HomeMy WebLinkAbout4a -PC Report Berschens Minor Sub and ZMA STAFF REPORT
DATE: May 27th 2025
Item 4a – Public Hearing
Regular/Motion
TO: Planning Commission
FROM: Sophia Jensen, Senior City Planner
AGENDA ITEM: Berschens Shores 3rd Addition Minor Subdivision and Zoning Map
Amendment
REVIEWED BY: Ashley Monterusso, City Planner
CORE STRATEGIES:
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INTRODUCTION:
The City received a minor subdivision application and zoning map amendment application from
Jean and Janet Berschens (Trustees for John A. Berschens Trust & Janet M. Berschens Trust). As
stated in their application narrative, this request is related to estate planning for the family. No
structures/development are proposed with this request.
The subject property is currently comprised of four parcels, one of which is landlocked and
others which extend over roadways. The request would shift the boundaries of the four parcels
into new shapes, more conforming with City Standards.
A zoning map amendment is needed to clean up one of the parcels from Public Facilities (PF) to
Rural Residential (RR). This property was zoned to Public Facilities (PF) in the early 2000’s for
a planned public works facility. The City relocated Public Works to its current location in 2005.
The zoning for this parcel was not corrected during that plan change.
ISSUE BEFORE PLANNING COMMISSION:
The Planning Commission is being asked to hold a public hearing and make a recommendation
on the requests.
GENERAL INFORMATION:
Address: 9579 45th St N
PID:
Site Area:
10.029.21.42.0001, 10.029.21.31.0001, 10.029.21.13.0002, 10.029.21.12.0002
~134.21 acres
Existing Zoning: Rural Residential (RR), Public Facilities (PF), Shoreland Overlay District,
Valley Branch Watershed District
Surrounding Zoning: North: Residential Estate (RR) and Rural Single Family (RS)
South: Rural Residential (RR) and Public Facilities (PF)
East: Rural Residential (RR) and Open Space Planned Unit Development (OP-PUD)
West: Rural Single Family (RS) and Rural Residential (RR)
Deadline for Action: Application Complete – 4/11/2025
60 Day Deadline – 6/10/2025
2
Applicable
Regulations:
Title 103 – Subdivision Regulations
Article V – Zoning Administration
Article XI – Rural Districts
Article XIX – Shoreland Overlay District
Lake Elmo 2040 Comprehensive Plan
REVIEW AND ANALYSIS:
Minor Subdivision: The City’s subdivision regulations allow for certain major subdivision
procedures and requirements to be waived when certain criteria are met. 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 will result in no more than four parcels. Four
parcels will be reconfigured for estate planning purposes.
2. The proposed minor subdivision will not require any new infrastructure or streets.
Existing road right-of-way will be dedicated to clean up the area.
3. Easements have been dedicated where applicable.
4. This request will meet the City’s Rural Residential (RR) zoning lot dimension and
bulk building requirements.
5. The request will meet the City of Lake Elmos access spacing and location. No new
driveways or access points are proposed with this request.
Zoning Map Amendment: As part of the minor subdivision PID 10.029.21.13.0002 (~16.6
acres) will need to be corrected from Public Facilities (PF) to Rural Residential (RR), which is
the same zoning district as the other parcels within the request. This property was zoned to
Public Facilities (PF) in the early 2000’s for a planned public works facility. The City relocated
Public Works to its current location in 2005. Zoning for this parcel was not corrected. This
correction will make the zoning map more consistent with the City’s 2040 future land use map.
CITY AGENCY REVIEW:
This was distributed for review on April 16th. The following departments provided comments:
• Public Works (Email 4/21/25) – Provided comments requesting 45th St ROW and
proposed property line revisions to accommodate existing trail.
• Valley Branch Watershed District (Email 4/22/25) - Indicated a VBWD permit would be
required for this request.
• City Engineer (Memo 4/28/25) - Provided comments that the submittal appears to satisfy
the required easement and ROW dedications. Suggests revisions for 45th St trail right-of-
way and easement vacation.
• Fire Department (Memo 4/23/25) – Provided standard comments related to roads,
waterlines, access, gates, and addressing.
• City Attorney – Provided a plat opinion with requested revisions. A condition of approval
has been added regarding this memo.
• MN DNR – No Comment Provided.
PUBLIC COMMENT:
A public hearing notice was sent to surrounding properties on April 29th, 2025 and May 12th
2025. A public hearing notice was published in the City’s official newspaper on May 16th, 2025.
Staff has not received any public comment at this time.
