HomeMy WebLinkAboutResolution 2005-037RESOLUTION NO 2005-037
A RESOLUTION APPROVING THE MINOR SUBDIVISION REQUEST OF DANIEL ANI
JEAN ' '
WHEREAS, on the I" day of March, 2005, Daniel and Jean Olinger, ( "Applicant ") submitted a
completed application requesting that the City of Lake Elmo approve a minor subdivision of a parcel
located at 9057 Lake Jane Trail, and legally described as:
That part of the Government Lot 5 of Section 10, Township 29 North, Range 21 West,
Washington County, Minnesota, lying northerly of the south 40 acres thereof and lying south of
the following described line:
Commencing at the southeast corner of said Government Lot 5; thence northerly along
the east line of said Government Lot 5 a distance of 1694.00 feet to the southeast corner
of the tract described in Book 274 of Deeds, page 366, on rile and of record in the office
of the County Recorder, Washington County, Minnesota and the point of beginning of
said described line; thence westerly deflecting to the left 90 degrees 00 minutes 00
seconds along the south line of said tract a distance of 330.00 feet to the southwest corner
of said tract; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds
along the westerly line of said tract to a line distant 249.00 feet southerly of the southerly
line of Lake Jane Trail and the southeast comer of the tract described in Document No.
362324 on file and of record in said office of the County Recorder; thence westerly along
said line and along the south line of said tract to the west line of said tract and the west
line of the East 505.00 feet of said Government Lot 5; thence southerly along said west
line of the East 505.00 feet of Government Lot 5 a distance of 9.27 to a point on the
North line of the South 1711.82 feet of said Government Lot No. 5; thence Westerly
along the North line of the South 1711.82 feet of said Government Lot No. 5 for 803.07
feet to the West line of said Government Lot No. 5, and said described line there
terminating.
AND
That part of the Government Lot 5 of Section 10, Township 29 North, Range 21 West,
Washington County, Minnesota, described as follows:
Commencing at the southeast comer of said Government Lot 5; thence northerly along the east
line of said. Government Lot 5 a distance of 1694.00 feet to the southeast corner of the tract
described in Book 274 of Deeds, page 366, on file and of record in the office of the County
Recorder, Washington County, Minnesota; thence westerly deflecting to the left 90 degrees 00
minutes 00 seconds along the south line of said tract a distance of 330.00 feet to the southwest
corner of said tract; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds
along the westerly line of said tract to a line distant 249.00 feet southerly of the southerly line of
Lake Jane Trail and the southeast comer of the tract described in Document No. 362324 on file
and of record in said office of the County Recorder; thence westerly along said line and along the
south line of said tract to the west line of said tract and the west line of the East 505.00 feet of
said Government Lot 5 and the point of beginning; thence northerly along the west line of said
tract and along said west line of the East 505.00 feet of Government Lot 5 to said south line of
Lake Jan Trail; thence easterly along said south line of Lake Jane Trail to said west line of the
tract described in Book 274 of Deeds, page 366; thence northerly along said west line to the shore
line of Lake Jane; thence westerly along said shore line to the east line of the West 591.00 feet of
said Government Lot 5; thence southerly along said east line to the north line of the South
1711.82 feet of said Government Lot 5; thence easterly along said north line to the west line of
the East 505.00 feet of said Government Lot 5; thence northerly along said west line of the East
505.00 feet of Government Lot 5 a distance of 9.27 feet to the southeast corner of the tract
described in Document No. 362324 on file and of record in said office of the County Recorder to
the point of beginning.
Subject to a drainage easement in favor of the Valley Branch Watershed District as described in
Document No. 397877, on file and of record in said office of the County Recorder.
