HomeMy WebLinkAbout06-21-1995 4
•
MOUNDS VIEW PLANNING COMMISSION
JUNE 21, 1995
7:00 P.M.
AGENDA SESSION
1. Review Minutes: June 7, 1995 (Enclosed)
2. Discussion of Variance Request of Bioclean Mobile Wash, 2151 Mustang
Drive, Planning Case No. 414-95
3. Discussion of Conditional Use Permit Request of Glen Harstad, 2320 Highway
10, Planning Case No. 415-95
4. Discussion of Development Review Request of Bel Air Builders, Coral Sea
• Street, Planning Case No. 419-95
5. Discussion of Minor Subdivision Request of Susan Powell, 7474 Knollwood
Drive, Planning Case No. 420-95
APPLICANTS: YOUR A1.1ENDANCE AT THIS MEETING IS
REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055
IF YOU ARE UNABLE TO A1'1'bND. THANK YOU.
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PROCEEDINGS OF THE PLANNING COMMISSION
. CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
June 7, 1995
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
The Mounds View Planning Commission was 1. Call To Order
called to order by Chair Peterson at
7 : 02 p.m. on June 7, 1995.
MEMBERS PRESENT: Commissioners Ruggles, 2 . Roll Call
Johnston, Miller, Nelson and Chair
Peterson.
(Commissioner Colleen had an excused absence. )
ALSO PRESENT: Community Development
Coordinator Harrington and Councilmember
Trude.
• Motion/Second: Nelson/Ruggles to 3 . Approval of
approve the minutes of May 17, 1995. Minutes: May
17, 1995.
5 ayes 0 nays Motion Carried
There were no resident requests or 4 . Resident
comments from the floor. Requests and
Comments
Planner Harrington reviewed the request 5. Consideration
by U.S. West Communications for a of Resolution
Conditional Use Permit to allow the No. 418
construction of a 6' by 8' field Regarding
operation building. City Code states Conditional Use
that any structure utilized for public Permit Request
utlilities requires a conditonal use of U.S. West
pemrit. Staff review indicates that the Communications,
request meets all applicable Code 2205 Woodale
requirements. Drive, Planning
Case No. 417-95
Motion/Second: Nelson/Johnston to
approve Resolution No. 418-95
recommending approval the conditional
• use permit request of U.S. West
Communications, 2205 Woodale Drive,
Planning Case No. 417-95 .
ounds View Planning Commission June 7, 1995
egular Meeting Page 2
5 ayes 0 nays Motion Carried
Planner Harrington reviewed the 6. Consideration
development review request by Mounds of Resolution
View School Dist. #621/Pinewood No. 419-95
Elementary School. The applicant is Regarding
proposing to construct a 5, 600 square Development
foot addition to their facility at 5500 Review Request
Quincy Street to be utilized for of Pinewood
additional classroom and meeting space. Elementary
Staff review indicates that the request School, 5500
meets all applicable Code requirements. Quincy Street,
Planning Case
Motion/Second: Ruggles/Nelson to No. 418-95
approve Resolution No. 419-95
recommending approval of the development
review request of School Dist. #621 for
Pinewood Elementary School.
5 ayes 0 nays Motion Carried
•
Planner Harrington informed the Planning 7 . Staff Report
Commission that the City Council had
accepted their recommendation regarding
car lot regulations. City Council is
scheduled to take action on this issue
in June.
(Commissioner Stevenson joined the meeting at
7:18 p.m. )
Chair Peterson had no report. 8. Chair Report
There being no further business before 9. Adjournment
the Commission, Chair Peterson adjourned
the meeting at 7 : 26 p.m.
Respectfully Submitted,
• Paul Harrington
Community Development Coordinator
MOUNDS VIEW PLANNING COMMISSION
JULY 5, 1995
7:00 P.M.
AGENDA
1. Call to Order
2. Roll Call
3. Review and Approval of Minutes: June 7, 1995 (received in previous packet)
4. Citizens Requests and Comments from the Floor:
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME
AND ADDRESS FOR THE MINUTES
5. Consideration of Resolution No. 420-95 Regarding Variance Request, 2151
Mustang Drive, Planning Case No. 414-95
6. Consideration of Resolution No. 421-95 Regarding Minor Subdivision Request,
7474 Knoliwood Drive, Planning Case No. 420-95
• 7. Consideration of Resolution No. 422-95 Regarding Conditional Use Permit
Request, 2320 Highway 10, Planning Case No. 415-95
8. Staff Report
9. Chairman's Report
10. Adjournment
AGENDA SESSION
(Immediately Following Regular Meeting)
1. Continued Discussion of Development Request of Bel Air Builders, Coral Sea
Street, Planning Case No. 419-95
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APPLICANTS: YOUR ATTENDANCE AT THIS MEETING IS
REQUESTED. PLEASE NOTIFY CITY HALL AT 784-3055
IF YOU ARE UNABLE TO AI hND. THANK YOU.
