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HomeMy Public PortalAbout2013-46 Resolution Approving Subdivision of Property for T. Truxtun Morrison at 1525 Hunter DrMember Martinson introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION 2013-46 RESOLUTION APPROVING A SUBDIVISION OF PROPERTY FOR T. TRUXTUN MORRISON AT 1525 HUNTER DRIVE WHEREAS, the city of Medina (the "City") is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, T. Truxtun Morrison (the "Applicant") has made an application for a subdivision of property at 1525 Hunter Drive; and WHEREAS, the subject property (the "Property") is identified in Hennepin County records with the property identification number of 25-118-23-22-0005 and is legally described as: That part of the West Half of the Northwest Quarter of Section 25, Township 118, Range 23, described as follows: Commencing at the southwest corner of said Northwest Quarter; thence North 0 degrees 23 minutes 05 seconds East, assumed bearing, along the west line of said Northwest Quarter a distance of 942.21 feet to the point of beginning of the land to be described; thence continuing North 00 degrees 23 minutes 05 seconds East a distance of 870.88 feet; thence south 89 degrees 36 minutes 55 seconds east a distance of 456.63 feet to the intersection of Line "X" hereinafter described; thence South 80 degrees 31 minutes 00 seconds East a distance of 790.55 feet; thence South 45 degrees 31 minutes 10 seconds West a distance of 485.57 feet; thence South 41 degrees 19 minutes 42 seconds West a distance of 200.75 feet; thence South 00 degrees 11 minutes 05 seconds West a distance of 249.03 feet to the intersection with a line drawn South 89 degrees 48 minutes 55 seconds East from the point of beginning; thence North 89 degrees 48 minutes 55 seconds West a distance of 762.39 feet to said point of beginning. Line 'X" is described as follows: commencing at the southwest corner of said Northwest Quarter; thence North 00 degrees 23 minutes 05 seconds East, assumed bearing, along the west line of said Northwest Quarter a distance of 1277.62 feet; thence South 84 degrees 42 minutes 27 seconds East a distance of 358.20 feet; thence North 00 degrees 23 minutes 05 seconds East parallel with said west line a distance of 139.85 feet to the point of beginning of said Line "X"• thence North 13 degrees 33 minutes 19 seconds East a distance of 500 feet; and said Line "X" there terminating; and WHEREAS, the Property is approximately 18 acres in size; and WHEREAS, the Applicant proposes to subdivide the Property into a "West Parcel" approximately 7 acres in size and an "East Parcel" approximately 11 acres in size; and WHEREAS, the proposed East Parcel contains the existing house on the site; and WHEREAS, the City of Medina Planning Commission reviewed the proposed h subdivision on April 9, 2013 and May 7, 2013 and recommended approval of the request; and Resolution No. 2013-46 June 4, 2013 WHEREAS, the Medina City Council reviewed the proposed subdivision at the May 21, 2013 City Council meeting and, provided the terms and conditions noted within this resolution are met, made the following findings of fact: 1. The proposed division is not in conflict with the general and specific plans of the City and is not premature as defined in Section 820.28 of the Subdivision Ordinance as conditioned. 2. The physical characteristics of the site are suitable for the proposed density of development and meets minimum lot size and other requisite zoning performance standards. 3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or public health problems. 4. The design of the subdivision and the proposed improvements will not conflict with public or private streets, easements or right-of-ways. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that approval of the division be granted to the Applicant, subject to the following terms and conditions: 1. The Applicant shall provide proposed legal descriptions of the East Parcel and West Parcel for review and approval by the City and such legal descriptions shall match the subdivision shown on the survey received by the City on March 23, 2013. 2. The Applicant shall convey drainage and utility easements to the City as recommended by the city staff. 3. The Applicant shall convey Upland Buffer easements and install upland buffers around the wetlands as required by City ordinance. 4. The Applicant shall pay $8000 cash -in -lieu of park dedication prior to filing necessary paperwork with Hennepin County to effectuate the subdivision. 5. The Applicant shall complete improvements to the private road providing access to the site to meet the Subdivision Ordinance standards of 20 feet in width in a manner acceptable to the City. Such improvements shall be constructed prior to the issuance of any building permit on the West Parcel. Notwithstanding the above, a building permit may be issued on the West Parcel if the Applicant executes an agreement and provides a financial guarantee, both of form and substance acceptable to the City, to ensure completion of such improvements. 6. The Applicant shall provide a plan acceptable to the City to access the West Parcel prior to filing necessary paperwork with Hennepin County to effectuate the subdivision. Such plan shall not impact the improvements that others legally utilize unless an agreement can be reached regarding maintenance. Resolution No. 2013-46 2 June 4, 2013 7. The Applicant shall meet the requirements of the city attorney with regards to title issues and recording procedures and any other documents necessary for placing this approval into effect. 8. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the subdivision and reviewing and preparing other relevant documents. 9. The Applicant shall file necessary paperwork with Hennepin County to effectuate subdivision within one year of approval or such approval shall be null and void. Dated: June 4, 2013. Attest: By: Scott T. Johns. City Administrator -Clerk By: Eliabeth Weir, Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Anderson and upon vote being taken thereon, the following voted in favor thereof: Anderson, Martinson, Pederson, Weir And the following voted against same: (Abstained: Martin) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2013-46 3 June 4, 2013