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Home My Public Portal About1992-032Member hifehe( i introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 9a-3a. RESOLUTION GRANTING FINAL APPROVAL FOR A LOT DIVISION/COMBINATION FOR CLINTON AND GERTRUDE THIES AND UNITED POWER ASSOCIATION WHEREAS, Clinton and Gertrude Thies ( Thies) are the fee owners of certain property located near Co. Rd. 24 and Willow Drive, which property is legally described on Exhibit A attached hereto; and WHEREAS, United Power Association (UPA) is the fee owner of certain property located west of Willow Drive adjacent to the Thies property, which property is used for an electrical power substation and is legally described on Exhibit B attached hereto; and WHEREAS, UPA wishes to purchase that portion of the Thies property west of Willow Drive (Subject Property) for combination with its existing lot to accommodate an expansion of the substation, in accordance with the survey attached hereto as Exhibit C; and WHEREAS, the Subject Property, which is legally described on Exhibit D attached hereto, is zoned for rural residential use but does not contain adequate soils to permit construction of an individual septic system; and WHEREAS, because of the lack of adequate soils for an individual septic system, the city would never permit the division of the Thies property but for the representations made by UPA regarding the proposed use of the land; and WHEREAS, the city staff has reviewed this matter to assure compliance with the terms and conditions of preliminary approval. RHB34800 ME230-147 NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota that final approval be granted a lot division/combination for Thies and UPA for the described property, subject to the following: 1. No park dedication fee shall be required due to the fact that the Subject Property will not be used for residential purposes; 2. The Subject Property must be combined with the UPA property and the combined Parcel must be subject to a restrictive covenant in a form acceptable to the city attorney prohibiting its use for residential or any other purpose requiring the construction of an individual septic system; and 3. Thies and UPA must pay to the city for administrative expenses the amount determined by the city staff to represent the actual cost to the city of reviewing the lot division/combination. Dated: VI, /�f , 1992. ATTEST: lk-TG reasurer 4ag. Laura L . MoMde, �Cf, The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof : iQr0Mite) , / &/o w1 and the following voted against same: Tie Tnres 19b5(aieeo(. Abserff- : SeMrer Whereupon said resolution was declared duly passed and adopted. RHB34800 ME230-147 2 EXHIBIT A Clinton Thies Existing Legal Description The West 990 feet of the Southwest Quarter of Section 22, Township 118, Range 23, except that part thereof embraced within Registered Land Survey No. 1200, Files of the Registrar of Titles, County of Hennepin, and except that part thereof lying Easterly of the centerline of Willow Drive and lying Northerly of a line described as follows: Commencing at the Northwest corner of said Southwest Quarter; thence East along the North line of said Southwest Quarter a distance of 166.5 feet to the point of beginning of the line being described; thence deflecting right 37° 18' to the East line of said West 990 feet, and there ending. The Southeast corner and the Northeast corner of the West 60 rods of the Southwest Quarter of the Southwest Quarter said Section, Township and Range are marked by Judicial monuments. (Torrens) ALSO That part of the West 990 feet of the Southwest Quarter of the Northwest Quarter of Section 22, Township 118 North, Range 23 West of the 5th Principal Meridan, lying southerly of the centerline of County Road No. 24, easterly of the centerline of Willow Drive, and northerly of a line described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Northwest Quarter; thence East along the South line of said Southwest Quarter of the Northwest Quarter to its point of intersection with the East line of the West 990 feet of said Southwest Quarter of the Northwest Quarter, said point being the point of beginning of the line being described; thence deflecting left 150 degrees to the west line of said Southwest Quarter of the Northwest Quarter and said line there ending. (Abstract) ALSO That part of said Southwest Quarter of the Northwest Quarter lying westerly of the centerline of Willow Drive and southerly of a line drawn east perpendicular to the West line of said Southwest Quarter of the Northwest Quarter from a point thereon distant 368.40 feet north of the Southwest corner of said Southwest Quarter of the Northwest Quarter. (Abstract) EXHIBIT B United Power Association Legal Description That part of the Southwest Quarter of the Northwest Quarter of Section 22, Township 118 North, Range 23 West on the 5th Principal Meridan, described as follows: Beginning at a point of the West line of said Southwest Quarter of the Northwest Quarter distant 368.40 feet north of the Southwest corner thereof; thence East at a right angle from said West line a distance of 425.84 feet to the centerline of Willow Drive; thence Northwesterly along said centerline to the West line of said Southwest Quarter of the Northwest Quarter; thence south along said West line to the point of beginning. (Abstract) 'ON LaxS uva .ax•,1 BiVDS V10S3NNIW'A1Nf100 NId3NN3H EZ-13LL—ZZ N01103S NI NOLLVIOOSSV 1:13MOd a311Nn k10d NOISIAIO A1113d0iid 03S0dOFld l 11-0- ld s nnv /asari 9u+,i iu—f3 vensuri z�r .umu'fJ'VS or, ei . mI onwD �NI '011311Noa9 29 n WO3 ...'"""?. ... 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W e ,v bN e; xi: % ca , n + .. ;«��e�«� W 131v...w xanu ..w.11.1 4.00.04 Nf ...�W o ,«e •upo.Vi v ..a., ti s. 3c�4x • ,.,yi10.1.09 °e 7:11 1 w,ei.'....:ro"..44.9 Niglio .we «, ei;.a� ro ; Wa W v. 1e .« �aY Y.. e.e •w+1«111-nAl wlasua .+.ro a.u+f1N 1aa.'E•WI qW .•., ro f .w, x .v, =0 10.41409 Pl. le a wa esev «I.a.,....1 T1 + . • , io „ •ex .,.ef EL i •u1i•.1w1%a v a• .„..ro.:1. `11;..fsv^v,`le , 1 oea + x v, v. 40 M1gw.t VlOS3NNIW'A1N1100 NId3NN3H £Z-8L1.—ZZ N01103S NI NOLLVIOOSSV 1:13MOd 4311Nf1 110d NOISIAIO Al.H3d0Hd 03S0dOLId 1�d0N 037r)C3 EXHIBIT D Subject Property That part of the West 990 feet of the Southwest Quarter of Section 22, Township 118 North, Range 23 West of the 5th Principal Meridan, which lies westerly of the centerline of Willow Drive, except that part of said West 990 feet embraced within Registered Land Survey No. 1200, Files of the Registrar of Titles, County of Hennepin. (Torrens) ALSO That part of the Southwest Quarter of the Northwest Quarter of Section 22, Township 118 North, Range 23 West of the 5th Principal Meridan, lying westerly of the centerline of Willow Drive and southerly of a line drawn east perpendicular to the West line of said Southwest Quarter of the Northwest Quarter from a point thereon distant 368.40 feet north of the Southwest corner of said Southwest Quarter of the Northwest Quarter. (Abstract)