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HomeMy WebLinkAbout07-089 - ADMIN Resolution - City Council - 2007/09/04RESOLUTION NO. 07-089 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF THE WEST END WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR EASEMENTS 1551, 1621 Park Place Boulevard 1550, 1600 Utica Avenue South 5201, 5245 Wayzata Boulevard BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Duke Realty L.P., owner and subdivider of the land proposed to be platted as The West End, has submitted an application for approval of preliminary plat of said subdivision with a variance from the subdivision ordinance for easements (Section 26-154) 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 requested variance from the Subdivision Code, Section 26-154 "Easements" is for the drainage and utility easements along the south, east and north property lines of Lot 1, Block 2, of the proposed subdivision. The easements provided are three feet to five feet wide, where 10 feet is typically required. 3. The proposed plat is situated upon the following descnbed lands in Hennepin County, Minnesota, to -wit: SEE EXHIBIT A 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would depnve the applicant/owner of the reasonable use of the land. Such circumstances arise due to significant existing structures on the subject property. 5. The granting of the vanance will not be detnmental to the public health, safety, and welfare or injunous to other property in the territory in which the property is situated. The reduced drainage and utility easements on Lot 1, Block 2 provide adequate space for existing and proposed utilities. 6. The vanance corrects inequities resulting from an extreme physical hardship. Existing, multiple -story office buildings and parking structures on Lot 1, Block 2 of the proposed plat would encroach into drainage and utility easements if the standard perimeter easements were required. 7. The vanance is not contrary to the intent of the Comprehensive Plan. 8. The proposed preliminary 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. Resolution No. 07-089 -2- Conclusion 1. The proposed preliminary plat of The West End, with a variance for easements, 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, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: A. The site shall be developed, used and maintained in accordance with the conditions of this resolution, approved Official Exhibits, and City Code. B. Approval of the preliminary plat does not constitute approval of any site or building plans for the property. Site and building plans will be finalized through application and approval of a Planned Unit Development (PUD) at a future date. C. Adjustments of nghts-of-way on the final plat must include adequate land for all street improvements recommended in the Alternative Urban Area -wide Review (AUAR) for the property, approved on April 9, 2007. Minor discrepancies in right of widths provided remain along Gamble Drive, Park Place Boulevard, and 16`h Street. The applicant shall submit revised plans to correct these discrepancies. D. Outlots must be re -platted into lots and blocks prior to City issuance of building permits. Additional right-of-way for streets and/or streetscaping may be required when the outlots are re -platted. E. Detailed construction plans for public street and public utility improvements must be approved by the City Engineer pnor to any construction. F. A planning development contract will be required to address and secure financial guarantees for public street, sidewalk and utility improvements, as well as grading and site vegetation. The contract must be executed prior to commencing any site work or land disturbing activities. G. Park dedication fees for the entire property are required. Park dedication fees will be collected prior to releasing the Final Plat for filing, except that dedication fees will be collected on outlots when they are re -platted into buildable lots and blocks. H. All site work shall meet the Fire Marshal's requirements for safety, access and fire hydrants. I. The applicant shall reimburse City attorney's fees in drafting/reviewing such documents as required in the preliminary plat approval. J. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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. • • Resolution No. 07-089 -3- 3. The Mayor and City Manager are hereby authorized to execute all contracts required S 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 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 26-123(1)j of the St. Louis Park Ordinance Code, 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. e City Clerk is instructed to record certified copies of this resolution in the Office of the He epin County Register of Deeds or Registrar of Titles as the case may be. Rev ed for Administration: C Attest: Adopted by the City ouncil September 4, 2007 Mayor VA Resolution No. 07-089 -4- EXHIBIT A Parcel 1 Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property -Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described property 705.21 feet to the point of beginning of the line to be descnbed; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following descnbed line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-described property" lying North of the following descnbed line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above-descnbed property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of the above-described property and there terminating (Torrens Property as to Tracts 1 and 2 -Certificate of Title No. 