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I
MEMORANDUM
TO: PLANNING COMMISSION
FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR
DATE: July 3 , 1995
SUBJECT: VARIANCE - BIOCLEAN MOBILE WASH
2151 MUSTANG DRIVE, PLANNING CASE NO. 414-95
As directed by the Planning Commission at their June 7, 1995
meeting, Staff has prepared the attached resolution for
consideration.
If you have any questions, please do not hesitate to give me a
call.
S
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 420-95
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING SETBACK VARIANCE REQUEST BY
BIOCLEAN MOBILE WASH, 2151 MUSTANG DRIVE
PLANNING CASE NO. 414-95
WHEREAS, the Mounds View Planning Commission has
reviewed the request of Bioclean Mobile Wash for a variance to
allow the construction of an addition to their existing facility
at a thirty foot (30 ' ) rear yard setback where a forty foot (40 ' )
setback is required by Municipal Code; and
WHEREAS, the Planning Commission has reviewed the
criteria used to evaluate all variance requests; and
WHEREAS, the applicant has presented a hardship
statement to the Planning Commission; and
WHEREAS, the property was granted a variance in 1981
for a thirty foot (30 ' ) rear yard setback; and
411
WHEREAS, as in 1981, the Planning Commission has
determined that the applicant cannot reasonably construct an
addition to the existing facility at the required forty foot
(40 ' ) setback given the existing lot dimensions.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View
Planning Commission approves the variance request of Bioclean
Mobile Wash for ten foot (10 ' ) variance into the rear yard
setback.
Adopted this 5th day of July, 1995.
ATTEST:
Chairman
(SEAL)
Community Development Coordinator
MEMORANDUM
TO: PLANNING COMMISSION
FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR
DATE: July 3 , 1995
SUBJECT: MINOR SUBDIVISION - SUE POWELL
7474 KNOLLWOOD DRIVE, PLANNING CASE NO. 420-95
As directed by the Planning Commission at their June 7, 1995
meeting, Staff has prepared the attached resolution for
consideration. Please note, the Certificate of Survey which Staff
was awaiting from the applicant' s surveyor has now been received.
If you have any questions, please do not hesitate to give me a
call.
•
411 MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 421-95
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF THE MINOR SUBDIVISION
REQUEST OF SUE POWELL, 7474/7490 KNOLLWOOD DRIVE,
PLANNING CASE NO. 420-95
WHEREAS, the Mounds View Planning Commission has
reviewed the proposed minor subdivision request by Sue Powell for
the property located at 7474/7490 Knollwood Drive, legally known
as: Lots 101 and 102 , Spring Lake Park Knolls Addition, Ramsey
County Minnesota; and
WHEREAS, the applicant has provided a Registered Land
Survey showing the proposed subdivision; and
WHEREAS, each of the proposed lots meet minimum lot
standards as set forth in Titles 1000 and 1200 of the Mounds View
Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View
0 Planning Commission recommends approval of the minor subdivision
request by Sue Powell, 7474/7490 Knollwood Drive, contingent upon
the following:
1. The applicant pay the park dedication fee of $100. 00.
2 . This resolution and Registered land Survey be recorded
with Ramsey County within sixty (60) days of final
adoption.
BE IT FINALLY RESOLVED that the Planning Commission
directs Staff to forward this resolution to the City Council
prior to approval of the minutes.
Adopted this 5th day of July, 1995.
ATTEST:
Chairman
(SEAL)
Community Development Coordinator
•
SMEMORANDUM
TO: PLANNING COMMISSION
FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR
DATE: July 3 , 1995
SUBJECT: CONDITIONAL USE PERMIT - GLEN HARSTAD
2320 HIGHWAY 10, PLANNING CASE NO. 415-95
As directed by the Planning Commission at their June 7, 1995
meeting, Staff mailed the attached Notice of Informational Meeting
to property owners within 350 feet of the subject property.
