HomeMy WebLinkAbout4C Minor Subdivision, Lot Consolidation, and Rezoning for a City Owned Parcel, PID #22 30 23 42 0007, and 1330 Indian Oaks Circle�
EN H�I,LS
Rec�uest for Council Action
_...._._. _ . __ ___ __ __ __ ......... . .... _... ..
Prepared By: Meagan Beekrnan, Planner I Cauncik Meeting Date: August 25, 2U08
Minor Subdi�ision, Lot Consofidation, and Rezoning #or a City Owned Parcet,
P1D #22 30 23 42 U007, and 133Q Indian Oaks Circl�
Budgetecf Amount:
$0.00
Reeorr�rr�endation:
Actual Amount:
$0.00
Funding Source:
A. Resolution 24�8-039: Appraving Planning Case 08-019 for a Minor Subdivisio� and
Rezaning af a 1,011 square foat City owned parcel, and Lot Consolidatior� at `l330 fndian
�aks Circfe, Based on the Findings of Fact anc� the Submitted Plans as Amenc�ed by the
Condition in the A�gust 25, 24D$, r�port to the City Councif.
B. Resolution 2008-040: Appro�ing The Seitlement Agreement Between the City of Arden
Hifls and US Bank Nat�onaf Association
5upporting D�curnents:
1. Planning Commission Minutes �- August 6, 2008
2. Settlement Agreement
3. Resolutior� 2008-039
4. Resalution 2aa8-�40
5. August 6, 2008, Pfanning Report to th� Planr�ing Commissian
�
EN HILLS
MEMORANDUM
DATE: August 25, 2008
TO: Mayor & City Council
FROM: Meagan Beelanan, Planner I
SUBJECT: Plaaaaing Case #08-019
City of Arden Hills
Minor Subdivision, Rezoning, and Lot Consolidation
1330 Indian Oaks Circle & PID #22 30 23 42 0007
Request
Resolution 2008-439 appraving Planning Case 08-019 for a Minor Subdivision and Rezoning of
a 1,011 square foot Ciiy owned parcel, and Lot Consolidatior� at 1330 Tndian Oaks Circle, Based
on the Findings of Fact and the Submitted Plans as Amended by the Condition in the August 25,
2Q08, report to the Ciiy Council.
Resolution 2008-040 approving th� settlement agreement between the City of Arden Hills and
US Bank National Association.
Background
The home located at 1330 Indian Qaks Circle was constructed in 1983. In 198b the home owner
ap�lied far a permit to construct a pool, deck, and fence in the rear yard of the property. No
surv�y or drar�ving was submitted at the time; however, the pez-mit was appraved by the City and
the pool, deck, and fence were constructed.
In August of 2005 the home owner applied for a permit to construct a sunroom off tlie rear of ihe
existing dwelling. The permit was approved, and while conducting inspections of th� project,
the Builcling Official discovered that the fence and a portian of the pool crossed the rear praperty
line and encroached on the parcel to the south. The parcel to the south is owned by ihe City. It
has a trail that runs east to west thai is ten feet to the south of ihe existing fence and
approximately 20 feet to the south of tk�e existing property line. The parcel is also adj acent to the
Bosion Scientific Campus and is cur�rently zoned Industrial.
IIMe[ro-inet.uslardenhillslPlanninglPlanning Cases12008108-019.4rden Hills Minor Subdivision, Lot Consolidatron, Rezoning (PC
Appraved)4082508 - CC12epart - Subd, Consolidation, Rezoning.doc
Page 1 of 3
When the encroachment was discovered, Staff contacted the record owner of 1330 Indiaxi Oaks
Circle and informed that owner of the situation. Over the next year, that property was sold and
the City attempied to contact and work with the new property owner, with little success. Tr� early
2007, that property was foreclosed. At about the s�,xne time the City commenced a lawsuit
against the then current recard avvner. Upon the completion of the foreclosure, the complaint in
the lawsuit was amended to add the mortgagee as the current owner. Settlement discussions
were initiaied, which discussions resulted in a tentaiive settlemeni. That tentative settlement has
been approved by the City Council. The tentative settlement requires the City io subdivide the
portion of land owned by thE City over which the encroachment has occurred, and consolidate it
with the property at 1330 Indiat� Qaks Circle. The City would then canvey the subdivided land
ta ihe current owner. In return, the current awner will pay the City $25,Q00.
As part o�`the application, the partion of the land that is to be consolidated must be rezoned from
Industrial to Single Farnily Reszdential. The result of the subdivision and lot consalidation will
be to eliminate the pool and fence encroachment and bring the property located at 1330 Indian
Oaks Circle into conformance with the Zoning Code. Na variances are required or r�vouid be
needed for the subdivision or lot consolidation. Other than the encroachrz�en�, �he property ai
1330 Indian Qaks Circle meets all other zoning requirements.
Recommendation
The Planning Commission reviewed Planning Case OS�019 and unanimously (6-0) recommends
approval of Resolution 2008-039 approving Planning Case 08-019 for a Minor Subdivision and
Rezoning of a 1,011 square foot City awned parcel, and Lot Consolidation ai 1330 Indian Oaks
Circle, Based on the Findings of Fact and the Submitted Plans as Amended by the Condition in
the August 25, ZOQ8, report to the City Council.
1. The City shall file �he minar subdivision and consolidation vc�ith the Ra�sey County
recorder.
Staff recommends approving Resolution 2008-040 approving the settlement agreement between
the City of Arden Hills and US Bank National Association.
