HomeMy Public PortalAbout1992-004Member
adoption:
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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
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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
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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:
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and the following voted against same:
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Whereupon said resolution was declared duly passed and adopted.
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