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Home My WebLink About03-12-07 Item 7D, Resolution 07-34 Final Plat at Lake Johanna Woods ~ ~HILLS Request for Council Action Prepared By: James Lehnhoff P Dept.: COrn,rtlunity Development Council Mtg. Date:-'--.-.."....... ..."..."."~----3-12:of._._..._.....- Final Action Needed By: . -3=1Tf..of-- -- Agenda Item: 7.0 ..... ..__._.~--------_. Budgeted -;l~mou nE:' :_....~.~~~--~-~ _ :- ~~:._~:..:..:..:~:.':~~_- _ _____ Actual Amount: Funding Source: Approving Resolution 07-34 for the Final Plat of Lake Johanna Woods and the Development Agreement in Planning Case Based on a Finding that the Final Plat is in Conformance with the Condition of the Preliminary Plat in Planning Case 06-026 and the Ordinance, Subject to the Thirteen Conditions in Planning Case 06...039. rrs'arft4~e}omme];d~llqn~~JjiliN?S~ iApprove the Planning Case as recommended by the Planning Commission with one additional condition reco-mmended by Staff. iPlanning: i2-lJ7-lJ7 !Approval iPTRC: f~l!iIPOj'jl~Jj~J[6]lroer(~illia"Iii!l~j~0li!!l!l... ....... ... ..... ............ ........ ..... i X !Memo/Letter: March 12,2007, Memo to the City Council X i Resolution No.: !Ordinance No.: 07-34 Engineering Recommendation: _____n_.'.. iAttorney Recommendation: I X lather: ~--- 7D:i....D.rafrFebrua-ry-7~-2o(j'i;.-pfannTng"Commis-sion-'Min-iJtes"foi-pii'i1'iih,g--Cas'e"'oif:039 7D~2. Letter and Land Appraisal from the Applicant 7D~3. Development Agreement 7D4. Resolution 07-34 7D-5. February 7,2007, Report to the Planning Commission None. None, ~ ~HILLS MEMORANDUM DATE: March 12, 2007 CC Agenda Item 7.D TO: Mayor & City Council James Lehnhoff, City Plannel PC #06-039 Final Plat of "Lake Johanna Woods" Arlene Boutin 1600 Lake Johanna Blvd FROM: SUBJECT: Request Resolution 07-34: Approving the Final Plat of Lake Johanna Woods and the Development Agreement in Planning Case 06-039 Based on a Finding that the Final Plat is in Conformance with the Condition of the Preliminary Plat in Planning Case 06-026 and the City's Subdivision Ordinance, Subject to the Thirteen Conditions in Planning Case 06-039. Please note that Staff is recommending one additional condition regarding tree protection that was not discussed at the Planning Commission meeting. Backl!round On September II, 2006, the City Council approved a preliminary plat to reconfigure 1600 Lake Johanna Blvd into three conforming lots (Attachment 3B-5 ofthe report of the Planning Commission): Lots Proposed Lot Size (SQ. ft.) Lot I 45,680 Lot 2 33,985 Lot 3 32,527 Total 112,192 The eastern two-thirds of the property were originally platted as three separate lots with access to Siems Court; however, those lots were combined with one lot to the west at some point in the past. The three platted lots would have been nonconforming under the City's current Zoning \\Metro-inet.uslardenhills\Planning\Planning Cases\2006\06-039 Boutin - Lake Johanna Woods Final Plat (PENDING)\031207 _ CC Report- Boutin Final Plat.doc Page 10f6 Code, This proposal would re-plat the one combined lot into the three conforming lots that would access Lake Johanna Blvd. No variances are needed for this subdivision, This report will use the lot numbers as shown on the Final Plat where the western developed lot is Lot 1, the central lot is Lot 2, and the eastern lot is Lot 3. Some of the submitted plans have the numbers reversed, Proposed lots 2 and 3, as shown on the Final Plat, would each accommodate one new dwelling. Lot 1 has an existing dwelling and two accessory structures. Lot 1, the westernmost lost, would retain all of the 133 feet of shoreline, Park Dedication Fee For a subdivision that results in two new lots, Section 1130,08 Subd. 2 of the Subdivision Ordinance permits the City to require the applicants to dedicate up to six percent of the buildable land area in the subdivision or to pay a park dedication fee of up to six percent ofthe property's land value at the time the final plat is approved, Given the small size and location of a potential land dedication, a park dedication fee would be more appropriate then a land dedication. The applicant has submitted an official appraisal for Lots 2 and 3 prepared by Real Estate Appraisal Services, LLC. Lot 2 is valued at $180,000 and Lot 3 is valued at $190,000 (Attachment 7D-2). The maximum park dedication fee for the two lots would be $22,200 or $11,100 per lot, which is six percent of the appraised market value of the land. Since State Statutes permit the City to only charge a park dedication fee for the new lots, Lot 1 is not subj ect to a park dedication fee. While the City does have guidelines for setting the maximum park dedication fee, State Statutes (462,358 Subd 2,b and 2,c) have additional criteria that while not directly reflected in the City's Subdivision Code, must be considered: . The regulations may require that a reasonable portion of the buildable land, as defined by municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas or ponds and similar utilities and improvements, parks, recreational facilities, playgrounds, trails, wetlands, or open space . In establishing the portion to be dedicated or preserved or the cash fee, the City shall give due consideration to the open space, recreational, or common areas and facilities open to the public that the applicant proposes to reserve for the subdivision. . The municipality must reasonably determine that it will need to acquire that portion of land for the purposes stated in this subdivision as a result of approval of the subdivision. . The municipality must not deny the approval of a subdivision based solely on an inadequate supply of parks, open spaces, trails, or recreational facilities within the municipality, . There must be an essential nexus between the fees or dedication and the municipal purpose sought to be achieved by the fee or dedication. The fee or \\Metro-inet.uslardenhillslPlanninglPlanning Cases\2006\06-039 Boutin - Lake Johanna Woods Final Plat (PENDING)\031207 - CC Report- Boutin Final Plat.doc Page 2 of6 dedication must bear a rough proportionality to the need created by the proposed subdivision or development. . If a municipality is given written notice of a dispute over a proposed fee in lieu of dedication before the municipality's fmal decision on an application, a municipality must not condition the approval of any proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee in lieu of dedication, The italicized bullet points are particularly important because they point to the overall theme in State Statutes for setting the park dedication fee. Essentially, the park dedication fee must be reasonable and proportional to the impact of the subdivision on the park system, Based on the park dedication fees applied to other recently approved subdivisions, the City Attorney has expressed some concern that the maximum fee for the final plat of Lake Johanna Woods may not be reasonable or proportional to the impact of the subdivision, For example, the maximum fee for the Lake Johanna Woods Final Plat is potentially $22,200 for two new lots, However, the maximum fee for the Burroughs Lane Final Plat (PC 06-038) is only $13,935 for two new lots. It would be difficult for the City to demonstrate that the two new lots in the Lake Johanna Woods plat have almost twice as much impact on the City's park system as the two new lots in the Burroughs Lane final plat in terms of park need and use, The park dedication fees charged to new subdivisions since 2005 is as follows: Status Plannin Case 05-019 Park Dedication Fee New Lots Fee per Lot $15,600 3 $5,200 Approved 06-002 06-004* *Reduced from maximum ark dedication fee The City Attorney and I have discussed the option of using a running average of past park dedication fees, including the potential maximum fee of the final plat(s) under review, to calculate more equitable park dedication fees. Using a running average would produce a park dedication fee that adjusts for changes in land value over time while keeping the fee per lot comparable to other subdivision approvals, Including the two final plats currently under review and the four other park dedication fees charged since 2005 would generate an average park dedication fee of $6,276 per lot, which is slightly less than the maximum park dedication fee for Burroughs Lane and a little than half the maximum park dedication fee for Lake Johanna Woods, It is not necessary to change the Subdivision Ordinance at this time to use this method since it is meant to respect the limits on park dedication fees set in State Statutes. Furthermore, the Page 3 of6 \\Metro-inet.uslardenhillslPlanninglPlanning Cases\2006106-039 Boutin - Lake Johanna Woods Final Plat (PENDING)\031207 - CC Report- Boutin Final Plat.doc Subdivision Code only sets the maximum park dedication fee as opposed to a mandatory park