Options
1. Approve the proposal as submitted.
2. Approve the proposal with condiiions.
3. Deny the application with reasons iar denial. Ii the City denies the petitioners request, ". .. it
must state in writing the reasons %r the denial at the time it denies the request."
4. Table far additional informatian.
14Meiro-inet.uslardenhilTslPlanninglPlanning Cases12008408-019.4rden Hills Minor Subdivision, Lot Consolidation, Rezoning (AC
AppravedJ 1082508 - CC Report - Subd, Consalidation, ftezoning.doc
Page 2 of 3
Deadline for A�encv Actions
There is no statutory deadline for the application.
Attachments
A— Draft P�anning Commission Minut�s
B — Settlement Agreement
C — Resoluiion 2008-039
D — Resolution 2008-440
E— August 6, 2008, Report to the Planning Carnmission — hrip://www.ci.arden-hills;mn.us
11Metro-inet.uslardenhillslPlanning4Planning Cases12008108-OI9 Arden Hills Minor Subdivision, Lot Consolidation, Rezoning (PC
Appraved)1082508 - CC Report - Subd, Consolidation, Rezoning. doc
Page 3 of 3
Attachment
Draft Planning Commission Minutes
August 25, 2008, City Council Meeting
August b, 2008, DRAFT P�anning Commission Minutes
PLANNING CASE #�8�019• Minor Subdivision Lot Consolidation and Rezonin •
1330 Indian Oaks Circle• Ci oi Arden Hil�s — Pub�ic Hearin
City Planner I Meagan Beek�man reported that the City of Arden Hills is
requesting a minar subdivisian and lot consolidation to subd'avide a 1,011 square
foot partion of a 6.67 acre (72,745 square feet} City-owned parcel and consolidate
it with a residential property located at 1330 Indian Oaks Circle. In addiiian, the
City requests that the subdivided portion be rezoned from I-1, Limited Tndustrial,
to R-J., Single Family Residential. She provided background and stated that t1�e
�taffrecommen�ed approval, subject ta the following condition:
�. The City shall file ih� minor subdivision and consolidation vcrith the Ramsey
County recorder.
Ms. Beekman showed an aerial oi the property and pointed out that that the
rezoning is the portion that rec��ires a hearing and the bold line is the new
praperty line. She also showed the proposed Certificate of Survey and sorr�e
photos.
Commissioner Holewa inq�ired why this did not require two motions. Ms.
Beekman replied that it was because they are contingent on each other.
Coznmissioner Holewa inquired as to how they would proceed today if somet.�ing
was encroaching on City land. Ms. Beekman repiied that it vcrould depend on the
property owner. She staied that, in this case, the property owner is wilting to
cooperate with the City.
Commissioner Holewa stated that, in this case, it is a foreclosure. He inquired
whether a new buyer wouid know this is in existence when they bought it. Ms.
Beekrnan replied that the informatian regarding ihe legal settlemeni would not
necessarily be attached to the deed of ihe property, but a n�w survey would be
recorded with the deed and the County and show the new property lines.
Commissioner Holewa inquired as to how they would pratect the new owner.
Chair Larson replied that ihere is usually a title seaxch and title insurance to
protect the new owner. He stated that, if it was private property the encroachment
was on, it could be a different situa�ion.
Com�nissioner Halewa inquired whether the new owner wauld be on the hook for
$25,000 if the property owner sold it. Ms. Beekman replied that it was her
understanding that that would be made clear throngh the title insurance.
Chair Larson stated that if ihe legal settlement was not settled them this would be
considered a"cloud" on the title. Ms. Beekman stated that the City attempted to
negotiate with the original property owner and do civil negotiatians. She stated
that, at that time, the property changed owners. The City reopened the
negotiations, but was not succe�sful. At that poi��, legal action was taken. After
a year, the property went into foreclosure.
Commissianer Holewa inquired whether the new buyEr knew anything about it
when he bought it. Ms. Beekrnan replied that she did not have that information.
Chair Larson opened the Public Hearing at 6:43 p.aix�, and inquired whether
anyone wishing to speak regaarding this case.
There was no response.
Chair Larson closed the Public Hearing 6:44 p.m.
Chair Larson and asked the Commission if they had any fiirther discussion or
questions.
Cor�unissioner Modesette stated that there were three parts to the motion. Sh�
wondered why the consolidation of the lot, which is us�ally done by the County,
was noi a condition, rather than being part of the motion. Ms. Beekanan replied
that this is an extremely unique situation. In a typical situation, the lot
cansolidation would take piace and the City would need to approve thai. In this
case, it was a single redrawing of lines. Staff chase to break it down to have three
separate aspects.
Commissioner Modesette inquired wheiher, because it was consolidated, it will
appear on the t� roles as a s�parate parcel, which would require som� papeztivork
down at the County. Ms. Beekrnazi stated that was co�-eci. She stated tI�at the
City would be filing it.
Discussion ensued.
Commissioner Sand inquired wheiher the boundary line is following the existing
fence. Ms. Beekman stated that was correci.
Commissioner Thompson inqui�ed as to what they have in place now to prevent
this situation from happening again. Ms. Beekman replied that there is a process
for applying for a pool. The appiicant would come in fbr a Building P�rmit,
would include a survey, along with ihe application, and would verify that ihe
property lines are based an that survey. Ms Beekxnan stated that th� cost af
getting a Certificate of Survey could be high, so they would allow a Site Plan,
whic� is a Non-Certified Survey. If, when the City inspects, the measurements
r�vere close, th� appiicant would then be required to have a Certi�Zed Survey done.
