The URL can be used to link to this page

Home My WebLink About12.D. Rezone Property from Major Recreation (MR) Zone to Heavy Industry (I-2) Zone-Ord. No. 818 CITY OF SHAKOPEE J'-. 0# Memorandum CASE NO.: 09-015 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Mark Noble, Planner II SUBJECT: Rezone property from Major Recreation (MR) Zone to Heavy Industry (1- 2) Zone MEETING DATE: April 21, 2009 REVIEW PERIOD: February 28,2009 - June 27,2009 INTRODUCTION: White box Commodities Holding Corporation has made application for the rezoning of their property from Major Recreation (MR) Zone to Heavy Industry (1-2) Zone for property located at 3251 Hwy. 101 (see Exhibit A). The subject site is 61.43 acres in size. The site presently is (and has been for a considerable time) utilized as a grain elevator operation, which is listed as a Conditional Use ofthe Heavy Industry (1-2) Zone. As identified in the submitted drawings, the site presently consists of two existing elevator complexes, with several buildings and truck/rail loading areas associated with the grain elevator use. In the past, there were barge loading/docking facilities located at this site which utilized the Minnesota River; however, that site function no longer exists. The property owner would like to construct three (3) large bin grain elevators at this property. Because the use is presently a non-conforming use, any expansion of the operation cannot occur unless the property is zoned properly. Ifthe Rezoning is approved, the applicant will proceed with a conditional use permit application for the grain elevator operation along with a variance application for concrete grain elevators, as well as work with the City, the Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA) regarding Flood Plain and Shoreland Overlay Zone permits and approvals. The applicant has provided a narrative that provides a detailed description of the owner's objective for use of this property, along with their rationale for granting approval of this application. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed this application at its April 9, 2009 meeting. The Commission unanimously recommended approval of the zoning request. The Planning Commission staff report is attached for the Council's information. Additionally, staffhas attached a copy of the FEMA letter dated march 12, 2009, regarding the conditional letter of map revision based on fill comment document (CLOMAR-F) VISIONING RELATIONSHIP: This action supports Goal D "Vibrant, resilient, and stable". ALTERNATIVES: " 1. Approve the request to rezone the property from Major Recreation (MR) Zone to Heavy Industry (1-2) Zone. 2. Deny the request to rezone the property from Major Recreation (MR) Zone to Heavy Industry (1-2) Zone. 3. Table the matter and request additional information from the applicant and/or staff. ACTION REQUESTED: Offer a motion to approve Ordinance No. 818, an ordinance rezoning the property from Major Recreation (MR) Zone to Heavy Industry (1-2) Zone, and move its adoption. ~~ Mark Nob Planner II h:\cc\2009\04-21\cc rezoning whitebox 09015.doc ORDINANCE NO. 818 AN ORDINANCE OF THE CITY OF SHAKOPEE APPROVING A REQUEST TO REZONE PROPERTY FROM MAJOR RECREATION (MR) ZONE TO HEAVY INDUSTRY (1-2) ZONE WHEREAS, Whitebox Commodities Holding Corporation, applicant and property owner, has requested the zoning of property from Major Recreation (MR) Zone to Heavy Industry (1-2) Zone; and WHEREAS, the subject property is legally described as attached on Exhibit 1; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on April 9, 2009, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission recommended that the property be rezoned from Major Recreation (MR) Zone to Heavy Industry (1-2) Zone; and WHEREAS, the City Council heard the matter at its meeting on April 21, 2009; and NOW, THEREFORE BE IT RESOLVED that the City Council ofthe City of Shakopee hereby adopts the following findings of facts relative to the above-named request: Finding #1 The original zoning ordinance is in error. The original zoning ordinance established a zoning boundary that is not compatible with the existing use, which is consistent with the industrial guiding of the property. Finding #2 Significant changes in community goals and policies that concern this property have not taken place. Finding #3 Significant changes in development patterns have occurred in that the subject property is guided for, and used by, an industrial use. This use has existed for over 40 years and the property owner intends to make improvements and additions to ensure that the site is a viable industrial site for the future. Finding #4 The Comprehensive Plan, as adopted by the Shako pee City Council, guides this property for industrial use, which is consistent with the request. BE IT FURTHER RESOLVED, that the request to rezone the property from Major Recreation (MR) Zone to Heavy Industry (1-2) Zone is hereby approved. Passed in regular session of the City Council of the City of Shakopee, Minnesota held this day of ,2009. Mayor of the City of Shakopee Attest: , Judith S. Cox, City Clerk "tX+l \'f)(\ :d: \ WHITEBOX COMMODITIES HOLDING CORPORATION - SHAKOPEE SITE LEGAL DESCRIPTION OF SUBJECT PROPERTY Parcell: All that part of Government Lot 1, Section 33, Township 116, North, Range 22 West and Government Lot 2, and the Northwest Quarter of the Northeast Quarter of Section 4, Township 115 North, Range 22 West, all in Scott County, Minnesota, lying North of the Northeasterly boundary of Trunk Highway 101, lying East of a line drawn parallel with and distant 2300 feet East of the West line extended of said Section 4, and lying West of a line drawn parallel with and distant 3100 feet East of the West line extended of said Section 4, all according to the U.S. Government Survey, subject to but together with the benefits of, insofar as the above described property is concerned, an easement for railroad purposes granted in favor of Chicago, Saint Paul, Minneapolis and Omaha Railway Company by a certain deed of easement dated April 21, 1967, which was filed for registration on June 9, 1967, in the Office of the Registrar of Titles in and for Scott County, Minnesota and therein registered as Document No. 6874. (Torrens Certificate of Title No. 4486) All that part of the Southeast Quarter ofthe Northwest Quarter and the Southwest Quarter of the Northeast Quarter of Section 4, Township 115 North, Range 22 West, all in Scott County, Minnesota, lying Northerly ofllie Northeasterly boundary of Trunk Highway 10 1 and West of a line drawn parallel with and distant 3100 feet East of the West line extended of said Section 4, all according to the United States Survey thereof. (Torrens Certificate of Title No. 5435) Parcel 2 