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HomeMy WebLinkAbout10B-Waive Plat Requir-Wells Far CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: MAY 5, 2003 10B JANE KANSIER, PLANNING COORDINATOR AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED IN SECTION 2, TOWNSHIP 114, RANGE 22 (WELLS FARGO PROPERTY) DISCUSSION: Historv: The City of Prior Lake is in the process of purchasing a parcel of land from Wells Fargo for the construction of the Ring Road. In order to obtain fee title to the property, the staff is requesting approval for the metes and subdivision of this unplatted land located at 16817 Duluth Avenue in Section 2, Township 114, Range 22. Current Circumstances: The City is proposing to purchase approximately 0.23 acres from the existing Wells Fargo property. This parcel is located at the southeast corner of the Wells Fargo property and includes a portion of the existing parking lot. The property will be used for road right-of-way. The Issues: The subdivision of unplatted land (lands described by metes and bounds) is regulated by Sections 1006.104 through 1006.106 of the City Subdivision Ordinance. These sections state the following: 1006.104 Conveyance By Metes And Bounds. No division of one or more parcels in which the land conveyed is described by metes and bounds shall be recorded if the division is a subdivision, as defined by the Subdivision Ordinance, Building permits will be withheld for buildings or tracts that have been subdivided and conveyed by this method without City approval and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. 1006, 105 Exceptions. The provisions of Section 1006. 104 do not apply where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or larger in size and five hundred feet (500') in width for residential uses and least five (5) acres or larger in size for commercial and industrial uses. 1006.106 Council Resolution Waivina ReQuirements. In any case in which compliance with the foregoing restrictions will create an unnecessary hardship and failure to comply will not interfere with the purpose of this 1:\03 files\03 subdivisions\ring road\cc report. doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Section, the Council may waive such compliance by the adoption of a resolution to that effect and the conveyance may then be filed. The purpose of the proposed subdivision is to allow the City to purchase fee title to a parcel of land to be utilized as road right-of-way. The subdivision will not affect the setbacks or use of the remaining property, Conclusion: The staff recommends the City Council waive the platting requirements for this subdivision. FISCAL IMPACT: Budaet Impact: There is no budget impact as a result of this proposal. ALTERNATIVES: The City Council has three alternatives: 1. Adopt a resolution waiving the platting requirements as requested. 2. Deny the resolution and require the property be platted. 3. Defer this item and provide staff with specific direction. RECOMMENDED MOTION: REVIEWED BY: 1:\03 files\03 subdivisions\ring road\cc report. doc Page 2 RESOLUTION 03-XX RESOLUTION OF THE PRIOR LAKE CITY COUNCIL WAIVING THE PLATTING REQUIREMENTS AND ALLOWING THE CONVEYANCE OF PROPERTY IN SECTION 2, TOWNSHIP 114, RANGE 22 MOTION BY: SECOND BY: WHEREAS: Wells Fargo Minnesota is the owner of a parcel of land located at 16817 Duluth Avenue in Section 2, Township 114, Range 22, which includes an existing residence; and WHEREAS: The City of Prior Lake is proposing to purchase a 0.23 acre portion of the existing parcel for the development of the ring road, and legally described as follows: That part of the West Half of the Southeast Quarter and that part of the East Half of the Southwest Quarter in Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast corner of Lot 1, Block 1, BROOKSVILLE CENTER 2ND ADDITION, Scott County, Minnesota; thence North 12 degrees 08 minutes 08 seconds West along the easterly line of said Lot 1, a distance of 419.74 feet to the northeast corner of said Lot 1; thence North 61 degrees 16 minutes 31 seconds East a distance of 25.00 feet; thence South 24 degrees 23 minutes 40 seconds East a