HomeMy WebLinkAbout4a - PC Report Peanut Poppy RanchSTAFF REPORT
DATE: 2/26/2024
REGULAR
ITEM#: 4a – PUBLIC HEARING
MOTIONTO: Planning Commission FROM: Sophia Jensen, City Planner AGENDA ITEM: Peanut Poppy’s Ranch Minor Subdivision and Easement Vacation
INTRODUCTION:
The City received a minor subdivision application and easement vacation application from Lucy Wegscheider as Trustee for Viola E Sullwold Living Trust; the Gilbert E Sullwold Living Trust; and as Lucy and Scott Wegscheider. The request is to consolidate seven parcels of land and split it into two parcels. No development is proposed with this request. Land use would remain the
same, each property is currently a single family farmstead.
Viola and Gilbert Sullwold are both deceased, and Lucy is their daughter. Pursuant to the terms of the Trusts, their property is to be divided between their two daughters. The property must be split via a minor subdivision due to the road right of way to be dedicated. An easement vacation
is also required to eliminate the existing roadway easement since it will be dedicated with the minor subdivision.
ISSUE BEFORE PLANNING COMMISSION: The Planning Commission is being asked to hold a public hearing and make a recommendation
on the minor subdivision and easement vacation requests.
GENERAL INFORMATION: Address:
PID:
10190 47th St North and 4890 Kimbro Ave North
11.029.21.21.0001, 11.029.21.22.0002, 02.029.21.34.0005, 02.029.21.34.0001, 02.029.21.33.0004, 11.029.21.21.0002,
11.029.21.0003
Existing Zoning: Agriculture (A), Shoreland Overlay District, Valley Branch Watershed District Surrounding Zoning: North: Agriculture (A)
South: 47th Street and Rural Residential (RR) East: Kimbro Ave and Rural Residential (RR)
West: Keats Ave and Rural Residential (RR)
Deadline for Action: Application Complete – 2/5/2024 120 Day Deadline – 6/1/2024 Applicable Regulations: Title 103 – Subdivision Regulations
Article V – Zoning Administration
Article XI – Rural Districts Article XIX – Shoreland Overlay District Lake Elmo 2040 Comprehensive Plan
Comprehensive Plan:Agricultural Preserve
(AP)
2
REVIEW AND ANALYSIS:
Minor Subdivision: The City’s subdivision regulations allow for certain major subdivision
procedures and requirements to be waived when: 1) no more than four lots are being created; 2) when no new public infrastructure or rights-of-way or streets are necessary; and 3) when the proposed lots meet the minimum road frontage and area requirements of the underlying zoning district. The minor subdivision process allows for concurrent review and approval of a
preliminary and final plat. Below is a review of the minor subdivision criteria:
1. The proposed minor subdivision does not require any new public infrastructure or any new public streets.
2. The request is not adding additional lots, instead seven existing lots are being consolidated into two lots.
3. This request will meet the City’s agriculture zoning lot dimension and bulk building
requirements.
4. No tree removal or structure/building changes are proposed as a part of this request.
Easement Vacation The property currently has a roadway easement that covers 47th Street North. Due to the minor subdivision of the property the existing easement must be vacated and rededicated as road right of way.
CITY AGENCY REVIEW:
This request was distributed for review on February 8th, 2024. The following departments provided comments on the applications:
• Valley Branch Watershed District - Indicated a VBWD permit would be required for this
request.
• City Engineer - Provided comments that the submittal appears to satisfy the required easement and ROW dedications.
• Fire Department – Did not have comments on the request.
• City Attorney – Provided a plat opinion.
• MN DNR – Did not provide comments. PUBLIC COMMENT:
A public hearing notice was sent to surrounding properties on February 14th 2024. A public hearing notice was published in the City’s official newspaper on February 16th, 2024. Staff has not received any public comment at this time. FINDINGS:
Staff is recommending that the Planning Commission consider the following findings with regards to the request:
• That the Peanut Poppy’s Ranch minor subdivision and easement vacation is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area.
• That the Peanut Poppy’s Ranch minor subdivisions and easement vacation is consistent with the future development plans of the area and with the standards of the City’s agriculture zoning district.
