PS11-01 �" `"" `�: " � Community Development Department
�� ` City of Fridley
6431 University Avenue NE
Fridley MN 55432
_ _� 763572.3592
Fax: 763.571,1287
.- ����-��J'�'��;'����'� www ci.fridLy.mn.us
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SUBDIVISION APPIICATION FOR;
Plat X Lot Split .___...........m��...
Property fnformation
Address� 100-110 Mississippi Place
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Anoka County Property Identification Number(PIN�): 15-30 24-42-4067 and 15 30-24-42-0068
Legal Description; Lots 2 and 3,Block 2,Johnson"s River Lane Addition
---- _.�___.._..� _ . .:____..._._.._..._..__.._._....w��...
Current Zoning: R3 Square footage of Parcel:, 15,574 SF"
"(Proposed Lot 1:5,246 SF; Proposed Lot 2:6,244 SF;East River Road dedication:4,084 SF)
Reason for Subdivision{one sentence summary,please attached full description)
To rearrange fot lines to correct encroachments and to have new separate parcels with zero lot lines.
..�. _ �.��.�............ ...........
Fee/Property Owner fnformation{as it appears on property title) ��
**Fee owner must slgn this form prlor to processing ��n k��a�71 e r�Ga � �N�: S`r��e�`'L'r�j `�e�'� �r
Name(please print):jBAC Home L�s Servicin�LP,do Carol StuIl�Assistant Vice President
_� . __.....__...�_. ...._
Mailing address: Bank ofAmerica e-Learas 2505 W. Chandl�r BIvd�Mail Sto�AZ-805 03-03 :
Chandler State. � Zip code; 65224
City: __ _ .. _...__ .
Daytime Phone: _��,U..�,�<�Y' Syo?'7 Fax Numu�r ___. ._, ...._.__
� Cell Phone: �� m E-maU address:_�i„^�?I�4f���..,,��k(�,,,L�..!��('t�c � Cd''►'�
Signature/Date: l.�v2�1�� y�L �., ��...._..�..... �._ �._.�--
Petitioner Information
, Company Name(piease print� _„�-���4u�st&Vennum PLLP
_..._..__.___ _.
Contact Person's Name (please print): ��mes R.Walston
�_ __. ..._._ �_ _. ... _� �_
Mailing address 42�0 IDS Center,80 S. 8th Street __
_... m.._.
_._.__._
�ity; wMinneapolis State; MN Zip code: _ 55402 �,_,
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Daytime Phone;,_612-371„-3244___.___ ,� __.....__ Fax Number: 612-3�1-�7 - ��,._—
Cell Phone: ---~- - - E- il address: iwalston lindQuist com _
Signature e; __�.,,w,e_,�., /0•/D' ��
__. _____,.,,.�..., _—.___�_W_... .... ..... � ,�,,_,_.�. �_.�..�nw_...��__ _.�___�_ ....�.�._._�. __..._�.
� FOR OFFICE USE ONI.Y �
'; Fees
� Plat; $1,500 for 20 Lots,$15,00 for each additional lot
Lot Split: 1,250 �}
Application Number; ,��,���D�_._�._ Recelpt#; ,./,S���e� Recelved By: _
Appiication Date:._..__....__—�-Q..-f�-��� _.__ _._._._.`_, _ _...�__. , __�—
15 Day Applicatlon Comp4ete Notificatlon Date:_ (Q_�—c�.
Scheduled Planning Commisslon Date: ,, ��:��,� _.
_. _._.�. ..�._...�..� _...
� Scheduled City Councll Date: �,,�'5�.�!_ _.__ _��.__._ --
� 60 Day Date: ��� �..�-� .. _ _..._
� 60 D�y Extension D te �,,,�..�.,,Q� __..._
� . � �
Qoc#3559748
517474.0042
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�title of minnesota
REAL PROPERTY REPORT
FOR THE EXCLUSIVE USE OF Stewart Title Guarant�Company
Customer File No.: STG c►aims 023-0146027-10 and 5023-0182693-11
StewaM File No.: 151433
The records in Anoka County,Minnesota,have been searched since October 1Q 1972 at 5:00 A.M..
Abstract Prupc�ly
LEUAL llESC121PT10N:
Lots 2 and 3,Block 2,Johnson's River Lane Addition,Anoka County,Minnesota.
PROPERTY AllDRESS: 100 and 110 Mississippi Place NE,Fridley,MN
A search of the real estate records in Anoka County,Minnesota,on the above described property discloses the
following:
G12ANTEE(S)ON LAST DEED OF RECORD:
BAC liome Loans Servicing L.P.
OPEN LIENS:
Notice of Pendency in the matter of condemnation of certain lands for highway purposes dated 10-6-
1972,filed 10-10-1972,as Document No.37700 L(shown for rel'erence)
Final Certificate in the matter of condemnation of certain lands for highway putposes dated 2-14-
1979,filed 4-23-1980,as Document No. 548023.
Quit Claim Deed dated 6-22-1987,filed 6-22-1987,as Document No.766303 between Dona Lou
Corcoran,single,grantor and William Corcoran,single.
Warranty Deed dated 12-12-2001,filed 3-13-2002,as Document No. 1656410,between William
Corcoran,single,grantor and Jvnes R.Chandonnet and Cathryn N1. Chandonnel,grantee
ll4oitguge in the original principal amount of$228,600.00,dated 12-12-2001,filed 3-13-2002,as
Document No. 16�6411,between J:�mes R.Chandonnet and Cathryn A4.Chandonnet,husband and wife,
morlgagor,aiid Great Noithern Moilgage Co�poralion,a Miruiesota coiporation,mortgagee.
Assiy,�vnent of Mortgage dated 12-12-2001,filed 8-26-2002,as Ducurnent No. 1704100,to
Barilcers fI'n�st Company,as trustee. Regarding document no. 1656411.
Warranty Deed dated 6-17-2002,filed 3-27-2003,as Document No. 1780512,between James R.
Chandonnet and Cathryn Chandonnet,husband and wife,grantor and Renown Construction,Inc.,a
Minnesota eorporation,grantee.
Quit Claim llae-d datad 3-26-2003,filed 3-27-2003,as llocument No. 1780513,b�twee��Renown
Construction,Inc.,a Minnesota corporation,grantor and Bruce Westman and Virginia Wastman,
grantee.
PaRy Wall Agreement dated 4-1-2003,filed 4-3-2003,as Document No. 1783469,between Bruce
Westman and Virginia Westman to public.
Notice of Pendency of Proceeding to Foreclose Mortgage dated 2-27-2U04,filed 3-3-2004,as
Document No. 1901737. regarding document no. 1656411.
Power of Attorney to Foreclose Mortgage recorded as document no. 1656411,by instrument dated
4-5-2004,filed 4-14-2004,as Document No. 1913315
Sherif�'s Certificate of Sale and Foreclosure Record dated 4-28-2004,filecl 4-28-2004,as Document
No. 1917097,to Deutsche f3ank Trust Company AmGricas,as Trustee.
'
../
___stewart r�� � �
�title of minnesota ��
Anoka County Sheriff's Certificate of Redemption dated 10-1-2004,filed 10-1-2004,as Document
No. 1961380 by James R.Chandonnet and Cathryn M.Chandonnet,husband and wife.
Mor[gage in the original principal amount of$244,000.00,dated 6-15-2005,filed 6-20-2005,as
Document No. 1976035.005,between Bruce G.Westman and Virginia Westman,husband and wife,
mottgagor,and"MERS"as nominee for Countrywide Bank,a Division of Treasury Bank,N.A.,a
national assoeiation,mortgagee.
Mortgage in the original principal amount of$244,000.00,dated 6-15-2005,filed 8-23-2005,as
Document No. 1977645.018,betwecn Bruce G.Westman and Virginia Westman,husband and wife,
mortgagor,and"MERS"as nominee for Countrytivide Bank,a Division of'I'reasury Bank,N.A.,a
national association,mortgagee. Note:this appears that it may be a duplicate recording of
1976035.005.
Assignment of Mortgage dated 9-23-2009,filed 9-25-2009,as Document No.2010406.020,to
BAC Home L,oans Servicing,L.P. regarding document no. 1976035.005.
Notice of Pendency of Proceeding&Power of Attorney to Foreclose Mortgage recorded as
document no. 1976035.005,by ii�strument dated 9-23-2009,filed 9-25-2009,as Document No.
2010406.021.
Sheriff's Certificate of Sale and Poreclosure Record dated 1-7-2010,filed 1-7-2010,as Document No.
2012466.007. regarding document no. 1976035.005.
Sherif�'s Cerliticate of Sale u�id l�orcclosure Record dated 4-29-2010,tiled 5-5-2010,as Dc�cument
No.2014909.028. regardittg docimient no. 1976035.005.
This Report specifically does not include information relation to:
a) Any interest recorded prior to the above date.
b) Rights or claims of parties in possession not shown by the public records.
c) Minerals and mineral rights.
d) Covenants,conditions,restrictions,easements and declarations.
e) L,evied ancUor pending special assessments.
� Rights of the public or any govemment entity to roads that may encumber the property.
TAXES:
Taxes for the year 2011 in the amount of$4,206.1 l. They are half paid. Base Tax amount$3,368.04.
PIN: 15-30-24-42-0067. Non-Homestead EMV:$207,000.00(Lot 2)
There are no delinquent taxes of record.
Taxes far the year 2011 in the amount of$4,521.81. They are half paid. Base Tax amount$3,368.04.
PIN: 15-30-24-42-0068. Non-Homestead EMV:$204,700.00(Lot 3)
There are no delinquent taxes of record.
A search of the records were performed against the following names,this search includes Federal Tax Liens,State
Tax Liens,Judgment Liens and open Bankiuptcy proceedings:
IVames Searched.
13ruce G,Westman
Virginia Westman
BAC Home Loans Servicing,L.P.
James R.Chandonnet and Cathryn M.Chandonnet
(Note: No search has been made against any other party,the initial of,or whose names are other than that stated or
spelled herein.)
Name Search ResWts:
Judgment against Bruce Westman,
Dated 5-5-2009.docketed 5-5-2009.Case No.02CV089897,in the amount of$116.584.27,in favor of
Contractors Capital Cory�oration.
� �� stewart ����j�
�title of minnesota
Jud�nent against Bruce Westman,
Dated 8-10-2009,docketed 8-24-2009,Case No.02CV075707,in the amount of$210,000.00,in favor
of New Market Bank.
.ludgcnent against Bruce G.Westman:md Virginia M.Westman,
Dated 5-1�-2009,doeketed 5-27-2009,Case No.02CV09972,in the amount of$167,611.95,in favor
of��illagc Rank.
Judgment against Bruee G.Westman,
Dated 6-12-2009,docketed 6-19-2009,Case No.02CV088565,in the amount of$209,717.55,in favor
of Village Bank.
Judgment against Bruce G.Westman,
Dated 6-27-2011,docketed 6-27-2011,Case No.02CV11890,in the amount of$13,222.81,in
favor of Commonwealth Land Title Insurance Company.
