HomeMy WebLinkAbout2001-04-13 CA Ltr to OPH Re Jacobs Second Additon PlatLAW OFFICES OF
Eckber Lammers, Bri Wolff & Vierlin P.L.L.P.
1835 Northwestern Avenue
James F. Larnmers
Stillwater, Minnesota 55082
Paul A. Wolff
Robert G. Br1
(1944-1996)
Mark j. Vierlin
Thomas J. Weidner
(651) 439-2878
------------------------
L J. Eckber
Susan D. Olson �
FAX (651) 439-2923
Of Counsel
David K. Sn
* Neutral Arbitrator
Timoth M. Kelle
Writer's Direct Dial: ( 651 ) 351-2118
*Certified Real Estate Specialist
-�-Qualified Neutral Mediator
April 13, 2001
( 651) 439-0574
VIA FACSIMILE & U. S. MAIL
Ms. Kris Danielson
Communit Development Director (� � � � � � � ( (
Cit of Oak Park Hei
14168 Oak Park Boulevard �
P.O. Box 2007 APR 16 2001
Oak Park Hei Minnesota 55082
..J
Re: Plat of Jacobs Second Addition
Dear Ms. Danielson:
I received materials faxed to our office from Ms. Jean Schuldt relative to this
propert said materials consistin of a warrant deed referencin the transfer of this propert on
April 10, 2001 from Jacob Holdin of Stillwater, L.L.C., a unlimited liabilit compan to Pon
Express Auto Wash, L.L.C., a limited liabilit compan I have also received from Ms. Schuldt the
m on the Jacob Second Addition which referenced the execution and approval of the Jacob
Addition Plat as presented to the Cit b the surve and b the Cit at this sta but b no other
parties.
Ms. Schuldt has Wouired as to whether or not the ma be. pel.initted to chanap thj�
.& 3 %.� %./
current name on the plat to Pon Express Auto Wash, L.L.C., a Minnesota limited liabilit
compan without havin the m resi
Since Minnesota Statute § 505.03 Subd. I clearl provides that the plat shall be
si and acknowled b the owner, and that the present owner is now Pon Express Auto
Wash,, L.L.C., with the plat m ori prepared for the si of then-owner Jacob
Holdin of Stillwater, L.L.C., that portion of the m must, in fact, be chan to reflect the
current si of the present owner.
As it affects the proposal to chan the name of the plat at the present time, the Cit
Council of the Cit of Oak Park Hei has, as of this date, issued a Conditional Use Permit to
Pon Express Car Wash, L.L.C. referencin the title of this propert and has conditionally
Ms. Kris Danielson
Community Development Dire
April 13, 2001
Page 2
approved a Resolution vacating the former easements for drainage to the City previously contained
within Lot 2, Block 2 of Jacob Addition predicated and conditioned upon the rededication to the
Cit y of new drainage and utility easements within the plat of Jacob Second Addition. A
modification of the name of the plat of Jacob Second Addition to a new name i.e. Pony Express
Auto wash, L.L.C., a limited liability company, or other name, would require a modification and
chance to both the Conditional Use Permits and Resolutions vacatin as previously approved by th e %-
Cit y. For that purpose and. given the fact that the current fee owner has not yet signed nor is
p displayed on the mylars that we received, it would be my recommendation that, if indeed,
y p
the current owner wishes to change the name on the mylars on Jacob Second Addition to some other
name, that they resubmit new mylars to the City and request the City modify both the Conditional
Use Perinit and the Resolutions previously issued to correctly reflect the name of the plat that they
now seek to implement and pay the appropriate fees therefor.
I trust that this correspondence will respond to your questions and those of Ms.
Schuldt but, if not, please feel free to contact me directly. --°�
MJVldcb
cc: Jean Schuldt, Kaplan, Strangis and Kaplan, P.A.