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Home My WebLink AboutProject PacketMemo To: Finance Department From: Christine Mattson, Planning Assistant CC: Zoning Files Date: May 11, 2015 G/L: 101-22205 Re: Escrow Refund Request ON' Planning & Zoning Department Lot line rearrangement (#14-3676) pertaining to 2470 Carman Street are complete. Please refund $700 to the applicant, Stonewood, LLC. The following is attached: • Original signed escrow agreement • Copy of cash register receipt showing escrow amount received Mail to: Stonewood, LLC 153 Lake Street E Wayzata, MN 55391 z:\zoning applications\2014 #3645 thru #3703\14-3676 (2470 & 2490 carman st) llrmt\escrow refund request 14- 3676 .docx LAND USE APPLICATION ESCROW AGREEMENT Application# 14' ~Dlo]So AGREEMENT made this 17 day of J(..(11\-L , 20J _ _:i, by and between lhe CITY OF ORONO, a Minnesota municipal corporation ("City") and La~$'."'°~ {-{ o Id ,..,,,9.1 I,./,. e: [a corporation -optiona~ ("Owners"). 1. ~--"'-'-'=--formally requesting the City to review plans described as Le.+ &::> , "Subject Property") legally 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $ 7Co with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review of Land Use Application # _____ . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the ri certify the unpaid balance to the subject property pursuant to Minn. Stat.§§ 415.01 and 366.012. CITY: CITY OF ORONO By:Cfu~·~ IIB :Hama ~~ Its: ,f,11.jur STONEWOOD LLC 153 Lake Street E Wayzata, MN 55391 (612) 462-4000 t&ANH 4111@ Associated Bank 45 S 7th St, Ste 2900 Minneapolis, MN 55402 79-57/759 6/17/2014 PAY TO THE __ c_ity_o_f_O_ro_n_o--'-------------------------l' $**1,400.00 ORDER OF . One Thousand Four Hundred and 00/100********************************************************************************* 12801 DOLLARS City of Orono 2750 Kelley Parkway Orono MN 55356 MEMO 2470 Carman Street STONEWOOD LLC City of Orono 1500 · Due From Related parties:1560 · Subdivision application for Carman St Associated Bank 2470 Carman Street M' AUTHORIZED SIGNATURE 12801 6/17/2014 1,400.00 1,400.00 ADDRESS PIN LEGAL DESC CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 : 2470 CARMAN ST : 20-117-23-12-0060 : LEHMAN LAGOON : LOT 005 BLOCK 001 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -APPLICANT NOTE: THIS $700.00 ESCROW IS TIED TO SUBDIVISION APPLICATION 14-3676 II I Ill Ill Ill I II IIII Ill II IIII I Ill I IIII I Ill I 11111111111111111 *2014-00624* DATE ISSUED: 06/18/2014 APPLICANT LAKESHORE HOLDINGS LLC 153 LAKE STREET E WAYZATA, MN 55391- ESCROW FEE -APPLICANT ESCROW FEE -DEVELOPER TOTAL 700.00 0.00 700.00 (612) 462-4000 OWNER LIND, MR. & MRS. THOMAS 2470 CARMAN ST , MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions of laws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date Payment(s) CHECK Issued By Signature 12801 700.00 I I Date Christine Mattson From: Sent: To: Subject: Rachel Thibault [rachelthibault@stonewood.com] Wednesday, April 22, 2015 10:24 AM Christine Mattson Escrow refund requests Hi Christine, :-.J (}. { \ ~1',\J---" We have two projects with escrows submitted last summer that I would like to see if we could get .tunded yet. Please advise the status of the following: _ . /se;~ a' I~~; I If-3 v ~ ~ zs·o CJ JL-V 'f $2,500 Variance escrow for 2470 Carman Street submitted 8/20/14 on Ck#l2931 IL . . . I 1 -3 (p 7 (p lru(»J J\0)(., ho~ $2,500 Land Use Application escrow for 1410 Cherry Place submitted 9/29/14 on Ck#13020 37 CO Ip /17/11 15 --372.r ~D\. t~.-..o. Thanks for your assistance. Regards, Rachel Thibault Stonewood, LLC 153 Lake Street E Wayzata MN 55391 612-462-4000 (main) 952-697-5591 (fax) www.Stonewood.com 2.0 If -61lor r 2.014---612-.11 ~ Ir/ 5k,MWODd UL (?._ol4--0ll0i') ~ RkJvvmf--t0 foptr~ OWV\JY"" 1 Melanie Curtis Fi"om: Sent: To: Subject: Attachments: Good Morning Melanie, Jean Olson [JOlson@ck-law.com] Tuesday, September 30 , 2014 10:22 AM Melanie Curtis 14-3676 Cert of Title .pdf; Deed.pdf With regarding to 2490 (abstract) and 2470 (torrens) Carman- first the City's Resolution 6428 was recorded in both abstract and torrens (Al0l 17746 and T05201466) then the Declaration of Reciprocal Easement for Ingress, Egress and Access was recorded in both abstract and torrens (AlOl 17747 and T05201467). After that, Lakeshore sold a part of the torrens property to Mercers which created a new certificate of title and made the Mercer property at 2490 become abstract and torrens property. Attached is a copy of the deed (which was recorded in abstract and torrens-Al0l 17748 and T05202354) from Lakeshore Holdings to Mercers and a copy of the new Certificate of Title . In short, your legal description for the Mercer's property should be: Lots 10 and 11, Block 1, Navarre, and that part of Lot 5, Block 1, Lehman Lagoon, lying West of the Northerly extension of the East line of Lot 10, Block 1, Navarre, Hennepin County, Minnesota. Abstract and Torrens (Certificate of Title No. 1393262). ---\ \~.-. \ ( \_, Hope this helps. Jean M. Olson, Legal Assistant Campbell Knutson, Professional Association 1380 Corporate Center Curve • Suite 317 • Eagan, MN 55121 (651) 234-6212 • Fax: (651) 452-5550 jolson@ck-law.com • www.ck-law .com (~.~\•, ' I\ ~ "-.t.-\ ., ~i?\/ ~ ~# ~: , )'f(,ol) . d\.\ / \'\I &t ~\~ "\;~ I \"'-~,. 1 \\ ?l; rp" 0'"' I Mt~ vn I co 1e;1 a-ho.~ 1✓{ IL {oJ Certificate of Title Certificate Number:1393262 Created by Document Number: Transfer From Certificate Number: 1388597 Originally registered August 2, 1977 Volume:1826, Certificate No: 550604, District Court No: 18132 State of Minnesota County of Hennepin This is to certify that } s.s. Registration Jeremie Mercer, whose address is 2420 Zircon Lane North, Plymouth, Minnesota, 55447 and Eric Mercer, whose,address is 2420 Zircon Lane North, Plymouth, Minnesota, 55447 as joint tenants are now the owners of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: 5202354 That part of Lot 5, Block 1, Lehman Lagoon, lying West of the Northerly extension of the East line of Lot 10, Block 1,Navarre, Hennepin County Minnesota Subject to the utility easement shown on plat; Subject to drainage and utility easements as shown on plat; Subject to private right-of-way easement now over those parts of Lot 5, Block 1, embraced within the Southerly 15 feet of Lot 9, Block 1, "Navarre" and the Westerly 10 feet of that part of Lot 10, Block 6, Townsite of Langdon Park lying South of the North 543 feet thereof as contained in Book 2161 of Deeds, page 438, Doc No 3108785. Subject to drainage easements shown on the plat of Lehman Addition and in dedication clause thereof as to Lots 2 and 3, Block 1, Lehman Addition; (as to above land) Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508, namely: 1. Liens, claims, or rights arising under the laws or the Constitution of the United States, which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years, when there is actual occupation of the premises under the lease; 4. All rights in public highways upon the land; 5. Such right of appeal or right to appear and contest the application as is allowed by law; 6. The rights of any person in possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. Memorials Document Date of Filing Number Document Type Month Day, Year Time Amount($) Running in Favor Of 1622901 Quit Claim Deed Jan 17, 1985 9:00 AM Richard A. Edwards & Johanna M. Edwards, as jt tenants, granting an easement for driveway pruposes over pt of L 5, B 1 (See Inst) 1622902 Quit Claim Deed Jan 17, 1985 9:00 AM Ward E. Edwards & Donna M. Edwards as Jt tenants, granting an easement for driveway purposes over pt of L 5, B 1, (See Inst) 5181595 Mortgage Jul 1, 20141:00 PM $880,000.00 Bridgewater Bank 21500 Highway 7 Greenwood, MN 55331 5201466 Resolution Sep 22, 2014 3:17 PM By the City Council of the City of Orono. Granting a subdivision of a lot line rearrangemenl Resolution No. 6428. 5201467 Easement Sep 22, 2014 3:17 PM Creating an easement for Ingress, egress, and other purposes over part of above land together with said easement over other land. Certificate Number: 1393262 This Is a non-certified copy Page 1 of 2 Indexes Verified through 9/17/2014 Certificate Number: 1393262 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 24th day of September, 2014. Martin McCormick Registrar of Titles, In and for the County of Hennepin and State of Minnesota. This is a non-certified copy Page2 of 2 C.V. filed_X_C.V. not req. __ _ No delinquent taxes Transfer Entered 9/24/2014 12:33:00 PM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer 111111111111 IIHI 1111111111111 Doc No T05202354 Certified, filed and/or recorded on Sep 24, 2014 12:33 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy40 Pkg ID 1156201E CRV#260683 Doc Name: Warranty Deed Document Recording Fee Residue Certificate Fee State Deed Tax (.0033 rate) Conservation Fee Environmental Response Fund (SOT .0001) Document Total PID(s) 20-117-23-12-0010 20-117-23-12-0060 20-117-23-12-0009 Existing Certs 1388597 New Certs 1393262 1393268 $46.00 $40.00 $0.00 $0.00 $0.00 $86.00 This cover sheet is now a permanent part of the recorded document. C.V. filed_X_C.V. not req. __ _ No delinquent taxes Transfer Entered 9/16/2014 9:53:00 AM Hennepin County, Minnesota Mark Chapin County Auditor and Treasurer 111111111111111 Ill I I Doc No A10117748 Certified, filed and/or recorded on Sep 16, 2014 9:53 AM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 84 Pkg ID 1152867E CRV#260683 Doc Name: Warranty Deed Document Recording Fee State Deed Tax (.0033 rate) Conservation Fee Environmental Response Fund (SOT .0001) Document Total PID(s) 20-117-23-12-0010 20-117-23-12-0060 20-117-23-12-0009 $46.00 $3,465.00 $5.00 $105.00 $3,621.00 This cover sheet is now a permanent part of the recorded document. E CRV 260683 WARRANTYDEED Form No, 11-M Minnesota Uniform Conveyanciug Blank, (6/17/97) Corporation, Partnership or Limited Liability Company to Joint 'llmants DEED TAX DUE:$ o6JD.OO Dat:e: 09/05/2014 FOR VALUABLB CONSIDERATION, Lakeshore_ Holdings, LLC a Limited Liability under the laws of .,.Ml..,nn_,,es,..o..,ta...._ ____________ _ Grantor, hereby conveys and warrants to Eric J. Mercer and Jeremie D. Mercer .as joint tenants, real propercy in · SEE ATTACHED EXHIBIT A Hennepin , Grantees, County, Minneso'la, desen'bed as follows: tog8lher with. all hereditaments and appumnances belonging thereto, subje~ to the following exceptions: Covenants. Condltjons, Restrictions and easements of record. If any ' Check box if applicable: IX! The Seller certifies that the Seller does not know of sny wells on 1h11 described real property. 0 A wen disclosure eertlfi.cate accompanies this document 0 I' am familiar with the property described in this instrument and I certify that the status and number of wells on the descn"bed real property have not changed since the last previously filed well disclosure cert!:fioate. Lakeshore Holdings, LLC Affix Deed Tax Stamp Here oavp:i.stickney In Member STATE OF MINNESOTA COUNTY OF HENNEPIN }ss This instrument was acknowledged before me by David J. Stickney the Member of Lakeshore Holdings. LLC NOTARIALSTAMPORSEAL{Oll.OTHBRT!!IBORRANiq MNWVl/1/WVIMfWIJWIIWVIM" VICKI L. l:lELLWO I NOTARY PIJ8UC•MJNNESOTA IIJComffllSIIOO~.lln.Dl,2015 ·w~MN\MIIMJVl/'MM/oo/VWWVINW• THISINS'l'RUMSNT WABDRAFl'BD BY{NAMI! &.ADDllESS): Custom Home Builders Title, LLC 10850 Old County Road IS Plymouth, :MN 55441 (763)489-~240 File HB-28468 Oteclthmtlfall orplll'lottho land lslleg!storcd (Tomfls) 0 Tax stateinml! fer the ml piaport,y dcscrlbod In 111!, 1Dst!un1C11t should be sent 1o (lnclllde name and eddtess or Grantee): Bri~J'. Mercer andJeremieD. M,_-. c:2 t.f :i.o +' ~ tJ(,CU,L 1../(_p m./..J . c/ s't;<I 7 Exhibit A Lots 10 and 11, Block 1, Navarre, and that part of Lot 5, Block 1, -Lehman's Lagoon, lying West of the Northerly extension of the East line of Lot 10, Block 1, Navarre, Hennepin County, Minnesota. Abstract property. AND Torrens certificate No. Legal Description f I i I ! I ! I I 1388597 I I I ! J14080169/49 DECLARATION OF RECIRPROCAL EASEMENT FOR INGRESS, EGRESS AND ACCESS THIS DECLARATION OF RECIPROCAL EASEMENT FOR INGRESS, EGRESS AND ACCESS ("Declaration") is made as of this g day o~/4V , 2014 by LAKESHORE HOLDINGS, LLC, a Minnesota limited liability company ("D larant"). RECITALS A. Declarant is the owner of the real property located in Hennepin County, Minnesota and legally described on attached Exhibit A ( collectively, the "Lehman Lagoon Property"). B. Declarant is also the owner of the real property located in Hennepin County, Minnesota and legally described on attached Exhibit B (the "Navarre Property"). C. The Lehman Lagoon Property and the Navarre Property (together, the "Parcels") are served by a driveway that crosses over a portion of each of the Parcels and connects to the public right of way of Frederick Street, located northwesterly of the Parcels. D. Declarant is desirous of creating a reciprocal easement for ingress, egress and access upon a portion of the Parcels for the benefit of both of the Parcels, as more fully set forth below. WITNESS ETH NOW, THEREFORE, Declarant, as the fee owner the Parcels, declares as follows: 1. Grant of Access Easement. Declarant hereby declares that a non-exclusive, perpetual, reciprocal easement for purposes of ingress, egress and access and operation, maintenance, repair and replacement of access facilities (including without limitation, paving and structural support therefor) ("Access Facilities") serving the Parcels (the "Easement") shall exist upon, over, under and across that portion of the Parcels legally described and depicted on attached Exhibit C (the "Easement Area") for the benefit of each of the Parcels and the respective Owners (defined herein) thereof and their respective successors and assigns in title thereto, and their respective Occupants, agents, contractors, visitors and invitees. 7!9905v2 2. Use of Easement Area. The Easement granted herein is non-exclusive. The Owner of the Lehman Lagoon Property and its successors and assigns in title to said property, shall have the right to use or grant easements to others to use the subsurface below the portion of the Easement Area located on the Lehman Lagoon Property, to the extent that such use is not inconsistent with or otherwise interferes with the rights declared by this instrument and conferred upon the Owner of the Navarre Property, its successors and assigns. The Owner of the Navarre Property and its successors and assigns in title to said property, shall have the right to use or grant easements to others to use the subsurface below the portion of the Easement Area located on the Navarre Property, to the extent that such use is not inconsistent with or otherwise interferes with the rights declared by this instrument and conferred upon the Owner of the Lehman Lagoon Property, its successors and assigns. 3. Initial Construction; Alterations; Maintenance and Repair. Declarant shall perform the initial construction of the Access Facilities upon the Easement Area, subject to reimbursement from its successor Owner of each Parcel as follows. The initial construction of the Access Facilities shall be comprised of a twelve foot (12') wide, four inch (4") thick blacktop driveway. Within ten ( 10) days after written demand for payment, if not sooner paid: (i) Declarant' s successor in interest in title to the Navarre Property shall reimburse Declarant for fifty percent (50%) of the cost of labor and materials incurred by Declarant to construct and install the initial Access Facilities upon the Easement Area, and (ii) Declarant's successor in interest in title to the Lehman Lagoon Property shall reimburse Declarant for fifty percent ( 50%) of the cost oflabor and materials incurred by Declarant to construct and install the initial Access Facilities upon the Easement Area. After initial construction of the Access Facilities, the Access Facilities shall not be modified or altered without the prior written consent of all Parcel Owners, (i) except the Owner of each Parcel shall have the right to connect access facilities located on and serving its Parcel directly to the Access Facilities at its sole cost and expense, and (ii) except for maintenance and repair (including replacements when necessary) of the Access Facilities as provided below. Subject to reimbursement by the Owner of the Lehman Lagoon Property for its share of costs as provided below, the continuing maintenance and repair (including replacement when necessary) of the Easement Area and the Access Facilities thereon, shall be the obligation of the Owner of the Navarre Property, who shall perform such work as and when reasonably necessary to maintain the Access Facilities in good condition and repair, with materials equal to or better in quality than the materials used for the initial construction of the Access Facilities (which shall be a 12' wide, 4" thick blacktop driveway). At least fifteen (15) days prior to commencing any maintenance or repair (including replacement) of the Access Facilities, the Owner of the Navarre Property shall notify the Owner of the Lehman Lagoon Property, which notice shall include a scope of the work to be performed and a budget for such work (including a copy of any written proposal or construction contract for such work). The Owner of the Navarre Property shall obtain at least three (3) competitive bids from separate contractors for any proposed work to the Access Facilities and shall select the lowest bid, except as otherwise consented to in writing by the Owner of the Lehman Lagoon Property. All construction work to the Access Facilities shall be performed diligently and in a good workmanlike manner. 719905v2 2 Within twenty (20) days after written request for payment, the Owner of the Lehman Lagoon Property shall reimburse the Owner of the Navarre Property for fifty percent (50%) of all costs incurred in performing maintenance and repair (including replacements) of the Access Facilities as permitted under this Section 3. Notwithstanding anything herein to the contrary, if repair or replacement of the Access Facilities is made with materials better in quality (and more expensive) than the type of materials used for the initial construction of the Access Facilities, then the Owner of the Lehman Lagoon property shall only be responsible for fifty percent ( 50%) of a sum equal to the estimated cost of such work had the Owner of the Navarre Property utilized the same materials used for the initial construction of the Access Facilities, and the Owner of the Navarre Property shall be responsible for the entire balance of the actual costs of repair or replacement, except as otherwise consented to in writing by the Owner of the Lehman Lagoon Property. 4. Definitions. ( a) "Defaulting Party" means an Owner of a Parcel that fails to timely perform its obligations under this Declaration, including without limitation, Section 3 or Section 7. (b) "Non-Defaulting Party" means the Owner of the other Parcel who notifies the Defaulting Party of its breach or default of its obligations under this Declaration. ( c) "Owner" shall mean and refer to the record owner of fee simple title, whether one or more persons or entities, to any one or more of the Parcels ( defined below), but excluding those having such interest merely as collateral or security for the performance of any obligation. ( d) "Occupants" means any person or persons from time to time entitled to the use and occupancy of any portion of the Parcels under an ownership right or any lease, sublease, license, concession, or other similar written agreement. (e) "Parcel" means either of the Lehman Lagoon Property or Navarre Property depending on the context, and "Parcels" means both the Lehman Lagoon Property and Navarre Property. 