HomeMy WebLinkAboutProject PacketCITY of ORONO
February 19, 2010
Jim Holan
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Department of Property Tax and Public Records
A-607 Hennepin County Government Center
3 00 South 6th Street
Minneapolis, MN 55487
This combination was a condition of a conditional use permit approved in 1991.
If you have any questions or there are issues please contact me.
Sincerely,
~
City Planner
952-249-4623
etumer@ci.orono.mn. us
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
Hennepin County Government Center
Department of Property Tax and Public Records
A-607 -Attn: ID Controller
Minneapolis, MN 55487
I hereby make request for a combined assessment and legal combination of the following described
land:
and
Orig. PID #
Orig. Address:
Legal description:
Orig. PID #
Orig. Address:
Legal description:
New Address:
Municipal Code: 38
22-117-23-42-0020
530 Big Island
Part of Rearrangement of Lot 1 of Kitchel's Subdivision
Government Lots 5 and 6 in Sec 22 T.117 R. 23
22-117-23-42-0019
520 Big Island
Part of Rearrangement of Lot 1 of Kitchel's Subdivision of
Government Lots 5 and 6 in Sec 22 T. 117 R. 23
520 Big Island
Tax Year: 2010
~
Pr:nted name: /JI\~ \I-}<. > C..,4 e,. // <.-
Title: :S ,U,V~'"? .ZS ~L/ .....,..;; I we:/,
Fee Owner and Taxpayer / /.3 , / .-~-I) :--..
Date: ~lt,//O '<j -_.., L"'1<.1
Taxpayer's Address:
PO Box 188
Excelsior MN 55331
D I -Pending Combinations (Deputy Clerk) D I -Street File
February 16, 2010
Ms. Evelyn Turner
City Planner
BIG ISLAND. INC.
P.O. Box 188 • Excelsior, Minnesota 55331
City of Orono Municipal Offices
P.O . Box 66
Crystal Bay, tvfN 55323-0066
Dear Ms. Turner:
Please find enclosed the executed "Municipal Code 38" paper that you sent to Big Island, Inc. I
apologize to you for not getting this back to you sooner. It was an oversight on my part.
If you need anything further from us, please do not hesitate to contact me.
Very truly yours,
Mark Scholle
Secretary, Big Island, Inc.
952-944-9693
952-914-9376 (fax)
MarkScholle@aol.com
Scholle Law Firm, Ltd .
8742 Leeward Circle
Eden Prairie, MN 55344-4031
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Ms. Evelyn Turner
City Planner
City of Orono Municipal Offices
P.O. Box 66
Crystal Bay, MN 55323-0066
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To:
From:
Date:
Subject:
Background
Chair Kang and Planning Commission Members
Evelyn Turner, City Planner
February 16, 2010
Revocation of Conditional Use Permit for Day Use Recreational Area
520/530 Big Island (Big Island, Inc., owner)
Revocation of Lot Area Variance
630 Big Island (Douglas E. Persons et al, owners)
520/530 Big Island was granted a conditional use permit for a day use recreation area in
August, 1991. A condition of the approval was that a special lot combination agreement be
signed to combine the two properties. It was signed but was not recorded by the City. The
property owner has not responded to Staffs request to sign a tax parcel combination form or
a new special lot combination. If the conditional use permit were revoked and Big Island,
Inc. wished to continue using the property for its activities it would need to obtain a new
conditional use permit.
630 Big Island was granted a lot area variance in September, 1983. As required the property
owner signed a tax parcel combination form before the application was processed. But the
City did not file the form. The property owner has not responded to Staffs request to sign a
new form. Without the lot area variance the property owner could not expand the existing
cabin or build a new one unless a new lot area variance was received.
It is hoped that the threat of revocation will encourage these property owners to respond to
Staffs requests.
ACTION REQUESTED
A motion to order public hearings for March 15, 2010, to consider revocation of the
conditional use permit granted by Resolution No. 3006 and the lot area variance granted by
Resolution No. 1540.
May 8, 2009
Tom Wolfe
Big Island, Inc.
P.O. Box 188
Excelsior MN 55331
Dear Mr. Wolfe:
CITY of ORONO
Street Address:
2750 Kelley Parkway
Orono, MN 55356
Municipal Offices
Mailing Address:
P.O. Box 66
Crystal Bay, MN 55323-0066
The City has been reviewing the files for properties on Big Island to ensure they are all in order. It's
been many years since this was last done and we are finding a number of loose ends.