dedication fee. The applicant has submitted a letter requesting the City Council to waive the park dedication fee and why the fee should be waived (Attachment 7D-2). In addition to the total appraised value of the two new lots, the appraisal also includes the estimated value of the drainage easements that were acquired by the City for the stormwater ponds on Lots 2 and 3. While the drainage easements are somewhat related to the subdivision, Staff considers the two issues to be separate. Additionally, while the easements have a public use, the easements are not open to the public and do not offset any impact on the increased need for park space and facilities, However, if deemed appropriate by the City Council, the fee can be further reduced by amending condition number five, Staff is recommending a park dedication fee of $6,276 per lot in the Lake Johanna Woods subdivision for a total park dedication fee of$12,552. Additional Condition for Approval & Modification Conditions As noted above, Staff is recommending one additional condition that was not discussed at the Planning Commission meeting, The proposed condition would enhance the City's ability to protect the remaining trees on the property and would become condition number 13: 13, A temporary fence shall be placed between the construction area and the areas not approved for tree removal prior to any additional grading work on the property. The fence shall not be removed until all grading work is completed, The fence's location and the fence removal shall be subject to City Engineer and City Planner approvaL At the recommendation of the City Attorney, conditions six and seven were modified to make the applicant responsible for replacing trees for the two years after the final plat is approved as opposed to transferring the responsibility to future property owners, Transferring the responsibility to future property owners would make it more difficult for the City to enforce the tree protection conditions, Development Aereement The City Attorney has prepared a development agreement to include with the approval of the final plat (Attachment 7D-3), Recommendation The Planning Commission reviewed Planning Case 06-039 and unanimously (4-0) recommends approval based on a finding that the Final Plat of Lake Johanna Woods and the Development Agreement is in conformance with the requirements of the Preliminary Plat approval in Planning \lMetro-inet.us\ardenhillslPlanninglPlanning Cases\2006\06-039 Boutin - Lake Johanna Woods Final Plat (PENDING)\031207 - CC Report- Boutin Final Plat.doc Page 4 of6 Case 06-026 and is in conformance with the requirements ofthe City's Subdivision Ordinance, The recommendation for approval is subject to the twelve conditions recommended by the Planning Commission and one additional condition recommended by Staff (#13): I, The applicant shall continue to be subject to all of the conditions for the preliminary plat as approved in Planning Case 06-023. 2, The applicant shall conform to all requirements for Final Plats in Chapter 12 of the City Code. 3. The plans shall be amended to be in full compliance with the City Engineers memo dated January 25,2007, The revised plans shall be submitted prior to the City signing the Final Plat. 4, The applicant shall be responsible for raising the manholes to the final elevation prior to the City signing the Final Plat. 5, The applicant shall pay a park dedication fee of $6,276 prior to the City signing the Final Plat or on a payment schedule determined by the City Council and subject to City Attorney review. 6. The applicant shall be responsible for ensuring the viability of the six Colorado spruce trees along the hillside for a period of two years. Should any of the trees die during that time, the applicant shall replace the trees within thirty days or at the beginning ofthe next growing season as determined by the City Forester, This condition shall remain in place for two years after the Final Plat is filed with Ramsey County, 7, No additional trees shall be removed from the forty (40) foot setback area along Siems Court without prior approval from the City Forester and City Planner. If any additional trees are removed from the setback area by manmade forces, the City shall require the replacement of 125 percent of the removed caliper inches of trees, If any additional trees are removed from the setback area by manmade forces, the City shall require the replacement of 100 percent of the removed caliper inches of trees. The removed trees shall be replaced within thirty days of removal or at the beginning of the next growing season as determined by the City Forester. The replacement tree species, size, and planting location shall be subject to City Forester and City Planner approvaL This condition shall remain in place for two years after the Final Plat is filed with Ramsey County, 8, The applicant may plant trees and other vegetation within the City's drainage and utility easement with prior approval from the City Engineer and City Forester. 9. All three lots shall use Lake Johanna Blvd as the official access point to the property. 10. The City Attorney shall prepare a development agreement that shall be subject to City Council approvaL The development agreement shall be signed by the property owners prior to the City signing the Final Plat. II, The developer shall file the Final Plat with the Ramsey County Recorder and provide the City with a recorded copy within 180 days of approvaL 12, The property owner shall not restrict the City's access to the drainage and utility easement area, The City shall not be responsible for the cost of replacing, removing or repairing any damage to any fences or structures in the drainage and utility easement area. 13. A temporary fence shall be placed between the construction area and the areas not approved for tree removal prior to any additional grading work on the property, The fence shall not be removed until all grading work is completed The fence's location and the fence removal shall be subject to City Engineer and City Planner approval, \lMetro-inet.us\ardenhillslP/anninglPlanning Cases\2006\06~039 Boutin - Lake Johanna Woods Final Plat (PENDING)\031207 _ CC Report- Boutin Final Pial. doc Page 5 0[6 Options 1. Approve the proposal as submitted. 2, Approve the proposal with conditions, 3. Deny the application with reasons for denial. If the City denies the petitioners request, ",..it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information, A Final Plat can only be denied ifit is not possible for the applicant to conform to the City's subdivision regulations and the conditions of the Preliminary Plat. Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on January 16, 2007, Pursuant to Minnesota State Statue 462.358 Subd 3b, the City must grant final approval within 60 days of the completed submittal ifthe applicant has complied with all conditions and requirements of applicable regulations and all conditions and requirements upon which the preliminary approval was expressly conditioned either through performance or the execution of appropriate agreements assuring performance, The City must make a final decision on the application no later than March 16, 2007, Attachments 7D-1 Draft Planning Commission Minutes 7D-2 Letter and Land Appraisal from the Applicant 7D-3 Development Agreement 7D-4 Resolution 07-34 7D-5 February 7,2007, Report to the Planning Commission- htto://www.ci.arden-hills.mn.us \\Metro-inet.us\ardenhillslPlanninglP/anning Cases\2006\06-039 Boutin - Lake Johanna Woods Pinal Plat (PENDING)\031207 ~ CC Report ~ Boutin Final Plat.doc Page 6 of6 Attachment 7 D -1 Draft Planning Commission Minutes March 12, 2007, City Council Meeting ARDEN HILLS PLANNING COMMISSION - FEBRUARY 7, 2007 3 B. PLANNING CASE 06-039: FINAL PLAT OF LAKE JOHANNA WOODS; ARLENE BOUTIN; 1600 LAKE JOHANNA BLVD Mr, Lehnhoff stated the applicant was requesting Final Plat for "Lake Johanna Woods" at 1600 Lake Johanna Blvd, to re-plat the property from one combined lot into three conforming lots, Staff recommended approval of the Final Plat subject to the following conditions: L The applicant shall continue to be subject to all of the conditions for the preliminary plat as approved in Planning Case 06-023, 2, The applicant shall conform to all requirements for Final Plats in Chapter 12 of the City Code, 3, The plans shall be amended to be in full compliance with the City Engineers memo dated January 25,2007, The revised plans shall be submitted prior to the City signing the Final Plat, 4. The applicant shall be responsible for raising the manholes to the final elevation prior to the City signing the Final Plat. 5. The applicant shall pay a park dedication fee as determined by the City Council prior to the City signing the Final Plat or on a payment schedule determined by the City Council and subject to City Attorney review, 6, The applicant shall be responsible for ensuring the viability of the six Colorado spruce trees along the hillside for a period of two years. Should any of the trees died during that time, the applicant shall replace the trees within thirty days or at the beginning of the next growing season as determined by the City Forester. This condition shall remain in place for two years after the Final Plat is filed with Ramsey County and shall transfer to subsequent owners of the property within that time period. 