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Home My WebLink About8C - Lakeside Park 1st Addn. AGENDA #: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: STAFF AGENDA REPORT 8C JANE KANSIER, PLANNING COORDINATOR CONSIDER APPROVAL OF RESOLUTION 96-76 APPROVING A REGISTERED LAND SURVEY (RLS) FOR PROPERTY ORIGINALLY DESCRIBED AS LOTS 1 AND 2, FIRST ADDITION TO LAKESIDE PARK AUGUST 5, 1996 The Planning Department has received a request for approval of a Registered Land Survey by Norbert Traxler, representing Henry Ballard. The property in question is located in the northwest quadrant of the intersection of Park Avenue and Green Heights Trail. Two of the lots involved in this RLS are currently developed with addresses of 16444 and 16458 Park Avenue. Mr. Ballard is in the process of registering his property via the torrens system. He is requesting that the Council approve this registered land survey. The authority to require a Registered Land Survey lies with the County Registrar of Titles. An RLS is often required in order to provide a means of simplifying a complicated and lengthy metes and bounds legal description. In these cases, it is often better to substitute a picture, or survey, and a simple tract number for the lengthy description. There are no dedications allowed in an RLS. Section 6-8-1 of the Subdivision Ordinance outlines the City of Prior Lake's requirements for an RLS. The section states that "all registered land surveys shall be presented to the City Council in the form of a final plat to be processes in accordance with the standards set forth in this chapter for final plats. Registered land surveys shall only show existing property lines and easements and other existing features as may be appropriate". The City treats an RLS as a final plat since it changes a lengthy description to a specific RLS and tract number, assigned by the Scott County Registrar of Titles. However, an RLS is a subdivision or a plat that does not create 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER any new parcels; it is merely a pictorial representation of an existing legal description. DISCUSSION: This property is located along Park Avenue and Green Heights Trail, and was originally platted as lots 1 and 2, First Addition to lakeside Park. In 1979, Mr. Ballard subdivided the property into three separate lots, with the approval of the City. Two of the three lots have been developed with single family dwellings and sold. The third lot remains undeveloped, but has also been sold. The 1979 survey subdividing these parcels took the legal description tc? the shore of Prior Lake, which went beyond the original plat description. During the sale of the third parcel, the title insurance company raised an objection to this description. A torrens registration proceeding was commenced to cure the title defect, at which time the RlS was required. ISSUES: There are no real issues involved in this application. It is important to remember that the RLS does not create any new lots; its purpose is to simplify a legal description.. ALTERNATIVES: 1. Approve the RLS as requested. 2. Table or continue the request for specific information. RECOMMENDATION: Alternative #1 ACTION REQUIRED: Adopt Resolution 96-76 ac pting the proposed Registered Land s~. Reviewed By: rls96064.docljak Page 2 RESOLUTION 96-76 RESOLUTION PROVIDING FOR THE APPROVAL OF A REGISTERED LAND SURVEY SUBMITTED BY HENRY BALLARD, FOR THE PROPERTY ORIGINALLY DESCRIBED AS LOTS 1 AND 2, FIRST ADDITION TO LAKESIDE PARK MOTION BY: SECOND BY: WHEREAS, the City Council reviewed this Registered Land Survey (RLS) on August 5, 1996, according to the procedures outlined in Section 6-8-1 of the City of Prior Lake Zoning Ordinance; WHEREAS, the City Council determined that the RLS does not create any new lots, and is a pictorial representation of the metes and bounds description of the three existing parcels; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it does hereby approve the Registered Land Survey submitted by Henry Ballard as shown in the attached Exhibit A. Passed and adopted this 5th day of August, 1996. YES NO ANDREN GREENFIELD KEDROWSKI MADER SCHENCK ANDREN GREENFIELD KEDROWSKI MADER SCHENCK Frank Boyles, City Manager City of Prior Lake - { Seal} res9676.doc/jak 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER pf\Of \...o'l.e E.