5. General Provisions. ( a) The Easement shall be irrevocable and perpetual in duration, provided, however, if a shorter period is required by applicable laws for the effectiveness of this Declaration, then the duration of the Easement shall be for so long as permitted by applicable laws. (b) The Easement shall be an easement appurtenant to the respective Parcels and not an easement in gross. ( c) In the event an Owner transfers or conveys a portion of its Parcel in accordance with applicable laws, the Easement which benefits, binds, and burdens the remainder of the Parcel not 719905v2 3 transferred or conveyed shall benefit, bind, and burden the portion of the Parcel so transferred or conveyed, and those easements granted under this Declaration which benefit, bind, and burden the portion so transferred or conveyed shall benefit, bind, and burden the remainder of the Parcel of which it was a part. ( d) The Easement shall exist by virtue of this Declaration, without the necessity of confirmation by any other document. (e) This Declaration shall not be subject to the doctrine of merger. (f) The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent ofthis document nor in any way affect the terms and provisions hereof. (g) Without limiting the generality of the terms of Section 5G) below and any other provisions hereof that provide that the easements granted herein shall automatically run with the land, the rights and obligations of any party hereunder may be assigned in whole or in part to any person acquiring the entire interest of such Owner in its Parcel, or any portion thereof, including any further subdivision or lot reconfiguration thereof, or to one or more ground lessees or lessees as may be permitted under the terms of any ground lease of a Parcel, which rights and obligations shall be expressly assumed by such ground lessee or lessees for the term of the ground lease or other lease agreement between such Owner and such ground lessee or lessee. (h) Each reference herein to an exhibit refers to the applicable exhibit that is attached to this Declaration. All such exhibits constitute a part of this Declaration and by this reference are expressly made a part hereof. (i) Any person acquiring fee title to any of the Parcels or any portion thereof, shall be bound by this Declaration only as to the Parcel or portion of the Parcel acquired by such person. In addition, such person shall be bound by this Declaration only during the period such person is the fee owner of such Parcel or portion of the Parcel; and, upon conveyance or transfer of the fee interest shall be released from liability hereunder, except as to the obligations, liabilities or responsibilities that accrue prior to such conveyance or transfer and during said period of ownership. Although persons may be released under this Paragraph, the easements, covenants and restrictions in this Declaration shall continue to be benefits to and servitudes upon said tracts running with the land. (j) The Benefited Property and the Burdened Property shall be transferred, held, sold, conveyed, and occupied subject to and together with the Easement granted herein. The Easement shall be binding upon all parties having any right, title, or interest in the Burdened Property, and their respective heirs, legal administrators, successors and assigns, including any ground lessee under a ground lease, and shall inure to the benefit of the Benefited Property and the Owner thereof, and its respective heirs, legal administrators, successors and assigns, including any ground lessee under a ground lease, and shall run with the land. Said easements, restrictions and obligations shall be unaffected by any change in the ownership of any property covered by this Declaration, except as specified herein. 719905v2 4 (k) In the event any provision or portion of this Declaration is held by any court of competent jurisdiction to be invalid or unenforceable, such holding will not affect the remainder hereof, and the remaining provisions shall continue in full force and effect at the same extent as would have been the case had such invalid or unenforceable provision or portion never been a part hereof. 6. Enforcement. Except as otherwise permitted in Sections 7 or 8 below, any controversy or dispute between the Owner of the Benefited Property and the Owner of the Burdened Property involving the meaning of the language or any term or condition of this Declaration shall be settled by arbitration in accordance with the arbitration rules of the American Arbitration Association by a single arbitrator. The arbitration proceeding shall be held in the Association's office in Minneapolis, Minnesota or at such other place as agreed to by the parties. The arbitrator shall have the right, to be exercised in the discretion of the arbitrator, to award attorney fees and costs to the opposing party if the arbitrator determines that any party to any dispute or disagreement in connection with this Declaration has acted in bad faith with respect to this Declaration, the dispute, or the arbitration. Judgment upon the award rendered by the arbitrator may be entered in any Court of appropriate jurisdiction. Notwithstanding the foregoing, any person subject to this Declaration, or with any rights hereunder, shall have the right to seek from any Court of competent jurisdiction equitable or provisional remedies (including temporary restraining orders, temporary injunctions, and the like) prior to or after any arbitration proceeding. 7. Self-Help. If the Owner of the Navarre Property (i.e. Defaulting Party) fails to perform its obligations under Section 3 of this Declaration within fifteen (15) days after written notice of default from the Owner of the Lehman Lagoon Property (i.e. Non-Defaulting Party), then the Non-Defaulting Party shall have the right, but not the obligation, to cure such default by the payment of money or the performance of some other action for the account of and at the expense of the Defaulting Party (subject to the cost sharing provisions of Section 3 of this Declaration); provided, however, that (i) prior to curing such default, the Non-Defaulting Party shall deliver not less than ten (10) days prior written notice to the Defaulting Party of the Non-Defaulting Party's election to cure such default, except in an emergency condition, and (ii) in the event the default shall constitute an emergency condition, the Non-Defaulting Party, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary in the case of emergency, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, a Non-Defaulting Party shall have the right to enter upon the Parcel of the Defaulting Party to perform any necessary work or furnish any necessary materials or services to cure the default of the Defaulting Party. In the event any Non-Defaulting Party shall cure a default, the Defaulting Party shall reimburse the Non-Defaulting Party within ten ( 10) days of receipt of demand, together with reasonable documentation supporting the expenditures made, for all out-of-pocket costs and expenses incurred in connection with such curative action (subject to the cost sharing provisions of Section 3 of this Declaration). 8. Lien Rights. Unpaid costs accruing pursuant to Section 3 or Section 7 shall constitute a lien against the Defaulting Party's Parcel. The lien shall attach and take effect only upon, and have priority from and after, recordation of a claim oflien against the Parcel in question in the office of 719905v2 5 the Registrar of Titles for Hennepin County, Minnesota by the Non-Defaulting Party making the claim. The claim of lien shall include the following: (i) The name of the lien claimant; (ii) A statement concerning the basis for the claim oflien and identifying the lien claimant; (iii) An identification of the Owner or reputed owner of the Parcel against which the lien is claimed; (iv) A description of the Parcel against which the lien is claimed; (v) A description of the work performed which has given rise to the claim oflien and a statement itemizing the amount thereof; and (vi) A statement that the lien is claimed pursuant to the provisions of this Declaration, reciting the date and Torrens document recording number hereof. The notice shall be duly verified, acknowledged and contain a certificate that a copy thereof has been served upon the Owner against whom the lien is claimed, by personal service or by mailing pursuant to the notice provisions hereof. The lien so claimed shall attach from the date of recordation solely in the amount claimed thereby and may be enforced in any judicial proceedings allowed by law, including without limitation, suit in the nature of a suit to foreclose a mechanic's lien under the applicable provisions of the law of the State of Minnesota 9. Estoppel Certificates. Each Owner shall, from time to time, within twenty (20) days after a written request from the other Owner, or such other Owner's mortgagee ( or its designee ), or to a prospective mortgagee or a prospective purchaser of such other Owner, at no charge to the requesting party, execute, acknowledge and deliver to the requesting party, a certificate stating (i) that this Declaration is unmodified and in full force and effect, or, if modified, identifying the modification agreement( s ); (ii) to the best knowledge of the party executing such certificate, whether there is any existing default, or Event of Default hereunder by the other party and, if so, specifying the nature and extent thereof; (iii) the nature and extent of any setoffs, claims or defenses then being asserted by the party requesting the certificate or otherwise known by the party executing the certificate; (iv) whether there are any liens ( or right to file such a lien whether actually filed or not) pursuant to Section 8 against the requesting Owner's Parcel or being claimed by the responding Owner against any other Parcel; (v) whether the party executing the certificate has given or received any notice making a demand or claim hereunder which has not been resolved; (vi) any unpaid costs or other sums owing by the requesting Owner to the other Owner; and (vii) such other matters as may be reasonably requested with respect to the rights and obligations of the parties under this Declaration 10. Mechanic's Liens. Each Owner performing work on the Access Facilities permitted by this Declaration shall promptly discharge any mechanic's liens filed against the other Owner's 719905v2 6 Parcel on account of such work; provided, however, this does not modify the cost sharing provisions of Section 3 of this Declaration. 11. Notices. To be effective, any notice, consent, or other communication required or permitted under this Declaration must be in writing. A notice or other communication shall be deemed to have been given to a party, and shall be effective, (i) if delivered by hand, when physically received by an Owner, or other person authorized by the Owner to receive notice by written notice to the other party, (ii) if delivered by an overnight delivery service, on the second business day following the date such notice or other communication is timely delivered to the overnight service, or (iii) if delivered by mail, on the third business day following the date such notice or other communication is deposited in the U.S. mail postage prepaid addressed to the other party, whichever occurs earlier. Notices shall be made to the address of record for the County as to where real property tax notices are to be sent, with respect to such Owner's Parcel, with a copy to any such additional address any Owner provides by written notice to the other Owner. IN WITNESS WHEREOF, Declarant has executed this Declaration as of the day and year first above-written. DECLARANT: ,,.,.--t LAKE ~t HOLDINGS, LLC Its: \I¾<: STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this .}/J day of ~o. @k u---k>e,..v" , 2014, by fSven ~$, the 1.M-e,,l,k,-L:u-v ofLAKESHORE HOLDINGS, LLC, a Minnesota limited liability company, on behalf of the company. Ws. Notary Public ~~ THIS INSTRUMENT DRAFTED BY: BARNES & THORNBURG LLP 225 South Sixth Street, Suite 2800 Minneapolis, Minnesota 55402 719905v2 7 RACHEL S THIBAULT Notary Public Minnesota My Comm. Expires Jan31,2015 EXHIBIT A Legal Description of Navarre Property The North sixty-two (62) feet of Lot 10, Block 1, Navarre, according to the recorded plat thereof, Hennepin County, Minnesota. (Tax Parcel ID No. 20-117-23-12-0009) And Lot 11, Block 1, Navarre, and that part of Lot 10, Block 1, Navarre, lying south of the north sixty- two (62) feet of Lot 10, Block 1, Navarre, according to the recorded plat thereof, Hennepin County, Minnesota. (Tax Parcel ID No. 20-117-23-0010) A-1 EXHIBITB Legal Description of Lehman Lagoon Property Lot 5, Block 1, Lehman Lagoon, according to the recorded plat thereof, Hennepin County, Minnesota. B-1 0 THE NORTHWEST CORNER Of LOT 5, BLOCK 1, LEHMANS LAGOON. iii "' "' "' i" ~ 40 80 120 EXHIBITC Legal Description and Sketch of Easement Area \ 5 89"4£' £ 9 1.0 ' ""', ' ....._ ....._ ....._ \ L,4/r'.c A#~ \ rcwlr'-4 ---------7 '-,_ ' V ---;:• ' ' / ,, PROPOSED INGRESS AND £GRESS EASEMENT ', .!!<'-.I.. / ....._ ....._ -----·-........... - ' (_ " ..... THE NE CORNER OF LOT 10 BLOCK 1, NAVARRE \() a <:5 . o' !:2 i" \,. tc ~ C-1 PROPOSE:0 INGRESS AND EGRESS EASEMENT over that port of Lot 10, Block 1, Navarre, ond Lot 5, Block 1, Lehman' s Lagoon which lies 14 feet southwesterly of and parallel with o line run northwesterly from the northeast corner of said Lot 10, Block 1, NAVARRE, to the northwesterly corner of said Lot 5, Block 1, LEHMAN' S LAGOON. and there terminating . PARCEL 2 NO ADDRESS ASSIGNED PID NO 201172312009 EXISTING LEGAL DESCRIPTION THE NORTH 62 FEET OF LOT 10, BLOCK 1, NAVARRE. ANO P!D NO 201172312D010 LOT 11, AND THAT PART Of LOT 10 LYNG SOUTH or THE NORTH 62 FEET THEREOF, BLOCK 1, NAVARRE. PROPOSED ffGAl 0£SCR/PT/ON LOT II, ANO THAT PART OF LOT 10 L YING SOUTH OF TH£ NORTH 52 FEIT THE:RE:OF, BLOCK 1, NAVARRE. TOG£TH£R WITH THAT PART OF LOT S, BLOCK 1, LEHMAN"S LA COON L YING wcsr OF TH£ NORTHF:RL Y CXTCNSJON OF LOT 10, BLOCK 1, NAVARRE. MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 11, 2014 (6 . #14-3 CITY OF ORONO WETLAND BUFFER PLAN AND MAINTENANCE AGREEMENT, Co . ued) Printup asked if this type of agreement i Mack indicated McMillan noted the agreement merely s does not have any problem with th Levang moved, Prin econded, to authorize the Mayor and City Administra maintenance pl nd agreement between the City of Orono and the Minnehaha land buffer improvements and maintenance. VOTE: Ay es 4, Nays 0. *7. #14-3676 LAKESHORE HOLDING , LCC, 2470 AND 2490 CARMAN STREET -LOT LINE REARRANGEMENT-RESOLUTION NO. 6428 Levang moved, Bremer seconded, to adopt RESOLUTION NO. 6428, a Resolution Approving a Subdivision of a Lot Line Rearrangement for the properties located at 24 70 Carman Street and 2490 Carman Street. VOTE: Ayes 4, Nays 0. UBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 8. 165 NORTH SHORE DRIVE -REVIEW OF SITE FILLING AND GRADING W Staff initially looked at this project back in June but additional cone brought up regarding erosion control on the site as well as what the actual scope e project was going to be . Martini indic d he has met several times with the neighboring res· ts to help them understand the proposed worlc the overall project. Martini stated the original plan had gra being performed appro ely half way up the lot. Last week Staff was out there again checking on t rogress of the w when it was noticed that the grading was extending all the way up the hill. Martini in oint Staff started looking into what the overall plan is and a request was made that the applica .. _,_, .. gineer submit a plan showing the extent of the grading . Martini stated he also met at that time with the ~oining property o ers and again went through their concerns and what Staff's understanding of e scope of the project was . artini stated he also spoke with Mark Gronberg about some of tho concerns and a request was made a revised grading plan reflecting the work that was actually; ing performed. Martini stated some mo ations were made to the plans to reflect those conce at were discussed with the adjoining property o Page 4 of 12 Date Application Received: 06/18/14 Date Application Considered as Complete : 07 /01/14 120-Day Review Period Expires: 08/30/14 REQUEST FOR COUNCIL ACTION Department Approval: ~dministrator Approval: Name: Melanie Curtis Title: Planning & Zoning Coordinator Item Description: Date: 6 August 2014 Item No. Agenda Section: #14-3676 -Sven Gustafson o/b/o Lakeshore Holdings LLC -Lot Line Rearrangement -RESOLUTION Zoning District: Property Areas: (Existing) Property Areas: (Proposed) List of Exhibits: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. LR-1B Single Family Lakeshore Residential, 1.0 acre/140' 2470 Carman Street= 0.89 acres 2490 Carman Street= 0.45 acres 2470 Carman Street= 0.76 acres 2490 Carman Street =.0.58 acres Draft Resolution Existing Surveys Proposed Survey Lot Line Movement Illustration Conceptual Home/Lot Layout Planning Commission Report & Exhibits 07 /15/14 Draft PC Minutes 07 /21/14 Application Summary: The applicant owns all three of the subject properties which make up 2470 and 2490 Carman Street. The applicant wishes to eliminate the common lot line dividing the two PIDs which make up 2490 Carman as well as move the lot line dividing 2470 and 2490 as an east/west division to create a north/south division as illustrated in Exhibit D. This would eliminate the physical connection of 2470 Carman to Carman Street itself and result in a larger 2490 Carman property. This lot line rearrangement will result in making the two properties more balanced in area; the widths are not proposed to change. Planning Commission Recommendation On July 21, 2014 the Planning Commission held a public hearing. There were public comments; please refer to the draft meeting minutes attached as Exhibit F for more detail. The Commission voted 7 to Oto recommend approval of the lot line rearrangement with the condition that the applicant provide proof of an existing easement or grant an easement to 2470 Carman over 2490 Carman for access. Planning Staff Recommendation Staff recommends approval of the lot line rearrangement . Staff will work with the property owner and the City Attorney to ensure that the necessary documents are prepared and filed. Further staff recommends that a second driveway curb cut not be permitted . The driveway accesses for the two properties will need to be defined and if necessary a new easement granted for access to 2470 Carman over 2490 Carman prior to the recording of the lot line rearrangement. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached Resolution. The lot line rearrangement approval resolution will be filed once the driveway access has been clarified. A RESOLUTION APPROVING A SUBDIVISION OF A LOT LINE REARRANGEMENT FILE NO. 14-3676 Council Exhibit A WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of Orono (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and · WHEREAS, Lakeshore Holdings, LLC/a Minnesota Limited Liability Company (hereinafter the "Applicant") is the owner of the property located ;at 2470 Carman Street {PID 20-117-23-12-0060} within the City of Orono (t,ereinafter "City'') and legally described as follows: · Lot 5, Block 1, Lehman's Lagoon, Hennepin County, Minnesofa(hereinafter "2470 Carman"); and · · · WHEREAS, the Applicant is ~lso the owner of the property located at 2490 Carman Street {PID 20-117-23-12-00.09 and PID 20-117;.23-12-0010) within the City and legally described as follows: The north 62 feet of Lot 10, Block 1, Navarre (PIO 2p-117-23-12-0009); AND Lot 11, and that part of Lot 10 lying south of the north 62 feet thereof, Block 1, Navarre (PIO 20- 117-23-12-00tO)Hennepin .County, Minnesota (hereinafter "2490 Carman"); and WHEREAS, the Applicant has St1.bmitted an application for a lot line rearrangement involving the 2470 Carman, anc:I 2490 Carman which would relocate the lot boundary line between tile. properties; and WHEREAS, after due P\.!blished and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and .the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on the lot line rearrangement on July 21, 2014 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; arid WHEREAS, the Orono City Council reviewed the proposed lot line rearrangement at a regular meeting held on August 11, 2014 and makes the following findings with regards to the proposed lot line rearrangement: FINDINGS 1. This application was reviewed as Zoning File #14-3676. 