HomeMy WebLinkAbout7 - Forest Oaks First Addition
"SU03C2"
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
7
DEB GARROSS, ASSISTANT CITY PLANNER
CONSIDER PRELIMINARY AND FINAL PLAT OF FOREST
OAKS FIRST ADDITION.
MAY 17, 1993
The purpose of this item is to consider
preliminary and final plat a~proval of Forest
Oaks First Addition. On Apr11 19, 1993 the
city Council approved a request from
Developer, Robert Paschke to consolidate the
preliminarr and final plat hearing before the
city Counc11. The Planning commission held
the public hearing for the preliminary plat on
May 6, 1993 at 7:30 p.m. The Commission
determined that the preliminary plat was
consistent with the Zoning Ordinance,
Subdivision Ordinance and Comprehensive Plan
and adopted Resolution 93-02PC attached. The
Planning Commission recommends that the City
Council approve the preliminary plat subject
to the conditions outlined in the resolution.
staff has reviewed the preliminary and final
plat submittal for Forest Oaks First Addition.
The plat consists of ei9ht lots to be
subdivided and develo~ed wlth single family
homes. The subject slte consists of 3.7 acres
of land located north and east of the
intersection of Fish Point Road and Forest
Circle. See attached Planning Report dated
May 6, 1993 for details related to the plat.
The preliminary and final plat are consistent
with the provisions of the Zoning and
Subdivision Ordinances and Comprehensive Plan.
An informational meeting was held with area
residents prior to the public hearing where
questions and concerns relative to the
proposed street and utility improvements were
discussed. The primary concerns related to
tree loss and storm water management. The DNR
was notified of the ~roposed subdivision and
does not object prov1ded that adequate ponding
and storm water management controls are
implemented to treat water prior to leaving
the site.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph, (612) 447,4230 I Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPIDYER
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
The Planning Commission was satisfied with
storm water provisions and the design of the
plat with the exception of tree loss proposed
due to grading. The City has no specific
requirements related to tree replacement. To
mitigate tree loss, the developer pro~oses to
have custom homes built on each lot slmilar to
how the wooded areas of Woodridge Estates were
treated. The house styles have been
identified on the preliminary plat and staff
will work with the developer to accomplish a
grading and tree replacement program for the
site which minimizes tree loss as much as
possible. The Planning Commission directed
staff to contact other communities, research
and propose a Subdivision and/or zoning
Ordinance amendment to delineate requirements
for tree replacement to be applied to future
subdivisions.
Approve the preliminary and final plat of
Forest Oaks finding that the proposal is
consistent with related ordinances and
the Comprehensive Plan. Ado~t Resolution
93-36 outlining all items Wh1Ch must be
met prior to release of, and recordin~ of
the hardshell for Forest Oaks F1rst
Addition.
2. Continue the item for further review. If
this option is chosen, the developer will
be required to install utilities instead
of the current proposal to have the City
install utilities. If this option is
chosen, staff recommends continuation of
the preliminary and final plat review in
order that appropriate changes and
details be incorporated into the plat
which satisfy the Subdivision Ordinance
requirement for developer installed
improvements.
1.
3. Deny the preliminary plat for specific
reasons stating how the plat is
inconsistent with the requirements of
the Subdivision Ordinance, zoning
Ordinance and Comprehensive Plan.
Alternative 1 or 2.
A separate motion to
plat subject to the
Planning Commission
separate motion to
approve the
conditions
Resolution
approve the
preliminary
outlined in
93-02. A
Resolution
93-36 approving the final plat of Forest Oaks
First Addition and items to be complete prior
to release of, and recording of the hardshell.
A motion to direct the Mayor and City Manager
to sign the plat and Developers Agreement once
all conditions are satisfied.
"RS9336"
RESOLUTION 93-36
RESOLUTION OF THE PRIOR LAKE CITY COUNCIL SETTING FORTH ITEMS TO
BE COMPLETE PRIOR TO RELEASE OF, AND RECORDING OF HARDSHELL FOR
FOREST OAKS FIRST ADDITION.
MOTION BY:
SECONDED BY:
WHEREAS, the City Council has approved the Final Plat of
Forest Oaks First Addition;
NOW, THEREFORE, BE IT RESOLVED BY
LAKE, MINNESOTA, that it should
following items to be complete,
recording of said plat:
1. The hardshell dedication, language and format be subject to
approval by the city Attorney.
THE CITY COUNCIL OF PRIOR
and hereby does require the
prior to release of, and
2. The City be given fee title to Outlot A, Shangri-La in a
method approved by the City Attorney.
3. A title opinion for the plat be acceptable to the City
Attorney.
4. The application for subdivision be amended to indicate that
the property owner is JMP Development, Inc., of which, Robert
Paschke is the President.
5. The Developers Agreement as drafted by the city Engineer be
signed and executed by May 17, 1993.
6. Payment of all fees required for final plat and as outlined
in the Developers Agreement.
7.
The Developer subsidize the
dollars to those properties
the improvements required
Addition.
improvement cost above $2,000.00
on Forest Circle benefitting from
as part of Forest Oaks First
8. Submittal of required utility, draina~e, storm sewer or other
easements as required by the City Englneer.
9. The grading plan indicating the house pad elevations and home
style be acceptable to the City Engineer.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447.4245
AN EQUAL OPPORTUNITY EMPLOYER
10. All outstanding
memorandum from
satisfied.
conditions
Bruce Loney
outlined in
dated April
the
27,
attached
1993 be
11. Submittal of required utility, draina~e, storm sewer or other
easements as required by the city Eng1neer.
12. Park support fees in accordance with city Policy, be paid at
the time of building permit.
13. Building permits shall not be issued until a contract has
been awarded for the construction of municipal sewer and
water. Occupancy permits will not be issued until
improvements are accepted by the City Engineer.
14. No building permits shall be issued until the Final Plat is
filed and recorded with Scott County.
15. Homes built upon lots within the subdivision will be subject
to architectural controls, the 22% lot coverage ratio, and
30% impervious surface coverage of the Zoning Code.
16. Boulevard and front rard trees be planted upon each lot as
required by the Subd1vision Ordinance.
17. A tree re~lacement plan be submitted acceptable to the
Planning D1rector.
18. The, "City copy" hardshell, containing all required
si~natures be returned to the Prior Lake Planning Office
prlor to issuance of any building permits for the plat.
19.
Submittal of 4 sets of mylar copies of the
all required signatures and reduced copies
to the following scales: 1" = 200', 1"
reduction at no scale which will fit on an
of paper.