3
FINDINGS:
Staff is recommending that the Planning Commission consider the following findings with
regards to the requests:
• That the Berschens Shores 3rd Addition minor subdivision and zoning map
amendment is consistent with the Lake Elmo Comprehensive Plan and the
Future Land Use Map for this area.
• That the Berschens Shores 3rd Addition minor subdivision and zoning map
amendment is consistent with the future development plans of the area and with the
standards of the City’s agriculture zoning district.
• That the Berschens Shores 3rd Addition minor subdivision meets the requirements
of the City’s minor subdivision regulations and specifically the requirements
concerning exceptions to platting.
RECOMMENDED CONDITIONS OF APPROVAL:
1. The applicant must obtain all other necessary City, state, and other governing body
permits and approvals prior to release of the plat for recording.
2. The applicant shall work with the City to assign addresses the four parcels.
3. The City Attorney’s comments set forth in the plat opinion shall be addressed prior
to release of the plat for recording.
4. Lot 1, Block 1 will continue to be used for agricultural purposes in combination
with Lot 2, Block 1 in order to keep the existing accessory structure configuration
so that it meets the City’s requirements for accessory buildings. Once agricultural
operations cease, or the parcels are no longer under common ownership, the
accessory buildings on both lots must be brought into conformance so that they
meet the City’s current limitations on the number and size of accessory buildings.
5. The special assessments currently levied against the property subject to the minor
subdivision shall be transferred or paid in full prior to release of the final plat for
recording.
6. The applicant shall record the plat and resolution within 180 days after approval
and provide proof to the City. If both are not recorded within 180 days, approval of
the minor subdivision shall be considered void, unless a request for a time
extension is submitted in writing and approved by the council.
RECOMMENDATIONS:
Staff recommends the Planning Commission to recommend approval of the minor subdivision
and zoning map amendment request. Suggested Motion:
“Move to recommend approval of the Berschens Shores 3rd Addition minor subdivision and
zoning map amendment requests based on the findings of fact and conditions presented in the
staff report.”
ATTACHMENTS:
1) Location Map
2) Land Use Applications and Plat
3) Public Works (Email 4/21/25)
4) VBWD (Email 4/22/2025)
5) Fire Department (Memo 4/23/25)
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6) City Engineer (Memo 4/28/25)
7) City Attorney (Memo 4/29/25)
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ArcGIS Web AppBuilder
Parcels
Municipals
DNR Protected Waters ID
4/28/2025, 2:31:50 PM
0 0.1 0.20.05 mi
0 0.15 0.30.07 km
1:9,028
Washington County, MN |
Date Received.
Received By.
Permit #;
THE CITY OE
LAKE ELMO
651-747-3900
3800 Laveme Avenue North
Lake Elmo,MN 55042
MINOR SUBDIVISION APPL/CATION
Applicant:Jean Berschens and Janet Berschens,Trustees (respectively)
Address;9420 Jane Court N,Lake Elmo,MN 55042
Phone #651-777-0562 (hard of hearing)
Email Address janetmberschens@gmail.com
Fee Owner:John A.Berschens Trust dated January 22,2010 &Janet M.Berschens Trust dated January 22,2010
Address:9420 Jane Court N,Lake Elmo,MN 55042
Phone #651-777-0562 (hard of hearing)
Email Address:janetmberschens@gmail.com
Engineer:Chris Gray,Bogart,Pederson &Associates,Inc.
Address:13076 First Street.Becker,MN 55308
Phone#(763)262-8822
Email Address:cgray@bogart-pederson.com
Property Location (Address):Lake Elmo,MN 55042;Lake Elmo,MN 55042;9579 45th St N,Lake Elmo,MN 55042;Lake Elmo,MN 55042
Complete Legal Description:See Legal Description provided in Exhibit A of the Title Commitment attached hereto.
PID#;10-029-21-12-0002;10-029-21-13-0002;10-029-21-42-0001;10-029-21-31-0001
Detailed Reason for Request:Applicant submits this minor subdivision application to creating preferred lot sizes and
locations for future estate planning purposes.Applicant and counsel have discussed the proposed minor subdivision
at length with City planning staff and offers the attached Letter Regarding Continued Agricultural Use in order to
satisfy City requirements related to lot size and the permitted number of accessory buildings on certain proposed lots.
In signing this application,I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning
ordinance and current administrative procedures.I further acknowledge the fee explanation as outlined in the application
procedures and hereby agree to pay all statements received from the City pertaining to additional application expense.
