HomeMy WebLinkAboutCity Council - 12/27/1983 EDEN PRAIRIE
CITY COUNCIL AGENDA
t -SDAY, DECEMBER 27, 1983 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Richard Anderson,
George Bentley, Paul Redpath and George
Tangen
CITY COUNCIL STAFF: City Manager Carl J. Jullie; City Attorney
Roger Pauly; Finance Director John Frane;
Planning_Director Chris Enger; Director
of Community Services Robert Lambert;
Director of Public Works Eugene A. Dietz,
and Recording Secretary Karen Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. PUBLIC HEARINGS
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A. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF
S+6,000,000 00 FOR EDEN PRAIRIE HOTEL COMPANY (Resolution No. 83-310)
III. ORDINANCES & RESOLUTIONS
A. Resolution No. 83-311, amending the 1983 City Budget
B. 2nd Reading of Ordinance No. 57-83, Rezoning. from C-Regionalto C_Regional
Service of approximately 3! acres for a hotel and approval of Developer's
Ayreeient for Hustad Developrent Corporation & Eden Prairie Hotel
Company. Location: southeast quadrant of Hwy, 5/U.S. 169 & I-494
IV. REPORTS OF OFFICERS, BDARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
C. Report of Finance Director
1. Clerk's License List - Olympic Hills Club License and Chester's
Liquor License (continued from December 20, 1983)
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2. City Depository for 1984
V. ND,' BUSINESS
VI. ADJOURNMENT.
TO: Mayor and Council
FROM: John Frane.
DATE: December 23, 1983
RE: Public Hearing and Final Resolution (83-310)
• " for Eden Prairie Hotel Company - $6,000,000.
The project does not need a preliminary resolution. The.proceedure
tonight will be to hold a public hearing on the project, close the
hearing, and then to consider the final resolution (83-310).
The estimated cost of the project is 47,000,000; the applicant
will lease the project to Brock Residence Inns, Inc. The bond
issue will be up to $6,000,000 and will be a public offering
collateralized by U. S. Government Agency or U. S. Government
Securities. .
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CITY OF EDEN PRAIRIE, MINNESOTA
. - NM/ cation for •
Industrial Development Bond Project Financing
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1. APPLICANT:
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R. Business Name - Eden Prairie Hotel Company ?
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' b. Business Address - 780 North Water Street '
Milwaukee, Wisconsin 53202 •
c. ' Business Form (corporation, partnership,
sole proprietor-
ship, etc.) - Limited Partnership
d. State of Incorporation or organization - Minnesota
e. Authorized Representative - Kenneth E. Nelson - General Partner
Helge Krist Lee - Attorney
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f. phone (316) 684-7202 (Kenneth E. Nelson)
, (414) 273-3500 (Helge Krist Lee)
2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS:
a. Kenneth E. Nelson cio Helge Krist Lee
168 South Dellrose Avenue OR 780 North Water Street
Wichita, Kansas 67218 Milwaukee, Wisconsin 53202
b. Terry Vogt
705 Mulberry '
Weatherford, Oklahoma 73096
C. Mitch Anderson
1030 North State
Suite 44L
Chicago, Illinois 60610
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3. GIVE BRIEF DESCRIPTION OF-1 ATURE OF BUSINESS, PRINCIPAL
' 'PRODUCTS, INC: Real EstateDevelopment; in particular, the
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development and leasing of the Project described below.
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• 4. DESCRIPTION OF PROJECT Construction and equipping of a 128
unit, all suite hotel to be owned by the Applicant and leased
to Brock Residence Inns, Inc.
a. Location and intended use: Intersection of Interstate Highway
494 and State Highway 169 in the City of Eden Prairie, Minnesota.
b. Present ownership of project site: Project Site presently owned
by Wallace H. and Ruth K. Hustad who have agreed, pursuant to an•
accepted Offer to Purchase, to sell the Project Site tothe Applicant:':!
c. Names and address of architect, engineer, and gener
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contractor:
5. ESTIMATED PROJECT COST FOR:
Land $ 656,000
Construction Contracts 3,812,000
Equipment Acquisition and installation* 1,024,000
Architectural,aaei Engineering and Legal 2.00,000 •
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Interest during Construction 540,000
Bond Reserve -0-
-0-
Contingencies ,1-0000
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ypoaut�`eesc Bond Discount 150000
Other
Total
$ 7,000,000
*Heating and air conditioning should be included as building costs.