Passed and adopted this 17th day of May, 1993.
entire plat with
of the entire plat
= 800' and one
8 1/2 x 11" sheet
Yes
No
Andren
Fitzgerald
Kedrowski
Scott
White
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
city of Prior Lake
{Seal}
I N T E R 0 F F ICE
M E M 0 RAN DUM
DATE:
DEB GARROSS, ASSISTANT CITY
A)~BRUCE LONEY, ASSISTANT CITY
'~FOREST OAKS 1ST ADDITION -
AND FINAL PLAT
APRIL 27, 1993
PLANNER
ENGINEER
REVIEW OF
PRELIMINARY
TO:
FROM:
SUBJECT:
The following comments are for the review of the above
referenced plat by the Engineering Department. The developer is
proposin~ to subdivide property for eight (8) single family
residentlal lots. In order to do this, the current private
street of Forest Circle must be improved to serve the
development. A 429 Improvement Project process has been
initiated with the developer and the three (3) lots adjacent to
Forest Circle to receive assessments for improvements. A 429
Improvement Public Hearing has been scheduled for May 17, 1993 in
conjunction with the plat approval consideration by City
Council.
The Engineering Department comments for the development are as
follows:
Preliminary Plat Plan
1. Outlot A of Shangri-La must be granted to the City. This
Outlot A and developer's dedication of right-Of-way should be
a 50' width. A quit claim deed has been submitted without
being properly executed to the City.
2. On Lot 7, there a ponding exists for storm water retention on
the site. This area was checked by Pete Beckius, SWCD, and
was determined not to be a wetland. This area is normally
dryas the water percolates into the ground. The City will
however, need a drainage easement for the 100 year flood
elevation.
3. Drainage easements need to be provided where
crosses lots.
drainage
4. Easements needed for the utility and street improvements must
be granted by the developer. Example - The storm sewer pipe
to the low area on Lot 7 extends into Lot 7.
Preliminary site Gradinq Plan
*5. The site construction plan with erosion control was not
included in the submittal. If approved, the City's
consultant, Maier-Stewart, will complete the design and
include an erosion control plan for the project.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447.4230 I Fax (612) 4474245
AN EQUAL OPPORTUNITY EMPLDYER
6. The grading plan needs to include house elevations and house
types to see what the effects of development are to the site.
The lowest building level elevation should be at least 3 feet
above the 100 year flood elevation of the low area on Lot 7.
7.
Proposal slopes at lot boulevards are shown
Recommended maximum slope in boulevard area is 4:1;
this may result in more tree loss.
8. At the low point of Forest Circle and Lot 7, the sideslopes
are shown at 2:1. These steep slopes again were shown to
minimize the tree loss on the site. staff would recommend a
minimum slope of 3:1 in this area and special measures are
needed in order to establish vegetation growth in this area.
at 3:1.
however,
Preliminary street Drawing
*9. The low point on Forest Circle and adjacent to Lot 7 may need
to be adjusted further to the south in order to allow a
driveway to Lot 7.
10. The plan shows a street width of 28' back to back to
Normal street width is 32' back to back of curb
subdivision ordinance Table I.
curb.
as per
*ll.Street grade at Forest Circle and Forest Court should be
adjusted so that the street drainage of Forest Court will
flow to the ponding area on Lot 7 before leaving the site.
12. Forest Circle street pavement does not need to be extended to
the plat line. Recommendation is to end the street paving
past the last existing driveway on Forest Circle and paving
an 8' bituminous park entrance trail for the neighborhood.
A plan showing the profile of the trail is necessary.
*13.MH #2 should have an outside drop for service connections to
Lots 3 & 4.
14. Sewer and water services to utility and drainage easement
line - utilities such as Minnegasco, scott-Rice Telephone,
cable TV, electric company, have installed their lines also
within the 10' drainage and utility easement area. The City
may want to waive these requirements for this site in order
to preserve as many trees as possible.
Preliminary storm Sewer Drawinq
*15.At CB #4 and CB/MH #3, the storm sewer pipe crossing
elevations will intersect with the existing sanitary sewer.
Adjustment of storm sewer grade is necessary to avoid the
sanitary sewer.
16. The drainage for most of the area flows to a low area on Lot
7. The drainage system can be designed to flow to this low
area. The developer' engineer should address the existing
drainage and the development's runoff rates and volumes, and
how the development will affect the storm water.
17. An executed developer's agreement
with the Cit~ at the May 17, 1993
plat and proJect is approved.
* Those items with an asterisk are items that will be addressed
by Maier-stewart, Inc., the City's consultant who will
prepare final plans for the project, if approved.
needs to be enter
Council meeting, if
into
the
(MEM029)
IISU03PC"
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
1
CONSIDER PRELIMINARY PLAT APPROVAL FOR FOREST
OAKS FIRST ADDITION.
ROBERT PASCHKE
3.7 ACRES LOCATED NORTHEAST OF THE
INTERSECTION OF FOREST CIRCLE AND FISH POINT
ROAD.
HORST GRASER, BRUCE LONEY
X YES NO
- -
MAY 6, 1993
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
HISTORY/BACKGROUND:
The Planning Department received an application for subdivision
from Robert Paschke, 4070 Grainwood Trail, Prior Lake, MN 55372.
The proposal is to divide 3.7 acres of R-1/S-D land into 8 single
family lots. The subdivision is bein9 processed according to
section 6-3-1, Abbreviated Subdivislon Process of Prior Lake
Ordinance 87-10. See attached materials for reference to the
subdivision application.
PHYSIOGRAPHY:
The property contains a deep depression (approximately 14 feet
from the lowest point to Fish Point Road) in the southwest
quadrant of the plat. The highest point of the site is located
in the northeast quadrant where the elevations are between 950
and 956. The propert~ generally slopes from northeast to
southwest from elevatlon 956 to elevation 920. There are no
wetlands on the property as defined by the Wetlands Act of 1991.
The entire site is wooded with a mixture of mature trees, scrub
brush and wild flowers.
ADJACENT USES:
To the north and west of the site is shan9ri-La, a subdivision
platted in 1978 and developed with prlmarily 10,000 - 12,000
square foot lots. The subdivision is fully developed with
single family homes built in the late seventies and early to mid
eighties. The property to the south is Maves Second Lake
Addition which fronts on Prior Lake, was subdivided in 1956 and
is developed with a mixture of single family homes and cabins
ranging from recent construction to 1950's style homes. The
property to the east is virtually fully developed with homes
built upon metes and bounds tracts of irregular size and shape.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY E.\,\PLDYER
Fish Point Road is classified as a local street and as such is
developed with direct driveway access to the street. The curb
consists of bituminous material that has eroded or been damaged
throu9h the years. As a result, storm water is not well
contalned within the existing system. Forest Circle is a gravel
road which was dedicated to the City as Outlot A, Shangri-la in
1978. The city Council stated that "Outlot A shall remain
private until the property to the east develops and that the City
and developer at that time will convert Outlot A to a public
roadway status." (See attached Council minutes for reference.)
