4.7 SR 09-06-2022City of
Qk*'
River
Request for Action
To
Item Number
Mayor and City Council
4.7
Agenda Section
Meeting Date
Prepared by
Consent
September 6, 2022
Zack Carlton, Community Development Director
Item Description
Reviewed by
Plat Extension: Island View Seventh Addition
Cal Portner, City Administrator
Reviewed by
Action Requested
Extend, by motion, the deadline to record the final plat of Island View Seventh Addition to October 31,
2022.
Background/Discussion
The Final Plat of Island View Seventh Addition was approved on August 20, 2019. Resolution 19-37
requires the final plat to be recorded no later than two years from the date of approval. On July 5, 2022,
the applicant requested, and Council approved, a retroactive extension to August 20, 2022.
Due to legal issues with the property ownership, the recording of the plat has not occurred, and the
applicant is requesting a second extension to October 31, 2022.
Staff has no concern with the extension as requested, with the understanding that all conditions of
approval, including development fees, must be addressed prior to recording.
Financial Impact
None
Attachments
Location Map
Final Plat
■ Extension Request dated August 26, 2022
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e
service, and community engagement that encourages and inspires pi ospei ly INAWRE1
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19230 Evans Street NW, Suite 103
Elk River, MN 55330
(763) 355-9072
www.blustinlaw.com
writer's email: sablustitt@blustinlaw.com
August 26, 2022
By Email (zcarlton@ElkRiverMN.gov)
Zack Carlton
Community Development Director
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Re: City of Elk River — Resolution 19-37
Dear Mr. Carlton:
As you are aware, the undersigned law firm represents SnL Island View Properties, LLC (" SnU) and Lillian
Sola. In June, our clients contacted your office and requested that the City Council grant a one (1) year
extension of Resolution 19-37 retroactive to the resolution's termination date of August 20, 2021 so that SnL
may complete the recording of the plat and allow the county title examiner to file the Application to Change
Title to Property in Sherburne County District Court. The City Council graciously granted this request at its
July 5, 2022 meeting.
At this time, the plat drawing has been completed and has been approved by Sherburne County pending the
completion of the quiet title action that is currently pending in Sherburne County District Court (In the
Matter of the Application of SnL Island View Properties, LLC, a Minnesota limited liabilily company, and
Lilian Sola, a single adult, To Register Title to Certain Land, Sherburne Co. Dist. Ct. File No. 71-CV-22-
911). With respect to that action, the Application to Register Title to Certain Land has been filed and the
Examiner of Titles' Report, Petition for Summons, Summons, and Order for Summons have all been drafted
and are awaiting final approval by the Examiner of Titles. Once that approval is received, these documents
will be filed and served on the defendants, and they will then have 20 days in which to interpose a response
to the Petition. If no responses are filed, the Court will then be able to enter an order approving the petition.
What this all means is that SnL and Mrs. Sola will need an additional extension of time with respect to
Resolution 19-37 in order to complete the quiet title action and obtain the order necessary for both the
county and the city to sign off on the updated plat. We anticipate that a sixty (60) day extension would
allow for the completion of this process and would ask that the City Council grant such a request at its next
meeting.
Thank you for your help in this matter. Please let me know if you have any questions or need additional
information in order to present our clients' request.
Very Truly Yours,
BLUSTIN & ASSOCIATES, PLLC
B7. sXOS ct. ,B4.0"n.
Sholly A. Blustin