2. 2470 Carman contains 0.89 acres in area, 88 feet in width and currently contains a single family home. Page 1 of 2 3. 2490 Carman is comprised of two separate PIDs and has a total area of 0.45 acres combined, and 66 feet in width. 4. 2470 Carman is currently connected to City sanitary sewer; sanitary sewer is available for 2490 Carman. City water is available for both properties. 5. This application contemplates a lot line rearrangement to eliminate the common lot line dividing the two PIDs which make up 2490 Carman as well as move the lot line dividing 2470 and 2490 as an east/west division to create a north/south division. 6. Following the lot line rearrangement 2470 Carman>~ill have 0.76 acre in dry buildable area; and 2490 Carman will have 0.58 acres in dry buildable area. 7. 2470 Carman is currently served by a driveway which crosses, and also provides access to, 2490 Carman. As no additional ney\l curb cuts are permitted, a driveway access easement agreement may be necessary to access 2470 Carman over 2490 Carman. 8. Because this is a lot line rearrangement which results in no additional lots, no park fee or stormwater trunk fee will be required. CONCLUSIONS, ORDE.R AND CON.DITIONS NOW, THEREFORE, BE IT RES(;)LVl:D, that based upon one or more of the findings noted above, the City Council ,of the City of Orono hereby grants the lot line rearrangement of the above referenced propertie.s baseGI o.n the lot line rearrangement survey dated 06/09/14 and revised on 06/25/14 by Frank R. Cardarelle, Land Surveyor, attached as Exhibit A; subject to the. following q~:mditions: 1. The Applicarit shall file.the. appropriate deeds reflecting the new legal descriptions (subject to G:ityAttorneyapproval) with. the Hennepin County Recorder's Office and/or Registrar of Titles Office on or before August 11, 2015, or the approval granted by this resolution shall expire. 2. The Applicant shall provide proof of an access easement over an existing driveway; or shall grant adriveway easement over 2490 Carman to provide access to 2470 Carman prior to the recording of thi.s resolution finalizing the lot line rearrangement. Adopted by the City Council c,fQrono, Minnesota this 11 th day of August, 2014. ATTEST: Rachel Dodge, City Clerk Lili Tod McMillan, Mayor Page 2 of 2 1 2267 SF 1758 SF = 1266 SF 118 SF = 400 SF HARDCOVER EXISTING PARCEL 2 DRIVE = 2220 SF PVRWK = 266 SF TOTAL = 2486 SF /12.5% EXISTING PARCEL (9.75 % PROPOSED PARCEL) 4243 SF /14.9% EXISTING PARCEL PROPOSED PARCEL PORTION OF PARCEL 1 TO BE DEEDED TO PARCEL 2 5600 SF 20 40 60 IN FEET I I I I I I I I l I I ! I I i / i I \ \ \ ~---- --";-__ 7J OHW sat::::.::::-.. __ ---------------..... \ \ \ \ \ \ \.------. ~ , ~/ ..... , { I Resolution Exhibit A / EXISTING HOUSE ADVA.l\'CE SURVEH1YG & EiYGJSEERING CO. S~Hl\'FYFOR: GREGG .s:;1'-..'lEYED: Apri'. 22. 2•HJ LCUAL D~:,'-"RJ?TICJ,; LARSEN L~t 5. Bl,1cb, L, Lehn::ic L1Jl:,,;:i. IIe-..1.,cp1:.i C.11m.y. i,Iir..r.es,-..:,i SCOP[ <'JF \V! JR:<,.. 1. SJ<~ ;v:J:3.p: U :eng:h a:.d 1E:·c..:ci.P:::1 ,1f lh11ir.il.-L.-:, lice.., .1[ I.be ;:-.;,-,; l:!!!i. r!e•,,:ri;,:1r>!:. Tic !>c-1pe n:· ,mr scr-i:~s. d,1e:;; Ii£.! 1r.d1.:tle det::·nmir:g .-,h:1: y,11.: ,11n, -:vh'.d: :..1 il leg:.11 nn:U'T. r:n.,e ch~ck :.b..: l.:g-,t1 d.:!i.:=i?..:.s•:i wil.:l y.i:rr f.!~l•nb {'f L't•ru.1-!L "'il: .:,,u:.p.:l.:cl l.:g t ~1.•11:1.:,.:!.. i..f 11.:c:.!:!~:uy. ~: 1t~ 1 ~~:.t:~~t ~~ ... ~•~~~\~:J~~:d thJ: :11:y mn:tet-:<; ot recM:!, _:\.t.:ch 1,:; e-1".er.1cr: ;, tr::u y-TJ W~-<;h .~J,,n,,. .. 2. Sl·,1wing ·j:c ),,1::uur ,1r ct'...,;-:e:~ c11Tr;:v-!Il1~;1:., ,;e rle,...,1erl n~r,•rurt J. !,:-:1in,l! mi·,; r.t1Jr.Ln:-:1~" ~:-v.::rifyir.g ;ild :-:1,;,;1cJ:m·rr_, t~ r:1:dt. ih.-c;ir:1:!r:; ,1:-"t:1.-pt;.,r:.-rt;, 4. Sl:.1wkg eie·,:tli.ic'i :1:id .::;:-n.,11irs ~n '\b_,,w l;le l:1f'1~_phy nl LI:<! ...:ie. Tile ele'l<:iti,'ln-a; £1,1,,":1 rd:1:e only r.1 :hi!' :Je:1d:mri:i-: pr;•yided i!!l :bi~ ~-:1:-·c1·. Lse th:tt be1:chr.1arlc ~1j cl:i?ck >1~ ie1:-.t .11:e ;)ther fe,mte !:!.:.owJ t•:i L.h~ rc.1r •11l:.:r. 1!..:~.:r.r.l:llr:g ,,lr...:r dl:\"t:..:,•:l.!I i--r 1,~-= ;,n thb, :,il..: . .)_ Sil,TV!l:c: :m.:i :1hu:::itir.r, bt d en'-·::::· :Jr.d .Jt1.'J ;;f die :i't f:r. y,~o::-n:view J.t1d i'c.if 6e :-ev:ew ,1i -;1.:ch g.iv~::cr..1 .. 'llnl ·lg.:n:.!k:, i!I □·,:, l.!.w.: _:1:r~C1t-t1,1~ ;iy.:r '.l:tnl :.:I'\ ::r :-.:,111:: ... 1r:>!nC.. 6. '\\11Et ,.,.es:-:,~\.\-ll1e :l.li:dirg :,el'.'Y.ld, E:t~ ~ :he fit; .-,r O:·;)n,1'.'> ,.,.eh c,;\e, we :'lc:.gge'>l y,'l.J t,Ji.1 r-.h·.:, !!-UV.')• t.J tlv :ljlp1,q:-:1:.-...-it) ;.if[1.:i"tb r:J b,• ~ur;.• t!::1t t'.1: ~...-.b-1d, bi.·~ ·c•· ~1:,J\\-:1 c:1r:·.:c:1lj. 0:J tlth BEFORE ;~11. t.,e J!:.'i c,ur, e:i l:J d:!.C,:g:i -1:.:,t~1i~ if'! L1i-. 'i~t.-?. STA~DARD )\':,.,1B<"JL.S f\. CU"-IV[~JTl(J~.;~- ,, i 'D!c.;ll::''i l •2' ID ;'tfX! nn:1 ph.,:;:ic plq? •~'tr'....'.1g St 1,: Lc:!c_t,e :_";.1n:f'er 9235. :"i(!l, 1.r..!.e-,<., ;...,:b::rNJ\e 1Kited CERTITICATIUN I :1~:·i?hy ~f:1ny :111: t:1i;<; rhn. s1,ed:l..:1::,~1c, r-c;,1,1:1 ,1:· ~ur•e-:., Wl."> p1 ~;~11 eiJ '::ly :Tie,~:· unde:· Llj' ::L·ec! :,1.p,.:rvbi\•C .u:,I l:.il l .u:.11 '.it .. 'll::i.:·i Fnf-.:!:i,i 1c'il l:..::~in.:-.:r 'in,! ~'r:•[.::1~i:•:::1:--tl S.i:-,,.:~ .1r !l:t•.!.:r ~.: !-{,,., ,,[ che Sc:1u• .1i :-.111111~.-,la 5igna.ure. ~ Jt. /POAiw,, Benchmark· rq al monho,. 9~ 9 -, "'"' / -- ,o / I / I \ x,,,u \ / ,,1 ,,,, / "'Y :~a_,,.// / Xnt.-> u,•.!: XtlU '"'' ,._,,,,. a,_,,, ,,,. ..... -~. XlJ2.1 _>.(1-31.♦ ------x111t -"'"' Council Exhibit B1 Drw. No. 740768 TB ADVANCE SURVEYl:'VG & ENGINEERING CO. 5300 S. Hwy. No. l (Jt Mi:10.:'.,mk:.1. i\fN 553--15 Phm..: t952J -47~ 79:"4 SURVEY FOR: GREGG LARSEN S:.iRVEYED: Arn! 22. 2014 DRAFTED: April 23, 2cil-l L 'GAL Dl:SCIUPTTO:-;: P ircel 1: T 1e Nrnth /J'.! fr~t of Lm 10. Blod.;: I. "N:1,·11-r~. Hc"tmepin C•1umy. ~finne\ot:1. Psrcel 2: L,1t 11 nc,i Uiat part of Lot 11J lying S,mth oi the Nonh 61 r'eet thereoi. Block 1, NaYruTe, Hennepin County, ~Hnm:~orn. SCOPE Of \\ORK.: I. Showing the length and Jw;:>ction of h>1undary lin~~ of th~ ab.:ive legal de:"1..:ripti..11. Th~ ~Lope C'lf our services does lli"'t include determining \,·hat yon own. which is a legal matter. Ple:ise check the legs! dcsc,iption 111th your rcrnrd, or c;•osult with competent legal rouu,cl, if necessary. to make !'lure that it b corro;"..::t, and th:it 1ny matter\ of re1..":1rd, ~u~b a..., e1..-._eme11b. thrit y.1u wbh ~h0\vn on the survey, h3'·e been sh.rn11. 2. ShO\Ying [h~ loc:ttion of ~xisting improvi:.'.'menb ~e deemed impanant. 3. Selling ne,, monu111~nl.s ur \eriCying old monumcnl:-. lo mark the canh~r!-i ofLhc prapt!rl) -I. Shawi1:g ckvrrtiou, and contour\ to show the topography of the site. The elevation, sho,vc relate only to the bend1msrk pmvided on thi, .,urvey. U.,e that benchmark ar.d check at lea.st one other feature sho\\n au the map when dl!tcnnining nthcr elevmiou.s for use on this site. 5. Showing :md tuhulating h:1rd .:-over and ,.m::<-1 of th~ h,t f\,r your r~vk,v and for the r.::.."vi:.·w l>T~ ~uch governmental agencies gs may ha, e jurbdi.:tion over lnrd .:over r~quirem~H_.., 6. While we show the bnilcti!!g setback lines per the C'ity of Orono's web site. we suggest y,1n show this survey to the apprcipriate city officia1b to he sure that the setb"sk line, are ,hawn corractl). Dt, thi, BLfORE you 1,;e thi; sumey to design soything for rhi, stte. STANDARD SYl\fBOLS &: CO'-"VEl'iTlOXS: 11 • 11 Denotes l 12 1 ' 1D ripe with rlastic plug bearing St:ita Li~ens~ Number Y2J5. set unless athern·isc noti:.:d. l'ERTlf!CATION: I hereby cc1tify [h:it thi:'i pl:tn~ spccifi.:~tirni, reprnt or !'iun·..:y \\":.l.'i pr.:::purcd hy m.: or und .. :r mY di1 c~t supervision and lh:lt { am a li1,;i;'!t1~ed Pro1~e~~i0m1I C.nginccr and Prnfcssim1:1.l Sun e_yor under lhc law~ of the State of ~linnes,1t1. Typ~<l -'lame: James H. Parker D~tc: April 23. 21114 40 I \ I I "' ~ ~ ~ Benchmark: Top of manholi 948.9 ~/ Xi4i.1 / Xu(z. X9J'-.!1 , -,, XsJJ.! X!IJZ-.l XiJ21 xrn.2 X9.JVI XiJJ.e: XU2J! X9J4a Dwe/1/119 /, XIIJJe 9JJ,aX X9JJ.J X;.J2.! X9J1.e .,,.,._,, __ ___,"',~' • \ • ~Jl.\1 ... • ~ • q 3(930,2 .,. ,A(iZ9.J -- Drw. No. 140167 TB HARDCOVER EXISTING PARCEL 1 PARCEL 2 \ DRIVE = 1758 SF PVRWK = 266 SF \ \ \ HOUSE = 2267 SF DRIVE = 2220 SF -~ ~w~~~E,,.=1~~ 6 ~/F TfJ.~~;. ~~8~o~l~i"~2Et( 1 snNG PARCEL, '~ \~\ LAKE MINNETONKA PVRPTO = 400 SF ,~ ~~'\ TOTAL "" 4243 SF /14.9% EXISTING PARCEL \ \ ~, \ 0 '\ 17.4 % PROPOSED PARCEL , \ ;t:,. \,.-~'-____ _l6 PORTION OF PARCEL 1 TO BE DEEDED TO PARCEL 2 5600 SF 0 20 40 60 SCALE IN FEET ------ I ---==--- I I I I I I I ---- \i,;:: I '\ -~-----4 \~ \, '~ 931.5 100 YFE -~?---, /~ ASPlfA ~--=-====-:-=--===-. i \T DR//;,~ 1}_9::_4~ f;_ _4Q,Q, " ,., rl----+---+-::-+--,;-----',,-----t \ \ \ \ / EXISTING HOUSE PARCEL 1 ADDRESS 2470 CARMEN STREET PID NO 2011723120060 EXISITNG LEGAL DESCRIPTION LOT 5, BLOCK 1, LEHMAN'S LAGOON AREA= 39000 SF PROPOSED LEGAL DESCRIPTION LOT 5, BLOCK 1, LEHMAN'S LA GOON, EXCEPT THAT PART LYING WESTERLY OF THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 10, BLOCK 1, NAVARRE. AREA = 33400 SF PARCEL 2 NO ADDRESS ASSIGNED PID NO 201172312009 EXISTING LEGAL DESCRIPTION THE NORTH 62 FEET OF LOT 10, BLOCK 1, NAVARRE. AND PIO NO 2011723120010 LOT 11, AND THAT PART OF LOT 10 LYING SOUTH OF THE NORTH 62 FEET THEREOF, BLOCK 1, NAVARRE. AREA = 19900 SF PROPOSED LEGAL DESCRIP770N LOT 11, AND THAT PART OF LOT 10 LYING SOUTH OF THE NORTH 62 FEET THEREOF, BLOCK 1, NA VARRE. TOGETHER WITH THAT PART OF LOT 5, BLOCK 1, LEHMAN"S LAGOON, LYING WEST OF THE NORTHERLY EXTENSION OF LOT 10, BLOCK 1, NAVARRE. AREA = 25500 SF 8 ~ .. .... 0 IN 'i t; i Council Exhibit C 3676 RECEIVED JUN 3 0 2014 CITY OF ORONO HARDCOVER EXISTING PARCEL 2 DRIVE = 2220 SF PVRWK = 266 SF ;F TOTAL = 2486 SF /1 2.5% EXISTING PARCEL (9 .75 % PROPOSED PARCEL) · /14.9% EXISTING PARCEL ) PARCEL v OF PARCEL 1 TO /JED TO PARCEL 2 r: I I I ... LADve / (M" ~ ;' ·1----, I 40 60 IN FEET \ \ I I ) I I , I I I S /§9°4 !;:. E 91.'f __ --------- ---.;,,,-, __ 7J OHW S~L _:.:::>------ \ -.........._ ...... __ \ \ \ \ \ \ \ \ I \ \ '------------- EXIS TING HOUSE #2470 ·--- Council Exhibit D / EXIS TIN G HOUSE ~St: Orono,"MN 7/21/2014 \ Proposed Site Plan: featuring: -shared driveway -approximate siting of homes on both lots -vegative screening from one lot to the other I I I I \ 'r- +----------- I I \ ---0 ---- I I I I l1i I ---+ .,J / / STONEWOOD LLC 1 "°~4 ! I copyright 20 14 mo >< 0 ~ C: C" :::, ~ ri. m- Date Application Received: 06/18/14 Date Application Considered as Complete: 07 /01/14 120-Day Review Period Expires: 08/30/14 To: From: Date: Subject: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator Melanie Curtis, Planning & Zoning Coordin~ 15 July 2014 #14-3676, Sven Gustafson o/b/o Lakeshore Holdings LLC 2470 Carman Street/ PIO 20-117-23-12-0060 2490 Carman Street/ PIO 20-117-23-12-0009 & PID 20-117-23-12-0010 Public Hearing for Subdivision of a Lot Line Rearrangement Zoning District: Property Areas: (Existing) LR-18 Single Family Lakeshore Residential, 1.0 acre/140' 2470 Carman Street= 0 .89 acres Property Areas: {Proposed) 2490 Carman Street= 0.45 acres 2470 Carman Street= 0.76 acres 2490 Carman Street= 0.58 acres Application Summary: This application contemplates a lot line rearrangement between the three properties owned by the applicant and identified as 2470 and 2490 Carman Street. Staff Recommendation: Planning Staff recommends approval of the lot line rearrangement as proposed . List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Exhibit H. Exhibit I. Exhibit J. Exhibit K. Application Existing Surveys Proposed Survey Lot Line Movement Exhibit Hardcover Calculations -Post Lot Line Rearrangement Aerial Photo Driveway Easement Documents City Engineer Comments Letter from City Staff Property Owners List Plat Map Pertinent Zoning Ordinance Sections Sec. 78-330. Area, height, lot width and yard requirements. (a) Height. No structure or building in the LR-1B district shall exceed 2½ stories and shall not exceed 30 feet in height except as provided in section 78-1366. (b) Lots. The following minimum requirements shall be observed: Lot Area Lot Width Front Yard Side Yard Adjacent to Another Rear Yard Side Yard Adjacent (acre) (feet) (feet) Lot (feet) (feet) to Street (feet) Council Exhibit F (Code 1984, § 10.24(5); Ord. No. 18 3rd series,§ 3, 9-27-2004) Summary 14-3676 15 July 2014 Page 2 of 3 The applicant owns all three of the subject properties which make up 2470 and 2490 Carman Street. The property addressed 2470 Carman Street has 0.89 acres in area, 88 feet in width and currently contains a single family home. Access to this property is over a driveway which crosses a portion of the northerly lot of the 2490 Carman property. The property at 2490 Carman Street is comprised of two separate PIDs and has a total of 0.45 acres, 66 feet in width and contains a portion of the driveway serving 2470 Carman. The applicant wishes to eliminate the common lot line dividing the two PIDs which make up 2490 Carman as well as move the lot line dividing 2470 and 2490 as an east/west division to create a north/south division as illustrated in Exhibit D. This would eliminate the physical connection of the 2470 Carman Street to Carman Street itself and result in a larger 2490 Carman property. The driveway access for 2470 Carman would need to be reoriented to the existing driveway access on the north end of this lot and which is currently serving the properties to the east via an existing driveway easement. This lot line rearrangement will result in making the two properties more balanced in area; the widths are not proposed to change. Property Areas: (Existing) Property Areas: (Proposed) Lot Area Analysis Property 2470 Carman Street 2490 Carman Street Total 2470 Carman Street= 0.89 acres 2490 Carman Street= 0.45 acres 2470 Carman Street= 0.76 acres 2490 Carman Street= 0.58 acres Existing Area 39,000 s.f. I 0.89 acre 19,900 s.f. / 0.45 acre 58,900 s.f. / 1.35 acres Conformance with Zoning Ordinance Proposed Area 33,400 s.f. / 0.76 acre 25,500 s.f. / 0.58 acre 58,900 s.f. / 1.35 acres The LR-1B district requires a minimum of 1.0 acres and 140 feet of frontage width per lot. Currently with both properties are substandard with respect to lot area and lot width. Following the lot line rearrangement, the properties will continue to have substandard areas and widths, however 2490 will gain in square footage and the lots will be more balanced in size. The west side lot line of 2490 Carman abuts a platted, undeveloped City right-of-way (ROW). This ROW dictates a required 35 foot side street setback for structures. The property to the east at 3555 Frederick shares the ROW with 2490 Carman, however is located in the LR-lC ½ acre zoning district. The LR-lC standards require only a 15 foot side street setback. The owner of 2490 Carman Street has expressed an interest in possibly pursuing a side street setback variance in the future for the development of this parcel. Combination of Parcels 14-3676 15 July 2014 Page 3 of 3 New deeds must be created for both properties reflecting the new legal descriptions. Because this is a lot line rearrangement which results in no additional lots, no park fee or stormwater trunk fee will be required. Discussion There are hardcover encroachments which currently extend on to the 2490 Carman Street property resulting from the existing home on 2470 Carman Street -paver sidewalk and an existing driveway access. The applicant should provide the Planning Commission with their plan for further development of the properties and elimination of the existing encroachments. The applicant should speak specifically about the paver sidewalk on the west side of the home and the driveway crossing 2490 Carman Street. Staff Recommendation Staff recommends approval of the lot line rearrangement. The property owner has provided new proposed legal descriptions for each property. As part of this approval the applicant will be required to file new deeds based on the new legal descriptions. Staff will work with the property owner and the City Attorney to ensure that the necessary documents are prepared and filed. The Planning Commission should hold the public hearing regarding the lot line rearrangement and make a recommendation to the City Council. City of Orono Subdivision Application Street Address: 2750 Kelley Parkway Orono , MN 55356 Main : 952-249-4600 fax : 952-249-4616 Mailing Address: P .O . Box 66 C stal Ba , MN 55323-0066 PROPERTY INFORMATION: Application# Date Received : Staff: Application Fee: Escrow# & $ Notes : PC Exhibit A SiteAddress: ~'-f70 Cc....-1'1:\ell S+-Ce..Q.~ '-'----'----------~---------~~---- Property Identification Number (PIN): 2 () l\7 '2..3 tz.ooc.o I Z.0\\7'2.. 's n ... 009 (Attach legal description to application if not included on the survey) Date Property Acquired (month/year): {V\.CA..'\, 2 O \1.-( □ Abstract Present use of property: li2l"Residential ; number of Units __ 1. ___ _ □ Torrens (Please check one) □ Other (specify) ________________________ _ Zoning District: -=L~[Z=-----'j_=......;;6=-------- APPLICANT INFORMATION: (Complete legal names and marital status required for each interested party) Name(s): L0.1l.t.S¼o~ t-\old~5 1.-.£.. C.. Phone(home): Cel?..· l..l(p"2. ~/OOC)' Phone(cell): <b /2. .2.C.C 7. ~C:,70 Address : 153 l.-CA.lle.... ~+-. E. k?C...'-{ 7-CA..¼-6.. 1 AA.f.J Ef.339 \ Email : S"e..v\ @ <:-:,-te),I\JLL,.>C:OO.• C...Co./V\. Fax: _____________ _ OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name(s): Lo..\l-e...S\Acc-e.... Hold,/"\~s LLC. Phone (home): C:-12..-t../ <-'Z.-'1 OCO Phone (cell): (el 2 . Z. ~ T 2~ c. O Address: lo 3 L...a.!Le. S+. ;;:-(A)D..y:z_qd--6:.., ,. AA &( '5S'69 \ Email : S \JU\ @) '.5~,/\..-U,00cx:l , C....OIM. Fax: _____________ _ EXISTING LAND USE: Number of Tax Parcels : Development Size: 6eROO SF Acres Dry Land ' Acres Wet Land PROPOSED LAND USE: '6B 19COS:~ Acres TOTAL, all parcels □ .Division for Tax Purposes ➔ lll""j..ot Line Rearrangement Only (no new building sites) _ Subdivision for New Building SitP,s Number of Building Sites : Existing Units : New Units : Total Units : Proposed Gross Density ______ Units per _____ acres Minimum Lot Size : ______ Square feet dry buildable land Proposed Use (check)ii' Residential □ Other (specify) ______________________ _ Minimum Material Required for Complete Preliminary Plat Application 1. Payment of fees , 2. Completed application form . 3. Preliminary plat information on Certificate of Survey. 