Indicate the kind of equipment to be acquired here.
A
6. BOND ISSUE.-1
a. Amount of proposed bond issue - $6,000,000
• b. Proposed date of sale of bond - On or before December 30, 1983.
c. Length of bond issue and proposed maturities - Ten year term.
d. Proposed original purchaser of bonds - Miller & Schroeder
Municipals, Inc.
e. Name and address of suggested trustee - First Trust Company
of St. Paul.
f. Copy of any agreement between Applicant and original
purchaser - See proposed form of Bond Purchase Agreement
attached hereto. •
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g. Describe any interim financing sought or available - None.
h. Describe nature and amount of any permanent financing
in addition to bond financing - None.
?. BUSINESS PROFILE OF APPLICANT.
a. Are you located in the City of Eden Prairie?
Project will be located in the City of Eden Prairie.
b. Number of employees in Eden Prairie?
i. Before this project: None.
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ii. After this project? 22.
c. Approximate annual sales -
d. Length of time in business In organization phase at the
present time.
in Eden Prairie Same as above.
e. Do you have plants in other locations? If so, where?
None.
f. Are you engaged in international trade?
No.
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8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S):
a. List the name(s) and location(s) of other industrial
development project(s) in which the Applicant is the
owner or a "substantial user" of the facilities or a
"releated person" within the meaning of Section 103(b)(6)
of the Internal Revenue Code.
None.
-.012)
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b. List all cities in which the Applicant has requested
industrTal revenue jlpvelopment.financing.
None. •
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c. Detail the status of any request the Applicant has before
any other city for industrial development revenue financing.
N/A
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d. List any city in which the Applicant has been refused
• industrial development revenue financing.
None. •
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e. List any city (and the project name) where the Applicant
has acquired preliminary approval to proceed but in which
final approval authorizing the financing has been denied.
None.
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I. If Applicant has been denied industrial
ideveldevelopment
revenue financing in any other c, as
in (d) or (e), specify the reason(s) for the denial
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and the name(s) of appropriate city officials who .
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have knowledge of the transaction.
N/A
g. NAMES AND ADDRESS OF:
a. Underwriter (It public offering)
Miller & Schroeder Municipals, Inc.
b. Private Placement Purchaser (If private placement)
None.
i. If lender will not commit until City has
' passed its preliminary resolution approving
the project, submit a letter from proposed
lender that it has an interest in the
offering subject to appropriate City
approval and approval of the Commissioner
of Securities.
Submitted prior hereto.
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b. Bond Counsel - Holmes & Graven, Chartered (John Utley)
c. Corporate Counsel - Godfrey & Kahn, S.C. (Helge Krist Lee)
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d. Accountant -
Not yet selected.
10. WHAT IS YOUR TARGET DATE FOR:
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a. Construction start -• June 1, 1984
b. Construction completion - March 1, 1985
FOR FURTHER INFORMATION CONTACT:
The undersigned Applicant understands that the approval or
disapproval by the City of Eden Prairie for Industrial
Development bond financing does not expressly or impliedly
constitute any approval, variance, or waiver of any provision
or requirement relating to any zoning, building, or other rule
or ordinance of the City of Eden Prairie, or any other law
applicable to the property included in this project.
EDEN PRAIRIE HOTEL COMPANY
Applicant
By enneth E. Nelson, General Partner
December go , 1983
Date
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RESOLUTION NO. 43'.J/
AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY OF
EDEN PRAIRIE, MINNESOTA, COLLATERALIZED COMMERCIAL
DEVELOPMENT REVENUE BONDS(RESIDENCE INN PROJECT), WHICH BONDS
AND THE INTEREST AND ANY PREMIUM THEREON SHALL BE PAYABLE
SOLELY FROM THE REVENUES DERIVED FROM THE LOAN AGREEMENT(THE
"LOAN AGREEMENT"); APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF THE INDENTURE OF TRUST, THE LOAN
AGREEMENT, THE COLLATERAL AGREEMENT, AND THE BOND PURCHASE '
AGREEMENT; APPROVING CERTAIN OTHER DOCUMENTS AND AUTHORIZING •'
• EXECUTION OF CERTAIN DOCUMENTS; APPROVING THE FORM OF AND n
AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS; AND ,
PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES OF THE HOLDERS
OF SAID BONDS.