In 1991 Big Island Inc. was granted a conditional use permit for a day use recreation area. To achieve
the required minimum five acres an unimproved street was vacated and a special lot combination was
required to ensure that the two tax parcels (520 and 530 Big Island) remained in common ownership. I
found that the special lot combination agreement was signed but no evidence it was recorded. (A copy
of the agreement is enclosed; the two exhibits containing the legal descriptions are missing.) I
understand the reason a special lot combination was required. Since the C<;)unty lists Big Island, Inc. as
the owner of both parcels and 18 years have passed I thought that perhaps the contract for deed had
been paid off. I am enclosing a form that will combine the two tax parcels into one as well as a return
envelope. If a special lot combination is still required let me know and we will draft a new one.
If you have any questions feel free to contact me.
Sin~,er~ly, _ -~~✓-~
i
Evelyn Turner
City Planner
952-249-4623
etumer@ci.orono.mn.us
Telephone (952) 249-4600 • Fax (952) 249-4616
www.ci.orono.mn.us
Hennepin County Government Center
Department of Property Tax and Public Records
A-607 -Attn: ID Controller
Minneapolis, MN 55487
I hereby make request for a combined assessment and legal combination of the following described
land:
and
Orig. PID #
Orig. Address:
Legal description:
Orig. PID #
Orig. Address:
Legal description:
New Address:
Municipal Code: 38
Printed name:
Title:
Fee Owner and Taxpayer
Date:
Taxpayer's Address:
PO Box 188
Excelsior MN 55331
22-117-23-42-0020
530 Big Island
Part of Rearrangement of Lot 1 of Kitchel's Subdivision
Government Lots 5 and 6 in Sec 22 T.117 R. 23
22-117-23-42-0019
520 Big Island
Part of Rearrangement of Lot 1 ofKitchel's Subdivision of
Government Lots 5 and 6 in Sec 22 T. 11 7 R. 23
520 Big Island
Tax Year: 2010
D I -Pending Combinations (Deputy Clerk) D I -Street File
SPECI.IL LOT COMBINATION
AGREEMENT
This indenture is made and entered into this __ day of
_______ , 1991, by and between Big Island, Inc., their heirs,
successors and assigns (hereinafter collectively referred to as
"Granter") and the City of Orono, a municipal corporation under
the laws of the State of Minnesota, its successors and assigns
(hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, Granter is the owner of real property in the City
of Orono, County of Hennepin, State of Minnesota, legally
described as follows (and hereinafter collectively referred to as
the "properties"):
See Attached Exhibit A
(hereinafter described as "Parcel A"); and
See Attached Exhibit B
(hereinafter described as "Parcel B"); and
WHEREAS, Parcel A and Parcel Bare adjacent to each other
but are presently described as two separate parcels and were/are
presently owned by two different owners which prevents their
being combined into one legully described lot or parcel, and/or
for the same reason the Hennepin Count~ Assessor can not combine
Parcel A and Parcel B into one parcel for tax purposes; and
WHEREAS, notwithstanding the above it is the intent of
Grantor(s) and Grantee that Parcel A and Parcel Bare and shall
imminently be held in comRon ownership by the same person or
persons, and further that Parcel A and Parcel Bare intended to
be used and/or developed ~n co~mon by Granter as if they were in
fact one parcel instead oo' two.
NOW THEREFORE, for alld in consideration o: the sum of One
Dollar ($1 .00) and other ~aluable consideration, Grantor(s)
hereby covenant, grant, gift, quit claim and convey to Grantee
the right to restrict, an,1 Granter hereby agrees to restrict,
limit and preclude the ownership, use, improvement and
development of Parcel A a:1d Parcel B according to and under the
conditions and covenants nerein contained during the term hereof,
as follows:
1. Grantor(s) agree that Parcel A and Parcel B shall henceforth
be contained in common use and ownership even if recorded as
separate lots or parcels, and that Parcel A and Parcel B will not
be used, conveyed, sold, or leased except togethe~ as if they
were a single parcel.
2. Grantor(s) agree to restrict and limit the use and/or
improvement of Parcels A and Bas subject to the uses specified
and improvements allowed under Section 10.31 Subd. 3.C. of the
Orono City Code.
3. Grantee shall not issue any building permit, zoning variance
or conditional use permit for any structure or use on the
properties inconsistent with the covenants contained herein.
4. Grantor hereby grants to Grantee the right to enter upon the
above described properties for the purposes of inspection and
enforcement of the covenants contained herein, and, subject to
reasonable written notice, to cause to be lawfully removed from
these properties without any liability any structures, uses,
substances and natural or unnatural materials inconsistent with
the covenants contained herein.