4. Certified Property Owners list 5. A list of any other persons you wish not ified of this application Subdivision Packet Last Updated: 04/01/2013 '• . Minimum Material Required for a Complete Final Plat Application 1. Payment of fees 2. Signed certificate of Survey or mylar copies of formal plat. 3. Title opinion . VEO 4. Easements , covenants , etc . RECEI 5. Developers Agreement 6. Letter of Credit Page11of24 # 3 6 7 6 CITY OF ORONO APPLICATION FEES: (Planning & Zoning Coordinator to [X] those which apply) Application Base Fees: Cost Total Sketch Plan Review (Class I, II & Ill) $350* Subdivision Application (Class I & I or Lot Line Rearranqement) $700* }t' Preliminary Plat Review, plus $30/lot (Class Ill & all non-residential) $850* Final Plat Review $700* Renewal of Subdivision Approval (Class I, II & Ill or Lot Line Rearrangement) $350* No Change from Original Approval Application Escrow (Class I, II & Ill and Lot Line Rearrangement) No Public Improvements $2,500 Application Escrow (Class I, II & Ill and Lot Line Rearranoement) with Public Improvements $10,000 Park Fees (to be determined per Section 82-227) As incurred *plus, Engineering & Legal Review s ;pecial Improvement Fees: Cost Total Proposed Private Roads, plus $.50/lineal foot $650* + Proposed Public Roads, plus $.50/lineal foot $950* + Request for City to Accept Existing Private Road $950* Request for City to maintain unimproved public road $225 Proposed Sanitary Sewer Main Extension, plus $25/stub $275* + Proposed Watermain Extension, plus $25/stub $275* + Proposed Storm Sewer System (excludinq culverts) $250* On-site System, Site Evaluation Review (aoolicable to rural subdivision) $60/per lot x$60 *plus, Engmeermg & Legal Review Fl "bl A r r F ex, e ,pp ,ca 10n ees / M" II ,see aneous F ees Cost Total Variance $700* Vacation of Public Road $100 per benefitino property ($700 minimum per aool) Varies Easement Vacation Associated with a Subdivision $200* Easement Creation with Subdivision Aoolication No fee Escrow for Vacations and Easements $700 PRO Aoolication with Subdivision, $35/dwellino unit x$35 Appeal of Administrative Decision $50 *plus, Engineering & Legal Review Total Escrow Amount $2,500 I $10,000 / Other r 700 k TOTAL DUE $/460 ~, APPLICANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Applicant and/or Ow r cknowledge they must be present at all scheduled review meetings of the Planning Commission and ii. If an applicant and/or owner is unable to attend a scheduled meeting, please make authorized representative attend in place of the applicant/owner and advise the City Planner Owner's Signature,-,i"'F--w:Cz:---1---------- 0wner's Signature:7 ~~~~F==-------;~ RECEIVED Applicant's Signature:-+,1'---11--,..,.._ _______ _ .IUN 1 8 2014 Applicant's Signature: ___________ _ Subdivision Packet Last Updated: 04/01/2013 ~~gg,BRONO Date: :r""-H-1--?~ Date: Date: ~~ ,,--1,-. Date: #3676 DATA PRIVACY ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd. 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information. You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested. 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license. 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself. 6. Your full name is required to process this application or permit. ~ ..,;..,..,,. 9'~ ~ Middle Last lS3 LC:A\l.<L St. € Address MN 5539\ State Zip Subdivision Packet Last Updated: 04/01/2013 Page 13 of24 # 3676 G<Z -2 re 7-2,e,70 Phone RECEIVED JUN 1 8 2014 CITY OF ORONO ADVAlVCE S URVEJ-11\'G & ENGINEERING CO. S1/TlVF.YFOR : GREGG SURVEYED : Apri l 22. 2{)1'1 LC UAL DE,'.'Rl?TICJ .~: LARSEN l ol 5. Bloc k 1, Leluna t LiJ,<O.m. !Ie-.m~piu Co un :y, Mim~;,1·,1,. SC(JPE (JF Wl JR :<.. DR.-\FTED · Apr il 23 . :0 14 1. Sh,1 ·Hlng lti! !ength ii!:d direci.ii'!l ,1f hmu:1LU) line.~ of th o:! afloy :! l:!~al de•,::-rip !!C!l.. rai: scope of ,1Ut :'ier,i ce:'i d,le'I ill:! ir.cl ude de tf!1111mi ni; wh::it y,m ,1wn , which i., a lega l 111,mer. P\n,;e ch·.:t:k th.: hi)l ·d d.:~.:rip:i1•n wiili yutl! r-.:~l•rd, :•r nm:,11!t \\ i!.h ::t,mp,.:l.:cl J.:~·1r c1•11:l!,.:L if n ..:c.::,:,:uy, co male.? sure tha : it is c;ir:-e c:, :mrl cha t :my matl.:'r.o. of record , such 1 .. ,;:-a~,m~n '. th:ll y:m ~·i.~\ :'i li.n'"11 un thi: :,,1m ·..:v, ln ,..: b.: .. '11 ~••wn. ~-Slww in _g ·c11e \;•..::Hi nn or c!".'(£.o;tin~ i1npr1YV·:m:."TT !., ?le. rt e~1ert ir:1r,~rtu:t. J . !,:-':.tin!( nr:w monut!l :'ll~'I orvcrify in_g 11!d 11Hm:.1m:-rr.,., t~ ma rk ch._.. i.::"111 ::rs ur"th.:-pr .1p=rry. 4. Shnwing ek,nli ~111..; anrl con !our~ !n '\how \bl! Lnp :ig;a.phy a[ lhc: <J.te. Tlle .alc:vat i,nt'I s11~,\\.'!1 rc:l;1 1e only hl die be !1l."hmnrY. pr>'vi rl ed mi d,i~ !17J l-•·ey. u~e tb :it ~,ichm~rL: ~1.i check q! le:i ~I ;,ne ,1rher f~m,e ~uw::a un lh~ m,,p "'l:..:n 11..:!i:rn-...l,!llll,g :1th.:r :.:h.:\'11!..i1 •!l!I f1•r t1!1.: ~n thi:!! :,it .:. 5. Sh,rv:ng an d t.ahu b tir.p. hJrd cover ~nd i.11?:l or· tl1e h--t fer. Y•"ilr review 8-:id rot the rev!ew of ~JC'h t ••VLn:ru•:m:al :1}1.-.'ll::i..:!I lt:!! ca:, U:w.:: .t •m!icl !t1i un ~,vcr h:ttd t:eo \::r r..:11m.r .. 1~nb. 6. "11H:! We! !ih~,w the buil din g r.c:lharl-. Ht1~ r~r th.: ("ily .ir Omnn',\ web <ih e, we: .'li..:ggc:\l ynu \how tin.\ jU tv ::y t .J th.• :i1,r,rnr,ri:1 !t' ~·i t:, offa·iab !:J IJ :· ~ur•· rh:,t th.· ~.:-:b·1d.: lu ,.-!I rir.: :,l:mvn cor:·.:c 1ly. 01J tJn~ BEFORE )OH w,.: tl:i, r.ur,c:i lo d~!tig;:i :t.:.,thing fm L.1h si!i:. ST ANDARD ~ \'r-,1B<JLS I.. C(JN V[NT t<JN ~: "i "D~c.ot::.-. 1/2 '' ID pipe with ph.s1ic p lug h;:aring S1<1 1e Uc~r,.c,e !'•hun.hl!r 913:i , se l, 11n!e ~\ mll erwi~e not!d. CEI\TIFICA TION : I h!r!!hy ::i::1t iry :!11:this. pl,n. s.1,,eor i!l ;qi1,,11, rep,llt ,lr s.un ·ey w1.-. pre rn1ed by me .~1· unde r my d:recl :,11 p..:n,j5,i nn ac.1 1 Ul:1L l :u:i :1 lic -.11 :f..::l l'f:'Jf.:!>si,m..1 l b::.).'iD~".!r .t n,l l'~:,f.::i:ai1 •:1!il ~ur,.:yor U!ld.:r th.: h •1 !> H[ ch e SL:lie .1t'Mi1111 e:.r.rn . f'l.1.1 BenchmqrK· re, olm0Mo1-9~9 -, x,i,,,./ -- 40 _,....,,"\- • .-___ g,"-fa' . XtPI .-· .-· .,,,."1'f"' • ,: / u.u: • I ~ J ~ , I ' ._ ~ -_:-'-;.~-t-~,::,.C'-"'-'l=Jl. ... __ ,:..----:s-I/ . "'"' / / ,, • I .··x,.u., I .· II_,,,... ,, / / ,, // XllU xui.J -~~------------ / my :~·.,...,,.,. / / Xtu.J ,·. ~ ··_;-{;i·. XtJI..I ,;···--------·--· _}!<f.JI •• ·.:_·::--;1(1J11 ..... -....X,192 PC Exhibit B Drw. No. 740768 TB ADVANCE SURVEYING & ENGINEERING CO. 5300 S. Hw r. No. IOI Minnl'.t1ink:.1 , MN 55~45 SURVEYFOR: GREGG SURVEYED: April 22. 20 14 L "GAL DESCRI PTI ON: Pu-eel I: Phnn, (952) n 1 79!>4 \\ ww.uJ;~urxum LARSEN DRAFTED: April 23, 20 1-1 T 1e Nrnth ~2 fr;:t of Lm I 0, Bl oc k I. Navarn.:, H~nm:pin Co unty , ~,fin ne'.\ot1. Parcel 2: L<1t 11 oi:rl that pan of Lot 10 ly ing Sontlt of th e North 62 feet there of. Block 1, N avmTe , Henn epin Caunt y, ~finn ~~orn. SCOPE Of \\'ORK.: I. Sh ow ing rhe len brth an d dir~t:tion c,f boun da ry li ne!\ of th~ abovt:! le ga l de:--~ripti nn. T he !"lcope C1f our si!rvices dl1es nN include detem.tloing ,·dim you owu. whi ch is a le gal malter. Plea se chec k the kg,! description with p ur rcwrd, or wnsult with ccnn petrnt legs] rnuu,cl, if necessary. to mak ~ :,ur~ that it i~ ~orrect, and tha t un y matter~ of record , suc h a!'! ea.\eme11L-;, th at yo u wbh :-.ho\'m on the survey, ha ve heen shown . 2. Sh owing the lo c:ttion of !!~isling improvement'i we deemed imporrnnt. 3. Si!tling ne w monumenls or \'erirying old monu mt?nls Lo mark the corner!-! of the prop,!-rly. ➔. Sbowing ck vution.'i amt contnun to show th e topogr!iphy of th~ /\-itc . T!J c-clcn1ti nn.r;; sh mvn rdm ~ only to the benchm ark provid ed o n thi, ,ui,,ey. Use th at benchmark an d check at least one other fe ature shown 0 11 the map when de1ermining other elavstious for use ou this site. 5. Sho wing and tahul ating h:1rd cov-cr ;.md arc.i of th~ lot for yn ur r~viC\'v" and fur the r~-vi t-w of :;uc h govern men ta l ag enci es as may ha ve juri ~dii.::lion m·er h:1rd ~over requirem enl\. 6. While we show the bnilcling setback lines per the City of Oron o's web site. we snggest y,m show this sur vey rn the app ropr iate city officials to he sure that the se tb ,,ak lines are ,hown correctly. D<, thi , Bl..\fORE you use this survey lo design anythin g for thi s site . STANDARD SYJI.IB OLS & CONVENTIONS: " • " Denotes 112" JD pipe with plastic plug bearing State Li cense Number 923.S . set, unless otherwise not .::d . C'CRT!f !CA TIO N: I hereby cc1tify th1:.1t th i~ phm, !ipccifi ct1 tion , rcprnt or survey wu~ pr~p urc d by me or umk,· my direct super vision and lhst I am a licensed Proress ion•I l:ngineer ,nd Prnre s,ional Sun eyo r un der lhe law, or the State of Minnes;ita. Signanu-e: ~ Jt. {Prv,},..v,, D,tc: April 23. 201 4 Type<l Name: James H. Psrker Reg. No. 9235 40 I L- X 9J 2.J Xi.JZI '.X9J2.9 X'ilJUI XUl..CI Xs,4., Dwelling X9JJ.J XiJl.5 X9JL& -- -Drw. -No. -140167 TB PARCEL 1 HARDCOVER EXISTING HOUSE = 2267 SF DRIVE = 1758 SF N DRIVE = 1266 SF FWALK = 118 SF PVRPTO = 400 SF PARCEL 2 DRIVE = 2220 SF PVRWK = 266 SF TOTAL = 2486 SF /12.5% EXISTING PARCEL (9.75 % PROPOSED PARCEL) TOTAL = 4243 SF /14.9% EXISTING PARCEL 17.4 % PROPOSED PARCEL ,,,, \~\ '~ \~~ LAKE MINNETONKA \ ~ \~o\\ \ \ \ \. -~~. 1 \ ;:t: \, ·~ --18 I I \/ \~ \ •,~~----------I ;\-• PORTION OF PARCEL 1 TO BE DEEDED TO PARCEL 2 5600 SF 0 20 40 60 SCALE IN FEET I --.;.;;::--- I I I I I I I --- \~ , ···~ 931.5 100 YFE -~?-- s h9°4 ,~ E I 91.~ i~ ASPliA\T t;;t-§.-9:~'i~--4~Q, y-/ - ,..+---;---+-;;;,,--+--+--t,-i i ' \ DRAINAGE AND UTILITY 7 PROPOSED L \ -THE NO EXTENSION -c:.. \ OF T. WEST LINE OF LOT 10, '.J\ BLO \ \ -----------..... ___ _ ---''c:---7~ OHW S~L-~------ '. ---------\ \ \ \ \ \ \ '-------- { I ;rj § ~ I I i EXISTING HOUSE PARCEL 1 ADDRESS 2470 CARMEN STREET PID NO 2011723120060 EXISITNG LEGAL DESCRIPTION LOT 5, BLOCK 1, LEHMAN' S LAGOON AREA= 39000 SF PROPOSED LEGAL DESCRIPTION LOT 5, BLOCK 1, LEHMAN'S LAGOON, EXCEPT THAT PART L YING WESTERLY OF THE NORTHERLY EXTENSION OF THE EAST LINE OF LOT 10, BLOCK 1, NAVARRE AREA = 33400 SF PARCEL 2 NO ADDRESS ASSIGNED PID NO 201172312009 EXISTING LEGAL DESCRIPTION THE NORTH 62 FEET OF LOT 10, BLOCK 1, NAVARRE. AND PID NO 2011723120010 LOT 11, AND THAT PART OF LOT 10 LYING SOUTH OF THE NORTH 62 FEET THEREOF, BLOCK 1, NAVARRE. AREA = 19900 SF PROPOSED LEGAL DESCRIPTION LOT 11, AND THAT PART OF LOT 10 LYING SOUTH OF THE NORTH 62 FEET THEREOF, BLOCK 1, NA VARRE. TOGETHER WITH THAT PART OF LOT 5, BLOCK 1, LEHMAN"S LAGOON, LYING WEST OF THE NORTHERLY EXTENSION OF LOT 10, BLOCK 1, NA VARRE. AREA = 25500 SF PC ExhibitC 3676 RECEIVED JUN 3 0 2014 CITY OF ORONO HARDCOVER EXISTING PARCEL 2 DRIVE = 2220 SF PVRWK = 266 SF ;F TOTAL = 2486 SF /12.5% EXISTING PARCEL (9.75 % PROPOSED PARCEL) \ \ · /14.9% EXISTING PARCEL ) PARCEL v OF PARCEL 1 TO DED TO PARCEL 2 p I I I #4M1>ve 1 / I r ..-.: -1 ___,./_,~ I I I I 40 60 IN FEET \ \ I I I ) / / / \ £ 91.[J __ \ \ \ \ ', \. LAKE MINNETONKA \ \ \ ~ \ : . \E J \; I \· EXISTING HOUSE #2470 (ci , ~I _, ( I i i i PC Exhibit D \ \ / EXIS TING HOUSE L_DEC~.J ----,,,.. / C •t f Q PC Exhibit E ) 1 yo rono Hardcover Calculation Worksheet c ~uN 3 o 2014 Property Address: 2-470 CA 12 M ,4 IJ ST p /F(U. CL,;. ~ J OF 0Rotvo Prepared by: f.2A:tJO'/ $~/2.µ Date: ~ 2.5 Jf Stonnwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property; keyed by letter to Certificate of Survey (survey must accompany this fonn). Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. ' Keyto Hardcover Item (Describe) Length x Width Total Survey (Square Feet} lExamolel lGaraae} (24' X 30') (720S.FJ A LJ./") I t C, .f-, 2...-2-t::> S.F. B 1--\.17 I\/~ ~ ,-,c;i S.F. C ~lJ·1 (/ ,=,-r #J' D rx.TH ) I 9 Z... -S.F. D 'Af LI.-I t...' ,. I t 1:2 S.F. E "">uD r.Jl\..TJ A ..:::s.. ""'"'"' S.F. F . . S.F . ' G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. 0 ... S.F . p / S.F. Q -S.F. R. S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. z S.F. l1) Total Existina Hardcover A.'? A':l, S.F. Excludable Hardcover fSee Citv Code Sec 78•1684}: S.F. S.F. S.F. S.F. S.F. l2) Total Excludable Hardcover S.F. l3) Net Existina Hardcover £Subtract line (2) from line l1 )1 A, Z.4-7:, S.F. (4) Total Lot Area "l. "'l. LL Oh S.F. Proposed Hardcover Percentage [ (3) + (4)] ,1.4 % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page 8of9 #3676 ; ~~ w C'~ City of Orono C})).. ~ J> "~ Hardcover Calculation Worksheet o~ 0<o Property Address: Z4 7 0 CA--~ MA N S.-r ll.E-E-T ( p A-12.C-E-e~~ 1 Prepared by: fs,4-vot.q _ STE(2..,J Date: I>} 2.s/14 ° Storr,nwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify all items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form), Use as many lines as necessary to accurately depict existing hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75' setback line and calculate hardcover square footage separately for each portion. Key to Hardcover Item (Describe) Length x Width Total Survey (Square Feet) (Examole) (Garaoe\ (24' X 30') (720 S .F.) A rJI?IV~ '> ?-, /"\ S.F . ~ l:>A vs::. 12 \AJA-Iv ? LL S .F. C . S.F. D S .F . E S.F. F S.F. G S.F. H S.F. I , S.F. J S.F. K S .F. L S .F. M S.F . N S.F . -0 S.F. p S .F. Q S .F . R S.F . s -S.F . T S .F. u S .F . V S .F. w S.F. X S .F. y S .F. z S .F. (1) Total Existina Hardcover ~q~~ S .F. Excludable Hardcover (See City Code Sec 78-1684): S .F . S.F. S .F. S.F. S.F . (2) Total Excludable Hardcover S .F. (3) Net Existina Hardcover fSubtract line (2) from line (1 )I 2.4-~ r,.., S .F. (4) Total Lot Area zc;'ioO S .F. Proposed Hardcover Percentage [ (3) + (4)] ~.1S % (Proposed Hardcover next page) This is an information packet regarding Hardcover. Every effort has been made to insure the accuracy of the information contained herein; however, if any information is not consistent with provisions of the City Code, the Code provisions will prevail. Page B of9 # 3676 PC Exhibit F Quit Claim Deed. Individual to Joint Tenaa.ta. Form No. 29-M Minnc,ni• Uniloro• ---1G229u--1--==-------- Milk·r•Davh, Co., Minneapolis n:andng Blank~ (Rcvi,cd 1974 ~bis 3'Jnbtnturt, Maru thi& ........... At.b. ........................ day of. ............. J.>!.T!SAa.r.y. ......................... , 19 ..... 85 .. , betzoeen-................................. Edw:ar.d ... T ..... Lehman ... and ... Glo.r.:i.a ... A, .... Lehm~n ............................ ---······························ .. ········· of the County of. .......... H.ennep:i.n ........................................ and State of ............ kf.:I..P.-.l!-.~.§.(:1.!;.?. ....................................... , part ........... . of the first part, and ......... R:i.cba:t:d ... A, .... Edw.ar.di. .... iUl!l ... J.Qb.l;lXJ.llil ... M., .... E.dli?s!!.4.§ ............ ------·················· -----····································------········· ......... , of the County of .................. ffennepi,n .............................. and State of. ............. Minnesata .......................................... , parties of the =nd part, mlitnessetf), That the said part ............ of the first part, in consiruration of the fflm of. ........................ .. ---------------····· .......................................... ______ ....DOLL./1.RS, to .................................... in, hand paid by the said, parti.es of the second, part, the receipt whereof is hereby ac7r,nowl- ed,/ed,, ao ............ hereby Grant, Bargain, Quitclaim, and Convey u1ito the said parti.cs of the second part as joint tenants and, not as tenants in common, their =idns, the survivor of said pa.rties, and, the heirs a.nd assigM of the survivor, Forever, azi the tract ...... or pa,rcei... ... of laniL lyin-g and being in-the County of ......... H.em1ep..=---------a~ State of Minmsota, de..tcribed, as follows, to-wit: f\)T" An easement for driveway purposes'11~~~ 1 that part of Lot 8, Block 1, "Navarre" Hennepin County, Minnesota, Lot SALehman Lagoon (formally Lot 4, Block 1 Lehman Addition) and LcSi?' 11, Block 6, Townsite of Langdon Park, lying within eight (8) feet on each side of the following described centerline: ·coDllllencing at the Northwest corner of said Lot 8, Block 1, "Navarre" Hennepin County, Minnesota; thence South along the West line of said Lot 8 a distance of 21 feet to the point of beginning of the centerline being described; thence deflecting left 73°, a distance of 102.5 feet; thence along a tangential curve to the left having a radius of 200 feet and central angle of 29°, a distance of 101.23 feet; thence Northeasterly tangent to last said curve, a distance of 25 feet; thence along a ·: tangential curve to the right having a radius of 120 feet and central angle of 40°, a distance of 83.78 feet to a point of compound curvature; thence along a tangential curve to the right having a radius of 60 feet and central angle of 43°, a distance of 45.03 feet; thence Southeasterly tangent to last said curve to distance of 50 feet, and said centerline there ending. ti AND PRIOR TAXES PAI~. DEPAP.TMflll Of PRO!ERTY TAX.~TION TRANSFER f.NTERED JAN U' 1985 ~ENNEPIN W!P ~l~I) . ..... 8~J'~ ~o JJ,abe anb to Jl,ollJ tbe '5>ame, To/ether with all the hereditamen,ta and appurtenan-ces there- unto belonJint or in anywise appertainint to the said, parties of the second part, their assigns, the fflr• vivor of said parties, aniL the heirs and, assi/M of the survivor, Forever, the said parties of the second part takinf! as joint te~nts an,d, not as tenants in common. ·-- 31n ~estimonp '.Ulf)ereof, The said part ............ of the first -,,art ha ... : ... ··'c]i'nt°J? hand, ...... the day a~ year first above written. ~!.(.L~~d.-.4.-?::t... ........................ .. rzf&,,-4-' .... c? .. ~~ ....................................................................................... ___ _ ................... ·----------- PC Exhibit G lffnncaota J'orrn 1fo. at . ---1 16.22901-. / Registered Vol 2205 Page 657163 Doc. No. QUIT CLAIM DEED Individual tuoint T enanu ==~---·-====== ··••·····•·· ...................................................... . TO Office uf County Recorder i>tate of -inneaota } Cou.11,/.y of ................................................................... . f hereby certify /.1,.at the within Deed W<M filed i11-this offi,ee for record on the ........................ d~/1 0/ ...................................................... , 19 ............ , al, .................... o' <:loek ....................... J./,, and wa,q du.fy rt>eorded in. Book ................... .. of De<'d,•, pag,J.. ......................... or .......................... . O ,'\'ho.red O ,lficrofllmed and ,,.a.s duly r,•eurcled as instrum,ent Ji"o ........................................................................................ . .............................................................................. Co1mty R,icorder. By ................................................. : ................. Deptdy . No Delinqu.,mt. Taxes aml Tran..,fer Pn.t,•rt!<l tlti.• ....................... day of ......................... .. ],? ...................... .. County ,t/u.ditor. 1Jy ...................................................................... De1n,t.y. J'a .. T. stnl.e1ne11-ls for /.he real property de.•cribed i11, /.his l'n,,t,r,unent .,hou.ld be sent. to: ................................................................... · ,'.\"a1nc · ·································•·H••· ...................................................... . • tJddrc11s (!) (,<;?/(;"3 OHICf. Of fHE Kl,GISlRAR 8 OF TITLES HENNEPIN COUNTY. MINNESOT,t, CERTIFIED FILED ON av JAN 17 1985 .tj~,1/fYJ ,f~ ... e..L. rtual'f ~;,~ 5.sE-c.,,_Ac;\.· l - .... :c iii z !!l "' C ~ z .... ~ "' C, "' ):, ~ C, "' -< ! I Ii \ a\llN . --·,-. I .... ~ ~ i a ~~~ta. !:_,I" -0 "" i~ ..... ";"--~ ~{, a <:::: •o. " -S?.. §. a •°S. -i' ~ : ~ . ~ ~ i s· i~ ~ ! = ,~ ,. I " i'lC :-tR. '" ,. 0 :' g l - i :;:: l :'I ._ ""' ~ I ~ ~ -., ~ r-o .;;: " ,l, ~~ l \ ~ : ~ l: _J . ···-·--------~ . Quit Claim Detd. lndividu111 to Joint Tenants. Form No. 29-M Minncsot:i Uniforn Millcr•Dtvis Co., Minneapolis c ncin • Blank" Revised 1974 1622902 ~bis Jnbcnturt, Made tkis .......... -.. .4.t.h ..................... da,y of. ................ J.?.nY.fl..r;.y __ __, 18 .... §t., between..............EdwardT •... Lehmanand .. Gloria .. A._ Lehman··----················ .. ········ .. ·· ...... ______ ~ of th.6 County of .............. Hennepi..._ ____ _.....nil, State of----~:i.nnes.Q.t,11 ____ , pa,rt ........... . of th.6 first; part, ana .................. War.d ... E •... .Edwar.ds. ... .and .. Danna.11, .... Ed.w.ax:ds ___________ _ -----------------------------. of th.6 County of ..................... Henne.pin ........................ aniL State of .............. Minne.s.o.t . ...._ _____ __, parties of th.6 secona part, mmtnessetb. That th.6 said, part ............ of th.6 first; part, in consilleration of th.6 1nim of---- ----··········· ................................. .DOLL.llRS, to...... "n ha;nil, paid, by the said. parties of th.6 second, part, the receipt whereof is hereby aclcnowl- edged, d,o ............ hereby Grant, Bargain, Qu-itc1,a.im, and, Convey unto the said. parties of the second, part a., joint tenan,ts and not as tenants in common, thci:r assigns, the survivor of sai,d, pa.rties, and the h.6irs a.nd, a,uigM of the survivor, Forever, all the tract ...... or pa;rceL ... of land Zying and beinJ in, the CountiJ of ____ Re.nne.p.:in an,d, State of Minnesota, described a., follows, to .. w£t: An easement for driveway purposes over that part of Lot 8, Block 1, "Navarre" Hennepin County, Minnesota, Lot S~'eetiliian Lagoon (formally Lot 4, Block 1 Lehman Addition) and Lot 11, Block 6, Townsite of Langdon Park, lying within eight (8) feet on each side of the following described centerline: Commencing at the Northwest corner of said Lot 8, Block 1, "Navarre" Hennepin County, Minnesota; thence South along the West line of said Lot 8 a distance of 21 feet to the point of beginning of the centerline being described; thence deflecting left 73°, a distance of 102.5 feet; thence along a tangential curve to the left having a radius of 200 feet and central angle of 29°, a distance of 101.23 feet; thence Northeasterly tangent to last said curve, a distance of 25 feet; thence along a tangential curve to the right having a radius of 120 feet and central angle of 40°, a distance of 83.78 feet to a point of compound curvature; thence along a tangential curve to the right having a radius of 60 feet and central angle of 43°, a distance of 45.03 feet; thence Southeasterly tangent to last said curve to distance of 50 feet, and said centerline there ending. avlr~~ ~ t!o Jbabe anb to Jbolb tfle S5)llttte, Totetlw-with .all the heredUamen,ts and, appurtena;Mss there- unto belonging or in, anywise appertain,tng to the said, parties of the second, part, their assijns, the fflr- vivor of said. parties, and the heirs and, assitns of the survivor, Forever, the said, parties of the second, part takin!! as jain,t tenants and, not as tenants in common. -.,._ .3Jn VI:estimonp' mmlbereof, Th.6 said. part ....... -.. of th.6 ftrst -part ka ............ he?'JJto jP} hand ...... the, da,y.~nd,-ye:tfirst above written. ~{. .... f...cl:.J..~ftZ::H-. .............. . ., ·:•: . ~~~~ «. ~--------- '('• . ..• .................. ·------------........................ . Minnesota J"orm JCo. 29 I Qurr CLAnvfi5EED Individual l'!_Join1 TeruanlS =..:...-=..-_-=-=.:,-___ ~==== I TO ············• ........................................................... . Office of County Recorder a>tate of ~inne•ota } Co,m.ty 0/ ................................................................... . Thereby certify t.hat, the within Deed wa.• filed in this o/11,ce for record on the ........................ day 0/ ...................................................... , 19 ............ , ut .................... o't:lock ....................... '41., and wa . ., du.ly recorded in Book .................... . of .DePd.•, pag,• ........................ or .......................... . 0 .1."11ro.red O Microfilmed and u-a.< duly rPcorded w1 instrument TJ!f ............. . Connty Recorder. ............... Dt:ptd,y. ,•Vo .D,dinqu.ent. Taxes an<t Tran.•fer 1·11-ter,.'tl thi.•·······················day of. ........................ . 19 ....................... . County .1rtditor. lJy ................................................................... Deput.y. Tax xtatem.,!nl.• for /.h,: real propert[J de:<oril,ed in t.1,.i.• i-n.<tr11-1net1,t shor,.ld be sent to: .Vanie .,tddre.,s -,· -· _--..16....2 .. 2902 ___ .. Registered Vol 2205 Page 657163 ~ 65?/~3 OFFICE. Uf IHE. 1<1:.UISTRAR 8 OF TITLES HENNEPIN COUNTY. MINNESOTI CERTIFIED FILED ON JAN 17 1985 J- tf ,-JZ,Afll\ A'SiJ-~-L, . ' d~ Rpll~I' llllE!, ----'~~~IS,Ql,i'-OEPUH ... ::r iii z !!l "' C: 3:: m ~ ~ (ll 0 "' )> ... ... m 0 a, -< r:· I ""I "' ~ ! ::b -~ z: ; ;-I ---1 ~ ~ ... ... ~ "i ll ... ~ ~ ~ 0 'Ir ...... -:,.. -~ ~ i Sil Q ~ : ... " .... '}.() I"> ~ i-11~a ::-l ~ \~ i I f i~ ~ i = -~ ~ . I"> l~ ;. ! "'- !~ ~ l a "' i Sil .... «> ~ : .. tr ~ c i ;; ..__,,_ ~ ~ .... " ~ i"'O -t '"' ~ ; \ .':) ::: '.> "',__ .. Ot "'1' la:m::2-1"'\.~ ::: t ~ "-~ 1-\ ~ l:;i ,· ~ '! i ~ ~, t~ ~ ' f$ ~ f:t> ~ !)i ~ :s ~ • I; --M: ~ ....... ~: .,. ' . ,. :----' :! .. ')•t 4; u•·•, .... : · ._,t ~. , .• C'l I 1 ,, ... !fftS AGR!WMEN'l', t.fue flJh J,i/,.. 441 Pr h'ebl'\IQ.ey, 1958, · by "JJ4 betw.-n 1<;DW'ARP T, 1,.i;;JMI\.N -.n4 !lWRJ' 4 · t, J:.F~ffMAN, hu1banq 1md w:t.f-,, 9f the. Q~nt1 Qf ff~~~in, ~~toot Mi,me~ot~, Pllrtt~• of tbG r1r,t Pfirt an4 IXQQ M, i.em,iu, widow• or 1ilffl County tlf KenneP1n, State ,;,,t MtQAaso~, party or the sec,ond Jnl't, Wl'l'NESSE'!'Hs Wffl!lR.~I.S, Tb• parties or th~ ft~•t J>art own ~nd bav~ tJtle ~o the "'"1 eetate looated in the Cooo~y-of Henneptn, ,tate of Mi,meeot•, ctt,1or!bed as f."ollow1n ·"' Lot 9, Blook 1, Navane, Hennepin County, tUnnesota, and Lot 111, Bloek 6, Town•it. of Lanl'don Park, WHEUA&,. The narty of the second part ownt and ha.e title to the :real e,tate located ln the County of Hennepin, State·ot Minne~ota, cleacribed as f 01101111 Lote 1~ and ll, Block 1, Nava~r~, Hennepin County, ~1Me$ota, . and WJD:Rl&S, Lot 9 and Lot110 tind 11, Block 1, Naftrre, Hennepin County, Minnesota, and pa:rt of Lot 10, 13loek 6, row.sit. ot Langdon Park:, are adjacent to eaeh other; and, '· " WHSR.BAS, Th• p rti.,,, hereto in conlideration ot the l5Ulll ot One {11.00) Doll.8.r 1n hBnd paid to tJie other and otber good and valuable consideration, have a~ed to grant to each other an easement 01" right or wq al.ong and on tbe property described belov1 NOW, THEREFOR!, In pursuance ot said A.gr· Jment and tor-and in consider:,tion of the 8Wll or One ($1.00) Dollar paid by eacb or asaid ptnies to each other, recebt of which is hereby acknowledged, and other good and valuable cons1derat,1ons, and of the mutual covenants, agreements, conditions and stipulations therein aontalned, it is mutually cownantad, stipuhted and agreed by and between the pat"tiee heNto as tollowst First, The parties or the first part hereby grant unto the part;r or the eecond part, her heirs and aHigns, an Easement and Right or Wa,y, over the Southerly 15 feet or Lot 9, l3loek 1, Nanrre, Ht'tnnepin County, Minnesota, and over the Westerly 10 feet of' that pi,_rt or Lot 10, Block 6, TO\lnsi te of Langdon Park, lyine-South or the North Sl.3 feet thereot', County of Hennepin, State ot' Minnesota, for use hereafter ae a roadwa7 vith or without automobile o~ o~hLr vehicles or on ~oot, tor th0 purpose of in~ress and •~ss to and from the rear or anr other po~ion or. said Lots 1'1 and ll, Block 1, Navarre, Hennepin County, Minnesota. -1- (Sec,0P41 'l'~B ~'"'f or tJJ• ,,ocm4 Mrt hereby grants µnto tbe !lf4rtt,~ ot ~n• ti.r•t pr.rt, their heirs an4 ae•1gn~,.an Easement and Right or Way, ove, the J;a1tsrly 10 feet or. Lot 10, al06k 1, Navarre, Heanap:l,a O~t,, Mtnn,sow, fQF u1e heraattar a, a roadway witb oP without automobiles ~1' other vehiola1 or on root, tor the pq.rp9~• or 1ngns1 and egitess to and trom the rear or any other PQrtion ot ,..14 Lot 9, Bloak 1 1 Nav_..,., Hennep1,.n C9UntY, Minneaot,a, em4 til~t ~rt Qt Lot 10, ~look 6, Tc;,wn~ite of kngd«>n Park, lyiQ~ SQ»th of tbe Horth 543. feet thereof, Coun~1 ot ff•nne91n, State of Minnaaota. Tb1rd1 It ts ful'ther underetood and aueed by and betwe• tbe pal'tiH tiel'eto that the ea~eruen1M panted herein an to b bel.4 bJ' tbi1 NIP8ot1ve ,g1'811tees, his, Ml" •nd their heir• rtnd assi ti• u app,srtenant to the land owned by Aid i•upeott.,re gr-anteee, rounb, ll 1, f\u"ther undontood and apeed by and between. the PMrtiH hereto that the part1u of the f'11'.11t paitt will •nd do hereby assume and •ll'fl to nay one-halt, and the oarty ~ the •eond JIU't will and does bveby a1SU11e and agr,ee to pay one-blllf' of the co•t ot constructing and maintaining a roadway over~• n•pective naement• herein panted. F:lttbs Thie Agreement baa been executed in duplt 9t.e b,-th• parties hereto and each u1tcuted COP1 thereof lball be considered•• an original. • State ,. ~ Minnesota) )H County ot Hennepin) On this :::Jtt:o... day or Februar.v, 1958, bef'ore me a Notar,r Pcibllc vitbin and far sai.d County pei-sonally appeared Edward T. Lehman and Gloria A.. Lehman, husband and tdte, and •1~e M. Lehmn, Widow, to me knOW'n to be the persons described in and Who executed the rore~ing 1n1t1"U11ent and acknowledged that they executed the same as their.free act and deed. . • Notary-Public ELTON D. MOSIMAN; Notary Public, Hennepin Countv. Minn . .. , Commlolon E.JISlifll0CUt.19IO. Melanie Curtis From: Sent: To: Cc: Subject: Melanie, Robert Bean [bobbe@bolton-menk .com] Monday , July 14, 2014 10 :25 AM Melanie Curtis Christine Mattson; Mike Gaffron; Andrew Mack; David P. Martini ; Brian Simmons 14-3676 -2470/90 Carman Street PC Exhibit H We have completed our review of the documents submitted for the Lot Line rearrangement for 2470/90 Carman Street. Since access is available to both parcels from either Carman Street or the right-of-way easement, we do not have any additional engineering comments at this time . Once Building Permit applications are submitted, we will be able to provide Engineering review regarding grading, drainage, utilities, and erosion control. If you have any questions or comments, please contact me to discuss. Thanks, Robert E. Bean, Jr, P.E. LEED Green Assoc. Water Resources Engineer Bolton & Menk, Inc. Consulting Engineers & Surveyors 2638 Shadow Lane, Suite 200 Chaska, MN 55318 P:{952} 448-8838, ext 2892 F:(952} 448-8805 email: bobbe@bolton -menk.com www.bolton-menk.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1 PC Exhibit I CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci .orono .mn.us 2 May 2014 Thomas Lind 2470 Carman St Wayzata, MN 55391 RE: 2470 Carman Street and 2490 Carman Street (the 2 vacant PIDs: 20·117-23-12·0010; 2011723120009) Tom: It was nice meeting with you on Monday. This letter will follow up our discussion regarding the three properties you own on carman Street and referenced above. I did find that at some time in the past the City had assigned the address 2490 Carman Street to the two vacant properties and the City has a street file for the address. Each of the properties is located in the LR-1B, Single Family Lakeshore district which has a requirement for a minimum of 1.0 acre and 140-:-feet in width per lot. Required setbacks are as follows: 10' interior side, 35' side street (undeveloped right-of-way), 30' rear yard, 75' from the OHWL of the lake and the average lakeshore setback. According to the Hennepin County property information and surveys you provided it appears that each of the properties above are less than the minimum zoning district dimensional standards and are considered existing legal non-conforming lots of record. According to City Code Section 78-72(c)(2), an existing nonconforming lot of record can be developed without variances to lot area and lot width if the following are met: 1. The lot must be at least 66 percent of the dimensional standard for lot width and lot size for the shoreland classification consistent with Minnesota Rules, chapter 6120 (see analysis below); 2. The lot must be connected to a public sewer ... ; and 3. Impervious surface coverage must meet all hardcover location and square footage restrictions of this chapter and the total square footage of hardcover must not exceed 25 percent of the entire lot area; and 4. Development of the lot must be consistent with the comprehensive plan. Based on MN Rule 6120, the two properties which abut the lake are considered "riparian" lots and must be at least 9,900 square feet in area and have 49.5 feet in width; your lots seem to meet this standard. The smallest lot, which does not abut the lake, is considered a "nonriparian" lot and must be at least 6,600 square feet in area and 49.5' in width; based on Hennepin County information this lot is only 5,642 square feet and does not meet this standard. This lot would not be considered individually buildable. At our meeting on Monday, we discussed the possibility of combining the two vacant lots to create one buildable lot. This lot combination can be done administratively and there is no fee; the City can help facilitate the process with Hennepin County for you. We would need a written request signed by all interested parties stating your intent to combine the lots and copies of each deed to do so. Page 2 of 2 2470 & 2490 Carman Street May 2, 2014 Based on our research, there will be no water connection charge due for 2490 Carman Street as this charge was assessed to the property in the 1970's. The City sewer connection charge for 2490 Carman Street will be $6,700 according to the 2014 fee schedule. The sewer connection charge will be collected at the time of the issuance of a building permit. I believe all of the requested information has been provided within this letter. If not, please contact me and I will be happy to supplement with additional information. I can be reached at 952.249.4627 or mcurtis@d.orono.mn.us. Sincerely, CITY OF ORONO , Utttu/l;J5 Melanie Curtis Planning & Zoning Coordinator Copies via email: Tom Lind, Carla Koster, Gregg Larsen RUN DATE: 6/18/2014 38 20-117-23 12 0009 TA& DK LIND 38 ADDRESS UNASSIGNED THOMAS A LIND 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0012 NATHAN W BOUTANG 2431 CARMAN ST NATHAN W BOUTANG 2431 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0015 RYAN P SCHULTZ 2455 CARMAN ST RYAN PATRICK SCHULTZ 2455 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0018 M L REGER & B L REGER 3565 FREDERICK ST MICHAEL L & BRITTANY L REGER 3565 FREDERICK ST WAYZATA MN 55391 38 20-117-23 12 0021 JANET E ROBERTS 2454 CASCO POINT RD JANET E ROBERTS 2454 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 12 0027 WE EDWARDS & D M EDWARDS TR 2474 CARMAN ST WARDE EDWARDS DONNA M EDWARDS 2474 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0037 C E NADLER & CA NADLER TRST 2509 KELLY AVE CHARLES & CANDICE NADLER 2509 KELLY AVE EXCELSIOR MN 55331 HENNEPIN _ JNTY PROPERTY INFORMATION SYSTEM (PROPERTY O', -RS LIST) PC Exhibit J 38 20-117-23 12 0010 TA& DK LIND 38 ADDRESS UNASSIGNED THOMAS A LIND 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 120013 JULIE A GATEHOUSE 2443 CARMAN ST JULIE A GATEHOUSE 2443 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0016 M P MALIK & J D MALIK 2469 CARMAN ST MICHAEL P & JANET D MALIK 2469 CARMAN ST WAYZATA MN 55391 38 20-117-23 120019 B OLSZEWSKI & D OLSZEWSKI 3580 FREDERICK ST BRENDAN OLSZEWSKI DENISE OLSZEWSKI 3580 FREDERICK ST WAYZATA MN 55391 38 20-117-23 12 0022 SP J SKORO 2428 CASCO POINT RD STEPHEN J & JEAN K SKORO 2428 CASCO PT RD WAYZATAMN 55391 38 20-117-23 12 0028 RA EDWARDS ET AL TRUSTEES 2480 CARMAN ST RICHARD A EDWARDS KIM A EDWARDS 2480 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0048 CITY OF ORONO 38 ADDRESS UNASSIGNED CITY OF ORONO BOX66 CRYSTAL BAY MN 55323 38 20-117-23 120011 PETER M BLUTH 2413 CARMAN ST PETER M BLUTH 2413 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0014 JP BLUTH & JOANN M BLUTH 2447 CARMAN ST JOSEPH P BLUTH JOANN M BLUTH 2201 DREAM DR W NORTH MANKATO MN 56003 38 20-117-23 120017 TR BRADY & LA BRADY 3555 FREDERICK ST TIMOTHY & LYNN BRADY 3555 FREDERICK ST WAYZATA MN 55391 38 20-117-23 120020 LYLE A BUERKLE ETAL 2474 CASCO POINT RD LYLE A BUERKLE 2474 CASCO POINT RD WAYZATAMN 55391 38 20-117-23 12 0025 JOHN T GORMAN ET AL 3585 FREDERICK ST JOHN T GORMAN SHERRY A GORMAN 3585 FREDERICK ST WAYZATA MN 55391 38 20-117-23 12 0033 NAVARRE REALTY LLC 3465 SHORELINE DR NAVARRE REALTY LLC PO BOX 3 MINNETONKA BEACH MN 55361 38 20-117-23 12 0050 WARDE EDWARDS ET AL 38 ADDRESS UNASSIGNED RICHARD A EDWARDS 2480 CARMAN ST WAYZATA MN 55391 #3676 RECE\\/ED JUL o 1 2014 Cl1Y OF ORONO RUN DATE: 6/18/2014 HENNEPIN ~ JNTY PROPERTY INFORMATION SYSTEM (PROPERTY Oh. -RS LIST) PAGE: 2 38 20-117-23 120055 KELLY COVE HMOWNRS ASN/ORONO 38 ADDRESS UNASSIGNED KELLY COVE HMOWNRS ASN/ORONO 2501 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 12 0060 TA& DK LIND 2470 CARMAN ST THOMAS A LIND 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0064 MICHAEL J & GAIL R PUDIL 2414 CARMAN ST MICHAEL J & GAIL R PUDIL 2414CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0058 GREGORY REEP & SALLY REEP TR 2440 CARMAN ST REEP FAMILY TRUST 853 WIGET LANE WALNUT CREEK CA 94598 38 20-117-23 12 0061 CITY OF ORONO 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 21 0037 STEPHEN J RUDOLPH 2480 CASCO POINT RD STEPHEN J RUDOLPH 2480 CASCO POINT RD WAYZATA MN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE REs,9)mS.OF TH1J. '!:'~EnN ,COUN_TY TAXPAYER SERVICES DEPARTMENT. DATE: {,--f g~ d{) f Lf: BY:---'-''])=·~~-~~==-<-=--- 38 20-117-23 120059 M T PALMER & N B PALMER 2450 CARMAN ST MARKT & NANCY B PALMER 2450 CARMAN ST WAYZATA MN 55391 38 20-117-23120062 GREGORY REEP TRUST ET AL 38 ADDRESS UNASSIGNED REEP FAMILY TRUST 853 WIGET LANE WALNUT CREEK CA 94598 RECEIVl!!D JUL O 1 2014 QtYOFORONO # 3676 HENNEPIN COUNTY MAIL LABEL GENERA TOR PC Exhibit K H Hennepin County Mailing Label Map Provided By: Taxpayer Services Department -~ I ,11 , --~-- ------------- 1) -► 1.N t / / ~ I l ,, I 11)-f 17 -23 -2...I I I .,,., I 17 , For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis. info@co . hennepin. mn. us Map Comments: -Type Comments Here - ct, I' t•' ,, I --.. Print Date: 6/18/2014 Map Scale: 1" = 172' Buffer Size: 350 feet RECEIVED JUL r 1 7t]H CITY OF O RONO 2'I \ \ \ \ l_. I II 20-117-23-12 Wa-tei- Park Parcel D Buffer Region Selected Parcels ,'I,. .. " r -:•■~, I I t ,) Major Roads Minor Roads II ·•. J~_ --~f' ;,••N,f!'\J_ HENNEPedN ,, .. 1 • app· . -'- # 3676''' http://hcgis/agsmailinglabels/Printing.aspx?URL=aa56d478-25c6-4d5e-bb61-66d27fc02469.png& ... 6/18/2014 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2014 6:30 o'clock p.m. Cavanaugh stated the lawsuit can be addressed with the City Attorney and the City Council. Cavanaugh stated even if the r would prefer a denial. aff's recommendation would be to tabltithe:;~;J:>pli~.ation. Council Exhibit G 5. #14-3676 LAKESHORE HOLDIN<;S;LCC,2470~ 2490 CARMAN STREET, LOT LINE REARRANAGEMENT, 8:16 P.M. -.8:40 P.M .. Sven Gustafson, Applicant, was present. Curtis stated the applicant owns allJhrtie of the subjectpropertieswhich make up 240 and 2490 Carman Street. The property addressed 247.QiCartnan Street~s 0.89 acresjn area, 88 feet in width and currently contains a single-family home. Ac¢@$Sto this propertyisoyera.driveway which crosses a portion of the northerly lot of the 2490 Carmcln prcif>'.trtY· The property.at2490 Carman Street is comprised of two separate PIDs and has a total of O'.A5:acr~~, 66 feet in width, and contains a portion of the driveway serving 2470 Ccll:"'JXlan, · '. ., (, .. .' . .J: :J ,·: ·.'>: ,,'.;'• '· The appl~c~f}¥ouldliketo.eliJXlinate th;~;itlfu~~Jot line dividing the two PIDs which make up 2490 CaflllcQl~~;Vell as move;th~l9tli'1e dividing 24'].0and 2490 as an east/west division to create a northl:$6-i,thdivision. This would eliminate the physical connection of the 2470 Carman Street to Carman Streetitself and result in a larger2490.Carman property. Thed1veway access for 2470 Carman.would need to be reoriented to the existing driveway access on the north e11dpf thisJot. This lot lin.tl rearrangement would result in making the two properties more balanced ffi al'ea and the widths oftb.~.dots are not proposed to be changed. Curtis stated because.the lot line rearrangement proposes to land lock 24 70, the issue of access to the 24 70 property is still in question. The City Attorney is reviewing easement documents submitted by the applicant to determine iftbisproperty benefits from an access easement over the Edwards property to the north. Ultimately the existing driveway crossing 2490 can be shared by both subject properties for access to Carman Street as a second driveway access point is not likely to be supported by the City. The west lot line of2490 Carman abuts the undeveloped City right-of-way and the LR-lB zoning district dictates a 35- foot side street setback for structures. The owner of 2490 has expressed an interest in possibly pursuing a side street setback variance in the future for the development of this property. Staff recommends approval of the lot line rearrangement. The property owner has provided new proposed legal descriptions for each property. As part of this approval, the applicant will be required to Page 20 of 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2014 6:30 o'clock p.m. file new deeds based on new legal descriptions. Staff will work with the property owner and the City Attorney to ensure that the necessary documents are prepared and filed. The Planning Commission should hold the public hearing regarding the lot line rearrangement and make a recommendation to the City Council. Curtis stated the applicant has provided Staff tonight with a drivewaf~<r~ssplan for 2470 and 2490, which is a shared driveway situation. If new easements neeq to be, ~e¢u;ted; they should be prepared and ready for recording with the lot line rearrangement approv~ttesolu{ion. : •· . , ,'.'