HomeMy WebLinkAbout2009-06-15 WC Recorded Document #3744733Return:
Eckberg, Lammers, Briggs,
Wolff & Vierling
Receipt #: 103726
USE $46.66
Conditional Use Permit
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3744733
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Certified Filed and/or recorded on:
6/15/2009 12:40 PM
3744733
Office of the County Recorder
Return to: Property Records & Taxpayer Services
ECKBERG LAMMERS BRIGGS WOLFF & Washington County, MN
1809 NORTHWESTERN AVENUE _
SUITE 1 1 0 K e v i n J (_'orhic , Cou my R cor de
STI LLWATE R MN 55082
$46
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STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
1, the undersigned being duly qualified and acting as City Administrator for the
City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that 1 have compared the
attached document:
June, 2009.
NOTICE OF CERTIFICATION
Conditional Use Permits (x3)
For Douglas P. Corblick
To Locate an Accessory Building Within a Side Yard,
To Locate it Within the 5 -Foot Side -yard Setback,
& to Allow for Two Accessory Structures at 75471 58th St. N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that
the same is a full, true and complete copy of said document within the files of the City
of Oak Park Heights.
WITNESS my hand and the seal of the City of Oak Park Heig s, this 4th day of
1
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F(19
C,ityAdministrator
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMLT
For
DOUGLAS P. CORBLICK
File No.: 798.02— 09.01 Date Issued: April 29,2009
Legal Description: (Washington County Geo. Code 030029.20.21°0085)
Lots 6 and 7, Block 1, Oak Park, Washington County
Owner: Doug Corblia
Address: 15471 58 Street North
Site Address: 15471 58 Street North
Present Zoning District: R -1, Single Family Residential District
Permitted uses set forth in Ordinance 401 Section 40 1 a 15.D
I. CONDITIONAL USE PERMITS (3): To Locate An Accessory Building Within A Side
Yard, To Locate It Within The Five Foot Side Yard Setback, And To Allow For Two
Accessory Structures, Approved With Conditions
All uses shall be subject to the foliowing conditions and/or restrictions imposed by Resolution
09 -04 -18 of the City Council of the City of Oak Park Heights as follows:
1. The applicant shall provide a signed copy of the Encroachment Licensing
Agreement from Northern States Power Company. All provisions of the agreement shall
be complied with by the applicant/property owner.
2. The applicantlproperty owner shall not make additions to the structure.
3. If the structure is destroyed by more than 50 percent of its value, it shall not be
repaired or replaced unless brought into conformance with the Zoning Ordinance.
4. Upon sale of the property, the conditional use permit shall be reviewed and
considered for continuation by the City Council.
5. If Northern States Power withdraws the Encroachment Licensing Agreement, the
conditional use permit shall expire and the structure shall be brought into conformance
with the Zoning Ordinance.
III. Reference Attachment:
The reports of the City Planner dated April 1, 2009 and site plan approved by the City
Council are annexed hereto by reference as Exhibit A.
W. Abandonment: This permit requires continuous use in order to preserve the Conditional
Use granted by the City under the terms hereof. Any discontinuation or abandonment of
the uses permitted hereunder upon the site for a period of 12 continuous months shall
constitute abandonment and void the permit.
Va Annual review: Annual review is not imposed as a condition of this permit
Date:
IN WITNIESS WHEREOF, the parties have set forth their hands and seals.
Date: l✓ I �I
Date: C -2-•o9
ohnson
C Administrator
S
as P. Corblick
EXEIIBIT "A"
PLANNERS REPORT AND SITE PLANS
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO: 798.07 -- 09.01
BACKGROUND
Doug Corblick of 15471 58 Street North originally requested a variance for a side yard
setback and building location and a conditional use permit for two accessory structures.
Mr. Corblick has constructed a playhouse/tool shed within the side yard setback area of
his lot and partially within property owned by Northern States Power Company (Xcel
Energy). Northern States Power Company has granted an Encroachment Licensing
Agreement to Mr. Corblick to allow the playhouse/tool shed to remain on their property.
The property is zoned R -1, Single Family Residential.
