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HomeMy WebLinkAboutRES 82-007 RESOLUTION APPROVING ST. ANTHONY COURT ADDITION Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 102615 Box: 23 Folder: RES 1982 Document: RES 82-007 RESOLUTION APPROVING ST. ANTHONY COURT ADDITION w, !�3 RESOLUTION 82-007 A RESOLUTION APPROVING ST. ANTHONY COURT ADDITION WHEREAS, the City Council had reviewed .the St. Anthony Court Addition Plat. WHEREAS., the City has reviewed the request for an extension of the time limitation of three months which has transpired since the approval of the preliminary plat and hereby grants the request— WHEREAS, equest—WHEREAS, the Plat is in conformance with City zoning and platting requirements . NOW, THEREFORE, BE IT RESOLVED that the St. Anthony Court Addition Plat is hereby approved. Adopted this ,5 day of 1982 . l.Ma r i ATTEST: Cit Clerk Reviewed for administration: fn, Ck'm' City Manager CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution presented to and adopted by the City Council of the City of St. Anthony , Minnesota, at a ly authorized meeting thereof held on the 5 _ day of , 1982 , as shown by the minutes of said meeting n my pos ssion. ^� '�. City Clerk • MEMORANDUM TO: Mayor, City Council and City Manager of the City of St. Anthony -RE: Proposed Plat of St. Anthony Court <4 DATE: October 19 , 1981 We have reviewed the proposed plat of St. Anthony Court, and the title to the property being platted, as evidenced by a Registered Property Report certified to October 14-, 1981 at 8 : 00 A.M. , by the Abstract Clerk, Ramsey County, Minnesota.._ The following are our conclusions with respect to the title and the plat. 1. TITLE. , Based upon examination of the plat and the Registered Property Report, we conclude the following: a. The record fee owner of the property described in the plat is Gordon Hedlund, who is married to Marion J. Hedlund. The plat correctly shows them as the owners . b. The property is subject to a highway easement over the west 10 feet of the property registered January25 , 1978 as Document No. 652239. This easement is being rededicated in the new plat as part of Silver Lake Road. C. The property is subject to a covenant to keep the ditches and water courses on the land open and tiled for the protection of certain other property. This is a private covenant which the City has no obligation to enforce. Moreover, we understand that the drainage has been reviewed and approved by the watershed district. d. The Registered Property Report shows that the real estate taxes due and payable in the first half of 1981 and prior years are paid and that there are no unpaid special assessments. ' 2. PLAT :CONTENT. We have the following comments with respect to the proposed plat in consideration of the platting requirements of Minnesota Statutes, Chapter 505, Section 330 of the City' s Subdivision Ordinances, and the requirements of Section 6 of the City' s Zoning Ordinance_: a. The plat shows drainage and utility easements over most of Lot 1 , Block 5 (the common area to be owned by the townhouse association) and over portions of the individual townhouse lots. Unless there are or will be public utility lines , located in these areas, the utility easements probably should not be dedicated in the .plat. If the utilities in these areas are merely the ones to be owned and maintained by the association, this will be' covered by the townhouse documents referred to below. Dedication of the easements in the plat would make the lines public and would presumably impose obligations of maintenance on the City rather than the association. The drainage easements should continue to be dedicated in the plat.. b. Section 6-, Subdivision 5 , paragraph 2 of the Zoning Ordinance requires for the overall parcel a minimum of 4 , 000 ' square feet per unit (100, 000 square feet for these 25 units) . Since the total area appears to be less than 100 , 000 square feet, a variance to this provision would be required. c. We assume that staff has checked the building plans against the height, area and setback requirements of Section 6, Subdivision 5 of the • Zoning Ordinance. d. We have assumed that the name of the proposed plat is proper and that the surveyor has checked the name to make sure that it is not the same as or deceptively similar to any plat previously recorded in Ramsey or Hennepin County. e.. When the proposed plat has been approved,, it must be recorded by the owners within 30 days . A copy of the recorded plat should be furnished to the City, as required by the City' s platting ordinance. We have also reviewed the proposed Articles of Incorporation, 'By-Laws, and Declaration of Covenants , Restrictions, and Easements relating to St. Anthony Court and the St,. Anthony Court Homeowners Association, copies of which are enclosed. These documents are for the purpose of establishing a non-'profit cor- poration to provide maintenance, preservation and architectural control for the property covered in the plat. We have the following comments on these documents : a. ARTICLES OF INCORPORATION. (1) Article l specifies that the name of the corporation shall be St. Anthony Homeowners