"1'HIS REYORT IS NOT TI1'LE INSUI2ANCE. This report only provides title infunnation contained in the above
stated records and does NOT reflect unindexed or misindexed matters or any unrecorded or off record matters that
may aFfect said land. This Company,in issuing this repori assumes no liability un account of any instrument or
proceeding in the chei�of title to the property which may contain defects that would render such instnunent or
proceedinys null and void or defective. All instruments in the chain of title to the properiy are assumed to be good
and valid. 'I'his report is not a commitmant to inswe or the exceptions which would appear in a title policy. The
Company's liability for this report is limited to the amount paid for this report and extends only to the party to which
il is issued. No other party may rely on this report. This report contains no express or implied opinion,warranty,
guarantee,insuranca or other similar assurances as to the status of title to thz]and.
Dated: 8/18/2011 at 7:00 A.M.
STEWART TITLE OF MINNES07'A,INC.
�,�,�--�
l�uthorizcd Signatiu��
Office Nwnber: (952)888-fi3S3
_
CfIYOF
FR[DLEY
FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE.N.E.FRIDLEY,MN 55432
(763)571-3450 • FAX(763)571-1287 • TTD/'TTY(763)572-3534
October 25, 2011
Lindquist &Vennum PLLP
Attn:James Walston
4200 IDS Center, 80 S 8th Street
Minneapolis MN 55402
Dear Mr. Walston:
Per Minnesota Statute 15.99, local government units are required to notify land use applicants within
15 working days if their land use applications are complete. We officially received your application for a
Preliminary Plat on October 14, 2011. This letter serves to inform you that your application is complete.
Your Preliminary Plat application hearing and discussion will take place at the City of Fridley Planning
Commission Meeting on November 16, 2011 at 7:00 P.M. in the City Council Chambers at 6431
University Avenue. The City of Fridley City Council is scheduled to review your Preliminary Plat on
December 5, 2011 at 7:30 P.M. Please plan to be in attendance at both of the above referenced
meetin�s.
If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-
3595.
Sin erely, r 1 �
i�
'{
Sta Stro b rg
Planner
cc: Bank of America
2505 W. Chandler Blvd., Mailstop AZ-805-03-03
Chandler AZ 85224
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N. E. on November 16, 2011, at 7 : 00 p.m. for the
purpose of :
Consideration of a Plat, PS #11-01, by Lindquist and Vennum PLLP,
for BAC Home Loan Servicing, LP, to reconfigure Lots 2 and 3 , Block
2, Johnson' s River Lane Addition, Anoka County, Minnesota, to
create Lots 1 and 2, Block 1, Sarah Addition, generally located at
100 and 110 Mississippi Place NE.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place . Any questions
related to this item may be referred to Stacy Stromberg, Planner,
at 763-572-3595 .
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500 no later than
November 9, 2011 . The TDD number is 763-572-3534 .
The proposed City Council meeting date for this item will be on
December 5, 2011. *This date is subject to change depending on the
outcome of the Planning Commission meeting. Please confirm City
Council date prior to attending the City Council meeting.
DAVID KONDRICK
CHAIR
PLANNING COMMISSION
Publish: November 3 , 2011
CITY OF FRIDLEY
PUBLIC HEARING NOTICE
BEFORE THE PLANNING COMMISSION
TO: All property owners/residents within 350 feet of property, generally
located at 100 and 110 Mississi i Place NE.
CASE NUMBER: Preliminary Plat, PS 11-01
APPLICANT: Lindquist and Vennum PLLP, for BAC Home Loan Servicing, LP
Petitioner or re resentative must attend the Plannin Commission meetin .
PURPOSE: To reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition,
Anoka County, Minnesota, to create Lots 1 and 2, Block 1, Sarah
Addition.
LOCAT/ON OF 100 and 110 Mississippi Place NE
PROPERTY AND
LEGAL Lot 2 ad 3, Block 2, Johnson's River Lane Addition, Anoka County,
DESCR/PTION: Minnesota.
DATE AND T/ME OF Planning Commission Meeting:
HEAR/NG: Wednesday, November 16, 2011, 7:00 p.m.
The Planning Commission Meetings are televised live the night
of the meetin on Channel 17.
PLACE OF HEARING: Fridley Municipal Center, City Council Chambers
6431 Universit Avenue N.E., Fridle , MN.
HOW TO 1. You may attend hearings and testify.
PARTICIPATE: 2. You may send a letter before the hearing to Julie Jones,
Planning Coordinator, at 6431 University Avenue N.E., Fridley,
MN 55432 or FAX at 763-571-1287.
SPEC/AL Hearing impaired persons planning to attend who need an
ACCOMODATIONS: Interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 763-572-3500
no later than November 9, 2011. The TDD# is 763-572-3534.
ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595.
*PROPOSED CITY The proposed City Council meeting Date for this item will be
COUNC/L MEET/NG Monday, December 5, 2011. *This date is subject to change
DATE: depending on the outcome of the Planning Commission
meeting. Please confirm City Council date prior to attending
Cit Council meetin .
Publish: November 3, 2011
�� c�rYOF Communit Develo ment De artment
FR/DLEY y p p
Public Hearing Notice
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SOURCES
Fridley Engineering N
Fridley GIS Plat Request, PS#11-01
Anoka County GIS Petitioner: Lindquist 8 Vennum PLLP W E
Address: 100-110 Mississippi Place
Map Date:October 31, 2011 S
MUVUNDAMINA MUSWAMBA SMUDER STEVEN S&JEANNE M BABEKUHL CHRISTOPHER
PO BOX 21184 6414 E RIVER RD 6437 E RIVER ROAD
COLUMBIA HEIGHTS,MN 55421-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432
JELAVAROV CHRIS P KHAN ASAD CROIX OIL COMPANY
6477 RIVERVIEW TERRACE 7217 KIMBERLY LN N P O BOX 15
FRIDLEY,MN 55432-0000 MAPLE GROVE,MN 55311 STILLWATER,MN 55082-0000
J PETERSON INC ANOKA COUNTY COMM ACTION PROG BHOLANAT SIBINI
6501 E RIVER RD 1201 89TH AVE NE 6491 RIVERVIEW TERRACE NE
FRIDLEY,MN 55432-0000 BLAINE,MN 55434-0000 FRIDLEY,MN 55432-0000
GLUHIC ENES CITY OF FRIDLEY ANOKA COUNTY HOUSING AND REDEVELOPME
10191 ABLE ST NE 6431 UNIV AVE NE 2100 3RD AVE
BLAINE,MN 55434-0000 FRIDLEY,MN 55432-0000 ANOKA,MN 55303-0000
HOFFMANN ERIN KIMBLER JOHN SMITH CRAIG
6434 ASHTON AVE NE 80 MISSISSIPPI WAY NE 15460 18TH AVE N UNIT 1404
FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 PLYMOUTH,MN 55447
MORKRID RICHARD J&K K FREYINGER KLAUS PALM ROSA C&PETERSON TRUSTEE
6461 RIVERVIEW TER NE 8100 12TH AVE S SUITE#200 6421 E RIVER RD
FRIDLEY,MN 55432-0000 BLOOMINGTON,MN 55425-0000 FRIDLEY,MN 55432-0000
CLEVE VAN LEIGH GEORGE BRIAN BAC HOME LOANS SERVICING LP
60 MISSISSIPPI WAY NE 6420 EAST RIVER RD 7105 CORPORATE DR,PTX-A-195
FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 PLANO,TX 75024-0000
THORNTON CAROL L OLSON DONNA SAFO LLC
6489 RIVERVIEW TER NE 140 64 1/2 WAY NE 6520 E RIVER RD NE
FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432-0000 FRIDLEY,MN 55432
GODFREY THOMAS G 8�CYNTHIA L MUVUNDAMINA MUSWAMBA FRIDLEY CITY OF
110 64 1/2 WAY NE 3650 2 1/2 ST NE 6431 UNIVERSITY AVE NE
FRIDLEY,MN 55432-0000 MPLS,MN 55418 FRIDLEY,MN 55432-0000
FREYINGER RIVERROAD PROPERTIES STIMMLER CYNTHIA MULLER GERALYN
6540 E RIVER RD NE 1087 240TH ST 6431 E RIVER RD
FRIDLEY,MN 55432-0000 DRESSER,WI 54009 FRIDLEY,MN 55432-0000
PITEZEL ELAINE M
6495 RIVERVIEW TER NE
FRIDLEY,MN 55432-0000
FEDERAL NATIONAL MORTGAGE ASSOCIATION
14221 DA�LAS PKWY
DALLAS,TX 75254
BRANDSOY DENA 8 CARROLL RYAN
120 64 1/2 WAY NE
FRIDLEY,MN 55432-0000
OCONNOR CHARLES
111 64 1/2 WAY NE
FRIDLEY,MN 55432-0000
I MATUSHAK BERNADINE M
141 64 1/2 WAY NE
FRIDLEY,MN 55432-0000
LUCKOW MARY E
161 64 1/2 WAY NE
FRIDLEY,MN 55432-0000
KEEHN ELDRED
121 64 1/2 WAY NE
FRfDLEY,MN 55432-0000
� �
COUNTY OF ANOKA -
Public Senrices Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304-4005
(763) 862-4200 FAX (763) 862-4201
�l"�IT �'"
^ ������;
May 15,2007
Stacy Stromberg
City of Fridley
6431 University Ave.NE
Fridley,MN 55432
RE: Sarah Addition— 100 & 110 Mississippi Place
Dear Stacy,
We have reviewed the Preliminary Plat for Sarah Addition located on the southwest quadrant of CSAH 1
(ERR)and Mississippi Place within the City of Fridley,and I offer the following comments:
No additional right of way is required at this time; in the future additional drainage, trail and/or utility
easement may be required.
Right of access along CSAH 1 shall be dedicated to Anoka County along the entire length of this parcel.
Please note no signs or plantings will be perrnitted within the county right of way. Care must be
exercised when locating signs/plantings/berms/etc. outside of the CSAH 1 right of way,so as not to create
any new sight obstructions.
Sincerely,
.�
/'`°l/ ��'�y��/
Randy Bettinger
Traffic Engineering Coordinator
Xc: CSAH 1/Plats/2007
Jane Rose,Traffic Engineering Manager
Mike Kelly, Chief Right of Way Agent
Larry Hoium, County Survey
Josie Scott,Traffic Engineering Technician
Terri Klein,Permit Technician
Affirmative Action/Equal Opportunity Employer
r �
Stromberg, Stacy
From: Jane Rose [Jane.Rose cLDco.anoka.mn.us]
Sent: Tuesday, November 08, 2011 11:19 AM
To: Stromberg, Stacy
Cc: Randy Bettinger
Subject: RE: Sarah Addition
Stacy
Our original comments from 5/15/2007 still stand. We have no new comments. Do you need a new letter, or will this
email suffice? Let me know.
