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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 -. 6v LM va • n ,4. Ir '7 r cq u r JS CP ,. fp nreNLs0 CD Ar vI� CL O Z Ul cz U c� Z } E• H K Z � > 0 > O � U 0 Y LLl WK LL 0O CO = •0 K o — • Q o I I _ � I � JI II — I — � — II I � I�s a � ui ui w Nz / h�M v o OB 3.EM9"SOS 000E E € a z € r � 1- o� • _. 'i �I -- El 89'LZL 3,ObOON —EE 3- �w a N l6iN— M�,s P ��:maa gEag ,I00N15 1MM 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