\.. 90~ 0 , 9& 22 . 4 I EXHIBIT .. A" REGISTERED LAND SURVEY NO. SCOTT COUNTY. MINNESOTA ~ ,'-' ..;j" .,:' ~.., ~!' / ....... ~: / ,i .,.J1/~ ,j C I N E "t..n". of I 101 '3 -, I ~ Vi -. - \ I~ ... - ~ 4 c. ~ ,. j 0 I- ,! z S! 8 :i 0 :;. ... a:: - ~ ~ ~ S) a - . ~ '0 .. ~ Ll: . ~ "'7 .. .)~ :: J . - J Th. !'Iv.,n 111'1. of 1..1 Jon... ". W"y ..'''''''':In NS..," VS' Jl"W - 255 * 'U --8763.. ~l :1'-- -----" \ / 'l/ W 1/4 corner ...- /~Th"EIIYI,neo' of~.1l4.ZZ J.56,' OJIIOI A, SPRIIIG ~47"5"Z4. E BROOK PARK '--.'-'- -.- .-'--'- -.. - --- ~ o 40 eo L--_,__ J SCAL..E IN FEET Denotes Iron monument found Denotes 1/2 inch x 14 Inen Iron monument set and marked by lIeans.. No 101 e 3 . .70 :54.. , . -.18773 A -', ..../ por.,J I'lt, ...."t. tll.. r.;wrfr. !lOlL" . 'la;;.()El'V.w ' '~I,,/ viol ~ 30 00 t \... i~,}J ' :: '::~~ 1 -. - ~.." +--- ~,: ~ ~ o - ~~3 i 0\1 Z ~I I .:t :l~ . J ,'J- . . ..~o 00. t B ..IZOOO.. '..277,97... S8S"/Z"4"E Tne Soulh Itne of JOI I ond I ' .-: t::, .-: E. ^. I 1 W Iy ..'.nllon ..., \ 1,.. ., 'I " i ;: f ~.; r ~. ;- s o . j-[7 ,~\ : ~. '- SE o;o.n". 0' 1..1 I M~h~ Ie- t; r;~ 'fo lJ L ~ J 1 ~i"" Z Vl't tI ~ . 5J~~ '"f- '-...... t. L. '> (0 fa r ~ ~ i r I ~,c GC.~iA.- I w d I 7 ~ f- rt- /11'1 Jet ~ s &i S S('fl1- q"::l ~ L, 1t"" "- f~.o.'\. t- w '^-' PRE' IM'"'.-y ~vJ The East line of tfle plat \oJf FIRST AOO'N TO I..AKESIOE PARK has been ~esIQna'ea 0 b.arlno of NOI.OTIS.W Va I ley Surveying Co., F? A. ATTORNEYS AT LAW LAW BUILDING 222 EAST MAIN STREET P. O. BOX 105 NEW PRAGUE, MINNESOTA O'NEILL, TRAXLER, ZARD, NEISEN & ROBERT o. O'NEIll NORIJERT B. TRAXLER STEVEN D. ZARD CHRISTOPHER A. NEISEN CHRISTOPHER E. MORRIS , 8-2568 Fax: 758-2599 June 26, 1996 Mr. James Walston Prior Lake City Attorney 1380 Corporate Center Curve, Suite 317 Eagan, Minnesota 55121 Mr. Don Rye City of Prior Lake Planning and Zoning Office 4629 Dakota Street SlOE. Prior Lake, Minnesota 55372 RE: Registered Land Survey Lots 1 and 2, First Addition to Lakeside Park Dear Mr. Walston and Mr. Rye: Pursuant to our meeting of June 24, 1996, I am enclosing copies of deeds to show the timing and sequence of the deed out on the three lots that are the subject of the torrens proceedings. The Ballards acquired the property by deed dated October 24, 1978 and recorded as Document No. 167258. The description was Lots 1, 2 and 3, First Addition to Lakeside Park. The first deed out was January 12, 1979 as reflected by Exhibit "A" attached hereto. That deed covered Parcel A which was deeded to Choudeks on October 29, 1992. This is shown on Exhibit "B" attached hereto. Parcels Band C were deeded to Integrity Development, Inc. by deed dated July 21, 1994 shown on Exhibit "C" attached hereto. The legal description on that Exhibit refers to Parcels A and B, however, this does not correlate with the designations set forth on the Valley Engineering Survey. Exhibit "0" shows a conveyance to McPhail who is the present land owner of record. Mr. James Walston Mr. Don Rye June 26, 1996 Page Two The last parcel was deeded to Barbara Ann Hahn on August 31, 1994 which is shown on Exhibit "E". This would be the last fee owner of record which is set forth in the torrens application which prompts the RLS. Should you need anything further, please advise. Yours very truly, O'NEILL, TRAXLER, ZARD, z... s: & ~.OR..RIS~ LTD_, /, GJr-'f"-- 't I~ I . ,", I -., / " ,:; 1) \ \ / (\/1,.:--<:. . ~ ert B. Traxler I NBT/cln Enclosures P.S. Mr. Rye: I am also enclosing the Final Plat Application Form and a check in the sum of $15.00.