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Res 2015- 40 CUP to Amend PUD LeMay ShoresCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-40 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND A FINAL PLANNED UNIT DEVELOPMENT PLAN, FINAL PLAT, AND DEVELOPMENT AGREEMENT WHEREAS, Ryland Homes has applied for a conditional use permit in order to amend a final planned unit development plan, final plat, and development agreement for the LeMay Shores project, as proposed in Planning Case 2015-17 and described in Exhibit A; and WHEREAS, the Mendota Heights City Council held a public hearing on this matter at their regular meeting on June 16, 2015. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2015-17 is hereby approved with the finding of fact that the application meets the policies and standards of the City Code. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2015-17 is hereby approved with the condition that the developer file the amended Final Plat and Development Agreement with Dakota County. Adopted by the City Council of the City of Mendota Heights this sixteenth day of June, 2015. CITY COUNCIL CITY OF MENDOTA HEIGHTS SaAra.Krebs a VMayor ATTEST: e`i���-cam Lorri Smith, City Clerk 10,140,11 Legal Description All of lots 29, 30, 31 and 35, all in AUDITOR'S SUBDIVISION NO. 34, MENDOTA according to the recorded plat thereof on file and of record in the Office of the Registrar of Titles, Dakota County, Minnesota, And, That part of lots 37 and 38 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southerly, and easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLATS NO. 19-95 AND 19-96, according to the recorded plats thereof on file and of record in the Office of the County Recorder, Dakota County, Minnesota, And: That part of lot 40 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLAT No. 19-96, and which lies southwesterly of the following described line: Beginning at the northwest comer of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast comer of said lot 40 and said described line there terminating, And, That part of lots 32 and 33 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southwesterly of the following described line: Beginning at the northwest comer of said Lot 32, thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast comer of said lot 40 and said described line there terminating, And; Lot 39 of said AUDITOR'S SUBDIVISION NO. 32, MENDOTA, except one-half acre of said Lot Thirty-nine (39) conveyed to Golde Conoyor, by deed recorded in the Office of the Register of Deeds of Dakota County, Minnesota in Book "Z-2 of Deed, page 92". Except that part of said Lots 33 and 40 described as follows: Commencing at the northwest comer of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast comer of said lot 40; thence North 40 degrees 19 minutes 49 seconds West along last course 180.17 feet to the point of beginning of said Exception; thence continuing North 40 degrees 19 minutes 49 seconds West 242.93 feet; thence South 49 degrees 40 minutes 11 seconds West 116.57 feet; thence South 25 degrees 43 minutes 58 seconds West 34.93 feet; thence South 03 degrees 59 minutes 54 South West 26.03 feet; thence South 22 degrees 11 minutes 44 seconds East 102.84 feet; thence South 60 degrees 54 minutes 30 seconds East 35.66 feet; thence South 79 degrees 53 minutes 03 seconds East 96.57 feet to the intersection with a line drawn South 51 degrees 46 minutes 06 seconds West from the point of beginning; thence North 51 degrees 46 minutes 06 seconds East 124.75 feet to the point of beginning. Res 2015 40 page 2 Receipt:# 393633 749980 RES $46.00 Return to: CITY OF MENDOTA HEIGHTS Recorded on: 8124/2015 2:29 PM 1101 VICTORIA CURVE MENDOTA HEIGHTS MN By: LAS, Deputy 55118 Cert # 161336 Office of the Registrar of Titles Dakota County, Minnesota Joel T Beckman, Registrar of Titles I CITY OF MENDOTA HEIGHTS - DAKOTA COUNTY, MINNESOTA RESOLUTION 2015-40 RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO AMEND A FINAL PLANNED UNIT DEVELOPMENT PLAN, FINAL PLAT, AND DEVELOPMENT AGREEMENT WHEREAS, Ryland Homes has applied for a conditional use permit in order to amend a final planned unit development plan, final plat, and development agreement for the LeMay Shores project, as proposed in Planning Case 2015-17 and described in Exhibit A; and WHEREAS, the Mendota Heights City Council held a public hearing on this matter at their regular meeting on June 16, 2015. NOW THEREFORE, BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2015-17 is hereby approved with the fmding of fact that the application meets the policies and standards of the City Code. BE IT FURTHER RESOLVED, LVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2015-17 is hereby approved with the condition that the developer file the amended Final Plat and Development Agreement with Dalcota County. Adopted by the City Council of the City of Mendota Heights this sixteenth day of June, 2015. ATTEST: t,— 0 cz�� X z1a Lorri Smith, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Sa ra Icreys�ba, Mayor RECEHVED ZU15 DAks'-1 1-A CUUN-P( TAMFION & RECORDS Legal Description All of lots 29, 30, 31 and 35, all in AUDITOR'S SUBDIVISION NO. 34, MENDOTA according to the recorded plat thereof on file and of record in the Office of the Registrar of Titles, Dakota County, Minnesota, And, That part of lots 37 and 38 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southerly, and easterly of MINNESOTA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLATS NO. 19-95 AND 19-96, according to the recorded plats thereof on file and of record in the Office of the County Recorder, Dakota County, Minnesota, And: That part of lot 40 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies easterly of • MINNESOTA DEPARTMENT OF TRANSPORTATION FIGHT OF WAY PLAT No. 19-96, and which ' iich lies southwesterly of the following described line: Beginning at the northwest comer of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast comer of said lot 40 and said described line there terminating, And, That part of lots 32 and 33 of said AUDITOR'S SUBDIVISION NO. 34, MENDOTA, which lies southwesterly of the following described line: Beginning at the northwest comer of said Lot 32, thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the - northeast comer of said lot 40 and said described line there terminating, And; Lot 39 of said AUDITOR'S SUBDIVISION NO. 32, MENDOTA, except one-half acre of said Lot Thirty-nine (39) conveyed to Golde Conoyor, by deed recorded in the Office of the Register of Deeds N9 of Dakota County, Minnesota in Book "Z-2 of Deed, page 92". Except that part of said Lots 33 and 40 described as follows: Commencing at the northwest comer of said Lot 32; thence southeasterly to a point on the east line of said lot 40, distant 252.87 feet south from the northeast comer of said lot 40; thence North 40 degrees 19 minutes 49 seconds West along last course 180.17 feet to the point of beginning of said Exception; thence continuing North 40 degrees 19 minutes 49 seconds West 242.93 feet; thence South 49 degrees 40 minutes 11 seconds West 116.57 feet; thence South 25 degrees 43 minutes 58 seconds West 34.93 feet; thence South 03 degrees 59 minutes 54 South West 26.03 feet; thence South 22 degrees 11 minutes 44 seconds East 102.84 feet; thence South 60 degrees 54 minutes 30 seconds East 35.66 feet; thence South 79 degrees 53 minutes 03 seconds East 96.57 feet to the intersection with a line drawn South 51 degrees 46 minutes 06 seconds West from the point of beginning; thence North 51 degrees 46 minutes 06 seconds East 124.75 feet to the point of beginning. Res 2015-40 page 2 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Loiri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution 2015- 40 Conditional Use Permit to Amend Planned Unit Development Plan, Final Plat, and Development Agreement for LeMay Shores is an exact copy of said Resolution on file in my office adopted by the Mendota Heights City Council on June 16, 2015. Signed and sealed by my hand on this 14°i day of August, 2015. Lorri Smith City Clerk (SEAL)