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Home My WebLink About2000-05-09 CUP 2nd Amendment - Ropes Course Hours (2000-08-01 WC Recorded Document 3114722) 3114722 I U U Office of the County Recorder NOTICE OF CERTIFICATION Washington County, MN Certified filed and/or recorded on: 2000/08/01 9:58:00 AM STATE OF MINNESOTA J LLiz/ /��, Ca + 4(5 3114722 " corny Recorder COUNTY OF WASHINGTON ) ss. /9 .� „ CITY OF OAK PARK HEIGHTS) �r I I, the undersigned, being duly qualified and acting as Secretary for the Community Development Department of the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document: Second Amendment To the Conditional Use Permit For Stillwater Area High School/Independent School District No. 834 with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete copy of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City of Oak Park Heights, this 11` day of July, 2000. j -,,, : Jul' A. Hultman, Secretary Community Development Department ry as , s14, � ;, r { , , (te r I 1 • •'' CITY OF OAK PARK HEIGHTS SECOND AMENDMENT TO THE CONDITIONAL USE PERMIT FOR STILLWATER AREA HIGH SCHOOL/ INDEPENDENT SCHOOL DISTRICT NO. 834 File No.: Original Date Issued: 12/10/91 First Amendment: April ,1999 Second Amendment: May, 9,2000 Legal Description: (Washington County Geo. Code R06.029.20.41.0002 ) See Exhibit "A" attached hereto Owner: Stillwater Area High School/ Independent School District No. 834 Address: 1875 South Greeley Street Stillwater, Minnesota 55082 Present Zoning District: "0" Permitted uses set forth in Ordinance 400 Section 401.01 et. seq. I. CONDITIONAL USE PERMIT FOR: All uses shall be subject to the following conditions and /or restrictions imposed by the City Council of the City of Oak Park Heights. General Description: 1. Amendment to that certain Conditional Use Permit issued to Independent School District No. 834 and dated December 10, 1991, which is incorporated herein by reference and reaffirmed in whole except to the extent that it is modified within this amendment. 2. Second amendment to the Conditional Use Permit of 12/10/91 amends the hours and times of use of the Ropes Course facility effective May 9,2000. II. ADDITIONAL RESTRICTIONS AND PROVISIONS. The following additional restrictions and provisions being part of the First Amendment to Conditional Use Permit issued herein is: Amending said Conditional Use Permit dated December 10, 1991 for the Stillwater Area High School /Independent School District #834 to permit and allow the ropes course ae an accessory use subject to the following conditions: a. That access to the ropes course be maintained year round for emergency vehicles; b. Gate to the ropes course shall be closed and locked at all times when the facility is not in use; c. Installation of any future lighting at the ropes course shall require approval of an amended conditional use permit by the City Council; d. Any changes to the ropes course, including structures, fencing, access or security measures, shall require approval of an amended conditional use permit by the City Council unless the City Council amends the conditional use permit to exclude recreational structures from its application; e. The hours of operation of the ropes course shall be established as Monday thru Friday, from 8:00 A.M. until 8:00 P.M. or dusk whichever occurs earlier; Saturday from 8a.m. to 6 p.m. or dusk whichever is earlier, with no use allowed on Sundays,or legal holidays(Second Amendment) f. The final landscaping plan to be implemented on the ropes course site shall be subject to the review and approval of the City Arborist; g. School District personnel shall work with City Police and fire officials in training for potential rescue activities for the ropes course. All further use of the ropes course shall require written approvals from the Police and Fire Chiefs that adequate access, safety and rescue plans are in place for the ropes course. h. Annual review should be imposed as a condition of this conditional use permit to assure compliance and provide a mechanism to deal with any issues that may arise affecting the use of the ropes course vis a vis the neighboring properties in the future. III. REVIEW Pursuant to Order of the City Council of the City of Oak Park Heights, a periodic review of this First Amendment to Conditional Use Permit is imposed as a condition of its grant. This Conditional Use Permit shall be reviewed annually at the Direction of the City Clerk, which shall notify the permit holder of the date of the annual review at least ten (10) days prior to the review hearing. IN WITNESS WHEREOF, the parties have set forth their hands and seals. CITY ; OAK P HEI HTS Date: 67 2 ) /00 By • 7 David Schaaf Mayor Date: 6 / L% /o v By \ vti -- `�.