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HomeMy WebLinkAboutDevelopment ApplicationCITY OF OAK PARK HEIGHTS ♦ DEVELOPMENT APPLICATION 14168 Oak Park Boulevard P.O. Box 2007 Base Fee: � , ,��� ,� � i -Oak Park Hei MN 55082 Escrow Amount: 0 0 (651) 439-4439 Fax: (651) 439-0574 ,/� / P Street Location ofPropert 5570/5580/559 Memorial Avenue North Le Description of Propert Please see attached pa Owner: Name W.A.T.E. Enterprises, Inc. Address: 11255 50th Street North Cit Lake Elmo State: mN Zip: 55042 Telephone: (Home) -.--65.1-439-Z973 I (Business) 651 (Fax) 651-439-7758 (Other) Applicant: Name William Zintl Address: 11255 50th Street North City Lake Elmo State: - MN Zi p- 55042 Telephone: (Home) 651-439.-.7973 1 (Business) 651-439-79-73---- (Fax) 651-439-7758 (Other) I I T of Re Zo'nin District Amendment Conditional Use Permit Variance: Sin Famil Residential Variance: Other Residential/Commercial/Industrial Subdivision Subdivision: Minor Comprehensive Plan Amendment Des-cription of Re Home Occupation Site Plan Review PUCE: Amendment PUD: Concept Plan - PUCE: General Plan 'Street Vacation Cit Financial Assistance If a re for plannin action on the subject site or an -part thereof has been previousl approved, please describe it be-low: caner/Applicant Initials Development Application, Page 2 General conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved, all required information and fees, including any deposits, must be paid to the city. An incomplete application will be returned to the applicant. The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the city. Professional Fee Responsibility It is the understanding of the undersigned that all city incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Manning, Engineering, Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair credit Act if it becomes thirty (3o) days past due. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of oak 'ark Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real if unpaid b October 31' ear. of each property p y y Property ,Address 5570 5580 5590 Memorial Avenue North Park Hsi hts MN 5582 Owner Sign.atur Dated i1 0 /0 � Date Applicant .sign -ature Fo oQ 9- - WARRANTY DEED Corporation, Partm�ship or Limited Uability Company to Carpara.tion, Pariamhip or Limited Wbility Company DEED TAX DIE: S12n,QQ Date: October - - -- _, 2006 FOR VALUABLE CONSIDERATION, Stillwater West, LLC, a limited liability company under the laws of Minnesota, Grantor, heraby conveys and warrants to W.A.T.E. Enterprises, Inc., Grantee, a corporation under the laws of Minnesota, real property in Washington County, Minnesota, described as follows: Lot Three (3), Block Two (2 ), Kern Center Second Addition, Washington County, Minnesota.. together with all hereditarnents and appurtenances belonging thereto, subject to tine following exceptions: easements, restrictions and covenants of record, if any. Check box if applicable: CJ The Seller certifies that the seller does not know of any wells on the described real property. 0 A well disclosure certificate accompanies this document. © I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosum certificate. Sill LLC `1 Affix Deed Tax Stamp Her ,R and A. n edy Its: Chief Manager B Its: STATE OF MINNE OTA ` w SS. COUNTYOF This inMument was acknowledged before me can October 006, by Raymond A. Kennedy, the Chief Manager of Stillwater Test, LLC, a limited liability company under the laws of Minnesota on behalf of the limited liability company. 2T ARi L STAMP DR SEAL (OR OTHER TITLE OR RANK): THIS INSTRUMENT I' WAS DR.AF"I rm HY (NAME AND ADDRMS): Land Title, Inc. 2935 Counter Drive, Suite 103 St. Paul, MN 55117 SIGNATURE OF NOTAIW Pv al.l c O R OTHER OFMCIAL Chc& htM if part or all oftht land is ft*temd Cro nvnsl Cl Tax StaWrients far the rte€ pmperty described in this inatmnit nt should be svit to (trier nam and addnm ofOmntw)- W.A.T.E. Enterprises, Inc. , r 777 n77.. ...:........ _..,:. RELEASE OF LOT FROM EXISTING DECLARATION AND DECLARATION OF NEW COVENANTS, CONDITIONS AND RESTRICTIONS THIS RELEASE OF LOT FROM EXISTING DECLARATION, AND DECLARATION OIL NEW COVENANTS CONDITIONS AND RESTRICTIONS is made this :: day of September, 2006, by and between Carol Palmquist Eilers, as Trustee of the Carol Palmquist Eilers Revocable Trust dated November 2, 2001 (hereinafter "the Palmquist Trust "), and W.A.T.E. Enterprises, Inc., a Minnesota corporation (hereinafter "W..A.T.E. "). WHEREAS, the Palmquist Trust is the owner of the tract of land situated in the County of Washington, State of Minnesota, legally described as follows, to wit: See Exhibit A, attached hereto and incorporated by reference herein (hereinafter `the Palmquist Property " ) ; WHEREAS, W.A.T.E. is the owner of the tract of land situated in the County of Washington, State of Minnesota, legally described as follows, to wit: Lot 3, Block 2, Kern Center 2 Addition (hereinafter "the Subject Real Property "). WHEREAS, the Palmquist Property adjoins the Subject Real Property on the west. WHEREAS, the Subject Real Property (together with other land) is subject to a certain Declaration of Covenants, Conditions and Restrictions dated October 21, 1994, recorded with the Washington County Recorder on December 13, 1994 as document number 825980 ( "the existing Declaration "). WHEREAS, W.A.T.E. intends to place certain improvements on the Subject Real Property, including constructing a building on the far west side thereof and removing the existing berm. WHEREAS, the existing Declaration provides in part that the existing Declaration may be terminated by Agreement of the owner of the affected lot and the adjacent property owner to the west of the lot, if approved by Resolution of the Town of Baytown or its successors. WHEREAS, W.A.T.E. as the owner of the affected lot, and the Palmquist Trust as the owner of the adjacent property to the west, agree to release the Subject Real Property from the existing Declaration, and W.A.T.E. agrees contemporaneously with the release to subject the Subject Real Property to the Declaration of new covenants, conditions, and restrictions set forth herein. WHEREAS, the Subject Real Property is no longer in the Town of Baytown, but rather has been annexed into the City of Oak Part{ Heights. NOW 'T'HEREF'ORE, the Palmquist Trust and W.A.T.E. hereby agree that Lot 3, Block 2, Fern Center 2 nd Addition, Washington County, Minnesota, is released from the Declaration of Covenants, Conditions and Restrictions dated October 21, 1994, recorded with the Washington County Recorder on December 13, 1994 as document number 825980. Nothing herein shall be deemed a release of the additional lots subject to said Declaration from said Declaration. NOW THEREFORE, W.A.T.E. hereby grants the restrictive covenants provided herein and declares that Lot 3, Block 2, Kern Center 2 nd Addition, Washington County, Minnesota, shall be subject to the restrictive covenants provided herein, and said restrictive covenants shall run with the Subject Real Property, and be binding upon W.A.T.E. and its successors and assigns: 1. The proposed building on the far west side of the Subject Real Property, identified as the "Storage" building on the preliminary grading plan attached hereto as Exhibit B and incorporated herein (hereinafter "the west Building "), shall be situated in substantially the location depicted on the attached Exhibit B. Any minor deviations shall be permitted and shall not be deemed to be a default hereunder, provided, however, that no part of the west Building shall in any event be situated in the triangular portion of the northwest corner of the Subject Property as marked in the attached Exhibit B as the "unimproved area ", with the westerly line of said triangular portion being 64 feet, and the northerly line being 134 feet. 2. The exterior west wall of the west Building shall be in an earth -tone color. 