7, No additional trees shall be removed from the forty (40) foot setback area along Siems Court without prior approval from the City Forester and City Planner, If any additional trees are removed from the setback area by manmade forces, the City shall require the replacement of 125 percent of the removed caliper inches of trees, If any additional trees are removed from the setback area by natural forces, the City shall require the replacement of 100 percent of the removed caliper inches of trees. The removed trees shall be replaced within thirty days of removal or at the beginning of the next growing season as determined by the City Forester. The replacement tree species, size, and planting location shall be subject to City Forester and City Planner approvaL This condition shall remain in place for two years after the Final Plat is filed with Ramsey County and shall transfer the subsequent owners if the property is sold. 8, The applicant may plant trees and other vegetation within the City's drainage and utility easement with prior approval from the City Engineer and City Forester, 9. All three lots shall use Lake Johanna Blvd as the official point to the property. 10, The City Attorney shall prepare a development agreement shall be subject to City Council approvaL The development agreement shall be signed by the property owners prior to the City signing the Final Plat. 11, The developer shall file the Final Plat with the Ramsey County Recorder and provide the City with a recorded copy within 180 days of approvaL 12. The property owner shall not restrict the City's access to the drainage and utility easement area, The City shall not be responsible for the cost of replacing, removing ARDEN HILLS PLANNING COMMISSION - FEBRUARY 7, 2007 4 or repairing any damage to any fences or structures in the drainage and utility easement area. Commissioner Thompson moved, seconded by Commissioner Larson to approve Planning Case No. 06-039, Final Plat of Lake Johanna Woods; Arlene Boutin; 1600 Lake Johanna Blvd, based on a finding that the Final Plat is in conformance with the conditions of the preliminary plat approval in Planning Case 06-026 and the City's Subdivision Ordinance, subject to the twelve conditions as noted in staffs February 7, 2007, report in Planning Case No, 06-039. The motion carried unanimously (4-0), Attachment 7D-2 Letter and Land Appraisal from the Applicant March 12, 2007, City Council Meeting February 16,2007 To: The Arden Hills City Council From: Arlene Boutin, MD Re: Lake Johanna Woods Subdivision A brief history of the property: I purchased the I 600 Lake Johanna Blvd property in 1975 and added the 3 wooded lots in 1984. The wooded lots provided a significant degree of privacy from the road and space for my boat and jet-ski storage during the winter months, Aside from the privacy and storage value, the wooded lots added to the ambience and curb appeal of my property, In 1988, following a divorce, I had the City engineer advise me that I had 3 buildable lots in the wooded area and I placed them for sale, Within 30 days, someone stole my for sale sign and I discovered I could get by without selling the lots, so I decided to hang on to the land. Since 1988, I have enjoyed the luxury of having a wooded area next to my home that was my own private property. The Siems Court Project: In 2006, I was contacted by the City engineer about a project that would re-route the storm drainage from Siems court on to my land, This project would require a NERP pond, designated wetlands and upgrade the run off process into Lake Johanna In order for all of this to happen, I was to give up the use, through easement, of a significant portion of my woodland. The trees, which had shielded my pool and backyard from the road, would be removed and the area I used to park my boat would become the NERP pond. Lake Johanna Woods Subdivision: If the City hadn't needed my land for the Siems Court drainage project, there wouldn't be a Lake Johanna Woods Subdivision. Since the drainage project required that the vast majority of the woods be removed, I decided the property had lost its value as a buffer to the road and I planned to sell two of the building lots, Public Use Dedication: "Therefore, in addition to the dedications required by Subd, I, the developer of a parcel of land shall dedicate to the public for use as parks, playgrounds, trails, wetlands or open space, a reasonable percentage of the tract to be developed," Since the water from the Oak St drainage project, as well as the Siems Court project now runs on to my land, I feel that I have met the subdivisions requirement for a reasonable percentage of the land being used for the public good, I have had the land appraised and broken down into what I have left to build on and what has been given to the City, through easement, to handle the run off from two contiguous neighborhoods and improve the quality of Lake Johanna. I have had the land appraised to determine the value of the land lost to permanent easement (see attached), Based on a reasonable rate of reimbursement, a value of $21,371.72 has been placed on one of the lots and $6,739.20 on the other for a total value $28,110.92, This does not take into account the loss in value to my home by the removal of the woods. In summary, I would like to make the case that I have given much to the City of Arden Hills, to my neighbors, who are no longer troubled by erosion and to Lake Johanna. What was once my shelter from the storm, my privacy curtain to a busy road and a place to park my boats is now for all intents and purposes lost to me, It had significant value and I would ask that you waive any additional dedications in light of the above. Thank you for your consideration Enclosures (2) Real Estate Appraisal Services, LLC File No. 00031773 APPRAISAL OF LOCATED AT: xxxx Lake Johanna Boulevard Arden Hills, MN 55112-3669 FOR: Private Party L 0-1- ~ BORROWER: AS OF: BY: Linda L. Fearing, SRA Certified Real Property Appraiser 2345 Rice Street, Suite 203, Roseville, MN 55113 P) 651-490-0037 Fax) 651-490-0502 Property Address xxxx Lake Johanna Boulevard Census Tract 0408.03 LENDER DISCRETIONARY USE Citv Arden Hills Countv Ram s;;- State MN liD Code 55112-3669 Sale Price I Leoal Descriotion Lake Johanna Woods Lot 2 Date Owner/Occu ant Arlene Boutin M, Reference Kinns Man:93-2D Mortgage Amount I Sale Price $ N/A Date of Sale N/A Property Rights Appraised Mortgage Type Loancharoesfconcessionstobeoaidbvseller$ N/A 0 Fee Simple Discount Points and Other Concessions R,E. Taxes $ N/A TaxYear N/A HOA SIMo N/A 0 Leashold Paid by Seller I lender/Client Private Partv R Condominium (HUDNA) PUD Source LOCATION DUrban (SJ Suburban ~ Rural NEIGHBORHOOD ANALYSIS (;00" "" Fo;, Poo' BUilT UP [gJ Over 75% 025-75% OUnder2S% Employment Stabilily 0 0 0 0 GROWTH RATE o Rapid [gJ Stable o Slow Convenience to Employment 0 0 0 0 PROPERTY VALUES o Increasing [KJ Stable o Declining Convenience to Shopping 0 0 0 0 DEMAND/SUPPLY RShortage ~lnBalance RoverSUPPIY Convenience to Schools 0 0 0 0 MARKETING TIME Under 3 Mos X 36 Mas Over 6 Mos Adequacy of Public Transportation 0 0 0 0 PRESENT lAND USE % LAND USE CHANGE PREDOMINANT SINGLE FAMIL YHOUSING Recreation Facilities 0 0 0 0 Single Family ~ Not Likely 0 OCCUPANCY PRICE AGE Adequacy of Facilities 0 0 0 0 2-4 Family - Likely 0 Owner 0 $(000) (yrs) Property Compatibility 0 0 0 0 Multi-Family ---. In process 0 Tenant 0 170K Low New Protection from Detrimental Condo 0 0 0 0 Commercial ~ T' Vacant(0-5%) 0 900+K High 70 Police & Fire Protection 000 0 Industrial 10% Vacant (over5%) 0 Predominant General Appearance of Properties R~RR Vacant 5% 350K 40 Annealto Market Note: Race or the racial composition of the neighborhood are not considered reliable appraisallactors COMMENTS.See Attached Addendum. Dimensions 58.89 X 91.86 x 258 X 149.41 X 233.67 Topography Slo"innflow land Site Area 33,985+/ Square feet Corner Lot Interior Size Lara-er than t ieal Zoning Classification R-' Sinqle Family Residential Zoning Compliance Yes Shape Rectannular HIGHEST & BEST USE: Present Use Yes Other Use Drainage Annears Adenuate UTILITIES Public Other SITE IMPROVEMENTS Type Public Private View Residential/Lake Johanna Electricity 0 Street Asphalt 0 0 Landscaping Vacant lot G" 0 Curb/Gutter Cement 0 0 Driveway Vacant lot Water 0 Sidewalk None 0 0 Apparent Easements Drainane, utilit , pondinq Sanitary Sewer ~ Street Lights Overhead P1 R FEMA Flood Hazard Yes~ No Storm Sewer Allev None FEMA'Man/Zone C Comments (Apparent adverse easements, encroachments, special assessments. slideareas,etc,) See Attached Addendum_ The unoo..ignoo ".. ,"c,too tnr.. roconl ..Ies 01 properl;., mo,t "m,lla' .00 p,o"m"e 10 'Ubl'01 .no has oon,ioo,ed '''e,. ,n t". mar..t 3n31ysis T"eoHcriptjoninoluoesaoollor adjustmenl, rolloclln9 ",,,,ot r..ot,on to those i1<m. of 'ignJt,o.nl ,.ri.llO" ~.twe." In. ,"OJ''! '"0 oomp.