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Home My WebLink About2003-01-28 CC Resolution #03-01-09follows, to wit: and and RESOLUTION NO. 03,01-i-.09 CITY COUNCIL . CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY VALLEY SENIOR SERVICES ALLIANCE (VSSA) FOR VACATION OF STREET RIGHT-OF-WAY AND DRAINAGE AND UTILITY EASEMENTS TO ALLOW THE FINAL PLAT OF McKEAN WEST AND TILE CONSTRUCTION OF EIGHT ROUSING UNITS ON NOLAN AVENUE BE APPROVED WITH CONDITIONS SEE ATTACHNIENT B WHEREAS, the City of Oak Park Heights has received a request from VSSA for vacation of street right-of-way and drainage and utility easements to allow the final plat of McKean West and the construction of eight housing writs on Nolan Avenue in Boutwells Landing; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the application be approved with conditions. The City Council of the City of Oak Park Heights makes the following findings of fact: 1. . The real property affected by said application is legally described as SEE ATTACHMENT A • 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: 3. On September 24, 2002, the City Council approved an amendment of the Boutwells Landing concept/general plan of development and rezoned the area to PUD District; and 4. Valley Senior Services Alliance has submitted a preliminary and final plat in compliance with Chapter 402, the Subdivision Ordinance of the City of Oak Park Heights; and 5. On October 22, 2002, the City Council approved the preliminary and final plat titled. McKean West; and 6 The requested vacation of street right -of -way and drainage and utility easements is required before the final plat of McKean West can be recorded; and request; and 8. The memorandum dated January 9, 2003 recommended that the request be approved with conditions; and 9. The mirig Commission held a public hearing at their January 16, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved subject to conditions. NOW, THERE FORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT TEE CITY COUNCIL APPROVES THE FOLLOWING A. The applications submitted by V S SA for vacation of street right - o f- way and drainage and utility easements to allow the final plat of McKean West and the construction of eight housing units on Nolan Avenue and affecting the real property as follows Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The vacation of street fight-of-way and drainage and utility easements shall be subject to City Attorney and City Engineer review and approval. 2003. ATTEST: 7. City staff prepared a memorandum dated January 9, 2003 reviewing the SEE ATTACHMENT A Approved by the City Council of the City of Oak Park Heights this 28 day of January 2 ‘ eaudet, Mayor EXHIBIT A LEGAL DESCRIPTION VACATE `E PORTION OF NOLAN AVENUE NORTH THAT ACCRUES TO OUTLOT B That part of platted Nolan Avenue North from B OIJTWELL S LANDING, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota lying southwesterly of the following described line: Commencing at the southerly most corner of Lot 1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly . line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line, being the point of beginning of the line to be described; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 55.00 feet to the curve point on the southeasterly line of said Nolan. Avenue North, and said described line there terminating. Excepting from said vacated portion of Nolan Avenue North described as follows: Beginning at the southerly most corner of said Lot 1, Block 4; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 27.50 feet to the center line of said Nolan Avenue North; thence southwesterly along said center line to the intersection with a southeasterly projection of the southerly line of said Lot 1, Block 4; thence northeasterly along said projection to the point of beginning. LEGAL DESCRIPTION VACATE PORTION OF NOLAN AVENUE NORTH THAT ACCRUES TO LOT 1 BLOCK 4 That part of platted Nolan Avenue North from BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the Registrar of Titles, Washington County, Minnesota described as follows: Beginning at the southerly most corner of Lot 1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95,24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot 1 a distance of 2730 feet to the center line of said Nolan Avenue North; thence southwesterly along said center line to the intersection with a southeasterly projection of the southerly line of said Lot 1, Block 