The current Subdivision Ordinance prohibits half streets and
requires improvements for all lots within the subdivision. The
Outlot was originally owned in fee by Lawrence Schweich who has
deeded the outlot to Mr. Paschke. The Cit~ will require that the
title of Outlot A be transferred to the Clty of Prior Lake along
with additional dedication of street within the plat of Forest
Oaks, to upgrade Forest Circle and Forest Court to current city
standards. The applicant has an agreement with the four
adjacent property owners fronting on Forest Circle, to partially
subsidize the costs of improving the street to City standards.
Mr. Paschke has agreed that he will pay the costs of required
improvements above $2,000 dollars, which is approximately 1/3 to
1/2 of the anticipated cost of the required upgrade.
NEIGHBORHOOD ISSUES/IMPACT/CONCERNS:
Staff anticipates that the neighborhood may object to the
proposed development due to the anticipated tree loss as a result
of proposed grading. The site is located within the Shoreland
District and therefore cannot be clear cut. However, the 3.7
acres is vacant land, zoned R-1, Single Family residential and is
the last vacant property to be developed within the neighborhood.
Unfortunately, as a small, infill property, there is little
design flexibility for the plat. The site constraints are as
follows: Forest Circle must be upgraded as per the Subdivision
Ordinance and City Council direction given in 1978. In order to
upgrade the street, the grades between the subject site and
existing Shangri-la must be matched.
There is no option to raise the grade of Forest Circle due to the
existence of the four homes located to the west. In order to
match grades and provide for access from Forest Circle to
proposed Forest Court, an approximate ten foot cut will be made
into the property. The existing site contains the remnants of
the cut made in 1978 when adjacent Shangri-la was graded. In
addition to the cut for the street, additional cut and grading
will be required in order to accommodate house pads and
acceptable driveway grades along Forest Court. Staff has
reviewed several options for a road improvement to serve the site
including the possible extension of Kortsch Trail. However,
topographic and existing development constraints leave little
opportunity other than the cul-de-sac which is proposed.
PROBLEMS{OPPORTUNITIES:
The appllcant has the right to develop the property according to
the provisions of the Subdivision and Zoning Ordinances. The
minimum lot size requirement is lO,OOO square feet with 80' of
width, measured at the front setback line. The proposed lots
exceed the re9uirements of the Zoning Code. The maximum density
allowed withln the Zoning District is 3.5 units per acre. The
development proposes a density of 2.51 units per acre, well below
the maximum specified by the Zoning Ordinance.
The applicant has shown that he can serve the site with required
road and storm sewer improvements. The improvements will correct
several deficiencies within the immediate neighborhood including:
Existing Forest Circle encroaches over the front property lines
of Lots 2 and 3, Shangri-la. The development would correct this
situation by moving the paved road within City right-of-way and
improve the appearance, drainage, dust control, maintenance and
access to the subject site and adjacent properties. In addition,
storm sewer drainage will be improved by the introduction of
storm sewer, curb and gutter to the site. Water that currently
drains to the lake from the gravel surface of Forest Circle, will
be directed to appropriate storm sewer systems in shangri-la Park
or treated on site, within a ponding area in the southwest
corner.
Unfortunately, the cost for improving the road, storm sewer, and
access to Shangri-la park, will result in the loss of tree cover
on the site. Please note that the Shoreland Ordinance precludes
clear cutting property however, selected removal supplemented
with replantin9 is permitted. Staff suggests that the Planning
commission conslder placing conditions on plat approval to submit
a grading plan which recognizes the existing tree cover and will
result in minimal loss outside of the grading required for street
and house pads, while providing for adequate storm water
drainage. A plantin9 plan may also be required by the Planning
commission as a condltion of plat approval, to meet objectives of
the Shoreland District.
DEVELOPMENT ANALYSIS
PLANNING CONSIDERATIONS:
The proposal is to develop the 3.7 acre site into 8 single family
lots as indicated on the attached plans. The grading plan
indicates that the style of homes will be a combination of
split-entry/tuck under, split entry, rambler/tuck under and
split- entry/walk out. The home styles have been chosen and
indicated on the plat in order to minimize the extent of grading
needed to accommodate the specified home designs. Lot 7 will
gain access from Forest Circle and grading is anticipated on the
northern part of the lot for the house pad and driveway. Lot 8
is proposed to be graded for a home pad on the northerly part of
the lot. This lot will have a long driveway access form Fish
Point Road. Existing tree cover will be retained along the
southerly and most northerly perimeter of the plat.
storm sewer will be located within Forest Circle. storm water
will be retained on site within the depression located in the
southwest corner of the site. This area may, at times, pond
water however, staff anticipates that it will be relatively dry
most of the year due to underlying soils which allow water to
rapidly permeate the surface. A storm sewer overflow pipe will
be installed near the depression in the event of severe storm
ponding. In the event that water reaches the elevation of the
overflow pipe, water will be carried throu9h a storm sewer system
to the north and intersect with an existlng system which drains
through Shangri-la park and ultimately to several wetlands
located within the park.
Forest Court and Forest Circle will be upgraded to permanent
residential streets. It is anticipated that Forest Circle will be
paved only to a point beyond the most northerly driveway located
on Lot 1, Shangri-la. At a future date, it is anticipated that a
storm sewer pipe will replace the existing drainage ditch and a
park trail will be constructed above the storm sewer pipe.
A memo from Bruce Loney, Assistant City Engineer dated April 27,
1993 outlines the comments and requirements of the City Engineer
related to the preliminary plat. In addition, please see letter
from Pat Lynch, April 9, 1993, memo from Ralph Teschner dated
April 8, 1993 and memo from Bill Mangan dated April 27, 1993 for
reference to comments related to the preliminary plat.
ALTERNATIVES:
1. Approve attached Resolution 93-02PC approving the preliminary
plat of Forest Oaks Addition subject to the conditions stated
therein and finding that the subdivision is consistent with
the City Subdivision, Zoning Ordinance and Comprehensive
Plan.
2. Continue the item for further review. If this option is
chosen a special Planning Commission meeting must be
scheduled prior to May 11, 1993. This item is scheduled to
be heard by the City Council on May 17, 1993 for preliminary
and final plat approval. The date of May 17 is critical
because the developer requests that the City install
utilities. May 17, 1993 is the deadline for the city to
approve the bonding process for public improvement projects.
3. Deny the preliminary plat for specific reasons stating how
the plat is inconsistent with the requirements of the
Subdivision Ordinance, Zoning Ordinance and Comprehensive
Plan.
RECOMMENDATION:
Alternative 1 or 2.