All those parts of Government Lot 1, Section 33, Township 116, Range 22 West, and of Government Lot 2, Section 4, Township liS, Range 22 West, lying North of the right of way Trunk Highway No. 101, lying West of a line drawn parallel with and 2300 feet East of the West line, extended, of Government Lot 3, Section 4, Township 1] 5. Range 22 West and lying East of a line drawn parallel with and 2000 feet East of the West line, extended, of said Government Lot 3, according to Government survey thereof. (Torrens Certificate of Title No. 2200) Parcel 3 All those parts of Government Lot One (1), Section 33, Township 116, Range 22 West, and of Government Lots Two (2) and Three (3), Section 4, Township 115 North, Range 22 West lying North of the right of way of Trunk Highway No. 101, lying West ofa line drawn parallel with and two thousand (2000) feet East of the West line of said Government Lot Three (3) and lying East of a line drawn parallel with and one thousand (1000) feet East of the West line of said Government Lot Three (3), according to the Government Survey thereof. (Torrens Certificate of Title No. 2138) fb.us.3707537.0J CITY OF SHAKO PEE ~B Memorandum CASE NO.: 09-015 TO: Shakopee Planning Commission FROM: Mark Noble, Planner II SUBJECT: Rezone property from Major Recreation (MR) Zone to Heavy Industry (1-2) Zone MEETING DATE: April 9, 2009 REVIEW PERIOD: February 28, 2009 - June 27,2009 INTRODUCTION Whitebox Commodities Holding Corporation has made application for the rezoning of their property from Major Recreation (MR) Zone to Heavy Industry (I-2) Zone for property located at 3251 Hwy. 101 (see Exhibit A). The subject site is 61.43 acres in size. The site presently is (and has been for a considerable time) utilized as a grain elevator operation, which is listed as a Conditional Use ofthe Heavy Industry (1-2) Zone. As identified in the submitted drawings, the site presently consists of two existing elevator complexes, with several buildings and truck/rail loading areas associated with the grain elevator use. In the past, there were barge loading/docking facilities located at this site which utilized the Minnesota River; however, that site function no longer exists. The property owner would like to construct three (3) large bin grain elevators at this property. Because the use is presently a non-conforming use, any expansion of the operation cannot occur unless the property is zoned properly. If the Rezoning is approved, the applicant will proceed with a conditional use permit application for the grain elevator operation along with a variance application for concrete grain elevators, as well as work with the City, the Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA) regarding Flood Plain and Shoreland Overlay Zone permits and approvals. The applicant has provided a narrative that provides a detailed description of the owner's objective for use ofthis property, along with their rationale for granting approval of this application. Planning staff did receive a number of comments regarding this project, which are attached to the staff report. Although one comment pertained to the rezoning, noting that they recommend approval of the rezoning provided the Zone is consistent with the guiding of the property, the majority ofthe comments provide conditions that should be addressed as part of any future site development, should the rezoning be approved. Those memorandums are attached to this report for the Planning Commission's information, as well as for the applicant's consideration as part of any proposed Conditional Use Permit, grading permit, and Woodland Management plan submittals. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with proposed findings for the Commission 'sconsideration. Criteria #1 That the original Zoning Ordinance is in error; 1 Finding #1 The original zoning ordinance is in error. The original zoning ordinance established a zoning boundary that is not compatible with the existing use, which is consistent with the industrial guiding of the property. Criteria #2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies that concern this property have not taken place. Criteria #3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in development patterns have occurred in that the subject property is guidedfor, and used by, an industrial use. This use has existedfor over 40 years and the property owner intends to make improvements and additions to ensure that the site is a viable industrial site for the future. Criteria #4 That the comprehensive plan requires a different provision. Finding #4 The, Comprehensive Plan, as adopted by the Shako pee City Council, guides this property for industrial use, which is consistent with the request. STAFF RECOMMENDATION After evaluating the request against the stated criteria for rezoning, staff recommends approval of the rezoning to Heavy Industry Zone. AL TERNATIVES 1. Offer a motion to recommend to the City Council the approval of the request to rezone the subject site to Heavy Industry Zone. 2. Offer a motion to recommend to the City Council the denial of the request to rezone the subject site to Heavy Industry Zone. 3. Offer a motion to continue the public hearing and request additional information from the applicant and/or staff. 4. Close the public hearing, and offer a motion to table and request additional information from the applicant and/or staff. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the rezoning of the subject site to Heavy Industry Zone, and move its approval. ~~ Planner II H:\BOAA-PC\2009\04-09\090 15 _rez _ Whitebox.doc 2 Shakopee - Location Maps Page 1 of 1 CC ------~---------------------~------...- ~------- C MR ---- --- ------. -4TfI-A..VE-E 1 I I l------_ ~ N UA Subject Property ~.E SHAKOPEE ...... Stlakopee Boundary COMMUNrrYPRIDESlNCE 1857 S c:J Zoning Boundary Cl Parcel Boundary Rezoning Major Recreational (MR) to Heavy Industrial (12) "........-.-.... ..' --- .. http://gis.1ogis.org/ shakopee/locationmap/map.asp ?title=Rezoning+Maj or+ Recreational+... 