Also, Staff prepared the attached resolution for consideration by
the Commission. Please note that the resolution is formatted to
allow the Commission some latitude in exact verbiage.
If you have any questions, please do not hesitate to give me a
call.
4
CITY OF MOUNDS VIEW
• COUNTY OF RAMSEY
STATE OF MINNESOTA
NOTICE OF INFORMATIONAL MEETING
NOTICE IS HEREBY GIVEN that an informational meeting
will be held by the Planning Commission on Wednesday, July 5,
1995, at 7:00 p.m. at Mounds View City Hall, 2401 Highway 10,
Mounds View, Minnesota, 55112, to discuss the request of Glen
Harstad for an amendment to a previously approved conditional use
permit for the Suds & Shine Car Wash, 2340 Highway 10.
Anyone desiring to be heard with reference to this matter
may be heard at this meeting.
If you have any questions regarding this meeting, please
contact Paul Harrington, City Planner, at 784-3055.
• Paul Harrington
Community Development Coordinator
(Note: This notice is mailed to property owners within 350 feet of
subject property.)
•
110 RESOLUTION NO. 422-95
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RECOMMENDATION TO THE CITY COUNCIL APPROVING THE
CONDITIONAL USE PERMIT AMENDMENT REQUEST BY SUDS AND SHINE
CAR WASH, 2320 HIGHWAY 10, PLANNING CASE NO. 415-95
WHEREAS, Glen Harstad, representing Suds and Shine Car
Wash, has requested an amendment to a previously approved
Conditional Use Permit; and
WHEREAS, the City of Mounds View issued a Conditional
Use Permit for the Suds and Shine Car Wash via City Council
Resolution No. 1919 in 1985 ; and
WHEREAS, the approved Conditional Use Permit contained
certain requirements for the operation of the facility; and
WHEREAS, the applicant has requested amendments to
those provisions outlined in the approved Conditional Use Permit;
and
WHEREAS, the Mounds View Planning Commission has
411 reviewed the request and held a public informational meeting on
the proposal.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View
Planning Commission recommends approval of the Conditional Use
Permit amendment as follows:
1.
2 .
3 .
BE IT FINALLY RESOLVED that the Planning Commission
directs staff to forward this resolution to the City Council
prior to approval of the minutes.
Adopted this 5th day of July, 1995.
ATTEST:
Chairman
(SEAL)
411 Community Development Coordinator
MEMORANDUM
TO: PLANNING COMMISSION
FROM: PAUL HARRINGTON, COMMUNITY DEVELOPMENT COORDINATOR
DATE: July 3 , 1995
SUBJECT: DEVELOPMENT REVIEW - BEL AIR BUILDERS
CORAL SEA STREET, PLANNING CASE NO. 419-95
Following discussion at the June 21, 1995 Planning Commission
meeting, Staff was asked to contact City Consulting Engineer Rocky
Keehn to solicit his input on a purchase agreement entered into by
the City and Doug Watson which, in part, included the property
included in the proposed Bel Air development. In particular, the
Commission wanted to know whether or not the wording of the
agreement was in conflict with City, State and Federal wetland
regulations.
Attached you will find a memorandum from Rocky Keehn which details
the relationship between the two documents. Also, Rocky has
41, provided his professional opinion on what development the subject
property may be able to support. I have also (as requested)
attached a copy of the original purchase agreement.
411
07-03-1995 10:24 784 3114 MOUNDSVIEW - PUBLIC WORKS P.02
07.'03095 11:18 FAX SER ST. PAUL ra 002.'002
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Awsre�= MEMORANDUM
TT PAUL.MN 0 MINNEAPOLIS MN Q ST.CLOUCt MN u CHIPPEWA PALLS wt C MACISON.t:i
TO: Paul Harrington,City of Mounds View
FROM: Rocky J. Keehn,Water Resources Engineer
DATE: July 3, 1995
RE: Mounds View,Minnesota
Review of Item 13.5 in the Purchase Agreement Between the City of Mounds
View and Watson Investment
SEH No.A-MOUND9402.00
We have completed a preliminary review of the above mentioned item in the purchase agreement.
The agreement states that"the future detention pond to be constructed on the northern portion of
Oudot A will be constructed at Seller's sole cost and expense and will be constructed according to
Buyer's specifications". There are two types of ponds that may be required as part of the
development projects in the City. The first is a retention pond or basin for water quality
improvements and the second a detention pond for rate control.
