2014-04-07 Hunters Pass and addition plat recording Kim Olson
From: Nathan Jones [Nathan@tollberghomes.com]
Sent: Monday, April 07, 2014 10:38 AM
To: Mike Couri; Kim Olson
Cc: Adam Nafstad; Al Brixius; Tina Lannes; Scott Dahlke @ CESD
Subject: RE: Hunters Pass and Addition plat recording
Mike,
This is all clear, concise, and helpful.
• We will be using Registered Absracters in Anoka to represent us in title and recording.
• You are correct that there currently is not a mortgage but there will be a development loan before we file the
plat. I have a Consent to Plat that has been approved by Wright County and that our lender is willing to sign.
Carl Brandt—Great Southern Bank. 7685 Zachary Ln, Maple Grove 55369. 763-255-1657
• I may need a little clarification on the Declaration. I'm assuming I need to use the existing Declaration just with
different Recitals so that the rules are consistent with the existing HOA. Do I also need action or a resolution
from the HOA board that allows us to join? The current Declaration says K. Hovnanian (the declarant) has the
sole authority but I'm sure that right has since been transferred to the HOA.
Thank you,
Nathan Jones
Tollberg Homes
(651)208-0500 cell
(763)205-2037 office
www.tol lberghomes.com
From: Mike Couri [mailto:mike@couriruppe.com]
Sent: Thursday, April 03, 2014 6:02 PM
To: Kim Olson
Cc: Adam Nafstad; Al Brixius; Tina Lannes; Scott Dahlke @ CESD; Nathan Jones
Subject: Hunters Pass and Addition plat recording
Kim,
Attached are the Hunters Pass 2nd Addition Developer's Agreement along with the grading and drainage plan, landscape plan,
final plat, and setback exhibits, all of which should be attached to the Developer's Agreement as exhibits. Also attached is a
deed from Tollberg Homes to the City for Outlot A of Hunters Pass Second Addition,and a plat recording checklist. I have
examined title to the property via the Wright County Recorder's website and title since the filing of the original Hunters Pass
plat is good in the name of Tollberg Homes, LLC.
The following remains to be completed prior to release of the plat:
1. The deed conveying Outlot A to the City needs to be signed by Tollberg and notarized, but the date at the top should
remain blank and be filled in as the same date as the plat is recorded. The deed should be recorded after the plat is
recorded.
2. The park dedication fee does not need to be paid at the time of plat since it will be collected with each building
permit,with all lots initially being special assessed for the park dedication fee. Several things need to occur to
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implement this. First, once the plat is recorded and PID numbers are assigned to the lots,we need to notice a special
assessment hearing for the lots and pass a resolution assessing$3,300 per lot. Second,we need to set up a system in
the City's building permit issuance process where no building permit will be issued on any lot in the second addition
until the park dedication fee is paid. Third,once that fee is paid on any particular lot,Tina needs to be notified so that
the special assessment can be marked as paid in our records. Finally,the County Auditor will need to be notified of
the paid assessment if we have certified the assessment resolution to the Auditor's office.
3. The City needs to collect an Administration Fee of$4,690.
4. The City needs to collect$19,382.60 in trunk sewer and water fees.
5. The City needs to be given a letter of credit in the amount of$159,995. The language of the LOC must be approved
by Tina and myself.
6. The Developer's Agreement needs to be signed by the City and Developer.
7. The developer needs to send me declarations which add these lots into the existing homeowners' association (I have
not seen these yet).
8. No mortgage shows up on the title,so we do not need a mortgage subordination document.
9. Tina should check to make sure that no special assessments are outstanding. If any are,they will need to be
reallocated among the newly-created lots.
Once the above items are completed,the Developer will need to determine how the plat will be recorded. If the Developer
will use a third-party closer,we can release the plat to the closer with detailed recording instructions. If the Developer is going
to record it,then someone from the City will need to accompany the Developer to make sure that all documents get recorded
properly. The order of recording should be as follows:
1. Plat
2. Developer's Agreement
3. Deed to the City
4. Any other documents the Developer wants to record.
Please feel free to contact me with any questions you may have. Thank you.
Michael C. Couri
Couri & Ruppe, P.L.L.P.
705 Central Avenue East
P.O. Box 369
St. Michael, MN 55376
763-497-1930
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