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WHEREAS, the purpose of the Minnesota Municipal Industrial Development
• Act, Minnesota Statutes, Chapter 474, as amended (the "Act"), as found and
determined by the Legislature of the State of Minnesota,is to promote the welfare .
of the State of Minnesota by the active attraction, encouragement, and develop-
ment of economically sound industry and commerce to prevent so far as possible
tfie emergence of blighted and marginal lands and areas of chronic unemployment,
and for this purpose the State of Minnesota has encouraged action by local
governmental units;and 7
WHEREAS, factors necessitating the active promotion and development of r .
economically sound industry and commerce, as found and determined by the
Legislature of the State of Minnesota, are the increasing concentration of
population in urban and metropolitan areas, the rapidly rising increase in the
amount and cost of governmental services required to meet the needs of the a
increased population, and the need for development and use of land which will
provide an adequate tax base to finance these increased costs;and •
WHEREAS, the City is authorized by the Act to enter into a revenue
agreement with any person, firm, or public or private corporation or federal or
state governmental subdivision or agency in such manner that payments required
thereby to be made by the contracting party shall be fixed,and revised from time
to time as necessary,so as to produce income and revenue sufficient to provide for
the prompt payment of principal of and interest on all bonds issued under the Act
when due, and the revenue agreement shall also provide that the contracting party
shall be required to pay all expenses of the operation and maintenance of the .. i
project including, without limitation, adequate insurance thereon and insurance
against all liability for injury to persons or property arising from the operation i
thereof, and all taxes and special assessments levied upon or with respect to the
project and payable during the term of the revenue agreement;and
WHEREAS, the Act further authorizes the City to issue revenue bonds, in
anticipation of the collection of revenues of a project, to finance, in whole or in •
part, the cost of acquisition, construction, reconstruction, improvement, better •
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ment,or extension of such project;and
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WHEREAS, the City has received from Eden Prairie Hotel Company, a
Limited Partnership (the "Developer"), a proposal that the City finance a project
for purposes consistent with the Act, said project to consist of the acquisition,
construction and installation of a hotel facility(the"Project")in the City;and
WHEREAS, the City proposes to finance the acquisition, construction and
installation of the Project pursuant to authority conferred by the Act through the
issuance of the Bonds,as hereinafter defined;and
WHEREAS, Miller do Schroeder Municipals, Inc. (the "Underwriter")proposes
to purchase said Bonds;and
WHEREAS, issuance of the Bonds is contingent upon approval of the Project
by the Minnesota Energy and Economic Development Authority as required by
Section 474.01,subdivision 7a,of the Act;and
WHEREAS,said Bonds issued under this resolution will be secured by a pledge
and assignment of the Loan Agreement,as hereinafter defined,and of the revenues
• derived by the City from the Loan Agreement, and said Bonds and the interest on
said Bonds shall be payable solely from the revenue pledged therefor and the Bonds
shall not constitute a debt of the City within the meaning of any constitutional,
charter, or statutory limitation nor shall constitute nor give rise to a pecuniary
liability of the City or a charge against its general credit or taxing powers and
shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any
property of the City other than its interest in the Loan Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDEN PRAIRIE:
1. That for the purpose of financing the acquisition and construction of
the Project there is hereby authorized the issuance, sale, and delivery of revenue
bonds in the aggregate principal amount of$6,000,000 to be designated the City of
Eden Prairie, Minnesota, Collateralized Commercial Development Revenue Bonds
(Residence Inn Project) (the "Bonds") to the Underwriter. The Bonds shall be in
such denomination, shall be numbered, and shall be dated, shall be subject to
redemption prior to maturity, shall be in such form, and shall have such other
details and provisions as are prescribed in the Indenture of Trust dated as of the •
date of the Bonds (thc "Indenture") between the City and First Trust Company of
Saint Paul, in St. Paul, Minnesota as trustee(the "Trustee"). The City Manager is
hereby authorized to perform the duties and functions of the City identified in the
Indenture.
