HomeMy WebLinkAbout2000-01-26 CA Ltr to OPH Re VSSA Subdivision Requestic1MCS 1 2 . Lammers
R()Lert G.
Mc...Lk Vier
Gregor G. GA,•
Tkonicis .1, Weidner*
s D OISOn.
DrIVIC1 K. Sn
TdilVd E. Maurice
LAW OFFICES OF
lekberg, Lammers, Briggs, Wolff & Vier lin
1855 Northwestern Avenue
Stillwater, Akinnesota 55082
Mr. Thomas Melena
City Administrator
City of Oak Park Heights
14168 - 57th Street North
P.O. Box 2007
Oak Park Heights, MN 55082
Re: VSSA Subdivision Request
Dear Mr. Melena:
(651) 159-2878
FAx (651) -150-29
Direct Dial No.: (651) 351-2118
January 26, 2000
r
P A. Wolff
(19-13-1.996)
L L Eeld)er
0i Counsel
u.1cie.a_Neut.,1..\,Litrcitor & Mediator
Q 1 \ 1AL
ti ..r-itralor
- 4. Rea Estate Specialist
•Qudkried Neutral Yteclidtor
JAN 2 7 aiuu
We have reviewed the proposed division as set forth in your correspondence forwarded
us on January 14, 2000 by Mr. Grover C. Sayre, HI of lands within the Valley Senior Services
project.
After reviewing the documents enclosed and considering the impact of same on the
established development agreements and permits already issued by the City of Oak Park Heights.
we find that the council may in its discretion grant the minor subdivision request, but would
recommend the following be included as part of any grant so issued:
1. An amendment to the planned unit development must be applied for and
secured. The same will be the subject of a separate correspondence to be received from
the City Planner.
2. That a written consent will have to be received from the City of Oak Park
Heights by the proposed mortgagee acknowledging the priority of the City's development
contract and agreement as it affects the Valley Seniors project. Specifically, the
mortgagee should be required to execute a consent and acknowledgment that the
obligations of the developer to the City of Oak Park Heights have priority over the
mortgage as proposed to be placed upon the property by the developer and the
mortgagee, and that the mortgagee shall not do any act to obstruct, impair or otherwise
limit the ability of the developer to fully perform all of its obligations to the City of Oak
Park Heights under the terms and conditions of the development agreement as originally
executed and as may be subsequently amended between the City and the developer.
January 26, 2000
Page 2
MTV/jp
3. That the mortgagee will also have to acknowledge that there are easements
yet due to be conveyed to the City of Oak Park Heights in the form of roadway and some
trail easements and potentially other park easements. That we will need the commitment
from the proposed mortgagee that they understand that releases as against the mortgage or
deed of indenture will be freely granted by that mortgagee on behalf of the property to
release same to the City of Oak Park Heights so that proper recording of easements
unencumbered by the mortgage can be implemented. Further, it must be understood that
there will be no fees or costs assessed to the City of Oak Park Heights by the mortgagee for
those releases.
4. Further, it should be noted that final easement conveyance as it affects the
established roadways should be completed before any subdivision should be allowed.
5.. The nature of the subdivision will have an impact on the building to be
constructed across the property line. Those impacts will be addressed by the Building
inspector upon permit application
If you have any questions with regard to this, please el free to contact me directly.
cc: Scott Richards
Kris Danielson
Yours r - ry truly,
M; rk J. Vierling