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Home My WebLink About8 - Lot Line Adjustment for Jerry Mahoney AGENDA NUMBER: PREPARED BY: SUBJECT: 8 HORST GRASER CONSIDER JERRY MAHONEY REQUEST FOR LOT LINE ADJUSTMENT JANUARY 19, 1993 DATE: INTRODUCTION: Mr. Jerry Mahoney through his Attorney, D. Huemoeller, is requestin9 the City of Lake to waive platting requ1rements and a boundary line adjustment in accordance exhibit A, attached. The applicant requested the waiver in accordance with Code Section 6-10-2. Brfce Pr10r allow with has City BACKGROUND: Registered land survey 102 was filed in 1982 creating tracts A-D each of which is at least 10 acres which was the minimum lot size then. In 1986 John C. Schiffman then the owner of Tract C entered into a contract for deed with Earl Evans and wife to ~urchase the subject site. The subject site 1S covered entirely by Certificate No.13817. In 1992 Mr. Evans filed suit in district court to cancel the contracts for the subject site and tract C presumably for non-payment. Mr. Evans has recently entered into a purchase agreement with Jerry Mahoney for Tract C and the subject site. DISCUSSION: I pointed out to Mr. Mahoney that it was illegal in Prior Lake to subdivide a parcel or tract of land without first having received approval by the City. The subject site which was split form tract D contains a building envelope, has 65 feet of frontage on Arctic Circle contains 1.093 acres and has a separate certificate of title. Mr. Mahoney explained to me that it is not his intent to create a new lot but rather to create a better building site for Tract c. Perculation tests taken several years ago revealed poor soils requiring a mound system as the only on site sewage treatment o~tion. The subject site is also a more des1rable 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: location for a house. It has a high elevation resulting in a view of the pond, good access and soils and does not require soil corrections prior to building. Perhaps the most appropriate way to view this situation is a boundary line adjustment to improve the buildability of Tract C. Mr. Huemoeller has drafted an agreement which would combine tract C and the subject site for purposes of constructing a single famil~ home (see attached agreement). No add1tional building permits could be issued to the combined ~roperty until it is served with public ut1lities. 1. Approve the request and find that not approving the boundary adjustment would be an unnecessary hardship to the applicant and failure to comply would not interfere with the purpose of the subdivisions ordinance. Authorize the City Manager and Mayor to enter into the agreement as drafted by Mr. Huemoeller. Table the request for additional information. Deny the request. 2. 3. Alternatives 1. 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C ..ro- S"T-' ~ I) ~./' \\ ~ 7 I^I.. 1'1 'I ~\. ~. ~~ >< '900.' , · /?j,?"' ~\ ~ f-..~) _~ \ ~ ~wV.'/ I~~ J I'~)t ~ '~~ ~ , =--?7.~ ::::;. ,,-: /~ ~r:iL "'~ :\ ~ ~~ ~ \...~ ~~~~~- t~~~ ~l\I'~ ~ ,. ~ ' T ~ - ~ 'l_,,', ~~ X9U,I ~~~ ~ ~~-""""__~~. ~............... ~ ' .- IS It' "....... __ \ '- ~~~~~\'-"~ -0 r\~~~.L , _':;:=~~, ~9'~', Ulf".~ ~.~~~ ~~~ ....., "" ~ ,'("w ... H. I ." . . .' 0_. . ... . ... ~ .' . .. EXHIBIT A AGREEMENT This agreement is made on this day of , 19 between EARL D. EVANS and MARY ANN EVANS (the Owners) and the -- CITY OF PRIOR LAKE (the City). RECITALS A. Owners are the fee owners of the following described property (the Property): Tract C, and that part of Tract D, Registered Land Survey No. 102, Files of the Registrar of Titles, Scott County, Minnesota, described as follows: Beginning at the southeast corner of Tract B, of Registered Land Survey 36 (Revised); thence on an assumed bearing of South 75 degrees 19 minutes 50 seconds West along the south line of said Tract B a distance of 150.00 feet to the south- west corner of said Tract B; thence North 72 degrees 18 min- utes l2 seconds West along the Southerly line of Tract C in Registered Land Survey No. 102 a distance of 430 feet; thence South 45 degrees 46 minutes 26 seconds East a distance of 308.95 feet; thence on a bearing of East a distance of 125.00 feet; thence North 75 degrees 19 minutes 50 seconds East a distance of 232.67 feet to the east line of Tract D of said Registered Land Survey No. 102; thence North l4 degrees 40 minutes lO seconds West along said east line a distance of 66.00 feet to the point of beginning. B. Owners have applied to the City Council for a waiver of compliance with City Code S6-l0-1 to permit the issuance of a building permit for construction of a single family dwelling on the portion of Tract D lying within the Property. C. The City Council has approved the waiver subject to the restrictions set forth in this agreement. AGREEMENT In consideration of the issuance of the waiver and the covenants contained herein, the parties agree as follows: ~ lill U 1. RESTRICTIONS. The Property shall be held, conveyed andJ~ occupied subject to the restrictions set forth in paragraph 2 ^,~,'~ below. ~ '\ ~ 2. BUILDING PERMITS. The City shall issue a bUildi~permit for the construction of a single family dwelling on the/portion of Tract 0 located wi thin the Property upon the filinglof a proper application and payment of the required fees and charges. Thereafter, the OWners shall not apply for, nor shall the City be obligated to issue, building permits for the construction of additional dwellings on the Property until it is served with pub- "'~ lic utilities. , _ ^ '1..</ //7 tv, _ cy / CiA'" U>I ~~~:!t 3. GENERAL PROVISIONS. (a) This agreement shall run with and bind the Property and shall inure to the benefit of the parties and their respective heirs, representatives, successors and assigns, for a term of twenty years from the date of this agreement. Thereafter, this agreement shall automatically renew for Successive periods of ten years. (b) This agreement may be amended only with the written consent of the then record owners of the Property and the City. Any such amendment shall be effective on the date of filing with the Scott County Registrar of Titles. (C) This agreement and the restriction contained herein shall terminate on the filing by the City of a written termination with the Scott County Registrar of Titles. (d) Any owner of the Property or the City may enforce, by a proceeding at law or in equity, or both, any provision of this agreement. The proceeding may seek to restrain the violation and/or to recover the damages resulting therefrom. The failure of an owner of any portion of the Property or the City to enforce this agreement shall not be a waiver of the right to do so thereafter. (e) Invalidation of any provision of this agreement by any Court shall not affect the remainder hereof, which shall continue in full force and effect. (f) This agreement contains the entire agreement of the parties and no representations, promises or agreements among the parties not embodied herein shall be of .any force or effect. OWNERS CITY EARL D . EVANS CITY OF PRIOR LAKE ) )ss. ) BY ITS MAYOR AND ITS CITY MANAGER MARY ANN EVANS STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 19_, by EARL D. EVANS and MARY ANN EVANS:- husband and wife. Notary Public -2- STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 19__, by LYDIA ANDREN and KAY KUHLMANN, t~ Mayor and City Manager of the CITY OF PRIOR LAKE, a municipal corporation under Minnesota law, on its behalf. Notary Public This instrument was drafted by: ~t !cA/!r.~: ~ =_~ ~, Q "l--r=~ ' \.., -'." -' .-...,--"~..... c-A I ~... A TT:::I~,'!::J:3 ."\ - ;_"~.~'1 166:"(; F?,.J..;\I'-{! !~'f "rR~Jl PRIOR lA;~E.' MN: 553']'2 -3-