� Thomas Melena City Administrator Date: BY A . A.lJL A.p iiipip t Holder If Date: BY 4 �5 ' _ __ - SA 1 I i i i i b. w -A Appl'c_nt /Permit Hol.- EXHIBIT "A" That'part of the Northeast Qpi.hcter of Section 6, Township 29 Nr h, Range 20 West, Washington County, Minnesota, describe , a follows: Beginning at the Northaaat corner of the South 496.00 feet of said Northeast Quarter, as measured at a right angle to the South line of said Northaaat Quarter; thence South 88 'degrees 45 minutes 42 seconds West, assumed bearing, along said North line 2342.42 feet to ' the eentor line of Trunk Highway 5, a* presently located and traveled; thence North 34 degrees 17 minutes 12 aeconds East along said center lino 536.45 feet; thence South 55 degrees 42 minutes 48 seconds East 278.00 feet to the North line of the South 771.07 feet of said Northeast Quarter, as measured at a right angle to said South line; thence North 88 degrees 45 minutes 42 seconds East along said North line 1800.79 feet to the East line of said Northeast Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 275.07 feet, more or loss, to the point of beginning, containing 14.79 acres, more or lesa. Subject to Trunk Highway 5 along the Northwesterly 78,00 feet thereof and subject to restriations and easements of record. Together with an easement for the purposes of construction, installation, maintenance and repair of utilities under, upon and over the Easterly 30 feet. as measured at right angles to the Easterly line thereof of the following described property' That part of the Northeast Quart of Section 6, Township 29 North, Range 20 Weat, Washington County, Minnesota, described as follows: Beginning at the Northeast corner of the South 771.07 feet of said Northeast measured at a right angle to the South line of said Northeast Quarter; thence e South 88 degrees 45 minutes 42 seconda Weat, aesun►ed bearing, along said North line 1800.79 feet; thence North 55 degrees 42 minutes 48 aeconds West 278.00 feet to the center line of Trunk Highway 5, as presently located and traveled; thence North 34 degrees 17 minutes 12 seconds East along said center line 1185.28 feet to the South line of the North 801.66 feet of said Northeast Quarter as treasured at a right angle to the North line of said Northeast Quarter; thence North 89 degrees 54 minutes 56 seconds East along said South line 1383.19 feet to said East line of the Northeast Quarter; thence South 02 degrees 00 minutes 03 seconds East along said East line 1017.03 feet to the point of beginning, containing 41.20 acres, more or less. Subject to Trunk Highway 5 along the Northwesterly 78.00 feet thereof and subject to restrictions and easements of record. AND That part of the Vest Half of the Southwest Quarter of Section 5, that • the Southeast Quarter of Section 6, that part of the Northeast p rt of Southwest Quarter of said Section 6, that part of the Southeast Quarter of the Northwest Quarter of said Section 6 and that part of the Northeast Quarter of said Section 6 all in Township 29 North, Range 20 Kest, Washington (Jaunty, Minnesota, described as follows' Commencing at the Southeast corner of said Went Half of the Southwest quarter of Seotlon 5; thence North 01 degree 48 ninutos 09 eeebnds West, assumed bearing, along the East line of said West Half of the Southwest Quarter a distance of 1733.20 feet to the point or beginning; thence South 89 degrees 50 minutes 41 seconds Weat parallel with the South line of said West Half of the Southwest Quarter it distance of 1321.39 feet to the Westerly lijte of said Nest