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<br /> . <br /> Brian Fritsinger <br /> May 18, 199-4 <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 dete%'llline, 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 City's Mobile 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 /> maintained by the operator of the Mobile Home Park. In fact, as <br /> . approved, the Mobile Home Park hag two such areas. The <br /> Recreational Easement covered the ball fields, tennis courts, etc., <br /> and ef=ectively modified the provision of the Mobile Home Ccce by <br /> indicating that the Mobile Home Park Operator would construc~ the <br /> facilities for the Recreetional Easement 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 condition of the "Amended Special Use Permit" 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 /> which is incorporated within the Permit. <br /> It is clear that the Recreational Easement Area and the <br /> facilities constructed therein were intended to satisfy the Mobile <br /> Home Park Operator's park dedication and/or cash in lieu thereof <br /> requirement. As far as I can getermine, the construction and <br /> maintenance of the storm sewer system was and remains tl':.a <br /> obligation 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 Cay. If the City's ability to properly maintain th:e <br /> Recreational Easement is being obstructed by the Mobile Home Pa=k <br /> Operator's failure to properly construct and/or maintain the stcr~ <br /> . drainage system for the Mobile Home Park, the Mobile Rome Park <br /> ---- ~- <br />