Loading...
09.c1 Tii Gavo Conservation Easement Amendment 1 | P a g e Date of Meeting: May 20, 2025 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: Tii Gavo Conservation Easement Amendment Update City staff have identified an issue with an improvement on the Protected Land within the Tii Gavo Conservation Easement. The developer and Homeowners Association have requested that the Conservation Easement be amended to address the issue. At the February 18, 2025, City Council meeting, the Council directed staff to prepare documents for the amendment. The City Attorney has drafted an amendment to the conservation easement as well as a shared access easement for the two lots that will utilize the shared driveway. AMENDMENT CRITERIA The criteria for amending the Conservation Easement (Washington County Doc. 3655398), are established with the easement itself and detailed in the attached staff report from February 18, 2025. At the February 18, 2025, meeting, the Council found that the amendment request met the amendment conditions. The Conservation Easement amendment (“amendment”) establishes the right to construct a shared driveway utilities and stormwater needs for the adjacent lots and requires a shared access easement. The Shared Access Easement establishes the benefitted parties, the continuation of the easement to future owners, and the requirements of maintenance for the easement area. The are will need to be maintained in perpetuity by the future owners of Lot 1, Block 2, and Lot 4, Block 1. COUNCIL ACTION The City Council can do one of the following: 1. Approve of the attached easement amendment and easement 2. Deny the request for an easement amendment, with findings. 3. Table the request for further review/study. 2 | P a g e Attachments A. Conservation Easement Amendment B. Shared Access Easement C. City Council “Tii Gavo Conservation Easement Amendment Request” Packet, February 18, 2025 [24947-32621/3591319/2] 1 AMENDMENT TO CONSERVATION EASEMENT This Amendment to Conservation Easement (“Amendment”) is made and entered into as of this ____ day of _____________________, 2025, by and between Tii Gavo Community Association, a Minnesota nonprofit corporation (“Owner”), and the City of Scandia, a Minnesota municipal corporation (“City”). WITNESSETH: WHEREAS, Owner owns the real property located at Outlots A, B, D, E, F, G, Tii Gavo, City of Scandia, Washington County Minnesota, legally described in the attached Exhibit A (“Property”); WHEREAS, Owner is the fee title successor to Big Marine Lake Development, LLC, a Minnesota limited liability company (“Previous Owner”), the previous fee title holder to the Property; and WHEREAS, the Previous Owner and the City entered into that Conservation Easement dated June 28, 2007, recorded with the Washington County Recorder’s Office on August 2, 2007, as Document No. 3655398 (“Conservation Easement”); and WHEREAS, the Owner and the City desire to amend the Conservation Easement to clarify that a shared driveway located on Outlot B of the Property is permitted; and WHEREAS, Paragraph 27 of the Conservation Easement grants the Owner and the City the authority to amend the Conservation Easement, provided the amendment: (1) does not impair the Conservation Values of the Protected Land, (2) does not affect the perpetual duration of the Conservation Easement, (3) is approved by the City of Scandia, and (4) does not affect the qualification of the Conservation Easement under Minn. Stat. § 84C.01-84C.05 (collectively “Amendment Conditions”); and WHEREAS, at the February 28, 2025 City of Scandia City Council meeting, the Council determined that the proposed Amendment meets the required Amendment Conditions and instructed staff to prepare the necessary documents to amend the Conservation Easement. [24947-32621/3591319/2] 2 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by and between the parties as follows: 1. Recitals. The above recitals are true and correct and incorporated by reference. 2. Amendment. The Conservation Easement is amended as follows: a. Paragraph 5 is replaced in its entirety as follows: 5. Construction. Owner shall not construct or install buildings or improvements of any kind including, without limitation, fences, driveways, parking lots or roads on the Protected Land, except as specified herein and except as follows: a. A community wastewater treatment system/drainfield may be installed on Outlot D and fences may be constructed to enclose components thereof. b. A community building, tennis court, volleyball court, patio, fire pit, beach, shower tower, community docks, boardwalks and associated driveway and parking lot may be constructed on Outlot D. c. Boardwalks may be constructed on Outlots B and E. d. Entry