Signature of applicant a?y.,/~Date:.3'-/7 -,,l _r-'/'~----------
}l]nature of fee owner.Lale.
EXHIBIT TO ZONING MAP AMENDMENT APPLICATION
b. Date of application. April 11, 2025
d. Parcel ID # and Legal description.
PID# 10-029-21-13-0002
All that part of the west half of the Northeast Quarter, and all that part of
Government Lot 3, lying easterly of the easterly line of the recorded plat of Dawcin
Acres, as the same is surveyed and monumented, all located in Section 10, Township
29 North, Range 21 West, Washington County, Minnesota, described as follows, to
wit:
Beginning at the southwesterly corner of said West Half of the Northeast
Quarter; thence North 88 degrees 50 minutes 37 seconds East, assumed bearing, along
the southerly line thereof, 816.17 feet; thence easterly, northeasterly and northerly
783.76 feet along a tangential curve, concave to the northwest, having a radius of
498.22 feet and a central angle of 90 degrees 08 minutes 00 seconds; thence North 01
degree 17 minutes 23 seconds West, along tangent, 44.09 feet, more or less, to the
northerly line of the South 543.47 feet of said West Half of the Northeast Quarter;
thence South 88 degrees 50 minutes 37 seconds West, along said northerly line, and
along the northerly line of the South 543.47 feet of said Government Lot 3, a distance
of 1427.30 feet, more or less, to said easterly line of the recorded plat of Dawcin Acres,
as the same is surveyed and monumented; thence South 01 degree 40 minutes 19
seconds East, along said easterly line, 543.49 feet, more or less, to the southerly line of
said Government Lot 3; thence North 88 degrees 50 minutes 37 seconds East, along
said southerly line 108.12 feet, more or less, to the point of beginning.
f. Conceptual site plan drawn to scale showing all affected parcels and a general concept for any
proposed development of said parcels.
Please see the attached preliminary plat for Applicant’s Minor Subdivision
Application. No development of the subject parcel is anticipated.
g. General location of all buildings and their approximated dimensions and square footage. N/A
h. Approximate location of all curb cuts, driveways, access roads, parking areas, off-street loading
areas, and sidewalks. N/A
i. Conceptual landscape plan indicating general planting areas for trees, shrubs, and lawns. N/A
j. Conceptual grading erosion control, and storm water management plan. N/A
k. Conceptual sewer and water utility plan for the development. N/A
l. Narrative indicating the types of uses or businesses that are contemplated for the development,
number of employees, parking and traffic impacts, and other pertinent information about the
proposed development. N/A
m. Mailing labels with names and addresses of property owners within 350 feet. The city requires
that this list be from a certified abstractor or from Washington County.
See Schedule 1 attached hereto.
n. Applicable fee listed on the Cities current fee schedule. 2025 Fee Schedule
$1,250.00 Fee + $2,500 Escrow
o. Such other information as the City may require to ensure compliance with other applicable
ordinances. City to confirm, if any.
p. An electronic copy of all documents. Included with application.
30563847v1
Schedule 1
Parcel Search Application & Results
[attached]
_____________, 2025
VIAEMAIL
City of Lake Elmo
Attn: Senior City Planner
3880 LaverneAve N
Lake Elmo, MN 55042
Email: SJensen@lakeelmo.gov
RE:Continued Agricultural Use of Certain Real Property (Portions of Current PID #10-
029.21.12.0002, #10-029.21.13.0002, #10-029.21.42.0001)
To Whom It May Concern:
I write this correspondence as Trustee of the Janet M. Berschens Trust under Trust Agreement
dated January 22, 2010, and am joined by Jean Berschens, as Trustee of the John A. Berschens
Trust under Trust Agreement dated January 22, 2010 (collectively, the “Trusts”), each a fee title
owner of a one-half (1/2) interest in that certain real property located in the Cityof Lake Elmo (the
“City”) legally described in that certain Quit Claim Deed dated January 22, 2010, and recorded
October 31, 2014 as Document No. 4005778 in the Office of the County Recorder for Washington
County, Minnesota (collectively, the “Property”). The Property is commonly referred to by parcel
identification numbers 10-029.21.12.0002 (the “North Parcel”), 10-029.21.13.0002 (the “Center
Parcel”), and 10-029.21.42.0001 (the “South Parcel”).
