HomeMy WebLinkAboutDevelopment Application - Supplemental InformationConskbptaliced4, 9ne,
Scott Richards,
As per conversation with my attorney David Anastasi, I submit the enclosed documents.
Also as we talked the visitors entrance could be accessed via- the entrance off of 60', and
Traveling around either the east or west elevation of the building.
Thank you for your time in this matter, I hope my submittal is sufficient.
Best Regards,
Jeff Hause
1937 South Greeley Street
Stillwater, MN 55082
Tel: (651) 439 -0189 ® Fax: (651) 439 -5085
02/06/2004 11:33 6514298585
5862 Oxkqe, N Oak P4t4 �qe
February 5, 2004
FAx TO Jeff Hause
FAX # 651-337-0167
rely,
Nye, President
Oaks Owners Association
PIONEER MANOR
550
50 #
home 6
PAGE 01
86
cd phate 61Z-839-25Z7
It is the intent of the East Oaks Owners Association to work with you
in the development of Outlot A currently owned by Norvin & Delores
3wager
At a special meeting of the aesociation on August 5, 2003 when your
pIanf8 were first announced to the owners, th following was agreed
upon by general consent of the quorum present at the meeting:
1. If the preliminary plans to use our current turn around as
access to entrance and guest patking, then parking for Rast Oaks
lawn trucks and East Oaks guests should be provided for and the
sharing of street maintenance from East Oaks entrance to
entrance of condominium.
2. Grading of east end of East Oaks property n e 4. to be
addressed to assure adequate water drainage for the lots on the
east end,
3 Work with the City of Oak Park Heights to make Okboro a
public street.
4 Use pine trees and a bum between outlot A, and the north
property line of East Oaks as a sight and sound buffer between
the properties.
50 East Oaks will try to cooperate with the development of
outiot A if the above items are dealt with fairly, openly and in
writing.
This should not be considered a final or legal agreement, but it
shows the intent of the aesociation and our c9ncerns relative to the
development of Outlot Ikand how these plans might affect the
association.
If you have any queStions, please give me a call at either of the two
phone numbers above.
TO: City of Oak Park Hts. Planning Commission
FR: Jeff Hause, (651) 775 -0587
River Valley Rentals, LLP
RE: Development- Concept Approval
DA: December 23, 2003
I am in the process of purchasing Out Lot A from Norvin Swager. The lot is 2 %2 acres in size
and located at the end of 60t St just west of Club Tara. It is currently zoned RB and is part of the
East Oaks CIC. There was a mistake made when East Oaks was developed in that the East Oaks
documentation included Out Lot A as part of the common area thinking it was the access road
from 60 St when in fact the road was Out Lot C which was not included in the CIC. We are /
presently in the process of amending the CIC documents to reflect that Out Lot C is part of the
CIC and Out Lot A is free from any East Oaks CIC restrictions. I am requesting "concept
approval" for the following development:
Information Requirements
a.. Application
1). See application
2). See application
3). Consultant: Bob Turentine, 720 Owens St, Stillwater, MN 55082,
(651)439 -8431
Surveyor: Dan Thermos, 1902 S. Greeley St, Stillwater, MN 55082
(651) 275 -8969
Architect: Architectural Network, 12445 55 St, Lake Elmo, MN 55042
(651) 430 -0606
4). See attached purchase agreement (closing date has been extented to 03/12/2004
5). See attached mailing list and maps
b.. Present Status
1). See application
2). Surveyor exhibit for East Oaks PUD 2nd Addition
3). Surveyor exhibit for East Oaks PUD 2n Addition
c. Market
Phase I: A condominium building consisting of 32 units at a target price range of
$180,000 per unit average. Three stories with 1 4,000 sq. ft. per story and an additional 1 4,000
sq. ft. of under ground parking. An elevator serves the parking and three levels of living. Forty -
five outside parking stalls for condos. Outside amenities in- ground pool, tennis court, and small
picnic area near existing holding pond. Possible enhancing the holding pond. We expect the
demand for real estate under $200,000 to increase as property value continue to rise in this area.
