt tOP~ November 20, 2003 Jodi J. Langhorst 16186 Main Avenue SE Prior Lake, MN 55372 RE: Waiver of Plat Requirements for Marie Snell Case File #03-1 01 Dear Ms. Langhorst: On November 3, 2003 the Prior Lake City Council approved your request to waive the platting requirements for the Snell property located in Section 1, Township 114, Range 22. Attached is a copy of the signed resolution for your files. In order to complete this conveyance, you must submit a deed describing the entire parcels for recording. Please let me know when you will submit these documents. We can then finalize this application. Thank you for your prompt attention to this matter. If you have any questions about this matter, please contact me directly at 952-447-9810. Sincerely, ~G-.~ U~ane ~ansier, AICP Planning Coordinator Enclosure .. 1:\03 files\03 adm plats\snell\approval resolution.doc 'ty f . I k WWW.clopnorae.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 ". ~,.",..,......~ ......~,. .,_._.... ...... ~,_ ...~..'-...4 "_''''_''~_,.._~.......,,~.............~~......__,~....,.P'<o.~_._...... ..~ .0...... .... ...._....,.......~...".,. , ... < _ ..:r__':'_..;;.~._ _____. 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 fILE jD~'; November 4, 2003 Jodi J. Langhorst 16186 Main Avenue SE Prior Lake, MN 55372 RE: Waiver of Plat Requirements for Marie Snell Case File #03-101 Dear Ms. Langhorst: On November 3, 2003 the Prior Lake City Council approved your request to waive the platting requirements for the Snell property located in Section 1, Township 114, Range 22. In order to complete this conveyance, you must submit a deed describing the entire parcels for recording. I will forward a copy of the signed resolution to you as soon as it is available. If you have any questions about this matter, please contact me directly at 952-447- 9810. Sincerely, Q. ~ ~KanSier, AICP Planning Coordinator . 1:\03 files\03 adm plats\snell\approval.doc www.cityofpriorlake.com Page 1 Phone 952.447.4230 / Fax 952.447.4245 . _~.._' .._' .J':'.' ~-.o-~'_'''''; ,.....".,__~.....~. ,""., _.... '.., ,"~ .......,...._..._ ..;;:..,_:..-'-.... ......__~.....o.....,~,~".. ~,. _._~...._...__.L-,,"-...__..._~ ...__ _.'__'_ ~_ n" ..'~ .- - ....'....._.~ - ~. . - .....-..-.- -. .-.- -.. .-.-- ~ - . ... .'. . ~ 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 October 30,2003 Jodi J. Langhorst 16186 Main Avenue SE Prior Lake, MN 55372 Attached is a City Council Agenda and Staff Report for the November 3, 2003, City Council meeting. The meeting will begin at 7:00 p.m. and is held at the Fire Station located at 16776 Fish Point Road (east of HWY 13 on the south side of CR 21). If you cannot attend the meeting or have any questions, please contact me at 447-9810. Sincerely, Connie Carfson Connie Carlson Planning Secretary Enclosure I:\deptwork\blankfrm\meetlrcc.doc www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 Memo To: DRC Members From: Jane Kansier, Planning Coordinator ~ Re: Revised Survey for Marie Snell Admi~tr~e Lot Split Date: October 17, 2003 Attached is a revised survey for the Marie Snell property. The revision adds an additional 25' of land to the proposed parcel and a 25' strip of land to the Klingberg parcel. This item is scheduled for City Council review on Monday, November 3, 2003. Please return any comments to me by Friday, October 24, 2003. Thanks for your help. Enclosure 1:\03 files\03 adm plats\snell\revised plan.doc 1 ADNlNlSlRA n'<f: LOT SUllIll\19ON PREPARED FOR: MARIE !HU.. 5310 CREDIT RM:R ROAD SE PRIOR LAKE. loIN 55372 ~ f ~ ''1'' - -- l __ Be.... tn 'I' '\ SNELL EXISTING PROPERTY DESCRImON AS PROVIDED: A"",",porto{lhe_o.--ofS<<ti<ft I. T_pIl4.RonJo22._c-.r,.~ .., ". deseribed .. l"oIlows: C., ". .., .:,....lhe . ..... _of..id_QuorIer.1hcna:......._...lhe_lineof !laid Soul_ Quorter '" lhe' ...." or the _ ri....