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HomeMy WebLinkAbout1993-09-27 CA Ltr to Barry McKee • • LAW OFFICES OF - V ECKBERG, LAMMERS, BRIGGS, WOLFF 8: VIERLING 1835 NORTHWESTERN AVENUE STILLWATER, MINNESOTA 55082 LYLE J. ECKBERG (612) 439-2878 JAMES F. LAMMERS FAX (612) 439 -2923 ROBERT G. BRIGGS PAUL A. WOLFF MARK J. VIERLING GREGORY G. GALLER KEVIN K. SHOEBERG THOMAS J. WEIDNER September 27, 1993 SUSAN D. OLSON Mr. Barry W. McKee 324 South Main Street Stillwater, MN 55082 Re: Your Client: Swager Bros. East Oaks P.U.D. Our Client: City of Oak Park Heights Our File No.: 1501 -1346 Dear Barry: I have reviewed your proposed draft of the By -Laws and Declaration of Covenants, Restrictions and Easements for East Oak Homeowners Association. The By -Laws are in large measure format and the City has no major objections thereto. As it affects the Declarations of Covenants, etc., you should be aware of the following requests for clarification and changes which are now being made: 1. The City needs a better understanding of exactly what is and what is not going to be included into the definition of common property within the Declarations. I would ask that you specifically refer to the amended site plan of East Oaks Addition and advise us as to whether or not all of Outlot C, including the road, is intended to be included into common area and what portions of the Lot and exteriors of buildings is anticipated to be included within the common area definition as well as other amenities and areas within the plat. 2. I refer you to Article 7, page 13 of your proposed Declarations which references an Exhibit A which was not attached to my draft of the Declarations. I would ask that you forward me a copy of such proposed Exhibit A describing additional lands and also identify its location. The Article should also be amended to reflect that no such annexation as implemented by the Declaration would be effective until approved by the City of Oak Park Heights under the Amendment to the Planned Unit Development procedures as set forth within the City Zoning Ordinance. That would, of course, also apply to the provisions of Section 2 of Article 7 which preserve the possibility of annexation of additional real property to the Planned Unit Development. . . Page 2 September 27, 1993 To: Barry W. McKee Re: City of Oak Park Heights /Swager Bros. 3. I refer you to Article 9, page 16 and 17 of your proposed Declaration which speaks to easements. There is no mention as to the easement which I understand will be reserved to the City of Oak Park Heights for access and ingress over and across the street to be constructed to serve this particular Planned Unit Development. We would also require that the Declarations indicate that the governance association in charge of this Development would have the authority to convey the street right -of -way in its entirety to the City of Oak Park Heights upon request. The provisions of that section should also require the association governance to make that conveyance to the City of Oak Park within thirty (30) days of receiving a written request or demand from the City for the conveyance of the roadway to the City as part of the City street system. 4. Article 10, page 19, Section 4, page 20. I draw your attention to the amendment section of the Declarations as they have been drawn and advise you that it will be the requirement of the City of Oak Park Heights that the language be adjusted to reflect that no amendment to the Declarations may be implemented so as to recreate a nonconformity with the City's existing zoning and subdivision ordinances as of the date of the amendment and further, that any such.amendments as proposed must be approved by the City Council for the City of Oak Park Heights before they may be implemented should they alter or change any of the conditions or terms provided for within the PUD permit as granted by the City of Oak Park Heights. 5. Article 12, Miscellaneous. We would require that as it affects restrictions on use, an additional paragraph be added to the proposed Declarations that will provide that any activities which are prohibited under the Ordinances of the City of Oak Park Heights, shall also be prohibited activities and uses under the terms of the Declarations of Covenants. Of course, a development agreement will be required as part of the Planned Unit Development approval, if such approval is granted. That Planned Unit Development Agreement will be drafted by this office and submitted to you as part of the final approval process. • Page 3 September 27, 1993 To: Barry W. McKee Re: City of Oak Park Heights /Swager Bros. In the meantime, either you or Mr. Debenedet I assume are making contact with the Minnesota Department of Transportation to receive permits to connect the roadway system to the existing frontage road roadway which abuts this property. The City of Oak Park Heights will not be in a position to grant any approval (final) on this property until such time as the Minnesota Department of Transportation access permit connection permissions have been received that allow the connection of your proposed roadway system to the frontage road now serving Trunk Highway 36 as it affects your client's property. I am further presuming that the balance of what is denoted as Outlot C in the southwestern section of this property will, for purposes of the development agreement, be declared to be unbuildable to the extent not utilized as part of this development. I am further assuming that the portions of Outlot C so denoted as well as the roadway system, which are also labeled to be Outlot C on the revised plans that I have within my office, will be entitled with the governance association which you have denoted to be the East Oaks Owner's Association. If my understanding is incorrect in that regard, please advise. Very truly yours, Mark J. Vierling MJV:sms cc: Scott Richards La Vonne Wilson