HomeMy WebLinkAbout6.j. Novacek Property Subdivision WaiverCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: May 6, 2003
AGENDA ITEM: Novacek Property Subdivision Waiver
AGENDA SECTION:
Consent
PREPARED BY: Rick Pearson, City Planner
AGEJ" #6 J
ATTACHMENTS: Draft Resolution
APPROVED BY:
SUMMARY
The attached resolution granting a subdivision waiver accomplishes the legal separation of the parcels involved
in the city acquisition of land from the Novaceks near Bacardi Avenue and 135 Street West. The
condemnation process essentially substitutes for the typical lot split procedure. Corrine Thompson of Kennedy
& Graven prepared the resolution.
RECOMMENDED ACTION:
Motion to adopt a resolution granting a subdivision waiver, authorizing the split of tax parcel 34- 02110 -013-
50.
CITY COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2003-
A RESOLUTION GRANTING A SUBDIVISION WAIVER
AUTHORIZING THE SPLIT OF TAX PARCEL 34- 02110- 013 -50
WHEREAS, George A. Novacek and Judy L. Novacek ( "Novaceks ") are the fee owners of
certain real estate located in Dakota County, Minnesota, having tax parcel identification number
34- 02110- 013 -50 ( "The Property ") and being legally described as follows:
The North 1452.00 feet of the East 300 feet of the Southwest Quarter of Section 21,
Township 115, Range 19, Dakota County, Minnesota; except that part thereof described
as follows: commencing at the Northeast Corner of said Southwest Quarter; thence
South 120 feet; thence West 85 feet to the point of beginning of the exception to be
described; thence West 90 feet; thence South 90 feet; thence East 90 feet; thence North
90 feet to the point of beginning.
WHEREAS, the City of Rosemount has commenced a proceeding in condemnation to acquire a
portion of the property ( "Parcel A "), legally described as follows:
Parcel A (to be conveyed to City)
The South 880 feet of the North 1452.00 feet of the East 300 feet of the Southwest
Quarter of Section 21, Township 115, Range 19, Dakota County, Minnesota.
WHEREAS, the City and Novaceks have reached a settlement of the condemnation action
under which the Novaceks will convey Parcel A to the City and will retain ownership of
remainder of the Property, which is identified as Parcel B and legally described as follows:
Parcel B (to be retained by Novaceks)
The North 572.00 feet of the East 300 feet of the Southwest Quarter of Section 21,
Township 115, Range 19, Dakota County, Minnesota, except that part thereof described
as follows: commencing at the Northeast Corner of said Southwest Quarter; thence
South 120 feet; thence West 85 feet to the point of beginning of the exception to be
described; thence West 90 feet; thence South 90 feet; thence East 90 feet; thence North
90 feet to the point of beginning.
WHEREAS, the proposed conveyance of Parcel A to the City would constitute a subdivision of
land under the City's subdivision regulations and would also constitute a split of an existing tax
parcel, no. 34- 02110 - 013 -50; and
WHEREAS, it would be an unnecessary hardship on the Novaceks to require them to obtain a
subdivision approval under these circumstances, when no subdivision approval would be
required if the City were to proceed with condemnation of Parcel A; and
WHEREAS, the City has an immediate need for Parcel A for water tower purposes, and it
would be an unnecessary hardship on the City to delay the transfer of Parcel A to the City
pending completion of subdivision approvals.
RESOLUTION 2003-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ROSEMOUNT:
1. The City Council finds that requiring compliance with the City's subdivision regulations
prior to conveyance of Parcel A would create an unnecessary hardship, within the meaning of
Minnesota Statutes, Section 462.358, subdivision 4b.
2. The City Council further finds that, because the acquisition of Parcel A is for government
purposes and not for purposes of creating lots of development, the subdivision waiver
approved hereby does not interfere with the purpose of the City's subdivision regulations.
3. Pursuant to Minnesota Statutes, Section 462.358, subdivision 4b and Section 272.162,
subdivision 2, the City Council waives compliance with its subdivision regulations for the
conveyance of Parcel A and the creation of Parcel B as described.
4. The County Recorder is directed to accept for filing the deed or deeds conveying title to the
Parcels described.
ADOPTED this 6 day of May, 2002, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST:
Linda J. Jentink, City Clerk
Motion by:
Voted in favor:
Seconded by:
Voted against:_
Member absent:
2