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Waldoch Subdivision February 23, 2004 Page 2 Easements. With every subdivision of land, the City requires that drainage and utility easements be dedicated around the perimeter of the lot. The certificate of survey provided by the applicants however does not indicate the presence of existing or proposed easements. The survey will need to be revised to show ten foot front and rear drainage and utility easements and five foot drainage and utility easements on the side lot lines for Parcels A and B. In addition, the following language will need to be added to the certificate of survey: “The proposed drainage and utility easement areas as shown herein shall be dedicated to the City of Mounds View by a separate document recorded with Ramsey County.” Public Notice. While a public hearing is not required for this request, in January staff hand delivered informational letters to neighboring property owners as a courtesy, informing them of the proposed minor subdivision. No resident at that time or since then indicated any objection to the proposed subdivision. Assessment Issues. After the Sherwood Estates subdivision was approved, the street and utility infrastructure were installed by the developer and paid for by the developer. No assessments were levied against the new lots. While it is true that Mr. Waldoch did not participate in the original development of the Sherwood Estates subdivision, there are no outstanding assessments or charges associated with the outlot for which Mr. Waldoch would be liable. The Outlot was forfeited to the State by the original owners due to unpaid taxes and Mr. Waldoch was the high bidder at the resulting auction. Unclean Title. Staff has forwarded the Registered Property Abstracts (RPAs) regarding the two lots proposed for subdivision to the City Attorney for his review. The attorney points out that tax forfeited properties purchased through the county do not come with clear titles. Before the subdivision can move forward, the title issue must be resolved. The attorney points out three options can be pursued, the first is to let the property sit for ten years at which point a new title can be obtained. The title can be cleared through an administrative court proceeding called a “proceeding subsequent,” however that could take a year or more to complete. The last, and most expeditious, option is to have the title company issue a warrantee of sorts, insuring the property against any title defects or deficiencies relating to it’s former tax forfeited status. I have informed the property owner of these options and have discussed the process with the owner’s title company. If we do not receive the required documentation to satisfy the title issue, I will ask to have this action tabled or possibly denied. Planning Commission Action. The Planning Commission has recommended approval of this proposed subdivision, with stipulations. Their resolution is attached for the Council’s reference.