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HomeMy Public PortalAbout1992-004Member adoption: Atae.// introduced the following resolution and moved its CITY OF MEDINA RESOLUTION NO. 9:;? 7/J RESOLUTION REAFFIRMING FINAL SUBDIVISION APPROVAL OF SOUTH RIDGE FARM WHEREAS, in 1990 the City of Medina (City) received an application from M.L. Realty and Construction, Inc. (M . L . ) to plat certain property located on Co. Rd. 24 owned by Thomas Reiser and Helen Reiser (Reisers) as South Ridge Farm; and WHEREAS, prior to final approval of the plat of South Ridge Farm, the City caused the title to the property to be examined by the city attorney and the title examination revealed the only ownership interest to be that of the Reisers; and WHEREAS, the City Council of the City of Medina (City Council) granted final plat approval for South Ridge Farm on December 18, 1990; and WHEREAS, unbeknownst to the City, the Reisers sold Lots 1 through 4, Block 1 and Outlots A and B , South Ridge Farm to M.L. by an unrecorded contract for deed dated November 12, 1990; and WHEREAS, unbeknownst to the City, M.L. sold Lot 2, Block 1 to Barry Levins and Renee Levins (Levins); Lot 3, Block 1 to Mary Dunbar (Dunbar); and Lot 4, Block 1 to Douglas Cooley and Ann Cooley (Cooley), all by unrecorded contracts for deed dated November 12, 1990; and WHEREAS, the City prepared a Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road dated March 18, 1991 (Original Private Road Agreement) which document, in reliance on the title review performance by the city attorney, was executed by only the Reisers and the City; and xHB2e221 ME230-94 WHEREAS, the Original Private Road Agreement was not filed of record until April 2, 1991; and WHEREAS, Section 820.23, Subd. 6, of the Medina code of ordinances requires that all plats be filed within 60 days of the date of final approval by the City Council; and WHEREAS, the plat of South Ridge Farm was not filed until June 5, 1991; and WHEREAS, the Reisers sold Lot 1, Block 1, South Ridge Farm by warranty deed to M . L . and M. L . sold Lot 1, Block 1 by warranty deed to Alan Noot and Candace Noot (Noots) in June, 1991; and WHEREAS, various parties have contested the validity of the plat of South Ridge Farm because of the delay in filing the plat with Hennepin County after the date of final plat approval and because they did not execute the plat despite having an ownership interest in the land at the time of final plat approval; and WHEREAS, various parties have asserted that they are not bound by the terms and conditions of the Original Private Road Agreement because it was recorded after the date they acquired an interest in the property and had no previous knowledge of the Agreement; and WHEREAS, the City has now received a petition from all parties having an interest in land within South Ridge Farm requesting the City to reaffirm its approval of the plat; and WHEREAS, all parties having an interest in the land within South Ridge Farm have executed a Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road dated January 7, 1992 (New Private Road Agreement); and WHEREAS, all parties have petitioned the City to take all actions necessary to establish the validity of the plat of South Ridge Farm and necessary to allow development of the lots included therein for construction of single family homes; and RHB28221 ME230-94 2 WHEREAS, the City Council would not undertake to reaffirm its approval of the plat of South Ridge Farm except upon specific petition of all the parties and on the basis of the representations and warranties made by the parties in the petition and the New Private Road Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that final approval of the plat of South Ridge Farm is hereby reaffirmed, conditioned upon the following terms: 1. All parties shall have executed the New Private Road. 2. All parties shall have executed a Termination of Declaration of Covenants, Conditions, Restrictions and Maintenance Agreement for a Private Road. 3. The parties shall pay to the City all fees due regarding the review of this matter. Dated: 2 .cr ? /, 1992. ATTEST: DeLJ-2.gri J Donna Roehl, Clerk -Treasurer �/ The motion for the adoption of the foregoing resolution was duly seconded by / i1 � 0,5 member and upon vote being taken thereon, the following voted in favor thereof: ro/2-) i 'e5��/Lae7/ and the following voted against same: /14 5 e g.//74d , -S�i ems✓ , Whereupon said resolution was declared duly passed and adopted. RHB28221 ME230-94 3