03/05/2009 FAEG RE &; BENSON LLP UNITED STATES I ENGLAND I GERMANY I CHINA CAROL LANSING CLansing@faegre.com (612)766-7005 February 27, 2009 Mark Noble Community Development Department City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Application of Whitebox Commodities Holding Corp. for Rezoning of 3251 County Road 101 East Dear Mr. Noble: On behalf of Whitebox Commodities Holding Corporation, ("Whitebox"), please accept this application for rezoning ofthe property located at 3251 County Road 101 East (the "Property") from the MR, Major Recreation Zone, to the 1-2, Heavy Industry Zone. The Property is occupied by a grain elevator facility that was constructed in the 1960' s. The use of the Property for grain storage and distribution has continued since that time and remains the current use. Whitebox purchased the Property in 2007 and is proposing to expand the facility by constructing three, 75,000-bushelgrain bins to the east ofthe existing facility. The proposed expansion constitutes an investment of over $6 million in the Property and is expected to support the addition oftwo to three new full-time jobs. Although the grain elevator is a legally non-conforming use of the Property, its expansion would not be permitted under the City's zoning ordinance. Rezoning of the Property to 1-2, the only zoning district in which grain elevators are an allowed use, is required to allow for the addition of grain storage bins on the Property. Rezoning of the Property to 1-2 is not only consistent with its historical and current use, but is also consistent with the Comprehensive Plan, which designates the Property for Industrial use. Further, the proposed rezoning is compatible with the use and designation of surrounding properties. Valleyfair is located to the east of the Property and is zoned Major Recreation, which is consistent with its designation in the Comprehensive Plan for Entertainment use. The Landing Heritage Park is located to the west ofthe Property. The Landing site is designated in the Comprehensive Plan as Industrial and Park, and is zoned Major Recreation. A large area ofland south of the Property across County Road 101 is designated for Industrial use and is primarily zoned 1-2. Rezoning of the Property to 1-2 to allow expansion of the grain elevator will have no adverse impacts on the surrounding properties. 2200 WELLS FARGO CENTER I 90 SOUTH SEVENTH STREET I MINNEAPOLIS MINNESOTA 55402-3901 TELEPHONE 612-766-7000 I FACSIMILE 612-766-1600 I WWW.FAEGRE.COM Whitebox 1-2 Rezoning Ai lcation February 27, 2009 Page 2 In addition to the rezoning of the Property to 1-2, there are other zoning permits and governmental approvals that will be required in order for the expansion project to proceed. The existing facility is near the boundaries of the 100-year floodplain and the Shoreland Overlay Zone and the only feasible area for construction of the new bins extends over the boundaries of both those zones. After consultation with City staff and the Department of Natural Resources, Whitebox had plans prepared showing how fill could be added to the Property to allow the expansion area to be elevated above the 100-year floodplain and removed from the Floodplain and Shoreland Overlay Zones. An application for a Conditional Letter of Map Revision has been submitted to the Federal Emergency Management Agency ("FEMA"). Upon receiving FEMA's agreement that the proposed fill plan meets the criteria for removal of the expansion area from the 100-year floodplain, Whitebox will submit additional applications to the City for the development proposal, including applications for a grading permit, conditional use permits, tree replacement plan, and any submissions required to request that the City's maps of the boundaries of the Floodplain and Shoreland zones be amended to be consistent with the post-fill conditions. The City's approval of the requested rezoning of the Property to 1-2 is only the first step in the City's review process and does not commit the City to approval of any of the subsequent applications that will be required. Even if the development project does not proceed, however, the requested rezoning is reasonable and appropriate to make the existing use of the Property a conforming use with the primary zoning district and to make the zoning classification of the Property consistent with the requirements ofthe Comprehensive Plan, which designates the Property as Industrial. We respectfully request that the City approve this rezoning request for the reasons stated above. We appreciate the assistance that City staff has given us in moving consideration of the expansion project to this point, and look forward to continuing to work with you in the next stages ofthe development process. Very truly yours, (I~~ Carol Lansing c: John Stich Enclosures: Application form Application fee Legal description Evidence of ownership (title policy) Copy of 350-foot map/owners list (Scott County Abstract to deliver originals) Survey and preliminary project plans (26 copies) fb.us.371 0680.02 City of Shakopee Memorandum TO: Mark Noble, Planner II FROM: Joe Swentek, Project Engineer SUBJECT: Rezoning of 3251 County Road 101 East from Major Recreational (MR) to Heavy Industrial (I-2) PID NO.: 27-933002-0,27-933003-0,27-904002-0, 27-904004-0, 27-904007-0, 27-904008-0 CASE NO.: 09015 DATE: March 24, 2009 The application indicates a request to rezone the above referenced property from Major Recreational (MR) to Heavy Industrial (1-2). The property is located along the North side of County Road 101,just to the West of Valley fair. The engineering department has completed its review and offers the following comments at this time for the applicant and for the planning department: 1. The applicant needs to obtain an approved Conditional Letter of Map Revision based on Fill (CLOMR-F) prior to commencing any land disturbing activities within the flood plain. 2. The applicant needs to obtain a Conditional Use Permit (CUP) for the placement of fill within the flood plain as well as for the intended use prior to any land disturbing activities. 3. The applicant needs to obtain a grading permit prior to any hmd disturbing activities. The proposed design and submittal requirements need to comply with Chapter 16 of the Shakopee City Code, the City of Shako pee's Comprehensive Surface Water Management Plan and the City of Shako pee's Design Criteria. 4. The applicant needs to prepare a flood plain analysis to ensure the proposed work does not negatively impact the Minnesota River. 5. The applicant needs to obtain all applicable permits/permission prior to any land disturbing activities. 