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Home My Public Portal About2005-054 Resolution Approving Final Plat of Medina Clydesdale MarketplaceMember Cavanaugh introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.2005-54 APPROVING FINAL PLAT OF MEDINA CLYDESDALE MARKETPLACE ON PROPERTY GENERALLY LOCATED NORTHWEST OF MINNESOTA TRUNK HIGHWAY 55 AND COUNTY STATE AID HIGHWAY 101 WHEREAS, Ryan Companies US, Inc., (the "Applicant") has requested approval to plat the property legally described on Exhibit A attached hereto as Medina Clydesdale Marketplace (the "Plat"); and WHEREAS, the city council of the city of Medina (the "City") has previously granted preliminary approval of the Plat; and WHEREAS, the Applicant has now submitted the final Plat for approval, which final Plat has been reviewed for its conformance with the terms and conditions of preliminary approval and with the City's land use regulations. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA, MINNESOTA, that it should and hereby does approve the final plat of Medina Clydesdale Marketplace, subject to the following terms and conditions: 1. A final Plat hereby approved is that plat dated September 20, 2005, or any revision thereto as may be approved by the city attorney. 2. Approval is contingent upon finalization of rezoning of the land within the Plat from UC (Urban Commercial) to PUD-UC (Planned Unit Development -Urban Commercial) and approval of the PUD final plan for the development to be constructed thereon. 3. A development agreement, in form and substance satisfactory to the City, must be executed by the Applicant and the City and recorded against title to the land within the Plat. The terms and conditions of the development agreement are incorporated herein. Terms used herein shall have the same meaning as in the development agreement unless defined differently in this resolution. 4. An easement for the necessary right-of-way for Clydesdale Trail over the site occupied by Valvoline must be obtained from Ashland, Inc. or the Developer shall submit a revised plat for the Target lot consistent with the original plat depicted in Exhibit K to the development agreement to allow for an alternate alignment of Clydesdale Trail around the Valvoline site. Resolution No. 2005-54 September 20, 2005 5. Drainage and utility easements needed in connection with development of the adjacent Ace Properties site to the east must be executed by the Applicant and delivered to the City. 6. The Plat is subject to access and parking agreements between the Applicant and Ace Properties. The access and parking agreements must be satisfactory to the City in form and substance. 7. A private road or access easement between the ballroom and motel properties, satisfactory in form and substance to the City, must be filed with Hennepin County. 8. The final Plat must be filed with Hennepin County within 120 days of the date of this resolution granting final approval. Thereafter, the final Plat shall be considered null and void unless a written request for time extension is submitted by the Applicant prior thereto and approved by the City. 9. The Applicant shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the Plat and related documents. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MEDINA that the mayor and the clerk -administrator are authorized to sign the plat of Medina Clydesdale Marketplace on behalf of the City and the city attorney is authorized to deliver the executed Plat to the Applicant at such time as (i) the City receives a policy of title insurance from Old Republic Title Company with regard to the MnDOT right-of-way property to be utilized for a portion of Clydesdale Trail, which policy shall be in form and substance similar to the pro forma policy previously delivered to the City and is otherwise satisfactory to the city attorney; (ii) the conditions precedent to the Developer's obligations as outlined in section 3.3 of the development agreement have been satisfied or waived by the Developer; and (iii) the Developer has made such additional changes or modifications to the final Plat as are required by the City. Dated: September 20, 2005 Attest: Chad M. Adams, City Administrator - Clerk Bruce D. Workman, Mayor Resolution No. 2005-54 September 20, 2005 2 The motion for the adoption of the foregoing resolution was duly seconded by member Weir upon vote being taken thereon, the following voted in favor thereof: Brinkman, Weir, Workman, Cavanaugh, Smith And the following voted against same: None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2005-54 September 20, 2005 3 EXHIBIT A TRA Parcel 1: Lot 1, Block 3, Cherry Hill Farm, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Property Parcel 2: Outlot C, Cherry Hill Farm, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Property Parcel 3: That part of Lots 20 and 21, Auditor's Subdivision Number 241, Hennepin County, Minnesota, described as commencing at a point on the East line of said Lot 21 distant 354.13 feet South from the Northeast Corner of said Lot 21; thence West, at right angles to said East line, a distance of 800 feet; thence South, at a right angle, 130.88 feet to the actual point of beginning; thence West, at a right angle, 150 feet; thence South at a right angle, to the intersection with the Northerly right of way line of State Trunk Highway No. 55; thence Easterly along the Northerly right of way line of State Trunk Highway No. 55 to its intersection with the West line of the East 800 feet of said Lots 20 and 21; thence North along said West line to the actual point of beginning. Abstract Property CC&M That part of Lot 21, Auditor's Subdivision Number 241, Hennepin County, Minnesota, described as follows: Beginning at the Southwest corner of Lot 22 of said Auditor's Subdivision No. 241; thence West along the North line of said Lot 21 a distance of 324.21 feet to the Northwest corner of said Lot 21; thence South along the West line of said Lot 21 a distance of 360.0 feet; thence East at right angles (approximately 490 feet) to a point on the West line of the East 1150 feet of said Lot 21; thence North along the West line of the East 1150.0 feet to the North line of said Lot 21; thence West along the North line of said Lot 21 to the point of beginning. Abstract Property Resolution No. 2005-54 A- 1 September 20, 2005 Wallace Cates, Jeffrey Cates and Robert Mattson Outlot A, Cates Medina Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Property City of Medina The West 100 feet of the East 110.00 feet of the North 100.00 feet of the South 286.00 feet of that part of Tract A, Registered Land Survey No. 161, lying Northerly of a line drawn parallel with the North line of said Tract A from the Northeast corner of Tract C, said Registered Land Survey, County of Hennepin. Being registered land as is evidenced by Certificate of Title No. 629694. Medina Recreations Inc. That part of Tract A, Registered Land Survey No. 161, Hennepin County, Minnesota, lying South of a line drawn parallel with the North line of said Tract A from the Northeast corner of Tract C, said Registered Land Survey to the East line of said Tract A and East of a line 60 feet East of, measured at right angles to and parallel with the Northerly and Southerly extension of the East line of said Tract C. Being registered land as is evidenced by Certificate of Title No. 562211. The Raskobs That part of Tract A, Registered Land Survey No. 161, Hennepin County, Minnesota, lying North of a line drawn parallel with the North line of said Tract A, from the Northeast corner of Tract C, said Registered Land Survey to the East line of said Tract A, and East of a line 60 feet East of, measured at right angles to and parallel with the Northerly extension of the Easterly line of said Tract C, except the West 100.00 feet of the East 110.00 feet of the North 100.00 feet of the South 286.00 feet thereof. Being registered land as is evidenced by Certificate of Title No. 1138863. Medina Motor Inn Lot 1, Block 1, T.R.A. Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Property Resolution No. 2005-54 A-2 September 20, 2005