We feel this is consistent with the City's comprehensive plan for mixed use in this area. Being
residential and office space.
Phase II: Office building(s) on 60 Street. One approximately 5200 sq. ft., the other
approximately 2200 sq. ft.
d. Site Conditions
Surveyor exhibit for East Oaks PUD 2n Addition
e. Required Drawings
Surveyor exhibit for East Oaks PUD 2n Addition
f. Dwelling Units and Land Use
Surveyor exhibit for East Oaks PUD 2nd Addition
g. Staging
Phase 1:
Phase II:
h. Open Space
None planned
Estimate start date: September 01, 2004
Estimate complete: December 31, 2005
Estimate start date: May 01, 2006
Estimate complete: June 01, 2007
i. Restrictive Covenants
Consistent with normal CIC covenants, including not limited to, architecture, appearance,
parking and use.
j. Utility Plans
Surveyor exhibit for East Oaks PUD 2" Addition
DEDICATION OF EASEMENT
THIS DEDICATION OF EASEMENT ( "Easement "), made this day of February,
2004, is by and between the East Oaks Homeowners Association, a Minnesota non - profit
corporation ( "Grantor ") and Norvin La: Swager and Delores M. Swager, husband and wife
( "Grantees ").
RECITALS
A. The Grantor is the owner in fee simple of the following described real
property situated in Washington County, Minnesota:
0utlot C, East Oaks Townhomes, CIC 98 East Oak Town Homes - 4/97 East
Oaks P.U.D according to the recorded plat thereof on file and of record in the
Office of the County Recorder, Washington County, Minnesota. ( "Outlot C ").
B. The Grantees are the owners in fee simple of the following described real
property situated in Washington County, Minnesota:
Outlot A, East Oaks Townhomes, CIC 98 East Oak Town Homes - 4/97 East
Oaks P.U.D according to the recorded plat thereof on file and of record in the
Office of the County Recorder, Washington County, Minnesota. ( "Outlot A ").
C. The Grantors desire to convey to Grantee an easement over, under, and across
Oudot C, for the benefit of Outlot A for ingress, egress and utility purposes as hereinafter
described.
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged by Grantors and Grantee, it
is hereby agreed as follows:
1. The above - stated recitals are true and correct and incorporated herein by reference
and made a part hereof.
2. Easement. The Grantors hereby declare that an easement for ingress, egress and
utility purposes for the benefit of Out lot A shall exist over, under and across the following
portion of Outlot C:
The Northerly 262.22 feet of the Outlot C in its entirety.
3. Running of Benefits and Burdens. The Easement dedicated herein shall be non -
exclusive, perpetual and shall run with the land and shall burden and enure to the benefit of the
current and future owners and occupants of Outlot A and Outlot C and their respective heirs,
successors and assigns, including without limitation, tenants, employees, agents, contractors, and
invitees and the employees, agents, contractors and invitees of their tenants and all persons
claiming under them.
4. Obstruction. The Easement shall not be obstructed except as may be reasonably
necessary on a temporary basis, for maintenance, repair, reconstruction, security or other
reasonable and necessary and/or appropriate purposes by the current and future owners of Outlot
A or Outlot C.
5. Maintenance. The current and future owners of both Outlot A and Outlot C shall .
be equally responsible for the maintenance, upkeep, and costs and expenses thereof, related to
that portion of Outlot C bordered by the Basement.
6. Construction of Agreement. The rule of strict construction shall not apply to the
Easement or to the covenants set forth herein. The Easement shall be given a reasonable
construction so that the intention of the Grantors to confer reasonable usable benefits and
reasonably enforceable obligations are carried out.
7. Governing Law. The Easement shall be construed and governed by the laws,
ordinances, codes, rules and regulations of the State of Minnesota, and in such manner as shall
not unreasonably interfere with the rights of others entitled to the use of this Easement.
written.
IN WITNESS WHEREOF, this Easement has been executed as of the date first above
THE FOLLOWING PAGES ARE THE SIGNATURE AND NOTARY PAGES.