Thanks
Jane
From: Stromberg, Stacy [mailto:Stromber S ci.fridle .mn.us]
Sent: Tuesday, November 08, 2011 9:35 AM
To: Jane Rose
Subject: RE: Sarah Addition
Could you get back to me by November 2gtn?
Stacy Strom6erg
Planner
City of Fridley
6431 University Avenue NE
Fridley,Minnesota 55432
strombergsC�ci.fridley.mn.us
Phone: 763.572.3595
Fax: 763.571.1287
www.ci.fridley.mn.us
From: Jane Rose [mailto:Jane.RoseC�co.anoka.mn.us]
Sent: Monday, November 07, 2011 1:44 PM
To: Stromberg, Stacy
Subject: RE: Sarah Addition
Hi Stacy
I received your email. We will take a look at it and see if we have any additional comments,or if our original comments
still stand.When do you need to hear back from me on this by?
Jane
_ _.._. _ _ __ _
From: Stromberg, Stacy [mailto:StrombergSCa�ci.fridley.mn.us]
Sent: Monday, November 07, 2011 1:38 PM
To: Jane Rose
Subject: Sarah Addition
Hi Jane,
It's my understanding that you guys have already reviewed this plat, but wanted to make sure you had a copy. Same
one we saw in �007.
1
fi t
Thanks,
Stacy Strom6erg
Planner
City of Fridley
6431 University Avenue NE
Fridley,Minnesota 55432
strombergsC�ci.fridlev.mn.us
Phone:763.572.3595
FaJc: 763.571.1287
www.ci.fridley.mn.us
Click here to report this email as spam.
NOTICE: Unless restricted by law, email correspondence to and from Anoka County government offices may
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NOTICE: Unless restricted by law, email correspondence to and from Anoka County government offices may
be public data subject to the Minnesota Data Practices Act and/or may be disclosed to third parties.
z
/
�er�oc�u�s-�
L I N U Q U i S T +v E N N U t�� Minneapolis•Derner
James R.Walston Lindquist&Vennum PLLP
(612)371-3244 4200 IDS Center
jwalston@lindquist.com 80 South Eighth Street
www.lindquist.com Minneapolis, MN 55402-2274
Phone:(612)371-3211
Fax: (612)371-3207
October 10, 2011
Ms. Stacy Stromberg, City Planner
City of Fridley
Community Development Department
6431 University Avenue NE
Fridley, MN 55432
Re: Plat Application for 100 Mississippi Place and 110 Mississippi Place
(Lots 2 and 3, Block 2, Johnson's River Lane Addition) to
Lot 1 and Lot 2, Block 1 Sarah Addition
Our File No. 517474.0042
Dear Ms. Strombe.rg:
Enclosed in connection with the proposed replat of Lot 2 and Lot 3, Block 2, Johnson's River
Lane Addition to Lot 1 and Lot 2, Block 1, Sarah Addition, please find the following:
l. Original Plat Application executed Carol Stull, Assistant Vice President of Bank of
America, N.A., successor by merger to BAC Home Loans Servicing LP, as owner and
further executed by the undersigned as Petitioner.
2. $1,500.00 check from Stewart Title Guaranty Company (Check No. 347531) for the plat
application fee.
3. Three (3) folded full size copies of the proposed preliminary Sarah Addition plat, along
with one (1) 11 x 17 to scale reduction and one (1) 8'% x 11 reduction.
4. Three (3) folded full size copies of the final plat of Sarah Addition, along with one (1) 11
x 17 to scale reduction and one (1) 8 '/z x 11 reduction.
5. Stewart Title of Minnesota Real Property Report for the subject property.
Email/PDF of the preliminary plat and final plat will be sent to you.
Please acknowledge receipt of the foregoing at your earliest convenience, along with the
proposed hearing date(s) for the plat application.
�� I will stand by to respond to any questions or concerns you have with respect to this application.
DOCS-#3565669-v 1
I
Ms. Stacy Stromberg
� October 10, 2011
Page 2
Please note that Jason E. Rud (E. G. Rud & Sons, Inc.) will present the proposed plat to the
Anoka County Surveyor for review.
Thank you for your attention to this matter. I look forward to working with you.
Very truly yours,
LINDQUIST&V M PLLP
ames R. Walston
JRW/rlt
Enclosures
cc: Carol 1, Bank of America, N.A. (via email)
e Hanson, Bank of America, N.A. (via email)
Jason E. Rud, E.G. Rud & Sons, Inc. (via email)
DOCS-#3565669-v1
LIN�QIJIST
L i N D Q U t S T +V E N N U tv1 Minneapolis•Denver
James R.Walston Lindquist&Vennum PLLP
(612)371-3244 4200 IDS Center
jwalston@lindquist.com 80 South Eighth Street
www.lindquist.com Minneapolis, MN 55402
Phone: (612)371-3211
Fax: (612)371-3207
December 12, 2011
Ms. Stacy Stromberg
Planner
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
Re: Sarah Addition Plat Matters
Our File No. 517474.0042
Dear Ms. Stromberg:
Enclosed please find Stewart Title Check No. 352499 in the amount of$3,000.00 for the park
dedication fees in connection with the above-referenced matter. .- �;'��;�j/� �'�;� ���,�u�� ��G '✓��w���'�
f' �
Also enclosed is a copy of the Declaration of Party Wall and Exteriar Maintenance and � ,�
Landscape Covenants which will be recorded along with the Sarah Addition Plat. � n�,�,) �
�C��
Very truly yours, � G�
+�- D
LI�ST�L PLLP � yl �
� ��
� James R. alston `
JRW/rlt
Enclosures: Stewart Title Check No. 352499 $3,000.00
Declaration
cc via email: James Lockhart
Carol Stull
DOCS-#3601417-v 1
DECLARATION OF PARTY WALL
AND EXTERIOR MAINTENANCE AND LANDSCAPE COVENANTS
FOR
LOT 1 AND LOT 2 BLOCK 1 SARAH ADDITION
ANOKA COUNTY, MINNESOTA
THIS DECLARATION OF PARTY WALL AND EXTERIOR MAINTENANCE AND
LANDSCAPE COVENANTS ("Declaration") is made as of the 6th day of December, 2011
("Effective Date"), by Bank of America, National Association, a national banking association
("Declarant").
WITNESSETH:
WHEREAS, Declarant is successor by way of inerger with BAC Home Loans Servicing,
LP, a nationat banking association. Declarant is the owner of Lot 1 and Lot 2, Block 1 Sarah
Addition, Anoka County, Minnesota (each a "Lot" and collectively the "Lots").
WHEREAS, the residential dwellings located on each Lot share a common wall.
WHEREAS, Declarant may sell one Lot or both Lots to third parties and therefore
desires to impose certain covenants and restrictions against the Lots for enforcement ef ti�e
maintenance af the common wall in the event the Lots are owned by different parties.
NOW, THEREFORE, Declarant hereby declares that the Lots, a��� the residenrial
dwellings located thereon shall be subject to and held, sold, conveyed, I�ased, encumbered,
used, occupied and improved subject to the following:
1. Provisions.
1.1. "Farty Wall" shall mean and refer to the common wall between the
resi�ential dwellings located an Lot 1 and Lot 2.
DOCS-#3591469-v1
�
1.2. The cost of maintaining the Party Wall shall be borne equally by the
owner of Lot 1 and the owner of Lot 2.
1.3. In the event of damage or destruction to the Party Wall or the foundation
for the Party Wall ("Common Structure") the cost of repair or rebuilding shail be borne equally
by the owner of Lot 1 and the owner of Lot 2. Each owner shall have the right to the use of the
Common Structure so repaired or rebuilt as is otherwise granted in this Agreement. If either
owner's or such owner's tenants or occupants intentional acts or negligence shall cause
damage to or destruction of the Common Structure, such negligent party shall bear the entire
cost of repair or reconstruction. If either party shall neglect or refuse to pay the share of cost, or
all of the costs in case of negligence, the other party may have such Common Structure
repaired or restored and shall be entitled to have a mechanic's lien on the lot and improvements
of the party so failing to pay, for the amount of such defaulting party's share of the repair or
replacement costs together with interest at the maximum rate allowable. The party having the
Common Structure repaired shall, in addition to the mechanic's lien, be entitled to recover
attorney's fees and shall be entitled to all other remedies provided herein or by law. The
mechanic's lien granted herein is effective only if recorded in the office of the County Recorder
of Anoka County, Minnesota.
1.4. Neither owner shall increase the burden of a Common Structure, nor alter
or change a Common Structure in any manner, non-structural interior decoration excepted, and
such Common Structures shall remain in the same location as when originally erected. Each
adjoining owner to the Common Structure shall have a perpetual easement in that part of the
premises of the other on which the Common Structure is located, for the purpose to maintain
the Common Structure and any other additional area necessary to repair, replace, and maintain
the Common Structure.
1.5. Each owner shall have and is hereby granted an irrevocable, non-
exclusive license to enter upon the other owner's Parcel as may be reasonably necessary to
effectuate any repair, rebuilding, or restoration of the Party Wall or other Common Structure.
Each owner shall permit the other owner's contractors, licensees, agents and employees to
enter upon their Parcel for such purposes. However, notwithstanding anything contained herein
to the contrary, neither owner, nor their contractors, licensees, agents or employees, shall have
the right to enter the interior of the other party's Parcel except at the mutual convenience of both
parties, in their reasonable discretion. Each owner ("Indemnifying Party") shall and hereby
agree to indemnify, defend and hold harmless the other party ("Indemnified Party") for any loss,
cost, damage, liability or expense (including, without �i�mitation, reasonable attorneys' fees and
costs) incurred or suffered by the Indemnified Party as a result of, or arising out of, the
Indemnifying Party's or its contractors', licensees', agents' or employees' entry upon the
Indemnified Party's Lot pursuant to this Section 1.5.
1.6. Each owner shall, at all times, at their own expense, maintain insurance
as may be available on customarily reasonable terms, covering both liability for bodily injury and
property damage and casualty insurance, covering damage or destruction to their dwelling,
including all usual and customary covered perils, in the full replacement value. Such casualty
insurance shall cover, without limitation, that portion of the Party Wall or other Common
Structures located on the insured party's Lot. In the event of any casualty that damages or
destroys the Party Wall, the provisions of this Section 1 shall apply to the repair and restoration
thereof, whether or not the proceeds of any casualty insurance maintained by an owner are
available or sufficient to fully repair or restore the Party Wall.
2
DOCS-#3591469-v1
2. Exterior Maintenance. The roof and siding shail for each residential dwelling
shall at all times, be of the same product and shall be of the same quality and color. The owners
of the Lots shall share the costs of repair and replacement of the roof and siding on an equal
basis, and shall use best efforts to assure that the roof and siding are properly maintained.
3. Landscape. The landscaping on the Lots shall be properly maintained by each
owner and shall, at all times, be complementary in style and quantity. Each Lot owner shall
maintain at their own cost and expense, the landscaping on the respective Lots.
4. Driveway. The driveways serving each residential dwelling shall, at all times, be
of the same material. The owners of the Lots shall share the cost of repair and replacement of
the driveways on an equal basis.