half of the Southwest Quarter; thence 88 degrees 54 minutes 15 seconds Weat parallel with the South line of said Section 6 •'distance of 3332.47 feet to the center lino of Old Trunk Iligliway' 212 as located and traveled in 1923; thence 'North 33 degrees 26 minutes 30 seconds Rapt along said center lino 996,03 tence North 34 degrees 17 minutes 12 seconds Eaet along said center line feet; to the North line of said Northeast Quarter of,the'Southwost Quarter; thence South 88 degrees 45 minutes 42 seconds West along said North line 3.69 feet to the center line of Trunk Highway 5 as presently loeeted and traveled; thence North 34 degreen 17 minutes 12 necottda Enot along said renter line 609.44 feet to the North lino of the South 496.00 foot of aald Northeast quarter; thence North 88 dogreea 45 minutes 42 seconda East along said North line 2342.42 feet to the East line of said Northeast Quarter; thence South 02 degrees 00 minutes 03 aeconda East along said East lino 496 feet, more or less, to tho Northwest corner of said Weat Halt of the Southwest Quarter: thence North 89 degrees 46 minutes 17 seconds East along the North lino of said West Half of the Southwest Quarter a distance of 1324.32 feet to the Northeast corner of raid Weat Half of the Southwest Quarter; thence South 01 degree 48 minutes 09 seconds East along maid Last line of the West half of the Southwest Quarter a distance of 910.86 feet to the point of beginning. onsiffilssgennwerirN — EXIIIBIT "A" /"• • ' EXCEPT that part thereof being Ino F tt� o t aounty described koo Recorder, Washington Co recorded and on file in .the office Minnesota. Subject to Trunk highway 5 along the Northwesterly line thereof. The total area of this parcel is 118.00 acres, more or less. Subject to restrictions and easements of record and sul,joct to n drainage and pending easement over that part of the Northeast Quarter of Section 6, Township 29 North, Range 20 West, Washington County, Minnesota lying Easterly of the Easterly right of line Trunk Highway 5 described aa follows; ; Commencing at the intersection of conter line of said Trunk Highway 5, as presently traveled, and the South line of the North half of said Section 6; thence North 34 degrees 17 mlnutea 12 seconds Rant, assumed bearing, along said center lino 288.78 feet to the point of beginning; thence South 55 degrees 42 minutes 48 seconds East 85.00 feet thence South 11 degrees 42 minutes 48 seconds East 115.00 toot; thence South 84 darreen 42 minutes 48 seconds East 110.00 [net; thence North 00 degrees 2L u►inutea 42 seconds East 248.93 foot; thenne North 55 degrees 42 minutes 48 ascends West 125.00 feet to said center lino; thence South 34 degrees 17 minutes 12 aoconda West along said center line 160.00 feet to the point of beginning, containing 0.71 acres, more or lase. AND Outlot 'A' and Outlot 'B', Kern's Education Addition, as platted and on file and of record in the Office of the County Recorder of Washington County, Minnesota. 2 @ Lft _ v,, LAW OFFICES OF C rr1 2 9 7"H _ SF t Eekherg, Lammers, Brigs. Wolff & Vierlin •' , � . 1835 Northwestern Avenue Stillwater. Minnesota 55082 Paul wow lames I:. Lammers RoIer1 G. Ijric{c{s* (651) 439 -2878 (1944-1996) Mary •J. V;erlhng.• t A X (651) 439 -2923 Gregory G. Galler L •l. I:cIC6er Thomas .l. Weidner** Direct Dial No.: (651) 351 -2118 Of C<,••sel Susan D. Olson• *Qualified Neutral : \rb trat�,r David Sn September 27, 2000 *C ,i,f,ed heal Estate Specialist •Qualified Neutral Mediator Ms. Julie Hultman Community Development City of Oak Park Heights 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, Minnesota 55082 Re: Independent School District No. 834 5 r J 0 ( a ' ' 6i0L Dear Julie: Enclosed herewith for your files please find the Notice of Certification regarding the Second Amendment to the Independent School District No. 834 Conditional Use Permit. This document was recorded in the office of the Washington County Recorder on August 1, 2000 as Document No. 3114722. If you have any questions or co -nts or require any further assistance with regard to this matter, do not hesitate to cont. e directly. Yours v: tru , MJ. Vierling MJV /sdb Enclosure