RESOLUTION 93-02PC
RESOLUTION OF THE PRIOR LAKE PLANNING COMMISSION
ESTABLISHING FINDINGS OF FACTS AND CONDITIONS TO APPROVAL
OF THE PRELIMINARY PLAT OF FOREST OAKS FIRST ADDITION.
MOTION BY
ARNOLD
SECONDED BY
LOFTUS
WHEREAS, that the Prior Lake Planning Commission conducted a
Public Hearing on the 6th day of May 1993, to act on a
application submitted by Robert Paschke for a
Preliminary Plat for Forest Oaks First Addition; and
WHEREAS, that notice of the hearing on said motion has been duly
published and posted in accordance with the applicable
Minnesota Statutes; and
WHEREAS, the Planning Commission found the plat of Forest Oaks
consistent with the Comprehensive Plan and compliant
with the Prior Lake Subdivision and Zoning Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE PRIOR LAKE PLANNING
COMMISSION TO APPROVE THE PRELIMINARY PLAT OF FOREST OAKS FIRST
ADDITION SUBJECT TO THE FOLLOWING CONDITIONS:
1. Those conditions outlined in the attached memorandum
from Bruce Loney dated April 27, 1993.
2. The City is given fee title to Outlot A Shangri-La in a
method approved by the City Attorney.
3. The tree replacement plan is acceptable to the Planning
Director.
4. The Developer agrees to subsidize the improvement cost
above $2000.00 to those properties on Forest Circle
benefitting from the improvements required as part of
Forest Oaks First Addition.
5. The Developer enters into a signed Developers Agreement
by May 17, 1993.
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AJ"I EQUAL OPPORTUNITY EMPLDYER
6.
Augment the grading plan by indicating house
elevations and home style and as approved by the
Engineer.
7. Grant any additional drainage and utility easements as
deemed necessary by the City Engineer.
~ad
Clty
Passed and adopted this 6th day of
YES
May
1993.
NO
Roseth X Roseth
Arnold -X- Arnold
Loftus -X- Loftus
Wuellner Abstained Wuellner
Greenfield X Greenfield
{Seal}
- NOTICE OF CORRECTION -
IISU03PN"
NOTICE OF SUBDIVISION PUBLIC HEARING
FOR FOREST OAKS FIRST ADDITION
You are hereby notified that the Planning Commission will hold a
Public Hearing in the Prior Lake city council Chambers at 4629
Dakota Street S.E., on Thursday, May 6, 1993 at 7:35 P.M.
The purpose of the hearing is to consider the subdivision of the
following legally described property into eight lots for single
family development purposes.
LEGAL DESCRIPTION:
That part of Government Lots 1 and 2, section 36, Township
115, Range 22, Scott County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 1; thence
north along the east line of said Lot 1, a distance of 400.00
feet; thence deflecting to the left 89 degrees 22 minutes 00
seconds a distance of 600.00 feet to the actual point of
beginning; thence continuing along the last described course
a distance of 302.30 feet; thence south parallel with said
east line a distance of 473.3 feet more or less to the new
right-of-way line of Maves Road; thence southeasterly along
said new right-of-way and right-of-way line to its
intersection with a line drawn south parallel with said east
line from the point of beginning; thence north along said
parallel line to the point of beginning.
Or more commonly described as:
Approximately 3.7 acres of vacant land located north of Fish
Point Road and east of Forest Circle.
If you desire to be heard in reference to this matter, you should
attend this hearing. The Planning Commission will accept oral
and or written comments. If you have questions regarding this
matter, con~act the Prior Lake Planning Department at 447-4230.
~.1 ;
J0-CJJ:lJCifJGG<J"J
Deb Garross
Assistant City Planner
Date Mailed: April 19, 1993
4629 Dakota S1. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTCNITY EMPLDYER
APPLICATION FOR 'mE SUBDIVISICN OF LAND
WrnUN '!HE CITY OF PRIOR LAKE
5U/l02-Q3 . #9
Q ~.6J 7
"
to
Property Owner:
Address: '-1 () 1 (')
Subdivider:
Address:
Agent:
Address:
ROb~~\ P AscA(.::.c.
7/01] /A/ ': DO Y R.tDri L
JH..'II. PA-.5.t- J'-(
Phone:
Y'{ 1- '-p...~ (.
Phone:
Phone:
Name of Surveyor:
Name of Engineer:
V\l\\\~'{
Ro ~J s w A ~ 10 IV
Phone:
Phone:
441- "2 'S" 70
Legal Description of Property: 1. g ,q. c..1t(..j ..:I
~ po,~ ~os4~
5,R,l 12:?t:uA1LJ d ~ C;;,
Property Idenification Number (PID):
Present Zoning:
R
Property Acreage:
'3 $ +
Deed Restrictions: No '/...., Yes
If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or
conditional use permit on the subject site or any part of it:
No y..... Yes_ What was requested:
When:
I have read the Prior Lake Subdivision Ordinance and agree to provide the
information and do the work in accordance with the provisions of the ordinance.
f2c6.d- 4. p~ ;;./ /1 / ?3
Applicants Signature Date I I
,&dr-f- J4 ~ ~~
Fee Owners Signature
Date
'nUS SEO'ION 'ro BE FILLED IN BY 'mE PLANNIN:; DIROCI'OR
DATE OF HEAR.IN3
DATE OF HEAR.IN3
PI..ANNIN:; COMMISSICN
CITY CQ{JOCIL
APPROlID
APPROJID
DENIED
DENIED
CONDITICNS:
Signature of the Planning Director
Date
FOREST OAKS FIRST ADDITION
PRIOR LAKE, MINNESOTA
A
RESIDENTIAL DEVELOPEMENT
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oWNER! DEVELOPER
ROBERT A. PASCHKE
16520 Inguadona Beach Circle
Prior Lake, Mn. 55372
Ph. (612) 447-4236
ENGINEERING CONSULTANT
VALLEY ENGINEERING CO., INC.
7301 Ohms Lane
Sui te 500
Minneapolis, Mn. 55439
Steven Harvy PE
Ph. (612) 832-9475
SURVEYOR/DESIGN CONSULTANT:
VALLEY SURVEYING CO., P.A.
16670 FRANKLIN TRAIL SE
SUITE 120-C
PRIOR LAKE, MINNESOTA 55372
Telephone: 612-447-2570
SURVEYING AND PLANNING
Ronald A. Swanson, R.L.S.
FOREST OAKS FIRST ADDITION
PAGE 1
NARRATIVE
EXHIBITS
TABLE OF CONTENTS
Property Legal Description
Property Zoning Classification
Property Location
Existing Site Conditions
Existing Storm Water Runoff
Steep Slopes and Erosion Control Measures
Vehicular Access
Architectural Standards
Tree Planting Schedule
Proposed location of utilities
Request for Subdivision
Site Data, Density, Areas etc.
