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HomeMy Public PortalAbout2023-42 Reso 562-552 Hwy55 RearrangementResolution No. 2023-42 April 4, 2023 Member Albers introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 2023-42 RESOLUTION APPROVING LOT LINE REARRANGEMENT BETWEEN 562 AND 552 HIGHWAY 55 WHEREAS, the city of Medina (the “City”) is a municipal corporation, organized and existing under the laws of Minnesota; and WHEREAS, Arul Jothi Ramalingam and Eswari Arul Jothi (the “Parcel 1 Owners”) own land located at 562 Highway 55 (“Parcel 1”), which is legally described as Parcel 1 in Exhibit A, attached hereto; and WHEREAS, Thomas and Margaret Dykhoff (the “Applicants”) own land located at 552 Highway 55 (“Parcel 2”), which is legally described as Parcel 2 in Exhibit A, attached hereto; and WHEREAS, on February 21, 2023, the City Council adopted Resolution 2023-22, approving a lot combination which added Tract C, Registered Land Survey No. 161 ("Tract C") to the remainder of Parcel 1; and WHEREAS, Tract C includes a narrow strip of land that extends north of the remainder of Parcel 1 and is directly adjacent to Parcel 2; and WHEREAS, the Applicants have requested approval of a lot line rearrangement so that they may acquire said narrow strip of land and combine it with Parcel 2; and WHEREAS, the proposed lot line rearrangement would result in Parcel 1 and Parcel 2 being legally described as in Exhibit B, attached hereto; and WHEREAS, the City Council reviewed the requested lot line rearrangement at the April 4, 2023 meeting, reviewed the information and recommendation provided by City staff, and accepted testimony of interested parties; and WHEREAS, following such review the City Council made the following findings: 1) The proposed lot line rearrangement is not in conflict with the general and specific plans of the City and is not premature. 2) Although the new configuration of Parcel 1 resulting from the proposed lot line rearrangement would not meet minimum lot size requirements as proposed, the cumulative outcome of the lot combination previously approved by Resolution 2023- 22 and this proposed lot line rearrangement results in an increase in the area of both Resolution No. 2023-42 April 4, 2023 parcels. This request therefore serves the purposes of the city zoning and subdivision regulations. 3) Adding the narrow portion of land to Parcel 2 is more suitable for the type of use contemplated. 4) The lot line rearrangement is not otherwise in conflict with the findings noted in Subd. 10 of Section 820.21 of the City Code. NOW, THEREFORE BE IT RESOLVED, that the City Council of Medina, Minnesota hereby approves the lot line rearrangement such that the resulting parcels shall be legally described as shown in Exhibit B, attached hereto, subject to the following conditions: 1) The Applicants and the Parcel 1 Owners shall abide by any direction of the City Attorney related to title and recording matters. 2) The Applicants shall pay to the City a fee in an amount sufficient to reimburse the City for the cost of reviewing the lot line rearrangement and other relevant documents. 3) The lot line rearrangement shall be effectuated by the Owners within 180 days of the date of this resolution or the approval shall be considered void, unless a written request for time extension is submitted by the applicant and approved by the City Council. Dated: April 4, 2023. Kathleen Martin, Mayor ATTEST: Caitlyn Walker, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member DesLauriers and upon vote being taken thereon, the following voted in favor thereof: Albers, Cavanaugh, DesLauriers, Martin And the following voted against same: (Absent: Reid) None Whereupon said resolution was declared duly passed and adopted. Resolution No. 2023-42 April 4, 2023 EXHIBIT A Existing Legal Description of the Parcels Prior to Lot Line Rearrangement Parcel 1 Parcel 2 Resolution No. 2023-42 April 4, 2023 EXHIBIT B Proposed Legal Description of the Parcels After the Lot Line Rearrangement Parcel 1 That part of Lot 4, Auditor's Subdivision No. 241 Hennepin County, Minnesota described as follows: Commencing at the intersection of the Northerly line of Trunk Highway Number 55 and the Westerly line of said Lot 4, Auditor's Subdivision Number 241; thence North on said West line 220 feet thence angle right 104 degrees 10 minutes distant 350 feet; thence South and parallel to said West line of said Lot 4 to the Northerly line of said Trunk Highway Number 55, thence Westerly along the Northerly line of said Trunk Highway Number 55 to place of beginning; lying Easterly of a line drawn form a point in the Northerly line of the above described tract distant 240 feet Easterly from the West line of said Lot 4 to a point in the Northerly line of Trunk Highway Number 55 distance 200 feet Easterly from the Westerly line of said Lot 4, Hennepin County, Minnesota. AND That part of Tract C, REGISTERED LAND SURVEY NO. 161, Hennepin County, Minnesota lying southerly of the easterly extension of the southerly line of Tract B, said REGISTERED LAND SURVEY NO. 161. Subject to any easements of record. Parcel 2 Tract B, REGISTERED LAND SURVEY NO. 161, Hennepin County, Minnesota. AND That part of Tract C, REGISTERED LAND SURVEY NO. 161, Hennepin County, Minnesota lying northerly of the easterly extension of the southerly line of Tract B, said REGISTERED LAND SURVEY NO. 161. Together with an easement for driveway purposes over Tract C, said REGISTERED LAND SURVEY, as shown in deed Doc. No. 385185.