<oble prop.l1;., If a S1gnilio.nl ilOm In lhe compar.ble prop.rty is '"porio, 10,0' mare lavor.ble lil.n, th. subfect property, a minus (_j .dlustmeot" m.d.. tnu, "0"""9 t'" ,ndlc.led ".1"< ot subj'CI. ir, .,gniricant item i" t"e comparable is ,ofoTior 10. 0' I. S5 r 0 v 0 r 3 b I e 111" n, 1I1 e '" b lee I pro p e, t y. a pi"' (. ) a" i u, tm e n t " m 0 ~.. t n u, In" e." n g I h. ,"<I, c, t e ~ va I uo of the sub I' 01 ITEM SUBJECT COMPARABLE NO 1 COMPARABLE NO 2 COMP,ll,R,ll,BLE NO 3 xx Lk Johanna Blvd 3809 New Brighton Boulevard 40XX Valentine Court 1474 Dawn Circle Address Arden Hills Arden Hills, MN 55112 Arden Hills, MN 55112 Arden Hills, MN 55112 Proximitv to Subiect ..,..', , m lIe Northwest 1.5 miles North 2 miles Nnrth Sales Price I N/A I 220,000 I 260,000 . I , B5,000 Price! I lZl $ lZl I lZl I lZl' . Data Source MLS Files/Count" record-s MLS Files MLS Files VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION '1 'i-iS ~Ol""m.n' DESCRIPTION I '{_lSAdj"stmenl DESCRIPTION +(.}SAdi",tm.nt , Sales or Financing .,' Conventional Conventional Conventional Concessions . None reoorted None reoorted None re"orted Date ofSalefTime Inspected 01/16/07 06/30/2006 04/12/2006 11/14/2005 : . Location Suburban Suburban Suburban Suburban SitelView Res/Lake Johanna Res iden liallO lfic e 40,000 Res/Lake Valentine Res/Floral Park : Size (SF 33,9B5 SF 56,628+/ SF -40,000 26,136+/- SF 15,000 14,810+/-SF 45,000 TODOqraphv Slopina/low land Slooir;-;- -30,000 Slonina -30,000 Sloninn : -30,000 Tree Coverane Minimal Heavv -20,000 Heavv -20,000 Minimal Street exposure Local thorouohfare Local thorou"hfare Cul-de-saclthrufare -, 0,000 Cul-de-sac -20,000 Net Ad' total\ .,..,. . Xl- :I 50,000 I I. IX I. :I 45,000 liT. Txl- :I 5,000 Indicated Value ....Y' 'Gross: 59,'1. Gross: 28.8 I :.:;,'iYB;~I, ofSubiect , Net: .' -22.7 $ 170,000 Net: -17,3 $ 215,000 180 000 Comments of Sales Comparison: See Attached Addendum Comments and Conditions of Appraisal: See Attached Addendum. Final Reconciliation: See Attached Addendum. . - t (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS OF to be $ . I (We) certify that to the best of my (our) knowledge arld beltef the facts and data used herem are true and correct that I (we) personally mspected the subject properly aAd mspected all comj!,arable ~"I"s lted III thls~port and that I (we) have no undisclosed mterest present or prospective therem I 7 .ex. ODld ODtdNot Appralser(s) r I ReView Appraiser L"rn1'f'a L. Fea",A,n SRA ____ .J (if applicable) Inspect Property LAND APPRAISAL REPORT File No 00031773 '(op,ielarylandFmmG418B p'o.".d ",m, ~C, "1,,,.,,. e~G.!l..~n; ,,,.., 00",".<0'" Real Estate Appraisal Services, LLC T~e undor'ig"ed has ,.C(lOd \t".. ,"cont soles ot p'Op.,tlO' mo,t sim,I,", ,nd vro"m,te to ,ubi.ot and M" oonsid.ro~ th..o in the m",~et "n.lyslS The d.scription include>' dollar adjuslment, ,.llooti"g mor.et feaotion to those ;lom, of "goifio,n1 variation Oe1w..n th. subieot 'nd comparahle plavoflle, II a significant ilOm 1n the oamp..able pfoperty is '"pe"Or ". ., more favOfable lh.n, th. .uhieol pfOp..ty, . minu, (.j .diustm.,,1 " m.de. thu, reducing tho indIca led ..1"0 01 SUOjeot; il . ..gnlfio.nt it.m in the comvafahle " Inlerior ta, or I.., lavo,.bi. tl,.n,loe subjeot pfoperty, a plu'(+I.diu.lm.n l..made Ihu,inorooSlngtheindloat.dvalueaftoe,uhlect ITEM SU8JECT COMPARA8LE NO, 4 COMPARABLE NO. 5 COMPARABLE NO.6 xx Lk Johanna Blvd 3379 Lake Johanna Boulevard Address Arden Hills Arden Hills, MN 55112 Proximitvto Sub'ect Across lake Sales Price I NfA $ 200,DOO .' $ ,... ,,', $ Plicef $ 11>$ 11> $ 11> $ 11> . Data Soun;e County records VALUE ADJUSTMENTS DESCRiPTION DESCRIPTION 1 +(_)5Mlu,tm.n, DESCRIPTION I +(_)$ Adi"stment DESCRIPTION 1 .(_)$ Adiustment Sales or Financing i,.".y ..,. Conventional Concessions None reported Dale 01 SalefTime Insoected 01/16/07 11f13f2002 30,000 : Location Suburban Subu rbanfLkrin h Is -25,000 SilelView Res/Lake Johanna Res/Lake Johanna Size SF) 33,9B5 SF 17,000+/- SF 40,000 : : Tooooranhv Sloninl1flow land Sloninq -30,000 Tree Coveraqe Minimal Minimal : Street exnosure local thorounhfare local thorouqhfare Net Ad;' (Iotal) -, ; 1 IX , 1 :l 15,000 X I, I. :l 0 ,IX , 1 :$ 0 Indicated Value ;,i;.i..=..,... Gross: 62~ I, Gross: O~l o l~:;~~i\\~'KI, 01 Sub-eel '.,i............. Net: 7.5 $ 215,000 Net: 0.0 $ 0 . - LAND APPRAISAL REPORT File No 00031773 'ropr..t.rj Land fOfm 04188 p"""<O'"';"9ACI"h~'".~"".l''.312I"u..o'''...oo''' ADDENDUM Borrower: Property Address: xxxx lake Johanna Boulevard City: Arden Hills Lender: Private Party _ File No.: 00031773 Case No.: State: MN Zip: 55112-3669 Neighborhood Comments The subject property is located in the suburban community of Arden Hills which is located approximately eight miles to the North of the downtown employment area. Good freeway access is provided by 1-694. Arden Hills is a popular suburban community with good market appeal. Per the 2000 Census, Arden Hills has a population of 9,652 and a total of approximately 3,017 housing units. There is some new construction in the community but it is very limited. Almost the entire northern half of Arden Hills is currently occupied by a former munitions complex. The City has recently acquired a good portion of this land and is in the process of planning for a mix of residential and commercial use in this area. Arden Hills currently has a mix of office/light industrial with some commercial uses but consists primarily of residential properties. There are parks throughout the community as well as some small lakes, good access to local schools. Site Comments The subject is an interior lot with frontage along the south side of Lake Johanna Boulevard, a local thoroughfare. The site slopes down from the road and is low in the center. To the immediate north of the site across Lake Johanna Boulevard is a single family home, to the west is a single family home, to the immediate east is another vacant lot and south is a detached, single family homes. The subject site has at least a partial view of Lake Johanna. The existing low land (the proposed ponding easement area), encumbers a significant portion of the site, limiting the overall use of the site. The purpose of this appraisal is twofold. First. the value of the subject site as a single family, vacant lot will be estimated. Secondly, the value of the permanent easement acquired by the City of Arden Hills for drainage (ponding) purposes will be calculated on a "per square foot basis", based on the estimated value of the subject lot. Comments on Sales Comparison The subject property is a single family site at the southwest comer of Lake Johanna Boulevard and Siems Court. Comparable sale data for recent, vacant single famiiy sites in Arden Hills is very limited, The sales cited are the most recent sales found after an extensive search of MLS records, tax reports, and interviews with the Arden Hills Building Inspector and City Planner. Saie one is the most recent site sale found. It is located approximateiy one mile to the northwest of the subject, just to the south of the intersection of County Road E2 and New Brighton Road. It is in a primarily residential neighborhood of various age and style homes. An older home had been on the site, but was torn down to create a vacant site for a new home, The site has frontage along the west side of New Brighton Road, a neighborhood thoroughfare. It is well wooded throughout, slopes down at the rear to a wooded ravine, beyond which is an office building and then Highway 35W. The topography and tree cover, limit the impact of the office building and highway. Please note, it appears that a roadway was piatted to run along the west end of the site, however this road was never constructed, presumably because of the deep ravine running through this general area. A new home is currently under construction on this site. Sale two is located in a residential neighborhood just to the west of Snelling Avenue, Valentine Lake and Bethel College. This lot was created out of a split from an adjacent home site. It remained unimproved as of the date of appraisal. It has frontage along the Valentine Court cul-de-sac. It is well wooded throughout, slopes down to the east, to Snelling Avenue, a local thoroughfare, Due to the high elevation and tree cover, Snelling