3
•That the Peanut Poppy’s Ranch minor subdivision meets the requirements of theCity’s minor subdivision regulations and specifically the requirements concerningexceptions to platting.
RECOMMENDED CONDITIONS OF APPROVAL:
1.The applicant must obtain all other necessary City, state, and other governing bodypermits and approvals prior to release of the plat for recording.2.The City Attorney’s comments set forth in the plat opinion shall be addressed prior
to release of the plat for recording.
3.The applicant shall record the plat within 180 days after the approval and provideproof to the City. If not recorded within 180 days, approval of the minorsubdivision shall be considered void, unless a request for a time extension is
submitted in writing and approved by the council.
RECOMMENDATIONS: Staff recommends that the Planning Commission recommend approval of the minor subdivision and easement vacation request. Suggested Motions:
“Move to recommend approval of the Peanut Poppy’s Ranch minor subdivision and easement
vacation request based on the findings of fact and conditions presented in the staff report.”
ATTACHMENTS: 1)Location Map2)Land Use Applications
3)Final Plat4)VBWD Email (2-8-2024)5)City Engineer Email (2-12-2024)6)Fire Dept. Memo (2-14-2024)7)City Attorney Plat Opinion (2-15-2024)
KEATSAVENKEATSAVEN47THSTN
ClearLake KIRKWOODAVEN50THSTN
KIMBROAVEN47THSTN
KIMBROAVENArcGIS Web AppBuilder
Parcels
Municipals
DNR Protected Waters ID
2/8/2024, 3:45:41 PM
0 0.1 0.20.05 mi
0 0.15 0.30.07 km
1:9,028
Washington County, MN |
From:John P. Hanson
To:Sophia Jensen
Subject:RE: Lake Elmo Land Use Agency Review - February 1st Batch
Date:Thursday, February 8, 2024 2:01:14 PM
Attachments:image002.png
image003.jpg
Caution: This email originated outside our organization; please use caution.
Sophia,
All subdivisions, plats, developments, and lot-line modifications require permits from the
Valley Branch Watershed District. Please inform the Peanut Poppy Ranch representatives of
the requirement.
It appears that because no site changes are proposed at the Fury Motors site that the United
Rentals project does not require a VBWD permit.
Thanks,
John
John P. Hanson, PE
Valley Branch Watershed District Engineer
Barr Engineering Co. | 4300 MarketPointe Drive | Bloomington, MN 55435
office: 952.832.2622 | cell: 612.590.1785
JHanson@barr.com | www.barr.com | www.vbwd.org
From:Jack Griffin
To:Sophia Jensen
Cc:Nathan Fuerst; Chad Isakson
Subject:Wagscheider Minor Subdivision Application (Peanut Poppy Ranch)
Date:Monday, February 12, 2024 7:28:27 PM
Caution: This email originated outside our organization; please use caution.
Sophia,Please see the engineering review comments for the Minor Subdivision Application located at10190 47th Street and 4890 Kimbro. The review comments generally remain unchanged fromthe preliminary review provided last November 2023. The application materials appear tohave addressed all R/W and easement preservation requirements.
The following R/W and easement dedications must be incorporated as part of any MinorSubdivision approvals.
1. 47th Street North, from Keats Avenue N to Kimbro Avenue N. Roadway is an existingMajor Collector roadway in the 2040 Comprehensive Plan. Right-of-way dedicationrequirements are 80 to 120 feet, so 80 feet minimum. The subject parcel should berequired to provide 40-feet right-of-way dedication as measured from the existingroadway centerline. Dedication appears to be provided as part of the applicationmaterials.2. Kimbro Avenue North, from 47th Street N to 50th Street N. Roadway is an existingMajor Collector roadway in the 2040 Comprehensive Plan. Right-of-way dedicationrequirements are 80 to 120 feet, so 80 feet minimum. The subject parcel should berequired to provide 40-feet right-of-way dedication as measured from the existingroadway centerline. Dedication appears to be provided as part of the applicationmaterials.3. Keats Avenue North, from 47th Street N to TH36. Roadway is a neighborhoodCollector roadway. Right-of-way dedication requirements per city engineering designstandards are 80 feet. The subject parcel should be required to provide 40-feet right-of-way dedication as measured from the existing roadway centerline. Dedication appears tobe provided as part of the application materials.4. The Minor subdivision approval must also be contingent upon the granting of a 10-footwide drainage and utility easement along all public right-of-way. Dedication appears tobe provided as part of the application materials.