monuments may be constructed on Outlots A and B. e. A picnic shelter may be constructed on Outlot B. f. A fountain and benches may be constructed and installed on Outlot E. g. A swimming platform and community docks may be constructed and installed on Outlot B. h. A shared driveway utilities and related stormwater needs for Lot 4 Block 1 and Lot 1, Block 2, TII GAVO SECOND ADDITION may be constructed and installed on Outlot B, provided a shared access easement is recorded against the impacted property. i. Picnic tables and benches may be installed on all of the Protected Land. (collectively “Permitted Construction”) The community building, tennis court, volleyball court, patio, fire pit, beach, shower tower, docks, boardwalks and associated driveway and parking lot are approved by the City in connection with the approval of the Plat of Tii Gavo. Owner shall be permitted to engage in the construction activities necessary to repair, replace and maintain the Permitted Construction. 3. Covenants Run with Land. The terms, covenants and provisions of this Amendment, including the benefits and burdens, shall run with the land and inure to the benefit of and be binding upon the legal representatives, successors and assigns of the parties and be enforceable by the parties and their respective successors and assigns. 4. Recording. Owner shall file this Amendment with the Washington County Recorder’s Office against the Property identified in Exhibit A. [24947-32621/3591319/2] 3 5. Entire Agreement and Modification. This Amendment represents the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes any and all previous agreements of whatever nature between the parties with respect to the subject matter hereof. Neither the Conservation Easement nor this Amendment may be altered or amended except by an agreement in writing. 6. Controlling Law. This Amendment shall be governed by and construed under the laws of the State of Minnesota. 7. Severability. If any term or provision of this Agreement is ever determined to be invalid or unenforceable for any reason, such term or provision shall be severed from this Agreement without affecting the validity or enforceability of the remainder of this Agreement. 8. Counterparts. This Amendment may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which, when taken together, constitute the same instrument. [Signature pages follow.] [24947-32621/3591319/2] 4 IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first above written. Owner: Tii Gavo Community Association, a Minnesota nonprofit corporation Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me on ___ day of ____________, 2025, by ______________________, the _________________ of Tii Gavo Community Association, a Minnesota nonprofit corporation, on behalf of said entity. Notary Public My commission expires: [24947-32621/3591319/2] 5 City: City of Scandia, a Minnesota municipal corporation Mayor Steve Kronmiller Brenda Eklund, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me on ___ day of ____________, 2025, by Mayor Steve Kronmiller and City Clerk Brenda Eklund by and on behalf of the City of Scandia, a Minnesota municipal corporation. Notary Public My commission expires: [24947-32621/3591319/2] 6 EXHIBIT A Outlots A, B, D, E, F, and G, TII GAVO, Washington County, Minnesota 1 SHARED ACCESS EASEMENT THIS SHARED ACCESS EASEMENT (“Easement”), is made as of this _____ day of _____________________, 2025 by and between Guidance Homes Inc., a Minnesota corporation, the property owner of Lot 1, Block 2, Tii Gavo, and J. Johnson Development, LLC., a Minnesota limited liability company, the property owner of Lot 4, Block 1, Tii Gavo, (collectively the “Benefited Property Owners”) and Tii Gavo Community Association, a Minnesota nonprofit corporation (“Encumbered Property Owner”). RECITALS WHEREAS, Encumbered Property Owner is the owner of certain real property identified as Outlot B, TII GAVO, in the City of Scandia, Washington County, Minnesota legally described on the attached Exhibit A (“Encumbered Property”); and WHEREAS, Benefited Property Owners are the owners of certain real property identified as Lot 4, Block 1 and Lot 1, Block 2, TII GAVO, in the City of Scandia, Washington County, Minnesota legally described on the attached Exhibit A (“Benefited Property”); and WHEREAS, the Benefited Property Owners have constructed a private driveway over a portion of the Encumbered Property as legally described in Exhibit B and depicted in Exhibit C; and WHEREAS, the parties desire to declare and establish a non-exclusive private shared access easement herein described and subject to the terms and condition of this Easement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned does hereby declare, establish and impose the following easements and covenants: 1. Grant of Easement. Subject to any express conditions, limitations or reservations contained herein, Encumbered Property Owner hereby grants and conveys to the Benefitted Property Owners a non-exclusive perpetual easement (the “Easement”) for roadway, including pedestrian and vehicular ingress egress purposes, utilities, and related stormwater management from the Encumbered Property to the existing right of way of Meadowridge Trail North over and across that portion of the Encumbered Property described and depicted on the attached Exhibit B and Exhibit C, respectively (the “Easement Area”). 