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2. That the Bonds shall not be general obligations but shall be special
limited obligations of the City payable solely from the revenues derived from the
Loan Agreement dated as of the date of the Bonds, and executed by the City,
Peoples Savings and Loan Association, F.A. ("Peoples"), and the Trustee (the Loan
Agreement') and the Collateral Agreement dated as of the date of the Bonds,and
executed by Peoples and the Trustee (the "Collateral Agreement") in the manner
provided in the Indenture. The Bonds shall be secured by the Indenture. The
Mayor, or any members of the City Council (hereinafter referred to as the
"Mayor"), City Manager, and City Clerk of the City are hereby authorized and
directed to execute the Bonds in accordance with the Indenture.
3. That the Loan Agreement, the Indenture,the Collateral Agreement and
the Bond Purchase Agreement, dated as of the date of this resolution, by and
between the City, the Developer, Peoples, and the Underwriter (the "Bond
Purchase Agreement")are hereby approved, including the provisions relating to the
indemnification of the City. The Mayor, City Clerk,and City Manager of the City
are hereby authorized and directed to execute and deliver the Loan Agreement, the
Indenture, and the Bond Purchase Agreement,substantially in the forms now on file
with the City, with such necessary and appropriate omissions, modifications,
Insertions, and additions as are not materially inconsistent with the form on file
with the City, consistent with the Act,as the City Manager in his discretion shall
determine. The execution of the Loan Agreement, the Indenture, and the Bond
Purchase Agreement by the City Manager with the advice of the City Attorney
shall be conclusive evidence of such determination. All of the provisions of the
Loan Agreement, the Indenture, the Collateral Agreement, and the Bond Purchase
Agreement when executed and delivered as authorized herein, shall be deemed to
be a part of this resolution as fully and to the same extent as if
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incorporated herein and shall be in fuhliorce and effect from the date of execution
and delivery thereof.
4. That the Mayor, City Clerk,and City Manager of the City are hereby
authorized to execute and deliver, on behalf of the City, such other documents as
are necessary or appropriate in connection with the issuance,sale,and delivery of
the Bonds, including the election required to be made by the City pursuant to
Section 103(b)(6)(D)of the Internal Revenue Code of 1954,as amended,and Section
1.103-10(b)(2)(vi)of the Regulations promulgated pursuant thereto.
5. That all covenants, stipulations, obligations, and agreements of the
• City contained in this resolution and the aforementioned documents shall be •
deemed to be the covenants, stipulations, obligations, and agreements of the City
to the full extent authorized or permitted by law, and all such covenants,
stipulations, obligations, and agreements shall be binding upon the City upon
execution and delivery of such documents. Except as otherwise provided in this
resolution, all rights, powers, and privileges conferred and duties and liabilities
imposed upon the City or its officers by the provisions of this resolution or of the
aforementioned documents to be executed and delivered by the City shall be
exercised or performed by the City or by such officers of the City, or such board,
body, or agency thereof as may be required by law to exercise such powers and to
perform such duties. •
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No covenant, stipulation, obligation, or agreement herein contained or r'
contained in the aforementioned documents shall be deemed to be a covenant,
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stipulation, obligation, or agreement of any member of the City Council of the
City, or any officer, agent or employee of the City in that person's individual •
capacity, and neither the City Council of the City nor any officer executing the
Bonds shall be liable personally on the Bonds or be subject to any personal liability
or accountability by reason of the issuance thereof.
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8. That except as herein otherwise expressly provided, nothing in this
resolution or in the aforementioned documents expressed or implied, is intended or
shall be construed to confer upon any person or firm or corporation,other than the
City,Peoples,the Developer or any holder of the Bonds issued under the provisions
of this resolution, any right, remedy or claim, legal or equitable, under and by
reason of this resolution or any provision hereof, this resolution, the
aforementioned documents and all of their provisions being intended to be and
being for the sole and exclusive benefit of the City, the Developer, Peoples, and
any holder from time to time of the Bonds issued under the provisions of this
resolution. The City reserves the right to withhold execution and delivery of all
such documents in the event the City Manager and the City Attorney are not
satisfied as to the form and content of such documents or any other material
aspect of the above referenced issue.