5. Covenants Run With the Land. These covenants set forth in this Declaration
are to run with the land and shall be binding on all parties and all persons claiming under them.
6. Enforcement. Enforcement of this Declaration shall be by proceeding at law or
in equity against any person or persons violating or attempting to violate the same seeking
either to restrain violation or to recover damages or both. In the event it shall be necessary for
any owner to place this Declaration in the hands of an attorney for the enforcement of any of
such owner's rights hereunder or for the recovery of any monies due to such owner hereunder,
and if it is necessary to bring suit for the enforcement of such rights or such recovery, the
prevailing party in such suit shall recover from the losing party all costs of court and reasonable
attorney's fees, as determined by the court, in addition to any other relief or recovery awarded
by the court.
7. Severability. Invalidation of any one of these covenants by judgment or court
order shall in no wise effect any of the other provisions which remain in full force and effect.
Executed as of the day and year above written.
BANK OF AMERICA, NATIONAL
ASSOCIATION, a national banking association
� '
By:_���r � � 'f �
Print Name: Carol Stull
Its: Assistant Vice President
3
DOCS-#3591469-v1
r`, '
STATE OF Arizona)
) ss.
County of Maricopa)
On this 6th, day of December, in the year 2011 before me, a Notary Public in and for the
State of Arizona personaily appeared Carol Stull, known or identified to me to be an Assistant
Vice President of Bank of America, National Association, a national banking association who
subscribed said name to the foregoing instrument, and acknowledged to me that he executed the
same in said company name.
IN WITNESS WHEREOF, I have hereunto set my and and affixed my official seal the day
and year first above written.
--'�--,
—�..��
` /
'Pla#'ary Public ./ �
My commission expires: � �` �
DRAFTED BY: x < ..�:_ _ .,.�..�,..;:��;,..,�.,.�
? �� F�' F'.A.Fi�RKASH
Lindquist &Vennum PLLP d 9Votary PubNa-,4rizona
80 South Eighth Street, Suite 420 '� ���rf����
Minneapolis, MN 55402 • • niovem�2a,�ana
612-371-3211
(File No. 517474.0042)
4
DOCS-#3591469-v1
Anoka County Surveyors Office, 2100 3rd Avenue, Anoka MN 55303, (763) 323-5510 '
CHECK LIST FOR PLAT �
�>O�.C'C_�` S i-<d C� i��o n
Name of plat
DATE /Q -1�-�1
N ❑ S C� 1/2 OF SECTION�_,T �v� ,R� CHECKED BY /�f,C�j�
POLITICAL SUBD. F�'i�C�v
LEGEND:
✓ ITEM CORRECT CONTACT ��Q,� ��, .e.,�-
X ITEM INCORRECT
— ITEM NOT CHECKED E-MAIL �p�y�,,� (J �,��� , coM
_
SURVEY COMPANY � C� ��� PHONE oSl- �� (- Sa00
1 Closure °
2 �/ An les and/or Bearin s
3 Curve data
4 Bounda dimensions
5 Overali and/or Block dimensions
6 Lot dimensions
7 Monuments-found, set
8 Easement dimensions and ties to lot lines
9 Lot and Block numbers, Exceptions, Outlots, Parks
10 Street names State, Coun , Local )
11 Hi hwa ali nment State, Coun
12 Street Widths
13 Proper Text size and Line pes
14 Ad'acent and underl in areas ( Platted onl )
15 om are with section resurve
16 Ties to subdivision lines and corners
17 Desi nation of outside boundaries ( notes)
18 Title same as dedication and check for duplication
19 edication -Streets, Avenues, Lanes, Parks, Access, Easements, etc.
20 escri tion -com are with plat and record
21. Scale, North arrow, Basis for bearin s
22 Compare with Half Section map
23 Wetlands, Water elevations, Benchmarks
24 -- Surve line
25 iscellaneous
26 Checked for etter from Coun and/or State Yes Not Applicable ❑
27 Abstract Torrens ❑
28 Spell Checked Plat usin AutoCAD
No. Remarks on items to be corrected
Correcte copy to be submitted ❑ � �'� �'�.� `�
PLAT CEPTABL WHEN ABOl�E ITEMS HAVE BEEN CORRECTED ����� `� ��`� �
�
� �
—�n�ca County Survey r � i
� _
. CIN UF F�fJLEY
EN�ir���.��r�G
,
� LINDQUIST
L I N D Q U I S T +V E N N U M Minneapolis•Denver
James R.Walston Lindquist&Vennum PLLP
(612)371-3244 4200 IDS Center
jwalston@lindquist.com 80 South Eighth Street
www.lindquist.com Minneapolis, MN 55402-2274
Phone: (612)371-3211
Fax: (612)371-3207
October 24, 2011
Ms. Stacy Stromberg, City Planner
City of Fridley
Community Development Department
6431 University Avenue NE
Fridley, MN 55432
Re: Plat Application for 100 Mississippi Place and 110 Mississippi Place
(Lots 2 and 3, Block 2, Johnson's River Lane Addition)
to Lot 1 and Lot 2, Block 1 SARAH Addition
Our File No. 517474.0042
Dear Ms. Stromberg:
This letter is intended to confirm our telephone conversation this morning regarding the above
referenced matter.
Please be advised that the our surveyor, Jason Rud, has heard from the Anoka County Surveyor
regarding the proposed name of the plat. The County Surveyor does not want an apostrophe in
the .r.ame ��f the plat. As ��.��h any referen�e to the�rop��e� nam� "SA,RAH'� 4,JD�TTON"
should be disregarded.
Accordingly, the proposed plat application should proceed as "SARAH ADDITION".
Please confirm the anticipated December 5, 2011 hearing on the matter when you have the
chance.
DOCS-#3573253-v1
♦
� Mr. Stacy Stromberg
October 24, 2011
Page 2
Thank you for your attention to this matter.
Very truly yours,
,,� UI LLP
James . Walston
JRW/rlt
cc: arol Stull, Bank of America, N.A. (via email)
Julie Hanson, Bank of America, N.A. (via email)
Jason Rud, E.G. Rud & Sons, Inc. (via email)
DOCS-#3573253-v 1
City of Fridley Land Use Application
PS#11-01 November 16, 2011
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: SUMMARY OF REQUEST
Lindquist &Vennum PLLP The petitioner, Mr. Walston on behalf of Lindquist
lames Walston and Vennum PLLP, is seeking a replat to reconfigure
4200 IDS Center, 80 S 8th Street Lots 2 and 3, Block 2 of Johnson's River Lane
Minneapolis MN 55402 Addition to create Lots 1 and 2, Block 1, Sarah
Requested Action: Addition.
Plat This process was originally started in 2007;
Purpose: however, the final plat was never filed. Since then
To reconfigure lot lines the property has gone through foreclosure and is
Existing Zoning: now before the City again to reconfigure the lot
R-3 Multi-Family lines.
Location: SUMMARY OF ANALYSIS
100-110 Mississippi Place City Staff recommends approval of this plat request.
• The proposed change provides additional
Size: homeownership opportunities.
Total area: 5,574 sq. ft. .36 acre
Existing Land Use: CITY COUNCIL ACTION/60 DAY DATE
Twin home City Council—December 5, 2011
60 Day Date—December 12, 2011
Surrounding Land Use & Zoning:
N: Vacant lot& R-1 ;r��.,�;�;
E: East River Rd & ROW ��e �� �
S: Single family home & R-1 � ���};� "i' ���'� '��'�� ��'. • � `'� `� �
a , �,
W: Apt. Bldg& R-3 � �� �� �`� ��
Comprehensive Plan Conformance: � �� � �,�,;, ; �
Consistent with Plan. � '� ������� � � ��
+ � `
Zoning Ordinance Conformance: � _ , , . 5
Each lot will meet or exceed the City's R-3 � � ����'� ���� � �� ��� �
zoning requirements. "�
a.': `
Zoning History:
1961 - Lot is platted.
2002—Duplex constructed. �" ����.;��,���7 �
2003—2 decks constructed. � �x �` � .,..�:
2007—Preliminary Plat approved to Existing Property
reconfigure lot lines; final plat never filed. Staff Report Prepared by: Stacy Stromberg
Legal Description of Property:
Lots 2 and 3, Block 2,Johnson's River Lane
Addition
Public Utilities:
Property is connected.
Transportation:
Mississippi Place provides access to the
property.
Physical Characteristics:
Flat lot with mature trees around the
border of the property.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5 2011 I�
G7YOF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed,
religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to
public assistance. Upon request, accommodation will be provided to allow individuals with disabilities
to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who
need an interpreter or other persons with disabilities who require auxiliary aids should contact
Roberta Collins at 572-3500. (TTD/572-3534)
PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
APPROVAL OF PROPOSED CONSENT AGENDA:
5. Motion to Authorize Preparation and Distribution of
APPROVAL OF MINUTES: Request for Proposals for Comprehensive
Municipal Recycling Services ...... 21 -22
City Council Meeting of November 7, 2011
6. Motion to Schedule a Public Hearing for January 23,
City Council Meeting of November 14, 2011 2012, on a Proposed Ordinance Amending
Section 2.06 of the Fridley Charter Pertaining
/� to Vacancies in the Council ......... 23-28
�� .
OLD BUSINESS: p,
� 2v 7. Claims (153093- 153272) ......... 29 -44
1. con Reading of an mg
Chapter the Fridl i y Code
Pertainin to Tr ' -2 8. Licenses ............................ 45-50
G�r �� ,,� ���`� �,� �"
, 9. Estimates ............................ 51
NEW BUSINESS:
2. Receive the Minutes from the Plannin Commission ADOPTION OF AGENDA:
--�----_
Meeting of Nove er 16�fJ1fi—�... 3-.1q�_
/� � 1/
��J �� ✓ � / OPEN FORUM.VISITORS: Consideration of items not
� ( on Agenda- 15 minutes.
3. Special Use -
by SignArt Co., Inc., to Allow the Installation
of an Electronic Changeable Message Sign 2012 BUDGET AND PROPERTY TAX PUBLIC MEETING:
on the Existing Free-Standing Sign at the
Freedom Se ' e Sta ' e�a#J� ated 10. Presentation of the 2012 City of Fridley
at 760 sity Avenu�(Vllard 3) 11 Budget.
.�-t-t� .- n,a j �-. �
4. solutio Ap oving a One-Year Extension SINESS:
o Spec� I Use rmit, SP 10- , for the
Col ia Arena Pr , Owned illi 11. t Request, PS#11-01, by Lindquist&
Fogerty, Located at versity7�v�T N.E.; enn PLLP, for BAC e L
Servici to Reco � e Lots
and Z��� � at 10 and 1 � issi pi Pla N.E.
(W d 3 .............. ...... . . ..... 52 - .