2. Maintenance of Easement Area. The Benefited Property Owners shall be responsible at their sole cost and expense for maintaining the Easement Area. Such maintenance shall include all repairs, resurfacing, cleaning, clearing, snow and ice removal, utility repair, replacement, and maintenance, stormwater repair, replacement and maintenance other such activities that are reasonably necessary to maintain the Easement Area in good, safe, and serviceable condition and in compliance with all applicable governmental laws and regulations, and any such work shall be done in a good and workmanlike manner. 3. Covenants Run with Land. All the terms and conditions of this Agreement, including the benefits and burdens, shall run with the land and shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns. 4. Termination of Easement. The Easement declared, granted, established, and conveyed herein is permanent in nature and may be terminated only by an agreement in writing signed by all parties. As and to the extent required for any reason, the parties agree to execute a recordable document to memorialize, record, or effect any such termination. 5. No Public Dedication. Nothing contained in this Agreement shall be deemed a gift or dedication of any portion of the Encumbered Property to the general public. 6. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of all parties, and their successors and assigns. 7. Amendment. This Agreement may only be amended, modified or supplemented by an agreement in writing and signed by all parties. 8. Governing Law. This Agreement is entered into in and shall be governed by and construed in accordance with the internal laws of the State of Minnesota. 9. Severability. If any term or provision of this Agreement is determined to be invalid or unenforceable for any reason, such term or provision shall be severed from this Agreement without affecting the validity or enforceability of the remainder of this Agreement. 10. Counterparts. This Agreement may be signed in any number of counterparts with the same effect as if the signatures were upon the same instrument. [SIGNATURE PAGES FOLLOW.] IN WITNESS WHEREOF, Grantor has executed this Agreement to be effective as of the date first above written. Encumbered Property Owner: Tii Gavo Community Association, a Minnesota nonprofit corporation Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me on ___ day of ____________, 2025, by ______________________, the _________________ of Tii Gavo Community Association, a Minnesota nonprofit corporation, on behalf of said entity. Notary Public My commission expires: 1 Benefited Property Owner of Lot 1, Block 2, Tii Gavo: Guidance Homes, Inc. Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me on ___ day of ____________, 2025, by ______________________, the _________________ of Guidance Homes, Inc. on behalf of said entity. Notary Public My commission expires: Benefited Property Owner of Lot 4, Block 1, Tii Gavo: J. Johnson Development, LLC., a Minnesota limited liability company Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) This instrument was acknowledged before me on ___ day of ____________, 2025, by ______________________, the _________________ of J. Johnson Development, LLC., a Minnesota limited liability company, on behalf of said entity. Notary Public My commission expires: EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY ENCUMBERED PROPERTY: Outlot B, TII GAVO Washington County, Minnesota PID: 28.032.20.42.0002 BENEFITED PROPERTY: Lot 4, Block 1 Lot 1, Block 2 TII GAVO SECOND ADDITION. Washington County, Minnesota PIDS: 28.032.20.42.0007 and 28.032.20.42.0006 Street Addresses: 19141 MEADOWRIDGE TRAIL NORTH and 19177 MEADOWRIDGE TRAIL NORTH EXHIBIT B LEGAL DESCRIPTION OF EASEMENT AREA That part of Outlot B, TII GAVO, according to said plat on file and of record in the office of the County Recorder, in and for, Washington County, Minnesota described as follows: Beginning at the most westerly corner of Lot 1, Block 2, TII GAVO SECOND ADDITION, according said plat on file and of record in said