7. That in case any one or more of the provisions of this resolution(except
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any provision limiting the City's liability under the Bonds), or of the
aforementioned documents (except any provision limiting the City's liability under
the Bonds), or of the Bonds issued hereunder (except any provision limiting the
City's liability under the Bonds)shall for any reason be held to be illegal or invalid,
such illegality or invalidity shall not affect any other provision of this resolution,
or of the aforementioned documents, or of the Bonds, but this resolution, the
aforementioned documents and the Bonds shall be construed and endorsed as if such
illegal or invalid provision had not been contained therein.
8. That the Bonds shall contain a recital that they are issued pursuant to •
the Act, and such recital shall be conclusive evidence of the validity of the Bonds
and the regularity of the issuance thereof,and that all acts, conditions, and things
required by the laws of the State of Minnesota relating to the adoption of this Ar
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resolution, to the issuance of the Bonds, and to the execution of the
aforementioned documents to happen,exist,and be performed precedent to and in
the enactment of this resolution, and precedent to issuance of the Bonds, and
precedent to the execution of the aforementioned documents have happened, exist,
and have been performed as so required by law.
9. That the officers and other agents or employees of the City are i
hereby authorized to do all acts and things required of them by or in connection
with this resolution, the aforementioned documents, and the Bonds for the full,
punctual, and complete performance of all the terms, covenants, and agreements
• contained in the Bonds,the aforementioned documents,and this resolution.
10. That the City Manager, or in his absence, the designee of the City .
Manager, is hereby designated as City Representative for the purpose of taking all
actions and doing all things required to be taken or done by the City
Representative pursuant to the aforementioned documents.
11. That in the event any of the officers of the City authorized to
execute documents on behalf of the City under this resolution shall for any reason
be unable to do so, any other officer of the City authorized to act for such
designated officer is hereby directed and authorized to do so on behalf
of the City with the same effect as if executed by the officer authorized to do so
in this resolution.
12. All actions of the members, employees,and staff of the City Council
heretofore taken in furtherance of the Project are hereby approved, ratified and
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confirmed.
13. The Mayor, City Clerk, and City Manager of the City, and other
officers of the City are authorized and directed to prepare and furnish with regard
to the issuance of the Bonds, certified copies of all proceedings and records of the
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City relating to the Bonds and such other affidavits and certificates(including but
not limited to those required by the Bond Purchase Agreement)as may be required
to show the facts relating to the legality, tax exemption,and marketability of the
Bonds as such facts appear from the books and records in said officers custody and
control or as otherwise known to them; and all such certified copies, certificates,
and affidavits,including any heretofore furnished, shall constitute representations
of the City as to the truth of all statements made by the City and contained
therein.
14. The Trustee is hereby appointed authenticating agent with respect to
the Bonds pursuant to Minnesota Statutes, Section 475.55, and paying agent with
respect to the Bonds pursuant to Minnesota Statutes,Section 475.553. The Trustee
is hereby directed to accept as additional security for the Bonds such other
documents and instruments as shall be provided to it by the Developer or Peoples
or any other person or entity. If so required thereof the Trustee is hereby
authorized to become a party to such documents and instruments and to take all
necessary and appropriate actions thereto as required by a party to such documents
and instruments.
15. The issuance of the Bonds and the transactions contemplated thereby
are hereby found to be consistent with the procedures of the City established for
such undertakings and, in the event of any inconsistencies, strict compliance with
such procedures is hereby waived.
16. The City hereby authorizes the Mayor and City Manager to consent
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to the circulation of the Preliminary Official Statement and the Official Statement
to be prepared by the Underwriter in connection with the sale and delivery of the
Bonds.
EIP
17. Issuance of the Bonds scant to this Resolution and the Identure is
expressly contingent upon approval of the Project by the Minnesota Energy and
Economic Development Authority.
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Adopted by the City Council December 27,1983.