6. An approval of the rezoning request does not constitute approval of the submitted drawings. Recommendation Should the City of Shakopee recommend approval of the rezoning request, the engineering department suggests the comments listed above be attached as conditions of its approvaL C:\Documents and SettingsIMNoblelLocal Settings\Temporary Internet Files\Content.Outlook\QMGPHNP8\Case Number 09015 Rezone (3251 CR 101_ Whitebox).docx CITY OF SHAKOPEE Memorandum CASE NO.: 09015 TO: Mark Noble, Project Manager FROM: Jamie Polley, Director of Parks, Recreation & Natural Resources SUBJECT: Rezoning from MR to I2 MEETING DATE: 03/12/2009 REVIEW DEADLINE: 03/30/2009 INTRODUCTION: The applicant requests rezoning the property from Major Recreational (MR) to Heavy Industrial (I2) DISCUSSION: The woodland, wetland and prairie areas within the current MR zoning is identified as Good, Better and Best Quality on the Natural Resources Corridor map due to the presence of wetlands, erodible soils, wildlife habitat and woodlands. STAFF RECOMMENDATION: Based on a review of the application materials provided, the following recommended conditions of approval should apply: 1. The applicant work with the City to protect areas on the site within the Natural Resources Corridor map. MRR-19-2009 13:48 SHRKOPEE PUBLIC UTILITIES 9524457767 P.B8 SHAKOPEE PUBLIC UTILITIES CONIMISSION "Lighting the Way - Yesterday, Today and Beyond" MEMORANDUM TO: Shakopee Community Development Department FROM: Joseph D. Adams, Planning and Engineering Director SUBJECT: STAFF REVIEW RECORD COMMENTS for: Rezoning from Major Recreational (MR) to Heavy Industrial (12) CASE NO: 09015 DATE: 3/19/09 COMMENTS: Municipal water service is available subject to our standard terms and conditions. These include, but are not limited to: installing a lateral water main distribution system in accordance with utility policy, paying the associated inspections costs, paying the Trunk Water Charge, and paying the Water Connection Charge. Note: The site is outside Shakopee Public Utilities' electric senice territory (in XceI Energy's) and is also not presently served by the municipal water system. If water service is desired, then standard requirements would apply. Contact Shakopee Publit Utilities for details. , Post Office Box 470 .255 Sarazin Street + Shakopee, Minnesota 55379-0470 (952) 445-1988 + Fax (952) 445-7767 www.shakopeeutilities.com TOTRL P.08 DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS :'~ SIBLEY SQUARE AT MEARS PARK 190 FIFTH STREET EAST, SUITE 401 ST. PAUL MINNESOTA 551D1-1638 REPLY TO ATIENTION OF Operations March 23,2009 Regulatory (2009-00917 -CCB) Mr. Mark Noble Whitebox Commodities Holding Corp 2200 Wells Fargo Center 90 South 7th Street Minneapolis, Minnesota 55402 Dear Mr. Noble: We have reviewed your application to the City of Shakopee for the rezoning your grain elevator facility. The project site is in Section 4. Township 115N~, Range 22W., Carver County, Minnesota. Rezoning requests and approvals are not within the regulatory jurisdiction of the Corps of Engineers. From the information provided to the Corps of Engineers, no work is being proposed to be done in a navigable water of the United States, and no dredged or fill material, including that associated with mechanical land clearing, will be discharged in any water of the United States, including wetlands. Therefore, a Department of the Anny permit is not required. This letter is valid only for the project referenced above. If any change in design, location, or purpose is contemplated, contact this office to avoid doing work that may be in violation of Federal law. PLEASE NOTE THAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE THE NEED FOR STATE, LOCAL, OR OTHER AUTHORIZATIONS, SUCH AS THOSE OF THE DEPARTMENT OF NATURAL RESOURCES OR COUNTY. If future work would involve deposition of dredged or fill material into waters of the United States, including discharges associated with mechanical land clearing, it may be subject to the Corps of Engineers' jurisdiction under Section 404 of the Clean Water Act (CW A Section 404). Waters of the United States include navigable waters, their tributaries, and adjacent wetlands (33 CFR ~ 328.3). CW A Section 301(a) prohibits discharges of dredged or fill material into waters of the United States, unless the work has been authorized. by a Department of the Army permit under Section 404. Information about the Corps permitting process can be obtained online at http://www.mvp.usace.army.mWregulatory. If the a future proposal requires a Section 404 permit application, the Guidelines specifically require that "no discharge of dredged or fill material shall be permitted if there is a practicable alternative to the proposed discharge which would have less adverse impact on the aquatic ecosystem, so long as the alternative does not have other significant adverse environmental consequences" (40 CFR ~ 230.10(a)). Time and money spent on the proposal Printed on $ Recycled Paper I Operations - 2 - Regulatory (2009-00917 -CCB) prior to applying for a Section 404 pennit cannot be factored into the Corps' decision whether there is a less damaging practicable alternative to the proposal. If an application for a Corps permit has not yet been submitted, the project proposer may request a pre-application consultation meeting with the Corps to obtain information regarding the data, studies or other information that will be necessary for the permit evaluation process. A pre- application consultation meeting is strongly recommended if the proposal has substantial impacts to waters of the United States, or if it is a large or controversial project. The decision regarding this action is 'based on information found in the administrative record which documents the District's decision-making process, the basis for the decision, and the final decision. For further information or to request a pre-application consultation meeting, please contact Christina Carballal at 651-290-5372 the Corps' project manager for the Carver County in which this proposal is located. Sincerely, ~ +- TamaraE.~ Chief, Regulatory Branch ... I Federal Emergency Management Agency Washington, D.C. 20472 March 12, 2009 THE HONORABLE JOHN SCHMITT CASE NO.: 09-05-1705C MAYOR, CITY OF SHAKOPEE COMMUNITY: CITY OF SHAKOPEE, SCOTI 129 SOUTH HOLMES STREET COUNTY, MllfJNESOTA SHAKOPEE, MN 55379 COMMUNITY NO.: 270434 DEAR MR. SCHMITT: This is il1 reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property described in the enclosed document is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a I-percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Conditional Letter of Map Revision based on Fill (CLOMR-F) Comment Document. This comment document provides additional information regarding the effective NFIP map, the legal description of the property and our comments regarding this proposed project. Additional documents are enclosed which provide information regarding the subject property and CLOMR-Fs. Please see the List of Enclosures below to determine which documents are enclosed. Other attachments specific to this request may be included as referenced in the Determination/Comment document. If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 22304-6439. Sincerely, W~ If &..~ /)- William R. Blanton Jr., CFM, Chief Engineering Management Branch Mitigation Directorate LIST OF ENCLOSURES: CLOMR-F COMMENT DOCUMENT cc: Mr. Todd Shoemaker Page 1 of 3 I T Date: March 12, 2009 Icase No.: 09-05-1705C T CLOMR-F . ~ Federal Emergency Management Agency .