Association. According to the other docu- ments, the correct name is St. Anthony Court Homeowners Association. . (2) Article III states that the plat is recorded or will be recorded in the office of the Ramsey County Recorder. ' This is incorrect; the plat is to be filed with the Ramsey County Registrar. of Titles , since this is Torrens property. (3) The membership of the Association is made up of each record -owner of the townhouse lots in the plat. initially, the association has two classes of voting membership: the Class A members are all owners other than Mr. and Mrs. Hedlund, and the Class B members are Mr. and Mrs . Hedlund. The Class B members are entitled to three votes for each lot owned by them. Class B membership terminates and is converted to Class A membership when the Class A votes equal the Class B votes or October 1, 1985, whichever occurs first. This means that the Developer may control the association until three-fourths of the lots are owned by buyers or .wren one-half of the lots are owned by buyers after October 1 , 1985. This is not an uncommon procedure and is done in order to give the • Developer control of the Association whi.le. the units are developed. (4) The first directors of the association are Gordon Hedlund, Marion J. Hedlund, and Sidney Johnson. b. BY-LAWS (1)- The By-Laws- provide for the organization and administration of the association, and appear to be typical in form. (2) Section 7 of Article II states that the -Declaration of Covenants, Restrictions , and Easements is recorded in the office of the Ramsey County Recorder. This is incorrect. Since the property is Torrens, the Declaration will be recorded with the Ramsey County Registrar of Titles . (3) Article III provides that the first annual meeting will be held on September 1 ,1981. Unless the corporation was formed prior to this date, this will not be possible. • (4) The Board of Directors is responsible for - setting and collecting annual association -3- • assessments and for maintenance of the common areas and exteriors of the buildings. It is desirable to have the ' association, rather than the individual owners, responsible for exterior maintenance. c. DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS . (1) The Declaration is the document which creates the various easements in the common area (Lot 1, Block 5) . This will be recorded on the title to all of the property in the plat and will give each unit owner the necessary ease- ments for access, sewer, water, etc. Presumably, the City utility lines will run only to the common area and the lines within the common area will be owned and maintained by the association rather than the City. (2) The legal description is not attached to this document, but presumably it will include all lots in the plat. (3) Article II , Section 1 (c) and the sentence at the end of Section 1 of Article II provide that the association may dedicate or transfer all or any part of the common area to any public authority or utility, but that no such dedication or transfer shall be effected unless an instrument signed by two-thirds of each class of members has been recorded. For the City ' s protection, this should be permitted only with the City ' s approval . To cover this, the sentence could be amended to read as follows : No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedi- cation or transfer has been accepted by the public agency, authority, or utility in question and has been recorded. (4) Article VII provides that no exterior additions or alterations may be made without the approval of an Architectural Committee composed of the 'Board of Directors. This is a desirable pro- vision in order to retain uniformity of exterior design and appearance. (5) As indicated above, the association; rather than the individual owners , is responsible for -4- • exteriox maintenance, including painting, repair, replacement and care for the roofs, gutters , downspouts and exterior building surfaces- (except for glass) . The association then is able to assess the members for these costs. (6) Until January 1 of the year following the conveyance of the first lot by the Developer to an owner, the assessment is $40. 00 per month. Thereafter, the assessment may be increased, within limits , as provided in Section 3 of Article IV. This memorandum is for the background and information of the persons to whom it is addressed. Since the contents of this memorandum do not necessarily represent the position of the City, it is probably best if the contents are not revealed to anyone other than the persons to whom addressed. DORSEY, WINDHORST, HANNAFORD, WHITEY HALLAD By • WilliamS-__1e R. Soth WRS: JJ -5- • City Council City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 Dear Sirs , Due to the delay encountered by the problem with the 10 foot county right-of-way and subsequent density problem and necessary variance hearing , filing of the final plat within 3 months of submission of the preliminary plat was not possible . Therefore, as required by City of St. Anthony ordinances , I am requesting an. extension of the time period for submitting the final plat. Sincerely, Sidnev J on Nu-Way Builders •