As you are aware, the City Council approved amendments to Section 401.15.D,
Accessory Buildings, Uses and Equipment to allow flexibility through conditional use
permit versus variance review. The changes that were approved eliminated the need
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for the variances requested by Mr. Corblick. The conditional use permit process,
instead, shall be utilized to address the setback and building location issues. Therefore,
Mr. Corblick is now being considered for three conditional use permits to locate the
accessory building within a side yard; to locate it within the five foot side yard setback
requirement; and for two accessory structures. A new public hearing for the CUPs was
advertised for the April 9, 2009 Planning Commission meeting.
Attached for reference:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
ENCLOSURE 2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacpIanning.com
Eric Johnson
Scott Richards
April 1, 2009
Oak Park Heights — Doug Corblick, 1 5471 58 Street North —
Conditional Use Permit for Side Yard Setback; Building
Location; and Two Accessory Structures
Aerial Photo of Site
Site Plan
Building Elevation Diagram
Building Elevation Diagram
September 22, 2008 Letter from Xcel Energy
Exhibit 6:
Exhibit 7:
ISSUES ANALYSIS
Encroachment Licensing Agreement
Photos of Site
Project Description. The applicant has constructed the 14 foot -10 inch by 11 foot by
10 inch two story accessory building within the side yard setback area and
approximately five feet into property owned by Northern States Power Company. The
structure has a four foot deck at the front of the structure, opposite the side that
encroaches into the setback. The building is approximately 40 feet from the house. A
detached garage is constructed adjacent to the home.
Comprehensive Plan. The Comprehensive Plan Land Use Map designates this area
for low density residential use. Single family homes and related accessory buildings are
consistent with this land use type.
Zoning. The property is zoned R -1, Single Family Residential District. Single family
homes and related accessory buildings are listed permitted and accessory uses.
Setbacks /Location. The Zoning Ordinance requires a five foot setback from side lot
lines and eight feet from rear lot lines. The front yard for this lot faces Stagecoach Trail
and the rear lot line is on the west side. The south lot line, where the structure
encroaches, is a side lot line, thus requiring a five foot setback. The Zoning Ordinance
also requires that accessory buildings shall be located only within the rear yard. The
recent amendments to the Ordinance now allow for variation from the location and
setback requirements by approval of a conditional use permit.
Although not related to this request, the existing home is within the setback requirement
of 30 feet adjacent to 58 Street and the garage is within the eight foot setback
requirement of the west lot line.
Accessory Building Requirements. The following requirements for accessory
buildings are reviewed as follows:
2. Location. No accessory buildings shall be erected or located within any required
yard other than the rear yard except by approval of a conditional use permit
according to the provisions of Section 401.03 and Section 401.15.D.13 of this
Ordinance.
The playhouse /tool shed is located in a side yard. A CUP is required to allow this
structure in a side versus a rear yard. Review of the CUP criteria is found later in
this report.
3.. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height
and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot
line, and shall be six (6) feet or more from any other building or structure on the
same lot. Accessory buildings shall not be located within a utility and/or drainage
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easement unless written approval is obtained from the easement holder.
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Accessory buildin g height may ht be increased an additional five (5) feet with
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approval of the Building Official to match roof pitch or style of a principle
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structure. The setback and height requirements under this provision may be
varied b y approval roval of a conditional use permit as provided for in Section 401.03
and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer
than six ( 0 ) feet to other buildings or structures providing the requirements of the
Building Code are met.
The structure is located within the required side yard setback area. The structure
is approximately 15 feet in height to the midpoint of the gabled roof and thus
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consistent with the height requirements.
4. Lot Coverage. No accessory building or detached garage or combination
thereof within a residential district shall occupy more than twenty --five (25)
percent of the area of the rear yard except by approval of a conditional use
permit according to the provisions of Section 401.03 and Section 401.15.D.13 of
this Ordinance.
The rear yard area is 3,600 square feet. The total area of the garage and the
playhouse if relocated to that area) would be 540 square feet, thus occupying
percent of the rear lot area.