~ ~ ~ Washington, D.C. 20472 ~("ND s1.~ CONDITIONAL LETTER OF MAP REVISION BASED ON FILL COMMENT DOCUMENT COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION CITY OF SHAKOPEE, SCOTT A portion of Government Lots 2 and 3, Section 4, Township 115 COUNTY, MINNESOTA North, Range 22 West. as described in the Limited Warranty Deed recorded as Document No. T182250. in Volume 136, Page 233, in COMMUNITY the Office of the Registrar of Titles, Scott County, Minnesota. COMMUNITY NO.: 270434 The portion of property is more particularly described by the following metes and bounds: AFFECTED NUMBER: 2704340002C MAP PANEL DATE: 9/29/1978 FLOODING SOURCE: MINNESOTA RIVER APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 44.802, -93.472 SOURCE OF LA T & LONG: PRECISION MAPPING STREETS 7.0 DATUM: NAD 83 COMMENT TABLE REGARDING THE PROPOSED PROPERTY (PLEASE NOTE THAT THIS IS NOT A FINAL DETERMINATION. A FINAL DETERMINATION IMLL BE MADE UPON RECEIPT OF AS-BUILT INFORMATION REGARDING THIS PROPERTY.) OUTCOME 1 % ANNUAL LOWEST LOWEST WHAT WOULD CHANCE ADJACENT LOT lOT BLOCK! SUBDIVISION STREET BE REMOVED FLOOD FLOOD GRADE ELEVATION SECTION FROM THE SFHA ZONE ELEVATION ELEVATION (NGVD 29) INGVD 29\ (NGVD 29\ -- - - 3251 County Road Portion of B 721.3 feet -- 721.6 feet 101 East Property Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any Qiven year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to Ille aDDroorlate section on Attachment 1 for the additional consideralions listed below.) LEGAL PROPERTY DESCRIPTION STUDY UNDERWAY PORTIONS REMAIN IN THE ROODWAY STATE LOCAL CONSIDERATIONS CONDITIONAL LOMR-F DETERMINATION This document provides the Federal Emergency Management Agency's comment regarding a request for a Conditional Leiter of Map Revision based on Fill for the property described above. Using the information submitted and the effeclive National Flood Insurance Program (NFIP) map, we have determined that the proposed described portlon(s) of the property(ies) would not be located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base nood) jf built as proposed. Our final determination will be made upon receipt of a copy of this document, as-built elevations, and a completed Community Acknowledgement form. Proper completion of this form certifies the subJect property is reasonably safe from flooding in accordance willl Part 66.5(a)(4) of our regulations. Further guidance on determining if the subject property is reasonably safe from flooding may be found In FEMA Technical BUlletin 10-01. A copy of this bulletin can be obtained by calling the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or from our web site at http://www.fema.gov/milltb1001.pdf. This document is not a final determination; It only prOVides our comment on the proposed project in relation to the SFHA shown on the. effective NFl? map. This comment document is based on the flood data presently available. The enclosed documents prOVide addilional information regarding this request. If you have any questions about this document, please contact Ille FEMA Map Assistance Center toll rree at (877) 336-2627' (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue. Suile 130, Alexandria, VA 22304.6439. U/~ If ~ II- William R. Blanton Jr., CFM. Chief Engineering Management Branch Mitigation Directorate Page 2 of 3 Date: March 12, 2009 Case No.: 09-05-1705C CLOMR-F Federal Emergency Management Agency Washington, D.C. 20472 CONDITIONAL LETTER OF MAP REVISION BASED ON FILL COMMENT DOCUMENT A TT ACHMENT 1 (ADDITIONAL CONSIDERATIONS) LEGAL PROPERTY DESCRIPTION (CONTINUED) COMMENCING at the intersection of a line drawn 2000.00 feet East of and parallel with the West line of Government Lot 3 and the North right of way of Trunk Highway NO.1 01; thence N01028'15"W, 1 00.87 feet; thence N69038'09"W, 161.61 feet to the POINT OF BEGINNING; thence N69038'09"W, 395.95 feet; thence N20024'23''E, 74.93 feet; thence N37055'21"E, 82.04 feet: thence 60.36 feet along a curve to the right having a radius of 30.00 feet; thence 44.86 feet along a curve to the left having a radius of 60.00 feet; thence S69038'09"E, 185.40 feet; thence 150.87 feet along a curve to the right having a radius of 66.00 feet; thence S20024'23''W, 54.03 feet to the POINT OF BEGINNING. PORTIONS OF THE PROPERTY REMAIN IN THE FLOODWA Y (This Additional Consideration applies to the preceding 1 Property.) A portion of this property is located within the Special Flood Hazard Area and the National Flood Insurance Program (NFIP) regulatory floodway for the flooding source indicated on the Determination/Comment Document while the subject of this determination is not. The NFIP regulatory floodway is the area that must remain unobstructed in order to prevent unacceptable increases in base flood elevations. Therefore, no construction may take place in an NFIP regulatory floodway that may cause an increase in the base flood elevation, and any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. The NFIP regulatory floodway is provided to the community as a tool to regulate floodplain development. Modifications to the NFIP regulatory f100dway must be accepted by both the Federal Emergency Management Agency (FEMA) and the community involved. Appropriate community actions are defined in Paragraph 60.3(d) of the NFIP regulations. Any proposed revision to the NFIP regulatory f100dway must be submitted to FEMA by community officials. The community should contact either the Regional Director (for those communities in Regions I-IV, and VI-X), or the Regional Engineer (for those communities in Region V) for guidance on the data which must be submitted for a revision to the NFIP regulatory floodway. Contact information for each regional office can be obtained by calling the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or from our web site at http://www.fema.gov/aboutlregoff.htm. This atlachment provides additional information regarding this request. If you have any questions about lhis attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by lelter addressed to the Federal Emergency Management Agency. 