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HomeMy WebLinkAbout96-188 - ADMIN Resolution - City Council - 1996/12/02RESOLUTION NO. 96-188 RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF VICTORIA PONDS WITH CERTAIN VARIANCES TO THE PLATTING REQUIREMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. SVK Development, Inc., owner and subdivider of the land proposed to be platted as Victoria Ponds have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: See Attached Exhibit A - Legal Description Conclusion 1. The proposed final plat of Victoria Ponds is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: A. Dedication of a 14 feet wide trail easement over Outlots B and D for inclusion in the regional trail system; said easement document to be approved by the City Attorney and recorded prior to recording the final plat. B. Approval by the City Attorney and recording of all homeowner's association and declaration documents, including the declaration for private roadway construction and maintenance. C. Evidence of fee title for that portion of Outlot B that was previously part of the synagogue property (Lot 1, Block 1 Astleford's Court) prior to recording of this final plat. D. Approval of the final plat includes approval of certain variances to the Subdivision Regulations to allow a private street system, undevelopable outlots, and utility easements less than 12 feet in width in accordance with the following findings: la RESOLUTION NO. 96-188 RESOLUTION GIVING APPROVAL FOR FINAL PLAT OF VICTORIA PONDS WITH CERTAIN VARIANCES TO THE PLATTING REQUIREMENTS BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. SVK Development, Inc., owner and subdivider of the land proposed to be platted as Victoria Ponds have submitted an application for approval of final plat of said subdivision in the manner required for platting of land under the St. Louis Park Ordinance Code, and all proceedings have been duly had thereunder. 2. The proposed final plat has been found to be in all respects consistent with the City Plan and the regulations and requirements of the laws of the State of Minnesota and the ordinances of the City of St. Louis Park. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: See Attached Exhibit A - Legal Description Conclusion 1. The proposed final plat of Victoria Ponds is hereby approved and accepted by the City as being in accord and conformity with all ordinances, City plans and regulations of the City of St. Louis Park and the laws of the State of Minnesota, subject to the following conditions: A. Dedication of a 14 feet wide trail easement over Outlots B and D for inclusion in the regional trail system; said easement document to be approved by the City Attorney and recorded prior to recording the final plat. B. Approval by the City Attorney and recording of all homeowner's association and declaration documents, including the declaration for private roadway construction and maintenance. C. Evidence of fee title for that portion of Outlot B that was previously part of the synagogue property (Lot 1, Block 1 Astleford's Court) prior to recording of this final plat. D Approval of the final plat includes approval of certain variances to the . Subdivision Regulations to allow a private street system, undevelopable outlots, and utility easements less than 12 feet in width in accordance with the following findings: i. The proposed project will constitute a desirable and stable community development; and ii. . The proposed project will be in harmony with other areas. E. Prior to issuance of any building permits for lots, included in this final plat, a minimum 20 feet wide, all-weather Class V road surface shall be installed; said road shall be maintained for emergency access throughout construction on the building lots included in the final plat; said road shall extend around all of the building lots and out to both Rhode Island Avenue and Texas Avenue. F. Compliance with conditions of approval in the resolution approving a Conditional Use Permit for property (see attached CUP resolution). provided, however, that this approval is made subject_to the opinion of the City Attorney and Certification by the City Clerk as provided for in Sections 14-303(3)(d)'and (e) of the • St. Louis Park Ordinance Code. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. _1 above and Section 14-303(3)(e) of the St. Louis Park Ordinance Code have been fulfilled. - 4. Such execution of the certificate upon said plat` by the City Clerk, as required under Section 14-303(3)(e), shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality ATTEST. Reviewed for administration: City Manager 9052:RES 10 Adopted by the City Council December 2, 1996 Mayor —Appro .psi ac to fo and exec • EXHIBIT A - LEGAL DESCRIPTION KNOW ALL MEN BY TIIESE PRESENTS. That SVK Development, Inc , a Minnesota corporation, owner 'Ind proprietor of the following descnbed property situated in the County of 1lennepin, State of Minnesota. to wit' That part of the Burlington Northern Railroad Company property (formerly Great Northern Railway Co Hutchinson Branch) in the Northeast Quarter of the Southeast Quarter of Section 7 and the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, all