As you are aware, the Trusts plan to submit an application for a minor subdivision of the Property,
together with an adjacent parcel referred to by parcel identification number 10-029.21.31.0001
(collectively, the “Subdivision”), for estate planning purposes. The proposed layout for the
Subdivision is attached hereto as Exhibit A. Based on preliminary conversations with the City
regarding this layout, certain portions of the Property will require a use restriction in order to
comply with City zoning requirements related to the maximum number of accessory buildings.As
such, the two (2) lots outlined in blue in Exhibit A must be used consistently to be considered “a
single lot” for purposes of compliance with these requirements.
As requested by the City, this letter constitutes confirmation on behalf of the Trusts that the two
(2) lots outlined in blue in Exhibit A will continue to be used for agricultural purposes post-
Subdivision, and that any conveyance of these lots will acknowledge an appropriate deed
restriction for the same. I hereby acknowledge on behalf of the Trusts, and any successors or
assigns thereof, including the undersigned intended beneficiary of these lots, that, in the event
these lots are no longer used for agricultural purposes at some point in the future, the City may
require the subdivided portion of the South Parcel to come into compliance with applicable zoning
requirements related to the maximum number of accessory buildings for a ten (10) acre parcel.
January 30
Sincerely,
Janet M. Berschens Trust under TrustAgreement dated January 22, 2010,
and any amendments thereto
________________________________
By: Janet Berschens
Its: Trustee
JOINED BY:
JohnA. Berschens Trust under TrustAgreement dated January 22, 2010,
and any amendments thereto
________________________________
By: Jean Berschens
Its: Trustee
ACKNOWLEDGED BY:
________________________________
Mary Jo Davis
30540393v3
EXHIBITA
Proposed Lot Layout – Berschens Minor Subdivision
[attached]
49
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Washington County, MN
VICINITY MAP
Sec. 10, Twp. 29, Rng. 21
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Lot 1 Lot 2
Block
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45th St. N
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Washington County, MN
VICINITY MAP
Sec. 10, Twp. 29, Rng. 21
10
45th St. N
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VICINITY MAP
Sec. 10, Twp. 29, Rng. 21
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From:Marty Powers
To:Sophia Jensen; Adam Swanepoel
Cc:Ashley Monterusso
Subject:RE: City of Lake Elmo Land Use Review - April 2nd Batch
Date:Monday, April 21, 2025 3:14:48 PM
Attachments:image003.png
image004.png
image005.png
Hello Sophia,
The City’s standard trail corridor is 30 feet centered over a trail. With a standard eight-foot
asphalt trail that leaves 11 feet on each side of the trail for the city to complete maintenance
and reconstruction. Public Works is asking for the property line to be moved eleven feet on the
west side of the trail to accommodate future needs. If there is a reason this cannot be
accommodated, please let us know.
Respectfully
Marty Powers
Public Works Director
3880 Laverne Ave N | Lake Elmo, MN |55042
mpowers@lakeelmo.gov
P: (651) 747-3941 | www.lakeelmo.gov
45th St. N
Δ
49
49
367B
367B
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454D
454F
454B
452
W
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49C
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155C
Lot 1
Lot 2
Block 1
Lot 1 Lot 2
Block
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Washington County, MN
VICINITY MAP
Sec. 10, Twp. 29, Rng. 21
10
From:John P. Hanson
To:Sophia Jensen
Subject:RE: City of Lake Elmo Land Use Review - April 2nd Batch
Date:Tuesday, April 22, 2025 2:34:28 PM
Attachments:image001.png
Caution: This email originated outside our organization; please use caution.
Hi Sophia,
All subdivisions, plats, developments, and lot-line modifications require a Valley Branch
Watershed District. As such, the proposed Berschens Shores 3rd Addition requires a VBWD
permit. Please inform the project proponents of the requirement.
Thanks!
John
John P. Hanson, PE
Valley Branch Watershed District Engineer
Barr Engineering Co.
4300 MarketPointe Drive
Bloomington, MN 55435
952.832.2622
JHanson@barr.com | www.barr.com | www.vbwd.org
LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL
Fire Prevention, Code Enforcement, and Public Education
April 23, 2025
Sophia Jensen, Planner
City of Lake Elmo
Re: MINOR SUBDIVISION AND ZONING MAP AMEMDMENT – BERSCHENS SHORES 3RD ADDITION
Prepared by: Anthony Svoboda, Fire Marshal
Approved by: Dustin Kalis, Fire Chief
Applicable Codes:
• 2020 Minnesota State Fire Code
• 2020 Minnesota State Building Code
• Lake Elmo Fire Department Fire Code Policies
• NFPA 13, 2016 edition
• NFPA 13D, 2016 edition
Fire Department Comments:
1) All roads and drive lanes shall meet the Lake Elmo Fire Department requirements for widths and turning
radiuses.