Also, subject to existing Lake Jane Trail running east -west through the above described property
ALSO:
That part of the Government Lot 5 of Section 10, Township 29 North, Range 21 West,
Washington County, Minnesota, described as follows:
Commencing at the southeast comer of said Government Lot 5; thence northerly along the east
line of said Government Lot 5 a distance of 1694.00 feet to the southeast comer of the tract
described in Book 274 of Deeds, page 366, on file and of record in the office of the County
Recorder, Washington County, Minnesota; thence westerly deflecting to the left 90 degrees 00
minutes 00 seconds along the south line of said tract a distance of 330.00 feet to the southwest
corner of said tract; thence northerly deflecting to the right 90 degrees 00 minutes 00 seconds
along the westerly line of said tract to a line distant 249.00 feet southerly of the southerly line of
Lake Jane Trail and the southeast comer of the tract described in Document No. 362324 on file
and of record in said office of the County Recorder; thence westerly along said line and along the
south line of said tract to the west line of said tract and the west line of the East 505.00 feet of
said Government Lot 5; thence southerly a distance of 9.27 feet along said west line of the east
505.00 feet to the north line of the South 1711.82 feet of said Government Lot 5; thence westerly
along said north line to the east line of the West 405.00 feet and the southeast corner of the tract
described in Document No. 676524, on file and of record in said office of the County Recorder
and the point of beginning, thence northerly along said east line and the east line of said tract to
said shore line of Lake Jane; thence westerly along said shore line to the east line of the West
219.00 feet of said Government Lot 5 and the east line of the tract described in document No.
340685, on file and of record in said office of the County Recorder; thence southerly along said
east line to said south line of Lake Jane Trail and the southeast comer of said tract; thence
westerly along said south line and the south line of said tract to the west line of said Government
Lot 5; thence southerly along said west line to the north line of the South 1711.82 feet of said
Government Lot 5; thence easterly along said north line to the east line of the West 405.00 feet of
said Government Lot 5 to the point of beginning.
EXCEPT a 66.00 foot wide parcel of land over that part of the East 186.00 feet of the West
405.00 feet of said Government Lot 5 lying 33.00 feet each side of the following described center
line:
Commencing at the southwest corner of said Government Lot 5; thence North 01. degree 42
minutes 37 seconds West, bearing oriented to the Washington County Coordinate System, South
Zone, along the west line of said Government Lot 5 a distance of 1943.00 feet to the center line of
Lake Jane Trail as presently traveled and the point of beginning of the center line to be described;
thence North 82 degrees 06 minutes 53 seconds East along said center line 218.31 feet; thence
easterly along said center line and a tangential curve, concave to the south, having a radius of
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3926.21. feet and a central angle of 02 degrees 45 minutes 1.0 seconds, a distance of 1.88.64 feet to
said east line of the West 405.00 feet of said Government Lot 5 and said center line there
terminate.
Also, subject to a utility easement in favor of the City of Lake Elmo as described in Document
No. 774780, on file and of record in said office of the County Recorder.
WHEREAS, on the 10 day of March, 2005, at a public meeting, the Lake Elmo Planning
Commission reviewed the Development Application, the City Planner's reports and comments, the
comments of the Applicant and the Applicant's representatives; and recommended approval of the
Development Application; and
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City Council hereby:
Approves the Minor. Subdivision for the property located at 9057 Lake Jane Trail as illustrated on
a plans prepared by Folz, Freeman, Erickson, Inc., staff dated March 8, 2005 legally described as:
Parcels A, B, and C with descriptions to be attached
with the following condition:
L The City Attorney must approve covenant language for the title of Parcel C prohibiting the
construction of a structure on that lot.
ADOPTED, by the Lake Elmo City Coui{il on'Ve 5b
K1
IL'-
Johnston, Mayor
Olinger Minor Subdivision — Ne 'arcel Descriptions 04/04/05
-teat part of the East 186.00 feet of the West 405.00 feet of Government Lot 5 of Section 10, Township 29
North, Range 21 West, Washington County, Minnesota lying northerly of the South 1711.82 feet thereof, as
measured at a right angle to the south line of said Government Lot 5, containing 1.97 acres, more or less,
EXCEPT, a 66.00 foot wide road parcel over that part of the above described tract lying 33.00 feet each side of
the following described center line:
Commencing at the southwest corner of said Government Lot 5; thence North 01 degree 42 minutes 37 seconds
West, bearing oriented to the Washington County Coordinate System, South Zone, along the west line of said
Government Lot 5 a distance of 1943.00 feet to the center line of Lake Jane Trail as presently traveled and the
point of beginning of the center line to be described; thence North 82 degrees 06 minutes 53 seconds East along
said center line 218.31 feet; thence easterly along said center Iine and a tangential curve, concave to the south,
having a radius of 3926.21 feet and a central angle of 02 degrees 45 minutes 10 seconds, a distance of 188.63
feet to the east line of the West 405.00 feet of said Government Lot 5 and said center line there terminate;
together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: except
for liens or encumbrances caused or suffered to attach to the said premises by act or omissions by persons other
than the grantors herein after March 18, 1982.