in Township 1 17, Range 21 West of the 5th Principal Meridian described as follows Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of said Section 7. thence on a bearing of North, (assuming thc northwesterly line of Lot 1, Block 1, AS 1'LEFORD'S COURT bears South 70 degrees 31 minutes 00 seconds West), along tfie East line of said Northeast Quarter of the Southeast Quarter, a distance of 190 57 feet to thc southerly richt-of-way line of the railway as described in Book 14 of Deeds, Pace 84, the point of beginning oldie land to be described, thence North 70 degrees 31, minutes 00 seconds East, alone said'southeriy richt-of-way line, a distance 01 885.86 feet; thence continuing easterly along said southerly right-of-way line. a distance of 618 06 feet along a tangential curve concave to the northwest haring a radius of 1960 08 feet and a central angle of 18 degrees 04 minutes 00 seconds; thence North 52 degrees 27 minutes 00 seconds East along said southerly right-of-way line tangent to said curve a distance of 262 87 feet, thence North 65 degrees 23 minutes 40 seconds East along said southerly right-of-way line a distance of 130 71 feet, thence easter Ir along said southerly richt-of-way line a distance of 352 24 feet alone a tangential curve conca%e to the southeast having a radius of 1860 03 feet and a central angle of 10 degrees 51 minutes 00 seconds, thence North 13 degrees 45 minutes 20 seconds West, not tangent to the last described curve, a distance ' of23.11 feet to thc intersection with a line -18 00 feet northerly of, measured at right angle to and parallel with the southerly right-of-way line of the railway as described in Book 122 of Deeds. Pace 316, thence South 76 degrees 14 minutes 40 seconds West along said parallel line an.: a -line drawn parallel with and -18.00 feet northerly of the southerly right-of-way line of the railway as described in Book 122 of Deeds, ;. ,•Page 455, a distance of 2194 23 feet,' thence southwesterly along a spiral curve of increasing radius a distance of 199 77 feet, thc chord of said curve bears South 76 degrees 04 minutes 16 seconds West. r‘, ,thence southwesterly a distance of 299 70 feet parallel with said southerly richt-of-way line along a '' -.`tangential curve concave to thc southeast having a radius of 10,979 86 feet and a central angle 01 01 dl tdegree 33 minutes 50 seconds. and a chord bearing of South 74 degrees 56 minutes 13 seconds West to '"the centerline of Virginia Avenue as described in Document Number 2750535. thence South 21 det:iees 47 minutes 01 seconds East along said centerline a distance of 488 02 fest to the southerly right -of -war line of the railway described in Book 15 of Deeds, Page 239. thence northeasterly along the last described southerly right-of-way, a distance of 237 98 feet along a nontanuential cure concave to the southeast having a radius of 1860 08 feet and a central angle of 07 decrees 19 minutes 50 seconds, the chord of said curve bears North 66 degrees 51 minutes 05 seconds East and has a chord length of 2.37 82 feet; thence North 70 degrees 31 minutes 00 seconds East along the last described southerly right -of -war Zine a distance of 196 14 feet to the point of beginning which lies westerly of a lint 1230 00 feet easterly of, measured at a richt angle to and parallel with the centerline of said Virginia Avenue. AND 0 That part of Lot 1, Block 1. ASTLEFORD'S COURT, Tying northeasterly of the following described line Commencing at a point on thc northwesterly line of said Lot 1 (which has an assumed bearing of South 70 degrees 31 minutes 00 seconds West) distant 100 00 feet southwesterly of the most northerly corner thereof Thence South 37 degrees 40 minutes 08 seconds East a distance of 162.13 feet to the southeasterly line of said Lot 1, and said line there terminating (Abstract) CASE NOS 96-5-S AND 96 -6 -CUP f tri -a o 4 a KNUTSON "V" _'•rofcssional Associations Attorneys at Law 317 Eagandale Office Center , MN 5te5121 ter Curve Eagan138, Gc'" • 6771251 13ALIG9710 13 C6771251 SCO $4 50 13ALIG9710.13 C6771251 SER $5 90 13A1IG9i 10 13 06771251 00C $15 00 OFFrE OF C'.;L'NTy 11E0En; COc NT 7, r,ir.kESGia CERTIFIED rILF O AND OR RECCROEO 0 7'.I O 13 ia; i 10: 12 ,-1 7125j i. The proposed project will constitute a desirable and stable community development; and ii. The proposed project will be in harmony with other areas. E. Prior to issuance of any building permits for lots included in this final plat, a minimum 20 feet wide, all-weather Class V road surface shall be installed; said road shall be maintained for emergency access throughout construction on the building lots included in the final plat; said road shall extend around all of the building lots and out to both Rhode Island Avenue and Texas Avenue. F. Compliance with conditions of approval in the resolution approving a Conditional Use Permit for property (see attached CUP resolution). provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk as provided for in Sections 14-303(3)(d) and (e) of the St. Louis Park Ordinance Code. 2. The City Clerk is hereby directed to supply two certified copies of this Resolution to the above-named owner and subdivider, who is the applicant herein. 