HomeMy WebLinkAbout07-05-1995 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 ATTEND. THANK YOU.
1110 ****************************************************************
SMEMORANDUM
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.
i
• 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
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 giventhe existing lot dimensions.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View
Planning Commission approves the variance request of Bioclean
Mobile Wash for a 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.
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
411 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
• MEMORANDUM
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.
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.)
•
„?3, 9 sJ
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 FINAIJ Y RFSOTNED 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
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
0 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.
07-03-1995 10:24 784 3114 MOUNOSVIEW - PUBLIC WORKS P.02
o T.O3.'9S 11:19 FAX SEH ST. PAUL Q002:002
•
i •
t MEMORANDUM
ST PAUIL.MN 0 MINNEAPOLIS.MN 0 ST.CLOUD.MN u CHIFPEWAPALLS M O M OISON.W!
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-MOUND94O2.00
•
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,
an 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 Outlot A.
Kelly Bettendorf reviewed Item 13.5 to determine permit requirements if the City constructs a
detention pond in Outlot 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 MOUNDSVIEW - PUBLIC WORKS P.03
01:140.'95 11:08 FAS
ST. PAUL QU003:005
•
•
Mr.Paul Harrington
June 30, 1995
Page 2
Watershed Management Organization by William W.Walker. His methods meet requirements of
the Metropolitan Council and the City's LWMP. Table 1 summarizes the results.
Table 1
Estimated Retention Fond Sizes for Each Lot
Storage Volume Approximate Area Total Lot
Required Required Area
Ls?S LAc-Ft,I (Acresl Ldt_S_
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 Tabies 2 and 3.
Table 2
Storage Area Assumptions
Elevation Area Storage Volume
(Feett LA cosi f Ac-Ft.l
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
oaiton Lfe ttl Lsfgl (sal
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 II,
with AMC condition 2.
05-30-1995 10:24 784 3114 MOUNOSVIEW - PUBLIC WORKS P.04
08:30.95 11:08 FAX SEE ST. PAUL e004,008
S
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. SEH 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.
tlo
S
06-30-1995 10:24 784 31.1.4 MOUNOSVIEW — PUBLIC WORKS P.05
06.'30.'95 11:nts FAX 5E3 ST. PAUL 411003r003
•
_Asa;
MEMORANDUM
1 St. Paul, Mn O Minneapolis. MN O St Cloud, MN CI Chippewa Falls, WI O Madison, WI
TO: Rocky Keehn,P.E.
FROM: Kelly Bettendorf
DATE: June 29, 1995
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 Outlot 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 Outlot 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.
•
•
•
v p aT A' ' PURCE .rarr
TE-, AC3= T is rade and entered
IOg3, by and aeries WA'-'_�'SCN L�Y'v into as of this 1I� dam of Qctcbe.,
("Seiler'T) and CIT CF -MCtiN�i S � TS, DIC. , a ^Teso�ta ccrcz��aa
(1!3 7.:.yer:r) � a YLi::-_esota, mt: i�:`al corporation.
RECITAL'S
A. Serie- is the owner of certain land. ("?rraer y'r)
the Cly: of Mounds view,of Ramsey, State of Minnesota, described as follows:
Lot 4, Black 1, North Star Industrial Bark 2 d Addit:cn
( pial )
3 . The property is vacant, undeveloped land.
C. Seller desires to sell, and Buyer desi _s to
to the terns and conditions of thisthe Property, subject
Agreement.
AGsd�"'�t'r
• In considez-t on of the mutual covenants Bade below andr
considerat+on, the pages ache_ goad and valuable
agree as follows:
1 Offer and Accentaacs. SellerT
agrees to sell.and Buyer agrees t0 Durc. ase the
Property, subject to the terms and conditions of this Ap •
vacant, undeveloped land,. there Agreement. The �per-r-�r is
Buyer is and the__ is no personal prcoer_y included in this sale.
Y responsible for cleaning up surface funk and debris on the Pro-oerty-
SeT?er ackncwiedg-es that Buyer's resaonsbbi:ity for surface cLLaaa-cap is a material
par: of the sale of the property.
==c sal be S„53,315.00 and ==rert '' ::rc;ase
shall be :payable in. at cios- .
3. "rite Matters. Seller snail furnish �,
3ey_.stersR =-offer-7 Abstract for the P�ae,3uge_ with. the aas�ct ci tie or
Rags after Pcw; ofBuyer a a l be allowed 20 business
u the abstract of title or 3acstered 7_.'..-Reny Abstract for= .
any acjec ions, which shall be :rade
in writing ar dee e waive.. Sever shall
: ave
00 days after receipt ofBuyer's written objections toa __le marketable. Pend
:ng0roof ens hereunder rcujre.d shall be mostaned, butu_ancorrector.of title and w- .
