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HomeMy WebLinkAboutRES 82-022 RESOLUTION APPROVING THE BROWN'S TERRACE PLAT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102598 Boz: 23 Folder: RES 1982 Document: RES 82-022 RESOLUTION APPROVING THE BROWN'S TERRACE PLAT RESOLUTION 82-022 A RESOLUTION APPROVING THE BROWN'S TERRACE PLAT WHEREAS , the- City Council of the City of. St. Anthony, on Play 25 , 1982 , reviewed the Brown 's Terrace Plan for compliance with the City ''s platting regulations and so .finding, a motion to approve the plat was carried unanimously . NOW, THEREFORE , BE IT- RESOLVED,. that the City Council *of the City of St. Anthony does approve by Resolution, Brown.'s Terrace Plat. Adopted this �.5 day of y , 1982 . • Dfayor ATTEST: O1 . City. Clerk -Reviewed for administration: R r _ City Manage CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution presented to and adopted by the Council of the City of St. Anthony, Minnesota at a duly authorized meeting thereof held on the 25th day of May , 1982 , as shown by the minutes of said meeting in my possession. St. Anthony City Jerk _ r • MEMORANDUM TO: Mayor, City Council and City Manager, of the City of St. Anthony RE: Proposed Plat of Brown ' s Terrace DATE: May 19 , 1982 We have reviewed the proposed plat of Brown' s. Terrace and the title to the property being platted, as shown by three Registered Property Abstracts each certified to March 31, 1982 by Title Insurance Company of Minnesota,, covering Certificates of Title Nos. 615877 , 87347 and 203958 . The following are our conclu-sions with respect to the title and the plat: 1. TITLE. Based upon an examination of the plat and above described evidence of title, we conclude that: a. The record fee owners of the property described in the plat are Edwin A. Brown and Alyce Ann Brown,' .husband and wife; David G. Taylor and Alice L. Taylor, husband and wife; and Ila L. • Clark, a single woman. The plat correctly shows them as owners except for. the following corrections which should be made to the plat: (1) The plat describes only part of the property owned by Ila Clark . The written description must be expanded to include a second parcel owned by her to cover all of the property included in Certificate of Title No. 615877 and to cover all of the property being platted. (2) Add "Ann" as Mrs. Brown' s middle name in the signature line (3) Ila Clark' s middle initial should be changed to "L" in the property description, signature line and notarial statement. b. The Registered Property Abstracts show no memorials for mortgages. or other encumbrances on any of the three Certificates of Title. c. The North 33 feet of each property is subject to the right-of-way of 33rd Avenue N.E. and this has been rededicated - in the plat. • d. There are no delinquent real estate taxes on the properties. If the plat is filed after May 31, 1980 , the first half of the taxes payable in 1982 must be paid before the plat may be filed. r - 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 4 of Zoning Ordinance: the City' s a. The plat dedicates 33 feet for the South half of 33rd Avenue N.E. and certain drainage and utility easements, and we assume that the City' s Public Works Department is satisfied that these are adequate for the City' s ,purposes .. 'b. Section 330 : 35 of the City' s Subdivision Ordinance, Subd. G (b) requires lots 75 feet in width and having an area of not less than 9, 000 square feet. Section 4, Subd. 5 (2) of the. Zoning Ordinance has the same requirements, and in addition has . a requirement of 11, 000 square feet and a 90 foot width for a corner lot. Variances are to be - -considered by the Council in this regard. The plat, of course, cannot be given final- approval unless the variances are granted. c. The plat includes a certification that written comments and recommendations 'have been received •. from the Commissioner of .Transportation and the County Highway Engineer, or that the requisite period has elapsed without the receipt of such comments. Under Minnesota Statutes, Section 505 . 03 , Subd. 2 , the plat must .be referred to the Commissioner of Transportation only i'f it abuts a trunk highway and must be submitted to the' County Engineer only if it abuts a County road. Since 33rd Avenue N.E. and Belden Drive are City streets, review by the State and County are not necessary and this certification should be deleted from the plat. d. 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. DORSEY & WHITNEY By William R. Soth • WRS: jj DORSEY, WINDHORST, HANNAFORD, WHITNEY& HALLADAY 2200 FIRST BANK PLACEEAST • MINNEAPOLIS,MINNESOTA 55402 880 W-FIRST NATIONAL BANK BLDG. (612)340-2600 1150 RING BUILDING ST.PAUL,MINNESOTA 55101 1200 18TH STREET N.W. (612)227-8017 _ WASHINGTON,D.C.20036 , CABLE:DOROW (202)296-2780 P.O.BOX 848 TELEX:29-0605 (800)424-2942 340 FIRST NATIONAL BANK BLDG. TELECOPIER:(612)340-2868 ROCHESTER,MINNESOTA 55903 312 FIRST NATIONAL BANK BLDG. (507)288-3156 WAYZATA,MINNESOTA 55391 (612)475-0373 201 DAVIDSON BLDG. 8 THIRD STREET NORTH 30 RUE LA BOETIE GREAT FALLS,MONTANA 59401 - 75008 PARIS,FRANCE (406)727-3632 TEL:(1)562-32-50 WILLIAM R.SOTH , P.A (612)340.2969 May 19 , 1982. Mr. David M. Childs City Manager City of St. Anthony 3301 Silver Lake Road Minneapolis, Minnesota 55418 - Dear Dave: Enclosed is my .Memorandum to you and the Mayor and City Council regarding the proposed plat of Brown' s Terrace. As you will see from the Memorandum, there are no problems with the titles to these three • properties, but there are a number of. errors in' the plat itself which- must be corrected. I have sent a copy of this Memorandum to the attorney for the owners so that he can instruct the surveyor to make the corrections to the plat. If .you 'have any further questions on this, please give me a call. . VeVialy .yours, UQ� WiR.� Soth WRS: jj Enclosure •