Forestry Report
Area Location Sketch
Preliminary Plat
Preliminary Grading and Drainage Plan
Preliminary Sewer and Water Plan
Existing Conditions and Forestry Inventory
Sewer, Water and storm Sewer plan and profile
PAGE
2
2
2
3
3
3
4
4
4
5
5
5
6-10
11
12
13
14
15
16-18
FOREST OAKS FIRST ADDITION
Page 2
PROPERTY LEGAL DESCRIPTION:
That part of Government Lots 1 and 2, Section 36, Township 115, Range 22,
Scott County, Minnesota described as follows:
Commencing at the southeast corner of said Lot 1; thence north along the east
line of said Lot 1, a distance of 400.00 feet; thence deflecting to the left
89 degrees 22 minutes 00 seconds a distance of 600.00 feet to the actual point
of beginning; thence continuing along the last described course a distance of
302.30 feet; thence south parallel with said east line a distance of 473.3
feet more or less to the new right-of-way line of Maves Road; thence
southeasterly along said new right-of-way and right-of-way line to its
intersection with a line drawn south parallel with said east line from the
point of beginning; thence north along said parallel line to the point of
beginning.
PROPERTY WNIHG CLASSIFICATION:
The property is presently zoned R-1 Single Family Residential and the
requested use for this project is also R-1 Single Family Residential.
PROPERTY LOCATION:
The property is bounded on the south by Fish Point Road, on the east by
single family metes and bounds houseing and on the north and west by the plat
of Shangri La and is approximately 3/8 mile west of Highway 13. Access to
Highway No. 13 would be via the signal lights at Fish Point Road and Highway
13 intersection.
FOREST OAKS FIRST ADDITION
PAGE 3
EXISTING SITE CONDITIONS:
The property is completely wooded with a mixture of tree types and sizes as
indicated on the enclosed forestry report. There are no visible areas of
erosion or soil disturbance on the site at this time. The existing Forest
Circle located along the west edge of the property is not a public street at
this time and is a rough graded gravel drive that provides access to Fish
Point Road for three homes wi thin the plat of Shangri-La. There is a low
swale along the north side of Fish Point Road which has no outlet but does
not show signs of flooding at this time. The proposed subdivision will
provide a storm sewer outlet for this.
Public sanitary sewer, water and electrical services are available to the
site via Forest Circle and Fish Point Road at this time.
EXISTING STORM WATER RUNOFF:
Predeve10pment stormwater runoff flows northerly into the Shangri-La park and
southerly into a low swale area wi thin the property. and then into Prior
Lake. Preliminary review of the site indicates that a portion of the surface
water runoff could be directed into the low swale area to the south and
cleaned up before it flows north via the proposed storm sewer pipe and the
balance by the existing system within the park area. All required storm sewer
and utility easements will be provided wi th the final plat after final
construction plans are completed and approved by staff.
STEEP SLOPES AND EROSION CONTROL ME.ASUIDS:
There are no steep slopes on that portion of the property being proposed for
developement. All of the disturbed areas will be protected with silt fencing
and by seeding the disturbed areas as soon as possible after the site grading
is completed. As required by city ordinance proper erosion control and runoff
containment will be maintained during construction of the houses. Upon
completion of the building construction and utili ty hookup all disturbed
areas will be dressed off and covered with sod or seeded.
FOREST OAKS FIRST ADDITION
PAGE 4
VEHICULAR ACCESS
The access to the site from Highway 13, will be via Fish Point Road or 150th
Street. Because of the existing signal lights at Fish Point Road this would
seem to be the logical access point for Highway 13 at this time.
ARCHITECTURAL STANDARDS
It is the intention of the developer to have custom built frame houses with
attached garages and a mixture of individual house designs using earth tone
color or wood exterior finish. The anticipated sales price for the finished
house and lot is $120,000 to $150,000 range. This should provide a good mix
between the existing housing to the west and east.
TREE PLANTING SCHEDULE
Tree p1antings will be done with the house construction in accordance with the
attached tree planting plan and after all utilities are in place.
FOREST OAKS FIRST ADDITION
Page 5
PROPOSED LOCATION OF UTILITIES
All newly installed electrical, phone and cable lines will be underground and
constructed within the 10 foot utility and drainage easements provided outside of
the street right-of-ways. In some areas they may cross under the streets to
shorten the service length. this will be at the option of the utility companies.
It is not the developers intention to install street lighting at this time.
REQUEST FOR SUBDIVISION
The proposal as presented is for preliminary plat approval to subdivide the
property into 8 single family lots. The lot areas range from 10,000 square
feet to 39,900 square feet. The widths are from 88 to 90 feet at the building
setback lines. This property is the last vacant land in the neighborhood and
these areas and widths are in harmony with the existing lot sizes in the
neighborhood and appears to be a logical conclusion to the development of the
property along Fish Point Road.. The existing driveway access has been
constructed on Outlot A, of the plat of Shangri-La. This plat was approved by
the City Council in June 1978. At that time it was understood that Outlot A
should remain private until the property to the east was ready to develope,
at that time the City and the developer would convert Outlot A, to a public
roadway. At that time there were 2 lots to be served by the Outlot, since that
time an additional lot was created. At this time the developer has aquired fee
title the Outlot and will deed it in fee to the City as a part of this
project. The developer has met with the adjoining owners to the west and has
reached an agreement with them on sharing the cost of the street improvement
portion of Forest Circle on this project.
It is anticipated that the park dedication will be in the form of cash and the
developer is requesting that the improvements be done under a 429 project by
the City.
SITE DATA & DENSITIES:
GROSS AREA OF PLAT
3 .76 ACRES
AREA OF STREET R/W IN PLAT
0.58 ACRES
NET AREA OF PLAT
3.18 ACRES
TOTAL PROPOSED LOT
8
NET DENSITY
8/3.18
2.51 DU AC.
Introduction
This is a report on the forest cover types for the Forest Oak preliminary plat.
The mature trees on this site are Red Oak, Basswood, White Oak, and Bur Oak. The
saplings or new growth include Basswood, Ironwood, Aspen, Hickory, Elm, Ash,
Boxelder, and Sugar Maple. A few Black Cherry and Cottonwood are scattered
throughout. For simplification, those Oak trees listed as Red Oak may include Pin Oak
and Black Oak, which belong to the Red Oak Family of Oak trees. Trees on this site
appear healthy.
The accompanying map shows the site divided into five cover types. Of this area of
mixed hardwood we have the following types:
,
1.
2.
3.
4.
5.
Trembling Aspen
Predominately Boxelder, Elm
Big Tooth Aspen
Predominately Red Oak, Basswood. White Oak
Predominately Basswood, White Oak, Ironwood
t
~
Note: Each cover type listed begins with the most prevalent species.