All R/W dedication identified above must be made as measured from the existing pavedroadway centerlines.
Thanks ~Jack John (Jack) W. Griffin, P.E.Principal / Sr. Municipal Engineer
LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL
Fire Prevention, Code Enforcement, and Public Education
February 14, 2024
Sophia Jensen, Planner
City of Lake Elmo
Re: Peanut Poppy Ranch – Minor Subdivision and Easement Vacation
“Proudly Serving Neighbors and Friends”
Sophia,
Based on the plan documents dated February 8, 2024, the fire department has no comments pertaining to the
proposed subdivision and easement vacation.
However, should improvement be made such as but not limited to streets, buildings, and the like the fire
department may offer additional comments.
Respectfully,
150 South Fifth Street
Suite 700
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
__________________________________________________________________________________________________
LA515\138\933578.v2
SAMANTHA C. ZUEHLKE
Attorney at Law
Direct Dial (612) 337-9205
Email: szuehlke@kennedy-graven.com
February 15, 2024
VIA E-MAIL ONLY
Ms. Sophia Jensen
City Planner
City of Lake Elmo
3880 Laverne Avenue North
Lake Elmo, MN 55042
RE: Plat Opinion for PEANUT POPPY’S RANCH
Dear Sophia:
At the City’s request, I have reviewed two title commitment issued by St. Croix Title, as issuing
agent for Old Republic National Title Insurance Company, each with an effective date of January
22, 2024, Commitment Nos. P22405-24-P2914 and P22405-24-P2915 (the “Commitments”). I
have reviewed Torrens Certificate Nos. 47613 and 82544. I have also reviewed a preliminary plat
prepared by Cornerstone Land Surveying, Inc., which is titled PEANUT POPPY’S RANCH (the
“Plat”).
The Commitments purport to cover the following legal description:
That part of the South Half of the Southwest Quarter of Section 2 and that part of the North Half
of the Northwest Quarter of Section 11, all in Township 29 North, Range 21 West, City of Lake
Elmo, Washington County, Minnesota, described as follows:
Beginning at the Northeast corner of said North Half of the Northwest Quarter of
Section 11; thence South 01 degrees 11 minutes 12 seconds East (bearings are based
on the Washington County Project Coordinate System, South Zone), along the east
line of said North Half of the Northwest Quarter of Section 11, a distance of
1315.33 feet to its intersection with the south line of said North Half of the
Northwest Quarter of Section 11; thence South 89 degrees 06 minutes 46 seconds
West along said south line of the North Half of the Northwest Quarter of Section
11, a distance of 2624.50 feet to its intersection with the west line of said North
Half of the Northwest Quarter of Section 11; thence North 01 degrees 12 minutes
39 seconds West, along said west line of the North Half of the Northwest Quarter
of Section 11, a distance of 533.19 feet to its intersection with the south line of the
north 125.00 feet of the South Half of the Northwest Quarter of said Northwest
Quarter of Section 11; thence North 89 degrees 07 minutes 28 seconds East, along
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said south line of the north 125.00 feet, a distance of 381.52 feet to its intersection
with the east line of the west 381.51 feet of said South Half of the Northwest
Quarter of the Northwest Quarter of Section 11; thence North 01 degrees 12
minutes 39 seconds West, along said east line of the west 381.51 feet, a distance of
125.00 feet to its intersection with the north line of said South Half of the Northwest
Quarter of the Northwest Quarter of Section 11; thence South 89 degrees 07
minutes 28 seconds West, along said north line of the South Half of the Northwest
Quarter of the Northwest Quarter of Section 11, a distance of 348.52 feet to its
intersection with the east line of the west 33.00 feet of the North Half of said
Northwest Quarter of the Northwest Quarter; thence North 01 degrees 12 minutes
39 seconds West, along said east line of the west 33.00 feet, a distance of 658.19
feet to its intersection with the north line of said Northwest Quarter of the
Northwest Quarter of Section 11; thence North 89 degrees 08 minutes 09 seconds
East, along said north line of the Northwest Quarter of the Northwest Quarter of
Section 11, a distance of 10.00 feet to its intersection with the east line of the west
43.00 feet of the Southwest Quarter of said Southwest Quarter of Section 2; thence