ALSO:
That part of Government Lot 5 of Section 10, Township 29 North, Range 21 West, Washington County,
Minnesota, described as follows:
Commencing at the southeast corner of said Government Lot 5; thence northerly along the east line of said
wernment Lot 5 a distance of 1694.00 feet to the southeast corner of the tract described in Book 274 of
,eeds, page 366, on file and of record in the office of the County Recorder, Washington County, Minnesota and
the point of beginning ; thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds along the south
line of said tract a distance of 330.00 feet to the southwest corner of said tract; thence northerly deflecting to the
right 90 degrees 00 minutes 00 seconds along the westerly Pane of said tract to a line distant 249.00 feet
southerly of the southerly line of Lake Jane Trail and the southeast corner of the tract described in Document
No. 362324 on file and of record in said office of the County Recorder; thence westerly along said line and
along the south line of said tract to the west line of said tract and the west line of the East 505.00 feet of said
Government Lot 5; thence southerly along the west line of the East 505.00 feet of Government Lot 5 a distance
of 9.26 feet to the north line of the South 1711.82 feet of said Government Lot 5; thence westerly along said
north line to the east line of the West 219.00 feet of said Government Lot 5; thence northerly along said east
line to said south line of Lake Jane Trail and the southeast corner of the tract described in Document No.
340685 on file and of record in said office of the County Recorder; thence westerly along said south line and
the south line of said tract to the west line of said Government Lot 5; thence southerly along said west line to
the north line of the South 40 acres of said Government Lot 5; thence easterly along said north line to said east
line of Government Lot 5; thence northerly along said east line to the point of beginning.
Subject to a drainage easement in favor of the Valley Branch Watershed District as described in Document No.
397877, on file and of record in said office of the County Recorder;
'so, subject to a public street and utility easement in favor of the City of Lake Elmo as described in Document
_ .o. 774780, on file and of record in said office of the County Recorder;
Olinger Minor Subdivision — Ne 'arceI Descriptions 04/04/05
Also, subject to a public street and utility easement in favor of the City of Lake Elmo as described in Document
No. 778335, on file and of record in said office of the County Recorder;
Also, subject to existing Lake Jane Trail running east -west through the above described property as described in
Document No. 431649 on file and of record in said office of the County Recorder;
And other valid easements and restrictions of record, if any.
W. �,
That part of the Government Lot 5 of Section 10, Township 29 North, Range 21 West, Washington County,
Minnesota, described as follows:
Commencing at the southeast corner of said Government Lot 5; thence northerly along the east line of said
Government Lot 5 a distance of 1694.00 feet to the southeast corner of the tract described in Book 274 of
Deeds, page 366, on file and of record in the office of the County Recorder, Washington County, Minnesota;
thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds along the south line of said tract a
distance of 330.00 feet to the southwest corner of said tract; thence northerly deflecting to the right 90 degrees
00 minutes 00 seconds along the westerly line of said tract to a line distant 249.00 feet southerly of the
southerly line of Lake Jane Trail and the southeast corner of the tract described in Document No. 362324 on file
Id of record in said office of the County Recorder; thence westerly along said line and along the south line of
.. id tract to the west line of said tract and the west line of the East 505.00 feet of said Government Lot 5 and the
point of heginnin ; thence northerly along the west line of said tract and along said west line of the East 505.00
feet of Government Lot 5 to the shore line of Lake Jane; thence westerly along said shore line to the east line of
the West 591.00 feet of said Government Lot 5; thence southerly along said west line to the north line of the
South 1711.82 feet of said Government Lot 5; thence easterly along said north line to the west line of the East
505.00 feet of said Government Lot 5; thence northerly along said west line 9.26 feet of the point of beginning.
Subject to a drainage easement in favor of the Valley Branch Watershed District as described in Document No.
397877, on file and of record in said office of the County Recorder;
Also, subject to existing Lake Jane Trail running east -west through the above described property;
And other valid easements and restrictions of record, if any.