1
I
j
Cover Type 1: TremblinQ Aspen
'"'1
. This is a young. healthy, thin stand less than 10 years old
.
. Area of stand is less than one-quarter acre.
. Sizes are 5" dbh or less.
Cover Type 2: Boxelder, Elm
. Size of 8" or less dbh.
. Only concentrated stand of Boxelder.
. Larger trees are absent in this area.
Page 6
Cover Type 3: Biq Tooth Aspen
. A small stand, one-quarter acre or less.
. 6 to 8" dbh.
. Young, healthy trees.
Cover Type 4: Red Oak, Basswood, White Oak
. This area has the highest number of trees per acre (about 130 trees per acre).
. Average Red Oak dbh is 16"; dbh's range from 12 to 20".
. Basswoods are smaller. Average dbh is 10". Trees range from 5 to 18" dbh.
. The least frequent trees are White Oaks. Their average dbh is 12". range is 8 to
17" dbh.
, ,
,
j
. Sizes and numbers of trees from Cover Type 4 were found by measuring trees in a
representative one-fifth acre sample.
'1
~
Cover Tvpe 5: Basswood. White Oak, Ironwood
-,
,
\
l
, .
. Trees in this area are more sparsely populated than Cover Type 4. 50 mature trees
per acre estimate.
.. Trees have a larger average diameter than Cover Type 4.
. Ironwood is established. Numerous small trees.
. Very few Bur Oak in this area.
Conclusion
. The large high-quality trees that are found on all sites are very susceptible to
construction damage, either by filling over with soil, compaction from equipment, or
excavation.
. A minimum safe distance fr~m these trees would be the drip line (the area around
the base of the tree that is determined by the outermost edge of the branches).
Page 7
. If drainage patterns change, soil and moisture conditions will change, thus affecting
the health and vigor of the trees.
. It is a good practice to keep desirable small trees because they can survive
construction and eventually replace the old trees when they die.
-:,
.
-J.
:J
-{
i
"l
!
, .
Page 8
caliper:
dbh:
drip line:
"7! Common Name
...l
Ash, Green
"l
j Aspen, Big Tooth
-, Aspen, Trembling
.
.J
Basswood
. .
...J Boxelder
Cherry, Black
Cottonwood
Elm
Hickory, Bitternut
Maple, Sugar
Oak, Bur
Oak, Red
Appendix A
FORESTRY TERMS
The diameter measured near the base of a tree, common
in nursery stock.
The diameter at breast height-universal forestry term to
describe tree sizes.
the boundary of the area of a tree defined where the water
would drip from the outermost branch tips.
LIST OF TREE SPECIES
Scientific Name
Fraxinus pennsylvanica
Populus grandidentata
Populus tremuloides
Tilia americana
Acer negundo
Prunus serotina
Populus deltoides
Ulmus species
Carya cordiformis
Acer saccharum
Quercus macrocarpa
Quercus rubra
Page 9
CREDENTIALS
James K. Spieker
14226 Ash Circle N.E.
Prior Lake, MN 55372
Phone: 445-8569
. Forestry and Watershed Management, University of Minnesota
. Agriculture Education, University of Minnesota
. Lumbe~ack Tree Service, Owner/Operator
. Forest Service, Technician
,
. Scott County Soil and Water Conservation District, Technician
. Johnson Logging, Timber Buyer
PagE: 10
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Vafley Surveying Co., P. A.
SUITE 12O-C, FRAN<UN TRAll.. OffICE CONDOMINIUM
1661'0 FRANKUN TRAIL 5.E.
PRIOR LAKE, MINNESOTA !l!l31'2
TELEPHONE (612) 447-2:)1'0
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SITE LOCATION
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FORE sf OAKS .FIRS"V"ADDITlON
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i_~:::r~'~-== _~.~_______
rilE ,.,,~__: f10CIt __ rIlG(__
March 30, 1993
City Of Prior Lake
4629 Dakota Street
Prior Lake, MN 55372
Attention: Mr. Larry Anderson
Dear Mr. Anderson:
This letter is to request that the preliminary and final
plat for Forest Oaks be processed jointly.
It is our intention to provide all needed material as requested.
Regards,
R~IJ. p~
Robert A. Paschke
AGREEMENT
Upon acceptance of final plat approval by the City of Prior Lake,
the developer of Forest Oaks, consisting of eight lots at the
NE corner of Forest Circle and Fish Point Road, agrees to be
responsible for road improvement costs exceeding $2,000 per
existing home as outlined below.
The following home owners agreed to be responsible for payment
up to $2,000 for said improvements:
Craig Vogt
15200 Forest Circle S.E.
Prior Lake, MN 55372
r4J-J~
~~
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)
Glen and Lisa Sass
15220 Forest Circle S.E.
Prior Lake, MN 55372
Dan Hershy
15325 Fish Point Road S.E.
Prior Lake, MN 55372
~ Mark and Sue Grinager
15234 Forest Circle
Prior Lake, MN 55372
c/o Dan anc Ursula P1uhm
~~~~ ~
The above signatures were witnesses
by,{::;;.tl
Robert A. Paschke, President
JMP Development Inc.
Agreed and accepted by:
-it ~~ CLM.NlLymLiCiv.:;to ~ ~ ~ J/UA.{) Jlm>~
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"A Family Tradllion Since J955-'"
t'UHl..I1A::>t: Al>Ht:t:Ml:N I
This kwm Ilpprovoo by !he Mnnooota AuociJllion 01
REAL TOOS~: Minnewl:l Association 01 REAL TORS4I
osdaims any &abihty arising out 01 use ()( misuse 01 f1is Iofm.
I. Date
2. Page I 01
;7/tf-1cA 111m
I
Pagos
3. RECEIVED OF
.c.
5. the
6. by
IArJ,'t-I. aI'J" fM StJ tV f1cJJl'M
7. before the nex1 buslne"" day ollor acceptence, In a Irum account of listing broker but 10 be returned \0 Buyer II Purchase
8, Agreemenl la nol accopted by lIer. aid earnest ney Is pall paymenl for the purchase of the prop9rty locat9d at:
9. Street Address: ~ f .
I O. C~y 01 Vo' Cl., . County of Stale 01 Minnesota.
I'. Laganyd9sClibodas: ~~_fIf
12. f'.r;-p 1J; :z.S - If, 500</ - 0 : ad' ~ (.LJI'S Z, 3. <I, 13!()U- I ~n~' [11./
13. Including the following property, If any, owned by Seller and US9 and Iocat9d on said property: gard9n bulbs, plants, shrubs, and
14. trges; storm sash, storm doors, sCleens and awnings; window shades, blinds, traverS9 and curtain and drapery rods; allached lighting
IS. fixtures and bulbs; plumbing fixtures, water heater, heating plants (with any burner~kers and other equipment used in
16. ronnection th9r9with), buin,.n air conditioning equipment, 91oc1ronic air fin9r, Wster SoHen QWliE RENTED I NONE buin,in humidifier
I.........