10 days after written notice to
after
perform this Ag eeWent acc^rdJ its �a Buyer, the pay-yes shall
�L to ter=s.
Tier -Fails L0
day period, or if Seller Geta make ..tie marketable ;,1Tj7:,.T, the sixty (Ot7)
• as its sole and
defaults in any of the other areemeuts herein, uvee
:�ci s ve remed`' ta:"^jr S '
to Seller er written notice thereof. , --.+t.aL this e� 'oa�e�t by Gei:�ar.n�
:937: -
•
3."". `ate is marmee*able ors domed. �';-�';., -�
• Buyer defaults -- an ,..,.e 30 day ,-:..
ice. y of the agreements herein, Seiler =e-aie and
:exclusive :o.^.ec r, t2.""-..."".ate -�; o .,- Se' e_ .�.a.r} as its sale and
Thecc LsieVpI. T]e'_"_pQ forttUs. ...IIet:.:.e being of the essence hereof.
a Nonce of Caacaiaraa ofthis o
30 days as per:mitred by Section SSS.2i, Sabot. 4. A _meat s *TRI1 be
4. Ccadit_cn.; to C:osiina-. The closing
Ag'aement a`,' 4 not the Seiler of the .-rsac�oa ccnte Iated by this
t..e obUg to se�
the -=corer._, and or 'tee Buyer to
e Pro-certy shall be ssclec: to the _oilowT condi-tons:
4.1. Buyer shall have determined on or before the Clcs�
it is sars�ed, it its sole discretion, based upon a +Ztn Date that
by any env��rmen investigations
results of and �.atea=s
C1'Sc?osed
Dripetal or soil i:ves� testing
• _.J, �=�n5 or ®L the
that there are no environmental or soil cendi�o that
'.interfere *Nit + Buyer's oropased use of the Prcce_. a5agolf nswould
""fSz.
4.2. Buyer shall have reviewed
and apnroveh title to the Peer
nt=-"s'.iaat to Sec-ton 3 herein.
4.3. . Buyer shall have received proceeds from the Revenue Bond. sale
that is being used to fund the acquisition. of the Property by Buyer.
Addit_o 4.4. Recording of the frJJ plat for North Star Industrial Park 2nd
• The above contingencies are for the sole benefit of Buyer,
right to waive those centiagenes by --, and Buyer shall have the
con�anganes set forth in this ��g w=-it:ea notice to Seller. If the
• Buyer a Seller `� have not been sags ed by the Closing Date,
ymay ter-„ „atenre_ment by
on or before the Clos e- this AgP'v-r�'�'='=fie- notice. to the other
� Date.
S. =i�-"cntaental and Soil TIIveStl�'3ton. Upon -o,..
permit Seller to review the__:lest of Seller, Buyer shall
Pr-Joel-Ty ail ev"-enmentai r e- orfs and ales, if any, row to the
P=o e try whic Buyer obtains. All envireamentai inormat o
-' er^s shall be t±aatad �.; faper*,a.;niag to the
in strictest cor-idence. by
iis�csac to any "��;"d nar'y without Se�?er: o� consent,
Buyer, and S,^aTT not be
aisclos d law. Seller • yii s ' ±an .sent, exCSot as _ecuired
ar+ s+ . have no ob';-a-4^ - : - by
-- - - i -_-- - -_ .. -a.r� man or
being u:deist -_s :arae or alleged to be found by Buyer titan. the Proper^ it.
e odd that Buy_er's sole remedyevent itt` } `
environmental CCidlt:aII of the .7�•.• in the ev^II- is not Sat=SI_eC with the
with o enden hereof. - .•per y is to ter- : ,Pte the come: is accordance
w th.. n �iorw-it stand:, g any- 1T,g here.'."i to the cont”
''�.. '.IO further Phase i- - it�._.l'V, �il�e� shall
without limitation, soil bOr'�,and/or omp ;withn sec_:O the P=`ppe"t7 (including,
obtained the prior _�_r. cc 3of Seller. we-Ts) } without first having
..IIsa t rTer.
S. Real Estate Taxes. Or or before th.a...
Date, Seller will =ar all real estate taxes, Lenares and. int Test, = any. Baal estate taxes
arablethe year of
closing ;y;TT
be prorrtec bet;c_aT Buyer and Seller as of Le
closing daze. Seller warrants that real estate taxes payable in 1994 are not:-
homestead.