2) Project construction phasing shall always accommodate emergency access to the entire construction zone,
generally meaning two separate means of entrance/exit as defined in the code. Phasing plan to be approved by
the fire department prior to construction.
3) Fire hydrants and watermains shall be provided in approved locations following review by Engineering and
Public Works.
4) Building address numbers shall be plainly visible from the street fronting the property and shall be contrasting
color from the background. The size and placement of address numbers shall be approved by the fire and
planning departments.
5) All gates, whether manual or electric, shall be accompanied by either a KNOX lock or KNOX gate control switch
for rapid access.
Questions, clarifications, or the request to provide code documents can be made using the contact information listed
below.
Respectfully,
MEMORANDUM
Date: April 23, 2025
To: Sophia Jensen, Senior City Planner Re: Berschens Shores 3rd Addition
Jason Stopa, Community Development Director
Marty Powers, Public Works Director
Nate Stanley, City Engineer
Chad Isakson, Assistant City Engineer
From: Jack Griffin, Sr. Project Manager
An engineering review has been completed for the Berschen Shores 3 Addition Minor Subdivision received
on April 16, 2025. This review consisted of the following documentation:
· Preliminary Plat of Berschens Shores 3rd Addition dated April 10, 2025.
1. The Plat shows right-of-way dedication along 45th Street, measuring a minimum 80-feet in width,
as required.
2. The Plat shows 10-ft drainage and utility easements adjacent to all public right-of-way lines as
required.
3. Doc. No. 3490402 represents a permanent drainage, utility, roadway and conservation easement.
This easement must be vacated to specifically remove the conservation easement over all portions
of the public right-of-way. The drainage, utility and roadway easement should also be vacated and
replaced by the dedication of public right-of-way as part of the Final Plat.
4. Consideration should be given to require the dedication of additional right-of-way along the 45th
Street entrance to the Tapestry neighborhood. The current roadway is located within a substandard
50-foot-wide roadway easement. The minimum City right-of-way for residential streets is 60 feet.
In addition, the adjacent trail should be located within the new public right-of-way.
Kennedy
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis MN 55402-1299
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
SAMANTHA C. ZUEHLKE
Attorney at Law
Direct Dial: (612) 337-9205
Email: szuehlke@kennedy-graven.com
April 29, 2025
VIA E-MAIL ONLY
Ms. Sophia Jensen
Senior Planner
City of Lake Elmo
3880 Laverne Ave. N.
Lake Elmo, MN 55042
RE: Preliminary Plat Opinion for Minor Subdivision – Berschens Shores 3rd Addition
Our File No. LA515-156
Dear Sophia:
I have reviewed a title commitment from Land Title, Inc., as issuing agent for First American Title
Insurance Company, with an effective date of July 25, 2024 (the “Commitment”). I have also
reviewed a preliminary plat dated January 29, 2025, prepared by Bogart Pederson & Associates,
Inc., which is titled BERSCHENS SHORED 3RD ADDITION (the “Preliminary Plat”). This
minor subdivision letter is in response to an application to the City of Lake Elmo dated March 19,
2025.
The Commitment purports to cover the following legal description:
Parcel A:
The West one-half of the Northeast Quarter (W ½ of NE ¼) of Section Ten (10), Township
Twenty-nine (29), Range Twenty-one (21), Washington County, Minnesota, excepting therefrom
the following described parcel:
All that part of the west half of the Northeast Quarter, and all that part of Government Lot 3, lying
easterly of the easterly line of the recorded plat of Dawcin Acres, as the same is surveyed and
monumented, all located in Section 10, Township 29 North, Range 21 West, Washington County,
Minnesota, described as follows, to wit: Beginning at the southwesterly corner of said West Half
of the Northeast Quarter; thence North 88 degrees 50 minutes 37 seconds East, assumed bearing,
along the southerly line thereof, 816.17 feet; thence easterly, northeasterly and northerly 783.76
feet along a tangential curve, concave to the northwest, having a radius of 498.22 feet and a central
angle of 90 degrees 08 minutes 00 seconds; thence North 01 degree 17 minutes 23 seconds West,
along tangent, 44.09 feet, more or less, to the northerly line of the South 543.47 feet of said West
&
Ms. Sophia Jensen
April 29, 2025
Page 2
Half of the Northeast Quarter; thence South 88 degrees 50 minutes 37 seconds West, along said
northerly line, and along the northerly line of the South 543.47 feet of said Government Lot 3, a
distance of 1427.30 feet, more or less, to said easterly line of the recorded plat of Dawcin Acres,
as the same is surveyed and monumented; thence South 01 degree 40 minutes 19 seconds East,
along said easterly line, 543.49 feet, more or less, to the southerly line of said Government Lot 3;
thence North 88 degrees 50 minutes 37 seconds East, along said southerly line 108.12 feet, more
or less, to the point of beginning.
