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Home My WebLink About2003-02-13 WC Recorded Document #1124007 - CC Resolution #03-01-091124007 Additional Certificate #:9s 55807 Qffice of t e Registrar of �ifles Washin Count MN Certified filed and/or recorder! on: 2003102/13 3:55:00 Phi 1124007 Gettificate #: 55804 Book #: 177.] Pa #: 243 � Cind Kaosmmnn Registrar of Titles a, TA JLx � � �} '� .L' _ yr- �' . C �.,..0 .. •C C -k C, 1124001 RESOLUTION No, D -01 D9 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 McKL:AN VEST AND THE CONSTRUCTION OF EIGHT HOUSING UNITS ON NOLAN AVENUE BE APPROVED WITH CONDITIONS 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 units 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 follows, to wit: SEE ATTACHMENT A and 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B and 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 7. City staff prepared a memorandum dated January 9, 2003 reviewing the request; and 8. The memorandum dated January 9, 2003 recommended that the request be approved with conditions; and 9. The Planning 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING° A. The applications submitted by 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 units on Nolan Avenue and affecting the real property as follows: SEE ATTACHMENT A 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 right-of-way and drainage and utility easements shall be subject to City Attorney and City Engineer review and approval. Approved b the City Council of the City of oak Park Heights this 28 day of January pp �' y y ..�,� 2003. ATTEST: f _ Judy /olst, Ming City Administrator eaudet, Mayor 6 FXHTRTT 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 I 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 I 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 I a distance of 95.24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot I 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 I 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, Miiulesota described as follo=ws: 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 I a distance of 95.24 feet to the point of tangency of said lot line; thence southeasterly, perpendicular to said southeasterly line of Lot I 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 I. 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. CITY OF OAK PA171(HEIGHTS � DEVELOPMENT APPLICATION . I ATTACHMENT B 14168 Oak Park Boulevard P.O. Box 2007 Base fee: Z0 0 *^FAME" Oak Park Heights, MN 55082 Escrow Amount: (65 1) 439 439 Fax: (657) 4390574 � /7/ Street Location of Pro erty Str p n ° J3 o C l ir Legal Description of Property �G�l� /,3 C� C-t % . a V., S. IJI i4 /)6� l aa` j4 c aA- ---. -- ?'r & &Iv Owner: Name Address: ter . city: d �.� ' State: � Zip: � ,�f /,3 Telephone: (Home) ___ (Business) 6zoo � (other) (Fax) ��°/ �3 [4 /0 Applicant: Name ren, nn ,Addres,j; 0 t' 6L.. /on � City: State: �J f1� - Zip: � Telephone. O 2 (Business (fax) �.�1 �.��- � .� t� � la l2 (other) �� Type of Request(s) . Zoning District Amendment __ Home Occupation Conditional Use Permit Variance: Single Family Residential Site Plan Review Variance: Other Resident! al /CommerciaUJndustrial PUD: Amendment Subdivision Subdivision: Minor � PUD: Concept Plan PUD: General Plan Comprehensive Plan Amendment Street Vacation Description of Request(s): a'sve �n e,,�j all If a request for planning /zoning action on the subject site or any park thereof has been previously approved, ple se describe it belo�r: l G� Y� /i• %hd•Y G�'n �+ : �—J�, -t1 ��a=� x ��/ � ()* Initials II�� DEC 18 2002 U �. Development Application, Page . ._ 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 (6o) Day Waiver hereby notifies applicant that development review may net be completed within the The city � lip l� 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 1 20 days unless add itlonal review. extensions -are approved by the p . owner /applicants ' 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 assessment against the properly. Applicants will be billed on a monthly basis for Planning, Engineering, Legal and community Development fees as they are accrueda 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 paid.prior the issuance of a building permits , The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Neighs shall be treated as unpaid utility fees and may be certified for collection as with delinquent utilit�r billings and may be assessed against the subject real property if unpaid by October 31 of each year. Property Address a fr .�-� d Nd� � Date: �-e. � (� oo�, PL �. Owner Signature Date: 1.6L., Applican# Signatur r Fo1z, Freem Dupay Associates, Inc: K LAND SURVEYING LAND PLANNING w-<> 5620 MEMORIAL AVENUE NORTH • STiLLWATER, MINNESOTA 55082 S (651) 439 -8833 d Fax(651)430-9331 David L. Dupay, LS Timothy J. Freeman, LS Bruce A. Folz, LS President ice President 1939-200 G24L DESCRIPTION VACATED"NAGE21" UTILITY EASEMENTS p � � All of the latted. drainage and utilit easements over Lot 1, Block 5, BOUTWELL.S LAND ING, ING accordi to the p lat thereof on file and of record in the office of-the County Recorder, Washington Comity, Minnesota. LEGAL D ESCRIPTION I -17A CA TE POR TION OF NOLAN A VENUE NOR M That p art of platted Nolan Avenue Forth from BOUTWELLS LANDING,, LANDING,, according to the plat thereof on file and of record in the office of the County Recorder, Washington Coim Minn esota lying southwesterly of the following .described line: Commencin g at the southerly most corner of Lot .1, Block 4 of said .BOIJTWBLLS LADING; 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, b ein g the point of b ' of the line to be described.; thence southeasterly, ��g perpe ndicular to said southeasterly line of Lot 1 a distance of 55.00 feet to the curve point on the southeasterl y line of said Dolan Avenue North., and said described line there terminating. I hereby =t fy that this legal description was prepared by rne, or under my direct supervision, and that I am a duly Licensed sand surveyor under the laws of the State of Mmesota. 7 � Timothy J. F Da Minnesota Li e No. 1 89 _j Ll -i - & ,� -J � P. 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