STATE OF MINNESOTA )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of February, 2004,
by Norvin L. Swager, husband of Delores M. Swager.
STATE OF MINNESOTA )
ss
COUNTY OF )
Norvin L. Swager
Delores M. Swager
3
Notary Public
The foregoing instrument was acknowledged before me this day of February, 2004,
by Delores M. Swager, the wife of Norvin L. Swager.
Notary Public
This is the signature and notary page to that certain Dedication of Ingress and Egress Easement by
and between Norvin L. Swager, Delores M. Swager and East Oaks Homeowners Association dated
February , 2004.
STATE OF MINNESOTA
COUNTY OF
) ss
THIS INSTRUMENT WAS DRAFTED BY:
Anastasi & Associates, P.A.
6120 Oren Avenue North
Stillwater, MN 55082
(651) 439-2951
SES
4
East Oaks Homeowners Association
(a Minnesota non - profit corporation)
By:
Its:
The foregoing instrument was acknowledged before me this day of February, 2004,
b , the of. East Oaks
Homeowners Association, a Minnesota non - profit corporation, on behalf of the association.
Notary Public
This is the signature and notary page to that certain Dedication of Ingress and Egress Easement by
and between Norvin L. Swager, Delores M. Swager and East Oaks Homeowners Association dated
February , 2004.
03- 04:52Pm ?Oiy* Ti 155143024GO P.0
aftEYSTOM NAL ErrATE aioupA
324 Main fOrittt Salk* Sr= 2:1*
stuktfaier41404 5:3661
4304 t110 mice (651) 430-2 vier
Deis: 41I2,
CONCLLAL
intgattax AuVitsniumT
RECEVIED W a --lehnftWALIsibtliLlAiltilitY
CaccOat "(Ow !tt arts, The &u
DOLLARS pp owned my paid to Seiler upoPt .tioNaptar200 sirld i pert payment fat ei purl:Same 0
,,4 r AL in the Cily of
;ria, CouritY of ittilitriGtA 84410 �f PalnekOad and Ity
tepoeiher W oo f0110ivin9 petsartai property, Alt cd MVO property me
und * emiatie!4 this aokl to the Ruler for the tan
he gayer agreed to pey tit the fo i meneter
Earnest attiney De $ and 4:30 � ot belong
1, MD 1 WINCETABLE TITLE
Sabject to pairformancia by Ote Buffer, the Seiler aCrees execuut lort derivtir
two* dOd wrist/Wog rniticetabla tige to said prerriaees subject Otilly to thgt toilowing 440141eptior:
Butg xonft Paw oilnencets, 'tate arid Federai roquiationii,
(b) *ming to use or imprwerftrit the premises wittclat effective forfe*o*provisitn
(t) " of ofty Minefet* fight* to Ole Ste* ef iliffrbriadoka.
(d) Utt* anc•tivinege easements whictit do not interfere *Intl prasarit invrovernnts,
( Rigtft dtfiments es *Amer
2. REAL ESTATE TAXM
Iteetintate *Pe lave pod pikottle in ftie year of dosing alai be pmeated heteen Selot and Bow OP
'der year hulks to too actual did. af cg unioss othstivrise pi In ihia Real
eAste tipleti Payable an Ihe yeltra prior to cinsirig 0 be Od by SG Read iota* ttim lows
itubsOluent b dopht, thstil ba p
gireaAL. ASSOMEN
IBINER AND SiMert SHALL PRORATE AS Of Ti-e DATE CIO et.Oratie oci the ** acreno
imitakroirts . f asigasainesits ortlified fttr parboot wifh Ma real fioUto teass d* Orid mob% Fr
tw year re dosing.