3. The Mayor and City Manager are hereby authorized to execute all contracts required herein, and the City Clerk is hereby directed to execute the certificate of approval on behalf of the City Council upon the said plat when all of the conditions set forth in Paragraph No. 1 above and Section 14-303(3)(e) of the St. Louis Park Ordinance Code have been fulfilled. 4. Such execution of the certificate upon said plat by the City Clerk, as required under Section 14-303(3)(e), shall be conclusive showing of proper compliance therewith by the subdivider and City officials charged with duties above described and shall entitle such plat to be placed on record forthwith without further formality. ATTEST: Reviewed for administration: 9052:RES 10 Adopted by the City Council December 2, 1996 ;44.6(11* r F EXHIBIT A - LEGAL DESCRIPTION KNOW ALL MEN BY TIIESE PRESENTS. That SVK Development, Inc , a Minnesota corporation, owner and proprietor of the following described property situated in the County of 1 tennepin, State of Minnesota, to wit That part of the Burlington Northern Railroad Company property (formerly Great Northern Railway Co , Hutchinson Branch) in the Northeast Quarter of the Southeast Quarter of Section 7 and the Northwest Quarter of the Southwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, all in Township 117, Range 21 West of the 5th Principal Meridian described as follows Commencing at the southeast corner of the Northeast Quarter of the Southeast Quarter of said Section 7, thence on a bearing of North, (assuming the northwesterly line of Lot 1, Block I, ASTLEFORD'S COURT bears South 70 degrees 31 minutes 00 seconds West), along the East lint of said Northeast Quarter of the Southeast Quarter, a distance of 190 57 feet to the southerly right-of-way line of the railway as described in Book 14 of Deeds, Page 84, the point of beginning of the land to be described, thence North 70 degrees 3 I minutes 00 seconds East, along said southerly right-of-way line, a distance of 885.86 feet, thence continuing easterly along said southerly right-of-way line, a distance of 618 06 feet along a tangential curve concave to the northwest having a radius of 1960 08 feet and a central angle of 18 degrees 04 minutes 00 seconds, thence North 52 degrees 27 minutes 00 seconds East along said southerly right-of-way line tangent to said curve a distance of 262 87 feet, thence North 65 degrees 23 minutes 40 seconds East along said southerly right-of-way line a distance of 130 71 feet, thence cattery along said southerly right-of-way line a distance of 352 24 feet along a tangential cure concave to the southeast having a radius of 1860 08 feet and a central angle of 10 degrees 51 minutes 00 seconds, thence North 13 degrees 45 minutes 20 seconds West, not tangent to the last described curve, a distance of 23.11 feet to the intersection with a line 18 00 feet northerly of, measured at right angle to and parallel with the southerly right-of-way line of the railway as described in Book 122 of Deeds. Page 31 6. thence South 76 degrees 14 minutes 40 seconds West along said parallel line an.: a line drawn parallel with and 18 00 feet northerly of the southerly right-of-way line of the railway as described in Book 122 of Deeds, Page 455, a distance of 2194 23 feet, thence southwesterly along a spiral cure of increasing radius a distance of 199 77 feet, the chord of said curve bears South 76 degrees 04 minutes 16 seconds West, thence southwesterly a distance of 299 70 feet parallel with said southerly right -of --way line along a tangential curve concave to the southeast having a radius of 10,979 86 feet and a central angle of 01 degree 33 minutes 50 seconds, and a chord bearing of South 74 degrees 56 minutes 33 seconds West to the centerline of Virginia Avenue as described in Document Number 2750535. thence South 21 degrees 47 minutes 01 seconds East along said centerline a distance of 488 02 feet to the southerly right-of-way line of the railway described in Book 15 of Deeds, Page 239, thence northeasterly along the last described southerly right-of-way, a distance of237 98 feet along a nontangential cure concave to the southeast having a radius of 1860 08 feet and a central angle of 07 degrees 10 minutes 50 seconds, the chord of said curve bears North 66 degrees 51 minutes 05 seconds East and has a chord length of 237 82 feet; thence North 70 degrees 31 minutes 00 seconds East along the last described southerly right-of-way line a distance of 196 14 feet to the point of beginning which lies westerly of a line 1230 00 feet easterly of, measured at a right angle to and parallel with the centerline of said Virginia Avenue. AND 110 That part of Lot 1, Block 1, ASTLEFORD'S COURT, lying northeasterly of the following described line Commencing at a point on the northwesterly line of said Lot 1 (which has an assumed bearing of South 70 degrees 31 minutes 00 seconds West) distant 100 00 feet southwesterly of the most northerly corner thereof Thence South 37 degrees 40 minutes 08 seconds East a distance of 162.13 feet to the southeasterly line of said Lot 1, and said line there terminating (Abstract) CASE NOS. 96-5-S AND 96 -6 -CUP