Since the agreement was signed after the Local Water Management Plan(LWMP) was approved,
definitions in the LWMP describe what is a detention pond and what is a retention pond (unless
stated otherwise in the purchase agreement). In the LWMP,a detention pond is defined as: "Any
area that temporarily detains storm water runoff for the purpose of storm water management. The
area does not have a normal surface water elevation, that is it is dry during periods of low
precipitation." A retention basin is defined as:"Any area that retains all runoff to that area, that is,
art area without an outlet. A retention area is referred to as a landlocked area." Detention and
retention ponds can also be used in combination to provide both water quantity and quality
benefits.
Based on the language in the purchase agreement, the City may allow Outlot A to be used for a
detention pond for the developments,but not as a retention pond. Retention ponding, therefore,
is the responsibility of the developer. The developer can provide on-site retention ponding or work
with the City and permitting authorities to provide retention ponding in Oudot A.
Kelly Bettendorf reviewed Item 13.5 to determine permit requirements if the City constructs a
detention pond in Oudot A. Her review(a memorandum to Rocky Keehn) is attached. It appears
that any work done in Outlot A would require permitting
• We also estimated the amount of on-site retention ponding required for Lots 1, 2 and 3. The
analyses was done using a Lotus spreadsheet called PONDSIZE developed for the Vadnais Lake
,06-30-1995 10:23 784 3114 MOUNOSVIEW — PUBLIC WORKS P.03
03.'30:05 11:0a FAX
ST. PAUL R1003:005
•
•
Mr.Paul Harrington
June 30, 1995
Page 2
Watershed Management Organization by William W.Walker. as methods meet requirements of
the Metropolitan Council and the City's LWMP. Table 1 summarizes the results.
Table 1
Estimated Retention Pond Sizes for Each Lot
Storage Volume Approximate Area Total Lot
Required Required Area
I= ac Ft.) (Acresl ihigLe l
1 0.55 .21 3.94
2 0.34 .13 2.59
3 0.39 .15 2.85
In order to evaluate the feasibility of the City providing detention storage in Outlot A,a computer
. model was ran to determine existing and proposed flow rates. The allowable storage in Outlot A
was estimated based on the City's contour maps. Additional storage was assumed to exist in Lots
1, 2 and 3 based on the proposed plat for the Bridges Technology Center and contour map. The
results of the analysis area summarized in Tables 2 and 3.
Table 2
Storage Area Assumptions
Elevation Area Storage Volume
(Feed !Acres) (Ac-Ft.1
902 1.12 0.0
904 2.78 3.9
906 3.84 10.5
Table 3
Flow Rate Determinations
Qin Qout 100-Year Elevation
Condition 1 feet1 Isisl.
Existing 10 —No ponding—
Future 81 10 903.2
SNote: Outlet assumed to be a 3 foot weir structure,storm distribution was an SCS Type 1I,
with AMC condition 2.
06-30-1995 10:24 784 3114 MOIJNDSVIEW - PUBLIC WORKS P.04
04.'30:05, 11:08 FAX SEI ST. PAUL 0004+003
•
Mr. Paul Harrington
June 30, 1995
Page 3
Based on the hydrologic model and the contour maps, it appears that the City can provide the
required detention storage for Lots 1, 2 and 3. A site visit should be done by SEH to verify the
ponding available.
Future Actions Required
1. $EH site visit to the proposed pond.
2. Meeting with the developer to determine who will do what.
3. Meeting with permitting authorities (on-site) to determine permit or mitigation
requirements.
4. Prepare preliminary construction plans for Oudot A.
5. Apply for necessary permits.
. 6. Construction of the project.
Please call be at 490.2026 if you have any questions.
do
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06-30-199S 10:24 784 3114 rIOUNDSVIEW - PUBLIC WORKS P.es
'06.'30,95 1i:(Js► FAX SEE ST. PAUL 20050005
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MEMORANDUM
IR St. Paul.Mn a Minneapolis, MN a St Cloud, MN C Chippewa Falls, Wl C Madlann, Wl
TO: Rocky Keehn,P.E.
