HomeMy WebLinkAbout87-048x n,z ?y
RESOLUTION ' 87- 48�_
RESOLUTION PARTIALLY VACATING.THR PLAT OF
1
TITUS 2ND, ADDITION, SCOTT COUNTY, X1NNESOTII
K!OTION ,9Y fITZQgtAI� SECONDED BY
Y
AREAS the. lina� plat for Titus 2nd Addition, Scott County
Minnaso,a vase by the
approved City°Council of the City of Prior Lake
on March. 4, 1l7V and said plat, " filed with,Scott County Recorder's
Office, On April " 19, 1974,. and
.,
NAERnS., he, sinutes of the City Council dated April 2.5, 1977 and as
further svidenced.by Resolution No. 77 -12 approved the vacation of a
portion. of Foothill Trail, the princip road.throu�h th". fat and`,:"
p
main, access road . t East lot lanes o! Lots ll 13, and
Ea °:st o! the
WHEF.EAS >,. tho ,minutes of the May 9 1977 City Council meeting indicate`
the of the
al vacation o Titus 2nd Addition and further
d
dir that the .City Manager send copies to pro r= personnel in
Scott County notilyinq
them of the vacation of Titus 2nd Addition",,
and
WHEREAS, & . litter dated May 19, 19177s by the City Manager, of
the City of City of was recorded - the Scott Count Recorder's
that." b s June. 1, '1977" at 3:00 .a. as Document No. 15929 indicating
t hat 'a - of
portion Foothill Trail accordin to: the plat of Titus 2nd
-- Addition,." Scott County,,Minnesota, 1 i Easterl of the Northerly
two
extension o!`the Sasterly line of Lo '�, Block of said plat., of
Titus .2nd Addition. has been legally vacated, and
WHZRZAS th" "followinq lota of Titus.2nd Addition were subsequently
soldmby William Henning' and building permits, were issued as those
lots, hid access to bbl
puic roads: Lots 11 and 12, Block One; "Lots 1,
13 and 14 Block s -
Two, Titus Addition, Scott County, Minnesota,
d.
an .
f SAS, "the City Council for the City of Prior Lake ssed Oinance
ppa
No. 75 -12 on, �iugust 25,,. in
which :Section 4.2 of tbe City of
Prior Lake Zoninq Ordinance was amended.-to plattin Yin,areas
qg
" within the City of Prior Lake without sanitary sewer and water,; and"
WHEREAS, the plat , o! Titus . 2nd Addition is located:, within an area,
without access,. to sanitary newer and water, and
A
WMI UAS; Minnesota Statutes, Chapter" 4621.358, 8ubd 3 (a ,! a
codification of the common law o! the State. o! Ninnesok"?
, permits the
'to.
governi . body o! a munici lity
ppaa require rs a subdivide to submit a
a
new appcation for subdivision roval " ollowinq two years alter
final
plat approval' unless'isubstanial physical activity.and.,
investment has
occurred; in r,"asonable reliance upon the previous
lira:
approval and'thr subdivider.,vill suffsr."substantial financial,
r
d qe as. a consequonce of a, requirement to submit a nNi: application, j}
\ / Y.
o
f
M4 1r. —, .,..:. . ,..... - tae.`", elR:':Wl: °rAi ,d > ,Y.a •" a.... : '[o. .. 1 :.
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' ` RESOLUTION 87 48 - »1
RESOLUTION PARTIALLY VACATING THE PLAT OF
TITUS'2ND ADDITION, SCOTT COUNTS, NZNRESOTr
MOTION BY FITZGERALD f ' SECONDED it SCOTT
WHEREAS, the final plat for Titus 2nd Addition, Scott County €
Minnesota was approved by the City Council of the City of Prior Lake
on March 4, 1974 ,and said plat was filed wtScott,County Recorder's
Office On April 19, 1974, and .
WHEREAS, the minutes of the City Council dated Apri 25, 1977 and as
further evidenced by Resolution No. 77 -12 approved the vacation of a
portion of Foothill Trail, the principal road through the' plat and ,_
main access road, East of the East lot lines of Lots .11 and 13, and
WHEREAS, the minutes,of the May 9 1977 City Council meeting indicate
the approval of the vacation o Titus 2nd Addition and further n
directed that the City Manager send copies to pro r personnel in
Scott County notifying them of the vacation of Titus 2nd Addition,
and
WHEREAS; a letter dated May 19, sign
ed by the City Manager� L'
the City of Prior Lake was recorded in the Scott County Records-
office on June 1, 1977 at 3:00 p.m. as Document` 155929 indicating
thatt'a portion of Foothill Trail according to the pat of Titus 2nd
Addition, Scott County, Minnesota' lyying Easterly oiT4 Northerly
i extension of the Easterly line of Lot 13, Block Two of said plat of., -
Titus has been le all` f
� g y vacated,: and
WHEREAS, the following lots of Titus 2nd Additi�h were subsquantly
sold by William Henning and building permits were issued as`those
lots had access to public roads: Lots 11 and 12, Block Ono; Lots 1,
+ 13 and 14, Block Two, Titus 2nd Addition, Scott County, Minnesota�
d and ,
WHEREAS, the City Council for the City 6t Prior Lake passed Ordinance
p Y 15 -12 on Auqust`25, 1975 in which Section 4 .2 of the City of
fi Prior Lake Zoning Ordinance was amended to prohibit platting in areas
wit
44n the City of Prior Lake without sanity ;
t Y ry sewer and water, and �.'
WHEREAS,, plat of Titus 2nd Addition,is located within an area
without access. to sanitary sewer and water, and YI
WHEREAS, Minnesota Statutes a ter 462. of 358 Subd. 3
°
codification oZ�,thwlcommon law of the State� Mi , permits the
nnesota a
7:
r governingq body .f a municipality to require a subdivider to submit "a
new applicatina for °subdivision approval following two years after
final =plat approval unless substantial ph sical activity and u the p
investment hg's ocrurr d °in reasonable reliance on p rev
_ p
f3,naT approval and tk:� subdivider Will suffer substantial financial
I � a qe as =a consequen of a requirement to submit a new application,•:
1 } 5*6
A
4
i• y t
3
{Is
1 �p ro4 Yrly' Ij �
al
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HE R� ,�iS, the subdivider has not wide substantial physical activity
andinvestaont in the plat of Titus 2nd Addition, and
Z
WHEREAS, 'c Council of the City of Prior Lake wishes to clarify
and reaf
i
firm the previous actions of the City Council and to set
forth the current status of a portion of said plat, and ,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF PRIOR LRIM,
n
E,
MINNESOTA that h portion of the plat of Titus 2nd Addition is hereby
vacated with respect to ths:followinq described pproperty Lots 1, 2,
3, 4, 5 <, 6, 7, 8, 9, and,10, Hlock One, Titus 2nd Addition,
Scott
y
County , Minnesota, and Lots 2, 3, 4, 5, 6, 7, 8, 9; 20, 31 and 12 and
Outlot A, Bl Two, Titus 2nd Addition, Scott County, M and
BE; IT FURTHER RESOLVED, that a certified cop of this resolution be
yy
recorded with the Scott County Recorder's,offce:
Passed and adopted by the Council this 8th day of September
1987.
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Fitzgerald r — R'
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Larson
saott �
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Ci'. Manager .�
Ci y of P ick. Lake
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