Commissioner Holewa inquired whether th� procedure is different for fences.
Ms. Beekman stated that it is, and it is a lot Iess expensive. She stat�d that the
applicant would submit a sketch, locating where the property lines are, a�d it
would be veri�ied by aerials. She stated that their aerials show the actual property
lines. She added that, in addition, an on-site drawing would be required.
Commissianer Thompson inquired whether the City has the appropriate resources
or staffing to go out to look at properties. Chair Larson replied that, when the lot
is platted, the corner pins are installed. He stated that the property owners can
usually find the carner pins.
Comrnissioner Thompson inquired whether the City has enough siaff. Ms.
Beekman replied that that was noi something they have ideniified as a prablem.
She staied ihat she does site visits as part of her job. She added that the aerials
provided by Ramsey County are an invaluable resource, as far as identifying
where tiie actual property lines are.
Cornmissioner Sand inquired if the remedy was to have the owner remove the
pool, would there be an option for a different remedy. Ms. Beekman replied that
this situation is unique -- there k�as never been a sirnilar case. The City wauld be
open to other alternatives.
Chair Larson stated that there are some cities that have mandatory teardown rules.
Commissioner Holewa stated that, when you Iook at the survey, it wouid have
been clear, when the homeowner applied for a permit for the sunroom addition
thai ihe poal and fence were encroaching on City property. Ms. Beekman stated
that is when it was discovered.
Discussion ensued.
Chair Larson stated that a Motion would include minor snbdivision, lot
consolidation and rezoning.
Commissioner Holewa moved, seconded by Cammissioner Modesette, to
recommend approval of Planning Case #08-019; Minar Subdivision, Lot
Consolidation, and Rezaning; 1330 Indian Oaks Circle, City of Arden Hills,
subj ect io the conditians of the Planning Commission at their August 6, 2008
xneeiing.
The motion carried unanimausly (6-0).
Attachment
Settlement Agreement
August 25, 2a08, City Council Meeting
SETTLEMENT AGREEMENT AND RELEASE
This Settlernen� Agreement and Release (the "Settlement Agreement"} is made and
entered into ta be effective the day of , 20Q8, by and between the City
of Arden Hi21s, a municipal carporation (the "City") and US Bank N'ational Association as
Trustee, a national banking association under the laws af the United States (the "Owner"}
RECITALS
A. A dispute (the "Dispute") has arisen betvaeen the City ar�d the Owner with respect to
certain matters arising out of pzoperty owned by the City {the "S�bject Property"} �ocated
adjacent to and south of 1330 Indian Oa1cs Circle, Arden Hills, Min�nesota (the "Owner's
Property").
B. A legal description of �he Subject Praperty is con�ained on t�e attached Exhibit A; and, a
legal description of the Owner's Property is contained on the attached Exhibit E.
C. As a result of the Dispute, the City served and filed an ac�ion in Ramsey Count�r District
Court, Fiie No. 62- CV-07-004241 (the "Lawsuit"). The initiaF Complaint in the Lawsuit
named the Owner's predecessors in interest to �he ownership of the Pmperty, which
Complaint was subsequently amended to name "Homecomings Financial, LLC, a
Delaware corporation" as t}�e defendant. It has since been determined that the Owner is
ourrez�tly the holder of the fee title to tne Owner's Froperty.
D. The City and Qwner have reached an agreement and understanding with respect to the
settlement of the Dispute and the Lawsuit and vv�ish to memorializ� the same in writing.
NQW, THEREFORE, for good and adequate consideration, the receipt of which is
herehy acknawledged, the parties hereby agree as follows:
AGREEMENT
1. Owner's Responsibilities. The Qwner a�ees to the following:
A. Pay to the City the amount of Twenty Five Thousand Dollars {$25,Q00) (ihe
"Pay�nent").
2. City's Resnonsibilities. The City agrees to do the foilowing upon receipt of the
Payment:
A. Deliver to tYie Owner a Limited Warranty Deed in substantialiy the same fvrm as
the a#tached Exhibit B;
B. Be re�ponsible far tl�e premium for a tit�e irtsurance policy in substantially the
same form and substance as the Coramitmem attached heareto as Exhibit C.
3. Release. In consideration of the performance of the parties o#' their respective
respo�sibitities set forth abov�, the �arties mutualiy agree to release eaclx other from any
Iiabiiity and claims whatsoever (knawn or unknown) arising out of or in any way relat�d
to th� Disp�te, the Lawsuit, ar any other matter related thereta.
4. No Admission of Liabili . It is understood and agreed that this Settiement Agreement
involves dispuied claims and #.�at there is no specific or general admissian of liability of
any nature whatsoever on the part of at�y party hereto.
5. Disrnissal with Fre'udice. The parties further agree tf2at the Lawsuit, and the clairns
contained therein or reiated thereto shaIl be dismissed with prejudice. Said dismissal
sha11 be pursuant to the Stipulation for Order, and Order for Dismissal With Prejudice
execvted by or an behalf of the parties to this Agreement substantially the same form as
the attached Exhibit D.
6. Bindin Nature• Successors and Assi . The terms ar�d provisions nf this Agreement
shail be binding upon the parti�es and their successors and assigns.
7. Count�arts. This Agreement �nay be executed in counterparts.
[Signature Page{s) Follows]
F:lusersUOFil�lah - misc11330 IO�Settiemeni docslSA - final.doc
2
IN WITNESS WHEREOF, the parties have executed this Agreem�nt on tt�e dates set
forth �elow.