FROM: Kelly Bettendorf \610it
DATE: June 29, 1.995
RE: City of Mounds View
Watson Investments Real Estate Purchase Agreement
The purchase agreement between Watson Investments, Inc. and the City of Mounds View includes
a statement that Outlet A of the North Star Industrial Park,2nd Addition,will be conveyed to the
• City and that a storm water detention pond will be constructed on Oudot A at the Seller's expense.
Oudot A is nearly all wetland habitat and wetland permits will be required for the construction of
a storm water detention pond. The agreement between Watson and the City was signed after the
permanent WCA program was effective, therefore, the terms of the agreement are subject to the
existing WCA rules.
The Wetland Conservation Act of 1991 (WCA) does not restrict excavation within wetlands, it only
regulates draining and filling. However, the WCA does regulate the discharge of fill if excavated
material is placed within the wetland boundary,Any fill placed within the wetland boundary would
require replacement at a 2:1 ratio.
The US.Army Corps of Engineers does regulate excavation within wetlands, therefore a 404 permit
would be required.Wetland mitigation would be required for the area of excavation, as well as the
area of fill at a minimum ratio of 1:1,depending upon the probability of success of the replacement
wetland. If the area is less than 0.5 acre, a nationwide permit could be requested without any
proposed mitigation.
•
3ZAL ZTATZ PJEC.'. AS ' Ac;ar-x, rr
1°g3 Tic
AGE..ITT is :Lade and eaterdd intoOF MOUNDS as hi
�? and Between WATSCN v:5, S LNC f r C 1 T`h' day of October,
("Seiler") and CIT T ' Mi- esota cot-bora-ton("Buyer") . � N� a =esata m- i .�al car:orr�oa
RECITAL'S
A. Seiler is the owner of certain. land ("Proper-7n) in. the Cr 'iofu-,
County of Raa;sey, State of Minnesota, described as follows: Y1°t...ds ie�.v,
Lot 4, Block 1, North Star Industrial Park 2 d Addit+oa
("P iac )
3 . The Property is vacant, undeveloped land.
C. Se17er desires to sell, and Buyer
desires to purchase, the Property, subject
to the terms and conditions of this Ag_'eement.
AGS MMvr
ipIn considerauen of the mutual covenants made below and other
consideration, the pagesgood and valuable
ag='-a as follows:
1. Ctn.-had Accsa tanc_a Seller
.. agrees to sell and Buyer agrees to purchase the
•
_ _operty, subject tot e terms and conditions of this A . meat. The Pro e`,ty is
vacant, undeveaoned land,. and there is no personal property inc sided in
Buyer is responsi"nie for cleaning this sale.
Seller a up surface junk and debris on the P_oae_m .
cl .owledg s that Buyer's resaormDility for surface clean-up is a material
pa.--t of the sale of the proper^;.
•
LLQ
snail he Pr c �14.DD and =T ^ h-" fec� _rc er^v ("Purchase
d shall be a able full at
3. Title Matters. Seller s'
�eg�te td c hall �.z--Lisa Buyer with the abstract of t-:tle or
-rope_ f Abstract fo.r the Pro-pe�. Buyer s-t 11 allowed ,
days alter receipt. � be 2D business
.,f the abstract of title or Recistered ?r✓rert 7 Abstract for r+,�
a:.y o ojectiors, whucz shall be Wad
w
oD days after=ec°,i c e in r;-',...ng or seemed waive . Seiler shall have
title,
f Buyer's w tte.objections to :;lake title ar etacie. Pendi yg
corrector- of nay-ments hereunder required shall be postponed, but u-oon
correction of title and within 10 days after written nonce to Buyer, the marries shall
perform this Ag;ee^e;t acccr irgto its terms.
3.1. if the Seiler fails tomas1
e title marketable wig 4" the S �:. (30)
day period, or if Seller defaults
4110 =aC, its soleand a n any of the otter Z"ee.^i.e�a he��." B s7 �•-
us: e
to Seller ` ttcn notce Hereof....edy, '�at8 this *oaWe�t by delivering
.7.77.1S 3 7 7.
•
TF ti-fe is --..arketabie
.
Buyer defaults in any o is corr.e^._2d Arit.t-, the SC
of the agreements day pence an
exclusive _o,-, , - ,,,,,.;_ -' =-e='-=-", Seller =ay, as its sale and
_.ed•_r �a_--..-.are thisAgreement,
- '�a te�i�,pt+oa period for a Na `:.e b �T of'�e essence hereat.
Sectionra o - of CaSubdt+on of this Agreement s''Rtt be
3Q caps as permitted. by 5� � Subd. 4.