SELI.R WALL PAY ON DATE OF CLOSING al other awls., auessmothi d a4g at the, dm% of
It* Agreer*t.
swan 31LL AssumE swim avileetrnents pendng se ce the data thi Arsernent for
itui have bOet) ortioted by the City catitinci4 or other governmental auttorttios,
(Senses Pmfiliclit: ter porymeni slug be by Nyment 1n1 **crow of 1412 tints the smount ttr
asietsimenie9. if epeeist asseesennerti becornos pending wow the date of this and
before.the titigte et &Ming, eatior may, at Buyer's vtiori:14) Assurno pirserrtent onto ac1 simeSsmorrt
wittVoul adi4Ime411 the punch/Ise pr id* or (1)) Require Saar pfiri the speck, a sitriment (or
ilisCnvi for piretnent a sum squat tv 1 1 iirnel thE proieeted pending barsournerd) and ijtr Mal pay
a coalfrignstirste Inc:raue h the purchsas Oft Of the pilapeilly WhiCtt irtaliSets shell be the same xes
1 ?A -Fos emila [Aid Vitcr VgrefiAtmOikd 17 al
2 3--- 7S4 c - 72P
hti
•
.. REPROGENTATIONS AND WARAANYrok aike attached adriandorn,
10 1E3 43 24 J P. !AW
' otirrultad amount of the .; r (C) declare this Agreement nun sulei old by r & G Seiler,
anil Three Thad Ctitor4 MAW) of the earrem money shall be refimied to Ewes. Seib' stitei pay
on date of Iry any deformd reel ester rims r eia# sasearlents payment of * N a* required
as ap at the crosifig of this safe,
4. PRORATION&
M items ou pngated d stliood With the clotting crY t property weir incluan
Ott not iiirrtfood ba mots, Aperew getW1SeS, 'monist or arty debt assurnod ' SwF'', pt
ea of the d of e It Moir be atieurned Ittitt the Bolter Mil twin the pPe for entirm diMe 01
the dosing,:
7.. POSSEECIM SeNer :NO k1 the prownly o f d
OAMAGp3 TO REAL Rte';
ibeis ;am loss or d agis io the omperty between the data hefand the dere *losing, fii
reason, risk ( loft ?tug be on Ole two r 'ir labscinitteiny imaged
the Opoitig, the Puithstse Agreomertt Mall null and void, act " uyee's apilon . Wyse stile
• holm ae Nht to terminate te Purchaes agreennerrt \ 30 clay$feet" Sea nodrisi Buyer o` such
derma. 4m Odd taminaition euarliAvgt rngnay shaft by refandatid to Stivve and tilioyer a4 Seiler
woo ks 3ign a oamellation of purer
EXAMNA.TION .
$ttal1 Ii a ressormbie after tiarceptzeleis O f 's Agee ftAmish iyttwi sin Abeam
benkreptdow and simile and I flocionsi itidgirtenttc km, and Fended and ft .
Suyetr shall; tutyis tar; (10) business d r reeelpt of Ste AZAirsa Tido r Peektered Property
Abated to 'axenNirps and ma , !Ankh shy be in Mittlo dotAnied -ii, MOYER
AG R EES .TO ACCEPT AN owt4fills Tine POLACY IN THE FUG.. AMOUNT OF T E PURCHASE
PRiCe lila.) OF AN ABSTRACT OF TITLE IF THE PROPERTY * SUBJECT 0 A MASTFA
ABSTRA6T OR IF MO T' OF Tr112 IS T 1 IN '�LE '° POSSESSOR OR CONTROL If BOON'
tO receivia such policy (1) the title averninaftn ptificicf shall cOnwnetwe won Buyitr' receipt � '
�t commitment and (2) Salter shall pay the r it no
policy if 4 laftilers policy is obtained t cliaa Pay the Preffnitim tor NW. if pry
affection ke so maids, Sotto shall have t ( busing= days from rt c �* t
objection* 'to notify Buyer of �_ is Ikon make } days fi
Seam's rt if � � objection( s). W riodovil given, payments heirountier ._ shag be
imitporoxi perictlek0 correction of tip, but upon OcuTection t and with* 4& i (I0) atter w1t
right* Eitiyet peril's shag. pei1tm ft* Purer Agrelarnent according 00 ihs tom. it no such
notilse is gif4tri o"if notiosis given Ind ffle is rot witiln the Sewprvided roir,Si* gxwattaciet
141611 bent/ and wed, at ti of euyer, . nellew patty shall Rift for manage* hfreurwler to the
Critter AM' money stud be rellinded Puyeri fluyer nod Setter *VIM to wnoeittion of
Pub Agrosonwt
imiE Is OF THE ESSENCE FOR ALL ,PROVISIONS Of 1141$ CONTRACT,
10. WEB. IlltSCLOSUM STATIMENT
tvotived the web crirsdosure otftiv abil mtquirttd b►y Mimosas Statues sec. ICizvf,23L
23-3e-2794 0 52PM
fittf4R Atel 3LM 10,11111,AL: Buyer(s) LL Satio(s)
11, Aceritin* macho is Rep L Exit:Sept whicii are mad* mei e Amernont.
