6.3. SR 04-21-2003City ~
Rdver
MEMORANDUM
Item #
TO:
FROM:
Mayor and City Council
M Ph ~
Michele c erson,~Director of Planning
DATE:
April 2 I, 2003
SUBJECT:
Case No. P 03-01
Request by John Oliver and Associates for a Registered Land
Survey for Lot 8, Block 2 Fox Haven, Public Hearing
Preliminary and Final Plat Approval
6.3.
Request
The Council is asked to consider a Registered Land Survey (plat) for Lot 8, Block 2 of Fox
Haven in order to provide a correction to a lot line. The applicant is also requesting final
approval of the request.
Attachments
· Location Map
· Memo from the City Engineer
· Resolution No. 03 -
· Registered Land Survey
Analysis
The purpose of the Registered Land Survey (RLS) is to subdivide 7.13 feet from the westerly
154 feet of the south line of Lot 8, Block 2 Fox Haven and attach it to the adjacent lot to the
south.
The adjacent lot to the south is Torrens property and as a result, judicial markers were used
to locate and set the property comers. Judidal markers are court-ordered markers typically
utilized for establishing property comers in a Torrens action. The judidal markers were,
however, installed in the incorrect location 7.13 feet north of where they were to have been
installed, and as a result, 7.13 feet must be removed from Lot 8 Block 2 of Fox Haven in
order to correct this error. Due to the fact that the property to the south is Torrens
property, a lot line adjustment could not be utilized in this case. The Torrens process
requires a Registered Land Survey to correct this error.
Memo to Mayor and City Council/P 03-01
April 21, 2003
Page 2
The City Engineer has noted one condition for the approval of the Registered Land Survey
and that is new easements must be dedicated along the area of the division.
Planning Commission Action
The Planning Commission held a public hearing regarding this request at ks March 25, 2003
meeting. No one spoke for or against the request. The Commission voted unanimously to
recommend approval of the request to the City Council.
Recommendation
Staff and the Planning Commission recommend that the City Council approve the
Registered Land Survey for Fox Haven.
S:kPLANNING\Case Files\2003\P 03-01 Fox Haven\4 21 03 CC memo.doc
SITE
BUSINESS CENTER DRIVE
COUNTY
COURT
HOUSE
BUSINESS CENTER DRIVE
OUILOI ^
SECOND ADDJ~.
153RD AVENUE
ORONO
COUNTY
FAIR
GROUNDS
ORONO iWAY
SOFTBALL
PARl
TOWNHOMES
THIRD ADD.
PARK 1
PARK
Case Number:.
Location Map
P 03-01 FOX HAVEN
N
Howar
, Green Oompany
March 31, 2003
File: 810640J-0240
Ms. Michele McPherson
Director of Planning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE:
FOX HAVEN ADDITION
SURVEY CORRECTION
Dear Ms. McPherson:
As you are aware, at the Planning Commission meeting regarding the Certificate of Survey correction
for the Fox Haven Addition, I had an opportunity to discuss my recommendation with Lynn Caswell of
John Oliver and Associates, who prepared the Certificate of Survey. Mr. Caswell informed me that
the property owner actually does own all the land that was originally included in the plat and that the
problem arose out of the judicial 'landmarks being incorrectly set. Therefore, he suggested not
vacating the existing drainage and utility easement but simply adding a new easement 10 feet wide
along the newly created lot line. This will, in effect, provide drainage and utility easement 17.13 feet in
width along this portion of the south line of Lot 8, Block 2. We concur with Mr. Caswell's suggestion.
If you have any questions regarding this issue, please call.
Sincerely,
Howard R. Green Company
Terry J. Maurer, P.E.
TJM:sw
Ltr-O33103-McPherson
1326 Energy Park Drive · St. Paul, MN 55108 · 651/644-4389 fax 651/644-9446 toll free 888/368-4389
RESOLUTION NO. 03 -
CITY OF ELK RIVER
A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR:
Lot 8, Block 2 Fox Haven
Case No. P 03-0'1
WHEREAS, application has been made for final plat approval, pursuant to
Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property
legally described on attached Exhibit A and hereinafter referred to as "the
Property"; and
WHEREAS, the application for preliminary plat approval has been referred
to the Planning Commission which has given its advice and recommendation to
the City Council; and
WHEREAS, a preliminary plat of the Property was approved by the City
Council on April 21, 2003; and
WHEREAS, the proposed final plat is consistent with the preliminary plat
as approved by the City Council; and
WHEREAS, the proposed final plat complies with each of the conditions
set forth by the City Council in its approval of the preliminary plat of the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ELK RIVER, as follows:
It is hereby determined by the City Council for the City of Elk River as
follows:
The proposed subdivision is consistent with the Zoning Ordinance
and conforms with all of its requirements.