17, and dehumidifier, 6quid gastank and controls (if the proper1y of Seller), sump pump; allach9d tel9vision antenna, cable TV jacks
18, and wiring; BUlL T.INS: dishwashers, ga,bag9 disposals. trash compadors, ovens, cook top stoves. microwave ovens, hood lans.
19. inte1roms; ATIACHED: carpellng; mirrors; garage door openera snd all controls; smoke detectors; fireplace screens, doors snd
20, heatolatora; AND: Ihe lollowlng personal property:
21.
22.
23. aft of which property Sener has this qay agreed to sell to Buyer for sum of: ($ 89,000. IJO
24. ELM nl(\,l.. fhol<.oJ4"eL '
25. which Buyer agrees to pay in the lollowing manner: Earn9st money 01 $ 5()().00
26. and $ /.:5.5~,fPO cash on or befOle "/30/'1& . the date of closing, and
27. the balaOC<l 01 $ ~. ~7~~OF'0(70 by financing in accordance w~h the allached addendum:
28. Conventional ~) VA All,S~ Coo_a__or _!led Other:
..c...dte......w.t
29, This Purchase Agreement is ~bjoc1to 8 _ hour contingency addendum, (If answer is IS, see allached addendum.)
30,' This Purchase Agreement IS ~@bjoc1to cancellation of a previously wrillen Purchase Agreement dated
)
Dollars
31. AlIached are other addenda which are made a part 01 this Purchase Agreement. (Enter page or pages on line 2)
32. DEED I MARKETABLE TITLE: Upon performaOC<l by Buyer, Sener shal deliver 8
33. joined in by spouse, n any, conveying marl<.etable t~le, subject to:
34, (A) Building and zoning laws, ordinances, state and lederal r9gulations: (B) Restriclions relating to use or improvement of the property w~hout
3S, effective forfe~ure provisions; (C) Reservaton 01 any mineral rights by the State 01 Minnesota; (D) Uti1~y and drainage easements which do not
36. interfere with existing improvements; (E) Rights of tenants as lollows (unless specilied, not subjoc1lo tenancies):
37.
38. (F) Others (Must be spocified in wr~ing):
~uJ
Warranty Deed
39, REAL ESTATE TAXES shall be paid as follows:
40, Buyer shan paY,QlOrated Irom dav 01 closlnn-"" 12ths. all none real estate taxes due and payable in the year '9~.
l"*~cn-r
41. Seller shall paC- ~ated to dav 01 clos~ 12ths all. none real estatelaxes due and payable in the year 19~ In the event
ldrd<l....
42. the closing date is changed, the real est ale tax~hall, n prorated, be adjusted to the new closing date. Seller warrants
43. taxes due and payable in the year 19...2Y., win be ' ART,NON ,homestead class~ication. In the event part or non,homestead
"'-
44. classification is circled,Sener agrees to pay Buyer at closing $ ~ () _
45, toward the non,homestead por1ion 01 the real estate taxes, Buyer agrees 10 pay any remaining balanc9 01 non-homestead taxes when they
46, become due and payable. Neither Seller nor Agent(s) make any representation concerning the amount 01 subsequent real estale taxes.
47, SPECIAL ASSESSMENTS shan be paid as !ollows:
48. 6UYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSIN~LLER SHALL PAY ON DATE OF cLositEnn inslaJlments
(drM'"
49, of special assessments ce'Jilied ~r ~ment with the real estate taxes due and payable in the year of closing.
50, BUYER SHALL ASSUME ~EL E HALL PAY (1 date of closing all other special assessments levied as of the date of closing.
let....
51, BUYER SHALL ASSUMGSELLER SHALL PROViDE FOR PAYMENT O(,Si:looal assessments pending as ofthG dale oItNs agreemenl for
l<*da 0l'WIt
52, implOvements that have been ortlered by the Oty Gourdl or other assessing autholities. (Seller's provision lor payment shall be by payment into
53, escrow of 2 times the estimated amount 01 the ~ssments, 01 less as required by Buyer's lender.)
54, BUYER SHALL ASSUME rfuLER SHALL ~ date d closing any deferred real estate taxes or special assessments payment d which is
......-
55. required as a lesun of the closing oIlhis sale. Buyer shan pay real estate taxes due and payable in the year following closing and thereafter
56. and any unpaid special assessments payable therewith and theroafter, the payment of which is not otherwise provided.
57. Seller and Buyer In~lal: Sener(s) .;;?1f.(j ~ 1., Date '3-1,)-93 Buyer(s) '0 ,,\>. U .\'
58, ER 171>1 (:W2) ~
Date :; . \ \ . (i_~
mMU(!)
I
~
.A Family Tradlllon SInce 1955....
PURCHASE AGREEMENT
102, Add,ess ----.l:22J <j rov~:I- e~
103, Page 3 Dale
104. AS OF THE DATE OF Tl-IIS AGREEMENT, SELLER REPRESENTS THAT SELLE~iAS NOT RECEIVED A NOTICE OF HEARING
.....-
105. FOR A NEW PUBLIC IMPROVEMENT PROJECT FROM ANY GOVERNMEtfTAL ASSESSING AUTHORITY THE COSTS OF WHICH
106. PROJECT MAY BE ASSESSED AGAINST THE PROPERTY. IF A NOTICE OF PENDING SPECIAL ASSESSMEI-n IS ISSUED AFTER THE
107. DATE OF THIS AGREEMENT AND ON OR BEFORE THE DATE OF CLOSING, BUYER SHALL ASSUME PAYMENT OF
1O@ONE/OTUE8; OF ANY SUCH SPECIAL ASSESSMENTS, AND SELLER SHALL PAY
letd'._1
109, ON DATE OF CLOSING (OR ESCROW FOR PA YMENT AS PROVIDED ABOVE) ALL ~..QI.t!fB;
I.-I
110, OF ANY SUCH SPECIAL ASSESSMENTS. IF SUCH SPECIAL ASSESSMENTS SHALL EXCEED $
,1" THIS PURCHASE AGREEMENT SHALL BE NULL AND VOID, PARTIES AGREE TO SIGN CANCELLAT101'l1WPURCHASE AGREEIJER'f
112. AND ALL EARNEST MONEY PAID HEREUNDER SHALL BE REFUNDED TO BUYER, UNLESS ONE OR BOTH OF THE PARTIES
113, AGREES IN WRITING ON OR BEFORE THE DATE OF CLOSING, TO ASSUME, PAY,OR PROVIDE FOR THE PAYMENT OF SUCH EXCESS.