� ' � o`,,�C`�l�.
e o u ion Approving a One-Year Extension on � �-'Ci-� �
Variance, #10-08, fo the Columbia Arena
Property Own by Wilf m ogerty, Loc e . Informal Status Report ................ 0
7011 U iversity�,be� N.E. :
(Ward'1) ............................ 17-20
/�i� r � ' ADJOURN.
� J �� ` I d��l✓
@n �� /� -
PS #11-01
RE UEST
The petitioner,James Walston, on behaif of Lindquist &Vennum PLLP, who is representing the property
owner, Bank of America, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure
Lots 2 and 3, Block 2,Johnson's River Lane Addition,to create Lots 1 and 2, Block 1, Sarah Addition.
Essentially, this replat will change the property line from going west and east on these two parcels to
north and south.
In 2007, the previous property owner, Bruce Westman, went though this preliminary plat process;
however, the final plat was never filed. The property has since gone through foreclosure and the new
owner, Bank of America, would like to proceed to the getting the lot line changed through the platting
process.
�,''''� �I
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1�
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' 110 ��
6
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Subject Properties are highlighted in a Circle—existing lot line goes west and east on the 2 parcels,
replat will change the property line to north and south
ANALYSIS
The subject properties are zoned R-3, Multi-Family. Prior to these properties being developed in 2002,
the two parcels were part of the R-1, Single Family property to the south (111 64%z Way). They were
always three separate parcels; however, they were encompassed with one single family home and rear
yard. In 2002, the property owner of 111 64 %z Way, decided to sell 100-110 Mississippi Place. As a
result, the twin home was constructed on the property, which faces and receives access off of
Mississippi Place. At that time, the property owner was told to combine Lots 2 (100 Mississippi Place)
and 3 (110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a
west and east property line, to create 1 lot. Apparently,that lot combination was never filed therefore;
the petitioner is seeking the current replat request,to separate the lots with a north/south property
line, which will then allow the property owner to sell the twin home units individually.
The petitioner is not proposing to change the current R-3, Multi-Family zoning. The R-3 section of City
code states that "Lot requirements of this Section are for three (3) or more dwelling units.Two-family
dwellings in this district shall be subject to the R-2 District regulations." Since this lot consists of a two-
family building,the R-2 regulations apply. � -. � �, � ,
�� , ,. - � �;�` �
� °a� � 3
.� � p c x w o `..
Fridley City code requires that lots in the R-2 s��° �� �� ��� �'��` `��� � ����� �� �� -
a x p
. y f , J � . .,�
district be a minimum of 75' in width with a '� � � � � ; ,W�«s«�����r�E �
� * m�
., �� . �,�v. ,�,�� � i r ,J ,�' m i' :
minimum total lot area of 10,000 square feet. The ��, � �` �_ �r.�� �:���� � w��
proposed Lots#1 and #2 will be 94.54 ft. in width �„ , � "' � ��;d,� ��m�$� ��
and 15,574 square feet in size after the replat. The � �� �� � �; � �'� �� ���'�
.
minimum lot area requirement of 10,000 square � �����'a �� ��,, ��� �
feet for a two-family dwelling unit has been met � '"�'����� �� � �� � ��"
�,��� �� a��
w; � �o M�'� �x �
on the proposed plat. °`"� , �
�
� � �� � �� � ��as
'� '� �� �„ "`�" ;� �� �`� �'��, � �
� iro � �
The existing twin home meets all setback and lot �+M� �"; . ��� �� ��" � ����� �"�, ; � �'�
coverage requirements. However, the fence along � �, � ,��,r ��,� '�""-�, , � � � ��� .�
the western and eastern property line is ;�'� "�'�° s;� � � "�1��+ ����� ���
nonconforming as it is over the required 4 feet ti���-''"�"'�, .� � �� � = ' �� � _
�
requirement in the front yard. Staff will stipulate ���� � �� �, �����, � ���� Yr� � � ��
that the fence be reduced to 4 feet in the front ��"� `� ` ' �� ��t� m,� �.
��a; '�, , ,.�� ��
yard within 6 months of final plat approvaL �`�� ���' ��� '�� �, � ���� ""��a ` ��
�� � �
� ��� ����Y �z�
City staff heard from two neighboring properties �' �'� ��� ,;��';°` ° " � `�� � �,.-� ���t, ,���
owners, who were interested in what this replat ` ��n�� ` x'�a � . ,� � �x�� si _�
t � , - "'i'�
�� ���. �. N� �m�.��.b. _: �� �� A
entailed. Once further described to them, neither ���. � � .� � F � o .
. A
�� � �s� . , �����a � � „�,��. . -,
of them had any problems with the request.
Staff Recommendation
City Staff recommends approva/of this p/at request, with stipulations.
• Does provide additional homeownership opportunities.
Stipulations
City Staff recommend that if the plat is approved, the following stipulations be attached.
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west
and east sides of the property within 6 months of fina/plat approval.
2. The line separating the two lots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated fo Anoka
County a/ong the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property, at
Anoka County. Covenants shall define future maintain expectations between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
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�
Preliminary Plat of �
VICIHITY MAP
SARAN AD D ITI O N P�°����-���°-���
,y ,
�for� LINDQUIST AND VENNUM � �$'
4200 IDS CENTER PROPERTY OWHER F
80 SOUTH STH STREET '�
Bank of America Home Loans Servicing L.P.
MINNEAPOLIS, MN 55402 � ��-_r �����^z�t
,���v�Y�
$t PtE �
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PROPERTY DESCRIPTION �� �
Lots 2 and 3, Block 2, JOHNSON'S RIVER LANE ADDIl10N, Anoka County,
� ���4,,:v�a���
Minnesota. Subject to East River Road, easements, and restrictions of record. �.`,�ry.�� �
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HOTES LEGEND
- Field survey was completed by E.G. Rud and Sons, Inc. on 11/7/02.
- Bearings shown are on an asaumed datum. O DENOTES SET IRON MONUMENT LABELED RLS 41578
• DENOIES FOUND 1/2" IRON PIPE MONUMENT
- Curb shots are taken at the top and back of curb.
—,—x— DENOTES EXISTING FENCE
I - Vertical datum is assumed.
# DENOTES EXISTING LIGHT POLE
- Site address: 100 ond 111 Mississippi Place NE z aszae DENOTES EXISTING SPOT ELEVATION
� DENOTES EXISTING JUDICIAL LANDMARK
DEVELOPMENTDATA� � DENOTES EXISTING ASH TREE AND CALIPER
TOTAL NUMBER OF ASH TREES IS 40
- This property is currentty zoned R-2 (Two Family Dwelling District) according to the
City of Fridley Zoning map doted September 16, 2010.
- R-2 District Requirements:
Minimum lot area - 10,000 sq. ft. for 2 family dwelling
Minimum lot width - Not less that 75 feet at front setback.
lot coverage - not more that 30� of the lot shall be covered by that main building
and all accessory buildings
Building setback requirements:
Front = 35 feet
Side = 10 feet
Side (street) = 17.5 feet
Rear = Not less that 25�of lot depth (minimum 25 feet, mazimum 40 feet
- Existing parcel area = 15,574 sq. ft.
- Proposed Lot t, Block 7 = 5246 sq. ft.
- Proposed Lot 2, Bblock 1 = 6244 sq. ft.
- Proposed parcei to be dedicated as East River Road = 4084 gq. ft. NORTH
GRAPHIC SCALE
zo io zo a ea
1 hereby certify thot this survey, plan
or report was prepared by me or under
my direct supervision ond that 1 am ( IN FEEC)
o duly Registered Land Surveyor under t ;ncn= zo et.
the laws of the Stote of Minnesofa.
ORANN BY.•BAB ✓�NO: 11416PP OA7E:9/27/11
�� Professional Land Surveyors /27/" C'ECKBY: ,�R SCANNEO❑
Ja E. d
6776 Lake Drive NE Suite 110 Date: 9 License No. 41578 2
www.eyrud.com r '�
Lino Lakes, MN 55014 N0. DATE UESCRIPTIqJ BY
Tel.(651)361-8200 Fax(651)361-8701
S:�xud�CAD\l lproj\11416�11416-PREPLAT.dwg,9/28/20ll 1:41:59 PM
Planning Commission Meeting
November 16, 2011
Page 3
Mr. Woodard replied, for example, he has seen anywhere for 8 seconds up to h rs. They can live with
45 seconds.
Commission Dunham asked what does he see normally?
Mr. Woodard replied, 8 seconds is preriy common. In Wisconsin an Minnesota state regulates it at 2
seconds. In congested areas if they want to slow that down is reasona e.
Commissioner Sielaff asked is the part below where the gas pri es are shown is where the sign would
change most frequently?
Mr.Woodard replied, correct.
Chairperson Kondrick asked Mr. Woodard when do the expect to begin construction of the sign?
Mr.Woodard replied, as soon as the sign permit is is ed.
MOTION by Commissioner Velin to close the pu �c hearing. Seconded by Commissioner Solberg.
UPON A VOICE VOTE, ALL VOTING A , CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY A D THE PUBLIC HEARING WAS CLOSED AT 7:12
P.M.
Chairperson Kondrick stated he has no roblem with this.
Commissioner Oquist stated they ha e approved these before and most of the gas stations are changing
over to L.E.D. and they look better.
MOTION by Commissioner Oq �st to approve Special Use Permit, SP#11-03, by SignArt Co. Inc., to
allow the installation of an e ctronic changeable message sign on the existing free-standing sign,
generally located at 7600 Univ rsity Avenue with the following stipulations:
1. The petition shall obtain sign permit and current sign erector license prior to installing
any signag on site.
2. Message n L.E.D. sign shall not change more often than authorized under Section
214.07 the Fridley City Code.
3. Messa e on L.E.D. sign shall never flash or have motion that may distract vehicular
traffi in the area.
Seconded by Com issioner Dunham.
UPON A VOIC VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CA ED UNANIMOUSLY.
2. PUBLIC HEARING
Consideration of Plat, PS #11-01, by Lindquist and Vennum PLLP, for BAC Home Loan
Servicing, LP, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anoka
3
Planning Commission Meeting
November 16, 2011
Page 4
County, Minnesota,to create Lots 1 and 2, Block 1, Sarah Addition,generally located at 100
and 110 Mississippi Place NE.
MOTION by Commissioner Solberg to open the public hearing. Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS OPENED AT 7:13
P.M.
Ms. Stromberg stated the petitioner, James Walston, on behalf of Lindquist & Vennum PLLP, who is
representing the property owner, Bank of America, is seeking to replat the properties at 100-110
Mississippi Place to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, to create Lots 1
and 2, Block l, Sarah Addition. Essentially, this replat wil] change the property line from going west and
east on these two parcels to north and south.
Ms. Stromberg stated in 2007, the previous property owner, Bruce Westman, went though this
preliminary plat process; however, the final plat was never filed. The property has since gone through
foreclosure and the new owner, Bank of America, would like to proceed with getting the lot line changed
through the platting process.
Ms. Stromberg stated the subject properties are zoned R-3, Multi-Family. Prior to these properties being
developed in 2002, the two parcels were part of the R-1, Single Family property to the south (111 64 '/z
Way). They were always three separate parcels; however, they were encompassed with one single-family
home and rear yard.
