HomeMy WebLinkAbout2003-02-28 WC Recorded Document #1124707 - CC Resolution #03-02-153 a 61.
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RESOLUTION NO.
in Exhibit "A."
AIL
03 -O2 .15
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
1124701
1111 11 11111
WHEREAS, the City Council for the City of Oak Park Heights has received a
request from VSSA for street vacation and vacation of utility easements to allow the final plat of
McKean West and to allow the construction of eight (8) housing units on Nolan Avenue in
Boutwells Land; and,
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A RESOLUTION ESTABLISHING FINDINGS OF FACT
AND APPROVAL BY THE CITY COUNCIL OF
THE REQUEST OF VALLEY SENIOR SERVICES
ALLIANCE (VSSA) REQUESTING VACATION
OF STREET RIGHT -OF -WAY AND DRAINAGE
AND UTILITY EASEMENTS TO ALLOW THE FINAL
PLAT OF MCKEAN WEST AND APPROVING THE CONSTRUCTION
OF EIGHT (8) HOUSING UNITS ON NOLAN AVENUE AS
APPROVED WITH CONDITIONS
WHEREAS, after having conducted public hearing relative thereto, the Planning
Commission for the City of Oak Park Heights has recommended that the application be approved
with conditions. The City Council for the City of Oak Park Heights, therefore, makes the
following:
FINDINGS OF FACT
1. The real property affected by said application is legally described as set forth
2. The Applicant has submitted an application and supporting documentation
to the Community Development Department and is the owner of the underlying fee of the subject
property and all adjacent land thereto.
3. That on September 24 the City Council approved an amendment to
Boutwells Landing concept/general plan of development and rezoned the area to PUD district.
4. Valley Senior Services Alliance has submitted a preliminary plan in
compliance with Chapter 402, the subdivision ordinance of the City of Oak Park Heights.
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5. On October 22, the City Council approved the preliminary final plat entitled
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McKean West.
6. The requested vacation of street right -of -way and drainage and utility
easements is required to be implemented before the final plat of McKean West can be recorded in
the office of the County Recorder and County Surveyor for Washington County, Minnesota.
7. City staff prepared a memorandum dated January 9, 2003 reviewing the
issues raised by the request and supporting same.
8. The memorandum dated January 9, 2003 recommended the request be
approved with conditions.
9. The Planning Commission held a public hearing at their July 16, 2003
meeting, took comments from the applicants and from the public and closed the public hearing
thereon and thereafter recommended that the application be approved subject to conditions as
recommended.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of
Oak Park Heights that the City of Oak Park Heights approves the following:
a. The application submitted by VSSA for a vacation of street right -of -way and
drainage and utility easements to allow the final platting of McKean West and the construction of
eight (8) housing units on Nolan Avenue affecting property described as follows: (See Exhibit
4`
b. The same is hereby approved by the City Council for the City of Oak Park
Heights and the vacation requested is hereby granted as it affects said property identified in Exhibit
c. The s ame i s h ereby approved and the conditions imposed by the Council
requiring City Attorney and City Engineer approval have been met and such approvals have been
issued.
BE IT FURTHER RESOLVED, that the City Administrator shall prepare a
Notice of Completion of these proceedings which shall contain the name of the city, the
identification of the property to be vacated, statement of the time of completion thereof and a
description of the real estate and land affected thereby. Said notice shall be presented to the office
of the County Auditor /Treasurer, who shall enter same in his transfer records and note upon the
instrument over his official signature the words "entered into the transfer records." The notice shall
then be filed with the County Recorder, all as required by Minn. Stat. §412.851.
Adopted by the City Council for the City of Oak Park Heights this 25 day of
February, 2003.
BE IT FURTHER RESOLVED, that this resolution does hereby replace the
resolution adopted by the City Council on January 28, 2003.
Approved b the City Council for the City of Oak Park Heights this 25 day of
p� y Y Y
February, 2003.
ATTEST:
Judy;olst
Acting City Administrator
David Beaudet, Mayor
EXHIBIT A
LEGAL DESCRIPTION
VACATE .PORTION OF NOLAN AVENUE NORTH
THAT ACCRUES TO OUTLOT B
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 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 northwesterly
along said projection to the point of beginning.
LEGAL D EIS CR I .PTI ON
VA CA .L E PORTION OF NOLAN A VEN 'TE NORTH
THAT A CC.RUPS 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 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
northwesterly along said projection to the point of
beginning.
LEGAL DESCRIPTION
.DRA I,NA GE AND UTILITY EASEMENTS
'S
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