HomeMy WebLinkAbout4 - Shoreland Management Ord. Amendments 91-12 - 91-14
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AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
HERITAGE
1891
COMMUNITY
1991
18J:5fJ A/~
2Q91
4
DEB GARROSS, ASSISTANT CITY PLANNER
FIRST CONSIDERATION OF SELECTED SHORE LAND
MANAGEMENT ORDINANCE AMENDMENTS 91-12 TO
91-14
NOVEMBER 4, 1991
The purpose of this item is to consider three
amendments to the Prior Lake Zoning Ordinance.
The proposed language of each amendment is
attached and identified by Ordinance number.
Each Ordinance represents a separate proposed
amendment however, because they are
interrelated, one discussion has been
scheduled to consider all three amendments.
Each amendment has been distributed to the
Council recently in an informal memo
(September 4, 1991) from City Manager,
Unmacht. Also, the first drafts of these
Ordinances were distributed in an earlier
informal memo dated May 20, 1991.
The Planning Commission conducted a public
hearing on september 19, 1991 to consider the
proposed amendments. See attached minutes for
reference to this item. The Planning
Commission approved Ordinances 91-12 through
91-14 as written.
Ordinance 91-12 is an amendment to clarify
language that grandfathers "Lots of Record. II
The change proposed stipulates that a IILot ' of
Recordll within the Shoreland District is
subject to special conditions identified in
Chapter 9, Shoreland Regulations, of the Prior
Lake Zoning Ordinance.
Ordinance 91-13 proposes to delete an existing
paragraph in the Zoning Ordinance that is
duplicated in the Shoreland section of the
Ordinance. The setback average paragraph of
the Shoreland section contains more specific
language and staff feels it appropriate to
delete duplicate paragraph (F) from the Zoning
Ordinance.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
ALTERNATIVES:
RECOMMENDATION:
ACTION REQUIRED:
Ordinance 91-14 purposes to delete an existing
paragraph from the Shoreland section of the
Zoning Ordinance relative to administrative
variances for decks within the Shoreland
District. This provision was found in the
state Model Ordinance but has never been
utilized by the City of Prior Lake. The City
desires to review each application for
variance in the forum of a Planning commission
meeting rather than provide administrative
variances. This section has never been
utilized by staff, therefore the
recommendation is to delete the paragraph.
A copy of each exhibit has been forwarded to
the DNR for review and comment. Pat Lynch
responded in a letter dated September 19, 1991
and stated that there are no objections to the
amendments as proposed.
1.
Ap~rove the amendments as outlined in
thl.S memo.
Table discussion for further research.
Deny the amendments.
2.
3.
The recommendation is to approve the
amendments as outlined in attached Ordinance
91-12 through 91-14 as presented.
If it is the decision of the Council to
approve the language proposed in Ordinances
91-12 through 91-14, staff requests a motion
to place the Ordinances on the next Council
consent agenda for formal approval of the
respective ordinances.
"Z09102"
CITY OF PRIOR LAKE
ORDINANCE NO. 91-12
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
Prior Lake City Code Section S-4-1(C) is hereby amended to read
as follows:
(C) A Lot of Record existing on May 7, 1973 (the effective
date of this original Zoning Ordinance) may be used for
the erection of a structure conforming to the use
regulations of the zoning district in which it is
located. (Ord. 84-10) A Lot of Record located within
the S-D Shoreland District is buildable subject to the
requirements of section S-8-3(B).
Prior Lake Zoning Ordinance No. 83-6, section 4.1(C), is hereby
amended to read as follows:
(C) A Lot of Record existing on May 7, 1973 (the effective
date of this original Zoning Ordinance) may be used for
the erection of a str~cture conform~ng to the use
regulations of the zonl.ng district l.n which it is
located. (Ord. 84-10) A Lot of Record located within
the S-D Shoreland District is buildable subject to the
requirements of Section 9.3(B).
This Ordinance shall become effective from and after its passage
and publication.
Passed by the City Council
day of
of the City
, 1991.
of
Prior Lake this
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the
, 1991.
day of
Drafted By:
Deborah Garross
Assistant City Planner
city of Prior Lake
4629 Dakota street S.E.
Prior Lake, MN 55372
HERITAGE
1891
COMMUNITY
1991
r!XJ:c;(7.t ~
2Q91
"Z002P1"
NOTICE OF HEARING
TO AMEND THE PRIOR LAKE ZONING CODE
You are hereby notified that the City council will hold a Public
Hearing in the Prior Lake City council Chambers at 4629 Dakota
street S.E., on October 2l, 1991 at approximately 7:30 p.m.