CITY:
City of Arden Hills
By:
Its:
By:
Its:
OWNER:
US Banic National Associa�ian, as Trustee
:
Its:
F:IusersVOHNIah - misc11330 TOLsettlement docslSA - final.doc
3
EXHIBIT A
(Legal Descrigtion of Subject Property}
F:lasersUGHN1ah - misc11330 IOlsettlertient docslSA - fnal.doe
EXHiBYT A
To
Settlement Agreeunent
That part af the South 3Q Acres of the North 44 Acres af tkxe West Half {W %x } of the Souttteast
Quarter (SE'/4 } of Section 22, T3UN, R23W, EXCEPT fihe West 75 feet of the SW �/4 af the SE
'/4 of said Section 22, all of which lies Northwesterly of �he Southeasterly Right-af Way of
vacated State Trunk Highway No. 51 and Soutt�erly, Southeasterly, and Southwesterly of the
fallowing described line: Begiruung at a point on the V4�est liri� of the Southeast Quarter (SE i/a }
of Section 22, T30N, R23W {said West line asswned as bearing S 0° 09'38"E) distant 1217.91
feet Southerly of a cast iron monumen� at the NW cocner of said SE %4 ; thence N 89°50'22"E 33
feet to a point on the Easter�y iine of Hamline Avenue; thence S84°24'32"E 272.I0 feet; tlzence
N40°33'E 305 feet; thence S37°37'S8"E 53 feet, more or less, #o a point on the Southeaster�y
Right-of Way line af said vacated State Trunk Highway No. 51, and there terminating. Ramsey
County, Minnesota, described as follaws:
Commencing at �he Southwest comer of Lot 5, Block I, ARDEN LAKE KNOLL,
according to the reeorded plat thereof, Ramsey County, Minnesota; thence South
84 de�ees 24 rninutes 32 seeonds East alpng the South line af said Lot S, a
distance of 33.45 feet to the Pvint of Beginning of the lar�d to be described; thence
South 0 degrees 48 minntes �L9 seconds East, a distance of 17.54 feet; thence
North 89 degrees 00 �ninutes 52 seconds East, a distance of 28.38 feet; thence
North 87 degrees 57 aninutes 29 seconds East, a distance of 35.$'i feet; thence
North $6 degrees 49 minutes 42 seconds East, a distance of 25.24 feet; thence
North 4 degrees 38 minutes 17 seconds West, a distance of 5.b4 feet to said South
line of Lot 5; thence North 84 degrees 24 minutes 32 seconds West aiong said
Sonth line of Lat 5, a distance af 9Q.04 feet to the Point of Beginning.
Al� located in Ramsey County, Minnesota
F:IusersUGHNIah - misoli330 IOlsettlement docslExhibit A to SA.doc
EXHIBIT B
(Limited Warran�ty Deed)
F:lusersUQHNIah - mise11330 IOlsettlement dceslSA - &nal.doc
(ToP 3 incha roservad far racarding dam)
LIINITED WARRANTY �IEED Ntinn� tlniform Caiveyanctng Blenks
Busieees Entitty to Bueistest Er�Eily Form 1�.2.9 (ZDQB)
DEED 7A?( DUE: $ DATE:
f�l
FQR VALUAB�E CpNSIE}ERATION, �he Cify of Arden Hqls
�rna��rc.ra�a�y
a polittcai subdivision ��� �e �� pf Minnesota
hereby t�veys and quiic�aims 1a US Bank Natianal Assodati�on, as Trusiae ����
piaerraroeaCya�.�
� natiortal benking assoc�fltion undeE the iawS Of 1he United States
real properEy ln Ramsey County Counly, Minnesoia, �egelly descn'bed as folbws: �����
SeB attached Exhibft A.
Check here if el�or ps�tafthe descn7red real ProAer�+is �iegistered (Torrensj �
together wil� aA herediEarnerrls and appurtenances.
This Daed canveys a�-acq�ired titit��e. Granfor warrants that Gra�or has no� �ane or sutfered anylh�ng to e�cumber the properly, EXCEPT:
Checic ap�N;a6Je box,
■ The Seller esrtifies fhal the Seller does not know ai
any wells on the des+:n'bed real proPerty.
o A we� disciosure oer '�'rcate aocampa�ies this
dOq1R1B�.
o I am famllfar wslh the properly desaibed in Ihis
inshument and I cart�fy that the sfafus and number
af w�eAs a� the dascr�ed ►eal properly hays not shanged
since tl�e last previvusly filed weY disdosure certificate.
GfB�FtQf
CkiY OF ARD�N H}LLS
feeme o►GrarKor�
�
r`�'°�Stanlsy Warpstead
��q; Mayor
(h�a�J
BY�
��°� Ronatd Moorse
11g; City Admin9strata'/Clerk
fbwe ol�l
Pepe 1 af 2
'�xHIB�T -�
Pape 2 af2 Niqnesala ldnifarm Conveyaiw�g Blanks Form SOZ.9
Stale of Minnesata, Counly of
This ins�ument was adcna+kledged 6efore me a► ,,.. • bY
(mum'We�iyeerl fnsnsdeuBnrFzed�
8S
RYae deru�or�bi
and by
{na+� dw�tl�l:ed ognerJ
� of
lb���) (i�en,adG�e•1a1
(Sea1, ifanl'}
f����oa�J
idle{and Ftank]:
A�' ounnission e�irea:
(�J
'T�ES 1HSTRUA�hR' WAS QRAFTED BY: TAX STATEMENTS FQR iH� REAL PR�PERTY OESCRlBEa fIV TH15
�"''"°A1d°�°� INSTRl3MEM SHOUlD 8E SEM T0:
(h�rr�»d.nd.�ddremc ac�ee m wr,on, fu �lert�rts sha�t ne renq
John Mirhael Mitler
Peterson, Frdm 8 Bergman, P.A.