5. Number of Structures. No permit ermit shall be issued for the construction of
more than one tip rivate garage or storage structure, for each detached single
family dwelling, commercial, industrial, public or institutional building except by
approval of a conditional use permit according to the provisions of Section
401.03 and 401.15.0.13 of this Ordinance. Every detached single family
dwellin g unit erected after the effective date of this Ordinance shall be so located
on the lot so that at least a two (2) car garage, either attached or detached, can
be located on said lot.
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Two accessory structures exist on the site - the garage and the playhouse /tool
shed. A conditional use permit is required to allow the second accessory
structure.
6. Size. N accessory building for single family dwellings or combination of
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attached and detached accessory buildings shall exceed one thousand (1,000)
atta rY
square feet .of floor area, except by conditional use permit as provided for in
Section 401.03 and Section 401.15.D.13 of this Ordinance.
The floor area of the two accessory buildings is 720 square feet.
11.
tibilit . The same or similar quality exterior material shall be used in the
coma
access o ry g buildin and in the principal building. All accessory buildings shall
also be compatible with the principal building on the lot.
The house andplayhouseltool shed are compatible in appearance.
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Accessory Building Conditional Use Permit Criteria (section 401.15.0.13)_
Application for a conditional use permit under this sub-section shall be regulated by
Section 401.03 of this Ordinance. Such a conditional use permit may be granted
provided that:
a. There is a demonstrated need and potential for continued use of the structure for
the purpose stated.
A playhouse /tool shed is a common accessory building for a single family
residential use.
b. In the case of residential uses, no commercial or home occupation activities are
conducted on the property.
No commercial or home occupation activities are conducted on the property.
c. The building has an evident re-use or function related to the principal use.
The accessory structure's function as a playhouse and tool shed are related to
the principal use of the property as a single family home.
d. Accessory building shall be maintained in a manner that is compatible with the
adjacent residential uses and does not present a hazard to public health, safety
and general welfare.
The house and playhouseltool shed are compatible in appearance. The
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1a houseltool shed does not present a hazard to public health, safety, and
general welfare: although the structure was built five feet into property owned
by Northern States Power Company (XceI Energy), the company is willing to give
an Encroachment License Agreement.
e. The reductions of setback requirements is based upon a specific need or
circumstance which is unique to the property in question and which, if approved,
will not set a precedent which is contrary to the intent of this Ordinance.
The reduction of the required five foot side yard setback requirement is based
upon an error on the part of the homeowner and will not set a precedent that is
contrary to the intent of this Ordinance.
f. Existing property line drainage and utility easements are provided for and no
building will occur upon this reserved space unless approved in writing by the
easement holder.
There are no easements involved in this case. However, the accessory structure
is Located on property owned by Northern States Power company. The
company has stated in writing that they are willing to give an Encroachment
License Agreement.
4
g
The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
There are no mature trees or unique physical features of the lot, such as
topography that are affected by this request.
h. If affecting a north lot line, the reduction will not restrict sun access from the
abutting lots.
NIA
1. The building height of an accessory building shall not exceed twenty -five (25)
feet.
The accessory structure is approximately 15 feet in height and thus consistent
with the height requirement.
Accessory buildings or detached garages or combination thereof within a
residential district shall not occupy more than thirty -five (35) percent of the rear
yard.
The rear yard area is 3,600 square feet. The total area of the garage and the
playhouse (if relocated to that area) would be 540 square feet, thus occupying 15
percent of the rear lot area.
k. The provisions of Section 401.03.A.8 of the Ordinance shall be considered and a
determination made that the proposed activity is in compliance with such criteria.
The City council, the Planning commission, and City staff shall have the
authority to request additional information from the applicant.
City council & Planning Commission considerations for Conditional Use Permits
(Section 401.03.A.7). The conditional use permit requests for two accessory
structures; to locate the accessory structure within a side yard; and to locate it within a
side yard setback shall be reviewed against the following criteria (Section 401.03.A.8).
The City Council and Planning Commission shall consider possible adverse effects of
the ro osed conditional uses. Their judgment shall be based upon, but not limited to,
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the following factors:
a. Relationship to the specific policies and provisions of the municipal
comprehensive plan.
b. The conformity with present and future land uses in the area.
c. The environmental issues and geographic area involved.
d. Whether the use will tend to or actually depreciate the area in which it is
proposed.
e. The impact on character of the surrounding area.