The purpose of the hearing is to consider a proposed amendment to
the Prior Lake Zoning Code and Zoning Ordinance.
Prior Lake City Code Section S-4-1(C) and Prior Lake Zoning
Ordinance 83-6, Section 4.1(C) are proposed to be amended by
adding the following language:
(C) A Lot of Record existing on May 7, 1973 (the effective date
of this original Zoning Ordinance) may be used for the
erection of a structure conformin9 to the use regulations of
the zoning district in which it l.S located. (Ord. 84-10)
A Lot of Record located within the S-D Shoreland District is
buildable subject to the requirements of Section S-8-3(B).
If you desire to be heard in reference to this matter, you should
attend this hearing. The City Council will accept oral and or
written comments. If you have questions regarding this matter,
contact the Prior Lake Planning Department at 447-4230.
~);.a~G/\ A{~l'~I~'G~LJ
Deborah Garross
Assistant City Planner
To be published in the Prior Lake American on Monday, October 14
and 21, 1991.
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
"Z0910711
CITY OF PRIOR LAKE
ORDINANCE NO. 91-13
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
Prior Lake city Code section 5-4-1(J) is hereby amended to delete
the following language:
Any principal structure situated on lands conti9uous to
or abutting any portion of the public lakes l.n Prior
Lake shall maintain yard setbacks of seventy five feet
(75') from the lake. Where structures on adjacent lots
have ~ard setbacks different from these requirements,
the ml.nimum setback from the lake shall be the average
setback of such adjacent structures to a minimum of
fifty feet (50').
Prior Lake Zoning Ordinance No. 83-6, Section 4.1(J), is hereby
amended to delete the following language:
(J)
(J)
Any principal structure situated on lands conti9uous to
or abutting any portion of the public lakes l.n Prior
Lake shall maintain yard setbacks of seventy five feet
(75') from the lake. Where structures on adjacent lots
have ~ard setbacks different from these requirements,
the ml.nimum setback from the lake shall be the average
setback of such adjacent structures to a minimum of
fifty feet (50').
This Ordinance shall become effective from and after its passage
and publication.
of the City of Prior Lake this
, 1991.
Passed by the City Council
day of
ATTEST:
City Manager
Mayor
day of
Published in the Prior Lake American on the
, 1991.
Drafted By:
Deborah Garross
Assistant City Planner
City of Prior Lake
4629 Dakota Street S.E.
Prior Lake, MN 55372
HERITAGE
189/
COMMUNITY
1991
1aj:~. t ~
2Q91
"Z007Pl11
NOTICE OF HEARING
TO AMEND THE PRIOR LAKE ZONING CODE
You are hereby notified that the City council will hold a Hearing
in the Prior Lake City council Chambers at 4629 Dakota street
S.E., on October 21, 1991 at approximately 7:30 p.m.
The purpose of the hearing is to consider a proposed amendment to
the Prior Lake zoning Code and zoning Ordinance.
Prior Lake City Code section 5-4-1(J)
Ordinance 83-6, section 4.1(J) are
delete the following language:
and Prior Lake Zoning
proposed to be amended to
(J)
Any principal structure situated on lands contiguous to or
abutting any portion of the public lakes in Prior Lake shall
maintain yard setbacks of seventy five feet (75') from the
lake. Where structures on adjacent lots have yard setbacks
different from these requirements, the minimum setback from
the lake shall be the average setback of such adjacent
structures to a minimum of fifty feet (50').
If you desire to be heard in reference to this matter, you should
attend this hearing. The City Council will accept oral and or
written comments. If you have questions regarding this matter,
contact the Prior Lake Planning Department at 447-4230.
MW1{;f1 ~,:(~
Deborah Garross
Assistant City Planner
To be published in the Prior Lake American on Monday, October 14
and 21, 1991.
4629 Dakota St. S.L Prior Lake. Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
"Z0910811
CITY OF PRIOR LAKE
ORDINANCE NO. 91-14
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING
ORDINANCE NO. 83-6.