55 East FfNh Street, Suite 800
St Paul, MN 55101
{65i) 291�955 (651) 228-1753
EKHIBIT A
to
Limited Warranty Deed
That part of the Sa�th 3D Acres of t�e North 44 Acres of the West Half (W %2 ) of the Sautheast
Quarter (SE %, } of Section Z2, T34N, R23W, EXCEPT the West 75 fcet oithe SW % of the SE
%s af said Sec�,vn 22, all af which lies Norti►westerly o£ the Southeasterly Right-of-Way of
vacated State Tn�n1c Highway No. 51 and Southerly, Southeasterly, and Southw�sterly of the
following described line: Beginning a# a point on the West line of the Southeast Quarter (SE �/ )
vf Seetion 22, T30N, R23Vi� {said West line assumed as bearing S 0° 09'38"E) distant 1217.91
feet Southerly af a cast iron monument at the NW comer of said SE %. ; thence N 89°50'22"E 33
feet to a point on the Easter�y line of Ha�nline Avenue; �ence S$4°2�'32"E 272.10 feet; �en�e
N40°33'E 3U5 feet; thence S37°37'S8"E 53 feet, more or less, to a paint on the Southeasterly
Right-of-Way line of said vacated State Tnm�c Highway Na. 51, and there terminating. Racnsey
County, Minnesota, described as follows:
Commencmg at the Southwest comer of Lot 5, Block I, ARDEN LAKE KNOLL,
according to the recorded plat thereof, Ra�nsey County, Minnesota; thence South;
84 degrees 24 minutes 32 secands F.ast alang the Sauth line of said Lot 5, a
c�istar�ce of 33.45 feet to the Point af Beginning of the land to be described; thence
South 0 degrees 48 minutes �49 seconds East, a distance af 17.54 feet; thence
North 89 degrees 00 minutes 52 seco�ds East, a distance of 28.38 feet; thence
North 87 degrees 57 rr�inutes 29 seconds East, a distauce of 35.87 feet; thenc�
North 86 degrees 49 minutes �2 seconds East, a distance af 25.24 feet; theRce
North 0 degrees 38 minutes 17 seconds West, a distance of 5.6� feet to said South
lino of I.ot S; thence North $4 degrees 24 �inutes 32 seconds West along said
South line of Lot S, a distaace of 90.04 feet to the Point of Beginning,
F:IusersUDHNIah - miscU 334 IOlrtcttlernvnt docslPrvposed LegaI Descr..doc
EXHIBIT C
(Commi�rnent}
F:IusersUGHN1ah - misc11330 tOlsett�ement docslSA - final.doc
Chicago Title insurance Compauy
�asued by its Agent, Land Title, �nc.
1900 Selver Lake Road, Suife x00 New Brigiitou, MH 55112
COlVIlV.QTMENT
SCHEDULE A
Commitrnent Nn. 3€�2808
l. Effective Date: June 8, 200$ at 7:00 A.M.
Supplemen#al
Case Na 3t}2808
Z. Policy or Folicies ta he issued:
(a) I� ALTA Owner's Poiicy - W17/06 Amou�nt $25,q00.00
Proposed Insured: U5 Bac� National Association as Trustee
(b} ❑ ALTA Long Foran Loan Policy — 61 i7/06 Amount - 0-
Proposed Insured: NONE
3. Title ta t}t� Fee Simple estate or interest in the land deseribed or referred to in this Cornmittr�ent is at
the effective date hereof vested i�:
The City of Arden Hilis, a Minnesota rnunicipal corporatian
4. The land referred to in the Commit�t�n# is [lescribed as follows:
SEE ATTACHED E�j'T A
XXX Hamline Avenue North
Arden Hills, Minnesota 551 I2
Abstract Praperty, Ramsey County
This commitrnant is invalid unless ttse Insuring Frovisions and Schedules A and B are attached.
Schedule A consis�s of 2 page(s)
EXH�B(T � ,
Chicago Title Xnsuraace Company
Issued �y its Agent, Lat�d �5itl�, Inc.