•
4• Coaditca; to Clos.;az. The closing
3g:'ee C and sing of the action cc±t2 Iated by this
t...e ooligaton of the Seder to sell. `-a •
pu ol..ase t e Property 1t-._ ='coe=d and of the auger to
shallbe subject to the following conditions:
4.1. .we shall have determined on or before the Closithat
it is sats-Zed, in its sale discretion basedDate ar
d=sciosad by anyenvironmental � upon the results of cad =attars
disclosed.
ere i rental or soil i vestigtions or testing of the
no environmental or sail condi an `hat would
interfere with Buyer's oraoosed use of the P--ooerty as a golf course.
4.2. B sball have reviewed and approved lite to the Proaert-
Pu"suant to Sec^on 3 herein. - _
4.3. . Buyer shall have received aroceeds from the Revenue Band sale
that is being used to fund the acquisition of the Property by Buyer.
4dditio .4. Recording of the �r2l plat for North Star inciustr Park 2nd
The above contingencies are for the sale benefit of Buyer,
• Wight to waive those ccntin e.adaS by and Buyer shall have the
cantingandes set forth in thisSection wr-t�en notice to Seller. If the
Buyer a SellerSec ion have not been satisfied by the Closing Date,
may
as or before the Closingterminate this Ag`-Bement bgv* yea eco to the other
Date.
. Ba�"caateatal and Soil?nves u
e,. t S zatron. Upon the request of Seller, Buyer shall
permit
eller to review a Ll envi'aamental fetor-.s and
Pro=�e='"� which. Buyer obtains. � motes, if any, reiar�g to the
er^y shall be All environmental i:formation nertainirng to the
o,perdisclosed tothird ted in strictest confidence be Buyer, and not
any r without eller. tten c S dolt ''^e
appliczbie law, Seller shah have no s written consent, e.cept as _ .wed
• - 'actsalleged. �=-=- _ • �ar-tT�ta man of
being understood :mond or to be found by Buyer woon the
environmental CC�.diat of Buyer's
' sole remedy in the event it is not satisfied with the
aver bane~- r
withthe_ rope- is toe ,r
Article 4 hereof. Notwithstanding�� � t..r3...ate the C^.r,.�'3C: in accordance
widenrtic no further Phase..L invanything herein to the cont-e27, Buyers it
e .3�aL', soil . II, .s t`gruon with respect to the Pro'oerzy (in' of i g,
obtained the or±or written consent tandfor Se OnitOl"�g wells) withoutt first ^-.a4� g
ofSeller.
S. Real ?state ='z_ves.
de14-celh-'cueat ,.e t On or before the Closing- Date, Seller Fav ail
o e - r�,e r estate tares, yena'ties sand interest,` any. Real es ate t e
e_- ct c_os zg Arf7 be prora_e� r a:t_e
closing �_.. oe vena Buy=-- and Seller as ofthe
daze. Seller warrants that re..�l estate
homestead. taxes payable i= 1294 are ami
T. Saes Assessments. On or before
--:sta?Wents cr special asses the Closing Date, Seiler wil pay a iT
arable the swears c ;ed =or =avnent a
�.. y=a: of closing. Seller ;;rt estzte to==es
will may on the C:cs_ng Daze all other special
:!V-„1-
2
•
•
assessments levied ..
asessn as ofthe date of this
a¢`eement Seiler re�res ^ i :,
received a _o•c.. of a pending e...:s that t ..as liar
"•—S pubLic :•n: .'rO -e=et:t project from any
authority.. L a sp eco t assessment becomes =en assessing
and before the data of closing, Buyer ���"�- the date o=this ��'ement
.d. = sperm assass�en =ay at its ondon: (a) assume payment of the
this A eeW .,c „
without adlus,,,.ent to the pyc_ ^Ase vtico; or (b) declare
e--� .. mad void by ovum to Seller.
8. C:os:. 2-
3.1. The ciosx;g TT take place at City Hall in the City of Mounds
View on or before February 23, 1994 or at suchother
agreed to by the partes n wr "' time and place as err b�
-� ("Closing Date") .
