7.10. SR 06-21-1993
-'ty of
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ITEM 7.10.
TO:
MAYOR AND CITY COUNCIL
Cj
I er
FROM:
STEPHEN ROHLF, BUILDING & ZONING
ADMINISTRATOR
JUNE 10, 1993 .s
DATE:
SUBJECT: UPDATE ON THE PLAT OF BRUCE
ADDITION, CASE NO. P 93-06
The legal notification in the Elk River Star News and mailed
notice to adjoining property owners for the plat of Bruce
Addition did not include the fact that part of Lot 12, Block 1,
Barrington Hills was proposed to be replatted and included in
Bruce Addition. That portion of Lot 12 affected by the plat of
Bruce Addition, is shown on the attached drawing. Also
attached is a copy of the legal description from the
preliminary plat, which has no mention of Barrington Hills.
This was simply an error by the surveyor.
The portion of Lot 12 from Barrington Hills, used in the plat
of Bruce Addition, does not negatively affect the Lot as a
building site. Staff has talked to City AttorneYI Peter Beckl
regarding this situation and his legal opinion is attached.
The Council will need to decide whether or not to re-advertise
this plat with a corrected legal description with reviews by
the Planning Commission and City Council. The developer and
staff will be at Monday night's meeting to further address this
issue.
P.O. Box 490 t;l 13065 Orono Parkway 0 Elk River, MN 55330 e (612) 441-7420 tiP Fax: (612) 441-7425
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1600 NORWeaT fiNANCIAL CENTER
7iOO XERXES AVENue SOUTH
BLOOMINQTON. MINNEsOTA !8431~1194
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MEMORANDUM
FROM:
Mayor Hank Duitsman and Members of the City Council
Peter BecK, City Attorney
June 16, 1993
Bruce Addition
TO:
DATE:
RE:
~teve Rohlf has brought to my attention the fact that the legal
description on the plat of Bruce Addition is inaccurate in that it
does not identity that part of Lot 12, Block 1, Barrington ~ills which
is proposed to be replatted and included in Bruce Addition. Steve has
asked me to advise the Council of its options for correcting this
error.
Minnesota Statutes Section 462,358 requires that a public hearing be
held on plat approvals, following publication of notice of the time
and place of the hearing. The published notice typically includes the
legal description of the property to be platted. In this case, the
published notice did not include any indication that the plat included
a portion of Block 12, Lot 1, Barrington Hills. It is my
understanding that Lot 12 is already substandard in terms of land
area, and that taking part of Lot: 12 for Bruce Addition will make Lot
12 somewhat smaller. My concern is that it is possible someone from
the public may have objected to the plat on the grounds that it
reduced the size of Lot 12, but had no notice of this fact and no
opportunity to be heard on the subject. However, I recognize that it
is extremely unlikely this would have been the case.
Minnesota Statutes Section 505.03 requires every plat to have a full
and accurate description of the land platted. The plat for Bruce
Addition does not comply with this requirement. However, Minnesota
~tatutes Section 505.174 provides that a plat which has been executed
d filed in the Office of the County Recorder which fails to identify
LARKINt HOFPMANt DALY & LINDGREN) LTD.
Memorandum
"una 16 I 1993
age 2
or correctly describe the land to be platted can be corrected. The
procedure is for the surveyor who prepared the plat to execute a
certificate stating the error. Pursuant to Section 505.176, this
certificate must be approved by the City before filing and recording.
We have approved such certificates in situations where the plat or the
legal description had a minor error such as a wrong number, etc.
Section 505.174 is not directly applicable in this situation because
the plat has not been executed and filed with the County Recorder.
However, in my opinion, the City Council could allow the plat to be
corrected if it determines that the error is so minor that it would
have approved a certificate of correction under Section 505.176 i~ one
had been requested after recording. If the Council does not feel that
the error is so minor that a certificate of correction would have been
approved after filing of the plat, then the proper procedure would be
to require that a correct legal description of the property to be
platted be published and heard pursuant to the normal subdivision
process.
I will be at the Council meeting to answer any questions you may have_
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PROPOSED DESCRIPTION FOR "BRUCE ADDITION":
Lots 5 through 15 inclusive, Block 5, BARRINGTON PLACE.
TOGETHER WITH that part of Lot 9, Block I, BARRINGTON
PLACE REPLA T NO.5, which lies north of the following
described line: Beginning at the Northeast corner of Lot
16, Block 5, BARRINGTON PLACE; thence southwesterly a
distance of 119.04 feet, more or less, to the Southeast
corner of Lot 5, said Block 5; thence westerly along the
Southerly lines of Lots 5, 6, and 7, said Block 5, for a
distance of 38.06 feet, more or less, to an intersection
with the extension northeasterly of the North line of Lot
8, Block I, said BARRINGTON PLACE REPLA T NO.5; thence
southwesterly along said extension and along said North
line of Lot 8 and along its extension westerly for a
distance of 89.75 feet, more or less, to the West line of
said Block I. BARRINGTON PLACE REPLA T NO. 5 and there
terminating.
All in Sherburne County, Minnesota.
SC 06: /brucead (