Ms. Stromberg stated in 2002 the properiy owner of 1] 1 64 Y� Way, decided to sell 100-110 Mississippi
Place. As a result, the twin home was constructed on the property, which faces and receives access off of
Mississippi Place. At that time the property owner was told to combine Lots 2 (100 Mississippi Place)
and 3 (110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a
west and east property line,to create 1 lot. Apparently that lot combination was never filed; therefore,the
petitioner is seeking the current replat request, to separate the lots with a north/south property line, which
will then allow the property owner to sell the twin home units individually.
Ms. Stromberg stated the petitioner is not proposing to change the current R-3, Multi-Family zoning.
The R-3 section of City code states that "Lot requirements of this Section are for three (3) or more
dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations."
Since this lot consists of a two-family building, the R-2 regulations apply.
Ms. Stromberg stated Fridley City code requires that lots in the R-2 district be a minimum of 75 feet in
width with a minimum total lot area of ]0,000 square feet. The proposed Lots #l and #2 will be 94.54
feet in width and 15,574 square feet in size after the replat. The minimum lot area requirement of 10,000
square feet for a two-family dwelling unit has been met on the proposed plat.
Ms. Stromberg stated the existing twin home meets all setback and lot coverage requirements. However,
the fence along the western and eastern property line is nonconforming as it is over the required 4 feet
requirement in the front yard. Staff will stipulate that the fence be reduced to 4 feet in the front yard
within 6 months of final plat approval.
4
Planning Commission Meeting
� November 16, 2011
Page 5
Ms. Stromberg stated City staff heard from two neighboring properties owners who were interested in
what this replat entailed. Once further described to them, neither of them had any problems with the
request.
Ms. Stromberg stated City staff recommends approval of this plat request, with stipulations as it does
provide additional homeownership opportunities.
Ms. Stromberg stated City Staff recommends that if the plat is approved, the following stipulations be
attached.
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the
west and east sides of the property within 6 months of final plat approval.
2. The line separating the two lots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated to
Anoka County along the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property,
at Anoka County, subject to City approval. Covenants shall define future maintenance
expectations between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
Ms. Stromberg stated those were the same stipulations that were on the plat when the City reviewed in
2007.
Chairperson Kondrick asked how tall is the fence now?
Ms. Stromberg replied, 6 or 7 feet.
Chairperson Kondrick asked why the necessity for the 7 to 4 feet, is it for sight reasons when you are
pulling out of Mississippi Place?
Ms. Stromberg replied, the entire fence does not need to be reduced. Only the portion that is in front of
the home. Everything behind the front of the home can stay at 7 feet, but anything in front of the home
would need to go to 4 feet. It is what the Code requires, and it would be related to visibility when you are
backing out of your driveway.
Commissioner Oquist asked whether this fence does belong to this property, not the people to the north?
Ms. Stromberg replied, yes, it does.
Commissioner Oquist asked, what about the fence on the east? Along East River Road?
Ms. Stromberg replied, both fences on the east and west belong to this property owner.
Commissioner Dunham asked whether they are going to use a common driveway?
Ms. Stromberg replied there is another curb cut around the green space with a tree stump that allows
access to the other side of the home.
5
Planning Commission Meeting
November 16, 2011
Page 6
Chairperson Kondrick asked the petitioner if he had any questions or objections to the ideas and
stipulations they are talking about this evening?
Jim Walston,Lindquist&Vennum, replied, no questions. He has one comment regarding the covenants.
He thinks they can talk between now and the Council meeting regarding addressing this access issue and,
with the draft they submit to the City to review, perhaps a cross easement or something like that would
address that because the intent would be the former lender, Bank of America, to sell these individually.
He thinks for the benefit of future owners to make it clear that, yes, someone can drive over the easterly
portion of the driveway to access the westerly garage and vice versa. He thinks that would just make a lot
of sense. He reviewed the stipulations and conditions, has forwarded those to representatives of Bank of
America, and they are in agreement with all of them.
Commissioner Dunham asked could they not make two driveways out of it?
Mr. Walston replied, he is really not that familiar with the site, and he sees a big 4, 5-foot wide stump
and he is not sure what would become of that. They will probably have to look at that.
MOTION by Commissioner Sielaff to close the public hearing. Seconded by Commissioner Solberg.
UPON A VOICE VOTE, ALL VOTING AYE, C,HAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED AT 7:26
P.M.
Chairperson Kondrick stated it seems pretty clear cut to him. He has driven by it many times.
MOTION by Commissioner Sielaff approving Plat, PS #11-01, by Lindquist and Vennum PLLP, for
BAC Home Loan Servicing, LP, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition,
Anoka County, Minnesota, to create Lots l and 2, Block 1, Sarah Addition, generally located at 100 and
1]0 Mississippi Place NE with the following stipulations:
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the
west and east sides of the properly within 6 months of final plat approval.
2. The line separating the two lots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated to
Anoka County along the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property,
at Anoka County, subject to City approvaL Covenants shall define future maintenance
expectations between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
Seconded by Commissioner Oquist.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KONDRICK DECLARED THE
MOTION CARRIED UNANIMOUSLY
3. Receive the Minutes of the Sept ber 5, 2011, Housing and Redevelopment Authority
Commission Meeting.
6
� AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 5, 2011
CRY OF
FRIDLEY
Date: November 22, 2011
To: William Burns, City Manager x°I��
�P
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Preliminary Plat Request, PS#11-01, Lindquist and Vennum PLLP for BAC Home Loan
Servicing, LP
INTRODUCTION
The petitioner,James Walston, on behalf of �133 �'� � �''�, ��-� � a��r �,�• `� �'��, '
�
Lindquist &Vennum PLLP, who is representing the � � � �� � �` �`� �� �
��;. �; .
property owner, Bank of America, is seeking to � �;� � � '� ��
� � �
replat the properties at 100-110 Mississippi Place �� ° ����� . ��` �� �� ���� '� ���� , � � �
to reconfigure Lots 2 and 3, Block 2,Johnson's � ���� �aE �� �,'� � � � � ����� ��`; ���
River Lane Addition, to create Lots 1 and 2, Block 1, �,`��'�"'��'���� ,,� � � ���,� �� ��� ���
� , rio
Sarah Addition. Essentially, this replat will change � . � ��`-� ,��; � e� �.�-���� ��, .�
� �� ,�
the property line from going west and east on �'� _� °���x��� �. � ���� ' `� �
� �� �"' � iz�' .� � ,r�, � ��
these two parcels to north and south, which will �.��r� � s � �
��� ��. � � +� ` iL16 �es ' a-���`.r�
allow the owner to sell each twin home unit t���� . < ��" ,��"` �����,��' <-,� ,� � � �
.� � "°`
separately. � � �, �� � �,�_. .
�
� fi��'������ � ; ���`�:` �". � .,� °�i
�� � �x,°� ��`��;k�'��� � ,"�. � �zi ,� �
In 2007, the previous property owner, Bruce � � ��' �
���_,,,_.-�, �,, � �, �,; 1- + �' ,-����� �_ ` �
Westman, went though this preliminary plat � , ' �
�s �' �`��izi �"� � 3v �. � >.� �-
process; however, the final plat was never filed. ��.,.�"'��� �' � p,��
The property has since gone through foreclosure �� ' �'� � � �. ��� �'���
t�' > � `� �
�d.. � �� � ��Q,,��� .���
and the new owner, Bank of America, would like to � � � "� � �� �� � � �
proceed with getting the lot line changed through ��q�� ��,� y,��� �� a..� � �„ �� �a
the platting process. � � �,�t ��''�� ����� "'���� �
''�' ' � � �, ;��,� �,. ,���� ,,,-
^�'�"��b����,� ,'�� � °�� �� ,.; �a� �a �
PLANNING COMMISSION RECOMMENDATION > '�~��` � ����'�� `�`� �� � � i���
����`� �� :�� �..v �. ,�, ��� � _. . ' .
At the November 16, 2011, Planning Commission
meeting, a public hearing was held for PS#11-01. After a brief discussion, the Planning Commission
recommended approval of plat PS#11-01, with the stipulations as presented.
THE MOTION CARRIED UNANIMOUSLY.
52
PLANNING STAFF RECOMMENDATION
City Staff recommends concurrence with the Planning Commission.
STIPULATIONS
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west
and east sides of the property within 6 months of final plat approval.
2. The line separating the two/ots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River Road)to be dedicated to Anoka
County along the entire/ength of the property.
4. The petitioner shall submit covenants for filing with the County records for this property, at
Anoka County, subject to City approval. Covenants shall define future maintenance expectations
between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
53
City of Fridley Land Use Application
PS#11-01 November 16, 2011
GENERAL INFORMATION SPECIAL INFORMATION
Applicant: SUMMARY OF REQUEST
Lindquist &Vennum PLLP The petitioner, Mr. Walston on behalf of Lindquist
James Walston and Vennum PLLP, is seeking a replat to reconfigure
4200 IDS Center, 80 S 8th Street Lots 2 and 3, Block 2 of Johnson's River Lane
Minneapolis MN 55402 Addition to create Lots 1 and 2, Block 1, Sarah
Requested Action: Addition.
Plat This process was originally started in 2007;
Purpose: however, the final plat was never filed. Since then
To reconfigure lot lines the property has gone through foreclosure and is
Existing Zoning: now before the City again to reconfigure the lot
R-3 Multi-Family lines.
Location: SUMMARY OF ANALYSIS
100-110 Mississippi Place City Staff recommends approval of this plat request.
• The proposed change provides additional
Size: homeownership opportunities.
Total area: 5,574 sq. ft. .36 acre
Existing Land Use: CITY COUNCIL ACTION/60 DAY DATE
Twin home City Council— December 5, 2011
60 Day Date—December 12, 2011
Surrounding Land Use & Zoning:
N: Vacant lot & R-1 ,��
E: East River Rd & ROW ���,�
'��s� s�w
S: Single family home & R-1 ���§� � '"�' - ��'�'~ -���"� �*► �' � ��� � °� `�,a,`
,��' � � ' � � � ,
W: Apt. Bldg& R-3 � ^m.. � � ���n�:,� � � ' �
w� � � � . � ������ ��v�� ����n
Comprehensive Plan Conformance: � �� -���r : � ��
Consistent with Plan. �
Zoning Ordinance Conformance: � ���
, :..k� �������� ^
Each lot will meet or exceed the City s R-3 � � �_ '� ��, ���
zoning requirements. ��' �_��,� � ���
,:��;�
�
Zoning History: ?
1961 - Lot is platted. - �
2002—Duplex constructed. '� � ° ���;�,��;���;
2003—2 decks constructed.
�. x . . .
.. . . ... . . ��, - ' : .. ., �: .. . .,..r
2007—Preliminary Plat approved to Existing Property
reconfigure lot lines; final plat never filed. Staff Report Prepared by: Stacy Stromberg
Legal Description of Property:
Lots 2 and 3, Block 2,Johnson's River Lane
Addition
Public Utilities:
Property is connected.