5
f.
g.
The demonstrated need for such use.
Traffic generation by the use in relation to capabilities of streets serving the
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property.
h. The upon act u on existing public services and facilities including parks, schools,
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streets, and utilities, and the City's service capacity.
use's conformity with all
�. The proposed use performance standards contained herein y p
(Le., parking, loading, noise, etc.).
The requests for two accessory structures; to locate the accessory structure within a
side ard• and to locate it within the side yard setback requirement of five feet should
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not have a negative impact on the neighborhood, create a service capacity issue, or
intensify the use of the property.
CONCLUSION 1 RECOMMENDATION
Cit y staff recommends that the three conditional use permit requests to locate the
ry g
accessory building within a side yard; to locate it within the five foot side yard setback
requirement; and for two accessory structures be approved for the playhouse /tool shed
located at 15471 58 Street North, with the following conditions:
1. The applicant shall provide a signed copy of the Encroachment Licensing
Agreement from Northern States Power Company. All provisions of the
agreement shall be complied with by the applicant/property owner.
2. The applicant/property owner shall not make additions to the structure.
3,
If the structure is destroyed by more than 50 percent of its value, it shall not be
replaced repaired laced unless brought into conformance with the Zoning Ordinance.
p p
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EXHIBIT I
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0,, EXHIBIT 4
'Sep. 26. 2008 11:12AM
' Avl.EnergY
NORTHERN STATES POWER
September 22, 2008
Doug Carbliok
15471 58 Str. N.
Oak Park Heights, MN
ENCROACHMENT REVIEW
• Playhouse/Shed, 15471 5 8 Stx, N., Oak Park Heights, MN
Project: Proposed Playh ,
Line 0801/0865
NE1l4 NW I /4, Seo. 3, T29, R20, Washington County
File: 2008.355
Dear Doug;
Our Transmission Engineers have reviewed the • ro i rased Pia house/Shed at
b m
O8 � �r�croaGh�nent ont cel � ��r : ,
�' encroachment request submitted Septer�nber 18, 0 ; .. t .
property .ls not acceptable to Xcel Energy.
SCOPE OF PROJECT.
(z)
Page 1 of2
414 N1COLLET .S
MINNEAPOLIS, 5401
( 1) Building on Xeel Energy property.
There shall be n o permanent or temporary building allowed on Xcel Bnergy property,
p
} adjacent to 15471 58
buildin or structure on Xcel Energy property and
Any existing building .�;r
removed. The proposed playhouse /shed will have nd
Oak Park Heights, MN shall be p
{ Energy transmission _lines, provided the
impact on the operation of the Xcel gy
p e t
constructed. on private property adjac n to noel Energy's property,
Clearance to equipment and workers
For general infonnation, a workdng
clearance of 20 feet between the electrical conductor;
i line and any cranes or diggin equipment near the Xcel energy
adjacent transmission Y � at a
et to the physical proximity of workers must be maintained
and a cleaxan�ce of 20 feet p � P
In addition, any Con5tr11Ction near the transmission line(s) shall comply with all .Og
Clearances.
L
deck as s _ `��k -.
two story playhouse/shed with attached �� =-:an
This project i
eot conssts of the construction of a � ./ � yr
p and as sketched on a property plan received by Xcel E��� � - fln
drawing 1 of 2 dated August 27,
2008 an ,;
September 16, 2008. . ,
EXHIBIT 5
eP, • 6. UU'd 11:
Page 2 of 2
9/26/2008
It is the express condition of this consent that all other terms and conditions of that certain .48.:pbent
granted by Deed on June 19, 1964, and recorded as Document No 2373097 shall remain 1:n full and
effect
Thank you for your courtesy and cooperation.
Sincerely,
Cr 01/A-124-2)-4-5/1A
Bonnie Anderson
Land Rights Agent
Sitilig and Land Rights Dept.