distance of 463.22 feet to the northeast corner of lot 2, Block 1, of said plat; thence westerly long the north line of said Lot 2, a distance of 125.00 feet to the point of beginning, which lies Southerly of the following described line: Commencing at the Southeast corner of said Lot 1,; thence North 11 degrees 28 minutes 19 seconds West assumed bearing along the Easterly line of said Lot 1, a distance of 83.60 feet to the point of beginning of said line to be hereinafter described; thence Easterly a distance of 99.36 feet along a non-tangential curve concave to the North have a radius of 279.00 feet and a central angle of 20 degrees 24 minutes 15 seconds, the chord of said curve bears North 79 degrees 35 minutes 13 seconds East, to the East line of the above described parcel and said line there terminating; And WHEREAS: The City Council is asked to waive the platting requirements for this property and allow the conveyance of the above-described parcel to the City; and WHEREAS: The property will be used for road right-of-way and will not create any new developable parcels; and WHEREAS: The City Council has found that waiving the platting requirements for this conveyance will not interfere with the purpose of the Subdivision Ordinance; and WHEREAS: The City Council has approved the conveyance of this property by metes and bounds. 1:\03 files\03 subdivisions\ring road\resolution.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PRIOR LAKE, MINNESOTA: 1. The recitals set forth above are incorporated herein as if fully setforth. 2. The platting requirements are hereby waived. 3. The property owner may convey the following described parcel to the City of Prior Lake: That part of the West Half of the Southeast Quarter and that part of the East Half of the Southwest Quarter in Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Beginning at the southeast corner of Lot 1, Block 1, BROOKSVILLE CENTER 2ND ADDITION, Scott County, Minnesota; thence North 12 degrees 08 minutes 08 seconds West along the easterly line of said Lot 1, a distance of 419.74 feet to the northeast corner of said Lot 1; thence North 61 degrees 16 minutes 31 seconds East a distance of 25.00 feet; thence South 24 degrees 23 minutes 40 seconds East a distance of 463.22 feet to the northeast corner of lot 2, Block 1, of said plat; thence westerly long the north line of said Lot 2, a distance of 125.00 feet to the point of beginning, which lies Southerly of the following described line: Commencing at the Southeast corner of said Lot 1,; thence North 11 degrees 28 minutes 19 seconds West assumed bearing along the Easterly line of said Lot 1, a distance of 83.60 feet to the point of beginning of said line to be hereinafter described; thence Easterly a distance of 99.36 feet along a non- tangential curve concave to the North have a radius of 279.00 feet and a central angle of 20 degrees 24 minutes 15 seconds, the chord of said curve bears North 79 degrees 35 minutes 13 seconds East, to the East line of the above described parcel and said line there terminating; Passed and adopted this 5th day of May, 2003. YES NO Haugen Haugen Blomberg Blomberg LeMair LeMair Petersen Petersen Zieska Zieska Frank Boyles, City Manager 1:\03 files\03 subdivisions\ring road\resolution.doc Page 2 g l""" ~ -;,..., ~~ '. ," . ,,' \ .' ~" \. \ , , \, \ . , \ . . \ . \ . \ , \ \<3 ...... \~ I \ . \ \ I . \ . \ 1 . I I I . \ . I , I b I I I , I I I . I Cjj(l.j ~ I I I , I I , . . , I I I I I I c C\ '! or o , U u ... o Q. ,,- >, " > 3 '" ,,- N o o , I"'l co !::! ,,- E ... WSB 4150 Olson Memorial Highway Suite 300 · Minneapolis. MN 55422 7ll3-5041~ FAX 7e~1-1700 Parcel Number "~J"", . I '. . \ . . \ . . \ . . \ . I \ I I \ . . \ I , \ . . \ I I , I I I I . I I I I . I I . . I . I , . . WEST-HAlF OF SE I,. SEC Z. T 114. R ZZ EAST-HAlF OF Sir I,. SEC 2. T 114. R 2Z E LY LINE LOT 1 fi SE COR lOT 1. 8l~ J _--1 :1 , I I I ,---------------- , 2 , I I , , ENIVID'FIRST ADD. '--- I 1_ ~ o 25 50 WSB Project No. 1283-002 Date: NOYeII1ber 7, 2001 Easement Exhibit Prior Lake, Minnesota 4 .1\lI::I:'.'ho'.:a.r....m.,.......:::I~[CfI~I=:::I:fo;W' 'I!!1::.'~~h$::I:!-'"1 .. I