3601 Eisenhower Avenue, Suite 130. Alexandria, VA 22304-6439. '!t/~ I( M.z-; 0- William R. Blanton Jr.. CFM, Chief Engineering Management Branch Mitigation Directorate Page 3 of 3 Date: March 12, 2009 Case No.: 09-05-1705C CLOMR-F Federal Emergency Management Agency Washington, D.C. 20472 CONDITIONAL LETTER OF MAP REVISION BASED ON FILL COMMENT DOCUMENT A TT ACHMENT 1 (ADDITIONAL CONSIDERATIONS) CONDITIONAL LOMR-F DETERMINATION (This Additional Consideration applies to the preceding 1 Property.) Comments regarding this conditional request are based on the flood data presently available. Our final determination will be made upon receipt of this Comment Document, certified as-built elevations and/or certified as-built survey. Since this request is for a Conditional Letter of Map Revision based on Fill, we will also require the applicable processing fee, and the "Community Acknowledgement" form. Please note that additional items may be required before a final as-built determination is issued. This letter does not relieve Federal agencies of the need to comply with Executive Order 11988 on Floodplain Management in carrying out their responsibilities and providing Federally undertaken, financed, or assisted construction and improvements, or in their regulating or licensing activities. STUDY UNDERWAY (This Additional Consideration applies to all properties in the CLOMR..F COMMENT DOCUMENT) This determination is based on the flood data presently available. However, the Federal Emergency Management Agency is currently reviSing the National Flood Insurance Program (NFIP) map for the community. New flood data could be generated that may affect this property. When the new NFJP map is issued it will supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on the newly revised NFIP map. STATE AND LOCAL CONSIDERATIONS (This Additional Consideration applies to all properties in the CLOMR-F COMMENT DOCUMENT) Please note that this document does not override or supersede any State or local procedural or substantive provisions which may apply to floodplain management requirements associated with amendments to State or local floodplain zoning ordinances, maps, or State or local procedures adopted under the National Flood Insurance Program. This attachment provides additional lnformalion regarding this request. If you have any questions about lhis attachment, please conlacl the FEMA Map Assistance Center toll free al (877) 336-2627 (877-FEMA MAP) or by leUer addressed to the Federal Emergency Management Agency. 3601 Eisenhower Avenue, Suite 130. Alexandria. VA 22304..6439. W~ I? &.z, /J- William R. Blanton Jr., CFM, Chief Engineering Management Branch Mitigation Directorate - - .~- I ~I.DTI- ,,,,fi.1~.- GO~22~ ~ __ ,_ 'S- ...~...- - - ~'- ...~~ '" "-,C' _ __~ _ Of" ~~'~,"f6~Ji,,,, _~' rfi"'"'" __ ')? ~ _ 0 ""_ _ ~_ ^10/~'" "- 'd"i,,,,,,,,~ ""'" ,_ ~ 0~Y_' ~- ^\;'~1'<t1TP 11 ti, - '.. -.::;- T,.\J ........ ~ ~ SET PCl. ------~TIOJlr.V,~-- \.:h)~ -1 r\"T'I' NORm ,. - 'l<-~' '~"T - ,.V . . - - '0';,"'RNioo"". 00. ~ AIro. 1.- -' --. vv.c ,..., '...~ =, ~ ~oo~ ~ '- OF GOVERNIlEN 22 ~ GO\'ERNIlENT O~ - - ISOUlH UN[ TIP. 11l\, ROC SOUtH UIlE OF Ill\, ROC 22 "'" ~ . - - ~~ - ~... ~'" ~ - ..1-'0. _ ~ _ / ~~ ., ..= " --~~/_- - -J...... _ _ _ _ _ _ ..~~~ ~ ~'J'0S" -'~ ""''''''} --r - - .,14"" Tll€J .~ ~ -, . . ~ - - J _~~. ' = _0';::::'-p~ ~ -, ~T LOT 2 - I NORtH ~~4. TVF.11~ RGE.22 ~~ - --.,ll:~ "", ----: -1 -. 'g ,- OF 5Ei4. TIP, ,-,aj,.- .__' ___ - - 'fJi'fS1C!' ~.~,'" .--- I I - - '(i>>J0~"- .__- - - - T -.*' _-1 I / I I I I /: I I I, 11 I . I I 9f:l1 '~" \ I~ '. "f', Za: ~ , I I I. ~ _ " ,. "', m'" '!I!:: ~ . ..." ". '. l < . , , -'\""' - I I :~ ~ ,...~ ~ ',~ . / ...., - -. · o~ . . I -... -... ~ " /v - - I I ~<l I ~ '0_ :." l : -== ~ ~". ---- ~ , ,- /$;1!t I '"". ______ 0; ,. ,," '" --", ~- · 3. -.. ---- '.... 00' I '.-;a~.tD'",~".,' ~/ '" "v. <IiNMtN, I __ A. II ________~..I.- ~f < """'C,, · , ,,> /"",/ I I l.a,. L __ _____ _. >. ,.v. . - __ 0---- 0 "_ I -. --- - ~ / / ", _____===____, ~, ~ "'Ii -........ ~ ...> ----3---- ____ .' ~, ~ -. / L;.7 ----======:::;..c==______ ~ I ,.; l'~ .:<:~, go I ~~ ~ t " I -----=g:--- -::::====------ I L;.. I ~ ~, . _,.. 8 :l: ~ '. · '! -.....=---- - - - I ~~ I .. I- <C . " ---- --- --- , ~ .' II, -----========-=------ ,...- I I r " ~ <( g, 1/ ~- lOOO_-_-=-_ ~lil==_=_=_=_=_=_____ r- I I I I -4 :J 0 '3! 0 w I- -~ -- - "'itK-- I I ...J :> () -~-=-=- - -::::::::::_~ -~~; PJ.O" 279040070 I I w en 0 20 W ~ ~ r-- It) *"\1 ~-,~, ~ ~ I "':I: "o~ ~ , I;! ~~" ~ ~'--""'" I ~ ~.o 0 CJ) :2 z Z LO f--... g' ~ ~Q6 ~ \ '-'oov" ~,~ I I _ u. ~ W::2: '0 Z I '---...J ~ j r/ Q r~' .~ I 'aw'Y;I;/P ; ;5, 6@5E 8 ~ &'g I J f , ;::)A~/I'\,.. Z 0::<( <( 0 CJ) ~ 1.2 j < \.--~ I I ",.,,,,,< 00 " 0 <C c: 0 -, I ~. <( X () Z '. ..J~0:2--8Jg I! I I ~""'::;"'w_. ' ~ WOW...JLO ' I I lJ) I-"",!::~ / ' I I U IX<COI- . . I <C >0 0 - , '" , > Zz ll-_.. j ~,,;p., I \ ~.., · ~ I II I ~ ffi::s 5 ...... '.. .. ''''--- "....~....... -' I- .....""....~ - . ----.~------- ------...' I , <( I ----- 7-f-.., -----.., ------... -----~'-. I > ..-------- /l'. _ ._~, > "---------- ..............., '- .... ....~ NEl/4 _ _ 4 ----... '-....... ~ ~ -~ ~ - -, ~ -~, ~ '"-........-.., ~f........ --.. ~.. I __~~.,,'~ _ """C"_-~'1l(~. ~_ .---'-.- --7'-_ -I- -----l '~.. '----..I........... -L "-"". _ ~ ~ , _ M' ............... ".."-----.. --,-~>,o<l9>";' ~~ - '- ECKED ............, ..~ " -. -- . '" - ---- - ---- ,................... ~'........ ..,...............21".,~~. '...{;""" ,~ - ---- --I- ~--r"" ..----. -------- .'......;\ "" ,,::., " Mre - "-----................ --------- ,~ -+ -- , , ~ ,-~ - -............ -, ~ ~ ' --------I ~ ~. ~~..--J I I ..~), ~- IV"., M_ ' ....- ......... ~ - '.... I ~~~ ...,~ ~ ' -t ~~-----------~.......:::t::---....--=~....,"~______: SteT/a..,. _~~,...~ 8 _ _ ~ _____.... . ..........__......______. -..,.,~, >"... . ...... . ,~. ~ r - - ~~-----------,-________ 8 -I~\' 'v"NSHI,DI,,- -___ ''''~''::;'.''a~ - . \ '" --- --." ~ - -, ~ -'''''---- ; 1 \ '. F1',,__~ _ _ , """.". - I 1VQ .---,,----J. : I \"lI~\.7c, ')') ISCOTTCOUNTYE. 8 f- I ~ _ ~~ "M --- - ." , ~ L.. _" ~ 2 - - - ......... .. - I -............... ,"m 1 · - - - --r-... .. ____ ~__ --- C".. ___ , _____ ~_ -- .""C Co --- 'I _____ ~__,_~. - - - - - - - ~ lVo~"":;..~ __ _ _ _ ! _ ......... .. -l- · ~~--- f -- ~.l;;b~' ___ . ~e,,>, --_ :-~v _ _ _ I 'Co "a" , ~~ _ _ _ ~~~O'A'" _ _ I " ~. >"..,..~ ~<; /4 ,.,~ >"~ _ _ _ _ _.... _ _ __ '\J'~''f~f-lJo .,,,- I v, '''< '''''''' ___ _ ' "~, .. ''''''', ---- Ii-'oNGt 00 _ ........ I DESCRIPTION OF SUBJECT PARCELS ~ REVISIONS Parcell: This survey does not purport to show all underground utilities. The existing utilities shown are shown in an approximate way only. The contractor shall determine the Original Survey dated DBP AU that part of Government Lot I, Section 33, TOWnShip 116, North, Range 22 West and exact location of any and all existing utilities before commencing work. The 12113/06 Government Lot 2, and the Northwest Quartc::r of the Northeast Quarter of Section 4, contractor shall be fully responsible for any and all damages arising out oChis failure Update Boundary per rev. DBP Township 115 North. Range 22 West, all in Scott County, Minnesota, lying North aCthe to exactly locate and protect aU existing utility fitcilities. Tme Commilmenl 011111D7 I Northeasterly boundary of Trunk Highway 101, tying East ofa line drawn pamllel with and distant 2300 feet East oflhe West line extended of said Section 4, and lying West ofa line Contact GOPHER STATE ONE CALL at 6S 1-454-0002 for precise onsite location of drawn parallel with and distant 3100 feet East of the West line extended ohaid Section 4, all utilities prior to any excavation. according to the U.S. Government Survey, subject to but together with the benefits ot ----1' insofar as the above described property is concerned, an easement for railroad purposes LandAmerica Commonwealth Land Title Insurance Company Commitment for Title - -------- '1 I I 1 granted in favor of Chicago. Saint Paul. Minneapolis and Omaha Railway Company by a Insurance File No. 213070. Reissue No.1. effective date November 30, 2006, was - f I \ \ certain deed of easement dated April 21, 1967. which was filed for registration on June 9. relied upon as to matters of record. <J~ -- I I \ \ \ \ 1967, in the Office of the Registrar ofTitles in and for Scott County. Minnesom and therein \ \ registered as Document No. 6874. The subject property appears to lie within Zones A20 and B. (A20 - is a flood ~ I I \ \ \ \ \ (Tonen. Certificate of Title No. 4486) insurance rate zone that corresponds to the I-percent annual chance floodplains that \ \ \ are determined in the Flood Insunmce Study by detailed methods of analysis. In most I I \ \ \ \ / All that pert of the Southeast Quarter ofthe Northwest Quatterand the Southwest Quarter of instances. Base Flood Elevations derived from the detailed hydraulic analyses are \ I 1\\ \ I I theNorthcastQuarterofSectio04,Township115North,Range22Wes~a11inScottCounty, shown at selected intervals within this zone. Mandatory flood insurance p'Ul'Chase 0 f \ I I \ \:.. I / Minnesota, lying Nottherly of the Northeasterly houndary ofTnmk Highwny 101 and West requirements apply) (B ~ is a flood insurance rate zone that corresponds to zones ()g I l \ ~ -\ ~ ~ \ ,t? I ofa line drawn parallel with and distant 3100 fectEast of the West line extended of said outside the I-percent annual chance floodplain, areas of I-percent annual chance sheet ~ \ ~ "t \' \ ,~ Section 4, all according to the United States Survey thereof. flow flooding where average depths are less that 1 foot, areas of I-percent annual Z'l' ~ \ \ \ \ \ \ \ / chance stream flooding where the contributing drainage area is less than I square mile. -.... \ \ \ \ \ \ \ \ \ (Torrens Certificate ofT;tle No. 5435) or areas protected from the I-percent annual chance flood by levees. No Base Flood c;;- /o \ ~ \ \ \ \ \ , " Parcel 2 Elevations or depths are shown within this zone. Insurance purchase is not required in ~l/) \0', "", these zones). per the National Flood Insurance Program, Flood Insurance Rate Map I-e / \ \, ',' ',', "~'I , All those parts ofGovemmeutLotl,Section33, Township 116. Range 22 West. and of Commwrity Panel No. 27D434 DD02 C dated Sep_ber 28. 1978 as acquired from the en 0; \ '\." '\." '- '\. ....../... GovemmentLot2. Section 4. Township 11S, Range 22 West, lying North of the right of way Federal Emergency Management Agency Web Site. " ,,', "\. '\. " " TnmkHighwayNo.101,lyingWestofalinedrawnparallelwitband2300feetEastoftbe <'l \ l/) "" "'\. "...." ""\. ....." ',-'" West line. extended, ofGovemment Lot 3. Section 4. Township 115. Range 22 West and Areas: (To the edge ofthe Minnesota River as field located on the date of this ::>~ ..... ...... " ....., "\. "" lying East afa linedmwnpareJlel with and 2000 feet East of the West line, extended, of said certification) O~. \ Jo-- ............" '\. " "" ~ \, Government Lot 3. according to Government survey thereof. Parcell: 1.317.D06 Sq. Ft. - 30,23 Acres <r'Gll~ " "8''\ , . (!)~ "....... ............ " ~...... (Torrens Certificate ofTttle No. 2200) Parcel 2: 4D5,573 Sq. Ft. - 9.31 Acres ~ ....... ...... '\. "- Parce13: 953 324 So. Ft. - 21.89 Acres o:::~ \ ::..... ...... ,'\. 'Parcel3 Total: 2,675,903 Sq, Ft. - 61.43 Acres ......." .......... \ "\ All those parts ofGovemment Lot One (1). Section 33, Township 116, Range 22 West, and W~ .... '-, , ofGovemmeut Lots Two (2) and Three (3), Section 4. Township 115 North, Range 22 West Survey coordinate and bearing basis: Scott County S j " I I J lyingNorthoftherightofwayofTnmkHighwnyNo.IOI,lyingWestofalinedmwn Scott County Property Identification Number. Shown on Sheet 1 ca~ \ parallel with and two thousand (2000) feet East oftbe West line of said Government Lot I ::: \ \ I \ Three (3) andjying East of s line drawn parallel with and one thonsand (lODD) feet East of \ No modification to this survey or sketch may be preformed by any person other than Wo , \ \ the West line of said Government Lot Three (3). according to the Government Survey 0:::<( ~ I , ,p..{i> \ \ thereat the surveyor signing this certification or persons under his direct supervision. li1 I' \ \ ~ t6 \ \ (Torrens Certificate of Title No. 2138) The Grain Elevator and attached building area infQlDlation shown hereon is J:m - j \ ~ / I approximate only and shown for informational pmposes. 1-5 - - \ --<IIl'" IJ ~ <(&1 - 'vA/,' ~ -~~/- I ! .,".~' ~ , TITLE COMMITMENT NOTES en~ . ~ I ",- '-} .~-......:.. ~ f oCfI .............., .::-- . '\ 1_ #ID (psrcell) I-~ f i ,-b" "1 " Set,,- I \ ~ ~ / " Parcel maybe subject to an easement for railroad easement in mor of Chicago. St. Paul, 10104- I \ ! lit' i/ I / , , Minneapolis and Omaha Railway as contained in Easement dated April 21, 1967, filed I 1-,) ,~..~ 1_/ \ , ofrecord June 9. 1967. as Document No. 6874. The document does not actually define ... , .. IClIP~' } \ l_- ,O--......_'tJ- , the encumbered property but only defines the parties participating in the easement. \ '--....... '" I _/j \ \ I.. C'Wo,.;'J t% \ / -c,,~_ , -- 0'" L..--A \ "-Q, I ,p..{i> --- 01>'0' - /c --- , '-0 , I '- , . -"'. "'-- ---.._--...... ~, .\'ailfce y. ---- , , " ::::-OI1u__ -.. " , RoAO , " , Ii , '. , , ......--- " - - '- "......._ r'-~ 0::: ---",J . * -_'............. '......._...... --J--..:.:..<~__, >- 0 >- ......-............. -718............ ..\ ~ W ()J: , -....)<0 \ --.... > I-Z I '''''\ ,. \. >,6' 0::: UC>...J~ '- ' :J ...J~<C:E - , ...JOW --- , \ , C/) _ ...J 3: 0 u.i , LEGEND I W fQOZUocn -lo:::O:COW~J'o- I- :EU'C') _OenOO Oll'l A1S DENOTES ADVERTISING-INFORMATIONAL SIGN I- u.. Z Zll'l o>W:E~'Cz AC DENOTES AIR CONDITIONING UNIT OWOt-O g!:2 Z~<coU:JO:::ai COL DENOTES COLUMN :s fh >< 0 <C en E' 2i BEE DENOTES BUILDING ENTRANCE ELEVATION O:::O::2:S:2~g~ "SHAKOPEE" ~o..CD::2: 0:: Wu,lg 1B DENOTES TELEPHONE BOX C/) WOW...J~cn CONC DENOTES CONCRETE SURFACE () !:: () :E I- ~ CMP DENOTES CORRUGATED METAL PIPE & SIZE ~ ~~C3~C') EB DENOTES ELECTRIC BOX I- mZz -l w:5<c GFE DENOTES GARAGE FLOOR ELEVATION <C !:::...J GM DENOTES GAS METER :c GP DENOTES GUARD POST ~ GYW DENOTES GUY WIRE DRAWN LP DENOTES LIGHT POLE DBP OHU DENOTES OVERHEAD UTILITY WIRE CHECKED GRG To: WlUTEBOX ADVISORS, LLC, WHITEBOX COMMODITIES HOLDING CORP. and LANDAMERICA - OATE RCP DENOTES REINFORCED CONCRETE PIPE & SIZE COMMONWEALTH LAND TITLE INSURANCE COMPANY 12107/06 SV DENOTES SEPTIC VENT This is to certify that this map or plat and the survey on which it is based were made in accordance with the "Minimum Standard SCALE Detail Requirements for ALTAlACSM Land Title Surveys." jointly established and adopted by ALTA and NSPS in 2005. and AS SHOWN UP DENOTES UTILITY POLE NORTH ;ncludes Items I, 2. 