HomeMy WebLinkAbout2007-04-23 OPH Ltr to Applicant & Lowes Re Overhead Power Lines..... . . . . . .
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`�k',At 01 ax Park flel'
111168 Oak Pwfk Blvd. N o Box 2007 o Oak Park Hei NIN 55082 @ Phone (651) 439-4439 o Fax (651) 439-0574
April 23 d , 2007
Jothin Golderman
Director of Development
CSM Corporation
500 Washin Avenue South, Suite 3000
Minn.e,-a ININ 55415
and-
Robe rt Fie bi 111 EI
SI-ke Development M
Lowe's Companies
Mid-west Re Real Estate Offitice
1952 McDowell Re,,-ad, Suite 101
Naperville, IllinoIS 60563
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R- El: Overhead Powerfines - STH 36Fro e for - 60U` Street
(31 01n. - t I e ff I C 11 �
OD Se- 21", 2006, I Iliciad provided to y our offices a RELEASE of the STOP
WORX� ORDER that released, y ou, iffif a pe-viod of 8 months, from -the i° e of the
buy is o he ove-ichead distribWtion lines that abuts y our properties (see attached raap) to
the no-ir-th. As y ou 1 o -his is a re imposed as a, con-dition on this development.
To these distfibution lines have not been buried r,-md therefore the Cit is now g oij.-I g
to -rc-insfitutte addltioinad measures to cause these lines to becorne buried. Accordin the
Cit will wit h hold all oWtst�iriidln balorri-ices until such lines 1 corne buried, b y ou or y our
a
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An alternative option for y ou at this time and which would avoid these enund4ions, -tvouid
be to a to ca fo-ture special assessment wheri, the Cit decides to inniplement such
distributloin fine buj:jal and/oi, be re to facilika.te such action as a result of, or in
con j -7u-ilotl oil v/ 11, a MnDO T oi� Y"'cel JE�ner prujoc-t. -V4Paen and -I-[' -khese cu o-1-11d"A"Olon's woudd,
ever af 1 se is presentl undo"-cr-unined.
B si the enclosed document, "100% Petition for Improvements" the Cit will have
the ,auAborization to assess these four properties at such Future time. Once 1 have received
back the enclosed document properly executed and returned from your offices I can then
delete this item from any remaining punch lists.
Pled lqf/}fe know if you have any questions.
W,;W
Er' 6 h son
ty Administrator
Cc: Mark Vierling, City Attorney
Jim Butler, Building official
Julie Hultman/ Planning File
City Council Members
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Return to:
Eekberg, Lammers, Briggs,
Wolff & Vierling, P.L.L. P
Attn: Mark J. Vieriing
1809 Northwestern Avenue
Stillwater, Minnesota 55082
(651) 439 -2878
100% Petition for Improvements
100% PETITION FOR IMPROVEMENTS
CSM Equities LLC., a Limited Liability Company, being the owner of all
of the real property being legally described as
"Lots 4, 5, & 6, Block I. of Oak Park Commons, according to the recorded plat thereof
on file and of record in the office of the Registrar of Titles in and for Washington County,
Minnesota
and
Tax Description for 0502920110042
Sect -05 Twp-029 Range -020 NE 114 -NE 114 BEING WEST 3 OOFT of EAST 1013FT OF
NORTH 325FT OF SD NE 114 -NE 114 AS MEASURED AT RIGHT ANGLE To EAST
LINE & NORTH LIFE SUBJECT TO EASEMENT OF RECORD 46
hereby petitions the City of Oak Park Heights, Minnesota, to undertake without a public hearing
under Minnesota Statutes, Section 429.031, the following improvements affecting said lands as
provided for in the authorizing Resolution of the City of oak Park Heights approving Petitioner's
development as follows:
"Bury the overhead distribution lines along 60 Street Forth now located upon and/or
affecting this property. The timing of that improvement shall be coordinated with the
burying of distribution lines along both Street North as may be required by the City. The
Petitioner shall escrow sufficient funds, as and when specified by the City Engineer, to
complete the improvement and/or agree that the City will complete the work and petition
for the public improvement, waiving notice of public hearing and assessments, as
required under Minnesota Statute 429."
and to assess the entire cost thereof against the above described property. Petitioner hereby
acknowledges by its signature hereto and on behalf of itself, its successors heirs and assigns,
acknowledges that it waives any and all statutory notices otherwise required under Minn. Stat.
429.031 and waives and release it's right to notices of assessment hearing under Minn. Stat.
429.061 and waives and release it's right to appeal there from under Minn. Stat. 429.081.
CSM Equities LLC.
Its
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON)
On this day of , 2007, before me a Notary Public within and for
said County, personally appeared - , the of
CSM Equities LLC. to me known to be the person described in and who executed the foregoing
instrument on behalf of CSM Equities LLC. and acknowledged that he/she executed the same with
authority from CSM Equities LLC.
Notary Public
(Notary Seal)
I hereby certify that I have examined the above petition y Y on and appropriate real estate records and
find that said petition is in proper form.
CITY OF OAK PARK HEIGHTS
Eric Johnson
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
Can this day of - , 2007, before me Eric Johnson, to me personally
known, � J � being b me duly sworn did say that he is the City Administrator of the City of Oak Park
Heights the munic corporation named in the foregoing Instrument; and that the seal affixed to
said instrument is the corporate seal of said corporation., and that said instrument was signed and
sealed on behalf of said municipal corporation by authority of i ts City Council and said
g
Administrator acknowledging execution of same, to be the free act and deed of said municipal
corporation.
Notary Public
This Instrument Drafted By:
Mark J. Vierling
ECKBER.G, LAMMERS, BRIGGS,
WOLFF & VIERLING, PLLP
1809 Northwestern Avenue
Stillwater, MN 55082