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Home My WebLink About5J - Squires Property - 4070 140th St NE MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MAY 7 2007 5J JANE KANSIER, PLANNING DIRECTOR CONSIDER APPROVAL OF A RESOLUTION WAIVING PLATTING REQUIREMENTS FOR THE SUBDIVISION OF PROPERTY LOCATED AT 4070 140TH STREET NE (SQUIRES PROPERTY) Introduction The purpose of this agenda item is to review a request for the subdivision of an unplatted parcel of land. The proposal includes the conveyance of 7.22 acres of land from the 14 acre Squires parcel to Scott County for CSAH 21 right-of-way. The remaining parcels will be owned by the Squires. If the parcels were previously platted, this exchange could be handled administratively; however, since the parcels are unplatted, the City Council is asked to waive the platting requirements. History Loren and Linda Squires currently own a 14 acre parcel and a 5 acre parcel located on the north side of CSAH 42. The alignment of the future extension of CSAH 21 north of CSAH 42 is directly through the existing 14 acre parcel. Scott County is in the process of acquiring right-of-way for CSAH 21. The Squires have agreed to sell 7.22 acres of the existing 14 acre parcel to the County at this time. The City has supported the extension of CSAH 21 to intersect with TH 169. Current Circumstances These parcels are designated as C-CC (Community Retail Shopping) and R- LD (Low Density Residential). Both parcels of land are currently zoned A (Agricultural). 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 Bv 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. www.cityofpriorlake.com L'! .', FILES\D? S',JBDI\i S!()i'~S\(rl \IPR~~e\55~:!~41.\r~jI6esJll:~~ 9(52~1441:42451 !)()\. 1006.106 Council Resolution Waivina Reauirements. 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 Section, the Council may waive such compliance by the adoption of a resolution to that effect and the conveyance may then be filed. The applicants are requesting a waiver of platting requirements to subdivide these parcels to sell a portion of one to Scott County for right-ot-way purposes. The sale results in two residual parcels, one 3.16 acres in area and the other 3.15 acres in area. The southeasterly 3.16 acre parcel can be attached to the existing 5 acre parcel owned by the Squires, creating an 8 acre parcel. The Squires, however, do not own any property adjacent to the northwesterly 3.15 acre residual parcel. This 3.15 acre parcel includes a large wetland, and can only be developed with the adjacent property. Since the Squires do not own that adjacent parcel, the staff is concerned about creating a nonbuildable lot. In recognition of this, the Squires have signed a waiver acknowledging that this parcel is not buildable on its own. The proposed subdivision facilitates the construction of the CSAH 21 extension. Any further subdivision or development of these parcels will require further subdivision approval, and the City would collect any applicable development fees at that time. The staff recommends approval ot waiving the platting requirements subject to the following conditions: 1. The southeasterly parcel must be combined with the adjacent 4 acre Squire parcel. 2. The Waiver and Acknowledgement form, signed April 20, 2007, by Linda and Loren Squires must be recorded against the northwesterly parcel. FINANCIAL IMPACT: There is no budget impact as a result of this proposal. ALTERNATIVES: 1. Adopt a resolution waiving the platting requirements and allowing the property owners to subdivide the property and to convey the two parcels. 2. Deny the resolution and require the property be platted. 3. Defer this item and provide staff with specific direction. RECOMMENDED MOTION: A motion and second to adopt a resolution waiving the platting requirement and allowing the property owners to subdivide the property and to convey the two parcels subject to the listed conditions. &. 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xx A RESOLUTION WAIVING THE PLATTING REQUIREMENTS AND ALLOWING THE SUBDIVISION OF PROPERTY LOCATED AT 4070 140TH STREET NE (SQUIRES PROPERTY) Motion By: Second By: WHEREAS, Loren and Linda Squires are the owners of property located at 4070 140th Street NE; and WHEREAS, The property owners have asked the City Council to waive the platting requirements for this property to allow a the conveyance of 7.22 acres to Scott County for right-of-way purposes; and WHEREAS, The residual southeasterly 3.15 acre parcel will be combined with the adjoining 4 acre parcel owned by Loren and Linda Squires; and WHEREAS, The property owners have signed a waiver acknowledging that the residual northwesterly 3.16 acre parcel is not buildable unless combined with adjoining parcels, currently not owned by the Squires; and WHEREAS, Any future development or subdivision of the remaining property will require platting; and WHEREAS, The City Council has found that compliance with the restrictions set forth in Sections 1006.104 and 1006.105 of the Subdivision Ordinance will create an unnecessary hardship and failure to comply 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. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The platting requirements are hereby waived. 