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HomeMy WebLinkAbout2004-01-29 CA Ltr to OPH • • ' 'LTC W . ao 3 /'. 2004 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. Lammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916 -2003) Mark J. Vierling •4 (651) 439 -2878 Thomas J. Weidner •+ Paul A. Wolff Susan D. Olson + FAX (651) 439 -2923 (1944 -1996) David K. Snyder Timothy M. Kelley Writer's Direct Dial: (651) 351 -2118 Sean P. Stokes •Qualified Neutral Arbitrator Baiers C. Heeren *Certified Real Estate Specialist Laura L. Domagala +Qualified Neutral Mediator January 29, 2004 Mr. Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Re: S &C Bank Application for Minor Subdivision and Condominiumizing Existing Building into 2 Units Dear Mr. Johnson: I have reviewed the application and supporting materials provided by the applicant relative to the above - referenced matter. I have no objection to the City granting the request to condominiumize the S &C Bank building, subject to the following requirements: 1. That the applicant produce either a title opinion or a title commitment or other verification of the status of current title, depicting current fee owner and outstanding liens and encumbrances against the building and property. 2. That the applicant supply a proper plat or mylars relative to the Common Interest Community #235 that they wish to create, with appropriate places for signatures of current owner and encumbering interest against the property, in addition to the other statutory executions that need to be on that plat. 3. The applicant has informed us that, notwithstanding the condominiumization of the building, they do not intend to have separate utilities to Unit 101, which is being created by the condominium and minor subdivision application. Thus, a condition of the application will • • Mr. Eric Johnson January 29, 2004 Page 2 have to be that the fee owner and their successors, heirs and assigns will be directly responsible to the City of Oak Park Heights for payment of all outstanding utilities relative to the property, it being understood that the City will not have to create a separate billing entity or item for Unit 101, within its database, for utility billings. 4. I have reviewed the proposed draft of a Common Interest Community #235 declaration. We will require that a completed copy of that document, in substantially the same form as provided, be fully executed with a copy provided to the City as part of the final permitting in this process. That document will also have to be amended to reflect that all utility billings for the City of Oak Park Heights will be billed directly to Unit 100, who will then prorate or collect from Unit 101, its fair share of such billings. Not withstanding that process, Unit 100 will be solely and exclusively responsible to the City of Oak Park Heights for payment of all municipal utility billings incurred on the premises. If you have any further questions with regard to this mat - ease feel free to contact me directly. Yo - , ark J. Vierling MJV /mkr cc: Scott Richards, City Planner David Anastasi, Esq.