Parcel B:
All that part of the west half of the Northeast Quarter, and all that part of Government Lot 3, lying
easterly of the easterly line of the recorded plat of Dawcin Acres, as the same is surveyed and
monumented, all located in Section 10, Township 29 North, Range 21 West, Washington County,
Minnesota, described as follows, to wit: Beginning at the southwesterly corner of said West Half
of the Northeast Quarter; thence North 88 degrees 50 minutes 37 seconds East, assumed bearing,
along the southerly line thereof, 816.17 feet; thence easterly, northeasterly and northerly 783.76
feet along a tangential curve, concave to the northwest, having a radius of 498.22 feet and a central
angle of 90 degrees 08 minutes 00 seconds; thence North 01 degree 17 minutes 23 seconds West,
along tangent, 44.09 feet, more or less, to the northerly line of the South 543.47 feet of said West
Half of the Northeast Quarter; thence South 88 degrees 50 minutes 37 seconds West, along said
northerly line, and along the northerly line of the South 543.47 feet of said Government Lot 3, a
distance of 1427.30 feet, more or less, to said easterly line of the recorded plat of Dawcin Acres,
as the same is surveyed and monumented; thence South 01 degree 40 minutes 19 seconds East,
along said easterly line, 543.49 feet, more or less, to the southerly line of said Government Lot 3;
thence North 88 degrees 50 minutes 37 seconds East, along said southerly line 108.12 feet, more
or less, to the point of beginning.
Parcel C:
The Northwest Quarter of the Southeast Quarter (NW ¼ of SE ¼) of Section Ten (10), Township
Twenty-nine (29), Range Twenty-one (21), Washington County, Minnesota.
Parcel D:
All that part of Government Lot Four (4), Section Ten (10), Township Twenty-nine (29), Range
Twenty-one (21), Washington County, Minnesota, excepting therefrom the following: 1) The part
thereof platted as Berschens Shores; 2) The part thereof platted as Berschens Shores 2nd Addition;
3) The part thereof platted as Dawcin Acres; 4) All that part of the Vacated Township Road as the
same is dedicated on the Southeasterly line of the Plat of Berschens Shores; 5) The part thereof
lying northerly of 45th Street North (f/k/a Lake Jane Trail) as presently travelled and westerly of
Jane Road North as presently travelled. 6) That part of Government Lot 4, Section 10, Township
29 North, Range 21 West, Washington County, Minnesota, described as follows: Commencing at
the Northeast corner of said Government Lot 4; thence South 01°21’07” East, bearing oriented to
the Washington County Coordinate System, South Zone, along the East line of said Government
Lot 4 a distance 10.15 feet to the center line of Lake Jane Trail as presently travelled and the point
of beginning; thence Southwesterly along said center line and a curve, concave to the South, having
Ms. Sophia Jensen
April 29, 2025
Page 3
a radius of 1,145.92 feet and a central angle of 18°45’59” a distance of 375.33 feet, the chord of
said curve bears South 71°49’50” West; thence South 12°55’50” East 262.41 feet; thence South
01°21’07” East 399.16 feet; thence North 88°38’53” East 305.00 feet to the East line of said
Government Lot 4; thence North 01°21’07” West along said East line 764.33 feet to the point of
beginning; and
7) All that part of Government Lot 4, Section 10, Township 29 North, Range 21 West, Washington
County, Minnesota described as follows: Commencing at the Northeast corner of said Government
Lot 4; thence South 01°21’07” East, bearing oriented to the Washington County Coordinate
System, South Zone, along the East line of said Government Lot 4 a distance of 10.15 feet to the
center line of Lake Jane Trail, as presently traveled; thence Southwesterly along said center line
and a curve, concave to the south, having a radius of 1145.92 feet and a central angle of 18°45’59”
a distance of 375.33 feet to the point of beginning, the chord of said curves bears South 71°49’50”
West; thence continue southwesterly along said center line and said curve, concave to the
southeast, having a radius of 1145.92 feet and a central angle of 01°42’22” a distance of 27.57
feet; thence South 61°04’09” West along tangent and along said center line 168.40 feet to the
northeast corner of Berschens Shores 2nd Addition, according to the recorded plat thereof; thence
South 16°44’50” East along the east line of said Berschens Shores 2nd Addition 234.30 feet;
thence North 65°35’10” East 176.40 feet; thence North 12°55’50” West 252.36 feet to the point
of beginning.