114, POSSESSION: Sollo, shall dolivo, possossion of tho p'operty notlalo, than ;~d)~.L, aNe, closing.
115. An Into,est, homeowno, association duos, ronls, luo' oil, liquid pOlroloum gas and a~ cha'gos for city wafor, chy sowor, eloc1ri:::ily and natural
1 16. gas shall 00 p,o,atod oolwoon tho partios as of M H /J.-.. c(~'!f. CU~q
117. Sollo, ag'oos to 'omove ALL DEBRIS AND ALL PrnSOf.fAL PROe:ER1YNOTlNCiDDH~HtJrrlm,om IRe pfOp9rty by possessIOn date:
118.' ENVtRONMEtfTAL CONCERNS: To the besl of Ihe Soner's i<rooY;ledgelhore are no hazardous subslances, o,undorground slOlage lanks, excopt
119. herein I1Otoo:
120.
121. SPECIAL WARRANTlES: J (
122. SELLER WARRANTS TIiAT THE PROPERTY IS DIRECTLY CONNECTED TO: CITY SEWER ~ YES 0 NO CITY WA TER g YES 0 NO
123, SELLER AGREES TO PROVIDE WATER QUALITY TEST RESULTS AND/OR SEPTIC SYSTEM CERTIFICATION IF REQUIRED BY
124. GOVERNING AUTliORITY AND/OR LENDER. SELLER WARRANTS THAT ALL APPLIANCES, HEA TlNG, AIR CONDITIONING, WIRING
125, AND PLUMBING SYSTEMS USED AND LOCATED ON SAID PROPERTY V,1LL BE IN WORKING ORDER ON THE DATE OF CLOSING,
126. EXCEPT AS NOTED ON AHACHED ADDENDUM, BUYER HAS THE RIGHT TO INSPECT PROPERTY PRIOR TO CLOSING.
127, BUYER ACKNOWLEOOES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE BY EITHER SELLEROR AGENT(Sl REGARDING
128. POSSIBLE PROBLEMS OF WATER IN BASEMENT, OR DAMAGE CAUSED BY WATER OR ICE BUILD,UP ON mE ROOF OF THE PROPERTY
129, AND BUYER RELIES SOLELY IN THAT REGARD ON THE FOlLOWING STATEMENT BY SELLER:
O,,,:\SELLE~D A WET BASEMENT, AND HA~D ROOF, WALL OR CEILING DAMAGE CAUSED BYWATER
,~.I),.,,~ ~
131. OR ICE BUILD.UP. BUYE~HAS NOT RECEIVED A REAL ESTATE TRANSFER DISCLOSURE STATEMENT
ldld. c:net
132, BUYER HAS RECElVED THE TRUTH IN HOUSING INSPECTION REPORT,IF REQUIRED BY MUNICIPALITY.
133. BUYER HAS RECEIVED THE WELL DISCLOSUff STATEMENT REQUIRE BY 1.11 NESOTA STATUTES SEC. 1031.235.
134, BUYER & SELLER INITIAL: Buyer(s) n ~. 1),.,1:.. Seller(s)',
135. OPTIONAL AND VOLUNTARY HOME BUYER/HOME SELLE RBITRATlON SYSTEM
136, ANY CLAIM OR DEMAND OF SElLER(Sl, BUYER(S), BROKER(S) OR AGENT(S),..OR ANY OF THEM, ARISING OUT OF OR RElATING
137. TO THE PHYSICAL CONDITION OF 1'HE PROPt.RTY COVI:f1ED BY THIS pURCHASE AGREEMENT (INCLUDING WITHOUT
138, L1MITATlON CLAIMS OF FRAUD1.!-!ISREPRESENTATION1 WARRANTY AND NEGLIGENCE), SHALL BE SETTlED BY BINDING
139. ARBITRATlON IN ACCORDANCE wiTH mE RULES, THEN N EFFECT, ADOPTED BY THE AMt.RICAN ARBITRATION ASSOCIAllON
140, AND THE MINNESOTA ASSOCIATION OF REALTORS@.A REQUEST FOR ARBITRATION MUST BE FILED WITHIN 6 MONTHS OF
141, THE DATE IN WHICH THE RELEVANT FACTS REGARDING THE CLAIM WERE DISCOVERED OR COULD REASONABLY HAVE BEEN
142, DISCOVERED. THIS IS A SEPARATE VOLUNTARY AGREEMENT BETWEEN THE PARTIES AND BROKERS/AGENTS WHICH SHALL
143, SURVIVE mE DELIVERY OF THE DEED OR CONTRACT FOR DEED PROVIDED FOR IN THIS PURCHASE AGREEMENT. FAILURE
, 44. TO AGREE TO ARBITRATE DOES NOT AFFECT THE VALIDITY OF mls PURCHASE AGREEM ENT. THIS DISPUTE RESOLUTION
145, SYSTEM IS ONLY ENFORCEABLE IF ALL PARTlES TOTHE PURCHASE AGREEMEtfT AND BROKERS/AGElfTS HAVE AGREED TO
146, ARBITRATE AS ACKNOWLEDGED BY INITIALS BELOW, ARBITRATION IS BINDING, AND PARTlClPANTS ARE THEREFORE GENERALLY
147. WAIVING THEIR RIGHTS TO CIVIL RELIEF. Cl
148,.BUYER(S) :D~. u..~ SElLER(S) STING BROKER/AGENT f'vW' SElLING BROKER/AGENT (7J---
14e, AGENCY DISCLOSURE: 1)/nI1~ /l7ti.Jl /C() ~tA STlPULA TES HE OR SHE IS REPRESENllNG
.........."'"
ISO, THE BI.0i(,/l) IN THIS TRANSACTlON. THE L1STlNG AGENT OR BROKER STIPULATES HE OR SH
151, REPRESENllNt THE SELLER IN THIS TRANSACTION, BUYER & SELLER INIllAL: Buye,(s) ~.\l. v...P Sene,(s)
152. I, the owno, of tho proporty, accopl this ag,oement and authollzo
153, the listing brokor to withdraw said property from the markot,
154. unloss instructed olherwise in writing,
155, '^27!d4 ~1ft1
156. /JJ.O ,^} C ('~ ",,(lJ ~ l"-
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I agree \0 pu,chase Iho proportl' fo, the price a"d on the
te,ms and conditions set forth above.
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161. Ftw..ACCEPTANCEDATE 3~1s~J SELlUlAGEt-IT&COMPmY ~ /Yl~~l-- - R;~ ~
162. S 5.6:UGALLY BINDING CONTRACT ETWEEN1iuy~AN5SErrrns.-
163. ER 1703 (:Y921 IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL
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