The Council of the City of Prior Lake does hereby ordain:
Prior Lake City Code section 5-S-3(E)3
delete the following language:
3. within the Shoreland District, decks may be constructed
without variance, provided that:
a. It does not have walls or a roof;
b. It does not exceed the existing structural setback
requirement by more than fifteen percent (15%)
(i.e., thirty foot [30'] maximum for two hundred
foot [200'] setback requirement);
c. There is an evaluation of the property showing that
there is not some other reasonable location for a
deck that would comply with the setback
requirement.
is hereby amended to
Prior Lake Zoning Ordinance No. 83-6, Section 9.3(E)3, is hereby
amended to delete the following language:
3. Within the Shoreland District, decks may be constructed
without variance, provided that:
a. It does not have walls or a roof:
b. It does not exceed the existing structural setback
requirement by more than fifteen percent (15%)
(i.e., thirty foot [30'] maximum for two hundred
foot [200'] setback requirement):
c. There is an evaluation of the property showing that
there is not some other reasonable location for a
deck that would comply with the setback
requirement.
This Ordinance shall become effective from and after its passage
and publication.
Passed by the city council of
day of
the city of Prior Lake this
, 1991.
ATTEST:
city Manager
Mayor
Published in the Prior Lake American on the
, 1991.
Drafted By:
Deborah Garross
Assistant City Planner
City of Prior Lake
4629 Dakota street S.E.
Prior Lake, MN 55372
day of
HERITAGE
/89/
COMMUNITY
1991
18J.so~ 11
2((91
"Z008P1"
NOTICE OF HEARING
TO AMEND THE PRIOR LAKE ZONING CODE
You are hereby notified that the City Council will hold a Public
Hearing in the Prior Lake City Council Chambers at 4629 Dakota
street S.E., on October 21, 1991 at approximately 7:30 p.m.
The purpose of the hearing is to consider a proposed amendment to
the Prior Lake Zoning Code and Zoning Ordinance.
Prior Lake City Code Section 5-8-3(E)3 and Prior Lake Zoning
Ordinance 83-6, section 9.3(E)3 are proposed to be amended to
delete the fOllowing language:
3. within the Shoreland District, decks may be constructed
without variance, provided that:
a. It does not have walls or a roof;
b. It does not exceed the existing structural setback
requirement by more than fifteen percent (15%)
(i.e., thirty foot [30'] maximum for two hundred
foot [200'] setback requirement);
c. There is an evaluation of the property showing that
there is not some other reasonable location for a
deck that would comply with the setback
requirement.
If you desire to be heard in reference to this matter, you should
attend this hearing. The City Council will accept oral and or
written comments. If you have questions regarding this matter,
contact the Prior Lake Planning Department at 447-4230.
/ f-, I " /
hL1}.f:flCJ1 / <i-j1/~/:v~j J
Deborah Garross
Assistant City Planner
To be published in the Prior Lake American on Monday, October 14
and 21, 1991.
4629 Dakota St. S.L Prior Lake. ~1innesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245
PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 19, 1991
PAGE 2
Greater side and front yard variances have been granted in the
past for front yard garages on substandard lots such as this one.
Also the lack of a garage in this climate constitutes a hardship.
staffs' concerns are the architectural and aesthetic impact of a
detached garage dominating a small substandard lot and urges the
applicant to consider alternate plans. Recommendation from Staff
is to approve the variance application.
Comments from the Commissioners were on future road improvements,
drainage, size of garage and location.
MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE A FOUR (4) FOOT
VARIANCE FROM THE EASTERLY 10 FOOT SIDEYARD SETBACK FOR 2875
CENTER ROAD AS SUBMITTED, RATIONALE BEING THAT HARDSHIP IS CAUSED
BY THE SUBSTANDARD LOT, IS IN KEEPING WITH AREA AND WOULD NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE TO THE NEIGHBORHOOD.
Public Hearin was called to order at 8:04 P.M. b Chairman
Lo us.
Deb Garross presented the information on four amendments to the
following:
Exhibit 1-Amendment to Prior Lake Cit~ Code Section S-8-3(B) and
Prior Lake Zonin9 Ordinance 83-6 Sectl.on 9.3(B)-Substandard Lots,
Language to clarlfy the intent of the Ordinance.
Exhibit 2-Amendment to Prior Lake City Code Section S-4-1(C) and
Prior Lake Zoning Ordinance 83-6 Section 4.1(J)-Lots of Record,
Change language related to Lots of Record.
