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Res 2015- 95 Lot Split & Variances within Wentworth ParkCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLU�'ION 2015-95 RESOLITTION APPROVING A LOT SPLIT AND VARIANCES �OR CITY-OWNED PROPERTY WHEREAS, the City of Mendota Heights has applied for a lot split and variances for a portion of city- owned property within Wentworth Park as proposed in Planning Case 2015-41 and described in Exhibit A; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting on November 24, 2015. NOW TI�EREFORE BE IT RESOLVED by the Mendota Heights City Council that the lot split and variance requests as proposed in Planning Case 2015-41 are hereby approved based on the following findings of fact: 1. The proposed subdivision request meets the purpose and intent of the City Code and is consistent with the Comprehensive Plan. 2. The purpose of the requests are to formalize the existing conditions and address the non-conformities created by the encroachsnents onto city-owned property. 3. The temporary non-conformities created as a result of the requests will be eliminated once the property in-question is combined and dissolved by the private property owners. 4. The existing conditions were not created by the current private property owners and create a practical difficulty in subdividing a reasonable amount of land in compliance with the applicable Code requirements. 5. Approval of the requests will not negatively impact the park or the character of the neighborhood. 6. Approval of the requests is reasonably necessary to correct a surveying error and does not intend to establish a policy of selling city parkland. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the lot split and variance requests as proposed in Planning Case 2015-41 are hereby approved with the following conditions: 1. A purchase agreement is entered into between the City and the private property owner to be approved by the City Council prior to the lot split being recorded by Dakota County. 2. Upon closing on the sale of the property in-question, the private property owner is required to combine and dissolve the property into 750 Upper Colonial Drive. 3. All costs related to the sale and recording of the required documents are paid for by the private property owner. Adopted by the City Council of the City of Mendota Heights this first day of December, 2015. CITh' COUNCIL ,.C—IT�I OF M NDOTA HEIGHTS Sandra Krebsbach, yor ATTEST: � � Lorri Smith, City Clerk , , � , 'r . _ Legal Description 750 Upper Colonial Drive Existing Description: NORDIN is the fee owner of that land in Dakota County, Minnesota described on Certificate of Title No. 152501 as foliows: Lot 10, Block 7. AND All that part of Outlots A and B, described as follows: Commencing at the Northeast corner of Lot 10, Block 7, CHERRY HILL ADDITION, thence southerly, along the east line of said lot 10, a distance of 172 feet to the Southeast corner of said Lot 10, thence northeriy, across portions of said Outlots A and B, to a point on the North line of said Outlot A distant 10 feet Easterly from the aforementioned Northeast corner of said Lot 10; thence Westerly, along the north line of said Outlot A, to the point of beginning at the Northeast corner of said Lot 10, and there terminating. All in CHERR.Y HILL A.DDITION, The Easterly and South boundary lines of the plat of CHERRY HILL ADDITION are marlced by Judicial Landmarks set pursuant to District Court Case Number 55627. Subject to the encumbrances shown on Certificate of Title Number 152501. New description: Brian T. Nordin and Jamie D.E. Nordin, as joint tenants, are the fee owners of that land in Dakota County, Minnesota described as follows: Lot 10, Blocic 7. AND All that part of Outlots A and B, described as follows: Beginning at the Northeast corner of Lot 10, Blocic 7, CHERRY HILL ADDITION, thence southerly, along the east line of said lot 10, a distance of 172 feet to the Southeast corner of said Lot 10; thence easterly along the easterly extension of the south line of said Lot 10, a distance of 20 feet; thence northerly, across portions of said Outlots A and B, to a point on the North line of said Outlot A distant 41 feet Easterly as measured along north lines of said Outlot A from the aforementioned Northeast corner of said Lot 10; thence Westerly, along the north lines of said Outlot A, to the point of beginning at the Northeast corner of said Lot 10, and there terminating. All in CHERRY HILL ADDITION, The Easterly and South boundary lines of the plat of CHERRY HILL ADDITION are marked by Judicial Landmarlcs set pursuant to District Court Case Number 55627. Subject to the encumbrances shown on Certificate of Title Number 152501. .. _ _ __ Res Z01 S 95 page � 1�2 S Z� (:S `1 S Receipt:# 415097 755796 MEM $2�.00 IIIIIIIIIIIIII�II�IIIIII I IIIIII II�II IIII Return to: Recorded on: 1/6/2016 3:01 PM CITY OF MENDOTA gy_ CAC, D2pUty HEIGHTS 1101 VICTORIACURVE MENDOTA HEIGHTS MN CEYt # 52385 163969 ss�ta Office of the Registrar of Titles Dakota County, Minnesota Joel T. 8eckman, Registrar of Titles ������ ������,C�__�;,�� ,�:� r- � `� l �� . - � ``� ��- I � L