Avenue has minimal impact on the site. The proximity to Snelling Avenue is also offset by the view of Valentine Lake from the high building pad on the site. Sale three Is located in a residential neighborhood along the Dawn Circle cul-de-sac. It slopes upward from the road and has some tree cover. It backs up to Floral Park, a small, city nature and recreational park with heavy tree cover. A new home has been constructed on this site. Sale four Is a relatively dated saie, having taken place in November of 2002, but it is cited due to good proximity to the subject site. This sale is located along the west side of Lake Johanna, along the west side of Lake Johanna Boulevard. Many of the homes along this stretch of Lake Johanna Boulevard have narrow take frontage access points aiong the lake. This site only has access to the lake in the fonm of a small deeded access piece, owned with several other properties in this area. This site is generally open, with minimal tree cover, but does have a good view of Lake Johanna. After reasonable adjustments for significant variance in lot size, view amenity, tree coverage and street location, and low land, a telling range results. Together the com parables cited give a good indication of generally site values in Arden Hills. Condition of Appraisal Comments THIS IS A SUMMARY APPRAISAl REPORT. The signature on this report is an electronic signature. DIGITAL SIGNATURE & ELECTRONIC TRANSMISSION COMMENTS: Addendum Page 1 of 2 ADDENDUM Borrower: Property Address: xxxx Lake Johanna Boulevard City: Arden Hills lender. Private Party File No.: 00031773 Case No.: State: MN Zip: 55112-3669 This appraisal was transmitted to the client electronically and includes digital signatures. A digital signature is defined by USPAP as "personalized evidence indicating authentication of the work perfonned by the appraiser and the acceptance of the responsibility for content, analyses, and the conclusions in the report." According to USPAP, "a signature can be represented by a handwritten mark, a digitized image oontrolled by a personal identification number. or other media, where the appraiser has sold personalized control of affixing the signature." The Statement on Appraisal Standards No.8 (pg. 91 & 92 of the 2000 edition of USPAP) clarifies many issues regarding the use of digital signatures and electronic transmission of appraisals. The "conclusion" of Statement 8 summarizes the important issues as follows: * An electronically transmitted report is a written report and must meet USPAP reporting requirements. * Appraisers must take reasonable steps to protect the data integrity of transmitted reports. * Any software program used to transfer a report electronically must provide, at a minimum, a digital signature security features for all appraisers signing the report. * Electronically affixing a signature to a report carries the same level of authenticity and responsIbility as an ink signature on a paper copy report. * The "Record Keeping" section of the ETHICS RULE applies to all reports and permits storage on electronic, magnetic, or other media. A true electronic and/or paper copy of the transmission must be retained by the appraiser. This appraisal also included digital photos of the subject and comparables. The images shown in this report are printed exactly as they were taken. No alteration or enhancement of the digital photos was made_ ThIS appraiser has made every attempt to comply with the requirements set forth in USPAP regarding this issue. If the reader of this report requires any further information Final Reconciliation Based on the com parables cited. a value of $180,000 or $5.30 per square foot, is considered reasonable for the subject site. Using the dimensions shown on attached plat map of Lake Johanna Woods, I have roughly calculated the permanent drainage (ponding) easement area acquired from this site to be approximately 20,162 square feet. Please note, I did not include the perimeter drainage and utility easement area, as this type of easement is typically dedicated on all newly platted lots in Arden Hills. (t is my understanding that the easement area to be acquired was existing low land with limited utility in the before position. While this area is part of the whole, and does contribute to the overall size of the site, in my opinion the reimbursement value should be based on something considerably less than the overall value of $5.30 per square foot. There will be a permanent easement over a large portion of the site, however for all practical purposes the land area remains as a portion of the whole. Based on all of the above, it is my opinion that a reasonable rate of reimbursement is approximately 20% of the per square foot factor of $5,30 or $1.06 per square foot. Applying this rate to the permanent easement or 20,162 SF, a total value of $21,371.72 results for the permanent easement acquisition. Addendum Page 2 of 2 '':;,::.:. ~ ':.~'. ~ . \ \ \ : \ ~ 1 "'.'-, \ \ \ \ 1 . \l ,- \ \ \ \ \ \ \ 0 \ , \ ~ \~ \ \ \ \ \ ~ b ;; ;I: r- ~ p ~ · ~ ill ~ ~ ~~ ~~ 2~ ~~ I /. / .:::,. SIJ"OI:5.;W 5'O~f.4I.:A~)" -~ 8J~ ~ ',;.. '....-_... --~"'-':..:-_~-=~. , ~ ~ ~ .~~~~. " "':.' ~ ....' "'.:. "'\\l ~- :~ ~= . 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"[)<1; " , ~~~ ::z...~ .0, ~~~ '" ~ , ~ ~ ~ ~ ~I ~ ::b ~ 81 <:1)1 Real Estate Appraisal SerVices, LLC File No. 00031702 APPRAISAL OF LOCATED AT: xxxx Lake JOhanna Boulevard Arden Hills, MN 55112-3669 FOR: Private Party Lof 3 BORROWER: AS OF: BY: Linda l. Fearing, SRA Certified Reaf Property Appraiser 2345 Rice Strsst, Suit. 203, Rossvilts, MN 55113 PJ B5'-490,0037 Fax) 651-490_0502 ,.ddress xxxx Lake Johanna Boulevard census Tract 0408.03 LENDER DISCRETIONARY USE Arden Hills County Ram sev State MN Zip Code 55112-3669 Sale Price $ Leoal Description Lake Johanna Woods Lot 3 Date Owner/Occupant Arlene Boutin M, Reference K]ngs Man:93-2D Mortgage Amount $ .. Sale Price $ N/A Dale of Sale N/A Property Rights Appraised Mortgage Type Loan charae s/concessions to be paid _~y seller $ N/A 0 Fee Simple Discount Points and Other Concessions R.E_ Taxes $ N/A Tax Year N/A HOA $/Mo N/A 0 leashold Paid by Seller $ Lender/Client Private Party IR Condominium (HUDIVA) PUO Source LOCATION ~Urban ~Suburban ~ Rural NEIGHBORHOOD ANALYSIS Gooo "0 >.;t P~o' BU1LTUP (KJ Over 75% 025-75% o Under25% Employment Stability 0 0 0 0 GROWTH RATE o Rapid !KJ Stable o Slow Convenience to Employment 0 0 0 0 PROPERTY VALUES o Increasing !KJ Stable o Declining Convenience 10 Shopping 0 0 0 0 DEMAND/SUPPLY o Shortage ~lnBalance o OverSupply Convenience to SchOols 0 0 0 0 MARKETING TIME nUnder3Mos. i'X13-6 Mos. nOver6Mos Adequacy of Public Transportation 0 0 0 0 ~ PRESENT LAND USE % LAND USE CHANGE PREDOMINANT SINGLE FAMILY HOUSING Recreation Facilities 0 0 0 0 Single Family 75% Not Likely 0 OCCUPANCY PRICE AGE Adequacy of Facilities 0 0 0 0 . 2-4 Family Likely 0 Owner 0 $(000) (yrs) Property Compatibility 0 0 0 0 .. Multi-Family In process 0 Tenant 0 170K Loll' New Protection from Detrimental Condo 0 0 0 0 Commercial 10% T, Vacant(O-5%) 0 900+K High 70 Police & Fire Protection 0000 Industrial 10% Vacant {over 5%} 0 Predominant General Appearance ofProper!ies R~RR Vacant 5% 350K - 40 Aooeafto Market Note: Race or the racial composition of the neighborhood are not consjdered reliable appraisal factors. COMMENTS-See Attached Addendum. Dimensions 89.9 x 68 X 216.6 x 43.1 X 119 x 258.7 Topography Slopinq Site Area 32.527 SF Corner lot Yes Size Laroer than typical Zoning Classification R-1 Sinole Fam ilv Residential Zoning Compliance Yes Shape Rectanoular HIGHEST & BEST USE: Present Use Yes Other Use Drainage Appears Adequate UTILITIES Public Other SITE JMPROVEMENTS Type Public Private Vjew Residential/Lake Johanna Electricily 0 Street Asphalt 0 0 landscaping Vacant lot G" 0 Curb/Gutter Cement 0 0 Driveway Vacant lot Water 0 Sidewalk None 0 0 Apparent Easements Drainaae. utilJty, Dondina Sanitary Sewer ~ Street Lights Overhead 0 R FEMA Flood Hazard Yes' N, Storm Sewer Allev None n FEMA~ Mac/Zone C Comments (Apparent adverse easements. encroachments. special aSSessments, slide areas. etc.): See Attached Addendum_ Tho "n" e,,, 9 0 0 d n as '0 c it. ~ tnT e, ,. c. n t so I., 01 pt 0 P or Ii., mo. t Sf m il,. , . n d p r ~,j mat. I a sub ie 0 t 3 n d n. s to" sid e 'e d th. 50 in t "" n, a r 1<:. I . n a Irs i, Theg"c'illl,o" 'Ocl"de'a dollar .oJ'''tm.nt. retlecl'og mark.t '..otion to those item. ot "9nif'cant varial'on belw.e" \110 ,ubJeot .nd compa'.bte p'operl,.. 11, "9ojf,c.nt ilem In tl1e tomp.t.ble p,operty is 'Up"roor <0, or m ore i."ar~bl' Ih.n, ih. 