12, WilSr;EILLANEOUS MOVISIONS:
(a) Survival/4 Ail *if th e kkelirsrefieg, reprisematiors sod covamigres of this. Awfienial A4413 minima
a4.0 be petforaittfe sflEr the clositv,
(b) Entfivi Lareemeint; 1411041inationi This agreement coreftnets the 11111Pett, Agiethivent betimeeen
It pr* anti auperntedes any prior oral or writtert agnserneinh tmzittkeer pveidots regarding
ttpli Msty. There arm rtt vorbel egreanents tot oforve th&4 Aorttement Ind i no waiver otarty
ffs tatme AO be effective trims k w exilakted taY the Par
Stioceases. and Assigns. If Ittie AgreeMeni IS OfiSigroad, B provisizcz to this Aigr tthe4
succettsors and asst.
1 ACCEirTANCE LittfifiLINIE:
This offet tb purciutve Lin/ass sccepted sooner shad be twit and vgid et 1i Pit co ,
12111 _,ItiarkZaLarrit SUVA evert sa tamest money shelf! be railltrietd Ouyer.
ftd - n—igAttgLQCSOIStatElitCWBEC6a2 RePreSents - SELLER
vent compatte
NOTICE
i& EROKFR NOME AND DISCLA/Ailet (PLEASE READ CAREFULLY)
As D3 PZireilitS0r: By %ping tit agreernortt, Purchaser heviby mciwowiedges that Ptio is re4ying
coN0y or OW11140601 eNVII *icipettiOri of ttlif property IOW tha ilipreseittlyikm thortr rat of te
Sfoker, rOth *ant to the' ptior operaffrio history of ti prorwriy, yakve kttteta b4t4rtg
ptothased Ind efthet material fart* of Mt Seiler in inativ Nit offer Purchattar actinatvtem tPt
tie Broker: h3* not wined, and wif net *wry the rekorasentektitw at the
d* an-0 istouid anlr suet reproaiintsedima be untrue. Purchtmeir Nyinet to look to Setter for
'OW and: to Indivrnnify aroker and ct Woicer histmlosz in connection WM all arid Mirativos
compeci Ptirthatabr threty.
As To S4iivs: SOK atelmow0eriges that Biokav has 171040 no rvirefraerttAlkyls cancerhing the cmcfri-
worthinese; !Or HMI* of PlectIiMi to comma% titis transaction, and relies $4:44 ors Purcreawr
mapeeaveritvthoos kind nCrt Brafff, itspeal ffistato, Puittwor and Seller indiv4tuary ocktowteits
r9mipt of a - 0oiry. cf thts agreement Broker hes Irovided this Pith ow Aoreetytenii torn as tervirsta
kat n scihtstittg the sae, DA to pfavicki legal acivide,
TO
Bwe. O# 4soi Ittwir ittelkth
124:
THIS S A Liiii3ALLY CONTRAQT, 1F NOT UNDEROMOD, ettER COMPETENT SRC E.
Wok's' not stufbosited to givitlevi advfen.
nt* D m* The Atc:eptultxt Dote shall be the Lfir Of the Aottocrtancs Niles set krth Wow:
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