HomeMy WebLinkAbout89-61 - ADMIN Resolution - City Council - 1989/05/151
RESOLUTION NO. 89-&1
APPROVING PRELIMINARY PLAT OF
LOHMAN'S AMHURST 4TH ADDITION
FOR CHEYENNE LAND CO
WHEREAS, Cheyenne Land Co ("Developer") has applied for preliminary plat
approval for 6.00 acres of land, located within the City of St. Louis Park ("City") to
be subdivided into two lots to be used for residential purposes; and
i
WHEREAS, the land does not have access presently onto open ;public roads
within the City and the land fronts on an open public road in the City of Minnetonka;
and
WHEREAS, the land could receive access from the City by a public road if
the Developer petitioned the City to condemn and build such a road and and the
developer paid for such a road, but is more practicable and less expensive for the
Developer to have access from the road in the City of Minnetonka; and
WHEREAS, the land does not presently have direct access to sewer and water
lines within the City and the land fronts on public sewer and water in the public
street in the City of Minnetonka; and
WHEREAS, the land could have access to City sewer and water mains if the
Developer petitioned the City to condemn an easement for such pipes and build such
pipes, and agreed to pay the cost thereof, but it is more practicable and less
expensive for the Developer to have access to the sewer and water in the public road
in the City of Minnetonka; and
WHEREAS, the City ordinance requires that any land to be subdivided within
the City must have access to public sewer and water and public roads, and
WHEREAS, the Developer has requested preliminary plat approval with the
understanding that the Developer will work out the appropriate agreements for access
to sewer and water from the City of Minnetonka and the appropriate agreement for
access to the public road in the City of Minnetonka, if any such agreements are
needed, and
WHEREAS, it is contemplated that fire and police services will be provided
by the City of St. Louis Park,
NOW, THEREFORE, the City Council of the City of St. Louis Park approves
the preliminary plat known as Lohman's Amhurst 4th Addition, subject to the following:
1. The Developer shall comply with all reasonable development restrictions
required by the City of Minnetonka through the exercise of that City's
codes and ordinances.
-2. The Developer shall' obtain sewer and water agreements with the City of
Minnetonka and if -Developer cannot obtain them, then this preliminary
plat approval Is deemed revoked_ and Developer should return to the City
to discuss other options available to the City and to the Developer.
3. Developer shall obtain an agreement for curb cut access for the two lots
onto the public road within the City of Minnetonka, if such agreement
is necessary. If the Developer cannot obtain such agreement and it is
necessary, then this preliminary plat approval is deemed revoked and the
Developer shall return to the City to discuss other options.
4. Developer is to provide copies of all such written agreements with the
City of Minnetonka prior to final plat approval, which -agreements must
assure adequate sewer and water and road access in the future for the
lots as will be determined by the City. i:;_
5. There shall be filed under chain of title to the land a recordable agreement
between Developer, its heirs, successors and assigns and the City putting
the future lot owners of the land on notice that sewer, water and access
may only be obtained from the City of Minnetonka pursuant to agreements
between the Developer and the City of Minnetonka, that police and fire
service response from the City may be longer than is customary because
of the lack of direct public road access from the City to these lots, and
the lot owners, their heirs, successors and assigns, shall release the City,
its officials and employees, from any and all liability related to the above
facts. Said release agreement shall be in a form to be approved by the
City Attorney. _
6. The final plat approval shall be subject to such other terms and conditions
as the City Council deems appropriate at .that time because the unique
nature of the subdivision and/or as otherwise required by the City
ordinances and policies.
Adopted by the City Council M -ay- 15, 1989
Reviewed for administration:
City Manager
W hia,tiL
Approved as to form and execution:
Cheyenne Land Co., the owner of the above described land, agrees to the above
conditions of preliminary plat approval.
Dated:
CHEYENNE LAND CO.
By:
Richard Neslund, General Partner
AND BY: R. NESLUND CO.
A General Partner
By
Its
1
1