612-330-6241
612-573-9227 (fax)
ho nie. .anderson xeelener .com
co: Dave Berklund
Will Pim
Jim Butler
(0801/0865-N1-1-34700-4, Str. 5)
1 I V V? •
Receipt#: 91 599
AGR
Return to:
NORTHERN STATES POWER CO
414 NICOIJET MALI.
MKS MN 6 65401
wrria SSETI
$46.09
'T e north 3 feet of the east 14 feet of the West 80 f eet of said Lot 5,
The aforedescribed p ortion of the NSP Property is hereinafter called "Encroachment Area ".
3726019
air
Certified Filed and /or recorded on:
2/18/2009 1 :59 PM
3726019
otfic4 or the QoUnty Recorder
Property Records & Taxp Services
Washington County, MN
Kevin JCorbid, County Recorder
EISCROACHNIENT LICENSE AGREEMENT
' � of .� , 2048, between NORTHERN TIT AGREEMEN made this �'
STATES POWER COMPANY, a Minnesota corporation loin business as Xcel Energy (hereinafter
called "NSF"), and Douglas P. Corbllck, (hereinafter called "Licensee ").
WMREAS Licensee is the owner of the following described property (hereipaf er Oiled " Qw. ea
Premises "):
Lots 6 and 7, Block 1, Oak Park, according to the plat thereof on file and of record in the office of
the County Recorder, Washington County, Minnesota.
is - S, NSP ' the owner of the folio described property (hereinafter called "NSP
�
Property"):
Lot 5; Block 1, dak Park,:acchrding to the plat thereof on file and of record in the office of the
County Recorder, Washington County, Minnesota.
WHEREAS, NSP owns, operates and maintains on said NSP Property, an electric transmission line.
WHEREAS, Licensee has constructed a Playhouse /Shed structure that encroaches on the NSP
Property.
NOW, FORE, for and in consideration of the covenants and agreements hereinafter
contained to be kept and performed, NSP and Licensee agree That:
1. NSP does hereby grant unto Licensee, its successors and assigns the right to encroach upon, occupy
described in paragraph and to use, t the manner hereinafter specified, the portion of the NSP Property d p gp h 2
i
hereunder.
2, The right 'of encroachment, occupancy . and use granted herein shall be limited to that part of the
aforedescriibed NSP Property described as follows;
3 . The rights of encroachment and the rights and licenses herein granted shall be limited to the use by
Licensee of the Encroachment Area for the purpose of constructing, maintaining and using thereon a 3
foot portion of a P1 yh ?Use /Shed building jn tale Encroaehnxent Area only, at an elevation, not to exceed
17 feet from the existing ground elevation. Licensee agrees, that in the event the building is destroyed; no
part of a replacement building wilt be within the NSP Property. Licensee further agrees that no additions or
Lnprovemerits shall be made to the portion of the building that lies within the NSP Property, Licensee
agrees, and it is an express condition upou which this right of encroachment is granted, that the structure
shall not be used for any purpose which creates. a hazard to NSP's power lines and facilities, and
speeif cauyy fat there small be no storage or use of petrolcunr or other products having volatile
characteristics or 'explosives therein. The provislon.s of this paragraph shall not apply to small amounts of
prodnet$ stored for normal household and yard maintenance, - - -
4. Licensee accepts the Encroachment Area in its present condition without any promises, agreements
or obligations on the part of NSP to make any improvements or repairs thereon. .
5. Licensee agrees to asume all liability and to indemnify and compensate NSP for any injury or
damage to persons or property, including NSP's property or employees, occasioned by, or arising in
connection with the use of the Encroachment Area Licensee, its employees, oustomers or agents, and
Licensee further agrees to defend, indemnify and save NSP harmless against all actions, claims, damages,
or demands which may be brought or wade against NSP by reason of anything 'done by Licensee, its
employees, customers or agents, in the exercise or purported exercise of the rights, privileges and duties
herein granted.
6. Licensee agrees to secure all necessary permits that may be required from municipal, state or
federa.1 authorities to construct and operate its building in the Encroachment Area.
