Agenda - Council - 01/26/2010 - Laserfiche WebLink

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Councilmember introduced the following resolution and moved for its adoption: RESOLUTION #10-O1- A RESOLUTION GRANTING FINAL PLAT APPROVAL OF ELMCREST SANCTUARY WHEREAS, on October 6, 2009, Oakwood Land Development, Inc., hereinafter referred to as "Applicant", properly applied for a minor subdivision to plat one (1) existing lot and two (2) outlots on the following legally described properties located in the City of Ramsey: Lot 4, Block 1, Rabbit Run, according to recorded plat thereof, Anoka County, Minnesota. EXCEPT That part of Lot 4, Block 1, said RABBIT RiJN which lies easterly and southerly of the following described line; Commencing at the southeast corner of Lot 4, Block 1, RABBIT RUN; thence South 89 degrees 48 minutes 17 seconds West, (assumed bearing) along the south line of said Lot 4, a distance of 135.00 feet to the point of beginning of the line to be described; thence North O1 degrees 11 minutes 07 seconds East, a distance of 88.30 feet; thence northeasterly 170.05 feet along a tangential curve, concave to the southeast, having a radius of 260.00 feet and a central curve of 37 degrees 28 minutes 24 seconds; thence 162.16 feet along a reverse curve, concave to the northwest, having a radius of 470.00 feet and a central angle of 19 degrees 46 minutes 07 seconds, to the east line of said lot 4 and said line there terminating.. -or upon recording- Lot 1, Block 1 and Outlots A and B; Elmcrest Sanctuary (the "Subject Property"); and WHEREAS, Section 9.50.05 of City Codes allow for the platting of three lots or less to be processed as a minor subdivision; and WHEREAS, the existing septic system for Lot 1; Block 1, Elmcrest Sanctuary encroaches (the "Encroachment") on City owned property legally described as: "That Part of Lot 4, Block 4, RABBIT RUN, according to the recorded plat thereof, Anoka County, Minnesota, which lies easterly and southerly of following described line: Commencing at southeast corner of Lot 4, Block 1, RABBIT RiIN; thence South 89 degrees 48 minutes 17 seconds West (assumed bearing) along the South line of said Lot 4, a distance of 135 feet to the point of beginning of the line to be described; thence North O l degree 11 minutes 07 seconds East 88.30 feet; thence northeasterly 170.05 feet along a tangential curve, concave to southeast, having a radius of 260.00 feet and a central angle of 37 degrees 28 minutes 24 seconds, thence 162.16 feet along a reverse curve concave to northwest, having a radius of 470.00 feet and a central angle of 19 degrees 46 minutes 07 seconds, to east line of said Lot 4 and said line there terminating, subject to easement of record." (the "Adjacent Parcel") WHEREAS, the Encroachment is encumbered by an agreement between the City and the Developer (the "Septic Agreement"). The Septic Agreement will expire when development occurs of the Subject Property is subdivided; and