Transportation:
Mississippi Place provides access to the
property.
Physical Characteristics:
Flat lot with mature trees around the
border of the property.
4
PS #11-01
REQUEST
The petitioner,James Walston, on behalf of Lindquist &Vennum PLLP, who is representing the property
owner, Bank of America, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure
Lots 2 and 3, Block 2,Johnson's River Lane Addition,to create Lots 1 and 2, Block 1, Sarah Addition.
Essentially, this replat will change the property line from going west and east on these two parcels to
north and south.
In 2007, the previous property owner, Bruce Westman, went though this preliminary plat process;
however, the final plat was never filed. The property has since gone through foreclosure and the new
owner, Bank of America, would like to proceed with getting the lot line changed through the platting
process.
�R �� �
�,.."'y� '�
A`�
M1S
"� ���
�
�
110 �� �
�
s
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r ��r
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i+�i1 ��y �^
6....
� �. �_
Subject Properties are highlighted in a Circle—existing lot line goes west and east on the 2 parcels,
replat will change the property line to north and south
ANALYSIS
The subject properties are zoned R-3, Multi-Family. Prior to these properties being developed in 2002,
the two parcels were part of the R-1, Single Family property to the south (111 64 %z Way). They were
always three separate parcels; however, they were encompassed with one single family home and rear
yard. In 2002, the property owner of 111 64% Way, decided to sell 100-110 Mississippi Place. As a
result, the twin home was constructed on the property, which faces and receives access off of
Mississippi Place. At that time, the property owner was told to combine Lots 2 (100 Mississippi Place)
and 3 (110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a
west and east property line, to create 1 lot. Apparently, that lot combination was never filed therefore;
the petitioner is seeking the current replat request, to separate the lots with a north/south property
line, which will then allow the property owner to sell the twin home units individually.
55
The petitioner is not proposing to change the current R-3, Multi-Family zoning. The R-3 section of City
code states that "Lot requirements of this Section are for three (3) or more dwelling units.Two-family
dwellings in this district shall be subject to the R-2 District regulations." Since this lot consists of a two-
family building, the R-2 regulations apply. -
�� � � b� �
� ;�
. q ��� ..0 ?� A � ���IS.I��d•d���'F'�S
Fridley City code requires that lots in the R-2 � p -
, ��� f � _ :� -„
district be a minimum of 75' in width with a "`� '` �� '� �' '��-�, ��, a=�����t�v ��F �
T
minimum total lot area of 10,000 square feet. The f � � "��►��� " ��.s�..� '� ' ,�R� � � �
�.;. .� �
proposed Lots#1 and#2 will be 94.54 ft. in width , �„ ' � "' �` ��, � z�� x �" �
, . , �. , ,�.§�u _ a � �� r r<,3 �-.
and 15,574 square feet in size after the replat. The � ' � � ��'° �
3 a a�,., �'s;S'`� '� `a� �
minimum lot area requirement of 10,000 square m� �.� u�� � ��� �� � � �
feet for a two-family dwelling unit has been met � �, ���� ''�` � � � " �` � �' �
���
on the proposed plat. ��* � �� �. � �� � ��a=
� �� ��� i� a���„ �� p ���E
vt >'� L� -� A
��k 5��� ������ `y� .�, ,�Yr�$ni .—�' .
The existing twin home meets all setback and lot �� � ti� ��
� � �� � �' � �` � :
coverage requirements. However, the fence along ��� � {�� `��,�� �� � s � � � ���
the western and eastern property line is ;. � ���°`�'��=:�;� �- � `� ��'��� '�f
�ua° ."�,,,� �,� ���� `. �..�.� ;��. �.�°�
nonconforming as it is over the required 4 feet o -"`";, �: �` �� �� �p `� � �,,
requirement in the front yard. Staff will stipulate 3���� � ,� � �.w � � � ���
,�,,
that the fence be reduced to 4 feet in the front K� ";� i � �`� � x
� �� � m� �
� �
yard within 6 months of final plat approvaL �� � ��� ��'��. a,;�� �� ���
�
��F p� � �� � �� �::
City staff heard from two nei�hboring properties ' ,.. �' ' �`� � � � ..-r , ,���
�� � ��'°� `' � "`� ,
owners, who were interested in what this replat '" ��` `�,*� �� ,��� � <'� � .
entailed. Once further described to them, neither ��� �� �� , ��, '�^'°� � �� P��
« �� .��
�
���:..�t. ��� v, n�;�.� ;
of them had any problems with the request.
Staff Recommendation
City Staff recommends approval of this p/at request, with stipulations.
• Does provide additional homeownership opportunities.
Stipulations
City Staff recommend that if the plat is approved, the following stipulations be attached.
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west
and east sides of the property within 6 months of fina/plat approval.
2. The line separating the two lots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River RoadJ to be dedicated to Anoka
County along the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property, at
Anoka County, subject to City approval. Covenants shall define future maintenance expectations
between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
56
LINDQUIST
L I N D Q U 1 S T +V E N N U M Minneapolis•Denver
James R.Walston Lindquist&Vennum PLLP
(612)371-3244 4200 IDS Center
jwalston@lindquist.com 80 South Eighth Street
www.lindquist.com Minneapolis, MN 55402-2274
Phone: (612)371-3211
Fax: (612)371-3207
October 10, 2011
Ms. Stacy Stromberg, City Planner
City of Fridley
Community Development Department
6431 University Avenue NE �
Fridley, MN 55432
Re: Plat Application for 100 Mississippi Place and 110 Mississippi Place
(Lots 2 and 3, Block 2, Johnson's River Lane Addition) to
Lot 1 and Lot 2, Block 1 Sarah Addition
Our File No. 517474.0042
Dear Ms. Stromberg:
Enclosed in connection with the proposed replat of Lot 2 and Lot 3, Block Z, Johnson's River
Lane Addition to Lot 1 and Lot 2, Block 1, Sarah Addition, please find the following:
1. Original Plat Application executed Carol Stull, Assistant Vice President of Bank of
America, N.A., successor by merger to BAC Home Loans Servicing LP, as owner and
further executed by the undersigned as Petitioner.
2. $1,500.00 check from Stewart Title Guaranty Company(Check No. 347531) for the plat
application fee.
3. Three (3) folded full size copies of the proposed preliminary Sarah Addition plat, along
with one (1) 11 x 17 to scale reduction and one (1) 8'.i� x 11 reduction.
4. Three (3) folded full size copies of the final plat of Sarah Addition, along with one (1) 11
x 17 to scale reduction and one (1) 8 'h x 11 reduction.
5. Stewart Title of Minnesota Real Property Report for the subject property.
Email/PDF of the preliminary plat and final plat will be sent to you.
Please acknowledge receipt of the foregoing at your earliest convenience, along with the
proposed hearing date(s) for the plat application.
I will stand by to respond to any questions or concerns you have with respect to this application.
DOCS-#3565669-v l 57
Ms. Stacy Stromberg
October 10, 2011
Page 2
Please note that Jason E. Rud (E. G. Rud & Sons, Inc.) will present the proposed plat to the
Anoka County Surveyor for review.
Thank you for your attention to this matter. I look forward to working with you.
Very truly yours,
LINDQUIST& V PLLP
ames R. Walston
JRW/rlt
Enclosures
cc: Carol 1, Bank of America,N.A. (via email)
e Hanson, Bank of America,N.A. (via email)
Jason E. Rud, E.G. Rud& Sons, Inc. (via email)
DOCS-#3565669-v1 5�
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59
� AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 12, 2011
(XTY OF
FRIDLEY
Date: December 6, 2011
To: William Burns, City Manager ,,
v
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Resolution Approving Finai Plat, PS#11-01, Lindquist and Vennum PLLP for BAC Home Loan
Servicing, LP
ANALYSIS
At the December 5, 2011 City Council meeting, the Council approved the preliminary plat for PS#11-01.
The petitioner, James Walston, on behalf of Lindquist&Vennum PLLP, who is representing the property
owner, Bank of America, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure
Lots 2 and 3, Block 2,Johnson's River Lane Addition, to create Lots 1 and 2, Block 1, Sarah Addition.
Essentially, this replat will change the property line from going west and east on these two parcels to
north and south, which will allow the owner to sell each twin home unit separately.
The petitioner has the final plat mylars ready and would like to get them filed at Anoka County before
the end of the year.
RECOMMENDATION
The Planning Commission and City staff recommends approval of the final plat resolution for PS#11-01,
to be cailed "Sarah Addition", by Lindquist and Vennum PLLP for BAC Home Loan Servicing, LP.
STIPULATIONS
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west
and east sides of the property within 6 months of final plat approval.
2. The line separating the two/ots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated to Anoka
County a/ong the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property, at
Anoka County, subject to City approval. Covenpnts shall define future maintenance expectations
between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
1
RESOLUTION NO.
RESOLUTION APPROVING A PLAT, P.S. #11-01, SARAH ADDITION,BY
LINDQUIST AND VENNUM PLLP ON BEHALF OF THE OWNERS, BANK OF
AMERICA HOME LOANS SERVICING, LP, FOR THE PURPOSE OF
RECONFIGURING THE LOT LINES TO A NORTH/SOUTH POSITION TO ALLOW
THE TWIN HOME UNITS TO BE SOLD SEPARATELY, GENERALLY LOCATED AT
100-110 MISSISSIPPI PLACE NE
WHEREAS, the Planning Commission held a public hearing on November 15, 2011, and
recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for SARAH ADDITION at their
December 5, 201 I, meeting, with stipulations attached as Exhibit A; and
WHEREAS, a copy of the plat SARAH ADDITION has been attached as Exhibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for
SARAH ADDITION and directs the petitioner to record the plat at Anoka County within six
months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
12`h DAY OF DECEMBER 2011.
SCOTT LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
2
Page 2—Resolution -2011 — SARAH ADDITION
EXHIBIT A
STIPULATIONS
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the
west and east sides of the property within 6 months of final plat approval.
2. The line separating the two lots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River Road)to be dedicated to
Anoka County along the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property,
at Anoka County, subject to City approvaL Covenants shall define future maintenance
expectations between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
3
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FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2011 PAGE 11
ouncilmember Barnette stated picking up on that same thing, there was a time in �rki'ey
w re they used to talk about the industrial/commercial paid approximately two-thir s of the
taxe nd the personal property taxes one-third. He asked what the ratio was now.
Darin Ne on, Finance Director, replied he believed they were the oppos'�of that. He could
double-chec hat.
Councilmember rnette stated and still the City is getting c,p tinued challenges from the
industrial/commercia . .��
Dr. Burns stated the law it stands makes the City re onsible for that. The beneficiaries of
the work the City does in i ting these challenge are primarily the school district and the
County, yet the City winds up pa 'ng the cost for t se things.
�°
Councilmember Barnette stated he way prided himself in telling people in Anoka County
that Fridley at one time was probably the west on property taxes. The City of Fridley residents
still get a very good bargain. ,��
��,.