-o(._y line or lhe C1hcqo. Milwaukee .... SI. Paul. (fllmlCfty HUlinp .... Dokou) ..ilrood Compony; 1hcna: NlIIi.. ,: .......Ions said ..ilroocl rishl-of._y 10 . point. which poi.. is lO<Oted 720.00 feet """"""-'Y of lhe' ....: . of said nitroed riaht~.Wl.Y With the north line of said Southwest Quarter, thenc:c . - ~..' ~,-. 10. poine ... the north line of saiel S. : _' Quane< which poilll is 900.00 f... _ 0{ lhe point of i~ . , ..; . 0{ lhe _ ri....-of.way line 0{ said rail_ oneIthe north line of lhe j ...: .. Quoncr. thence .... to .he point ofbqinnina. And all "'"' port 0{ lhe west -"aIf of lhe W... _f 0{ the _ Quarlor 0{ _ I. T""""'ip 114. RonJo 22. _ County. Mi.......... lri.. _ of lhe ri....-or._y or .he Chi<qo. Mi'....... and Sl. huI (fmnerIy HUlin...... Dokola) nilrood company. Subject to lhe highway ..- nod ll<IOS5 said ,..... EX~,,, . ".u lllEREfROIoI TIlE PROPERTY SOLD TO DONALD KLINGBERG' DOCUMENTNUMBER 111$20. DATED1ULY 5n"966. A"",", port oflhe S. ,: _, o.--orS<<ti<ft I. T_p 114. RMFn. _County. Mi......... deseribed .. follows: C. . :.... lhe __ _ of5licl_ Quarler; 1hcna: _ aJona lhe _line "'-of . di....... of 1141.00 feet '" lhe <enlc:,ti.. of CS.A.H. No. '2; 1hcna: _ 62 cIc:pec:s 31 mi...... W... . c1i_ of '36,15 fcc:t; 1hcna: North 50 <Ie..- 32 mi....... Wc:sl . <Ii_ of 290.62 f... to lhe point of 1 .;, '.. 1hcna: _.. North 50 cIc:p<es 32 mi...... Wc:sl . c1istanoe of 10000 feet; _ North 39 clc:p<es0. mi_ East . <Ii_ of 113.00 f...; thc:nc:e _ 50 cIc:p.es 32 min_ East. di_ of 100.00 feet; _ South)9 cIc:pec:s 0' minutc:s. c1i....... of 113.00 fc:c:t to the point orbqinni.... DESCRIP110N OF PROPERTY TO BE SOW: Tho1 port of the __ QuortcT of S<<ti<ft I. Towml1ip 114. RonJo 22. _ c-ty. Mi_ I....:!.J.. follows: C. . :.. .. lhe .. __ of..id S.. . .., Quarler; 1hcna: _ 00 cIc:p.es 0) mi_ 42 - Eosl_ "-i.. aJona lhe _ line of said _west Quorter . c1i_ of 1140.23 fc:c:t; 1hcna: North 62 cIc:p<es 3 I mi_ 00 _ W.. . c1i_ of 131.5' feet; 1hcna: _ 50 cIc:p<es )2 milllllc:s 00 _ W... . c1i_ or )90.62 f... '" lhe poi.. or " . ;.. . ,of lhe Iond '" be deseribed; _ North J9 clc:p<es0l mi...... 00 __ Eosl. _ 0{ 201.00 feet; 1hcna: North 50 cIc:..- )2 mi...... 00 __ Wc:sl . c1i_ of 96.00 fcc:t; 1hcna: Souoh 39 ......01 milllllc:s 00 _W...<Ii_of2JO.4feet....orlcsstolhe....hertyn...". . lineofCounly Rood No. 21; .hc:nc:e , , . ...... _ "", ri....-o(.way line to lhe i "" _', with. hne drawn _ 39 ...... O' minutes 00 _ Wc:st _ lhe poillI 0{ I .:, " " 1hcna: North 39 <Ie..- O. mi......oo_Eosl .cIi_of21fc:c:t-.:orlcsslolhepoi..of'",; . Conlaini.. n)9'.45 ....1l-0.5142 Ac:m. Au~,. .v.IAL PROPERTY TO BE uccucu TO DONALD KLINGBERG: 100 I '00' A"",",porto{lhe:, ! . o-o-or_l. T_p 114.RMFn._c-.r,.~' deseribed as follows: C. _ :.." lhe ___ 0{5licI_Quarler; 1hcna: _00...... 03 mi_ 42 - East. -.....I "-inL oIons lhe _line 0{1IicI_ 0--' _ of 1140.23 fcc:t; _ North 62 cIc:p<es 31 ""- Wc:sl . _ o{IJU. fee:<; _ Nordt J(I cIc:p.es 32 mi..- 00 ___ Well . _ 0{ 390.62 feet; 1hcna: _ J9 <le..-OI __ 00 _ Eosl . _o{ll3.oo """lhepoiaco{\. ;:, ,O{lhe Iond lObe ,_ ",~U.1hcna:_......North 39 <Ie..- O' mi_ 00 __ &II . c1istonc:c 0{ 25.00 feet; _ Souoh J(I ...... 32 mi_ 00 _ Eosl. di_ 0{ 100.00 feet: _ _ J9 cIc:p.es O' mi_ 00 __ West. c1istonc:c 0f25.oo fc:c:t; 1hcna: North 50 ~ J2 mi_ 00 __ W.... _ 0{ 100.00..... 10 the poilll oflqinniJIs. c, .' , 2.5OIJ.... II .0.0574 ac:rc:s NET PROPEJlTY AREA BEfORE SALE. 53.05n ACRES NET PROPERTY AREA AFTER SALE . 52.48:56 ACRES . DENOTES IRON lIllNlAIOlT rouND o DENOTES IRON NOHUIlEHT SET AHO MARl<EO BY "'NNESOfA UCENSE NO.llJ1l1J I MO'''", LlN( 0' lM( ,.".. Of I_...~Z , -'-Ann SB9'56'15"E--. Nt COIINtq Of" T"{ 5W';. Of ,.u.