.;' ..;: "''!":,, ''., ;•': ,. ·. Curtis stated the applicant and the adjacent property owner~spresenttonight.\ Thiesse asked if the house will be demolished. ?.' .:.'.;;;,;::,. , Curtis stated that appears to be the plan at some point in the:futiir~~J§effonthe sketch submitted for access. ,,. . . . .... , .. ,,, >(::·'. ,; .. ::. ·.. '-,< ... : :'.{·.·:··:·\:\:,:,.:. Thiesse stated if the lot line rearrangement is i:tpp:r§y'.eq, .itis}ikely the Planni;ngCommission would require that the house be in a conforming location;buftf}f:isJo~~ r,emoved, that would not be an issue. •;,,•,;, ,,·.; '. Gustafson stated they are not proposing to remove the ltou§e afthistime, Thiesse stated if the house is not remoyed, the house wquld be no11conforming. Curtis stated if the existing house is not removed and.isfeqµiredto be conforming to the setback, it would make Parcel No. 2 significantlysmaller,. Sven Gustafson, .Applic~~t, statedthey~i"~ not come to a conclusion on which method of access they would prefer. <?ustafsonjnd.icated his attomeyhas reviewed the easement documents and that they have been submitted to tbeCity.Q9stafson statedthere•#fe easement documents that appear to indicate they can ti~ ip.tpjbe existing dr:ive:way :tl;iat abuts Lake Minnetonka on the north but that there are some questionsabout how they were written. Gustafson indicated he is waiting to hear back from the City Attomey<on that issue. Gustafs6n~ta,ted three access poin1:s~ff of a curb cut is acceptable but maybe not preferential. Gustafson asked if St/;t(twould prefer two ortqt:ee access points. Curtis stated there are currentlytwo·properties accessing off of the Edwards driveway, and to avoid the creation of a new curb c11fforthe existing number of lots, that driveway could be used for a third access point. Curtis stated whether,.lthird curb cut should be created has yet to be determined. Leskinen asked where the access point would be. Curtis illustrated the location of the access up to Carman Street. Gustafson stated off the screen to the right are two existing homes that use the easement up to Carman Street. Leskinen asked where the new access point would be located. Page 21 of 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2014 6:30 o'clock p.m. Curtis stated they would be utilizing the existing curb cut or close to the existing curb cut for 2490. Gustafson stated their backup proposal would be to tie 2470 directly north into the existing driveway and then up to Carman. ••··•• •· ... · •··. . y: Curtis pointed out the location of the Edwards driveway and thentlie24 7();~ccess. Gustafson stated regardless of whether the house rem1.1ins.•ofls razed; t.1:i~ ac~s~ could go directly north. , ·'; ;; ';'.,'<'.', ,.";;.·;·· .... ," Curtis pointed out the location of Carman Street. Ctirti;istated tile ~th;r dri,~wf;i~ not ~hp~in on the overhead. Le skin en asked if his preferred access is to the north. , ;•.•.-' 'J:;'.7'.'. Gustafson stated they have not determined that yet and are awaiti~gw<>r:~;ft~I?m the attorney on the easement documents to see whether that is an option. Gustafson stated tf\~optionthat is displayed is over property that they control. Thiesse noted there would be hardcover in the 0-75 footione,• Gustafson commented he did not thinJ.< of that Gustafs()ll stated their drawing shows the 75-foot setback and that they were attempting to keep e¥erything out 9ftliat zonf :'9ustafson stated the driveway could be pushed up against the setback butthetopographyJrsteeperinthat area. Curtis stated to her knowledge tlie plan also contemplates a side setback variance from the street. Chair Leskinenqpenecl the publicn¢~ii,igat8:27 p.m. '." :i\;,.·:·-:·•:;):<.··,.:' . . :·• .. ·.;,:·:?. ·' '::;,; Kim Edfatcls; 2480 Canti4n~treet, stated to. ~is kµowledge there is not an easement that would allow him t9~ett~.yvest. · Edward~statedhe has an easement for him to go across their property that was set up yearsii~p but that they hadto purc~~e the othef piece of land to continue the driveway. Edwards stated iftheJ~{lines are changed, he ha,s ~ctmcem that one of the parcels will become landlocked and then the applicant"1ill say there is a hardsliip ... Edwat&s¥a~~the driveway thatf~cW'fently being used now is a 9-foot wide asphalt driveway and is not meant for high traffic. Edwards stated in his view the applicant needs to prove that there is an easement. Gustafson statedtl:l~rejs an easement and the question is whether the wording is adequate. Gustafson stated they will nofbeland locking the property and that they have two options at this point for accessing 24 70 once the lot lines are rearranged. Landgraver asked if what is before the Planning Commission right now is simply a lot line rearrangement. Gustafson stated Staff has informed him that they would like to see the easements recorded or drafted prior to the City Council meeting and that Staff would be looking at the language of the easements. Page 22 of 30 MINUTES OF IBE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2014 6:30 o'clock p.m. Curtis stated if new easements are required to access 24 70 over 2490 because of a different layout of the driveway, that would be something the City would want to have in hand and record with the lot line rearrangement. Curtis stated they would be land locking 24 70 without that easement. Curtis stated if the easement cuts across the Edwards property a~d gives the applicant permission to access 2470, the City needs to understand that piece of it as wel1{{.)µrtl:~stitte~ Staff would not dictate that the Edwards grant an easement for this property at all but that"S1~ffhast6 know whether there is access to both properties. · · · · · '.· '.. /.",., ,)···· :,:'.·,;,;'. Gustafson stated prior to the City Council making a ni~tjon on flt~ ~pp1icatio~,lt\~ere yvoul.~.#~rd to be an easement proposal as well as a Plan B. · · ·· · · · •. · · , ,, " ' ., .,, Curtis stated the City Attorney is reviewing the informaticn:it~at jsco1;1t~~ed in the Planning Commission packet and that at a minimum Staff would want a resolutionofwh~tb,ei,:-:iitw~H be Plan A or Plan B. /,'.'.':'.,,, j Leskinen stated with respect to the lot line rearr~~!?elilent, 1?e biggest ;tidk~ point is the easement, which needs to be resolved prior to final apprqvali tesk.inen· asl<.ed if Staff is a;)Vare of whether there are any other issues with the lot rearrangement. Curtis stated she does not believe so. Thiesse asked if Parcel 2 is a buildableJot at the present time. Curtis stated there is a lakeshore.lotand a non-lakeshpre)pt, andwhen the analysis was done concerning nonconforming lots of records,if)Va!> determined to be acfually three lots. Gustafson stated they are combinitrg'f.,Qts A and B with a portion of Parcel 1. ' .. ::.:·::::-< .. :.t· ... ·> ... ·.... ·•'.:\;')· ,., Thiesse sytt¢cij£the lot line w~~ .not m~ved .across the back, he would have access to the land locked parceL 'I'hiesse asked whafthe~ifference wouJd be if the lot line is granted as well as an easement since a driyeway s,till has to be constructed across there. Cµrtis indicated it would impact the h~dcover and structural lot coverage on Parcel 2. ChairLesldnenclosed the publichea;ring at 8:34 p.m. Thiesse asked ifl'vfr.Ji'.gwardsis opposed to the lot line rearrangement or whether he would just like the easement verified; · ·· ···· ·· · · ·· · Edwards stated he is not opposed to the lot line rearrangement as long as they do not drive up the driveway. Leskinen commented she likes the idea of combining three lots into two. Leskinen noted this is already a shared driveway arrangement but that she does generally get concerned about creating a landlocked situation where there will be a need to create a shared driveway situation. Page 23 of 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2014 6:30 o'clock p.m. Lemke moved to recommend approval of Application No.14-3676, Lakeshore Holdings, LLC, 2470 and 2490 Carmen Street, granting of a lot line rearrangement as proposed subject to verification and clarification of the easement. Gustafson asked what proof would be required. Curtis stated the City Attorney will be reviewing the ease;Iµi~mt andpi-q;1ijfug comment. Curtis stated if Mr. Edwards disagrees with the comments of the Citylttt:qmey, it wili f\ discussion item at that point. Curtis indicated Staff would prefer a resolutiont'lj~fdoes notp ~<>nan adjacent property owner to grant an easement. Landgraver stated the Planning Commission simply ;!i~i,ii~ri~cation ofwhe;:~;{i{feisa~easement over this section of property. · ·· Edwards noted his uncle is part-owner of the propertyJmd that the deed i§<hfhis father's name and uncle's name. Edwards indicated he is here tonight representing th~m. · · ···· Thiesse stated it is doable without touching Mr. Edwardsf~as~~~nt. '.' '. ·:,,, .··; • ' .<';•' . ,·. • •. , Edwards stated it is doable as long as the landjS:pot 1att"t1ockJd> ·· X :/??)' . ):: : Gustafson stated Plan B would provide~ccess to the~attel and,tM1 he is just waiting for the City Attorney to provide his opinion. · · ·. / . ,,, Landgraver seconded the aboyent~tfon. VOTE: Ayes7: ~ays 0. #14-3677 PAJJL JOHNCO'X,ZONING CODE AMENDMENT IN THE B-1 DIST 8:4() p;M.-,9:l3J,>.M. meeting. ich is a commercial cleaning rive in Navarre with the intent of The applicant's use wo be classified as a warehouse or storage space w1 small space as an office space often referre o as office/warehouse. The applicant's intended use is not 1 as a permitted or conditionally owed use in the district. Orono's industrial district specifically allows as ape · ed use. If the use is not specifically identified in the Code under the allowed · ed uses, it is considered not to be permitted. Page 24 of 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday , J iil y 21, 2014 6:30 o'clock p.m. stated the lawsuit can be addressed with the City Attorney and the Ci~ Thiesse stated the ing Commission does not have enough informatio ~~y the application. _,,,, w"if the roofline is going to change and whether the Cavanaugh stated even if the reco would prefer a denial. recommendation would be to table the application. 5. #14-3676 LAKESHORE HOLDINGS, LCC, 2470 AND 2490 CARMAN STREET, LOif LINE REARRANAGEMENT, 8:16 P.M. -8:40 P.M. Sven Gustafson, Applicant, was present. Curtis stated the applicant owns all three of the subject properties which make up 240 and 2490 Carman Street. The property addressed 24 70 Carman Street is 0.89 acres in area, 88 feet in width and currently contains a single-family home. Access to this property is over a driveway which crosses a portion of the northerly lot of the 2490 Carman property. The property at 2490 Carman Street is comprised of two separate Pills and has a total of 0.45 acres, 66 feet in width, and contains a portion of the driveway serving 24 70 Carman. The applicant would like to eliminate the common lot line dividing the two Pills which make up 2490 Carman as well as move the lot line dividing 24 70 and 2490 as an east/west division to create a north/south division. This would eliminate the physical connection of the 24 70 Carman Street to Carman Street itself and result in a larger 2490 Carman property. The driveway access for 2470 Carman would need to be reoriented to the existing driveway access on the north end of this lot. This lot line rearrangement would result in making the two properties more balanced in area and the widths of the lots are not proposed to be changed. Curtis stated because the lot line rearrangement proposes to land lock 24 70, the issue of access to the 24 70 property is still in question. The City Attorney is reviewing easement documents submitted by the applicant to determine if this property benefits from an access easement over the Edwards property to the north . Ultimately the existing driveway crossing 2490 can be shared by both subject properties for access to Carman Street as a second driveway access point is not likely to be supported by the City. The west lot line of 2490 Carman abuts the undeveloped City right-of-way and the LR-lB zoning district dictates a 3 5- foot side street setback for structures . The owner of 2490 has expressed an interest in possibly pursuing a side street setback variance in the future for the development of this property . Staff recommends approval of the lot line rearrangement. The property owner has provided new proposed legal descriptions for each property. As part of this approval, the applicant will be required to Page 20 of 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2014 6:30 o'clock p.m. file new deeds based on new legal descriptions. Staff will work with the property owner and the City Attorney to ensure that the necessary documents are prepared and filed. The Planning Commission should hold the public hearing regarding the lot line rearrangement and make a recommendation to the City Council. Curtis stated the applicant has provided Staff tonight with a driveway access plan for 2470 and 2490, which is a shared driveway situation. If new easements need to be executed, they should be prepared and ready for recording with the lot line rearrangement approval resolution. Curtis stated the applicant and the adjacent property owner is present tonight. Thiesse asked if the house will be demolished. Curtis stated that appears to be the plan at some point in the future based on the sketch submitted for access. Thiesse stated if the lot line rearrangement is approved, it is likely the Planning Commission would require that the house be in a conforming location, but if it is to be removed, that would not be an issue. Gustafson stated they are not proposing to remove the house at this time. Thiesse stated if the house is not removed, the house would be nonconforming. Curtis stated if the existing house is not removed and is required to be conforming to the setback, it would make Parcel No. 2 significantly smaller. Sven Gustafson, Applicant, stated they have not come to a conclusion on which method of access they would prefer. Gustafson indicated his attorney has reviewed the easement documents and that they have been submitted to the City. Gustafson stated there are easement documents that appear to indicate they can tie into the existing driveway that abuts Lake Minnetonka on the north but that there are some questions about how they were written. Gustafson indicated he is waiting to hear back from the City Attorney on that issue. Gustafson stated three access points off of a curb cut is acceptable but maybe not preferential. Gustafson asked if Staff would prefer two or three access points. Curtis stated there are currently two properties accessing off of the Edwards driveway, and to avoid the creation of a new curb cut for the existing number of lots, that driveway could be used for a third access point. Curtis stated whether a third curb cut should be created has yet to be determined. Leskinen asked where the access point would be. Curtis illustrated the location of the access up to Carman Street. Gustafson stated off the screen to the right are two existing homes that use the easement up to Carman Street. Leskinen asked where the new access point would be located. Page 21 of 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2014 6:30 o'clock p.m. Curtis stated they would be utilizing the existing curb cut or close to the existing curb cut for 2490. Gustafson stated their backup proposal would be to tie 2470 directly north into the existing driveway and then up to Carman. Curtis pointed out the location of the Edwards driveway and then the 2470 access. Gustafson stated regardless of whether the house remains or is razed, the access could go directly north. Curtis pointed out the location of Carman Street. Curtis stated the other driveway is not shown on the overhead. Leskinen asked if his preferred access is to the north. Gustafson stated they have not determined that yet and are awaiting word from the attorney on the easement documents to see whether that is an option. Gustafson stated the option that is displayed is over property that they control. Thiesse noted there would be hardcover in the 0-75 foot zone. Gustafson commented he did not think of that. Gustafson stated their drawing shows the 75-foot setback and that they were attempting to keep everything out of that zone. Gustafson stated the driveway could be pushed up against the setback but the topography is steeper in that area. Curtis stated to her knowledge the plan also contemplates a side setback variance from the street. Chair Leskinen opened the public hearing at 8:27 p.m. Kim Edwards, 2480 Carman Street, stated to his knowledge there is not an easement that would allow him to head west. Edwards stated he has an easement for him to go across their property that was set up years ago but that they had to purchase the other piece of land to continue the driveway. Edwards stated if the lot lines are changed, he has a concern that one of the parcels will become landlocked and then the applicant will say there is a hardship. Edwards stated the driveway that is currently being used now is a 9-foot wide asphalt driveway and is not meant for high traffic. Edwards stated in his view the applicant needs to prove that there is an easement. Gustafson stated there is an easement and the question is whether the wording is adequate. Gustafson stated they will not be land locking the property and that they have two options at this point for accessing 2470 once the lot lines are rearranged. Landgraver asked if what is before the Planning Commission right now is simply a lot line rearrangement. Gustafson stated Staff has informed him that they would like to see the easements recorded or drafted prior to the City Council meeting and that Staff would be looking at the language of the easements. Page 22 of 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2014 6:30 o'clock p.m. Curtis stated if new easements are required to access 24 70 over 2490 because of a different layout of the driveway, that would be something the City would want to have in hand and record with the lot line rearrangement. Curtis stated they would be land locking 2470 without that easement. Curtis stated if the easement cuts across the Edwards property and gives the applicant permission to access 24 70, the City needs to understand that piece of it as well. Curtis stated Staff would not dictate that the Edwards grant an easement for this property at all but that Staff has to know whether there is access to both properties. Gustafson stated prior to the City Council making a motion on the application, there would need to be an easement proposal as well as a Plan B. Curtis stated the City Attorney is reviewing the information that is contained in the Planning Commission packet and that at a minimum Staff would want a resolution of whether it will be Plan A or Plan B. Leskinen stated with respect to the lot line rearrangement, the biggest sticking point is the easement, which needs to be resolved prior to final approval. Leskinen asked if Staff is aware of whether there are any other issues with the lot rearrangement. Curtis stated she does not believe so. Thiesse asked if Parcel 2 is a buildable lot at the present time. Curtis stated there is a lakeshore lot and a non-lakeshore lot, and when the analysis was done concerning nonconforming lots of records, it was determined to be actually three lots. Gustafson stated they are combining Lots A and B with a portion of Parcel 1. Thiesse stated if the lot line was not moved across the back, he would have access to the land locked parcel. Thiesse asked what the difference would be if the lot line is granted as well as an easement since a driveway still has to be constructed across there. Curtis indicated it would impact the hardcover and structural lot coverage on Parcel 2. Chair Leskinen closed the public hearing at 8:34 p.m. Thiesse asked if Mr. Edwards is opposed to the lot line rearrangement or whether he would just like the easement verified. Edwards stated he is not opposed to the lot line rearrangement as long as they do not drive up the driveway. Leskinen commented she likes the idea of combining three lots into two. Leskinen noted this is already a shared driveway arrangement but that she does generally get concerned about creating a landlocked situation where there will be a need to create a shared driveway situation. Page 23 of 30 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, July 21, 2014 6:30 o'clock p.m. Lemke moved to recommend approval of Application No. 14-3676, Lakeshore Holdings, LLC, 2470 and 2490 Carmen Street, granting of a lot line rearrangement as proposed subject to verification and clarification of the easement. Gustafson asked what proof would be required. Curtis stated the City Attorney will be reviewing the easement and providing comment. Curtis stated if Mr. Edwards disagrees with the comments of the City Attorney, it will become a discussion item at that point. Curtis indicated Staff would prefer a resolution that does not put pressure on an adjacent property owner to grant an easement. Landgraver stated the Planning Commission simply wants clarification of whether there is an easement over this section of property. Edwards noted his uncle is part-owner of the property and that the deed is in his father's name and uncle's name. Edwards indicated he is here tonight representing them. Thiesse stated it is doable without touching Mr. Edwards' easement. Edwards stated it is doable as long as the land is not landlocked. Gustafson stated Plan B would provide access to the parcel and that he is just waiting for the City Attorney to provide his opinion. Landgraver seconded the above motion. VOTE: Ayes 7, Nays 0. #14-3677 PAUL JOHNCOX, ZONING CODE AMENDMENT IN THE B-1 DIST 8:40 P.M. -9:13 P.M. Paul Johncox, licant, was present. ./.