Exhibit 3-Amendment to Prior Lake City Code Section S-4-1(J) and
Prior Lake Zoning Ordinance 83-6 Section 4.1(J)-Setback
Averaging, as there are two similar worded para9raphs,
recommendation is to delete one paragraph and retal.n the
Shoreland Management paragraph which is much more specific and a
better definitlon.
Exhibit 4-Amendment to Prior Lake Cit~ Code Section S-8-3(E)3 and
Prior Lake Zoning Ordinance 83-6 Sectl.on 9.3(E)3-Construction of
decks, langua~e was inadvertently left in when adopted in 1987,
an amendment lS proposed to delete paragraph which is not allowed
by the City of Prior Lake.
Ms. Garross explained in detail on the proposed amendment for
Exhibit #1. When Shoreland Management was adopted the lot size
standards changed to:Lakeshore lots, 15,000 square feet and
non-Iakeshore lots 10,000 square feet. DNR did allow Prior Lake
to adopt a substandard lot size as many of the lots were smaller.
The intent of the proposed amendment is to decrease the amount of
building on lakes by combining substandard lots. The
interpretation of the substandard lots regarding common ownership
has been an issue since 1987. This amendment would c1arif~ that
interpretation. DNR will be implementing new regulatl.ons in
1993, if the City of Prior Lake does not have an ordinance in
place, the City could be forced to adopt the DNR's regulations
PLANNING COMMISSION MEETING MINUTES
SEPTEMBER 19, 1991 PAGE 3
,
which would be more restrictive than what is proposed at this
time. Other cities contacted have larger lakeshore lots but have
a more restrictive ordinance than Prior Lake.
A recess was called at 8:34 P.M. Public Hearing was reconvened
at 8:40 P.M.
David Brown, Attorney with Jaspers, Moriarty, & Wahlberg, 206
Scott st., Shakopee, MN, Attorney represented Harold Dellwo Jr.
of 4287 Grainwood Circle objected to the proposed amendment as
his client would lose financially. Suggested that the Commission
wait until 1993 to adopt the amendment.
Larry Schommer, 16588 Ramsey Avenue, stated he has three 50 foot
lots and wants to divide into two lots and is in favor of the
amendment.
i Jerry Sullivan, 16063 Northwood Road NW, stated he was told when
he bought two lots that both were buildable but according to the
proposed amendment he would no longer be allowed to build on the
second lot.
Discussion followed by the Commissioners on the pros and cons of
the proposed amendment. Census was that a course of action had to
be taken to clarify the amendment.
Kenneth Lillyblad, 16287 Lakeside Avenue SE, had a question on
lots he owns on Pleasant street.
MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO THE CITY
COUNCIL TO ADOPT THE AMENDED LANGUAGE TO PRIOR LAKE CITY CODE
S-8-3(B) AND PRIOR LAKE ZONING ORDINANCE NO. 83-6 SECTION 9.3(B)
AS OUTLINED IN THE DRAFT MARKED EXHIBIT 1 PRESENTED SEPTEMB~R lY,
1991, ALSO RECOMMEND THAT THIS BE IMPLEMENTED JUNE 1, 1992.
Discussion followed on the motion, Chairman Loftus requested that
the ~l.ty ~ouncil be aware of the testimony presented by Jerry
Sulll.van l.n reqards to lot frontage facing the road be changed to
50 feet.
I Vote taken signified ~s by Arnold, Roseth, Wells, Kedrowski,
and Loftus. MOTION C IED.
Due to the late hour and there are two remaining items on the
agenda, a recommendation by Mr. Graser stating that Items 4 & 5
be presented after which the Public hearing could be called back
to order. Recess called at 9:40 P.M. Reconvened at 9:42 P.M.
ITEM 4 - GABRIELE FRANKLIN - HOME OCCUPATION
Gabriele Franklin, 15220 Eagle Creek Avenue, stated she is
requesting a home occupation permit to continue a hobby of beaded
earrings, handmade jewelry and ~rtcraft. The business would be
housed in the former Prior Lake Depot building that was moved
onto their property. The studio would be open approximately two
days per week and the traffic would be held to a minimum. Her
orders now are mail order and by invitation only. Ms. Franklin
PHONE NO.