3. The property owners may convey the property as shown on the survey attached as Exhibit A. 4. The metes and bounds subdivision is subject to the following conditions: a) The southeasterly parcel must be combined with the adjacent 4 acre Squire parcel. b) The Waiver and Acknowledgement form, signed April 20, 2007, by Linda and Loren Squires must be recorded against the northwesterly parcel. n";! 'UDCY;,~.;.;.. """.x",",,~~1Ut".., n\...'.h j" www..mhYVrI....~nC1l\e.com Phone 952.447.4230 / Fax 952.447.4245 PASSED AND ADOPTED THIS 7TH DAY OF MAY, 2007. YES NO Haugen Haugen Hedbera Hedberg Erickson Erickson leMair leMair Millar Millar Frank Boyles, City Manager L:\07 FILES\07 SUBDIVISIONS\07 METES & BOUNDS\Squires\resolution.DOC EXHIBIT A \ \, Ix: - - JV ~.../ / / / I I '- I '- '-.. >--- I ~ SCALE "~ 1M 0 150 300 600 I I I I \: " ( IN FEET) I ------- ~ ~ ......- ~ ~ ~ ~ ~ ~~ --l - ----f7=- //~ ::..--- -- /// " ,... , " "" ,') / I '^-xV< ~--:;~~--------~ -- - --- ---~ ::-- ^ i' ,., Ir\ ~ ') ~ ......;."-.rl. ,~\J. ~t"<- --L ~----_.-- ~ - I ~I"~"'I ~.~.I\.r1. \ : ~;8 2~ LEGEND ~ 7.22 acres by parcel split in fee. ~~~~~"\:j 3.15:t acres, which is westerly of parcel split in fee. V/////1 3.16:t acres, which is easterly of parcel split in fee. EXHIBIT B LEGAL DESCRIPTIONS Consolidated Legal Description of Remaining Parcellving easterly of Parcel 1. R/W Plat No. 42 and Adioining Parcel in Common Ownership Assigned PIN 25-923-006-3. That part ofthe Southwest Quarter of the Southwest Quarter of Section 23, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the South line of said Southwest Quarter of the Southwest Quarter distant 744.80 feet West ofthe Southeast comer thereof; thence North 89 degrees 15 minutes 21 seconds West along said South line a distance of 251.18 feet to the Southeast comer of Parcel 1 Scott County Right of Way Plat No. 42 according to the plat thereof on file and of record in the Office of the Register of Deeds, Scott County, Minnesota, said point hereafter referred to as Point A; thence North 00 degrees 28 minutes 40 seconds East along said east line of Parcel 1 a distance of 48.25 feet; thence North 87 degrees 36 minutes 20 seconds West along a northerly line of said Parcell a distance of 142.77 feet; thence North 03 degrees 23 minutes 40 seconds East along an easterly line of said Parcell a distance of 84.1 7 feet; thence South 89 degrees 10 minutes 11 seconds West along a northerly line of said Parcell a distance of 102.23 feet; thence North 03 degrees 23 minutes 41 seconds East along an easterly line of said Parcell a distance of 128.67 feet; thence northerly along a tangential curve concave to the east and along an easterly line of said Parcell a distance of 307.70 feet, a radius of 1177.94 feet and a delta angle of 14 degrees 58 minutes 00 seconds; thence North 18 degrees 21 minutes 42 seconds East tangent to said curve along an easterly line of said Parcell a distance of 226.11 feet; thence South 89 degrees 15 minutes 21 seconds East along a southerly line of said Parcel 1 a distance of 109.24 feet to a point on a line drawn parallel with the East line of said Southwest Quarter of the Southwest Quarter from the above described Point A, distant 779.72 feet north of said Point A, as measured along said parallel line; thence South 89 degrees 15 minutes 21 seconds East parallel with the South line of said Southwest Quarter of the Southwest Quarter a distance of 409.97 feet; thence South 00 degrees 28 minutes 40 seconds West parallel with the East line of said Southwest Quarter of the Southwest Quarter a distance of 138.00 feet; thence North 89 degrees 15 minutes 21 seconds West parallel with the South line of said Southwest Quarter of the Southwest Quarter a distance of 158.79 feet; thence South 00 degrees 28 minutes 40 seconds West parallel with the East line of said Southwest quarter of the Southwest Quarter a distance of 641. 72 feet to the point of beginning. (1) Remaining Parcellving Westerly of Parcel 1, Scott County Right of Way Plat No. 42 All that part of the following described property: That part of the Southwest Quarter of the Southwest Quarter of Section 23, Township 115 North, Range 22 West, Scott County, Minnesota lying westerly of the following described line: Beginning at a point on the South line of said Southwest Quarter of the Southwest Quarter, distant 995.98 feet west of the southeast comer thereof; thence northerly and parallel with the East line of said Southwest Quarter ofthe Southwest Quarter to the North line thereof and terminating. Which lies westerly and southerly of Parcel 1 as denoted and shown on Scott County Right of Way Plat No. 42, according to the record plat thereof, on file in the Office ofthe County Recorder, Scott County, Minnesota. (2) LOCATION MAP SQUIRES PROPERTY -----.__.-.__.._------._._---.-.__..-._~----._------ --'-- ___--.;;--- I I -'l-T-rl I I J~.:--:=F=*=--.J 1 I I I ~~ - i-}i - i I II I I -~-\l=111 I I I! i -,'-=-- '____l~_ >-I'r---~r+--- I I. I I I j 1'1 i ~~~--.J ; t-__l -J_l_ ------1..-).-- ---- '." ." ~-, . I I I I I ~_L _L_, ~..... ..... II ....---,'-1 Ii 1(/ /fr -1 I..~ . z . fil, 'I I' /". Ili I : --~:-:. ~F1(~.~ ~.\ I . tj '-'dUll mi I II ![@~~ I I I illlIJDIIID~) , - ___.._..L_ --- -__.----'-1 I I I -.'----..---- ._'--~._-_.._..--- ',.-- - -- -~-~---------~--~--------- 1000 o 1000 Feet I N W*E s