Attest:
Mayor
City Clerk
Reviewed for administration: Approved as to form and legality:
City Manager City Attorney
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TO: Mayor and City Council
FROM: John D. Frane, Finance Director
DATE: December 23, 1983
RE: 1983 Budget Adjustments - Resolution No. 83-311
Revenue + $99,000 - Building Permits
Expenditures + $13,000 - Hall remodeling
+ $22,000 - New Hall Roof
+ $29,000 - Legal - Criminal
+ $35,000 - Legal - Landfill
JDF:bw
12/23/83
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TO: Mayor and City Council
FROM: John D. Frane,Finance Director
DATE: December 23, 1983
RE: Clerk's License Fees
We checked the golf club license fees in six communities:
1 charges $100
1 charges $500
3 charge based on memberships
1 has a regular on-sale license
JDF:bw
12/23/83
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Brock Residence Inn
CITY"OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA •
ORDINANCE NO. 57-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND °'
IN EACH DISTRICT, AND, ADOPTING 8Y REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 •
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance a .
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the C-Reg Oistrict and be placed in the C-Reg-Ser District.
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Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the C-Reg District and shall be included hereafter in the '
C-Reg-Ser District, and the legal descriptions of land in each District referred to •
in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are
amended accordingly. •
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their •
entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of , entered into
between Eden Prairie Hotel Company, a general partnership, and the City of Eden 4`
Prairie, and that certain Owner's Supplement to Developer's Agreement, between Wally •
J. and Ruth Hustad, husband and wife, and the City of Eden Prairie, dated as of
, which Agreement and Owner's Supplement are hereby made a
part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 20th day of December, 1983, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the day of
ATTEST:
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John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
Brock Residence Hotel
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DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1983 by
and between EDEN PRAIRIE HDTEL CDMPANY, a general partnership, hereinafter referred
to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter`,
referred to as "City,"
WITNESSETH:
WHEREAS, Developer has applied to City to develop 4.33acres of land for a
8rock Residence Hotel to contain 128 rooms, located in the southeast quadrant of
T.H. 5/U.S. 169-212 and I-494, situated in Hennepin County, State of Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and
hereinafter referred to as "the property," and;
NOW, THEREFORE, in consideration of the City adopting Drdinance f57-83, Develope.l
covenants and agrees to construction upon, development, and maintenance of said
property as follows:
1. Developer shall plat and develop the property in conformance with
the plans dated December 15, 1983, reviewed and approved by the City
Council on December 2D, 1983, and attached hereto as Exhibit 8, subject
to such changes and modifications as provided herein. Developer shall
not develop, construct upon or maintain the property in any other
respect or manner than provided herein.
2. Developer covenants and agrees to the performance and observance by
Developer at such times and in such manner as provided therein of all
of the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
3. Developer shall submit a complete application for site plan review
with such information and following the procedures as required for a
rezoning application in the City Code and an application for a
preliminary plat within 60 days of the date hereof.
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4. All building structures to be constructed upon the property, shall
have exterior material of brick or comparable material as determined
by City Council,
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IN WITNESS WHEREOF, the parties to this Agreement have caused these presents
to be executed as, of the day and year aforesaid.
CITY OF EDEN PRAIRIE
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Wolfgang H. Penzel, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA )
)SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager, of
the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said
corporation.
Notary Public
Developer's Agreement-Broc-IrResidence Hotel page 3
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. EDEN PRAIRIE HOTEL COMPANY
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Mitt lderson, lim ted partner
STATE OF MINNESOTA)
SS.
• COUNTY OF HENNEPIN
•T foregoing instrument was acknowledged before me this day of
ee+i 1 , 1983 by Mitchell A. Anderson, partner, on behalf
o the Eden Prairie Hotel Company, a general partnership.
ieKATE KARNAS Pef-vA'4- -..11 iC
NOTARY P UIIC-MI NESOTA
HENNEPIN COUNTY
MY commission empire, Apr.d,HIP
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EXHIBIT A
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OWNER'S SUPPLEMENT
TO
DEVELOPER'S AGREEMENT
BETWEEN
EDEN PRAIRIE HOTEL COMPANY
AND THE
CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of l 7 , 1983, by
• and between Wally H. Hustad and Ruth Hustad, husband and wife, as joint tenants,
hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter
referred to as "City:"
For and in consideration of, and to induce, City to adopt Ordinance #57-83
changing the zoning of the property owned by Owner from C-Reg to C-Reg-Ser as more
fully described in that certain Developer's Agreement entered into as of 2.7 IL ,
1983, by and between Eden Prairie's Hotel Company, a general partnership, and City,
Owners agree with the City as follows:
1. If Eden Prairie's Hotel Company fails to proceed in accordance
with the Developer's Agreement within 6 months of the date
hereof, Owner shall not oppose the rezoning of the property to
C-Reg.