• A
`-, ;T Sae,.-al Assessments, o= or, before the Clcs-ngDate, ileo
or special assns ate- co Se ;via _ _ all
payable inthe year of cies s,:.c is ' = ied cr pay=er.: —i =ea.' estate taxes
ing e e wTill
Pad on the C,cs.rg Daze all other szeci"
Isar_
2
•
• assessr,:ents• levied
as othe care of -,.rS agreement. Seller reproseT;, that it has norre_a- .ac a noCcs of a pending
public .p ovement project from a.-
author.t7. If a s;.eca assessment bermes pen ' ng- zt r the
and before. the date of cc n-•-y a��e_ date of t:,I,s A�Qffie*+
sig, Buyer ma at its on ...t
en'-==g s:eaL assessment without ac Y T theeon: (a) assume pav�e^.z of the
went z_..hase Price.; or b
this A a.., T null Ius�.+ e_.r to Purchase
. ee ent null and void by n e cce to Serer, (' } cec.g�+
8. CIosin.T•
8.1. The closing shalltake place at City Lill in the City of Mounds
View on orbefore February 23, 1994 or at suchother time and place
'e_d to by the parries in w:-: ("Closingg Date") . as may be
8.2. Cr. the Closing Date, Buyer shall deliver to Seller the Purchase
P ice and Seller shall deliver to Buyer possession of the Property,
execute and/ar deliver to Buyer: �' had shall
a) A duly executed General Warrant' Deed, conveying
marketable tie to the Property to Buyer, subject only
and coning I tc: (I) building
laws, ordinances, state and federal regula ions; and (ii)
easements, restric*sons and reservations of record to which Buyer did
not abject pursuant to Section. 3 hereof.
b) • A duly executed affidavit regarding paraershin.
• c) •
A receipt evidencing payment of real
payment was due prior to the Closingestate taxes for which
Date.
.8.3. Seller shall nay at closing: state
-.ns::er of the (a) deed tax applicable to the
Property to Buyer; (b) conservation fee; (c) all recording
fees and chargesn. - cr.:....
fees and at7le' ra y to Tthe ":lir' of any instruments recufred to rrsakg
and (d.) t'tle ins rance fees, other than insurance policy
p rSaiums.
• . pay closing: (a) recordingfees reiar
• g tothe ling cf the geed from Seller; and b +r.2 . _ slues.- t 3ny, a:Gt..r- . L y closing .ea, if anV..
•
9
• CoveT�r* .
_.._-.ts. •_ epresentat ons and Warranties of Seller. .
• .i. Thesis_ator?es to this Ag-e
eWent renre.sent that they area :thor:S to execute tAgreement on behalf of Seller.
9.2. Seller � t
shall take no actor.s to encumber T the
between the time Seller acquires the a:..,,, he to e _
delivered to Buyer. ��er and the ties the Deed is
9.3. Seder is r.otNa+ re
a of any sourcef
III
P='Cpe:'^T whichwould c;.Bs``:te a c:.n��r-i�?a on exist-Lag on the
r--�
Proper.
- a violation of anylocal, state or
en, rommental law, regulation or review procedure or which
person a valid Ciai under the :Minnesota Znv-i .►. ....c:. woulAd. t or any
federal Cane_encn of Environmental ..rne_.�al Big:..ts Act the
f.Ct. l C foregoing e f nme_ ta` Res on se, Cc ensa ou and Liability
Ing is applicable onlyto the current
actual. knowledge cf
.7.77:4:7: ,
Mu-__.s-r_
Deugias
F. Watson,
and Seiler bas oc '.
de n deme=dent :ACU Cl
• roe of - _ in t. _
9.4. Seller wa."-.nts there is a she =fit of access to •
from a public r ,t of way. she P .,,o erg
.3. Seller wa— . .ts *....at there has been_o Labo
to t:e PrcPe_rty hic a: en r or.:.ares
forw ct-m T t `as ..otbeema.de.
9.3. Suer war= that, based.on the ----rent owiedge of Dau
giaz
F. Watson only, there are no present violations of any resr chore r_:ar to
the use or improvement of the Property.
9.7. The wa_r ties rade is pareg-a-o s 9.1 9.2, 9.4, 9.3 and 9.
IT.s,L�-.T•To unrj one year after the date of closing and delivery of the b.?.
The warranty made in;arag aha 9.3 shall survive uaz`I three years after the
date of closing and delivery of the deed.
.
10. Cove”nr.ts. Reuresentatcas and Warranties of Buyer.
10.1. Buyer is a municipal corporation under the laws of the State of
11,13n neso-ta and has the mower. to enter into this
obligate= hereunder. Th Agreement and carry out itse signatories to this Agement reuresent that they
are authcr'.. ed to execute this Agreement an behalf cf Buyer.
•
11. Well Disclosure. Buyer acknowledges receipt of a well disclosure statement
from Seller, attached as E.:dubit A to this Agreement.
•
12. Broker Commissions. Seiler and Buyer represent that neither
party hisengag=d the services of any realtor,
broker or other rlersan who would be en t_;ied
to a fee or corrrrilsion in connection with the sale of the Pett--.