!! STATE OF
~[ADrn~(Q)U&
I DEPARTMENT
METRO WATERS, 1200
772-7910
OF NATURAL RESOURCES
Warner Road, st. Paul, MN 55106
FILE NO
September 19, 1991
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23 19
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Ms. Deb Garross
City of Prior Lake
4629 Dakota street SE
Prior Lake, MN 55372
RE: PROPOSED AMENDMENTS TO SHORELAND MANAGEMENT ZONING REGULATIONS
Dear Ms. Garross:
I've received and reviewed your September 4, 1991 correspondence
relativ~ to four proposed amendments to the City of Prior Lake
Shoreland Ordinance, and offer the following for your
consideration.
Regarding setback averaging, allowing setbacks at the average of
structures on adjacent lots to a minimum of 50' should be allowed
only when circumstances would prohibit building at the required 75'
setback, or as close to 75' as possible. If one can reasonably
meet building setbacks, regardless of setbacks of structures on
adjoining properties, then they should do so.
Regarding deletion of the administrative variance language for
decks within the Shoreland District, I commend the City for
requiring full review via the hearing process.
The proposed addition to Ordinance 83-6, 4.1(C) (indicating that
buildability of Lots of Record is subject to conformity to use
regulations of the zoning district in which it is located) is
acceptable.
Finally, the proposed addition of language to Section 9.3(B) of
Prior Lake Zoning Ordinance 83-6 is acceptable at this time, as it
is more restrictive than the City's existing regulations. However,
it is likely the DNR will require the City to adopt language
consistent with current state rules when Prior Lake is required to
adopt the new shoreland standards in 1993.
In summary, the DNR has no objectives to the proposed amendments at
this time. I look forward to working with you and Horst in the
coming months to see that the adoption process of the new shore land
standards is a smooth one.
Sincerely,
Patrick J. Lynch
Area Hydrologist
AN EQUAL OPPORTUNITY EMPLOYER
PUBLIC HEARING
7:45 P.M~ '
EXHIBIT 1 - AMENDEMNT TO PRIOR LAKE CITY CODE SECTION 5-8-3{B} AND PRIOR LAKE ZONING ORDINANCE
83 -6 SECTION 9.3(B) - SUBSTANDARD LOT
EXHIBIT 2 - AMENDMENT TO PRIOR LAKE CITY CODE SECTION 5-4-1(C) AND PRIOR LAKE ZONING ORDINANCE
83 -6 SECTION 4.1{C} - LOTS OF RECORD
EXHIBIT 3 - AMENDMENT TO PRIOR LAKE CITY CODE SECTION 5-4-1{J) AND PRIOR LAKE ZONING ORDINANCE
83-6 SECTION 4.1{J} - SETBACK REQUIREMENTS
EXHIBIT 4 - AMENDMENT TO PRIOR LAKE CITY CODE SECTION 5-8-3{E}3 AND PRIOR LAKE ZONING ORDINANCE
83-6 SECTION 9.3{E)3 - DECK CONSTRUCTION REQUIREMENTS IN SBORELAND DISTRICT
~ PLEASE PRIm'
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SUPER V ALU STORES, INC.
MAILING ADDRESS:
P.O, BOX 1451 · MINNEAPOLIS, MN 55440
October 31, 1991
Mr. David Unmacht
City Manager
P. O. Box 359
4629 Dakota Street S.E.
Prior Lake, MN 55372
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Dear Dave,
CITY or:
P~:;OR LAKE
Dave Chromy called me and asked me to send you a hard copy of our Extension
of Option. This option is presently being reviewed by River Valley Bank and I
expect them to sign it in a few days and return it to us for our signature. It will
then becomes a legal binding document. I hope this helps.
Please call with other questions or issues so we can resolve them quickly as they
arise. I am also in contact with McDonald's on their easement and access
issues.
Thank you for your interest.
Sincerely,
Ly V. Fuller
Assistant Manager
Retail Development
cc: Lee Radermacher
Dave Chromy
MINNEAPOLIS DNlSION: 101 JEFFERSON AVENUE SOUTH. HOPKINS, MINNESOTA 55343. PHONE (612) 932-4300
,.
BXTIHSIOR OP OPTIOI
THIS .XTERaIO. OF OPTIO. is entered into this day ot
October, 1991, by and between RIVER ~LBY 8AVI.G& BARK
(hereinafter "River Valley") ad 80nlt vu.u 8'1'0"., %1fC.