office of the County Recorder; thence on an assumed bearing of North 51 degrees 47 minutes 18 seconds West, along the northeasterly right of way line of Meadowridge Trail North as dedicated in said plat of TII GAVO, a distance of 40.00 feet to the most southerly corner of Lot 4, Block 1 said TII GAVO SECOND ADDITION; thence North 38 degrees 12 minutes 42 seconds East, along the southeasterly line of said Lot 4, a distance of 95.50 feet; thence North 00 degrees 39 minutes 36 seconds East, along said easterly line of Lot 4, a distance of 223.76 feet; thence North 30 degrees 50 minutes 23 seconds West, along the northeasterly line of Lot 4, a distance of 180.82 feet to the most northerly corner of said Lot 4; thence North 54 degrees 29 minutes 36 seconds East, a distance of 50.00 feet; thence North 78 degrees 22 minutes 43 seconds East, a distance of 99.07 feet to the westerly line of said Lot 1; thence South 00 degrees 18 minutes 57 seconds East, along said westerly line of Lot 1, a distance of 429.16 feet; thence South 38 degrees 12 minutes 42 seconds West, along the northwesterly line of Lot 1, a distance of 125.51 feet, to point of beginning. EXHIBIT C 1 | P a g e Date of Meeting: February 18, 2025 To: Honorable Mayor and Members of the City Council From: T.J. Hofer, Consultant City Planner Re: Tii Gavo Conservation Easement Amendment Request City staff have identified an issue with an improvement on the Protected Land within the Tii Gavo Conservation Easement. The developer and Homeowners Association have requested that the Conservation Easement be amended to address the issue. BACKGROUND As part of the approval for the Tii Gavo subdivision with the initial plat, a Conservation Easement was recorded against parts of the property described as, “Outlots A, B, D, E, F, and G, TII GAVO.” This Conservation Easement prohibits development or land disturbance of any kind within these areas aside from specific exceptions detailed in Section 5 of the Conservation Easement. The City approved the Final Plat of Tii Gavo 2nd Addition with Resolution 2022-35 on October 18, 2022. With the review of that application, a shared driveway was shown to be located between Lot 1, Block 2, and Lot 4, Block 1, which would be located in part of Outlot B. This shared driveway was not one of the specific exceptions identified within the Conservation Easement. The October 18, 2022, staff report to the City Council for the Final Plat stated: Lot 1, Block 2, and Lot 4, Block 1 are proposed to utilize a shared driveway, as shown by the access easement that runs north between the two lots. Wetlands and easements prevent individual driveways from adequately serving those two lots. Lot 4, Block 1 has a Manage 3 wetland on it, while Lot 1, Block 2 has a Manage 2 | P a g e 1 wetland on it. Drainage easements also cover portions of each lot. A Development Agreement between the applicant and the city will be required to ensure proper installation and construction of the subdivision. Further, in Resolution 2022-35 the following condition was included: 5. The applicant shall update the current Development Agreement and Conservation Easement to include the proposed improvements for Tii Gavo 2nd Addition, which shall be approved by the City Council. Based on the current version of the Conservation Easement, staff believes that it was never amended or updated to reflect the construction. The shared driveway has been constructed at this time and the City recently received an application for a building permit for Lot 1, Block 2, which is when the issue was identified. If the Conservation Easement is not amended the disturbance of this area within the Conservation Easement must be considered a violation of the Conservation Easement. Staff worked with the developer to establish a date for the Conservation Easement to be amended to allow for the building permit to be issued. At this time the building permit has been issued and staff stated that if the Conservation Easement is not amended, a stop work order may be issued. Both the developer, Jaren Johnson of Guidance Homes, Inc. (“developer”), and the Homeowner’s Association, Tii Gavo Community Association, Inc. represented by Dan Bushard, have made a request to the City to have the Conservation Easement amended. Within Johnson’s request a date of March 18, 2025, was given as a deadline for amending the Conservation Easement. OVERVIEW OF REQUEST The City Council has been asked to consider an amendment to the Conservation Easement (Washington County Doc. 3655398) for the Tii Gavo subdivision. The request from Johnson is attached and requests the following: Please accept this memo as a written request to amend the conservation easement filed upon Outlot B, TII GAVO, as per