~n NOIllM ~ CI' 1'M( WI.I2. stv.. Of' I."". l:J , --- 659.93 SB9'56'15"E _u \ -" i ~.: ~; . . M<I n ~ . '- ~ ~~._- ~ . '",-------. ~ .-/ s)i .,~~ !~ q " " ~~ St (0""1" Of' TN( sw 114 or 1-114 _ II VAlLEY SUR~ CO.. P.A. 1111170 FRANKUN lRAIL SE 9JITE 2JO PRIOR LAKE. MN 553n (952) 447-2570 OCT-g3ll3 '-. II(V. tal HO] TO (HANGt BDIlY a llGAL, OlSC"IPTlO"'S OF stu.orr ..",t.. I h...y certify thot thll Admlnl.trotlw Lot SubdM,Ion wer. prepot"fHI by me 0' under ,.,y dfrect super-wlalon and that I om 0 duly Licensed Land UfOJ::::Mm_IO. Mlnn-.oto Ucen.. No. 1018J Dol'" U1"~ol~+-- .. 2003 FIlC NO. 4311 800k 239 PAC[ 11 CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST MARIE SNELL LOT SUBDIVISION A request to waive the platting requirements for the subdivision of an unplatted parcel into two lots, each with an existing single family dwelling. Marie Snell Jodi Langhorst 226-1220 SITE INFORMATION 25-901-011-0 25-901-011-2 5290 and 5310 Credit River Road R-1 R-UMD I PROJECT NAME: I APPLICANT: CONTACT PERSON: I PID#: I LOCATION: I EXISTING ZONING: I COMPREHENSIVE PLAN: I I PROJECT REQUEST: Review application. I I. Frank Boyles . Sue Walsh . Ralph Teschner . Chris Esser . Bob Hutchins . Don Rye . Cindy Kirchoff DISTRIBUTE TO: -- . Bud Osmundson . Sue McDermott . Larry Poppler . Fire Chief . Bill O'Rourke DNR - Pat Lynch County Hwy. Dept. MNDOT SMDC Mediacom Cable Minnegasco Watershed Dist. Telephone Co. Electric Co. Met. Council APPLICATION FOR: . . Administrative Land Division Comprehensive Plan Amend. Conditional Use Permit Home Occupation Rezoning Site Plan Preliminary Plat PUD Final Plat Variance Vacation . Date Received . 9/22/03 Date Distributed 9/23/03 Date Due 10/9/03 Complete Application 9/23/03 Date Distributed to 9/23/03 DRC Meeting 10/2/03 Date DRC I Publication Date NA Tentative PC Date NA Tentative CC 1 0/20/03 Date I 60 Day Review Date 11/23/03 Review Extension 1/23/04 1:\03 files\03 adm plats\snell\referral.doc Page 1 I have reviewed the attached proposed request (Marie Snell Lot Subdivision) for the following: Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control. City Code Storm Water Flood Plain Natural Features Electric Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code ----" Recommendation: -K Approval Denial Conditional Approval Comments: Signed: 9f~L Date: ~/lCl tcJ? \ Please return any comments by Thursdav. October 2. 2003, 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 e-mail: jkansier@cityofpriorlake.com 1:\03 files\03 adm plats\snell\referral.doc Page 2 U\ 'L NC>-..' 'J I .. c., I /j, .'^ \..,). ,;.. ~. \ "J>' CITY OF PRIOR LAKE ORC PROJECT REVIEW CHECKLIST :Ij._~ ------. -'- /)/tr-...Q PROJECT NAME: APPLICANT: CONTACT PERSON: PID#: LOCATION: EXISTING ,ZONING: COMPREHENSIVE PLAN: PROJECT REQUEST: MARIE SNELL LOT SUBDIVISION A request to waive the platting requirements for the subdivision of an unplatted parcel into two lots, each with an existing single family dwelling. Marie Snell Jodi Langhorst 226-1220 SITE INFORMATION 25-901-011-0 25-901-011-2 5290 and 5310 Credit River Road R-1 R-UMD Review application. DISTRIBUTE TO: Ii APPLICATION FOR: . Frank Boyles . Bud Osmundson !I . Administrative Land Division . Sue Walsh . Sue McDermott Comprehensive Plan Amend. . Ralph Teschner . Larry Pop pier Conditional Use Permit . Chris Esser . Fire Chief I Home Occupation I. Bob Hutchins . Bill O'Rourke I Rezoning I. Don Rye I Site Plan I. Cindy Kirchoff Preliminary Plat I PUD I DNR - Pat Lynch Minnegasco Final Plat I County Hwy. Dept. Watershed Dist. Variance I MNDOT Telephone Co. Vacation I SMDC Electric Co. , I Mediacom Cable Met. Council J I Date Received 9/22/03 Date Distributed 9/23/03 Date Due 1 0/9/03 , Complete Application 9/23/03 Date Distributed to 9/23/03 DRC Meeting 10/2/03 Date DRC I Publication Date NA Tentative PC Date NA Tentative CC 10/20/03 Date I 60 Day Review Date 11/23/03 Review Extension 1/23/04 1:\03 files\03 adm plats\snell\referral.doc Page 1 I have reviewed the attached proposed request (Marie Snell Lot Subdivision) for the following: I I I I L Water Sewer Zoning Parks Assessment Policy Septic System Erosion Control City Code Storm Water Flood Plain Natural Features Electric Grading Signs County Road Access Legal Issues Roads/Access Gas Other Building Code ~ Recommendation: e><:... Approval Denial Conditional Approval Comments: IVn E'1f:J!'n1'.'U.'