That part of the Government Lot 5 of Section 10, Township 29 North, Range 21 West, Washington County,
Minnesota, described as follows:
ommencing at the southeast corner of said Government Lot 5; thence northerly along the east line of said
Government Lot 5 a distance of 1694.00 feet to the southeast comer of the tract described in Book 274 of
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Olinger Minor Subdivision — Ne .'arcel Descriptions 04/04/05
Deeds, page 366, on file and of record in the office of the County Recorder, Washington County, Minnesota;
thence westerly deflecting to the left 90 degrees 00 minutes 00 seconds along the south line of said tract a
stance of 330.00 feet to the southwest corner of said tract; thence northerly deflecting to the right 90 degrees
W minutes 00 seconds along the westerly line of said tract to a line distant 249.00 feet southerly of the
southerly line of Lake Jane Trail and the southeast coiner of the tract described in Document No. 362324 on file
and of record in said office of the County Recorder; thence westerly along said line and along the south line of
said tract to the west line of said tract and the west line of the East 505.00 feet of said Government Lot 5; thence
northerly along the west line of said tract and along said west line of the East 505.00 feet of Government Lot 5
to said south line of Lake Jane Trail and the point of beginning; thence easterly along said south line of Lake
Jane Trail to said west line of the tract described in Book 274 of Deeds, page 366; thence northerly along said
west line to the shore line of Lake Jane; thence westerly along said shore line to the west line of the East 505.00
feet of said Government Lot 5; thence southerly along said west line to the point of beginning.
Subject to a drainage easement in favor of the Valley Branch Watershed District as described in Document No.
397877, on file and of record in said office of the County Recorder;
Also, subject to existing Lake Jane Trail running east -west through the above described property;
And other valid easements and restrictions of record, if any.
HERETOFORE QUIT CLAIMED BY DEED DATED MARCH 18, 1982, FILED MAY 24, 1982 AS
`0CUMENT NO. 431649
A 66.00 foot wide parcel of land over that part of the East 186.00 feet of the West 405.00 feet of Government
Lot 5 of Section 10, Township 29 North, Range 21 West, Washington County, Minnesota lying northerly of the
South 1711.82 feet thereof, as measured at a right angle to the south line of said Government Lot 5, containing
1.97 acres, more or less, lying 33.00 feet each side of the following described center line:
Commencing at the southwest corner of said Government Lot 5; thence North 01 degree 42 minutes 37 seconds
West, bearing oriented to the Washington County Coordinate System, South Zone, along the west line of said
Government Lot 5 a distance of 1943.00 feet to the center line of Lake Jane Trail as presently traveled and the
point of beginning of the center line to be described; thence North. 82 degrees 06 minutes 53 seconds East along
said center line 218.31 feet; thence easterly along said center line and a tangential curve, concave to the south,
having a radius of 3926.21 feet and a central angle of 02 degrees 45 minutes 10 seconds, a distance of 188.64
feet to the east line of the West 405.00 feet of said Government Lot 5 and said center line there terminate.
A 66.00 foot wide parcel of land over that part of Government Lot 5 of Section 10, Township 29 North, Range
21 West, Washington County, Minnesota lying northerly of the South 1711.82 feet thereof, as measured at a
right angle to the south line of said Government Lot 5, lying 33.00 feet each side of the following described
center line:
Commencing at the southwest corner of said Government Lot 5; thence North 01 degree 42 minutes 37 seconds
`Test, bearing oriented to the Washington County Coordinate System., South Zone, along the west line of said
- overnment Lot 5 a distance of 1943.00 feet to the center line of Lake Jane Trail as presently traveled; thence
North 82 degrees 06 minutes 53 seconds East along said center line 218.31 feet; thence easterly along said
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Olinger Minor Subdivision — Ni 'arcel Descriptions 04/04/05
center line and a tangential curve, concave to the south, having a radius of 3926.21 feet and a central angle of 02
degrees 45 minutes 10 seconds, a distance of 188.63 feet to the east line of the West 405.00 feet of said
government Lot 5 and the point of beginning of the center line to be described; thence continuing easterly
uiong said tangential curve, concave to the south, having a radius of 3926.21 feet and a central angle of 02
degrees 24 minutes 36 seconds, a distance of 165.15 feet; thence North 88 degrees 05 minutes 55 seconds East a
distance of 408.97 feet to the west line of the tract described in Book 274 of Deeds, page 366 and said center
Iine there terminate.
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