North 01 degrees 32 minutes 44 seconds West, along said east line of the west 43.00
feet of the Southwest Quarter of the Southwest Quarter of Section 2, a distance of
200.01 feet to the Northeast corner of the south 200.00 feet of the west 43.00 feet
of said Southwest Quarter of the Southwest Quarter of Section 2; thence South 89
degrees 26 minutes 53 seconds east, a distance of 1270.57 feet, more or less, to its
intersection with the east line of the Southwest Quarter of the Southwest Quarter of
said Section 2; thence South 01 degrees 26 minutes 57 seconds east, along said east
line of the Southwest Quarter of the Southwest Quarter, a distance of 16.60 feet,
more or less, to its intersection with the north line of the south 152.00 feet of the
West Half of the Southeast Quarter of the Southwest Quarter of Section 2; thence
North 89 degrees 08 minutes 09 seconds East, along said north line of the south
152.00 feet, a distance of 632.69 feet, more or less, to a point which is 23.70 feet
westerly of the northeast corner of said South 152.00 feet of the West Half of the
Southeast Quarter of the Southwest Quarter of Section 2 and as measured along
said north line of the south 152.00 feet; thence North 00 degrees 14 minutes 05
seconds West, a distance of 1164.06 feet, more or less, to the northeast corner of
said West Half of the Southeast Quarter of the Southwest Quarter of Section 2;
thence North 89 degrees 04 minutes 29 seconds East, along the north line of the
East Half of said Southeast Quarter of the Southwest Quarter of Section 2, a
distance of 657.36 feet to its intersection with the east line of the East Half of the
Southeast Quarter of the Southwest Quarter; thence South 01 degrees 21 minutes
11 seconds east, along said east line of the East Half of the Southeast Quarter of the
Southwest Quarter, a distance of 1316.74 feet to the point of beginning.
EXCEPTING
Ms. Sophia Jensen
February 15, 2024
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All that part of the Southeast Quarter of the Southwest Quarter of Section 2 and all that part of the
East Half of the Northeast Quarter of the Northwest Quarter of Section 11, Township 29 North,
Range 21 West, City of Lake Elmo, Washington County, Minnesota, described as follows:
Commencing at the northeast corner of said East Half of the Northeast Quarter of
the Northwest Quarter of Section 11 said point being the point of beginning of the
land to be described; thence North 01 degrees 21 minutes 11 seconds West
(bearings are based on the Washington County Project Coordinate System-South
Zone), along the east line of said Southeast Quarter of the Southwest Quarter of
Section 2, a distance of 195.69 feet, more or less, to its intersection with the north
line of the south 195.68 feet of said Southeast Quarter of the Southwest Quarter;
thence South 89 degrees 08 minutes 09 seconds West, along said north line of the
south 195.68 feet of the Southeast Quarter of the Southwest Quarter, a distance of
557.02 feet, more or less, to its intersection with the west line of the east 557.00
feet of said Southeast Quarter of the Southwest Quarter; thence South 01 degrees
21 minutes 11 seconds East, along said west line of the east 557.00 feet of the
Southeast Quarter of the Southwest Quarter, a distance of 195.69 feet, more or less,
to its intersection with the south line of said Southeast Quarter of the Southwest
Quarter; thence South 89 degrees 08 minutes 09 seconds West, along said south
line of the Southeast Quarter of the Southwest Quarter, a distance of 99.24 feet,
more or less, to its intersection with the west line of said East Half of the Northeast
Quarter of the Northwest Quarter of Section 11; thence South 01 degrees 11
minutes 34 seconds East, along said west line of the East Half of the Northeast
Quarter of the Northwest Quarter, a distance of 565.01 feet, more or less, to its
intersection with the south line of the north 565.00 feet of said East Half of the
Northeast Quarter of the Northwest Quarter; thence North 89 degrees 08 minutes
09 seconds East, along said south line of the north 565.00 feet of the East Half of
the Northeast Quarter of the Northwest Quarter, a distance of 656.20 feet, more or
less, to its intersection with said east line of the East Half of the Northeast Quarter
of the Northwest Quarter; thence North 01 degrees 11 minutes 12 seconds West,
along said east line of the East Half of the Northeast Quarter of the Northwest
Quarter to the point of beginning.