4; thence northeasterly along said projection to the point of beginning. LEGAL DESCRIPTION DRAINAGE AND UTILITY EASEMENTS All of the platted drainage and utility easements over Lot 1, Block 5, BOUTWELLS LANDING, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. C,9 CITY OFOAK PARK HEIGHTS *DEVELOPMENT APPLICATION 14168 Oak Park Boulevard P.O. Box 2007 Oak Park Heights, MN 55082 (651) 439 -4439 Fax: (651) 439 -0574 Street Location of Property Legal Description of Property Owner: Name Address: a rits Telephone: (Home) (Fax) 6S/ 631 -61b �` Applicant: Name Addres : F-15 Type of Request(s) City: ' 0 e. City: Description of Request(s): _12aca Owner /Applicant Initials Base Fee: Escrow Amount: City: ; , state: f 1 tL zip: ..T5')'/,3 ct ' • Telephone: 1'}efe) : e. AV •: ausiness) 4S'/ 6 -6 g 12 - (Fax) !Z 0o AL,_2 12Cjq -2/3 Zoning District Amendment Conditional Use Permit Variance: single Family Residential Variance: Other Residentia1/Cammereial tindustrial Subdivision Subdivision: Minor Comprehensive Plan Amendment ATTACHMENT B • /ob State: Zip: ,5:57/3 (Business) 6ri_3/ 6/Dv (Other) /-1 C __L.,. Home Occupation site Plan Review PUD: Amendment PUD: Concept Plan PUD: General Plan Street Vacation .2.1, • If a request for planninglzoning action on the subject site or any part thereof has been previous{ approved, Ale se describe it Belo � ,o : Oh Ce � M Ia � �� fi h Y� /i� �'`hd�f' U Property Address D, Owner Signature Applicaflt Signature r i- Development Application; Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved, all required information and fees, including any deposits, must be paid to the City. An incomplete application will be returned to the applicant The application approval process commences and an application is considered complete when all required information and fees are submitted appropriately to the City. Sixty (60) Day Waver The City hereby notifies the applicant that development review may not be completed within the required 60 days due to public hearing requirements and agency review; therefore, the City is exercising an automatic 60-day extension development review. Development review will be completed within 120 days unless additional review.exEensions•are approved by the owner/applicant. Professional Fee Responsibility it is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s) will be promptly paid upon receipt. • If payment is not received from the applicant, the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by . direct payment or a special as • against the property. • Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development fees as they are accrued. Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paidpriorto the issuance of a building permit. • The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall b'e treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 31 of each year. eibto Date. � C�.e. � p ,206L Date: � � . _ � f d 2... 4 J i DupayA Associates, Inc_. . Folz, LAND SURVEYING ■ LAND PLANNING E 5820 MEMORIAL AVENUE NORTH ' STILLWATER, MINNESOTA 55082 (651) 439.43833 = Fax (651) 430 -9331 Timothy J Freeman, LS 13ruce A. Fof , LS V i c e President 1 09 — 1 David L Dupay, LS President LEGAL DESCRIPTION VACA TE AND UTILITY EASEMENTS . . All of the platted drainage and utility easements over Lot 1, Block 5, BOUTWELLS LANDING according to the plat thereof on file and .of record in the office ofthe County Recorder, Washington Washingtoii County, Minnesota. LEGAL DESCRIPTION VACA TE PORTION OF NOLAJVA VENUE NORTII 'that part of platted Nolan Avenue North from B O L S LANDING, according to the plat thereof on file and of record in the. office of the County Recorder, Washin County, Minnesota lying southwesterly of the following .described line: Commencing at the southerly most corner of Lot .1, Block 4 of said BOUTWELLS LANDING; thence northeasterly along the curved southeasterly line of said Lot 1 a distance of 95.24 feet to the point of tangency of said lot line, bein g point the int of ofthe line to be described; thence southeasterly, perpendicular to aid southeasterly line of Lot 1 a distance of 55.00 feet to the curve point on the southeasterly line of said Nolan Avenue North, and s described line there terminating. hereby certify that this legal description was prepared by me, or under my dircot supervision, and that T am a duly Licensed Land Surveyor under the laws of the State of 1Neruanesota, Timothy J. 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