Abstract Property
(the “Property”).
Based on my review of the Commitment and the Preliminary Plat, I have the following comments
regarding the minor subdivision application:
1. Ownership Interests. According to the Commitment, the owners of the Property are: John
A. Berschens or successor, as Trustee of the John A. Berschens Trust under Trust Agreement
dated January 22, 2010 (an undivided 1/2 interest), and Janet M. Berschens or successor, as
Trustee of the Janet M. Berschens Trust under Trust Agreement dated January 22, 2010 (an
undivided 1/2 interest).
a. The Final Plat must be executed with all the formalities of a deed of title. We have not yet
received from the Applicants a Certificate of Trust for either the Janet M. Berschens Trust
under Trust Agreement dated January 22, 2010, or the John A. Berschens Trust under
Trust Agreement dated January 22, 2010. The Application is made by Jean Berschens and
Janet Berschens, as trustees. Certain Certificate of Trust and Affidavit of Trustee
documents filed in 2014 in Washington County Property Records indicate that Janet M.
Berschens is the authorized trustee of the Janet M. Berschens Trust and that Jean
Berschens is the authorized trustee of the John A. Berschens Trust. We require any
updated Certificate of Trusts for each above-named trust, if available, in order to
determine if the Applicants are authorized to act under the respective trusts, and who must
sign to complete the minor subdivision and sign a Final Plat on behalf of each trust. Jean
Berschens, as Trustee for the fee owner John A. Berschens Trust under Trust Agreement
Ms. Sophia Jensen
April 29, 2025
Page 4
dated January 22, 2010 has not signed the zoning amendment application, the affirmation
of sufficient interest, or the Application for Subdivision.
b. The Commitment indicates 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 Final Plat.
2. Application for Subdivision.
The Application for Subdivision was submitted for Council action on March 19, 2025, and
identifies the intent to split and combine certain parcels within the City of Lake Elmo for the
purposes of estate planning.
The Preliminary Plat purports to combine the currently horizontally-divided Parcels A and B,
and then plat them into two vertical lots, Lot 1 and 2, of Block 2. The proposed Lot 1, Block
2, would be approximately 43 acres. The proposed Lot 2, Block 2, would be approximately
33 acres. Following the split and platting, only the resulting Lot 2, Block 2, will have access
to 51st St. N. along the Northern perimeter of the Lot if no access easements are granted or
declared by the applicants.
The Preliminary Plat purports to combine Parcels C and D, and then plat them as Lots 1 and
2, of Block 1. The proposed Lot 1, Block 1, would be approximately 10 acres. The proposed
Lot 2, Block 1, would be approximately 46 acres.
a. The Application for Subdivision correlates with the Preliminary Plat.
b. Jean Berschens has not signed the zoning amendment application, the affirmation of
sufficient interest, or the Application for Subdivision, on behalf of the fee owner John A.
Berschens Trust under Trust Agreement dated January 22, 2010.
The Application for Subdivision includes a Zoning Map Amendment Application, which
requests to rezone Parcel B from “Public Facilities” to “Rural Residential”. According to the
City zoning map, Parcel B is zoned Public Facilities and the remainder of the Property is
zoned Rural Residential. Public Facilities are addressed in Open Space Planned Unit
Developments of the City Code (Article XVII). City Code states Rural Residents Districts
are:
[E]stablished for lands that have existing small-scale agricultural activity, as
well as single-family residential dwellings. Future residential development
may occur at a density of one dwelling unit per ten acres, or through the open-
space preservation development process. These sites are expected to be served
by on-site wastewater treatment facilities. Some limited agriculture-related
businesses, such as wayside stands, are appropriate as interim uses for this
district.
Ms. Sophia Jensen
April 29, 2025
Page 5
Per the Application for Subdivision, Parcel B would be combined with the Parcel A, which is
zoned Rural Residential.
c. The applicants must provide updated title work to the City Attorney for review and
opinion.
d. The applicants must provide a final plat to the City Attorney for review and opinion.
3. Taxes and Special Assessments. All real estate taxes payable in the year the Plat is
recorded (including delinquent taxes and any deferred Green Acres taxes) must be paid
prior to recording the Plat. All special assessments must be paid prior to recording the Plat.