'ub).ct Pfoperty, . m,o", (.) adtustm.nt is mod.. thu, reduting He ind'c300d ".Iue 01 '"olecl if a "go,1'"'nl rte", 'n the compar'bl. i, inte,ior to. "' le"tavOf.bletnan.the,"bJ.otprnp,,,y,'PIU'(+JagjUSlm.Olis"'od..lllu,incTea"n9Ih.indicatedv3iueolthe,"bjecl ITEM SUBJECT COMPARABLE NO, 1 COMPARABLE NO. 2 COMPARABLE NO 3 lake Johanna Blvd 3809 New Brighton Boulevard 40XX Valentine Court 1474 Dawn Circle Address Arden Hills Arden Hills, MN 55112 Arden Hills, MN55112 Arden Hills, MN 55112 Proximitv to Sub-ect 1 mile Northwest 1.5 miles North 2 miles North Sales Price $ N/A "..,.. ..,.., $ 220,000 . . $ 260,000 $ 185,000 Price I $ IZl $ lZl $ lZl $ lZl . Data SOurce MLS Files/Countv records MLS Files MLS Files VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(-)~ Adiustment DESCRIPTION I +(,-I~ Adju,t"'""1 DESCRIPTION I '('iSAOi"'lfI\enl Sales or Finallcing Conventional : Conventional Conventional Concessions None reported None reported None reported Date of SalefTime InSDeCled 01/16/07 06/30/2006 04/12/2006 : 11/14/2005 : Location Suburban Suburban Suburban Suburban SitelView ResidenHal ResidentiallOffice 30,000 Res/Lake Valentine -20,000 Res/Flora! Park : ,20,000 Size (SF) 32,527 SF 56,628+/_ SF -40,000 26,136+/- SF 15,000 14,810+/_ SF 45,000 Topoe,aphy Slooinq Slooinq : Slooina Slopinq Tree Coveraqe Minimal Heavy -20,000 Heavv -20,000 Minimal Street exposure Local thorouqhfare local thorouQhfare CuJ-de-sac/thrufare : -10,000 Cul-de-sac -20,000 \jet Ad (total) II . Ix . :$ 30.000 I. XI_ :s 35.000 X . I :$ 5,000 ndicated Value .,' I ~;;;'{,<_;~:il $ G",,, ' .'250 Gross: 45~ I, >fSubject .,' 190 000 Net: -'13:5- $ 225.000 NBt: 2.7 $ 190,000 ;omments of Sales Comparison: See Attached Addendum :omments and Conditions of Appraisal: See Attached Addendum. inal Reconciliation: See Attached Addendum. {WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS OF to be $ (We) certify that to the best of my (our) knowledge and belief. the facts and data used herein are true and correct; that 1 (we) personally inspected the subject property "' i",p"',, ~"'~" ","", ""~'_'~'''''; :"' 'h,I' (we) h", " 00""'"" i"""I, p"ml" P"'P""" 'h",," ODid OOidNot ppralser{s) /' / Review Appraiser L1'r11ra L. FeafitJo_ SRA '-- J {if applicable) Inspect Property LAND APPRAISAL REPORT File No 00031702 P..dutod "'m~ ACt ,""".,,_ SOO."~ .5117 ..... _"..oh.eom .'y lan~ Form 04181 Real Estate Appraisal Services, LLC Th. uno",sLg....d ".. ,eciled Ihr.. f.cenl satas of p,operlies mosl .;mili.f and pro",,,,a!. 10 ,ubJ.ct "nd has considuod Ihas. in 111. m ",~al analysis. Th. ~..criplron includ.. a dollar adju.tment. r .fleetlng rn.r~'1 reaclion to IhO.. item' 01 signrtrc.nt varialion bel"..o ne sUbJocI .no comparable propell;es If. Slgnificanl item ;n the comparable property i. supe'io, ... or moro t..""ble than, Ih. sublecl property. a min"s (.) .0Justm.nt is m.o.. Ih"s reducing Ih. indioatoo v.lua ,,1 subjec!: rf . s;gnilie.nl ilem ;n tho oompa'able is rnlorior 10, 0' I." ..vor..ble !~ .n. rho SUbj@ct prop.rty, . plu, C.) .dju,lm@nl is m .11.. thus incra ..i"9 Ihe ;noro.t.~ v.lue 01 the SUbject ITEM SUBJECT COMPARABLE NO.4 COMPARA.BLE NO. S COMPARA.BLE NO.6 lake Johanna Blvd 3379 lake Johanna Boulevard Address Arden Hills Arden Hills, MN 55112 Proximilvlo Subiect . ,,,i,, Across lake Sales Price $ N/A .,',;"i i'i'i. $ 200000 I~ ~: $ ,. ,i"'" ',. $ Pricel $ III $ ,",'" $ III ,...' ....,', $ Ill;' ,'..,," Data Source Countv records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION +(.)$ Adiuslmenl DESCRIPTlON I +(-)SAdiuslm.nt DESCRIPTION I 'C-)SAdlustmanl SalesorFinancing ...< .i. ii>i.ii Conventional : : Concessions None renorted : Date ofSalelTime Inspected 01f16f07 11/13/2002 : 30,000 : : Location Suburban S uburban/Lkrlohts -25,000 SitelView Residential Res/lake Johanna -20,000 : Size (SF} 32,527 SF 17,000+1- SF 40,000 Tooooraolw Slooina Slooina Tree Coveraoe Minimal Minimal : Street exoosure ~ Net Adi (total Xi X + 1_ :$ 25,000 Xl. TT :$ 0 X I. I, :$ 0 Indicated Value .'".,, '... I ;;,;'...,..,<.$,RI$ ~:;1~/( ofSubiect 225,000 0 $ 0 LAND APPRAISAL REPORT File No 00031702 raprr.lary laod Form Q~185 Proj"'.ou."IACI.oa""....'.2H.R121"""..'....o"om State: MN Zip: 55112-3689 ADDENDUM Borrower: Property Address: xxxx Lake Johanna Boulevard City: Arden Hills Lender: Private Party File No.: 00031702 Case No.: Neighborhood Comments The subject property is located in the suburban community of Arden Hills which is located approximately eight miles to the North of the downtown employment area. Good freeway access is provided by 1-694. Arden Hills is a popular suburban community with good market appeal. Per the 2000 Census, Arden Hills has a population of 9,6q2 and a total of approximately 3,017 housing units. There is some new construction in the community but it is very limited. Almost the entire northern half of Arden Hills is currently occupied by a former munitions complex. The City has recently acquired a good portion of this land and is in the process of planning for a mix of residential and commercial use in this area. Arden Hills currently has a mix of office/light industrial with some commercial uses but consists primarily of residential properties. There are parks throughout the community as well as some small lakes, good access to local schools. Site Comments The subject is a corner lot with frontage along the south side of Lake Johanna Boulevard, a local thoroughfare. It has side exposure along Siems Court, an interior, residential road. The site slopes down from both roads and is generally flat in the center. To the immediate north of the site across Lake Johanna Boulevard is a single family home. to the west is another vacant lot. to the east and south are detached, single family homes. The subject site has a limited view of Lake Johanna. The purpose of this appraisal is twofold. First, the value of the subject site as a single family, vacant lot will be estimated. Secondly, the value of the permanent easement acquired by the City of Arden Hills for drainage (ponding) purposes will be calculated on a "per square foot basis", based on the estimated value of the subject lot. Comments on Sales Comparison The subject property is a single family site at the southwest comer of Lake Johanna Boulevard and Siems Court. Comparable sale data for recent, vacant single family sites In Arden Hills is very limited. The sales cited are the most recent sales found after an extensive search of MLS records, tax reports, and interviews with the Arden Hills Building Inspector and City Planner. Sale one is the most recent site sale found. It is located approximately one mile to the northwest of the subject, just to the south of the intersection of County Road E2 and New Brighton Road. It is in a primarily residential neighborhood of various age and style homes. An older home had been on the site, but was torn down to create a vacant site for a new home. The site has frontage along the west side of New Brighton Road, a neighborhood thoroughfare. It is well wooded throughout, siopes down at the rear to a wooded ravine, beyond which is an office building and then Highway 35W. The topography and tree cover, limit the impact of the office building and highway. Please note, it appears that a roadway was platted to run along the west end of the site, however this road was never constructed, presumably because of the deep ravine running through this general area. A new home is currently under construction on this site. Sale two is located in a residential neighborhood just to the west of Snelling Avenue, Valentine Lake and Bethel College. This lot was created out of a split from an adjacent home site. It remained unimproved as of the date of appraisal. It has frontage along the Valentine Court cul-de-sac, It is well wooded throughout, slopes down to the east, to Snelling Avenue, a local thoroughfare. Due to the high elevation and tree cover, Snelling Avenue has minimal impact on the site. The proximity to Snelling Avenue is also offset by the view of Valentine Lake from the high building pad on the site. Sale three is located in a residential neighborhood along the Dawn Circle cul-de-sac. It slopes upward from the road and has some tree cover. It backs up to Floral Park, a small, city nature and recreational park with heavy tree cover. A new home has been constructed on this site. Sale four is a relatively dated sale, having taken place in November of 2002, but it is cited due to good proximity to the subject site. This sale is located along the west side of Lake Johanna, along the west side of Lake Johanna Boulevard. Many of the homes along this stretch of Lake Johanna Boulevard have narrow lake frontage access points along the lake. This site only has access to the lake in the fonm of a small deeded access piece, owned with several other properties in this area. This site is generally open, with minimal tree cover, but does have a good view of Lake Johanna. After reasonable adjustments for significant variance in lot size, view amenity, tree coverage and street location, a telling range results, Together the comparables