7, As part of the consideration of the Agreement, Licensee expressly waives all right, claim or cause
of action which Licensee, its successors and assigns, may new or hereafter - have against NSP, its
successors or assigns, occasioned by or arising from any interference with radio, television, electronic,
computer, cathode ray tube, photographic, or other types of electronic or related equipment affected in
any manner by electrical or magnetic fields, or any other communication transmission or reception in or
upon any portion of the Encroachment Area or in or upon any portion of said building or any injury,
illness or adverse health effects whatsoever caused or °pensioned in any minim by the presence, or
operation of electric transmission lines and related facilities in. and upon the NSP Property.
8, If, for any reason, Licensee shall net keep and perform Any and a.0 of the covenants and agreements
contained herein, and should Licensee fail to correct the condition violated within thirty (30) days after
receiving written notice to do so from INSP, the right of encroachment granted herein shall thereafter
automatically terminate without further net by NSP and Licensee shall surrender the Encroachment Area
to NSP in substantially its original condition.
9. Any implied or unwritten consent of NSP in .any instance to any variation of the terms or conditions
of this Agreement shall not be deemed a waiver as to any breach of covenant or condition herein
eantained nor shall any waiver or modi.U.cation ba claimed as to .any provision of this Agree uent unless
the same shall be .endorsed hereon by NSP. Failure of NSP to insist upon the strict performance of the
terms, covenants, agreements and conditions contained herein, or any of them., shall not constitute or be
construed as a waiver or relingijistment of NSP's right to thereafter enferce any such term, covenant,
agreement or condition, but the same shall continue in full force and effect.
10. it is agreed that the provisions and conditions of this Agreement shall bind and inure to the benefit
of the heirs, legal representatives, successors in interest and assigns of the respective parties hereto, and
Page 2 of 4
that these conditions and covenants shall specifically be deemed to run with the land known as Owned
Premises, as well.
11, All notices, demands and other communications required or permitted to be given pursuant to this
Agreement shall be in writing and shall be considered to have been duly given or served if sent by first
clays cent ed or registered mail, returt receipt reC11.4e4te(. postage prep ud, to the party at its address set
forth below.
If to NSP, to
If to Licensee, to: Douglas P. Corblick
15471 58 St. N.
Stillwatey, MN 5508
12, This Agreement is made and executed under the laws of Minnesota and is intended to be governed
by the laws of said State.
13. The unenforceability or invalidity of any provisions hereof shall not render any other provision or
provisions herein contained unenforceable oar invalid.
WIIIMSS wI-IEIU QF, and Licensee have caused this Agreement to be ®xeented as of t h e
day and year first above written.
STATE of MINNESOTA )
) ss.
cow ' aF HENNEPIN)
e�. BONNIE J. ANDERSON
Notary P0110
Mlnne ota
My E3omm�uian Exp1r J&nuary 31, 2014
Xcel Energy
Attn: Siting and Land Rig hts
414 N•ieollet Mail, MP--8
Minneapolis, Minnesota 55401
NORTIMRN STALES POWER COMPANY
By
Greg P. E an) erlain, Director
Portfolio Delivery & Integration
Xcel Energy Services Inc.
Authorized Agent for Northern States Power Company,
a Minnesota corporation, d/b /a Reel Energy
led ed before me This /'day of
The faregaing instrument was acknvw �
2009, by Greg P. Chamberlain, Director, Portfolio Delivery 8 Integration, Xce1 Energy S rvices Inc as
Authorized Agent for Nor# .ern States Power Company, a Minnesota cotParation-, dlb /a Xcel Energy an
behalf of the corporation.
Page 3 of 4
STATE OF MINNESOTA )
i ) s$,
COTJNTY OF io. h t 3 ' )Y\ )
The foregoing instrntnent WAS ncknow1 1ge4 b09.1P Ong This
2008, by Douglas P. Corblick, , an unmarried person.
JENNI ER M. PINSKI
NOTARY PUEUC w MINNESOTA
My comMintai Expire.) Jan, 31, 1011
t 1
This instrument was drafted by: BAZDJF
Northern States Power Company
414 Nic o llet Mall MP -8
Minneapolis, Minnesota 55401
2008 355
Page 4 of 4
LICENSEE
By
Dough Corblick
of
0,1,14 . of a