2. This Agreement shall be binding upon and enforceable against
Owner, their successors, heirs, and assigns of the property.
3. If the Owner transfer such property, owners shall obtain an
agreement from the transferree requiring that such transferee
agree to the terms of the Developer's Agreement.
a ly us ad
e- .J_V71//e.d,e4-7,
RuthOustad
STATE OF MINNESOTA ) - -
) SS.
COUNTY OF HENNEPIN )
g.
The foregoing instrument was acknowledged before me this a7 day of
/,Q.lr r,,,,,SeL. ,1983.
s. ....-..,-tr.
Linda 0.Perry
l,'t;;r; Meee,Ne Geary 04
M/G�•Nwe Enim Mir.00,1110 Notar Pub l C
1
CITY
•
Wolfgang H. Penzel, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
, 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie,
the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of
the corporation.
Notary Public
Brock Residence Inn
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-312
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 57-83 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 57-83 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the day of
, 1983;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 57-83, which is
attached hereto, is approved, and the City Council finds that said
text clearly informs the public of the intent and effect of said
ordinance.
B. That said text shall be published once in the Eden Prairie News in a
body type no smaller than brevier or eight-point type, as defined in
Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall be made available for
inspection by any person during regular office hours at the office
of the City Clerk and a copy of the entire text of the Ordinance
shall be posted in the City Hall.
D. That Ordinance No. 57-83 shall be recorded in the ordinance book,
along with proof of publication required by paragraph B herein,
within 20 days after said publication.
ADOPTED by the City Council on , 1983. i ..
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Brock Residence Inn
The following is the full text of the City of Eden Prairie Ordinance No. 57-83,
which was adopted and ordered published at a regular meeting of the City Council of
the City of Eden Prairie on , 1983. Following the text of the
Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of
the Ordinance, is summarized.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 57-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be .
removed from the C-Reg District and be placed in the C-Reg-Ser District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the C-Reg District and shall be included hereafter in the
C-Reg-Ser District, and the legal descriptions of land in each District referred to
in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are
amended accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their 7
entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of , entered into
between Eden Prairie Hotel Company, a general partnership, and the City of Eden
Prairie, and that certain Owner's Supplement to Developer's Agreement, between Wally a.
J. and Ruth Hustad, husband and wife, and the City of Eden Prairie, dated as of
, which Agreement and Owner's Supplement are hereby made a
part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden �.
Prairie on the 20th day of December, 1983, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the day of
ATTEST:
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
•
Summary of Developer's Agreement: Brock Residence Inn
Developer will develop the land as described in Exhibit A which is attached
to and incorporated in the Developer's Agreement. In addition, the Developer's •
Agreement provides for:
1. Submission of plans regarding sewer, water, and drainage to Engineering
Department.
2. Submission to the City Engineer of a development Plan for the land.
3. Submission to Watershed District of storm sewer construction plans.
Developer to follow the rules and regulations of said Watershed District.
4. Developer's warranty of title to the land.
5. Construction and maintenance of public improvements which are to be conveyed
to the City as well as preservation and restoration of areas surrounding
said improvements. Submission of a bond or letter of credit to ensure the
quality of said construction, maintenance, preservation, and restoration.
6. Rough grading to be performed by the Developer for improvements which the
City will construct pursuant to 100% petition of all owners of the land.
Submission of a bond or letter of credit for the rough grading.
7. Payment of first three (3) years' street lighting, engineering review, and
street signs costs.
8. Developer's commitment not to oppose rezoning if Developer fails to proceed
in accordance with the Developer's Agreement within 6 (six) months.