(hereinatter "Super Valu") and extend. that certain Option
originally dated December 24, 1990, which Option has been modified
and extended on several previous occasions, all &8 outlined in that
certain "Extension ot Option" which is marked Exhibit 'A-21,
attached hereto, the contents of which are incorporated herein by
reference.
KO., TDRB70RI, in consideration of the toreqoinq, 1:11e mutual
promises and aqreements previously exchanqed, tho.e contained
herein, and for other qood and valuable consideration, the receipt
and SUfficiency ot which is hereby acknow1edqad, the parties aqree
as follows:
1. That Super Valu may, in its sole discretion, elect to
extend this Option for three (3) additional periods as
tallows:
A. Period One: the month of January, 1992.
8. Period Two: the month of February, 1992.
c. Period Three: the month ot March, 1992.
2. It Super Valu wishes to exercise its riqht to extend the
Option for the above-stated periOdS, it shall do so by
de1iverinq a check to River Valley, or its aqent, Charles
Leer, betore the beqinninq of the respective Option
Periods. Five Hundred Dollars ($500.00) must be paid
for Option Period One, One Thousand Dollars ($1,000.00)
for Option Period Two and One Thousand Five Hundred
Dollars ($1,500.00) tor Option PeriOd Three. Super Valu
must have exercised its option tor PeriOd One in order
to exercise its option for Period Two, and muat have
exercised its option tor Periods One and Two in order to
exercise its option for Period Three. The delivery ot
~h. money shall be the sole requirement for exercising
the riqht to extend the Option, time beinq strictly ot
the essence hereof.
3. Super Valu shall have a continuinq obligation to provide
all such data and documentation and all updat.. ot data
and documentation as required in paragraph no. 2. of
"Extension ot Option", which eons~i tuted Paqe 1 ot
Exhibit tAt to the Extension Of Option dated Auquat 6,
1991.
4. None ot the option payments called tor in paragraph no.
2 above shall constitute a credit against the purchase
price, and shall b. retained by River Valley without
credit to Super Valu regardless of whether the Option to
Purchase is exercised or not.
5. That as additional consideration tor the qrantinq ot the
extension ot the Option as provided herein, it i. hereby
stipulated and agreed that in the event Super Valu should
exercise its Option to PurChase, and actually purchase
the Property, real estate taxes and installments of
special assessments payable therewith, shall be prorated
to June 30, 1991, on a calendar year basis, with River
Valley paying the tirst halt at the taxes and
installments ot special assessments payable in 1991, and
with Super Valu payinq the second halt thereot, together
with all taxes and installments at special asse.sments
payable in 1992 and thereafter, reqardless of when the
closin9 actually occurs. In the event any ot tho.e taxes
and installments ot special assessments have already been
paid by River Valley, Super Valu shall reimburse River
Valley there tor . The unpaid balance ot all levied
special assessments which have not been certified on the
date ot closing to be paid with the real .state taxes,
together with any pending assessments which are not made
"pending" by virtue of purchaser's development plans,
shall be paid by seller at closing. Any pending
assessments first made "pending" on January 1, 1992, or
thereafter, shall be deemed to be the result of Super
Valu's development plans and assumed and paid in tull by
Super Value
6. All other terms and conditions of the original Option
dated December 24, 1990, as previously amended, shall
remain unamended and in tull torce and effect.
XX ~TWBS8 WKERIO~, the undersigned have executed this
Extension ot Option.
RIVIR VALLEY SAVINGS IUK,
an Illinois corpor.~10D,
Dated:
By:
Its
By:
Ita
2
SUPER VALU STOUI, I.e.,
a Delawar. corporatiou,
Dated:
By:
It.
By:
It.
STATE or ILLINOIS)
) s..
COUNTY or )
The foreqoinq instrument was
day of , 1991, by
and
and
corporation under
the corporation.
acknowledged before me this ____
, the
of River Valley Saving. Bank, a
the law8 of the State of Illinoi. on behalf of
Notary Public
STATE OF
COUNTY or
)
) 88.
)
The foreqoinq
day of
and
and
cOrporation under
the corporation.
instrument was acknowledged before me this ____
, 1991, by
, the
of Super Valu Store., Inc., a
the laws of the State of Delaware on behalf of
Tilts INSTRUMENT WAS DRAPTED BY:
Notary Public
James D. MacKinnon
730 Bast Lake street
Wayzata, Minn..ota 55391
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