5. In a~jition to any other remedy Grantee may have, the
covenants and restrictions contained herein may be enforced by
injunction. Grantor who is in possession of these properties
shall pay to Grantee all costs and expenses including attorneys
fees incurred by Grantee in enforcing the terms of this
indenture.
6. The terms and conditions of this indenture may be modified,
amended or extinguished and thereafter Parcel A and Parcel B may
be subdivided, sold separately or reduced in part only upcn
application by Grantor to Grantee for approval <..,fa "Subdivision"
in accordance with the platting code of the City in Effect at the
time of sucn application.
7. Grantor(s) agree that recording of this indenture shall not
vest any property rights in the properties and that any zoning or
development authorities granted herein or hereinafter because of
this indenture shall remain subject to future regulation,
modification and/or limitation by Grantee or other regulatory
bodies in accordance with legally applicable and enforceaole
zor.ing or other ordinances of Grantee.
8. Grantor(s) do not intend that the public should have any
interest in the above properties by virtue of this indenture or
otherwise, except as hereinabove set forth.
9. The term of this Agreement shall be from the date of
execution by both parties until the property is sold to a third
party or until Parcels A and Bare legally combined or at such
time that the Grantor and Grantee agree, pursuant to an executed
termination agreement, to the termination hereof, whichever shall
first occur.
All provisions hereof shall run with the land and shall
extend to and bind the heirs, successors, representatives,
grantees or assigns of the respective partier Lereto.
CITY OF ORONO
STATE OF MINNESOTJ)
) ss.
COUNTY OF HENNEPIN)
The foregoing instrument was
day~ ..JvL'J , 1991, by
and y/_,,<}t1-1'J 5t;l/1-e;./f!1-<<IJ
and
Big Island Inc.,
corporation.
4824.303/129106
STATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN)
GRANTOR(S)
Big Island, Inc.
acknowledged before me this ?2 /1/J
--Jjf'1?;h, / ,Ttl l{,1 S-tiv
, respectively the ?'(l//S/rJ-"1.,,7
. ..,_ on RAtflt+0. lcltl°chlie
jJ ~ NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
July 24, 1995
of
The foregoing instrument was acknowledged before me this
day of ___________ , 1991, by
and __________________ , respectively the Mayor and
City Clerk of the City of Orono.
Notary Public
To:
From:
Date:
Subject:
Vice Chair Schoenzeit and Planning Commission Members
Evelyn Turner, City Planner
February 16, 2010 UPDATED INFORMATION
Revocation of Conditional Use Permit for Day Use Recreational Area
520/530 Big Island (Big Island, Inc., owner)
Revocation of Lot Area Variance
630 Big Island (Douglas E. Persons et al , owners)
I was contacted by a representative of Big Island, Inc. They will sign the tax parcel
combination form and submit it within the week.
The Owners ' representative for 630 stopped by City offices and signed the tax parcel
combination form.
ACTION REQUESTED
I --z_ -13,
A motion to order a public hearing for March 15, 2010, to consider revocation of the
conditional use permit granted by Resolution No. 3006 unless the tax parcel combination or
special lot combination form is received before then.
TELEPHON E
(612) 473-4402
Ms. Jeanne A. Mabusth
HASSEL & ENLOW
A PROFESSIONAL ASSOCIATION
FIRST NATIONAL BANK BUILDING
1055 EAST WAYZATA BOULEVARD
WAYZATA, MINNESOTA 55391
July 30, 1991
Building and Zoning Administrator
City of Orono
P.O. Box 66
Crystal, MN 55323
RE: Application No.: 1606 -Big Island, Inc.
Special Lot Combination Agreement
Dear Jeanne:
,JUL 3 1 1991
FACSIMILE
_(612) 473-4415
Enclosed herewith are two originally executed Special Lot
Combination Agreements between Big Island, Inc. and the City of
Orono. I would appreciate it if you could return a copy of the
Agreement to me after it has been signed on behalf of the City of
Orono.
You will note that I have not attached Exhibit A or Exhibit B.
I have not been able to find the legal description for the two lots
in my files. If you do not have a useable legal description in the
city files, please contact me, and I will contact the secretary of
Big Island, Inc. to determine if he would be able to locate legal
descriptions for the two parcels.
TAJ:tjs
cc: Ralph Hatch
Enclosures
10099.319/079130
Thomas A. Judd
Photograp.hs
CITY OF ORONO Filrl / <a D~
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Inspection Dates~/tJ --3/-o/O
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