document number 3655398. The purpose of this amendment is to accommodate the shared driveway, utilities, and stormwater needs for Lots 4, Block 1 and Lot 1, Block 2, TII GAVO SECOND ADDITION. The second phase of TII GAVA has been developed consistently with the 3 | P a g e original intent of the approved preliminary plat from 2006. The shared driveway was omitted from Item 5 (Construction Category) as one of the approved improvement exceptions, and we are requesting its inclusion. The deadline for amendment of the Conservation Easement is March 18, 2025. As part of the request staff requested documents showing the ownership of the parcel and obligations under the Conservation Easement, draft language to be placed in the Conservation Easement, and an exhibit showing the area in question with a legal description. Staff have received an exhibit showing the area in question with a legal description. Review Criteria The Conservation Easement includes language regarding the process of amending the Easement in Section 27 of the Easement: 27. Amendment. The parties may amend this Conservation Easement provided that such amendment (i) shall not impair or threaten the Conservation Values of the Protected Land, (ii) shall not affect the perpetual duration of this Conservation Easement, (iii) is approved by the City, which approval shall not be unreasonably withheld, and (iv) shall not affect the qualification of this Conservation Easement under Minnesota Statutes, Sections 84C.01-84C.05. The “parties” referenced within Section 27 refer to the City of Scandia (“City”) and Big Marine Lake Development, LLC (“Owner”). Within the Conservation Easement item C. states that the land within the Conservation Easement is referred to as the “Protected Land” and that the Protected Land shall be conveyed to TII GAVO Community Association, Inc. (the “Association”) along with all obligations and liabilities of the Owner. Proof of ownership of the Outlot has not been provided as part of the request, but Washington County records indicate that Outlot B is owned by “Tii Gavo Community Assoc Inc.” Based on County records, staff believe it is reasonable to assume that the obligations within the Conservation Easement have been transferred to the Association. When considering an amendment to the Conservation Easement, the document states that the amendment: (i) shall not impair or threaten the Conservation Values of the Protected Land, (ii) shall not affect the perpetual duration of this Conservation Easement, (iii) is approved by the City, which approval shall not be unreasonably withheld, and (iv) shall not affect the qualification of this Conservation Easement under Minnesota Statutes, Sections 84C.01-84C.05. STAFF ANALYSIS The request from the developer and the Association is consistent with the approved plans for Tii Gavo 2nd Addition and past staff reports appear to indicate that the amendment was intended to be completed. 4 | P a g e Staff have discussed if the amendment is approved, how to implement it into the Conservation Easement and would recommend adding a new Section after Section “27. Amendment”, rather than adding the requested area to the exempted area in Section 5. If the Council wishes to approve the amendment, the Council may wish to consider the following options: 1. Identify with specificity uses of the easement area and expressly limit use, including prohibiting expansion or alteration. 2. Requiring a Shared Private Driveway Easement subject to the Conservation Easement, as amended. The Conservation Easement is the controlling document in case of any conflicts or ambiguities. The Shared Driveway Easement must be reviewed and approved by the City as well as any amendments, and the City must receive a copy of the recorded documents. 3. Limiting access to the private lots and prohibiting private access to the Protected Land via the shared driveway. 4. The City may retain unfettered use of the Easement Area and may use the area to access the Protected Land, however, the shared driveway shall not act as a general public right-of-way. 5. All costs regarding the shared driveway should be the responsibility of the property owners, such Repair, Maintenance, Replacement. 6. A provision that prohibits adverse impacts on remainder of the Protected Land. Additionally, the City may wish to consider the following questions: 1. Does the City want to have the right to repair, maintain, and replace if private lot owners do not? 2. Does the City want an indemnity provision to protect the City from damage to the area or connecting right-of-way, streets, and wetlands? Should insurance be required? 