3, 4, 7(a), 8, 9, 10, 11(0),16. 17. and 18 ofTahle A thereot Pursnant to the Accuracy Standanls as adopted by JOB NO. ALTA and NSPS and in effect on the date of this certification. undersigned further certifies that in my professional opinion. as a 955D5-D02 WHITE BOX ADVISORS ULP DENOTES UTILITY / LIGHT POLE 4D 2D 0 2D 4D 8D land surveyor registered in the State of Minnesota. the Relative Positional Accuracy of this sW'Vey does not ex.ceed that which is FILE: I"t."~- . specified therein. ALTA SURVEY.OWG . DENOTES FOUND IRON MONUMENT SCALE IN FEET Dated this 11th day of January. 2007 TOWNSHIP - RANGE - SECTION (!) DENOTES FOUND CAST - IRON - MONUMENT 115/116-22-4133 DENOTES A 1/2 INCH BY 14 INCH IRON PIPE SET IN TIIE SCOTT COUNTY 0 GROUND AND MARKED BY LICENSE NO. XXXXX BOOK: 165 PAGE: 8 David B. Pemberton, Minnesota License No. 40344 SHEET 2 OF 2 SYMBOL LEGEND .......... REVISIONS BY .. ............. DESCRIPTION PROPOSED EXISTING FUTURE "-- --- MINOR CONTOUR ~ ---958_ -" MAJOR CONTOUR ~ ~Ba--- \ LOT LINE "- WATERMAIN -WM- -WM- - - -WM- -- BUilDING SETBACK BOUNDARY ----- ----- ------ ~ PARCEL BOUNDARY LINE '" C' ,- DRAINAGE AND UTILITY EASEMENTS --------- --------- - - - - -- ~ 'I -- .r\-, \ CURB AND GUTTER "'~CQ~ '-- L_ V I 1\ ^ RIGHT-OF-WAY ~ O,('~ / I V / DRAINTllE WfCLEANOUTS ----e ...--- ---~ ...--- ---_. ...--- '" 7t.,~C I V /! \~ BACKYARD CATCH BASIN >> >> >> >> JJi-__. ~, ~t- CATCH BASIN >> >> >> >> ... --- *" ", , \ '0 . 0 STORM SEWER MANHOLE >> )I )I >> ...-e-. .~ Og FLARED END SECTION W/RlP-RAP oS .. ~ ~ STORM STUCTURE LABEL '\ \ Z~ -'" N SANITARY STUCTURE LABEL ~LO SANITARY SEWER MANHOLE I-e!. HYDRANT \ cne;; GATE VALVE -&1 :::>~ WELL O~_ DRAIN FLOW/RUNOFF ARROW EMERGENCY OVERFLOW SWALE i!i <.9~ SOIL BORING LOCATION ~~ SILT FENCE ------ ------ ...... ...... \ W~ TREE PRESERVATION FENCE ------ ...... ...... a:l~ Ei:i:I OR ~ ...... BARRICADE "'T"T" OR ~ .......... .., I ~ SPOT ELEVATION .<11'" .""'" ....... ~ Wo "- '\ ~<( TBC SPOT ELEVATION .- '_,0 ,""'.,., i!i "- ~ UTILITY POLE co., " :r:~ LIGHT POLE x:x x:x x:x '\ I-~ HANDICAP PARKING SPACE ~ e. \ <(g \ SHEET INDEX TABLE \ cn~ \ SHEET Description \ s~~ Cover Pact....... \ "'1-.<- SP Preliminary Site Plan -' / OCOi....... I Q. 1.20F2 ALTASurvey [~ Preliminary Tree Preservation Plan 6&OL C.4NO,ol" COCI:J I G ~. OJ TREE 1 !% GP Grading, Drainage. and Erosion Control Plan . ""'- ......O"ct. / ~t-~ I ~, oJ' ..-.... 0~ UP Preliminary Utility Plan \ ~O!:q I D\?"" PHOTO 1 Photograph of Example ofTypical Bins / .. .....,,; .............. ~---- / / 36 / DESCRIPTION OF SUBJECT PARCELS '.lJO / C/) Parcell: / W I- u.i All that part ofGQvemment Lot I, Section 33, Township 116, North, Range 22 West and o o.:z 0", Government Lot 2, and the Northwest Quarter of the Northeast Quarter of Section 4, Township 115 North. Range 22 West, all in Scott County, Minnesota, lying North of the Z 0D:::::2i:'"':!:; Northeasterly boundary of Trunk Highway 101, lying East ofa line drawn parallel with and <( :20 _~:g distant 2300 feet East of the West line extended of said Section 4, and lying West of a line ~()lli'OZ drawn parallel with and distant 3100 feet East of the West tine extended of said Section 4, all ...J according to the U.S. Government Survey, subject to buttogether with the benefits of: 0.. o <.9 c.. ~:2 insofar as the above described property is concerned, an easement for railroad purposes W () ZOO':: CIi granted in favor of Chicago, Saint Paul, Minneapolis and Omaha Railway Company by a t:: X-~~8. certain deed of easement dated April 21, 1967, whi<;h was filed for registration on June 9, og<( =>11 1967, in the Office of the Registrar ofTtt1es in and for Scott County, Minnesota and therein -----u.o=.~ (/) registered as Document No. 6874. tOOI8.:g (Torrens Certificate of Title No. 4486) LUIcn~(J) I- 10 All that part of the Southeast Quarter of the Northwest Quarter and the Southwest Quarter of I ~ the Northeast Quarter of Section 4, Township 115 North. Range 22 West, all in Scott County, Minnesota, lying Northerly of the Northeasterly boundary ofTnmk. Highway 101 and West S ofa line drawn parallel with and distant 3100 feet East of the West line extended of said Section 4, all according to the United States Survey thereof. (Torrens Certificate of Title No. 5435) , Parcel 2 CONTRACTOR CLIENT/DEVELOPER LAND SURVEYOR/CIVIL ENGINEER AU those parts of Government Lot 1, Section 33, Township 116, Range 22 West, and of SMA ELEVATOR CONSTRUCTION, INC. WHITEBOX COMMODITIES HOLDING CORP. SATHRE-BERGQUIST INC. Government Lot 2, Section 4, Township 115, Range 22 West, lying North of the right of way 113 Chelsea Road 3033 Excelsior Blvd. 150 S. Broadway Ave. r Trunk Highway No. 101, lying West of a line drawn parallel with and 2300 feet East of the Wayzata. MN 55391 DRAWN West line, extended, ofGovemment Lot 3, Section 4, Township liS, Range 22 West and Oakwood Industrial Park Suite 300 NRH lying East ofa line drawnpara1leI with and 2000 feet East of the West line, extended, of said Monticello. MN 55362 Minneapolis. MN 55416 Alln: David Pemberton - Land Surveyor CHECKED Government Lot 3, according to Government survey thereof. Alln: Stan Brey Alln: John Stich Alln: Daniel L. Schmidt - Engineer DLS (763) 2954367 (612) 253-6035 T-952476-6000 DATE (Torrens Certificate of Title No. 2200) F-952476-0104 2-25-09 Parcel 3 SCALE AU those parts of Government Lot One (1), Section 33, Township 116, Range 22 West, and AS SHOWN ofGovemment Lots Two (2) and Three (3), Section 4, Township 115 North, Range 22 West JOB NO. lying North of the right of way ofTnmk Highway No. 101, lying West ofa line drawn NOMS 95505-002 parallel with and two thousand (2000) feet East of the West line of said Government Lot I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY FILE: Three (3) and lying East of a line drawn parallel with and one thousand (1000) feet East of 30 15 0 15 30 60 DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER W:\95505-002\DWGIBASE.DWG the West line of said Government Lot Three (3), according to the Government Survey ptt..- TH~THE~TA. SHEET thereof. SCALE IN FEET (Torrens Certificate of Title No. 2138) ~ DME (~/o(/o, REG. NO 26147 SP 1 OF SP 1 SHEETS