· ~ • y Curtis stated the applic~~the owner of A-Plus Cleaning Contractors, whi.~ a commercial cleaning company, and has recently pufcll,~sed the property at 3596 Shoreline Drj)re'tn Navarre with the intent of relocating the offices and storage a~ associated with his business frprli their current location in Shakopee to this site. The property is io~ed in the B-1 Retail ~.~-i<s Business District. The applicant intends to occupy a portion of the 3596 Shor'e-HJJe Drive prop;J'ty and lease space to a separate tenant who ' A will operate a Class II restaurant and salon in the &atJ:le by,i.Yding. The conditional use permit for the restaurant and salon is tentative scheduled for a publ~~ring at the August Planning Commission meeting. /,./.. '"'-,,., ,/' -,~ / ' The applicant's use would be classified a~i:(~arehouse or storage spitc~ith a small space as an office space often referred to as office/ware,!ioifse. The applicant's intended use is'~isted as a permitted or conditionally allowed use in the djs(fict. Orono's industrial district specifically a'H~s office/warehouse as a ~ermitted u~e: If th~ use".~iiot specificall~ identified in the Code under the allow~onditional permitted uses, 1t 1s cons1.~d not to be permitted. ,, ,/" "¾~ / ' / / . / Page 24 of 30 #14-3676, Sven Gustafsl ;/b/o Lakeshore Holdings LLC 2470 Carme. treet / PID 20-117-23-12- 0060 & 2490 Carman Street/ PID 20-117-23-12-0009 & PID 20-117 -23-12-0010 Lot Area Analysis Property Existing Area Proposed Area 2470 Carman Street 39,000 s.f. / 0.89 acre 33,400 s.f. / 0.76 acre 2490 Carman Street 19,900 s.f. / 0.45 acre 25,500 s.f. / 0.58 acre Total 58,900 s.f. / 1.35 acres 58,900 s.f. / 1.35 acres Summary The applicant owns all three ofthe subject properties which make up 2470 and 2490 Carman Street . The property addressed 2470 Carman Street has 0.89 acres in area, 88 feet in width and currently contains a single family home . Access to this property is over an driveway which crosses a portion of the northerly lot of the 2490 Carman property. The property at 2490 Carman Street is comprised of two separate PIDs and has a total of 0.45 acres, 66 feet in width and contains a portion of the driveway serving 2470 Carman . The applicant wishes to eliminate the common lot line dividing the two PIDs which make up 2490 Carman as well as move the lot line dividing 2470 and 2490 to create a north/south division as illustrated on the overhead. This would eliminate the physical connection of the 2470 Carman Street to Carman Street itself, and would result in a larger 2490 Carman property. This lot line rearrangement will result in making the two properties more balanced in area; the widths are not proposed to change. Because the lot line rearrangement proposes to landlock 2470, the issue of access to the 2470 property is still in question. The applicant lias indicated H,eir ii1tent was to utilize a11 existing-.. easement •J✓Aicl, u osses the Eawaras' p, aper ty to the no, ti, arH:I use the existing arivewa-y-u osslng the , ,or tl'i portion of 247'0 p, opefty. The City Attorney is currently reviewing the easement documents submitted by the applicant to determine if this property iAee@d benefits from $IJGl:t-ae a...,h cuce<J easemen . Alternately the existing driveway crossing 2490 can be shared by both subject properties for access to Carman Street as a second driveway access is not likely to be supported by the City . The west side lot line of 2490 Carman abuts the platted, undeveloped City ROW. The LR-1B zoning dictates a 35 foot side street setback for structures. The owner of 2490 Carman Street has expressed an interest in possibly pursuing a side street setback variance in the future for the development of this parcel. Staff Recommendation Staff recommends approval of the lot line rearrangement . The property owner has provided new proposed legal descriptions for each property. As part of this approval the applicant will be required to file new deeds based on the new legal descriptions. Staff will work with the property owner and • the City Attorney to ensure that the necessary document_s are prepared and filed . ; r-rr1)v tc&d {7Jvl 1~-t Vl CL~ Th Planning Commission should hold the publi/hearing regarding the lot line earrangement and ,,,,\~ e a recommendation to the City Council. °lThe applicant s · a \ y ~i way access plan for 2470 Carman1ior to 13lacen,ent on the City Council's agenaa. If new ..,.\ e ents aF executed they shoul be prepared and ready for recording with the lot line . rearrangemen approval resolution. ~ t1J \JV Vl l cVl is ?\ $V\tl,r'¾\ J-vi vCvt-« ~ ~ 1J{f\D # AL TA COMMITMENT FORM COMMITMENT FOR TITLE INSURANCE Issued By STEWART TITLE GUARANTY COMPANY Commitment Number: J14080169 SCHEDULE A 1. Effective Date: July 31, 2014 at 08:00AM 2. Policy or Policies to be issued: Owner's Policy ALTA Owners Policy (06/17/06) Proposed Insured: Eric J. Mercer and Jeremie D. Mercer. 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: Lakeshore Holdings, LLC. 5. The land referred to in the Commitment is described as follows: Amount $1,050,000.00 Lots 10 and 11, Block 1, Navarre, together with an easement for ingress and egress over the Southerly 15 feet of Lot 9, Block 1, Navarre and over the Westerly 10 feet of that part of Lot 10, Block 6, Townsite of Langdon Park, lying South of the North 543 feet thereof, Hennepin County, Minnesota. Abstract property. By: Jessica Mathewson, Vice President Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment Form (06/17/06) Schedule A AMERICAN LAND TITLE ASSOCIATION J14080169 Commitment No.: J14080169 SCHEDULE B 1. Requirements: a. lnstrument(s) creating the estate or interest to be insured must be approved, executed and filed for record, to wit: (A) Warranty Deed executed by Lakeshore Holdings, LLC, to Eric J. Mercer and Jeremie D. Mercer. (8) Transfer Requirements: Seller's Affidavit, Purchaser's Affidavit, Well Disclosure Statement and Certificate of Real Estate Value. b. Payment of the full consideration to, or for the account of, the granters or mortgagors. c. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable. d. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that contractor, subcontractors, labor and materialmen are all paid. e. Exceptions C and D of Schedule 8--Section 2 of this commitment may be amended in or deleted from the policy to be issued if a survey, satisfactory to Company, is furnished to Company. f. NOTE: Any documents requested by us to clear any Requirements MUST be submitted to us for examination and possible further requirements at least three days prior to closing. g. Release/Satisfaction of Mortgage executed by Lakeshore Holdings, LLC, to Bridgewater Bank, dated June 20, 2014, filed June 24, 2014, as Doc. No. 10091596 to secure $640,000.00. h. NOTE: The Owner's Policy will be issued for the value of the vacant land only. If that land is to be improved and if it is desired that the improved value be insured (for additional charges), we must receive a written request to insure the improved value at least five working days prior to closing. A pending disbursement clause will then be added as an Exception in the Owner's Policy. i. It appears that there is an encroachment by the easterly neighbor's driveway over the northerly portion of the subject property, as disclosed by inspection and by Hennepin County GIS aerial mapping. Obtain evidence that the encroachment has been removed or that it does not exist, or recordable documentation permitting that encroachment. Submit the appropriate documents to us prior to closing for examination and possible further requirements. NOTE: The above-referenced driveway does not lie within the bounds of the easement for ingress and egress granted to the easterly neighbor in instrument recorded March 14, 1958, as Doc. No. 3108785. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment Form (06/17/06) Schedule B AMERICAN LAND TITLE ASSOCIATION J14080169 SCHEDULE B (Continued) 2. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: a. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. b. Rights or claims of parties in possession not shown by the public records. c. Any encroachment, encumbrance, violation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land. d. Easements or claims of easements not shown by the public records e. Taxes or special assessments which are not shown as existing liens by the public records. f. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule 8. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interest that are not listed. g. Municipal code compliance matters and fees, including but not limited to utilities, water, or sewer services, or fees for tree, weed, grass and snow or garbage removal, police boarding, vacant building registration and zoning. h. Taxes and assessments for the year 2014 and subsequent years. NOTE: All water bills must be paid prior to closing. i. Taxes for the year 2014 in the amount of $556.38 are one-half paid. PIO No.: 20-117-23-12-0009 (North 62 feet of Lot 10) Base Amount: $556.38 2013 and all prior years are paid in full. Homestead NOTE: First half taxes are due May 15th and second half taxes are due October 15th. j. Taxes for the year 2014 in the amount of $2,323.40 are one-half paid. PIO No.: 20-117-23-12-0010 (Lot 11 and that part of Lot 10 lying South of the North 62 feet) Base Amount: $2,323.40 2013 and all prior years are paid in full. Homestead Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment Form (06/17/06) Schedule B AMERICAN LAND TITLE ASSOCIATION J14080169 SCHEDULE B (Continued) NOTE: First half taxes are due May 15th and second half taxes are due October 15th. k. Special Assessments: There are no levied or pending special assessments now of record. I. Terms, conditions, restrictions and easements, if any, contained in Easement Agreement for ingress and egress purposes filed March 14, 1958, as Doc. No. 3108785. m. Rights of the United States, the State of Minnesota, the county, the municipality, and/or the public in and to that part of the land which may be within Lake Minnetonka. n. Riparian rights incident to the premises. o. NOTE: The standard Exceptions shown on Schedule B-11 above as letters b -e will appear on any Owner's Policy to be issued. p. CHAIN OF TITLE: Fee simple title was acquired as follows: Warranty Deed to Lakeshore Holdings, LLC, executed by Debbi K. Lind and Thomas A. Lind, dated June 20, 2014, filed June 24, 2014, as Doc. No. 10091595. The Linds acquired fee simple title by Warranty Deed dated May 7, 1997, filed July 3, 1997, as Doc. No. 6754330. q. NOTE: No Abstract of title was submitted to us for review in preparation of this commitment. r. Property location: Address Unassigned, Wayzata, Minnesota 55391. s. If there are any questions concerning this Commitment, please contact Charlie Rethwisch, Examiner, at charlier@etofmn.com. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AL TA Commitment Form (06/17/06) Schedule B AMERICAN LAND TITLE ASSOCIATION J14080169 Commitment No.: J14080169 SCHEDULE C The land referred to in this Commitment is described as follows: Lots 10 and 11, Block 1, Navarre, together with an easement for ingress and egress over the Southerly 15 feet of Lot 9, Block 1, Navarre and over the Westerly 10 feet of that part of Lot 10, Block 6, Townsite of Langdon Park, lying South of the North 543 feet thereof, Hennepin County, Minnesota. Abstract property. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment Form (06/17/06) Schedule C AMERICAN LAND TITLE ASSOCIATION J14080169 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss. ) CITY OF ORONO ) CERTIFICATE OF MAILING I, Monica Fadness, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #14-3676 was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 2 nd day of July, 2014. ~~ Monica A. Fadness CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax (952) 249-4616 NOTICE The Orono Planning Commission will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, July 21 , 2014, beginning at 6:30 p.m . on the matter of reviewing the following land use applications and vacation requests : 13-3645 14 -3655 14-3663 14-3675 14-3676 14-3677 Gary Briggs , 1905 Concordia Street, and Brian Sundstrom 1895 Concordia Street, LR- 1 C zoning district, request a conditional use permit for land alteration and a hardcover variance to allow retaining walls within 75 feet of the OHWL of Lake Minnetonka in order to repair failures of the lakeside slope involving both properties . Joe & Donelle Feldmann , 805 Forest Arms Lane, LR-1 B zoning district, request an average lakeshore setback variance to allow a screen porch and deck to be constructed on the lakeside of the home . Lauren Patnode , 3596 Shoreline Drive, B-1 zoning district, requests commercial site plan approval and conditional use permit approval in order to operate a Class II restaurant and modify the building and parking areas on the property. Ryan & Stacy Alness, address unassigned, PIO 07-117-23-11-0027, LR-1 B zoning district, request an average lakeshore setback variance and a height variance to have three stories when the maximum allowed is two and a half stories in conjunction with construction of a new residence . Lakeshore Holdings , LLC , 2470 & 2490 Carmen Street , LR-1 B zoning district, requests approval of a subdivision of a lot line rearrangement between the two properties in order to reconfigure and balance the size of each property . No new lots are proposed. Lauren Patnode requests an amendment to the list of permitted uses within B-1 zoning district to include office warehouse as a permitted use . All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and is subject to change prior to the hearings. Written comments are accepted and should be submitted to the City of Orono by July 15 , 2014 if possible . Interested persons may review the applications at City offices . For an appointment, please call (952) 249-4620. City of Orono By : Planning Commission ~ Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on July 5, 2014 . Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office RUN DATE: 6/18/2014 38 20-117-23 I 2 0009 TA& DK LIND 38 ADDRESS UNASSIGNED THOMAS A LIND 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 120012 NATHAN W BOUTANG 2431 CARMAN ST NATHAN W BOUTANG 243 I CARMAN ST WAYZATA MN 55391 38 20-117-23 120015 RYAN P SCHULTZ 2455 CARMAN ST RYAN PATRICK SCHULTZ 2455 CARMAN ST WAYZATA MN 55391 38 20-117-23 120018 M L REGER & B L REGER 3565 FREDERICK ST MICHAEL L & BRITTANY L REGER 3565 FREDERICK ST WAYZATA MN 55391 38 20-117-23 12 0021 JANET E ROBERTS 2454 CASCO POINT RD JANET E ROBERTS 2454 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 120027 WE EDWARDS & D M EDWARDS TR 2474 CARMAN ST WARDE EDWARDS DONNA M EDWARDS 2474 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0037 C E NADLER & CA NADLER TRST 2509 KELLY AVE CHARLES & CANDICE NADLER 2509 KELLY AVE EXCELSIOR MN 55331 HENNEPIN CvuNTY PROPERTY INFORMATION SYSTEM (PROPERTY OV. --RS LIST) PAGE: 38 20-117-23 120010 TA& DK LIND 38 ADDRESS UNASSIGNED THOMAS A LIND 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0013 JULIE A GATEHOUSE 2443 CARMAN ST JULIE A GATEHOUSE 2443 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0016 M P MALIK & J D MALIK 2469 CARMAN ST MICHAEL P & JANET D MALIK 2469 CARMAN ST WAYZATA MN 55391 38 20-117-23 120019 B OLSZEWSKI & D OLSZEWSKI 3580 FREDERJCK ST BRENDAN OLSZEWSKI DENISE OLSZEWSKI 3580 FREDERJCK ST WAYZATA MN 55391 38 20-117-23120022 SP J SKORO 2428 CASCO POINT RD STEPHEN J & JEAN K SKORO 2428 CASCO PT RD WAYZATAMN 55391 38 20-117-23120028 RA EDWARDS ET AL TRUSTEES 2480 CARMAN ST RICHARD A EDWARDS KIM A EDWARDS 2480 CARMAN ST WAYZATA MN 55391 38 20-117-23 120048 CITY OF ORONO 38 ADDRESS UNASSIGNED CITY OF ORONO BOX66 CRYSTAL BAY MN 55323 38 20-117-23 120011 PETER M BLUTH 24I3 CARMAN ST PETER M BLUTH 2413 CARMAN ST WAYZATA MN 55391 38 20-117-23 120014 J P BLUTH & JOANN M BLUTH 2447 CARMAN ST JOSEPH P BLUTH JOANN M BLUTH 2201 DREAM DR W NORTH MANKATO MN 56003 38 20-117-23 120017 TR BRADY & LA BRADY 3555 FREDERJCK ST TIMOTHY & LYNN BRADY 3555 FREDERJCK ST WAYZATA MN 55391 38 20-117-23 12 0020 LYLE A BUERKLE ETAL 2474 CASCO POINT RD LYLE A BUERKLE 2474 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 12 0025 JOHN T GORMAN ET AL 3585 FREDERJCK ST JOHN T GORMAN SHERRY A GORMAN 3585 FREDERICK ST WAYZATA MN 55391 38 20-117-23 I 2 0033 NAVARRE REALTY LLC 3465 SHORELINE DR NAVARRE REALTY LLC PO BOX 3 MINNETONKA BEACH MN 55361 38 20-117-23 12 0050 WARDE EDWARDS ET AL 38 ADDRESS UNASSIGNED RICHARD A EDWARDS 2480 CARMAN ST WAYZATA MN 55391 #3676 RECEIVED JUL O 1 2014 CITY OF ORONO RUN DATE: 6/18/2014 HENNEPIN L-.JNTY PROPERTY INFORMATION SYSTEM (PROPERTY O"-.~RS LIST) PAGE: 2 38 20-117-23 12 0055 KELLY COVE HMOWNRS ASN/ORONO 38 ADDRESS UNASSIGNED KELLY COVE HMOWNRS ASN/ORONO 2501 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 120060 TA& DK LIND 2470 CARMAN ST THOMAS A LIND 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 120064 MICHAEL J & GAIL R PUDIL 2414CARMAN ST MICHAEL J & GAIL R PUDIL 2414 CARMAN ST WAYZATA MN 55391 38 20-117-23 120058 GREGORY REEP & SALLY REEP TR 2440 CARMAN ST REEP FAMILY TRUST 853 WIGET LANE WALNUT CREEK CA 94598 38 20-117-23 12 0061 CITY OF ORONO 38 ADDRESS UNASSIGNED CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 21 0037 STEPHEN J RUDOLPH 2480 CASCO POINT RD STEPHEN J RUDOLPH 2480 CASCO POINT RD WAYZATAMN 55391 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RE~DS.OF TH~TY TAXPAYER SERVICES DEPARTMENT. DATE: {,--f g~ ao I tf BY:__,_l'6'""'.fu""'--"""'_~~~-=--- 38 20-117-23 120059 M T PALMER & N B PALMER 2450 CARMAN ST MARKT & NANCY B PALMER 2450 CARMAN ST WAYZATA MN 55391 38 20-117-23120062 GREGORY REEP TRUST ET AL 38 ADDRESS UNASSIGNED REEP FAMILY TRUST 853 WIGET LANE WALNUT CREEK CA 94598 RECEIV!6 JUL O 1 2014 QlYOFOR.OHO #3676 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN, CARVER ) Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: The Laker, The Pioneer and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws as amended. (B) This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues ; the first insertion being on 07/05/2014 and the last insertion being on 07/05/2014 . Qk_ou ~ vu Jl_ By : ___________ _ Authorized Agent Subscribed and sworn to or affirmed before me on 07/05/2014. 