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HomeMy WebLinkAbout2008-101 Council ResolutionCouncil Member s t o 1 t z introduced the following resolution and moved its adoption: CITY OF LINO LAKES RESOLUTION NO. 08-101 RESOLUTION APPROVING CERTIFICATE OF CORRECTION TO PLAT — GRANDVIEW WHEREAS, The final plat for Grandview received City Council approval on October 22, 2008 with Resolution No. 07 -172; and WHEREAS, when the project surveyor filed the plat with Anoka County for recording, an error was discovered in that the length and bearing of one lot line was missing from the mylar to be recorded; and WHEREAS, Minnesota Statutes 505.174 and 505.176 provide the method for correction such an omission; and. WHEREAS, the City has received a certificate of correction from the surveyor which describes the omission and the correction; • NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the certificate of correction of the plat error for the Grandview plat. • Adopted by the Lino Lakes City Council this 22r day of ATTEST: Berg ayor Adopted by the Lino Lakes City Council this ZZ day of Sep,t 2006 , 2008. The motion for the adoption of the foregoing resolution was duly seconded by Council Member G a t n p and upon vote being taken thereon, the following voted in favor thereof: Stoltz, Gallup, Reinert, O'Donnell, Bergeson The following voted against same: none Whereupon said resolution was declared duly passed and adopted. • • LAND SLTRYEYORS CERTIFICATE OF CORRECTION TO FLAT Name of Plat: CRANDVIEW Pursuant to the provisions of Chapter 505.174. Laws of Minnesota, 1957 Daniel W. Obermil ler, the undersigned, a Registered Land Surveyor in and for the State of Minnesota, declares as follows: 1. That I prepared the plat of GRANDVIEW dated December 11, 2007 and filed on June 19, 2008 in the office of the Registrar of Titles, Anoka County:, Minnesota, as Document No 495406.002 2. That said plat contains errors.. omissions, or defects in the following particulars, to wit: Omission of bearing and distance on the south line of Lot 1, Block 1. That said plat is hereby corrected in the following particulars. to wit: The south line a 1A-A 1, Block 1 has a bearing of North 70 degrees 18 minute 31 seconds East and a distance of 154.55 feet from the southwest corner of Lot 1 to the southeast corner of Lot 1, Dated August 20th, 2008. .011111,1 oNESO --Y. Daniel W. Obermiller Registered Land Surveyor No. 25341 State of Minnesota ' DANIEL W, : OBERMILLER - : _ 25341 . . MN SUM! `11111t0 mo vib ".5 fhe above Certificate of Correction to the plat of GRANDVIEW has been approved by the City of Lino Lakes at a regular meeting of the City Council of Lino Lakes.. Minnesota 110(1 on the day of /00 - By Mayor By City Clerk 'fills certificate of Correction has been checked and approved this day of 200 By Larry D. floium Anoka County Surveyor • • AGENDA ITEM 1 E STAFF ORIGINATOR: Jeff Smyser MEETING DATE: September 22, 2008 TOPIC: Resolution No. 08 -101 Approving Certificate of Correction to Plat — Grandview VOTE REQUIRED: 3/5 BACKGROUND The final plat for Grandview received City Council approval on October 22, 2007 with Resolution No. 07 -172. When the project surveyor filed the plat with Anoka County for recording, an error was discovered. The length and bearing of one lot line was missing from the mylar to be recorded. State law provides the method for correction such an omission. Minnesota Statute 505.174 and 505.176 require that the surveyor complete a certificate describing the correction, which then is approved and signed by the city. We have received the certificate from the surveyor. Staff has reviewed the correction of the minor omission and recommends approval. RECOMMENDATION 1. Approve Resolution No. 08 -101, approving Certificate of Correction to Plat for Grandview. 2. Return to staff with direction. • • • 2007 Minnesota Statutes 505.174 SURVEYOR'S CERTIFICATE OF OWN PLAT ERROR; CORRECTION. In any case where a land plat or subdivision, or what purports to be a land plat or subdivision, has been executed and filed in the office of the county recorder of the county where the land is situated, which fails to identify or correctly describe the land to be so platted or subdivided, or to show correctly upon its face the tract of land intended or purported to be platted or subdivided thereby or is defective by reason of the plat or subdivision and the description of the land purported to be so platted or subdivided thereby being inconsistent or incorrect, the registered surveyor who prepared such plat or subdivision may execute a certificate stating the nature of the error, omission or defect and stating the correct information to correct such error, supply such omission or cure such defect, referring, by correct book and page, to such plat or subdivision and designating its name, if there is a name. Such certificate shall be dated and signed by such registered surveyor. History: 1955 c 472 s 1; 1976 c 181 s 2 505.176 APPROVAL OF CERTIFICATES; FILING AND RECORDING. When the certificate has been approved by the governing body of the area involved and a certificate stating that said plat certificate has been approved by the governing body signed by the clerk of said body is attached to said plat certificate, the county recorder of the county in which the land so platted or subdivided is located shall accept each such certificate for filing and recording in the recorder's office upon payment of a fee therefor commensurate with the length of the certificate. Neither witnesses nor an acknowledgment shall be required on any such certificate, but it shall be signed by the registered surveyor and shall state following the signature that the surveyor is a registered surveyor in the state of Minnesota. The county recorder shall make suitable notations on the record of the plat or subdivision to which such certificate refers to direct the attention of anyone examining such plat or subdivision to the record of such certificate. History: 1955 c 472 s 3; 1976 c 181 s 2; 1986 c 444