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AGENDA #:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
DISCUSSION:
ALTERNATIVES:
STAFF AGENDA REPORT
4G
JANE KANSIER, PLANNING COORDINATOR
CONSIDER APPROVAL OF RESOLUTION #96-97
PERTAINING' TO THE SUBDIVISION OF LANDS, CITY
COUNCIL APPROVAL OF CERTAIN CONVEYANCES AND
RECORDING SUBDIVISION ORDINANCES
SEPTEMBER 16, 1996
It has recently come to the staffs attention that the Scott
County Auditor and Recorder will accept and divide land within
the City upon receipt of appropriate survey and deed
information, with or without City approval. Minnesota Statute
Section 272,162 allows the City to require the County to notify
the City about any such attempted land divisions.
The process of dividing land into home sites or other uses is
one of the most important factors relating to the growth of the
City. Unauthorized land subdivisions can cause many
problems in the administration of City ordinances,
Furthermore, an unsuspecting party purchasing such a lot may
be surprised to learn that the lot is not buildable at a later date.
The proposed resolution, prepared by the City Attorney's
office, is consistent with State statutes, This resolution has the
effect of requiring the Scott County Recorder and Auditor to
refer all land subdivisions to the City prior to recording. This, in
turn, will provide the City with a better handle on the split of
existing parcels, and will also protect prospective buyers,
The Council has the following alternatives:
1, Approve Resolution #96-97 as part of the Consent Agenda
2, Remove this item from the Consent Agenda and amend or
deny Resolution #96-97
3, Remove this item from the Consent agenda and defer for
specific information,
RECOMMENDATION: The staff recommends Alternative #1.
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ACTION REQUIRED: Motion to approve Resolutio 96-97 as part of the Consent
Agenda.
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recordcc.doc
Page 2
RESOLUTION 96-97
RESOLUTION PERTAINING TO THE SUBDIVISION OF LANDS, CITY COUNCIL
APPROVAL OF CERTAIN CONVEYANCES, AND RECORDING SUBDIVISION
ORDINANCES
MOTION BY: SECONDED BY:
WHEREAS, Minn. Stat. ~ 272.16 provides for County approval of recording documents
transferring less than the whole of a parcel of lands, as charged in the tax lists,
without City approval.
WHEREAS, the process of dividing land into home sites or other uses is one of the most
important factors relating to the growth of the City,
WHEREAS, the interests of unsuspecting parties purchasing portions of tax parcels could be
negatively affected if the deed or other conveyance document is not first
approved by the City.
WHEREAS, the integrity of the Subdivision Ordinance will be bolstered by enacting this
resolution.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that
1. The City Manager is hereby authorized and directed to record the City's Subdivision
Ordinance to include any and all future amendment thereto, at the office of the Scott County
Recorder,
2, Pursuant to Minn. Stat. g 272,162 the Scott County Auditor shall not transfer or divide the
land in the official records of the County and shall not certify the instrument of conveyance
as provided in Minn. Stat. g 272.12, if:
a. The land conveyed is less than a whole parcel of land as charged in the County's tax lists;
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
b. The part of land conveyed appears within the area of application of municipal subdivision
regulations adopted and filed under Section 462,36, Subdivision 1; and
c. The part conveyed is part of or constitutes a subdivision as defined in Section 462,52,
Subdivision 12.
Unless such instrument bears a stamped certification thereon duly executed by the City that
states:
a. That the City's subdivision regulations do not apply as set forth in City Ordinance 6-1-3.
b. The subdivision has been approved by the City Council pursuant to the City's
Subdivision Ordinance; or
c, The division of taxes and filing and recording have been waived by resolution of the City
in the particular case because compliance would create an unnecessary hardship and
failure to comply would not interfere with the purpose of the City's Subdivision
Ordinance.
3. Subdivisions of land within the City shall be governed by Minn. Stat. ~ 272,162,
Passed and adopted this 16th day of September, 1996.
YES
NO
Andren Andren
Greenfield Greenfield
Kedrowski Kedrowski
Mader Mader
Schenck Schenck
{Seal }
Frank Boyles
City Manager
City of Prior Lake
RS9697CC.DOC