cited give a good indication of generally site values in Arden Hills, Condition of Appraisal Comments THIS IS A SUMMARY APPRAISAL REPORT. The signature on this report is an electronic signature. DIGITAL SIGNATURE & ELECTRONIC TRANSMISSION COMMENTS: This appraisal was transmitted to the client electronically and includes digital signatures. A digital signature is defined by USPAP as "personalized evidence indicating authentication of the work performed by the appraiser and the acceptance of the responsibility for content, Addendum Page 1 of 2 ADDENDUM Borrower: Property Address: xxxx Lake Johanna Boulevard City: Arden Hills lender: Private Party File No.: 00031702 Case No.: Stale: MN Zip: 55112-3669 analyses. and the conclusions in the report" According to USPAP. "a signature can be represented by a handwritten mark, a digitized image rontrolled by a personal identification number. or other media, where the appraiser has sold personalized control of affixing the signature." The Statement on Appraisal Standards No.8 (pg. 91 & 92 of the 2000 edition of USPAP) clarifies many issues regarding the use of digital signatures and electronic transmission of appraisals. The "conclusion" of Statement 8 summarizes the important issues as follows: * An electronically transmitted report is a written report and must meet USPAP reporting requirements. * Appraisers must take reasonable steps to protect the data integrity of transmitted reports. ... Any software program used to transfer a report electronically must provide, at a minimum, a digital signature security features for all appraisers signing the report. ... Electronically affixing a signature to a report carries the same level of authenticity and responsibility as an ink signature on a paper copy report. ... The "Record Keeping" section of the ETHICS RULE applies to all reports and permits storage on electronic, magnetic,. or other media_ A true electronic and/or paper copy of the transmission must be retained by the appraiser. This appraisal also included digital photos of the subject and comparables. The images shown in this report are printed exactly as they were taken. No alteration or enhancement of the digital photos was made. This appraiser has made every attempt to comply with the requirements set forth in USPAP regarding this issue. If the reader of this report requires any further information Final Reconciliation Based on the com parables cited, a value of $190,000 or $5.84 per square foot, is considered reasonable for the subject site. Using the dimensions shown on attached plat map of Lake Johanna Woods, I have roughly calculated the penmanent drainage (ponding) easement area acquired from this site to be approximately 5,760 square feet. Please note, I did not include the perimeter drainage and utility easement area, as this type of easement is typically dedicated on all newly platted lots in Arden Hills. Oil is my understanding that the easement area to be acquired was existing low land with limited utility in the before position. While this area is part of the whole, and does contribute to the overall size of the site, in my opinion the reimbursement value should be based on something considerably less than the overall value of $5.84 per square foot. There will be a permanent easement over a portion of the site, however for all practical purposes the land area remains as a portion of the whole. Based on all of the above, it is my opinion that a reasonable rate of reimbursement is approximately 20% of the per square foot factor of $5.84 or $1.17 per square foot. Applying this rate to the permanent easement or 5,760 SF, a total value of $6.739.20 results for the permanent easement acquisition. . ...., Addendum Page 2 of 2 ---'1,'-"'-:; / ' ~ .~'<,'l ...o/~. -<." ~... .. , /~~ ~ ~" V '!6 $!! /\\ ~ ~~ '/~ ,~~ ~ ~~ ~' : "':.' !;!~ ' '1\~ <0... ~~g ""~'", ~: ~~~ '"'",\~ .. ~,,~ '", ~\ ^ ------\ -,-:~:?; '~'~'<:'. \II ", "" :Lr--.i;:"",,, .. ':8 '. 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R~ 'n -~ ~~ ,~ O,?,:. o () ~~ S1: -f:- -..,;- ~9~ ~ ~ ~a ~" ~~ . i -----L________ " ~ e~ Rc ,; -----""-------- --'. ,. .C--____________ : ~: ~ I ~~ '::?'.., ! ~ ~~ , ~~ I ~'" :;! ~~ ";", ~ ~i ., " '-"., , . " ~... i 2 :,: '.' .. ~i ". '~ I . ~ ~ 'I . ~ < ~ " ~ ' , 1._~_~ -r-'-: ~ .......-T It: . , ~ . " '" -1--------- ------:--- '- '~..." '. 509'07).,-,.. 21J.TS .. -" '~'''- (FORMCR! y KNO/f1v AS ARDCN PLACE) . . ,~. ,', '-' .':' -.'J'.. ',:'; 500"55"0111:" s - .~. '.' ,.. '-' \~. '" -,':' C:>;IO!ti ...,:o.s:~ ~~XX ~"'~..... w~, ....-.....C "''''g~ ~~:o.~ _~ C~~c: ~~ ~~""~ 2..... ~~~:t "~ 14~~l;l ~ l')]o.g-o " ~ili~~ ~~ "':0.(.." "i ~~_....~ .... ~~~~ ~~Cl ~~- ~,,~ ~w' g,,~ " 8 i!: l' ~OO51 ,,+~ '" ~ \ --., " , =~Q ...~: :,~ ".~ .. . , . , ~~i n . ~..." ~'-.~ ~" ~:~ ~t: , ~ " ~ ~ ~ ~I ~ :b ~ 8 (J) Attachment 7D-3 Development Agreement March 12,2007, City Council Meeting DEVELOPMENT AGREEMENT CITY OF ARDEN HILLS ARLENE P. BOUTIN PC NO. 06-039 1,0 Parties. This Agreement is dated the 12th day of March 2007 and is entered into by and between City of Arden Hills, a Minnesota statutory city, (herein "City"); and Arlene P. Boutin, her successors and assigns (herein "Developer"). 2,0 Recitals. A Developer is the record fee owner of the following described property which will be platted as "Lake Johanna Woods": Lots 1, 2 and 3, Block 2, Arden Hills, Ramsey County, Minnesota; and Lot 1, Block 1, Wecks Addition, according to the recorded plat thereof, Ramsey County, Minnesota, except that part lying Westerly of the following described line: Beginning at the Northeast corner of said Lot 1; thence Westerly along the North line of said Lot 1 a distance of 158.20 feet; thence deflecting South 78 degrees 28 minutes a distance of 80.26 feet; thence deflecting West 16 degrees 28 minutes a distance of 83 feet, more or less, to the shoreline of Lake Johanna and there terminating; and, except that part lying South of the following described line: Beginning at the Southeast corner of said Lot 1; thence North along the East line of said Lot 1 a distance of 50 feet; thence South 76 degrees West, a distance of 72 feet, more or less, to the shore of Lake Johanna and there terminating, B. On the 1ih day of March 2007, the Arden Hills City Council reviewed the Development Application for the Final Plat of Lake Johanna Woods; the Arden Hills Staff and Consulting Reports; and approved the Final Plat of Lake Johanna Woods subject to the terms and conditions contained herein. 3,0 Terms and Conditions. In consideration of the City's approval of the Final Plat of Lake Johanna Woods and the obligations expressed herein, the parties agree as follows: A Compliance with Plans. Developer shall subdivide and configure the property pursuant to the Plan prepared by Passe Engineering, Inc, dated the 1st day of August 2006 and attached hereto as Exhibit A B. Utilities, Utilities shall be installed pursuant to the Utility Plan prepared by Passe Engineering, Inc. dated the 1st day of August 2006 and attached hereto as Exhibit B, 1. The Developer shall provide an As-Built Survey upon completion of the utilities. 2, The Developer shall not restrict the City's access to drainage and utility easement areas. The City shall not be responsible for the costs of replacing, removing or repairing any damage to any fences or structures in the drainage and utility easement area. 3. The extension of City utility services to platted lots shall be subject to review and approval by the City Engineer and all associated costs shall be the responsibility of the Developer. C. Gradinq and Erosion Control. Grading and erosion control shall be constructed and implemented in compliance with the Plan prepared by Passe Engineering, Inc. dated the 1st day of August, 2006 and attached hereto as Exhibit C. Erosion control measures shall be installed before any grading or construction begins and shall be maintained and remain in place until ground cover is re-established and construction is finished, Any changes to the Grading or Erosion Control Plan shall be subject to approval by the City Engineer. D. Landscapinq, 1. Landscaping improvements shall be installed pursuant to the Plan prepared by Passe Engineering dated the 5th day of January 2007 and attached hereto as Exhibit D. The Developer shall be responsible for insuring the viability of six (6) Colorado Spruce trees along the hillside for a period of two (2) years. Should any of the trees die during that time, the Developer shall replace the trees within thirty (30) days or at the beginning of the next growing season as determined by the City Forester. This condition shall remain in force for two (2) years after the final plat is filed with Ramsey County. 