HomeMy WebLinkAbout2004-03-08 CA Ltr to OPHLAW OFFICES OF
Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P
1835 Northwestern Avenue
James F. Lamme
Stillwater, M innesota 55082
R o b ot G. Bri �
Marl, J. V
(651) 439 -2878
1'ht3mas J. NX/eidner
l� (651) 439 -2923
Susan D. Ols on
David K. Snyder
Timothy M. Kelley
Writer's Direct Dial: (651) 351 -2118
Sean P. Stoles
Balers (:, 11men
Laura L. D omagala
. Jo shua D. Christetlsen
March 8, 2004
Mr. Eric Johnson
City Administrator
City of oak Park Heights
14168 oak Park Boulevard North
P. o. Box 2007
Oak- Parr Heights, Minnesota 55082
Lyle J. Eckberg
(1916-2003)
Paul A. Wolff
(1944µ1996)
+Qualified Neutral Arbitrator
*Certified Real Estate Specialist
� C )ualified Neutral �\
Re: Minor Subdivision and Amended Planned Unit Development Permit;
Review of Condominium Declaration from S &C Bank- Draft Copy
Dear Mr. Johnson: (P
Zaour you for forwarding the draft of the declaration document to me, as prepared
and dropped of offices by Mr. Thurrnes. I have noted, with interest, the provisions of
section 4 on pa ealing with the shared utilities of the facility.
The City Council has that directed certain conditions be met relative to this project,
one of which deals with the fact that the property will not ! �7e_ere separ tely. The draft of the
declaration provides for the possibility that, once the utilities ar separately metered, all utilities
peltairiing to each unit shall be the unit o ,, ►vrx: rs sole obligation. This will be in conf, with the
resolution that was passed by the Council and which will also, therefore, conflict with the amended
PUD permit that will be issued by this office when the other conditions have been met. Any
separate meters in buildings, as far as municipal utilities are concerned, will have to follow an
amendment to the PUD permit that will be issued by the City following the Council approval that
occurred on February 24, 2004. Consequently, it will not be an administrative or immediate event, if
those separate meters are provided to those facilities at a future date.
Mr. Eric Johnson
March 8, 2004
Pa 2
Conse the draftsmen of the declarations ma wish to note that accordin
I also note that the other conditions relative to the Council re affectin
this office, re title opinion or title commitment and verification of current status of title, still
have not been met. I will re those before preparin draftin and submittin the final draft
amendment of the PUD amended pe-.
MJV/mkr