The southeast corner and the southeasterly part of the premises described herein has been
marked with Judicial Landmarks as shown in Document No. 53068.
Torrens Property/Cert. No. 82544
(the “Trust Property”)
AND
The Land referred to herein below is situated in the County of Washington, State of
Minnesota, and is described as follows:
Ms. Sophia Jensen
February 15, 2024
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All that part of the Southeast Quarter of the Southwest Quarter of Section 2 and all
that part of the East Half of the Northeast Quarter of the Northwest Quarter of
Section 11, Township 29 North, Range 21 West, City of Lake Elmo, Washington
County, Minnesota, described as follows:
Commencing at the northeast corner of said East Half of the Northeast Quarter of
the Northwest Quarter of Section 11 said point being the point of beginning of the
land to be described; thence North 01 degrees 21 minutes 11 seconds West
(bearings are based on the Washington County Project Coordinate System-South
Zone), along the east line of said Southeast Quarter of the Southwest Quarter of
Section 2, a distance of 195.69 feet, more or less, to its intersection with the north
line of the south 195.68 feet of said Southeast Quarter of the Southwest Quarter;
thence South 89 degrees 08 minutes 09 seconds West, along said north line of the
south 195.68 feet of the Southeast Quarter of the Southwest Quarter, a distance of
557.02 feet, more or less, to its intersection with the west line of the east 557.00
feet of said Southeast Quarter of the Southwest Quarter; thence South 01 degrees
21 minutes 11 seconds East, along said west line of the east 557.00 feet of the
Southeast Quarter of the Southwest Quarter, a distance of 195.69 feet, more or less,
to its intersection with the south line of said Southeast Quarter of the Southwest
Quarter; thence South 89 degrees 08 minutes 09 seconds West, along said south
line of the Southeast Quarter of the Southwest Quarter, a distance of 99.24 feet,
more or less, to its intersection with the west line of said East Half of the Northeast
Quarter of the Northwest Quarter of Section 11; thence South 01 degrees 11
minutes 34 seconds East, along said west line of the East Half of the Northeast
Quarter of the Northwest Quarter, a distance of 565.01 feet, more or less, to its
intersection with the south line of the north 565.00 feet of said East Half of the
Northeast Quarter of the Northwest Quarter; thence North 89 degrees 08 minutes
09 seconds East, along said south line of the north 565.00 feet of the East Half of
the Northeast Quarter of the Northwest Quarter, a distance of 656.20 feet, more or
less, to its intersection with said east line of the East Half of the Northeast Quarter
of the Northwest Quarter; thence North 01 degrees 11 minutes 12 seconds West,
along said east line of the East Half of the Northeast Quarter of the Northwest
Quarter to the point of beginning.
Torrens Property/Cert. No. 47613
(the “Wegscheider Property”) (collectively, the “Property”).
Based on my review of the Commitments and the Plat, I have the following comments relative to
the proposed Plat:
1. Plat execution. The Plat must be signed by:
a. The fee owners:
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February 15, 2024
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i. Lucy V. Wegscheider and Scott R. Wegscheider, wife and husband; and
ii. Lucy Wegscheider, Trustee of the Viola Elizabeth Sullwold Living Trust of
August 30, 2000, and Lucy Wegscheider, Trustee of the Gilbert E. Sullwold
Living Trust of August 30, 2000.
