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<br /> . <br /> Brian Fritsinger <br /> May 18. 1994 <br /> . Page 2 <br /> 9. Unsigned copy of the Park and Access Easement: and <br /> 10. Arden Hills Ordinance No. 147. <br /> As far as I can determine. the original Special Use Permit <br /> expired and the document which is labeled "Amended Special Use <br /> Permit" is the basic permit for the Arden Manor Mobile Home Park. <br /> The "Amended Special Use Permit" has in turn been amended four <br /> times since it was originally adopted. <br /> The "Amended Special Use Permit" describes the parties: the <br /> property covered by the Permit: and the conditions attached to the <br /> issuance of the Permit. The conditions include compliance with the <br /> provisions of the City's Zoning Code. the City's Mobile Home Park <br /> Code. the State Building Code. the State Mobile Home Code. and the <br /> State Department of Health Regulations. In addition. the "Amended <br /> Special Use Permit" was issued subject to the specific requirements <br /> contained in Sections I, II, III. and IV of the Permit. <br /> The Ci ty 's Mobi 1 e Home Code. which was incorporated in the <br /> "Amended Special Use Permit" requires the Mobile Home Park Operator <br /> to have one or more recreational areas which were to be owned and <br /> ma~ntained by the operator of the Mobile Home Park. In fact. as <br /> . approved. the Mobile Home Park had two such areas. The <br /> Recreational Easement covered the ball fields. tennis courts. etc., <br /> and effectively modified the provision of the Mobile Home Code by <br /> indicating that the Mobile Home Park Operator would construct the <br /> facilities for the Recreational Basement Area according to City's <br /> specifications but that after dedication of the Recreational <br /> Easement. the City Would be required to maintain the facilities in <br /> the Recreational Easement Area. The swimming pool. although <br /> required as a cond~ tion of the "Amended Special Use Permi t" was not <br /> located within the Recreational Easement Area. Therefore, the <br /> swimming pool was to be constructed and maintained by the Mobile <br /> Home Park Operator pursuant to the provisions of the "Amended <br /> Special Use Permit" and the provisions of the Mobile Home Park Code <br /> wh~ch is incorporated within the Permit. <br /> It is clear that the Recreational Easement Area and the <br /> facilities constructed therein were ~ntended to satisfy the Mobile <br /> Home Park Operator's park dedication and/or cash 1n lieu thereof <br /> requ~rement. As far as I can determine. the construction and <br /> maintenance of the storm sewer system was and remains the <br /> obl~gation of the Mobile Home Park Operator. I cannot find a <br /> record of conveyance of a storm water and/or drainage easement to <br /> the City. If the City's ability to properly maintain the <br /> Recreational Easement is being obstructed by the Mobile Home Park <br /> Operator's failure to properly construct and/or maintain the storm <br /> . drainage system for the Mobile Home Park. the Mobile Home Park <br />