•
9. Application of the Developer's Agreement to transferees of the land.
10. City's remedies in the event that Developer violates the provisions of the
Developer's Agreement.
11. Notice to the City's cable franchise.
12. Developer shall submit a complete application for site plan review with such
information and following the procedures as required for a rezoning
application in the City Code and an application for a preliminary plat
within 60 (sixty) days of the date hereof.
NOTICE: A printed copy of this ordinance is available for inspection by any person
during regular office hours at the office of the City Clerk.
ADOPTED by the Eden Prairie City Council on , 1983.
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-313
A RESOLUTION APPROVING FINAL PLAT OF
TIMBER LAKES TOWNHOMES 3rd ADDITION
WHEREAS, the plat of Timber Lakes Townhomes 3rd Addition has been submitted
in the manner required for platting land under the Eden Prairie Ordinance Code
and under Chapter 462 of the Minnesota Statutes and all proceedings have been
duly had thereunder, and
WHEREAS, a plat titled Timber Lakes Townhomes 3rd Addition was previously
approved on May 4, 1982, (Resolution No. 82-98), but was not recorded, and
WHEREAS, said revised plat is in all respects consistent with the original
plat approved, City plan and the regulations and requirements of the laws of the
State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. Resolution No. 82-98 is hereby rescinded.
B. Plat Approval Request for Timber Lakes Townhomes 3rd Addition is approved
upon compliance with the recommendation of the City Engineer's Report on
this plat dated April 27, 1982.
C. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1
waiving the six month maximum time elapse between the approval date of
the preliminary plat and filing of the final plat as described in said
Engineer's Report.
D. That the City Clerk is hereby directed to file a certified copy of this
Resolution in the office of the Register of Deeds and/or Registrar of
Titles for their use as required by MSA 462.358, Subd. 3.
E. That the City Clerk is hereby directed to supply a certified copy of
this Resolution to the owners and subdividers of the above named plat.
F. That the Mayor and City Manager are hereby authorized to execute the
certificate of approval on behalf of the City Council upon compliance
with the foregoing provisions.
ADOPTED by the City Council on December 27, 1983.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D Frane, Clerk
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and City Council Members
THROUGH: Carl Jullie, City Manager
Eugene A. Dietz, Director of Public Works
FROM: David Olson, Engineering Technician .), e
DATE: December 23, 1983
SUBJECT: Timber Lakes Townhomes 3rd Addition
PROPOSAL:
The developer, Richard Miller Homes Inc., is requesting final plat
approval of the Timber Lakes Townhomes 3rd Addition. This is a 6
unit townhome addition (RM 6.5) located east of Timber Lakes Drive
and is a replat of part of Outlot B, Timber Lakes, in the north ;i
of Section 17. Outlot A will be replatted at a later date.
HISTORY:
The revised Mitchell Lake PUD 75-04 (now known as Timber Lakes) was
approved by the City Council on December 2, 1975, through Resolution #1065.
The preliminary plat was approved by the City Council on May 2, 1978,
per Resolution #78-89.
Zoning to RM 6.5 was finally read and approved by the City Council on
May 21, 1976, per Ordinance #326. •
The final plat submitted for approval conforms with the approved preliminary
plat.
VARIANCES:
A variance from the requirements of Ordinance #93, Sec. 8, Subd. 1,
waiving the six month maximum time elapse between the approval date of
the preliminary plat and filing of the final plat will be necessary.
All other variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS:
All utilities and streets installed in conjunction with this plat will be
owned and maintained by the Timber Lakes Homeowners Association.
PARK DEDICATION:
As required through the Rezoning Agreement executed May 21, 1976, a cash
contribution in lieu of land in the amount of $250 per living unit will
be paid by the developer upon issuance of building permits.
Pg 2 - Final plat Timber Lakes Townhomes 3rd
BONDING:
All utilities and streets within this plat will be privately owned and
maintained; therefore, bonding will not be required.
RECOMMENDATION:
Recommend approval of the final plat of Timber Lakes Townhomes 3rd Addition,
subject to the requirements of this report, the Rezoning Agreement dated
May 21, 1976, and the following:
1. Receipt of street lignting fee in the amount of $451.80.
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