8.3. Cr. the Closing Date, Buyer shall deliver to Seller the Purchase
P ice and Seller shall deliver to Buyer possession of the proper.
execute and/or deliver to Buyer: 'F, and shall
a) A duly executed Genera? Warranty Deed, conveying
marketable title to the property to Buyer, subject onl
a:d �oy to: (1) building`g laws, ordinances, state and federal regulators; and (ii)
easements, res coons and reservations of record to which Buyer did
=at object pursuant to Sermon 3 hereof.
b) . A duly executed affidavit regarding naraershin•
• c) A rece at evidencngpayment of real estate taxes _
aymeat was due prior to the Closing Date. for which
3.3. Seller small pay at closing: (a)( ) sate deed-tax• d-tax applicable to the
transfer of the property to Buyer; (b)
•
fees and charges ��...:a �- to the Ming canse=-va�on fee; (c) all rscar^..:ng
title and anie' r. -fig of any '-=5t ruments rec_u red to rrak:
and (d) tLtie insurance nce fees, other than insurance policy
nre.nuZts. .
3.4Buyer shallay at
closing: (a)
•
.wi .. gthe
fees � to-i--g 0L •ha Der from Seller- n -:+1- T _ , aty, arid`e Goran ' y closing fee, if any.
C• CQvanar� T, .
--ants. ; e ireseztat ons •and Warr. ties of Serer.
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9.L . The Sys-_atcries to this Agreement Sethat Ey are•
author' ed to execute this Ag-reementon behalf of Seller.
9.2.• Seiler shall take no actions to encumber title to the rrcnerry •
between.een. the time Seiler accuires the ro fiery and -.Lhe * e the Deed is
Buyer.
9.3. Sewer is not• aware of any source cf c nram
- tlon e:Cs�.
• :g on the which would constitute a violation of any local, state or e=�"c=^ental law, regulator:.
• or review procedLre or which. would any
persona valid claim under the
Min'
ota Environmental Rights AC: or the:ed"- al Conference of EtP� ` mcutas es:orse, CoCvezaron and 'a=Lt-
e The foregoing _ icabie only .o the cc•
ent actual i:"owle^ge of
1 +
• Zotz�i s c . Watson,Waou, anti Seller has =.Ce no iindeper deet in cu r7'
n''es gar on of the a w Pethis regard o�
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9.4. Seller war:-...nts there is a sire t of access to
front a public rpt of way. the P_ .:ar:�?
9.5.
ty for wr-.0; that
h:T+there has been no Labor or Kate'"
to the Property �..e_.L has not been made.
9.S.
Seller warrac -tet, based on.the current r-nwiedge of Douce+
F. Watson only, there are no =resent violations of any restrictions rein
the use or inrorcveWent of the Proper y. `Q
9.7. The warranties made in pa regrs-ohs 9.1, 9.2, 9.4, 9.5 ar d, 9.
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s;.A iT,sur rive tint" one year after the dare of closing and delivery of the -ircd
The warranty made in parag.app 9.3 shall survive ant=i threopee*-s after the
dare of closing and delivery of the deed.
10. Covenants. Re.resentacans and Warranties of Buyer.
10.1. Buyer is a municipal =potato= under the laws of the State of
Miaaesota and has the power to enter into this
Agreement and carry out itsoc1igatons hereunder. The s tor_es .o - ,' ? resent that theya-e authorized. to execute this Ag-e.ement on behalf cf Buyer.
11. Well iDisulosn.Te. Buyer acknowledges receipt of a well r from Seller, attached as Exhibit A to this r�GGCs'1r� statement
.s Ag:'eemenr.
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T3 Broker Carmksioas. Seller and Buyer represent that neither
parry, hise^gagedthe services or atetor, broker
or other _erson who would be enzrtred
to a fee or commission in connection with the sale of the Prcpe ;.
13. Miscer?aaecus
13.1 Tbis agreeWenr I epresents the complete and f'- 1 ate= nt
of
the tames and supersedes any prior oral or irri:-en understanding.=- me This
ag-eenent may be amended only by -- rstcir.g This
_---flar.,_r- .. a N='==-=gexecuted by �. ,.:_ ,�.•
- —mt .:• or. t_:e partes hereto, their successors and.
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13•' The Buyer an^ Seller e= renresen anwarrant that the'recitals C^ita" . herein are true and. accurate. All warranties and rpresent tonsbrSSilnr andBuyer shall
survive v e he closing of.this transaction..