12 ~ .. M ft/\°"£~. · Notary Public Rate Information : (!) Lowest classified rate paid by commercial users for compar able space: $15 .00 per column inch Ad ID 244967 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis- sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, July 21, 2014, beginning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests : 13-3645 Gary Briggs , 1905 Con- cordia Street , and Brian Sundstrom 1895 Concordia Street , LR-1 C zon- ing district, request a conditional use permit for land alteration and a hardcover variance to allow retain- ing walls within 75 feet of the OHWL of Lake Minnetonka in order to re- pair failures of the lakeside slope involving both properties. 14-3655 Joe & Donelle Feldma- nn, 805 Forest Anms Lane, LR-1 B zoning district, request an average lakeshore setback variance to al- low a screen porch and deck to be constructed on the lakeside of the home. 14-3663 Lauren Patnode , 3596 Shoreline Drive, B-1 zoning district, requests commercial site plan ap- proval and conditional use permit approval in order to operate a Class II restaurant and . modify the building and parking areas on the property. 14-3675 Ryan & Stacy Alness, address unassigned , PID 07-117- 23-11-0027 , LR-1 B zoning district, request an average lakeshore set- back variance and a height variance to have three stories when the maxi - mum allowed is two and a half sto- ries in conjunction with construction of a new residence. 14-3676 Lakeshore Hold ings, LLC , 2470 & 2490 Carmen Street, LR-1 B zoning district, requests ap- proval of a subdivision of a lot line rearrangement between the two properties in order to reconfigure and balance the size of each prop- erty. No new lots are proposed . 14-3677 Lauren Patnode re- quests an amendment to the list of permitted uses within B-1 zoning district to include office warehouse as a permitted use. All persons wishing to be heard are encouraged to attend these meetings . This is not a final agenda and is subject to change prior to the hearings . Written comments are ac- cepted and should be submitted to the City of Orono by July 15, 2014 if possible. Interested persons may review the applications at City of- fices. For an appointment, please call (952) 249-4620. City of Orono By: Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on July 5 , 2014. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 7/5/14, 3LK, 3TP, PHN Land Use Requests , 244967 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN, CARVER ) Charlene Vold being duly sworn on an oath, states or affirms that they are the Authorized Agent of the newspaper(s) known as: The Laker, The Pioneer and has full knowledge of the facts stated below : (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02, §331A .07 , and other applicable laws as amended . (B) This Public Notice was printed and pub- lished in said newspaper(s) for 1 succes- sive issues; the first insertion being on 07/05/2014 and the last insertion being on 07/05/2014. G1ux-J~u voL By: ___________ _ Authorized Agent Subscribed and sworn to or affirmed before me on 07/05/2014. Rate Information: (1) Lowest classified rate paid by commercial u sers for comparable space: $15.00 per column inch Ad ID 244967 CITY OF ORONO 2750 Kelley Parkway, P.O. Box 66 Crystal Bay, MN 55323 Phone (952) 249-4600 Fax(952)249-4616 NOTICE The Orono Planning Commis- sion will hold a public hearing in the Orono Council Chambers at 2780 Kelley Parkway on Monday, July 21, 2014, beginning at 6:30 p.m. on the matter of reviewing the following land use applications and vacation requests: 13-3645 Gary Briggs, 1905 Con- cordia Street, and Brian Sundstrom 1895 Concordia Street, LR-1 C zon- ing district, request a conditional use permit for land alteration and a hardcover variance to allow retain- ing walls within 75 feet of the OHWL of Lake Minnetonka in order to re- pair failures of the lakeside slope involving both properties. 14-3655 Joe & Donelle Feldma- nn , 805 Forest Anms Lane , LR-1 B zoning district, request an average lakeshore setback variance to al- low a screen porch and deck to be constructed on the lakeside of the home. 14-3663 Lauren Patnode, 3596 Shoreline Drive, B-1 zoning district, requests commercial site plan ap- proval and conditional use permit approval in order to operate a Class II restaurant and . modify the building and parking areas on the property. 14-3675 Ryan & Stacy Alness , address unassigned, PIO 07-117- 23-11-0027 , LR-1B zoning district, request an average lakeshore set- back variance and a height variance to have three stories when the maxi- mum allowed is two and a half sto- ries in conjunction with construction of a new residence. 14-3676 Lakeshore Holdings, LLC, 2470 & 2490 Carmen Street, LR-1 B zoning district, requests ap- proval of a subdivision of a lot line rearrangement between the two properties in order to reconfigure and balance the size of each prop- erty. No new lots are proposed. 14-3677 Lauren Patnode re- quests an amendment to the list of permitted uses within B-1 zoning district to include office warehouse as a permitted use. All persons wishing to be heard are encouraged to attend these meetings. This is not a final agenda and is subject to change prior to the hearings . Written comments are ac- cepted and should be submitted to the City of Orono by July 15, 2014 if possible. Interested persons may review the applications at City of- fices . For an appointment, please call (952) 249-4620. City of Orono By : Planning Commission Melanie Curtis Planning & Zoning Coordinator To be published in The Laker & The Pioneer Newspapers on July 5, 2014. Posted at: Orono City Offices Crystal Bay Post Office Long Lake Post Office Navarre Post Office 7/5/14, 3LK, 3TP, PHN Land Use Requests, 244967 HENNEPIN COUNTY MAIL T,ABEL GENERATOR Company or Homeowner Name: . Contact Person: Kyle Holmes Contact Address: .. , MN . Contact Phone: 309-361-2294 Comments: Buffer Distance: 350ft PID LIST: Mail Label Count:~ ~5 Page 1 of 1 Print Date: 6/18/2014 9:34:06 At; TOTAL COST: ~5 if 3 ~-l ,~5 38 20-117-23 12 0009, 38 20-117-23 12 0010, 38 20-117-2312 0011, 38 20-117-23 12 0012, 38 20-117-23 12 0013, 38 20-117-23 12 0014, 38 20-117-23 12 0015, 38 20-117-23 12 0016, 38 20-117-23 12 0017, 38 20-117-2312 0018, 38 20-117-23 12 0019, 38 20-117-23 12 0020, 38 20-117-23 12 0021, 38 20-117-23 12 0022, 38 20-117-23 12 0025, 38 20-117-23 12 0027, 38 20-117-2312 0028, 38 20-117-23 12 0033, 38 20-117-23 12 0037, 38 20-117-23 12 0048, 38 20-117-23 12 0050, 38 20-117-23 12 0055, 38 20-117-23 12 0058, 38 20-117-2312 0059, 38 20-117-23 12 0060, 38 20-117-23 12 0061, 38 20-117-23 12 0062, 38 20-117-23 12 0064, 38 20-117-23 21 0037, http://hcgis/agsrnailinglabels/ForrnReceipt.aspx RECEIVED JUL () 1 2014 ~OF ORONO #3676 6/18/2014 A~:1/\v·u!:J·uu~-1, wo::,•AJaAe"MMM 38 20-117-23 l 2 0009 THOMAS A LIND 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0012 NATHAN W BOUTANG 2431 CARMAN ST WAYZATA MN 55391 38 20-117-23120015 RYAN PATRICK SCHULTZ 2455 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0018 MICHAEL L & BRITTANY L REGER 3565 FREDERICK ST WAYZATA MN 55391 38 20-117-23 120021 JANET E ROBERTS 2454 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 12 0027 WARDE EDWARDS DONNAM EDWARDS 2474 CARMAN ST WAYZATA MN 55391 38 20-1!7-23 12 0037 CHARLES & CANDICE NADLER 2509 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 12 0055 KELLY COVE HMOWNRS ASN/ORONO 2501 KELLY AVE EXCELSIOR MN 55331 38 20-117-23 120060 THOMAS A LIND 2470 CARMAN ST WAYZATA MN 55391 38 20-117-23 120064 MICHAEL J & GAIL R PUDIL 2414 CARMAN ST WAYZATA MN 55391 ! WJ.0965 @All:11\V ~ I w1uIruud -J,I..IU'-IOJ "'I .1'0'I9"-9'-' I ap u11e a.impe4 e1 ~ za11daH 38 20-117-23 120010 THOMAS A LIND 2470 CARMAN ST WAYZATAMN 55391 38 20-117-23 120013 JULIE A GATEHOUSE 2443 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0016 MICHAEL P & JANET D MALIK 2469 CARMAN ST WAYZATA MN 55391 38 20-117-23 120019 BRENDAN OLSZEWSKI DENISE OLSZEWSKI 3580 FREDERICK ST WAYZATA MN 55391 38 20-117-23 120022 STEPHEN J & JEAN K SKORO 2428 CASCO PT RD WAYZATA MN 55391 38 20-117-23 120028 RICHARD A EDWARDS KIM A EDWARDS 2480 CARMAN ST WAYZATA MN 55391 38 20-117-23 120048 CITY OF ORONO BOX66 CRYSTAL BAY MN 55323 38 20-117-23 120058 REEP FAMILY TRUST 853 WIGET LANE WALNUT CREEK CA 94598 38 20-117-23 120061 CITY OF ORONO PO BOX 66 CRYSTAL BAY MN 55323 38 20-117-23 21 0037 STEPHEN J RUDOLPH 2480 CASCO POINT RD WAYZATA MN 55391 r w,ia6p:1 dn-dod asodxa 1 oi aun 6uo1e puas I ap suas .. -Jadedpaa~ -.,. @U:1 i-.!11 @/\Q:::1/\V +~ .. 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PETER M BLUTH 24 l 3 CARMAN ST WAYZATA MN 55391 38 20-ll7-23 12 0014 JOSEPH P BLUTH JOANN M BLUTH 2201 DREAM DR W NORTH MANKATO MN 56003 38 20-117-23 12 0017 TIMOTHY & LYNN BRADY 3555 FREDERICK ST WAYZATA MN 55391 38 20-117-23 12 0020 LYLE A BUERKLE 2474 CASCO POINT RD WAYZATA MN 55391 38 20-117-23 12 0025 JOHN T GORMAN SHERRY A GORMAN 3585 FREDERICK ST WAYZATA MN 55391 38 20-117-23 12 0033 NAVARRE REALTY LLC PO BOX 3 MINNETONKA BEACH MN 55361 38 20-117-23 120050 RICHARD A EDWARDS 2480 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0059 MARKT & NANCY B PALMER 2450 CARMAN ST WAYZATA MN 55391 38 20-117-23 12 0062 REEP FAMILY TRUST 853 WIGET LANE WALNUT CREEK CA 94598 RECEIVED JUL 0.1 2014 LAND USE APPLICATION ESCROW AGREEMENT Application# I~ ~;JtoJ5o AGREEMENT made this I 7 day of :::rqV\..L , 20J.:i, by and between lhe CITY OF ORONO, a Minnesota municipal corporation ("City") and Lg ~S""'-o~ ,l.,l o lei,•"'$; 1,,./,. c; [a corporation -optiona~ ("Owners"). 1. ~---formally requesting the City to review plans described as L e-1-C::, , Rbc.. ~ 1.., "Subject Property") legally 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement. the Owners shall deposit $ ?CO with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review of Land Use Application # _____ . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the ri certify the unpaid balance to the subject property pursuant to Minn. Stat.§§ 415.01 and 366.012. CITY: CITY OF ORONO Bv:(:lr\V'Ny~ ~ Its 11am !3 tmill6vtt Its: ff,11.;'lwt( 24June 2014 Lakeshore Holdings, LLC ATTN: Sven Gustafson 153 Lake Street East Wayzata, MN 55391 REQUEST FOR FURTHER INFORMATION SUBJECT: Zoning Application # 14-3676 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249-4600 2750 Kelley Parkway P.O. Box 66 Fax (952) 249-4616 Orono, MN 55356 Crystal Bay, MN 55323 www.ci.orono.mn.us The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for a lot line rearrangement for properties located at 2470 and 2490 Carman Street. Below is a list of items the City of Orono is requesting to complete our review: ✓ Two (2) original scaled copies of the certificate of survey, as well as a reduced (ll'x17' or smaller), or digital copy indicating the following: o the OHWL of Lake Minnetonka, o 100-year floodplain elevation, o the existing improvements, o all existing and/or proposed hardcover, o the average lakeshore setback, and o Existing topographic contours extending 50' past the property boundaries. ✓ The existing and proposed lot areas of both properties shall be calculated by the surveyor. ✓ All existing and proposed hardcover shall be calculated on the hardcover worksheets that are enclosed. The hardcover calculations must be completed by your surveyor. ✓ Certified Property Owners List -owners within 350' from both the subject properties, labels and plat map. List, labels and map may be obtained from Hennepin County Department of Finance, Government Center, A-603 300 South 6th Street, Minneapolis, telephone 612.348.5910. Application #14-3676 is incomplete. If you wish to proceed with your application please submit the items requested above by July 3, 2014 in order to remain on the July 21, 2014 Planning Commission agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you have any questions. Sincerely, City of Orono- /ilJ/4~ Melanie Curtis Planning & Zoning Coordinator City of Orono Hardcover Calculation Worksheet .ddress: 2466 Carman Street (our survey 140167) ,y: James H. Parker P.E. & P.L.S. No. 9235 Date: 4/23/2014 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 1: EXISTING HARDCOVER In the following table identify fill. items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. Key to Hardcover Item (Describe) Length x Width Total (Square Feet) Survey (Example) (Garae:e) (24' x30') (720) S.F. A Bituminous 1,170 S.F. B Pavers 204 S.F. C Ret. Walls 17 S.F. D S.F. E S.F. F S.F. G S.F. H S.F. I S.F. J S.F. K S.F. L S.F. M S.F. N S.F. 0 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. L ::>.I". (1) Total Existing Hardcover 1391 S.F. Excludable Hardcover (See Citv Code Sec 78-1684) Bituminous (From neighboring property) 1170 S.F. Pavers (From neighbors property) 204 S.F. Ret. Wall (From neighboring property) 17 S.F. S.F. S.F. (2) Total Excludable Hardcover 1391 S.F. (3) Net Existing Hardcover 0 S.F. (4) Total Lot Area 19 775 S.F. Existing Hardcover Percentage [(3) / (4)) 0.00% AlJVANL'h' SURVh'YJN(i & h'NUlNh'h'RlNU L'U. I hereby certify that this report was prepared by me or under my direct supervision and that I am a licensed professional engineer and a professional land surveyor under the laws of the State of Minnesota. James H. Parker P.E. & P.l.S. No. 9235 Step 2: PROPOSED HARDCOVER In the following table identify fill items of existing hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Use as many lines as necessary to accurately depict existing hardcover status of the property. l\ey to Hardcover Item {Describe) Length x Width Total (Square Feet) Survey (Example) (Garage) (24' X 30') {720) S.F. A House "'Structural Hardcover"' S.F. B Front Drive S.F. C Side Drive (South) S.F. D Board Walk (Near well, North side) S.F. E Deck "'Structural Hardcover"' S.F. F New Patio & Walks (North & lake side) S.F. G Old Patio Remaining (existing slab) S.F. H Retaining Walls S.F. I Walk (street side) S.F. J Side Stoop (North of garage) S.F. K S.F. L S.F. M S.F. N S.F. 0 S.F. p S.F. Q S.F. R S.F. s S.F. T S.F. u S.F. V S.F. w S.F. X S.F. y S.F. L S.t·. {1) Total Proposed Hardcover 0 S.F. Excludable Hardcover (See Citv Code Sec 78-1684) S.F. S.F. S.F. S.F. S.F. (2) Total Excludable Hardcover 0 S.F. {3) Net Proposed Hardcover [Subtract line (2) from line (1)] 0 S.F. (4) Total Lot Area 19 775 S.F. Proposed Hardcover Percentage [(3) / (4)) 0.00% LAND USE APPLICATION ESCROW AGREEMENT Application# 14-~?Jlo]5D AGREEMENT made this 17 day of J911\...L. , 20_d, by and between 1he CITY OF ORONO, a Minnesota municipal corporation ("City") and La ~<:.$'."'-'>,I"-(_ 1-l o lei ,·':9 .r kl.. C.: [a corporation -optiona~ ("Owners"). 1. ..........__.~-formally requesting the City to review plans ___;=-.L...L.~---~.1.....!~~.!...--..1.....l-!-.:___(the "Subject Property") legally described as LC>..\, 6 , Bloc..\.; ;1., L-a...~ ce>A 2. Owners request the City to review said plans which requires City approval and may require consulting legal and/or engineering review. 3. The City is willing to commence its review of the application and incur costs associated with said review only if the Owners establish an escrow to ensure reimbursement to the City of its costs. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. DEPOSIT OF ESCROW FUNDS. Contemporaneously with the execution of this Escrow Agreement, the Owners shall deposit $ 7W with the City. All accrued interest, if any, shall be paid to the City to reimburse the City for its cost in administering the escrow account. 2. PURPOSE OF ESCROW. The purpose of the escrow is to guarantee reimbursement to the City for all out-of-pocket costs the City has incurred (including planning, engineering, or legal consultant review) or will incur in meeting with the Owners, reviewing the plans, and preparing agenda packet material for City Council review of Land Use Application # _____ . Eligible expenses shall be consistent with expenses the Owners would be responsible for under a land use application. 3. MONTHLY BILLING. As the City receives consultant bills for incurred costs, the City will in turn send a bill to the Owners. Owners shall be responsible for payment to the City within 30 days of the Owners' receipt of bill. 4. DISBURSEMENT FROM ESCROW ACCOUNT. In the event that the Owners do not make payment to the City within the timeframe outlined in #3 above, shall cease all reviews until the Owners pay all expenses invoiced pursuant to #3. The City may draw from the escrow account without further approval of the Owners to reimburse the City for eligible expenses the City has incurred. 5. CLOSING ESCROW. The Balance on deposit in the escrow, if any, shall be returned to the Owners when all requirements related to the project are complete. City Staff shall review the terms of this escrow agreement two times per year to determine whether the requirements of the project have been successfully completed and whether it is appropriate to return the funds. Owner may also request the release of the funds, and such funds shall be released upon City Staff receiving the appropriate verification that all requirements of the project have been successfully completed. 6. CERTIFY UNPAID CHARGES. If the project is abandoned by Owners, or if the eligible expenses incurred by the City exceed the amount in escrow, the City shall have the ri certify the unpaid balance to the subject property pursuant to Minn. Stat.§§ 415.01 and 366.012. CITY: CITY OF ORONO By:Qh~~ Its 11am~ ~~ Its: ,~'l.4 STONEWOOD LLC 153 Lake Street E Wayzata, MN 55391 (612) 462-4000 Associate .. .-ank 45 S 7th St, Ste 2900 Minneapolis, MN 55402 79-57/759 6/17/2014 PAYTOTHE CityofOrono I $**1,400.00 ' ORDER OF----------------------------,------- One Thousand Four Hundred and 00/100********************************************************************************* 12801 -----------------------------------------------DOLLARS City of Orono 2750 Kelley Parkway Orono MN 55356 MEMO 24 70 Carman Street STONEWOOD LLC City of Orono 1500 · Due From Related parties:1560 · Subdivision application for Carman St Associated Bank 2470 Carman Street NP AUTHORIZED SIGNATURE 12801 6/17/2014 1,400.00 1,400.00 ADDRESS PIN LEGALDESC CITY OF ORONO 2750 KELLEY PARKWAY ORONO, MN 55356- (952) 249-4600 FAX: (952) 249-4616 : 2470 CARMAN ST : 20-117-23-12-0060 : LEHMAN LAGOON : LOT 005 BLOCK 001 PERMIT TYPE : ESCROW FEE -APPLICANT PROPERTY TYPE : RESIDENTIAL CONSTRUCTION TYPE : ESCROW FEE -APPLICANT NOTE: THIS $700.00 ESCROW IS TIED TO SUBDIVISION APPLICATION 14-3676 II I Ill Ill Ill I II IIII Ill II IIII I Ill I IIII I Ill I 11111111111111111 *2014-00624* DATE ISSUED: 06/18/2014 APPLICANT LAKESHORE HOLDINGS LLC 153 LAKE STREET E WAYZATA, MN 55391- ESCROW FEE -APPLICANT ESCROW FEE -DEVELOPER TOTAL 700.00 0.00 700.00 (612) 462-4000 OWNER LIND, MR. & MRS. THOMAS 2470 CARMAN ST , MN 55391- AGREEMENT AND SWORN STATEMENT The work for which this permit is issued shall be performed according to the approved plans and specifications, applicable City approvals, and the State Building Code. This permit is for only the work described and does not grant permission for additional or related work which requires separate permits. All provisions oflaws and ordinances governing this type of work shall be compied with whether or not specified herein. This permit will expire and become null and void if construction authorized is not commenced within 180 days of the date of issuance, or if construction is suspended for a period of 180 days at any time after work has commenced. The applicant is responsible for assuring all required inspections are requested in conformance with the State Building Code. This permit may be revoked at any time for due cause. Applicant Permitee Signature Date Payment(s) CHECK Issued By Signature 12801 700.00 I I Date