3. The area was included in the grading plan for the development, but does the City have any additional concerns about runoff or other adverse impacts on remainder of the Protected Land or surrounding area that should be addressed? COUNCIL ACTION The City Council should consider the amendment request from the developer and the Association through the criteria established in the Conservation Easement. If the Council finds the amendment consistent with the development and the Conservation Easement, the Council may request the developer or the Association prepare the necessary 5 | P a g e documents to amend the Conservation Easement. The Council may also direct staff to prepare the necessary documents, with any costs incurred due to the request to be reimbursed by the developer or the Association. If the Council finds the amendment is not consistent with the development and the Conservation Easement, the Council should establish findings as to why the amendment is not consistent and direct staff to prepare a resolution for denial with said findings. Attachments A. Location Map with 2024 Aerial from Washington County B. Conservation Easement (Washington County Doc. 3655398) C. Resolution 2022-35 D. Sheet C1.1 and C1.2 from Tii Gavo Second Addition Civil Drawings, reviewed and approved with Resolution 2022-35 E. Request from Jaren Johnson, dated January 22, 2025 F. Shared Driveway Exhibit for Conservation Easement Amendment 71 4.3 © Bolton & Menk, Inc - Web GIS 0 Legend Location Map This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Scandia is not responsible for any inaccuracies herein contained. Disclaimer: 2/14/2025 10:59 AM 500 Feet City Limits Parcels 01/17/2025 Lot Lines Parks MNWASH24_Property_492888E99528N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_458568E231528N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_458568E199848N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_458568E170808N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_453288E123288N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_450648E279048N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_450648E255288N.sid Red: Band_1 Green: Band_2 Blue: Band_3 MNWASH24_Property_450648E144408N.sid Red: Band_1 Green: Band_2 Blue: Band_3 CITY OF SCANDIA, MINNESOTA CC RESOLUTION NO. 2022-35 TII GAVO 2ND ADDITION FINAL PLAT FOR A MAJOR SUBDIVISION WHEREAS, J Johnson Development, on behalf and with consent of the property owners Big Marine Lake Development, LLC, has made application for a Final Plat for a Major Subdivision to permit `Tii Gavo 2nd Addition', creating eight lots located on outlots I, J, and K of the Tii Gavo subdivision; and WHEREAS, the property is legally described as follows: All that part of Government Lot 2, Section 33, Township 32 North, Range 20 West, Washington County, Minnesota which lies westerly of the following described line: Commencing at the northeast corner of said Section 33; thence North 89 degrees 25 minutes 27 seconds West, bearings are oriented to the Washington County Coordinate System, NAD 83, along the north line of said Section 33, a distance of 1610.52 feet to the point of beginning of said described line; thence South 12 degrees 56 minutes 27 seconds East, a distance of 615 feet more or less to the shoreline of Big Marine Lake and said described line there terminating. AND Government Lot 4, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota. AND Government Lot 5, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota. G That part of Government Lot 6, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota, lying Westerly ofthe center line of Newgate Avenue North. CC Resolution No.: 2022-35 Page 2 of 3 AND That part of Government Lot 7, Section 28, Township 32 North, Range 20 West, Washington County, Minnesota, lying Westerly of the center line of Newgate Avenue North and lying Southerly of the following described line: Commencing at the Northwest corner of said Government Lot 7; thence on an azimuth from South 179 degrees 18 minutes 23 seconds, oriented to the Washington County Coordinate System, North Zone, along the West line of said Government Lot 7, a distance of 780.18 feet; thence on an azimuth of 101 degrees 57 minutes 18 seconds deflecting to the left 77 degrees 21 minutes 05 seconds) a distance of 860.92 feet to a point; side point being on the center line of Newgate Avenue North; thence on an azimuth of 207 degrees 23 minutes 17 seconds, along said center line, a distance of 300.00 feet to the point of beginning of the line to be described; thence on an azimuth of 284 degrees 07 minutes 16 seconds a distance of 722.83 feet to a point on the West line of said Government Lot 7 distant 1045.56 feet South of said Northwest corner of Government Lot 7 and said line there terminating; and WHEREAS, the Scandia City Council approved the