..J (fPft7,;n"..f- Signed: m~- Date: 9 -- ;2. r -0 3 Please return any comments by Thursdav. October 2.2003, to Jane Kansier, DRe Coordinator City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Phone: (952) 447-9812 Fax: (952) 447-4245 e-mail: jkansier@cityofpriorlake.com 1:\03 files\03 adm plats\snell\referral.doc Page 2 "71.: CO~~ .. . Jodi J. Langhorst 16186 Main Avenue SE Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Metes and Bounds Subdivision Request for Marie Snell Dear Ms. Langhorst: On September 22, 2003 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 the application is now complete. In my earlier letter to you, I indicated this item could be scheduled for the October e, 2003 City Council meeting. However, it turns out this schedule was overly optimistic. In order to allow other departments to review this request, we must schedule this item for the October 20, 2003 City Council meeting. I will notify you of any changes to that date. The City review process can be substantially less than 120 days, and we intendto move this matter through the process in a timely manner that provides a complete, professional review. Occasionally, however, due to meeting schedules, it is sometimes necessary to extend the eO-day review period. This letter also serves as your official notice that the City is extending the eO-day deadline for an additional eo days from November 22, 2003 to January 22, 2003. If you have questions relative to the review process or related issues, please contact me directly at 952-447-9810. Sincerely, ~~:ie~ Planning Coordinator cc: ORC Members . -- 1:\03 files\03 adm plats\snell\complete.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 "'1 E en n ~, ~ ..' '. .... ~; H t<<' 1 ; ~ t ~lr t' ~.:...~.. ~ II August 27, 2003 Jodi J. Langhorst 16186 Main Avenue SE Prior Lake, MN 55372 RE: City of Prior Lake Review for Application Completeness for Metes and Bounds Subdivision Request for Marie Snell Dear Ms. Langhorst: On August 21, 2003, the City of Prior Lake Development Review Committee (DRC) received an application for a metes and bounds conveyance for the Marie Snell property. We have determined the following information must be submitted before we will consider this application complete: 1. Ten 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. The above item must be submitted before we will consider this a complete application. Once we have determined you have submitted a complete application, the DRC will begin formal review of this request. Once we have completed our review, we will notify you of any required changes to the plans. I have spoken with Valley Surveying and they have indicated they will be working on the survey and should have it completed by September 22, 2003. If so, this item can be scheduled for the October 6, 2003 City Council meeting. Thank you for your attention to this matter. If you have questions relative to the preliminary plat review process, or related issues, please contact me directly at 952-447-9810. Sincerely, ~().~ U ~~~:_~ansier, AICP Planning Coordinator cc: Marie Snell Valley Surveying DRC Members . 1:\03 fllesl03 adm platslsnelNncomplete.doc Page 1 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 I\N EQl'AL OPPORTl',JITY E"lPLOYER