1900 Silver I,ak,e Rosd, Suite 20D New Br�ghton, MN 55112
C�MM�TMFNT
SCHEUULE A
Supp�emeatal
Commitment No. 302808 Case No. 302808
EXHIBIT A
Ail tt�at part of the Soutlt 30 acres of the North 44 acres of the West Half ( W%s) of the Southeast
Quarter (SE'/} oi 5ection 22, Tovvnship 30 North, Range 23 West, exoept the West 75 feet of the
SW %. oithe SE'/s vf said Section 22, all af wheah lies Northwesterly ofthe Southeasterly Rig�tt-oi
Way of vacated Sta#e Trt�k Highway No. 51 and Sout�erly, 5antheasterly, arid Southwesterly of the
faIiowing descrihecf �ine:
�eginning at a point on the West line of the Southeast Quarter (SE'/.) of Section 22, Township 34
North, Range 23 West (s�id W�t line ssstuned as bearing Sfl°9'38°' East) distar�t 1217.91 feet
Sautherly o#' a cast iton monument at the NW comer of said SE'1a; ttience Nort� 89°50'22 East 33
feet ta a. point on the F.asterly line of Hamline Avenue; thence S84°24'32" East 272.10 feet; thence
North 40°33'East 305 feo� thenee So�tth 37°3T58" East 53 feet, more or less, to a point on the
Sou#heasterly Right-of-Way Iine of sai� vacated S#�#e Trunk Highway No. S t, and there iersninating,
Ramsey County, Minnvsota, described as follows:
Cvmmsncing at the Southwest cornar of Lot 5, Btock 1, ARDEN LAKE KNOLT„ according to the
recorded plai thereof, Ra�nsey County, Minnesots; thenc� South 84 degees 24 minates 32 seconds
EBSt A�011g t}i6 Spf1FI'L Iif1E Of SSld LOC S, a distance of 33.45 feet ta #he Point of Beginning of the land
to be describect; thence 3outh p degrees 48 min�►tes 49 secoads F,ast, a distance of 17.54 feet; thence
North 89 degreas 0(f u�inutes S2 seconds East, a distance of 28.38 feet; thence North 87 degrees 57
minutes 24 seconds Eas�, a distance of 35.87 feet; thence North 86 degrees A�9 minutes 42 seconds
East, a distance of 25.24 feet; thence Narth 0 degrees 38 miautes i 7 seconds West, a distance of 5.60
feet to said South line of Lot 5; Ehence North 84 degrees 24 minuies 32 seconds West alang said
Sa�th line of Lat 5, a dista�ce of 90.a4 feet ta t�e Point af Beginning.
This cammitmant is invalid unless tl�e Insuring Provisions and Schedules A and B are attached.
Schrduie A consists of 2 page{s)
Chicago Tit1e Insarance Compaay
Issued by its Agcnt, Land Tit�e, Iuc.
1900 Silver I�alte Rosd, Safte 200 New Brightou, MN 55112
CONIlVIITMENT
SCHEDULE B - Section I
Reqpiremen#s
l, TGe following are the requit�ements to be complied with:
A. Payments to, ar for the account of, tha sellers or mortgages af the full considerat�on for the estate
or interest to be insured.
B. Instruments in insurable farm which must bc execnted, delivered and duly filed for record.
C. The legal descriptian co�tained herein will result in a split af an existing tax parcel. Appmval
for the split must be obtained from the munioipality in whioh the properky is located and ba
shown on the deed prior to closing. As with all tax parcel splits, all taxes for ttte current year
must be paid in full.
D. Quit Claim Deed froEn City of Arden Hil[s, a Minncsata municipa! cnrporation, #o US Bank
Natinnal Association as Tntstee.
E. NOT'E: As r�o Abstract of Title was furnished to L,and Ti#e, Inc., tt�is examination was done
from the rerards of the Ramsey Caunty Recordcr.
NOTE: T'I�e tas# recorded desd or con�eyance affecting sa5ject pmperty is Quit Claim Deed to
City of Arden Hilts fiied Oct�ber 29,1979, as Uocument Number 2060247.
Case No. 302848 Commitment No. 302808
Supplementaf AI,TA Cammitment -- 20Ub
This coznmitmer�t is in�alid unless the Is�surusg Provisions and Scheduies A and H are attached.
Schedvle B 1 consists of I page(s)
Cbaicago Title Insurance Company
Xssued by its Ageat� Laud Title, Inc.
1900 Silver Lake Raad, Snite 200 New Brightun, MN 53� Z�
C��'��
SCHEDULE B - Sectioa II
Eacep#ions
The policy or polioies to be issued vvill contain except�ons to the foilowing ux�less the sarne are disposed
of to the satisfacf�on of tt�e Company.
l. Defer�s, liens, encumbrances, adverse claims ar ot.her �tnatters, if any, c�ated, frxst appearing in the
public recorc3s or attaching subsaquent to the E;ffectivc Date hereo€but prior to thc date the Fmpvsed
insured acquires for value of record t�o esfate or interest or m,ortgage thereon covered by this
Commitment.
NOTE: Upan cloaing with Land Title, I�c., �Eem 1 an 3chedale B-II w�I be delete�i. The Fiinal
Policy vvi� extenc� coverage as to the gap between tLe Et%cti�ve Date listed ta Item 1 of Scheduie
A and the date of recorcling of the instrunie�s creating the interest #o be insured.
2. Rights or ctaiFns of parties fn possession not sfiown by the publie records.
3. Any encmachment, encumbra�ce, violation, variation, or adverse oiu�ceunstance affecting the Title
that wauld be disclosed by an accuratc and complete land survey of tlae Land.
4. Easemeats or claims of easements, wiuch are not shown by the puhlic records.
5. Any lien or right to a lien for services, labor or material herefafore or �iez�eafter fzunzshed, imposed by
law and nat shown by thc pub�ic records.
6. Taxes or special assessments wlaiah are no# shown as existing lie�as by the recards.
7. General aad special taxes and assess�nents as h�reafter listed, if any (aIl �mounts si�own being
exclusive of interest, penal�ies and costs}.
8. No coverage is pravided far municipal coc�e compliance ma#ers and fees i�ncluding, but not limited
to, utilities, watea' or sewer services, or fees for tree, weeds, grass, and snow or gart>age re�no�al,
police boarding, vacant building registration and zoning.