Any special assessments against any part of the Property can be reapportioned among the
new lots as provided in Minnesota Statutes Section 429.071(3).
a. PID: 10.029.21.42.0001 (Parcel C) (Agricultural/Homestead)
Real Estate taxes payable in 2025 in the total amount of $4,552.00 are unpaid.
There are no delinquent taxes of record.
b. PID: 10.029.21.31.0001 (Parcel D) (Agricultural/Homestead)
Real Estate taxes payable in 2025 in the total amount of $200.00 are unpaid.
There are no delinquent taxes of record.
c. PID: 10.029.21.13.0002 (Parcel B) (Agricultural/Homestead)
Real Estate taxes payable in 2025 in the total amount of $554.00 are unpaid.
There are no delinquent taxes of record.
d. PID: 10.029.21.12.0002 (Parcel A) (Agricultural/Homestead)
Real Estate taxes payable in 2025 in the total amount of $2,290.00 are unpaid.
There are no delinquent taxes of record.
Each parcel appears to be enrolled in Green Acres and is subject to deferred assessments.
4. Title Commitment Exceptions. Based on the information in the Commitment, the Property
is subject to the following exceptions:
a. Rights of Northern States Power Company for electric transmission system purposes as
contained in Final Decree filed November 1, 1971 as Document Number 293736. The
easement is depicted on the Preliminary Plat and appears to run along the East perimeter
of Parcel D and traverse wetlands depicted on the Preliminary Plat. The private easement
is not required to be depicted on the Final Plat. When a Final Plat is provided, the City
should review and determine if the easement interferes with any public utilities dedicated
on the Final Plat. I require review of the Final Plat.
Ms. Sophia Jensen
April 29, 2025
Page 6
b. Easement for utility purposes in favor of Northwestern Bell Telephone Company filed
September 25, 1973 as Document Number 315811; as affected by Partial Release of
Easement filed January 28, 1977 as Document Number 354273; as affected by Definition
of Easement filed February 4, 1997 as Document Number 920420. The easement is
depicted on the Preliminary Plat and appears to run along 45th St. N., along Parcel C of the
Property. The private easement is not required to be depicted on the Final Plat. When a
Final Plat is provided, the City should review and determine if the easement interferes with
any public utilities dedicated on the Final Plat. I require review of the Final Plat.
c. Road easement in favor of the City of Lake Elmo, a Minnesota municipal corporation, filed
February 21, 1985 as Document Number 479692. The public easement is depicted on
pages 2 and 3 of the Preliminary Plat along 45th St. N. and Julep Ave. N. The public
easement will need to be depicted on the Final Plat. I require review of the Final Plat.
d. Grant of Permanent Drainage, Utility, Roadway and Conservation Easement in favor of
the City of Lake Elmo, a Minnesota municipal corporation, filed January 4, 2005 as
Document Number 3490401. The public easement is depicted on page 2 of the Preliminary
Plat along 45th St. N. The public easement will need to be depicted on the Final Plat, unless
otherwise vacated by the City. I require review of the Final Plat.
e. Grant of Permanent Drainage, Utility, Roadway and Conservation Easement in favor of
the City of Lake Elmo, a Minnesota municipal corporation, filed January 4, 2005 as
Document Number 3490402. The public easement is depicted on page 3 of the Preliminary
Plat along 45th St. N. The public easement will need to be depicted on the Final Plat, unless
otherwise vacated by the City. I require review of the Final Plat.
f. Grant of Permanent Landscaping Easement in favor of the Charlotte’s Grove Community
Association, a Minnesota non-profit corporation, filed January 4, 2005 as Document
Number 3490404; as affected by Corrective Grant of Permanent Landscaping Easement
correcting grantee to Tapestry Community Association, a Minnesota non-profit
corporation, filed July 1, 2005 as Document Number 3523596. The easement is depicted
along the North perimeter of Parcel C of the Property. The private easement, which
includes the rights on ingress and egress, is not required to be depicted on the Final Plat.
When a Final Plat is provided, the City should review and determine if the easement
interferes with any public utilities dedicated on the Final Plat. I require review of the Final
Plat.
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 the
issuance of a title policy in the amount of $100,000 in favor of the City of Lake Elmo, insuring the
City’s interests as they appear on the plat.
Ms. Sophia Jensen
April 29, 2025
Page 7
Please contact me if you have any questions regarding this information.
Very truly yours,
KENNEDY & GRAVEN, CHARTERED
Samantha C. Zuehlke
SCZ