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CC Regular Session <br />Date: 01/25/2011 <br />By: Tim Gladhill <br />Community Development <br />Item #: 7. 4. <br />Information <br />Title: <br />Consider Request to Extend Timeline to Record Final Plat of MICHELS PROPERTY Located at 6080 Highway 10 <br />NW; <br />Case of Jeanie Michels <br />Background: <br />In January of 2009, the City approved a Minor Plat entitled MICHELS PROPERTY. Per the City's subdivision <br />ordinance, Applicants must record the Final Plat and associated Development Agreement within two (2) years of <br />approval of the plat. The timeline is set to expire at the end of January of this year. <br />Observations: <br />Due to some changes in the ownership structure of the Subject Property, among other issues, the recording of the <br />Plat has been delayed to this point. At this point, the Applicant is willing to enter into the approved Development <br />Agreement and complete the obligations of the approval. <br />Part of the approval of the Plat was to ensure an existing connection to the adjacent King's Island were maintained, <br />as the Subject Property is a critical connection for the Mississippi River Trail (MRT). The City has received grant <br />funding to complete this connection, and the City Council approved funding for an advanced construction until the <br />grants funds became available. Currently, an easement of record does exist in the form of a road easement. The <br />City has informed the Applicant that the City does not need the easement in its current width or alignment. The <br />City agreed to release this easement if the Applicant could provide an alternate Trail Easement that met applicable <br />standards. This proposal will likely come back in the near future, but does not impact the review as to whether to <br />extend to timeframe to allow the Applicant to record the Final Plat. The Applicant has agreed that the existing road <br />easement will remain until such time an alternative easement can be provided. <br />Finally, City Staff has been approaced by a tenant of the Subject Property (RM Golf Carts) which desires to <br />purchase a portion of the Subject Property. RM Golf Carts is interested in what would become Lot 1 of the plat if it <br />is to be recorded. RM Golf Carts also desires a minor modification to the approved plat that would incorporate <br />another approximately 50 feet to the proposed Lot 1. RM Golf Carts has expressed a desire to phase in <br />improvements to the parking lot and potentially the existing structure. An extension to the timeline to record the <br />Plat would allow Staff additional time to review the request and ensure Marketable Title is in place before releasing <br />the Plat for recording <br />Recommendation: <br />City Staff recommends that City Council adopt the resolution authorizing an extension of no more than six (6) <br />months to record the Plat. The City has the ability to re-evaluate additional extensions at any time. <br />Funding Source: <br />All costs associated with reviewing the Application are the responsibility of the Applicant. An escrow has been <br />placed by the Applicant for the purposes of funding the review. <br />Council Action: <br />