2. No additional trees shall be removed from the forty (40) foot setback area along Siems Court without prior approval from the City Planner and City Forester. If additional trees are removed from the forty (40) foot setback area through human-made forces, such trees shall be replaced by the Developer with trees that are 125 percent larger, as measured by caliper inches, than the trees that were removed. Removed trees shall be replaced within thirty 2 (30) days of removal or at the beginning of the next growing season as determined by the City Forester. The replacement of tree species, size and planting location shall be subject to approval by the City Planner and City Forester. This condition shall remain in force for two (2) years after the Final Plat is filed with Ramsey County. 3. No additional trees shall be removed from the forty (40) foot setback area along Siems Court without prior approval from the City Planner and City Forester. If any trees die or fall from natural forces within the forty (40) foot setback area, the number of trees lost, as measured by caliper inches, shall be replaced by the Developer within thirty (30) days or at the beginning of the next growing season as determined by the City Forester. The replacement of tree species, size and planting location shall be subject to approval by the City Planner and City Forester. This condition shall remain in force for two (2) years after the Final Plat is filed with Ramsey County, 4. The Developer may plant trees or other vegetation within the City's drainage and utility easements provided that Developer receives prior approval from the City Engineer and City Forester. 5, A temporary fence shall be placed between the construction area and the areas not approved for tree removal prior to any grading work on the property. The fence shall not be removed until all grading work is completed. The location of the fence and its removal shall be subject to approval by the City Engineer and City Planner. E, Desiqnated Lot Access. All lots shall use Lake Johanna Boulevard as the official access point to the lots, Developer shall provide access permits for Lots 2 and 3, Block 1, Lake Johanna Woods from Ramsey County prior to issuance of any building permits for such lots. F. Aqencv Permits, Applicant shall obtain all necessary permits, including the wetland fill permit from Rice Creek Watershed District and shall obtain other permits as necessary from Ramsey County, the State of Minnesota Department of Natural Resources and any other governing agencies where applicable prior to the issuance of any building permits. G. Park Dedication. Developer shall pay a Park Dedication Fee of $13,064.00 prior to the execution of the Final Plat by the City of Arden Hills or pursuant to a payment schedule reviewed and approved by the City Attorney. 3 H, Buildinq Pads. The Developer shall provide soil borings or other proof that residential dwellings can be constructed on Lots 2 and 3, Block 1, Lake Johanna Woods within the approved building pad areas prior to the execution of the Final Plat by the City of Arden Hills. I. Manholes. The Developer shall be responsible for raising the manholes to the final grading elevations prior to the issuance of building permits. J. Notice, Any notices required pursuant to this Agreement shall be deemed properly served if sent by certified mail - return receipt requested to the following: 1 . If to the City: City of Arden Hills Attn: City Administrator 1245 West Highway 96 Arden Hills, Minnesota 55112 2. If to Developer: Arlene P. Boutin 1600 Lake Johanna Boulevard Arden Hills, Minnesota 55112 K. Default. The occurrence of any of the following shall be considered an "event of default" in the terms and conditions contained in this Agreement: 1. Failure of the Developer to comply with any of the terms and conditions contained in this Agreement within thirty (30) days of receipt of notice from the City. 2, The failure of the Developer to comply with any applicable ordinance or statute with respect to the development of the Property within thirty (30) days of receipt of notice from the City. L. Remedies. Upon the occurrence of any event of default, the City, in addition to any other remedy which may be available to it, shall be permitted to do any of the following: 1. City may make advances or take other steps to cure the default, and, where necessary, enter the Developer's Property for that purpose, Developer shall pay all sums so advanced or expenses incurred by the City, upon demand, with interest from the dates of such advances or expenses at the rate of 10% per annum. No action taken by the City pursuant to this section shall be deemed to 4 relieve the Developer from curing any such default to the extent that it is not cured by the City or from any other default hereunder. The City shall not be obligated, by virtue of the existence or exercise of this right, to perform any such act or cure any such default. Developer shall save, indemnify, and hold harmless, including reasonable attorney fees, the City from any liability or other damages which may be incurred as a result of the exercise of the City's rights pursuant to this section. 2. Obtain an Order from a Court of competent jurisdiction requiring Developer to specifically perform its obligations pursuant to the terms and provisions of this Agreement. 3. Exercise any other remedies which may be available to it including an action for damages. 4. Withhold the issuance of any or all building permits and/or prohibit the occupancy of all building(s) for which permits have been issued. 5. In addition to the remedies and amounts payable as set forth herein, upon the occurrence of an event of default, Developer shall pay to the City all fees and expenses, including reasonable attorney, engineering and consulting fees, incurred by the City as a result of the event of default, whether or not a lawsuit or other action is formally taken. 5 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed as of the date and year first above written. Pursuant to Authorization of the City Council on the 1ih day of March, 2007. CITY OF ARDEN HILLS, a Minnesota statutory city By Stanley Harpstead Mayor DEVELOPER: Arlene P. Boutin 6 STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this _ day of ,2007, before me, a notary public within and for said county, personally appeared Stanley Harpstead,to me known to be respectively the Mayor of the City of Arden Hills, and he executed the foregoing instrument and acknowledged that he executed the same by authority of and on behalf of City of Arden Hills. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) On this _ day of ,2007, before me, a notary public within and for said county, personally appeared Arlene p, Boutin, the owner of the above described property. Notary Public THIS INSTRUMENT WAS DRAFTED BY: PETERSON, FRAM & BERGMAN, PA (JPF) 55 East Fifth St., #800 St. Paul, MN 55101 (651) 291-8955 F:\users\Janice\Jerry\Arden HilIs\Boutin Dav Agt.doc 7 March 12,2007, City Council Meeting Attachment 7D-4 Resolution 07-34 ~ ~HlLLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 07-34 RESOLUTION APPROVING THE FINAL PLAT OF LAKE JOHANNA WOODS WHEREAS: on August 14, 2006, Arlene Boutin, the property owner of 1600 Lake Johanna Blvd, submitted a completed preliminary plat application for review of a preliminary plat of LAKE JOHANNA WOODS which would re-plat one lot into three conforming lots. WHEREAS: on September 6, 2006, a public hearing was held by the Planning Commission reviewing the preliminary plat application by Arlene Boutin and at the conclusion of the public hearing the Planning Commission unanimously recommended approval subject to 17 conditions of approval. WHEREAS: on September 11, 2006, the City Council unanimously approved the preliminary plat of LAKE JOHANNA WOODS subject to the 17 recommended conditions of approval. WHEREAS: on December 8, 2006, Arlene Boutin submitted a final plat application for LAKE JOHANNA WOODS. The application was deemed complete on January 16,2007. WHEREAS: on February 7,2007, the Planning Commission reviewed the final plat application for LAKE JOHANNA WOODS and unanimously recommended approval subject to 12 conditions of approval. WHEREAS: on March 12,2007, the City Council received the recommendation from the Planning Commission and one additional condition of approval from Staff based on a finding that the final plat is in conformance with the conditions of the preliminary plat and the City's Subdivision Ordinance, NOW THEREFORE BE IT RESOLVED: That the Council of the City of Arden Hills approves the final plat of LAKE JOHANHNA WOODS subject to 13 conditions of approval and execution of a Development Agreement. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 12th DAY OF MARCH, 2007. Stanley Harpstead, Mayor ATTEST: Michelle A. Wolfe, City Administrator Attachment 7 D- 5 Report to the Planning Commission Available online at: httu:/ /www.cLarden-hills.mn.us March 12, 2007, City Council Meeting