9. Taxes payable in 20E�8 are EXEMPI'.
{22-30-23-42-0007}
10. Levied and pending special assessments, if arry.
Case No. 302848
SupplementaI
Commisrnent No. 302808
ALTA Commi#m�t — 2005
This commitmemt is invalid unless the Insur#s�g Provisions and Scbedfales A and B are atWched.
Scht�dvle B2 consisfs of 2 paga(s}
C�icago Titte Insurance Company
Isaued by its Agen#, Land Ti�e, Inc,
19D0 S�tver La�e Roaci, 3aite 200 New Brlgltton, MN 55112
COMMITMENT
SCHEDULE B - $ectian II
k�[ceptions
l 1. Easeanent in favor of Northern: States Power Company date3 June 15, 1953, filed Sept�mber 21,1953
iz� Book 321, Page 157, as Docwanent Number 13 � 6764.
12. Encroachment of swim„�,; ro p��, g�� �d fence from property to the Nort}a as s}�own on available �
maps.
13. Wetlands as shown o� available mtaps.
14. If tkere are any questions negarding this Commtitment, please cont�ct Jon F.dstram at (651) 697-6127
or by email at jedstrom@laadtitleinc.com.
Case No. 302808
Supplementa!
Cox�itnaent No. 302808
�,TA c��c-aoas
This eomrnitmont is invalid uuiess the fnswing Proviaions and 5chedules A and B are atiachut.
5che�ule S2 consists of 2 page(s)
Laad Titte, Inc.
1900 Silver Lake Road
s��� ZQo
New Brighton, MN SS I 12
Phone(dSl)638-2900 Fax(651)638-1994
Pexerson, Fram 8c Satgmart
55 E Sth Street
Suite S00
- St. Paul, MN 55101-i718
Petersan, Fram & Bergman
SS E Sth Street
Suite 800
St. i�aul, MN SS1p1-1718
XXX Hamline Aveeae North, Ardcn Hills, Minneso#a
Lot Sale
�'st�mat� of Closing C�iarges
302848
Land Title
$25,OOQ.00 City of Arden Hills
J'on Eclstrom 651-697-5127
os�asr�aoa
a � +� r � p�;� '� .� 4a; ls 'c ;�' r�"7'� �i`�[e ya � fJ f1 i} ri s x r x.�.s•. �{ � � � .Sit*" Y �v"s.'��by, ;t �� ---�� � y'� � �s ��
1 � y�, y � �',� t ` � ?i R - �U . • a ,��f,'`� t .?'r '� a f � _ ..k.,m i � r ���-�. �' j: .
ur�d�.a:.�.�.x�.� _:5.�a-a'i:�..�.x...$_ �.�_ us..�.i�,�_.roa�,�.... _.��3se?�'„a,'�..�,�7s`�','Fs-..� . Ft.. �.r".i47�i��:S.�°��i8nw:- .��?'�+�l�.���
li
• ' r �:�� 1 �� 1 1 � � �� 1 1! �� 1 1 1 1
', f 11 ,! 1I , 1 41
�•� �� � , I !I '.I II I II
l200 -Govern�nent Recording and Trausler Charges
Record Deed ('I'BD) i 2U � D
RecordRelease (TBD} 1ZOIR
Conservation Fee (TBD) I205
Recarding Surcharge {TBD) 12XX
Totai 1206 - Governmept Reco�ding end Transfer Ch�rgea
$a.00 $o.00
$0.00 $Q.O�
�a.00 �a.00
$0.00 $0.00
��.�0 $�.�
$o.00
$4.00
$U.00
�o.00
50.�0
1300 - Addifional Settlement Charges
Messenger/Service Fee (T$D) 1305 $Q,Qp $p,00 $OAO
Total I300 �Additiana! S�ttiemeat C�arges $UAO $O.QO $�.0�
Toe�s: $�30.00 �o.ao $Y3o.o�
Inc�udes Sales Tax of $O.flO
Brief Legai: l�t Se� 2U-30-?3
EXHIBIT D
{Stipula#ion for Order, and Order for Dismissal WitI� Prejudice)
F:lusersUGHN1ah - misc11330 IOlsettlement docslSA • final.doc
STATE OF MINNESOTA
DYSTRICT COURT
COUNTY QF RAMSEY SECOND JUDICIAL DISTRICT
Court File No.: 62-CV-07-004421
City of Arden Hiils, a Minnesota Case Type: Other-Contract
statutory city, Judge Cleary
Plaintiff,
v.
STIPIILATION AND ORDER FOR
DISMISSAL
Homeconnings Financial, LLC, a
Delaware fimited liabiiity company,
Defendatrt.
IT IS STIPULATED AND AGREED by and between the Plairniff and Defendant
through tha P�aintiff and the Defendant's caunsel of recard, and pursuant to Minnesota
Rule of Civil Procedure 41(a}, that t�is action and aIl clair�s alleged therein, shatl be
dismissed witH prejuciice, an the rnerits. In addition, the parties stipuIate and agree that
each party shall bear all of its own costs and fees associated w�th this action.
The parties further stipulate and agree that the CaurE shall be requested to enter an
Order incorporating the abave in substaniially the sa�ne form as the proposed order
attached hereto, which Order may be entered without hearing ar further notice to any
party.
l
C;1D�CUME�IImaa1LOCALS�llTemptiScrublStipulation and Order forDismissaE.UOC
PETERS�N, FRAM & BERGMAN, P.A.