Bo
The proposed subdivision is consistent with all applicable general
and specialized city, county, and regional plans including, but not
limited to, the City's Comprehensive Development Plan.
The physical characteristics of the site, including , but not limited
to, topography, soils, vegetation, susceptibility to erosion and
siltation, susceptibility to flooding, and drainage are suitable for the
type and density of development and uses contemplated.
The proposed subdivision makes adequate provision for water
supply, storm drainage, sewage transportation, erosion control and
all other services, facilities and improvements otherwise required
herein.
The proposed subdivision will not cause substantial environmental
damage.
The proposed subdivision will not conflict with easements of record
or with easements established by judgment of a court.
The proposed subdivision will not have an undue or adverse impact
on the reasonable development of neighboring land.
Final plat approval is hereby granted for the Property, subject to the
conditions set forth in attached Exhibit B.
The officers of the City are hereby authorized, once the conditions set
forth in Exhibit B are met and complied with, to sign the final plat for the
Property and to issue a certified copy of this Resolution giving final
approval of the plat.
The owner of the Property is authorized to record the final plat as required
by law and shall file proof of said recording with the City. No building
permits will be issued for the Property until the final plat is recorded.
This final plat approval shall expire one year from the date of this
resolution if the final plat is not recorded within that time.
The foregoing resolution was introduced by Council
and duly seconded by Council Member
The following voted in favor of the Resolution.
Member
The following voted against the Resolution:
The following were absent:
S:\PLANNING\Case Files~003\P 03-01 Fox Haven\Final Plat Resolution.doc Page 2
WHEREUPON the resolution is adopted.
Passed and adopted this 21st day of April, 2003.
Stephanie Klinzing, Mayor
CERTIFICATE
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City of
Elk River, Minnesota, hereby certify that the above resolution is a true and
correct copy of the resolution as adopted by the City Council of the City of Elk
River on April 21, 2003.
WITNESS my hand officially as such Clerk and the corporate seal of the
City this __ day of ,2003.
Sandra Peine, City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this __
, 2003, by Stephanie Klinzing, Mayor, City of
Minnesota,
Elk
day of
River,
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
Notary Public
The foregoing instrument was acknowledged before me this __ day of
,2003, by Sandra Peine, City Clerk, City of Elk River, Minnesota.
Notary Public
S:\PLANNING\Case Files~003\P 03-01 Fox Haven\Final Plat Resolution.doc Page 3
EXHIBIT A
Legal Description:
Lot 8, Block 2 Fox Haven
S:\PLANNING\Case Files~003\P 03-01 Fox Haven\Final Plat Resolution.doc Page 4
No Conditions
EXHIBIT B
S:\PLANNING\Case Files~2003\P 03-01 Fox Haven\Final Plat Resolution.doc Page 5
REGISTERED LAND
SHERBURNE
SURVEY NO.
COUNTY, MINNESOTA
TRACT A
S89°31'20"W TRACT B ....... .;
.--' 16.20
,,' I d.L.M. ......S 89'51'20" W 154.84 ......
', ..........S 89°3l'20" W 155.17 ......
,,: S89°31'20"W 171.00
'~--South line of Lot 8
J.L.M.
50 I00 150
SCALE IN
SCALE: I inch = 50 feet
FEET
NOO°I4'26"W
7.13
13
$outheost corner./
of Lot 8, Block 2
FOX HA VEN
0 Denotes iron pipe set with o plostic
plug stomped RLS 21729.
Denotes iron pipe found.
/
I
,
I hereby certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949, as amended, I
have surveyed the following described property situated in the County of Sherburne, State of Minnesota, to wit:
Lot 8, Block 2, FOX HAVEN, SherDurne County, Minnesota.
I hereby certify that this Registered Land Survey is a correct delineation of said survey. Dated this day
of , 200
Rick M. Blom, Land Surveyor
Minnesota License No. 21729
Approved and accepted by the City Council of the City of Elk River, Sherburne County, Minnesota at a meeting held
on the day of , 200
By: , Mayor
Attested: , Clerk
Pursuant to Sherburne County Ordinance Number 006, I hereby certify that this Registered Land Survey has been
checked and approved as to compliance with Chapter 508, Minnesota Statutes this day of
, 200
John O. Oliver
Acting Sherburne County Surveyor
I hereby certify that proper evidence of title has been presented to and examined by me and I hereby approve this
plat as to form and execution this day of , 200
Elk River City Attorney
I hereby certify taxes payable in the year on lands herein described are paid in full, and there are no
delinquent taxes, and that transfer was entered this day of , 200
Sherburne County Auditor/Treasurer
I hereby certify that this instrument was filed in the Office of the Registrar of Titles for record on this
day of , 200 , at __ o'clock __.M., and was duly filed as Torrens Document No.
Sherburne County Registrar of Titles
JOHN
OLIVER &~ ASSOCIATES, INC.
SHEET I OF I SHEETS