Final Plat and Conditional Use Permit for Tii Gavo on June 5, 2007, with conditions; and WHEREAS, the Planning Commission reviewed the request for a Preliminary Plat for a Major Subdivision, Variance from setback requirements from a Natural Environment Lake, and an amendment to the previously approved Conditional Use Permit for the Tii Gavo subdivision at a duly noticed Public Hearing on July 5, 2022, and recommended that the City Council approve the request with conditions on August 2, 2022; and WHEREAS, the Scandia City Council approved the Preliminary Plat, Variance, and an amendment to the previously approved Conditional Use Permit for Tii Gavo on August 16, 2022, with conditions; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of for a Final Plat for a Major Subdivision, Tii Gavo 2nd Addition. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: 1. The applicant is permitted to create eight lots, as shown on the plans submitted to the city and reviewed with this request. 2. The proposed eight lots shall adhere to the setback requirements as approved with the Preliminary Plat. 3. The applicant shall acquire any required permits from the watershed district, and comply with their requirements. CC Resolution No.: 2022-35 Page 3 of 3 4. The applicant shall address the comments from the City Engineer in the letter dated October 3, 2022. 5. The applicant shall update the current Development Agreement and Conservation Easement to include the proposed improvements for Tii Gavo 2"d Addition. a. No permits shall be issued until the Development Agreement is signed and approved by the City Council, and financial securities are received. 6. All other requirements of the existing Conditional Use Permit shall remain in full force and effect. 7. The applicant shall secure any other applicable Federal, State, County, and local permits required for the project. 8. The applicant shall pay all fees and escrows associated with this application. Adopted by the Scandia City Council this 18th day of October, 2022. Christine Maefsky, Mayor ATTEST: en Canunille t City Administrator 963. 9963. 7TOP962. 6TOP962. 7962. 7961. 6TOP960. 8TOP961. 8961. 6961. 5TOP956. 20APRON- RCP957. 32CB- FL957.71TC- SURM957. 11CB- FL957. 37TC-SURM957. 32TC957. 42TC957. 52TC957. 21CB-FL956. 72CB- FL955.12APRON957. 69TC957. 5957. 6957. 5957. 3956.8956.5956. 1955. 7955. 8956. 2956.3956.3956.4957. 1957.8959.9959.82TC959. 61GL959. 67TC- EBIT957. 88TC957. 62TC957. 45TC958. 14TC958. 65TC958. 38GL958. 5958. 6958. 43GL958. 43TC958. 6958. 7958. 6TOP957. 9TOP957. 8957. 2956. 9956. 4956. 1955. 5956. 9957. 7959. 6959.4TOP959.6959.5958.7TOP950.92FES959. 0TOP960.1960.3960.2TOP961.5TOP961. 6961. 5960.5TOP963.8TOP964.2963. 9963. 7TOP966. 5TOP966. 7966.8966.3TOP966.6TOP967.6967. 7967.4TOP967.9TOP967.8967.5967.1TOP965. 9TOP966. 4966. 6966. 4TOP965. 1TOP965. 1965. 0960. 6TOP960. 6960. 9960. 4TOP959. 3TOP959. 8959. 7959. 3TOP953. 2953.4953. 8953.6953. 4953.3953. 5953.7953.4953. 6953. 7953.4953. 3LATH955. 4LATH965. 7LATH968. 8LATH965.0LATH960.3LATH952. 9953. 2953.1953. 1952.7953. 0953.8954. 2953. 7953. 5953.0952. 49LATH947. 1947. 2947. 2947. 8947.2947. 1946.9959.0TOP958. 0TOP957. 8TOP956. 6TOP957. 1TOP957. 9TOP959. 3TOP947. 5947. 6947. 8945. 5947. 4945. 8945. 4944. 9945. 1946.3945.2945.6945.7946. 5946.8946.6945.4945. 5945.5946.1946.1945. 0945.2945. 1946. 0945. 3945. 6945. 4945. 4943. 4970968970968970968966964962960968 9 6 6 954 956 958 9569549569569549569589549609 6 0 9589 5 6 9 5 4966 9529509489449469429409569549529509509589569 4 6 946 948950948952954956958 MINNESOTA DNRPROTECTED WATERS 82-52PWETLAND AREA 82-70WF E M A F L O O D Z O N E A E F E M AFLO 35+0035+26EP: 35+26 3 7OVERFLOW 955. 0( FIELD VERIFY POSITIVE FLOW)TOP BERM 955. 5INFILTRATION BASIN BS- 01BOTTOM 954. 0VOLUME = 16,500 SF955 95 4 955CHECK FOR UNSUITABLESOILSANDSEDIMENTWITHIN INFILTRATION BASINFOOTPRINT - REMOVE AND REPLACEWITH MATERIAL SUITABLE FORINFILTRATION ( AS DETERMINED BY AGEOTECHNICAL ENGINEER) 953. 8953. 6953. 4953. 3953.5953.3LATH947. 8948. 1947.7947. 3947.5947. 5947. 4947. 5947. 6947. 8945. 0944. 9945. 1945. 3945. 5947. 4945.8945.4944.9945. 1946. 39569549569549529509509589569529 4 0 942 944948946956.8PT27 4 9 0 6 41BLOCK 22+00 3+004+00 4+71( W OGARAGE (EXAMPLE FOOTPRINTONLY -CUSTOMGRADEDLOT)(W. O GAR A G E (EXAMPLE FOOTPRINTONLY - CUSTOM GRADED LOT)13'BIT. SHARED PRIVATE DRIVEHOUS E HOUSEBLDS B BLDS B BLDS B BLDSB B L D S B BLDSB BLDSBBLDSBBLDSBBLDSBBLDSBBLDSBBLDSBBLD S B BLDSB BLDSBBLDSBBLDSBBLDSBBLDSBBLDSBBLDSBBLDS B BLDS B INFILTRATION BASIN 6BOTTOM 949.0OE 950.25HWL 950.3INFILTRATION BASIN 5BOTTOM 954. 0OE 954.5HWL 954.6WETLAND 1TOP BERM 956.3OVERFLOW 955.3TOP BERM 950. 8OVERFLOW 950.25OVERFLOW 954. 5TOP BERM 955.0949950954950951 950 952954 954 9 5495