13.3 All notices ui�•on ,..ad
hereunder shall be by
U.S. mall. postage prepaid cn:- led ed ,z _ givendeposi� � �t.•e
• U.S. a addresses (or c.� mail, return recelT,t requested, to the
agew dresses such. other acd_-esse.s as either parr; =a+ not f�: the
To the Seger: Watson
�:Yes-.,, t �c
• 3033 Excelsior Boulevard, Suite 420
1 ,n„eacols yry --,15
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• _o the Buyer: Cita of Mounds View
Sar,arr.:a Crd;z:.a
2401 r =way 10 .
Mounds View, MN .7:Z172_T429
13.4 Buyer will in good faith. consider on a timely bass the
implementation of ac 4-11c'-nme. r'
: ^a-,�.,-�meg-
� for Lots 1 �cug3, North
Ld�:s riai 2rid.Park .d Addison. Buyer ac�owledges that the goad faith,
cors dero..cn of tai: increment f~r.z-i g for ?woe:Ls .r
of the ccnside� Loss _...�__s is a. materaI pax.:
L:Og pursuaaz to whic.^. Serer 5 Ite rt
to Buyer for the pr; describeddesCDed herein.*. isunderstood
to sell the P="J:Ct:'^�r
understood by Buyer that there
is no assurance. that the Mounds View Cit_ Council will apar'Jye such tax
increment �' an and that nothing i -mss Ag e e_t is
r �� .n �= •, � tender tc create
a..y :basis for a claim by Seller in the event that City approval of such,
f'7-!a"=:-=g is not obtained. The terns of the tab_i c -..eht
or..en Lam'-aaaL'^.g;voulC' be
as follows:
a. Tan i--'creme,-,t would be for the benefit of the third :art
buyer or buyers from Seiler.
b. Ta:c increment friqrdag would be in an amount not to
.�uad±ed Thirty Thousand 7 c2„ exceed Twa
and and so/ 00 ( 0,000.00) Dollars for lateral
water and sewer connector.fees and for star= water retenton pond, all
for the beae�t of Lots 1 through 3, Block. 1, of the Plat ("Benefited.
• Lots") .
c. Thies Thousand and na/00 ($30,000.00)
Dollars of the tab: increment
linen Bing would be for the drainage water retention pond to be
advanced far the benefit of therst third. parry, buyer of any of the
Benefited Lots.
c. The re�-*a;r;r, ,.o
g Two and.. d Thousand hcusandandna/100 ($200,000.00) Dollars
of.the tax increment financing- would be for lateral water and sewer
cbo--nectar.=pec tonfees to the Citi of Blaine for the Benefited Lots and would.
among the Benefitedis based ase.. upon the pr-oportiarata
• . =cotagge or ail the lots,
with said pro rata benefit for each of Benefited en of ed
to the -.1 ;rd :- a� of Lots to be allocated or buyers =w^..r such lot.
13.5 Prior to Closing, Seiler, ;
the ?;.1 l Plat for Se_. _, a: its sole costa d e-dense willrecord
^'i Pat c North Star Industrial Park 2n c Ac�tan. asp par; of t e
Seller w� convey the
�e 7� to the Criv the ^.�:er;-T Geg ..; ,: rrn , .��
:.:• "-Y .at Theconveyanceor' T cae.. as �L.tict
• Cutiat A will be :. lieu ,.
Seller will also agree as part Plat -" of rs--= dedication fees.
gr- of the Final.at trccsss that the _s ture detention
cone to be const-acted
on the norther porton of Cu iict ,vigil be constructed
a: Seller's sole cost azd a.r.e_.r will
^��cators. The ,Q -, .sa .Wd be ccr��ctec accarc =�- to Bova,.:..
ansjDi;t~: for ;.,a,"-:.,_ ofue that of the n� - ` "C the detention �ciC will
s1
aC^^"' ., QW"� of Lots and 2. i ''T"t2na.n.^.g of the pond 7T :.,
• _o_danc withCity standards, poiices and prrceo;ures. .. be
13.3 This contract shall be gove d
M nnesota. e .Z.:7the laws of the State of
==_2427.
" t
te =antes mes hemJ a® Te ?_
8cu:eC a= err 3S• o *.:e CZ: 2.^.. yo..az
3 L't' :
CITY OF MOUNDS 77.7.....4
t
3:T -
I -yar
15 ~
C�rze--Adtrt4rticrz3tCr
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WATSON ?t v-F.STTTS, INC. , a
Mnesota car=aratioa
By
I T'� /LA. / _ /' /
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