The Plat must be executed with all the formalities of a deed of title. I require review
of an Affidavit of Trustee that the trustees signing the Plat are authorized to sign
the Plat on behalf of the Trusts.
b. The Commitments indicate that there is no mortgage on the Property. I require
verification that no mortgages will be recorded against the Property prior to the
recording of the Plat.
2. Plat Corrections. I require review of the following revisions.
a. The Plat does not appear to convey any new drainage and utility easements to the
public, including along the perimeters of Lots 1 and 2, Block 1. The City should
review and determine if it additionally requires public drainage and utility
easements to be dedicated along the perimeters of the lots. Public dedication
language must additionally be added by the surveyor to the Plat.
b. The legal description of the Trust Property should be revised from “a distance of
533.19 feet to its intersection with the south line of the north 125.00 feet of the
South Half of the Northwest Quarter of said Northwest quarter of Section 11” to “a
distance of 533.19 feet to its intersection with the south line of the north 125.00 feet
of the South Half of the Northwest Quarter of said Northwest Quarter of Section
11” (revision underlined for emphasis only).
c. Unless the Wegscheider Property is to be conveyed in equal parts to the Viola
Elizabeth Sullwold Living Trust of August 30, 2000, and the Gilbert E. Sullwold
Living Trust of August 30, 2000, Lucy V. Wegscheider and Scott R. Wegscheider,
wife and husband, as fee owners of the Wegscheider Property, must sign the Plat.
If Lucy V. Wegscheider and Scott R. Wegscheider must sign the Plat, a notification
of interest for the Wegscheiders must also be inserted and it must be indicated on
the Plat which property is owned by the above-named Trusts and which property is
owned by the Wegscheiders as husband and wife.
d. The Plat indicates that there is a Co-Trustee of the Gilbert E. Sullwold Living Trust
(Lake Elmo Bank). The Commitment indicates that only Lucy Wegscheider is the
Trustee of the Gilbert E. Sullwold Living Trust. I require review of an Affidavit of
Trustee identifying the Trustees and who is authorized to act on behalf of the Trust.
e. The Trust notification of interest must be revised to “Viola Elizabeth Sullwold
Living Trust of August 30, 2000, and Lucy Wegscheider, Trustee of the Gilbert E.
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February 15, 2024
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Sullwold Living Trust of August 30, 2000”. References to each trust should be
revised throughout the Plat to reference the full name of the Trust as described.
f. The Trust notification of interest should be revised to “property situation in the City
of Lake Elmo, County of Washington, State of Minnesota:”
g. The notification of interest should be revised from “and does hereby dedicate” to
“and do hereby dedicate”.
h. Each instance of the notification should be revised from “herunto set her hand” to
“hereunto set her hand”.
i. The signature block for the Viola Elizabeth Sullwold Living Trust should be revised
from:
Signed: Lucy Wegscheider
______________________, Trustee
Lucy Wegscheider
to:
_________________________________
Lucy Wegscheider, Trustee of the Viola Elizabeth Sullwold Living Trust of
August 30, 2000
j. The acknowledgement for the Viola Elizabeth Sullwold Living Trust should be
revised from “Viola Elizabeth Sullwold Living Trust .” to “Viola Elizabeth
Sullwold Living Trust .”.
k. Pursuant to City Code, the City does not require its Planning Commission to sign
plats. The Planning Commission approval certificate should be removed from the
Plat.
l. The signature block for the Gilbert E. Sullwold Living Trust should be revised
from:
Signed: Lucy Wegscheider
______________________, Co-Trustee
Lucy Wegscheider
to:
______________________________
Ms. Sophia Jensen
February 15, 2024
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Lucy Wegscheider, Trustee of the Gilbert E. Sullwold Living Trust of
August 30, 2000
m. Pursuant to City Code, the City does not require its Planning Commission to sign
plats. The Planning Commission approval certificate should be removed from the
Plat.