13. MsCerla•Teous
13.1 This a.greement'represents the cctrviete and - --at agreement cf
W= _z--"'res and supersedes a P_' - �"
agreement ares
vay se pe odes crier oral or ri-en ::riders an.in This
r only by a w:^�.,;g executed. cot.. _
• by ' �es. "'ham®
assigns. = •• L.:,e :ar=es hereto, their eir successo rs and
•
13.2 The 3 uver and Seller reP rese. and wa. .,.t
: at the-recitals
contained herein are true and accurate. Ail warranties and amu reT toes
by Seller and Busier shall survive `.tee closing of.this - Sac.an Sc1�:o
13.3 Ail_atic s$ roC +mod u. hereunder s.17P IT be given by depositing in the
U.S. mail. pcstage prepaid, cars
ec
• ii, return
receitt requested., to thefaLOwL;g ad^=nSScs (or S�cd ether addresses as either rarty may notr- the
oth
To the Sever:
Watscn t v es z:.en'SIrc
,
• 3033 »��ai
�.._s�ar Boulevard., Suite 420
l Tnze.a.polis 55416
To the Buyer: Citi of Ylcu:ds View
Atnn: r^a„rjza
2401 ii.g hway 10 - •
Mounds View, MN 35112-1499
13.4 Buyer wig in good faith. consider on a ti=eiy basis the
impiemeraron of tax-increment r T for Lots
I through .3, North
. I d.ustr•..i Park 2nd Addition. Buyer acknowledges that the goad faith
consideraton of tax increment i Tt�nc-4rtg for those Parcels is a material r
of the c:as'ideraron pursuant to which Seller isPro-cert-1
.
to BIZ-Ter for the rice deSC^Ded herein. Tri ,.a�-"oo---�s'r to sell the D="JZ^t.�`^y'
.-is understood by Buyer that there
is no ass..—once that the Mounds ViewC:�� Councl will anurove such tax:
i=icreme=t fir w:.:g and that nothing in this 4greo=ent is 'intended to Cr:a.te
any basis for a claim by Seiler in the event that City Councl approval of such
i-=ru=ng is not obtained. The terms of the tax.increment L�.an g would be
as follows:
a. Ta:: i crwent fr,arcimg would be for the benefit Of the third wart;
buyer or buyers from Seller. '
b. Ta--: increment FnRrr `f�Tg would be in an amount not to
exceed Two
-=undyed Thirty Thousand and no/100 ($230,000.00) Dollars for lateral
water and sewer connection.fees and for star=water retention nand, all
_otshe benefit of Lots 1 through 3, Block1, of the Plat ("Benefited
c. Thirty Thousand and no/00 ($30,000.00) Dollars of the tax ncre.mert
financing would be far the drainage water retention pond to be
advanced for the benefit of the third party buyer of any of the
Benefited Lots.
d. The rerra;rr;-tgTwo Hundred Thousand and no/100 ($200,000.00) Dollars
of.the tax increment =n r ci gig would be for lateral water and sewer
connection fees to the City of Blaine for the Benefited Lots and would
be .o ratBG aCC*'c' the Benefited dLots
to based upon,-.a the �-,
rIIt7ar tiCnate
scuar a fp .c3
with said nro rata benefit for each of the Benefited Lots to be allocated
to the t, ':^ part-r buyer or buyers of each such lot.
13.5 Prior to Closing, Seiler,
the _,.,fl, fat �e , a: its sole pest and e.:1-..tense,:se will record
PS l for North Star Induszai Park 2nd Addition.. art of
F
the Pt elr M convey to the City the p_ocert+ descri:,ed as "C ..K
' �u plc t
at Thec nvevzrce of Cutlet
.w^u bein Lieu. of _ars dedication fees.
Seller will also, agree as part of the Final Plat process that the ftZture detention
roind to be constructed on the northern-carton of CL'ict A i-U be constructed
a: s sale cost and e:^ense and will be cc.:5`. cted according to Buyer's
SzeC=-. �OnS The for respansfoilit-. ;-*a �._..2"ca of the detention nand �::be that of the owners of Lots and 2. Maintenance. of the pond. will be in City
standards,ds, ,olives and _7:rocs-du:es.
13.5 This contract bed er n dlaws p
Minnesota. c e "=� the f the State of
rY Wr Ni?.S WE_?C;:
as
• s �= here= La
of r.:a day ,...",.r~. =p-o�'� `.1- � L..e a 8... �'s .^a .:� --�•`$� ®.eti���d��' ��oF'' � ��y�®®
sz
3tai-v :
CITY OF MOUNDS
3y,
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WATSON ?i v EST ITS, INC o , a
By ,r,A /L4 e i"?
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