3. W.A.T.E. shall relocate existing trees to the northerly and southerly lot lines in substantially the number and in the manner depicted on the grading plan attached as Exhibit B. 0) 4. W.A.T.E. shall plant additional trees alon the west lot line in substantiall the number and in the manner depicted on the g radin g plan attached as Exhibit B. The new trees shall be spruce or other conifer trees, approximatel 6 feet tall. 5. The restrictive covenants of para I and 2 hereof shall appl to an repair, addition or replacement of the West Buildin 6. These new restrictive covenants ma be amended or terminated b further written A of the fee owner of the Palm Propert and the fee owner of the Subject Real Propert as of the time of an subse a 7. This Release from Existin Declaration of Covenants, Conditions, and Restrictions, and Declaration of New Covenants shall be effective when executed b the Palm Trust, b W.A.T.E., and approved b the Cit of Oak Park Hei approved IN WITNESS WHERE OF, the Palm Trust and W.A.T.E. have executed this Instrument on the dates set forth below. W.A.T.E. Enterprises, Inc. Dated: d o 2 L/ _, 2006 STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON B ��;��X.cc�..�. William H. Zintl, Its Pr sid nt 001< The fore instrument was acknowled before me this #Z"I' da of 69 k 6e 2 , 2006 b William H. Zintl, the President of W.A.T.E. Enterprises, Inc., a Minnesota corporation, on behalf of the corporation. %AAAAM THOMAS R, HAUGRUD Notary Public-Minnesota My Commission Expires Jan 31, 2010 ICI otaria ( or other Title or Rank) A 40e � A 111111111111111111111 ( Notar Public 3 0 , Dated: September 2006 STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON Carol Palm Eilers, u -� tee T-) The fore instrument was acknowled before me this da of September, 2006, b Carol Palm Eilers, as Trustee of the Carol Palm Eilers Revocable Trust dated November 2, 2001. THOMAS R. HASGRUD Notar Pubric-m inn esots A- MY Cwnftsslon Ex Jan 31,2W 0 Notarial Stamp or Sea] (or other Title or Rank) Notar Public CONSENT OF CITY OF OAK PARK HEIGHTS The Cit of Oak Park Hei does consent to the release of lands identified herein from those certain declarations of covenants, conditions and restrictions dated October 21, 1994, recorded of record in the Office of the Washin Count Recorder on December 13, 1994 as Document No. 825980. CIT F K PARK HEIGHTS I ri hnson CitV dministrator This instrument was drafted b Thomas R. Hau Es ROSENE, HAUGRUD & STAAB, CHARTERED 400 Robert Street North, Suite 1800 St. Paul, MN 55 1 01 ( 651 ) 227-6621 FAGenera1\WATE\Kenned ease and Declaration.doc paw 4 Exhibit "A" That wart of the Southwest Quarter of the Northwest Quarter of Section 6, Township 29 Forth, Range 20 West, Washington County, Minnesota, described as follows Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarters thence Korth of degree 14 minutes 58 seconds Nest (recorded as North 01 degree 14 minutes 50 seconds West) , assumed wearing, along the West lime of said Southwest Quarter of the Northwest Quarter a distance of 969.67 feet; thence South 87 degrees 25 minutes 34 seconds East 606.75 feet (recorded as 606.71 feet) to the point of beginning; thence continue South 87 degrees 25 minutes' 34 seconds East 514.08 feet ( recorded as 514.01 feet) to the East line of said Southwest Quarter of the Northwest Quarter; thence South 02 degrees 04 minutes 39 seconds East (recorded as South 02 degrees 04 minutes 25 seconds East) along said East line 895--25 feet to the Southeast corner of said Southwest Quarter of the Northwest Quarter; thence south 88 degrees 45 minutes 42 seconds West along the South line of said Southwest Quarter of the Northwest Quarter a distance of 460.69 (recorded as 460.56 feet) feet to a point distant 670.58 feet Easterly of the Southwest corner of said Southwest Quarter of the Northwest Quarter, as measured along said South line- thence North 01 degree 32 minutes 35 seconds West 544.75 feet; thence south 88 degrees 45 minutes 42 seconds West parallel with said South line of the southwest Quarter of the Northwest Quarter a distance of 60.42 feet (recorded as 35.63 feet); thence North of degree 32 minutes 35 seconds West 384.59 feet ( recorded as 382.23 feet) to the point of beginning, - contal.n.ing 10.07 acres, 3moreb or .less Subject to existing 55 Street along the Southerly line thereof