3. Title Exceptions.
Trust Property:
a. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the Title that would by disclosed by an inspection and an accurate and
complete land survey of the Land. No further action is required.
b. Easements, or claims of easements, not recorded in the Public Records. The fee
owners should provide copies of any easements not in the public records, if any, for
my review.
c. Any lien, or right to a lien, for services, labor, or material furnished, imposed by
law and not recorded in the Public Records. The fee owners should provide copies
of any liens for services, labor, or material furnished against the Property not in
the public records, if any, for my review.
d. Subject to the terms and conditions of an Order dated August 21, 1979, and filed
August 29, 1979, as Document No. 53068. Document No. 53068 is memorialized
upon Certificate of Title in order to show the placement of Judicial Landmarks at
the southeast corner and along the southeast line of Property. No further action is
required.
e. Subject to the terms and conditions of an Order dated October 27, 1992, and filed
November 3, 1992, as Document No. 1020403. The Order registers as Torrens
both the Trust Property and the Wegscheider Property. The Order references a
permanent easement for public roadway granted to the City, by Deed Document
No. 613428. The Plat depicts the roadway along 47th St. N., and references the
easement by document number, and states the easement is to be vacated. I require
review of the vacation documents prior to the recording of the Plat.
f. Subject to the terms and conditions of an Order dated August 16, 2023, and filed
September 13, 2023, as Document No. 1287864. The Order corrects the legal
description of the Property and directed issuance of new certificates of title for the
Property. No further action is required.
Ms. Sophia Jensen
February 15, 2024
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g. Prior to registration as Torrens, the Property, or portions thereof, were placed in a
metropolitan agricultural preserve pursuant to Document No. 441681 filed March
1, 1983. Any deferred green acres taxes must be paid prior to the recording of the
Plat.
Wegscheider Property:
a. Rights or claims of parties in possession not recorded in the Public Records. The
fee owners should provide copies of and disclose any leases not recorded in the
public records, if any, for my review.
h. Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the Title that would by disclosed by an inspection and an accurate and
complete land survey of the Land. No further action is required.
i. Easements, or claims of easements, not recorded in the Public Records. The fee
owners should provide copies of any easements not in the public records, if any, for
my review.
j. Any lien, or right to a lien, for services, labor, or material furnished, imposed by
law and not recorded in the Public Records. The fee owners should provide copies
of any liens for services, labor, or material furnished against the Property not in
the public records, if any, for my review.
4. Property taxes and assessments. All real estate taxes (including delinquent taxes and any
deferred Green Acres taxes) due in the year the Plat is to be recorded must be paid prior to
recording. All special assessments must also be paid.
Trust Property:
Tax I.D. No. 11.029.21.21.0001
2024 base tax has been proposed in the amount of $4,792.00, and taxes are unpaid.
There are no delinquent taxes of record.
Tax I.D. No. 11.029.21.22.0002
2024 base tax has been proposed in the amount of $576.00, and taxes are unpaid.
There are no delinquent taxes of record.
Tax I.D. No. 02-029-21-34-0005
2024 base tax has been proposed in the amount of $322.00, and taxes are unpaid.
There are no delinquent taxes of record.
Tax I.D. No. 02-029-21-34-0001
2024 base tax has been proposed in the amount of $936.00, and taxes are unpaid.
There are no delinquent taxes of record.
Ms. Sophia Jensen
February 15, 2024
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Tax I.D. No. 02-029-21-33-0004
2024 base tax has been proposed in the amount of $8.00, and taxes are unpaid.
There are no delinquent taxes of record.
Wegscheider Property:
Tax I.D. No. 11.029.21.21.0003
2024 base tax has been proposed in the amount of $576.00, and taxes are unpaid.
There are no delinquent taxes of record.
Tax I.D. No. 11.029.21.21.0002
2024 base tax has been proposed in the amount of $8.00, and taxes are unpaid.
There are no delinquent taxes of record.
This letter does not purport to set forth every matter relevant to a determination of whether title to
the Property is marketable, and no one should rely upon it for that purpose. The sole purpose of
this letter is to identify required signatories to the Plat and related issues of interest to the City in
connection with platting, as evidenced by the Commitment.
This opinion is conditioned upon both my review of a final plat and the issuance of a title policy
in favor of the City of Lake Elmo, insuring the City’s interests as they appear on the Plat.
Please contact me if you have any questions regarding this information. Thank you.
Sincerely,
Samantha C. Zuehlke
Samantha C. Zuehlke