Councilmember Bolkcom aske,.�'when the actua umbers for the school levies would come out.
� '
Mr. Nelson replied in M when the residents receive e final notices on the tax statements.
Mayor Lund stated ere probably will be some increases the tax statements depending on
the vote from tho levy referendums.
Mr. Nelson tated he did talk with a couple of school districts, spe��cally Fridley School
District. believed that district is the only one where there will be a chang rom their truth in
taxation otices to their tax statements. Regarding the other school districts, ka-Hennepin
and S ing Lake Park, he believed they had referendums as well but they did not expir this year.
The will be renewed for the following year. �
NEW BUSINESS:
11. Plat Request, PS #11-01, by Lindquist & Vennum, PLLP, for BAC Home Loan
Servicing, LP, to Reconfigure the Lots at 100 and 110 Mississippi Place N.E.
(Ward 3).
Scott Hickok, Community Development Director, stated this is a final plat. James Walston is
the petitioner. He is seeking a replat of properties at 100 and 110 Mississippi Place N.E. to
reconfigure the property lines from going east and west to north and south which allowed the
homeowner to sell each twin home unit separately on its own parcel.
Mr. Hickok stated in 2007 the previous property owner, Bruce Westman, went through the
preliminary plat process; however, the final plat was never filed. The property has since gone
through foreclosure and the new owner, Bank of America, would like to proceed with getting the
lot line changed through the platting process.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2011 PAGE 12
Mr. Hickok stated the existing twin home meets all setbacks and lot coverage requirements.
The fence along the western and eastern property line is non-conforming in that it is higher than
4 feet in the front yard. The front yard fence can only be 4 feet and this one is a bit higher. Staff
will stipulate the fence be reduced to 4 feet in the front yard within six months of the final plat
approval.
Mr. Hickok stated at the November 16 meeting this year the Planning Commission unanimously
recommended approval with the stipulations. Staff does recommend concurrence with that
Planning Commission recommendation.
Councilmember Bolkcom asked about the final plat because back in 2007 there was a
preliminary plat. Now it is in front of them again and one of the stipulations is related to the
final plat. What is normally the time frame related to that?
Mr. Hickok replied typically there is a six-month time period to go from the preliminary plat to
the final plat. Mr. Westman had been contacted numerous times to get his final plat recorded
and simply did not do that. The bank then, after foreclosure, was in a situation where they
wanted to sell each of the units independently but could not.
Councilmember Bolkcom asked if there was anything the City can do to increase the chances of
that final plat being completed.
Mr. Hickok replied they are very interested in doing that now.
Jim Walston, attorney with the law firm of Lindquist & Vennum, stated he was referred this
case last summer. He looked it over, determined what the problems were, and at that point they
moved ahead right away, examining the title, seeing all the problems, and what Mr. Westman did
not do. He cannot remember the exact date they filed all the application materials, but they are
fast-tracking this as best they can. They agree with all the conditions. Hopefully they will have
the check for the park dedication fee this week, and they will turn that over to Stacy Stromberg.
Mr. Walston stated they are all set to go. Bank of America is aware of the requirements for the
trimming back of the fence. They are going to ground out an unsightly tree stump in the front
yard and landscape it. They have prepared an exterior maintenance, landscaping, and party wall
declaration that Bank of America has signed off on in form and content which has been approved
by Fridley City staff. As he understands the process, the final plat will be before Council next '
week and assuming it is approved, they would be set to pay the fees and file the plat.
Councilmember Bolkcom stated at the Planning Commission meeting there was some talk
about the cross easements and access.
Mr. Walston stated they thought there would need to be a cross-driveway easement but that is
not the case. As far as the declaration, typically when you have a party wall, it would cover
maintenance and repair issues with that common structural line. City staff had a very good idea
to have a declaration with respect to exterior maintenance. He thinks they have it all covered.
. . .- .,�
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 5, 2011 PAGE 13
Mr. Hickok stated staff is very comfortable with the document.
Councilmember Saefke asked if the property line is going to go down the middle of the two
units.
Mr. Walston replied right.
Councilmember Saetke asked since there would be two separate owners, will there be two
sewer and two water services, one for each side.
Mr. Hickok replied this was built as though it was going to be separate ownership for both sides.
Unfortunately, but for this line, everything else was done right.
Councilmember Saefke asked whether they see any problems because they are talking about
covenants between the two owners on the maintenance of the building.
Councilmember Bolkcom stated it is one of the stipulations, too.
Mr. Hickok replied, they have done a very nice job of making sure that does not happen.
MOTION by Councilmember Bolkcom approving Plat Request, PS #11-01, by Lindquist &
Vennum, PLLP, for BAC Home Loan Servicing, LP, with the following five stipulations:
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the
west and east sides of the property within 6 months of final plat approval.
2. The line separating the two lots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River Road) to be dedicated to
Anoka County along the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property,
at Anoka County, subject to City approval. Covenants shall define future maintenance
expectations between property owners.
5. The petitioner shall pay Park Dedication fees at a rate of$1,500 per lot.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
RESOLUTION NO. 2011-62
RESOLUTION APPROVING A PLAT, P.S. #11-01, SARAH ADDITION, BY
LllVDQUIST AND VENNUM PLLP ON BEHALF OF THE OWNERS, BANK OF
AMERTCA HOME LOANS SERVICTIVG, LP, FOR TFIE PURPOSE OF
RECONFIGURING THE LOT LINES TO A NORTH/SOUTH POSTTION TO ALLOW
THE TWIN HOME UNITS TO BE SOLD SEPERATELY, GENERALLY LOCATED AT
100-110 MISSISSIPPI PLACE NE
WHEREAS, the Planning Commission held a public hearing on November l5, 2011, and
recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for SARAH ADDITION at their
December 5, 2011, meeting, with stipulations attached as Exhibit A; and
WHEREAS, a copy of the plat SARAH ADDITION has been attached as Exhibit B.
NOW, THEREFORE, BE 1T RESOLVED, that the City Council approves the Final Plat for
SARAH ADDITiON and directs the petitioner to record the plat at Anoka County within six
months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS
12"' DAY OF DECEMBER 2011.
�� �
SCOTT UND -MAYOR
ATTEST:
-Ja �-
DEBRA A. SKOGEN CITY CLERK
Resolution No. 2011-62 Page 2
EXHIBIT A
SARAH ADDITION
STIPULATIONS
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the
west and east sides of the property within 6 months of final plat approval.
2. The line separating the two lots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River Road)to be dedicated to
Anoka County along the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property,
at Anoka County, subject to City approval. Covenants shall define future maintenance
expectations between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
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Recard ID 2456938
2Q26196 . �46
STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS
SUBDIVISION (PLAT OR LOT SPLIT)
COUNTY OF ANOKA )
ClTY OF FRIQLEY )
In the Matter of: Final Plat, PS #11-01
Owner: BAC Home Loans Servicing LP
The above entitled matter came before the City Council of the City of Fridley and was heard on the 12th day of
December, 2011, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the
following described property:
For the purpose of reconfiguring the lot lines to a north/south position to allow the twin home units to be
sold separately, legally described as Lot 2, Block 2, Johnson's River Lane Addition, subject to
easement of record, generally located at 100-110 Mississippi Place NE.
IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons:
Approval with five stipulations. See Resolution #2011-62.
STATE OF MINNESOTA )
COUNTY OF ANOKA ) OFFICE OF THE CITY
CLERK
CITY OF FRIDLEY )
. � • •
I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I
have compared the foregoing copy and order granting a subdivision with the original record thereof preserved
in my office, and have found the same to be a correct and true transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the
County of Anoka on the ' ��J�► day of � �,�„"t'-��-- , 2011
DRAFTED BY:
.-.s,,
City of Fridley � � �
6431 University Avenue N.E.
Fridley, MN 55432 Debra A. Skogen, City Clerk
� ' (SEAL)
`.��
„ ,
t
RESOLUTION NO. 2011-62
RESOLUTION APPROVING A PLAT, P.S. #11-01, SARAH ADDTTION, BY
LINDQUIST AND VENNUM PLLP ON BEHALF OF THE OWNERS, BANK OF
AMERICA FIOME LOANS SERVICING, LP, FOR THE PURPOSE OF
RECONFIGURING THE LOT LINES TO A NORTH/SOUTH POSITION TO ALLOW
THE TWIN HOME UNITS TO BE SOLD 5EPERATELY, GENERALLY LOCATED AT
100-110 MISSISSIPPI PLACE NE
WI��REAS, the Planning Commission held a public hearing on November 15, 2011, and
recommended approval of said plat; and
WHEREAS, the City Council approved the preliminary plat for SARAH ADDITION at their
December 5, 20I l, meeting, with stipulations attached as Exhibit A; and
WHEREAS, a copy of the plat SARAH ADDITION has been attached as E�ibit B.
NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for
SARAH ADDITION and directs the petitioner to record the plat at Anoka County within six
months of this approval or such approval shall be null and void.
PASSED AND ADOPTED BY THE CTTY COUNCIL OF THE CITY OF FRIDLEY THIS
12�' DAY OF DECEMBER 2011.
� �
SCOTT UND-MAYOR
ATTEST:
DEBRA A. SKOGEN CITY CLERK • A ' . '
. -; : .
1
' a,
Resolution No. 2011-62 Page 2
EXHIBIT A
SARAH ADDITION
STIPULATIONS
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the
west and east sides of the property within 6 months of final plat approval.
2. The line separating the two lots shall align with the party wall of the twin home.
3. Final plat shall show right of access along CSAH 1 (East River Road)to be dedicated to
Anoka County along the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property,
at Anoka County, subject to City approval. Covenants shall define future maintenance
expectations between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
Resolution No. 2011-62 Page 2
EXHIBIT A
SARAH f1DDITION
STIPULATION S
1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the
west and east sides of the property within 6 months of final plat approval.
2. The line separating the two lots shall align with the party wall of the twin home.
3. Fina] plat shall show right of access along CSAH 1 (East R.iver Road)to be dedicated to
Anoka County along the entire length of the property.
4. The petitioner shall submit covenants for filing with the County records for this property,
at Anoka County, subject to City approval. Covenants shall define future maintenance
expectations between property owners.
5. The petitioner shall pay Park Dedication Fees at a rate of$1,500 per lot.
� �
�---- - 'Page 3
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_�:�]Oti� COC'�NT�" I��1IN�1ESO"1'A �
1)ocun��tlt Nc�.: 2026196.006 .��13STR,�CT
1 hzi-�b�� ��r•tif�� that tlie �+�itliin i�isti•unizi�t ���as iil�d i�i tlii�
oi�ic� ti�r re�cord on: 12;'16J2011 1 1:S2:O0 <�I��I
Fzes;"l�a�zs Iii tlie :linount ol: $�6.0()
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��dnii�iistrator�'Rerordzr,'Registrar of Titles
LI�U, Dzputy
IZecord II): 24�6938