Dated; , 2D0$ By:
John Michael Milter (Atty. Lic. #732bX)
Attorney for P�aintiff
55 East Fifth 5treet, Ste. S00
Si. Paul MN 5510fl
PH: 651-291-8955
MACKALL, CROUNSE & MOORE, PLC
Dated: , 204$ By:
Matthew Anderson {Ariy. Lic. #284257}
A�tarney for Defendant
1 �00 AT&T Tower
901 Marquette Avenue
MinneapvIis, MN 55402
(612) 305-1401
2
C:IDOCUME-11maaV.00AtS�IlTempliScrubl5tipulation and Ordcr for Aismissal.DdC
ORDER
Based upan and pursvant to the foregoing Stipulation for Dis�nissal entered into by
and on behalf of the parties, and upon all of the files, records, and proceedings herein,
IT IS HEREBY ORDERED: That the Plaintiff's clairns against Defendant and any
claims which Defendant may have against the Plaintiff in the above-entitied ac�ion,
including any claims for attorneys' fees or costs, are hereby dismissed with prejudice and
on the rr�erits. The Dismissa� shatl be without an award of costs or expenses to aither
P�'h'•
SY THE COURT:
Dated: , 2U0$
Judge of District Court
MAA/maa1958657v 1
3
C:lAOCUME—ilmaaV,OCALS�11Temp1i5crubLStipulation snd Order far DismissaE.IIQC
EXHIBIT E
{Legal Description of �wner's Property)
F:IusersUQHN1ah - misc11330 IOlseEtlement docsLSA - final.doc
$
EXHIBIT E
To
Settlement Agreement
Lot 5, Block 1, ARDEN LAKE KNOLL, accarding ta the recorded plat theareof, Ramssy
County, Minnesota.
F:luscrsUpI-IMah - miscV 330 IOlsettlement dacslExhibit E to SA.dac
Attachment
Resolution 2008-039
Augusi 25, 2008, City Council Meeting
�
EN HII,LS
CITY OF ARDEN HILLS
C�UNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION NQ. 20Q8-039
RESOLUTION APPROVING THE
MINOR SUBDIV�S�ON, REZONING, AND LOT CON�OLIDATION AT PID #22 30 23
42 Q007 AND 1330 INDIAN OAKS CXRCLE
WHEREAS: on 3uly 24, 20a8, The City of Arden Hills, the property owner af PID #22 34 23 42
0047, submitted a coxnpleted minor subdivision, rezoning, and lot consoIidation
applieation to subdivide a 1,41 I square foot parceI, rezane it fram Industrial to
Residential, and consolidate it with the residential property located at 13301ndian Oaks
Circle.
WHEREAS: on A�gust 6, 2408, the Planning Co�ntnissian reviewed the rrzinor subdivision,
rezoning, and lot eonso�ida�ion and determined that the proposal is in conformance with
the City's Zaning Code and Subdivision Code and therefore u��animously recominended
approva] subject to one conditron of approval.
WHEREAS: on August 25, 2008, t�te City Council received the reeommendation from tl�e
Plannang Cornmi�sian and agreed that the minor subdivision, rezoning, and lat
consolidation is iz� canformance with the City�s Zoning Code and Subdivision Code
subject to the one recommend conditian af approval.
WHEREAS: the City shal� be responsible for fiki�ag the subdivision a�d lot eonsolic�ation with
Ramsey Caunty_
NOW THEREFORE BE IT RES4LVED: That the Council of the City of Arden Hills
approves the minor snbdivision, rezaning, and lo� cansa�idation at PID #22 30 23 42 0407 and
1330 Indian Oaks Circ7e subject to the condidon of approvai in the Pla��ning Case OS-Ol 9 Report.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THE 25�h DAY
OF AUGUST; 2008.
Stanley D. Harpstead, Mayor
ATTEST:
Ronald J. Moorse, City Administxator
Attachment
Resolution 2008-040
August 25, 2008, City Council Meeting
_ __ _ _ ___ _
�
� D�EN HILL5
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF M�NNESOTA
RESOLUTION NO. Zoos-a4a
RESOLUTION APPROVING THE
SETTLEMENT AGREEMENT REGARDING PID #22 30 23 42 0007 AND 1330 INDIAN
4AKS CZRCLE
WHEREAS: The City of Arden Hiils is invalved in a laysrsuit concerning the praperty ]ocated at
l i30 In�ian Oaks Circle.
�'VHEREAS: Tl�e City and the property owner of 1330 Indian 4aks Circle have reached an
a�ree�-�ent wit�� a-espect to the lawsuit.
WHEREAS: The City Counci� agreed to the gene�-al tenns of a settlement a�-eement at a City
Co�nci� Meeting on May 27, 20(}8.
WHEREAS: Since that date the City Staff has u�orked o�at a propased settlement ageernent
betwee�� the parties.
NOW THEREr4RE $E IT RESOLVED: That the Council Qf th� City of Arden Hills
appro��es the settleinent ag�-eement between the City of Arden Hills and US Bank Nationa�
Associatioz� and authorizes t�te Mayor and City Administratar to execute all docura�ents in
substa�tial conformance �lith the delivered agreernent.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THE 25t�' DAY
OF AUGUST, 20(�S.
Stanley D. Harpstead, Mayor
ATTEST:
Ronald J.11'�oorse, City Ad�inistrator
Attachment
Report to the Planning Commission
Available online at:
htt : www.ci.arden-hills.mn.us
Augusi 25, 2008, City Council M�eting