1012676) Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and lying west of the southerly extension of the west line of the east 20.87 acres of the 0 Resolution No. 07-089 -5- Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in Hennepin County, Minnesota. (Abstract Property as to Tract 3) Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota (Torrens Property -Certificate of Title No. 1012689) Parcel 10. Tract A, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012690) Parcel 11: Tract B and that part of Tract C, lying North of a line drawn perpendicular to the East line of said Tract C from a point on said East line distant 49 00 feet North of the Southeast corner of said Tract C, Registered Land Survey No. 1599, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. (Torrens Property -Certificate of Title No. 1012735) 410 Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510 Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 687548) Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a nght angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Resolution No. 07-089 -6- Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning. 0 0 1 II III IIi Doc No 9075254 12/13/2007 10 29 AM �,,.,`' Certified filed and or recorded on above -date Office of the County Recorder Hennepin County, in sota Michael H Cunniff-C unty Recorder TranslD 361903 1 Deputy 14 Fees $35 50 DOC $10 50 SUR $46 00 Total a • TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVICES DEC 13 2007 J NPIN COUNTY, MN B moiNE -DEPUTY RESOLUTION NO. 07-089 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF THE WEST END WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR EASEMENTS 1551, 1621 Park Place Boulevard 1550, 1600 Utica Avenue South 5201, 5245 Wayzata Boulevard BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Duke, Realty L.P., owner and subdivider of the land proposed to be platted as The West End, has submitted an application for approval of preliminary plat of said subdivision with a variance from the subdivision ordinance for easements (Section 26-154) 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 requested variance from the Subdivision Code, Section 26-154 "Easements" is for the drainage and utility easements along the south, east and north property lines of Lot 1, Block 2, of the proposed subdivision. The easements provided are three feet to five feet wide, where 10 feet is typically required. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: SEE EXHIBIT A 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to significant existing structures on the subject property. _ 5. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which the property is situated. The reduced drainage and utility easements on Lot 1, Block 2 provide adequate space for existing and proposed utilities. Resolution No. 07-089 -2- 6. The variance corrects inequities resulting from an extreme physical hardship. Existing, multiple -story office buildings and parking structures on Lot 1, Block 2 of the proposed plat would encroach into drainage and utility easements if the standard perimeter easements were required. 7. The variance is not contrary to the intent of the Comprehensive Plan. 8. The proposed preliminary 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. Conclusion 1. The proposed preliminary plat of The West End, with a variance for easements, 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, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: A. The site shall be developed, used and maintained in accordance with the conditions of this resolution, approved Official Exhibits, and City Code. B. Approval of the preliminary plat does not constitute approval of any site or building plans for the property. Site and building plans will be finalized through application and approval of a Planned Unit Development (PUD) at a future date. C. Adjustments of rights-of-way on the final plat must include adequate land for all street improvements recommended in the Alternative Urban Area -wide Review (AUAR) for the property, approved on April 9, 2007. Minor discrepancies in right of widths provided remain along Gamble Drive, Park Place Boulevard, and 16th Street. The applicant shall submit revised plans to correct these discrepancies. D. Outlots must be re -platted into lots and blocks prior to City issuance of building permits. Additional right-of-way for streets and/or streetscaping may be required when the outlots are re -platted. E. Detailed construction plans for public street and public utility improvements must be approved by the City Engineer prior to any construction. F. A planning development contract will be required to address and secure financial guarantees for public street, sidewalk and utility improvements, as well as grading and site vegetation. The contract must be executed prior to commencing any site work or land disturbing activities. G. Park dedication fees for the entire property are required. Park dedication fees will be collected prior to releasing the Final Plat for filing, except that dedication fees will be collected on outlots when they are re -platted into buildable lots and blocks. Resolution No. 07-089 -3- H. All site work shall meet the Fire Marshal's requirements for safety, access and 411 fire hydrants. I. The applicant shall reimburse City attorney's fees in drafting/reviewing such documents as required in the preliminary plat approval. J. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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 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 26-123(1)j of the St. Louis Park Ordinance Code, 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. III The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 07-089 adopted at the St. Louis Park City Council meeting held on September 4, 2007. WITNESS my hand and the Seal of the City of S Lof November, 2007. cia Honol • ;Dep utyity Clerk 0 Resolution No. 07-089 -4- EXHIBIT A Parcel 1: Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property -Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described 411 property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following described line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-described property" lying North of the following described line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above-described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of the above-described property and there terminating. (Torrens Property as to Tracts 1 and 2 -Certificate of Title No. 1012676) Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 • feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and lying west of the southerly extension of the west line of the east 20.87 acres of the / Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in V Hennepin County, Minnesota. (Abstract Property as to Tract 3) Resolution No. 07-089 -5- Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012689) Parcel 10: Tract A, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012690) Parcel 11: Tract B and that part of Tract C, lying North of a line drawn perpendicular to the East line of said Tract C from a point on said East line distant 49.00 feet North of the Southeast corner of said Tract C, Registered Land Survey No. 1599, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. (Torrens Property -Certificate of Title No. 1012735) Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 687548) Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest comer of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a right angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning. cee illiiiiimmi NEI] Doc No 4454652 12/14/2007 04 30 PM Certified filed and or recorded on above date Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 362526 New cert Cert 1012677 1012687 1012679 Deputy 55 Fees $1 50 AF $10 50 STATEFEE $74 00 TDOCFEE $0 00 TSUR $86 00 Total TRANSFER ENTERED IIENNEPIN COUNTY TAXPAYER SERVICES DEC 17 2001 PI i' EPUTY RESOLUTION NO. 07-089 100.4077 1b1As87 IDlaor79 RESOLUTION GIVING APPROVAL FOR PRELIMINARY PLAT OF THE WEST END WITH VARIANCE FROM SUBDIVISION ORDINANCE FOR EASEMENTS 1551, 1621 Park Place Boulevard 1550, 1600 Utica Avenue South 5201, 5245 Wayzata Boulevard BE IT RESOLVED BY the City Council of St. Louis Park: Findings 1. Duke Realty L.P., owner and subdivider of the land proposed to be platted as The West End, has submitted an application for approval of preliminary plat of said subdivision with a variance from the subdivision ordinance for easements (Section 26-154) 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 requested variance from the Subdivision Code, Section 26-154 "Easements" is for the drainage and utility easements along the south, east and north property lines of Lot 1, Block 2, of the proposed subdivision. The easements provided are three feet to five feet wide, where 10 feet is typically required. 3. The proposed plat is situated upon the following described lands in Hennepin County, Minnesota, to -wit: SEE EXHIBIT A 4. There are special circumstances affecting the property such that the strict application of the provisions of the subdivision ordinance would deprive the applicant/owner of the reasonable use of the land. Such circumstances arise due to significant existing structures on the subject property. 5. The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the territory in which the property is situated. The reduced drainage and utility easements on Lot 1, Block 2 provide adequate space for existing and proposed utilities. Resolution No. 07-089 -2- 6. The variance corrects inequities resulting from an extreme physical hardship. Existing, multiple -story office buildings and parking structures on Lot 1, Block 2 of the proposed plat would encroach into drainage and utility easements if the standard perimeter easements were required. 7. The variance is not contrary to the intent of the Comprehensive Plan. 8. The proposed preliminary 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. Conclusion 1. The proposed preliminary plat of The West End, with a variance for easements, 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, provided, however, that this approval is made subject to the opinion of the City Attorney and Certification by the City Clerk subject to the following conditions: A. The site shall be developed, used and maintained in accordance with the conditions of this resolution, approved Official Exhibits, and City Code. B. Approval of the preliminary plat does not constitute approval of any site or building plans for the property. Site and building plans will be finalized through application and approval of a Planned Unit Development (PUD) at a future date. C. Adjustments of rights-of-way on the final plat must include adequate land for all street improvements recommended in the Alternative Urban Area -wide Review (AUAR) for the property, approved on April 9, 2007. Minor discrepancies in right of widths provided remain along Gamble Drive, Park Place Boulevard,,and 16th Street. The applicant shall submit revised plans to correct these discrepancies. D. Outlots must be re -platted into lots and blocks prior to City issuance of building permits. Additional right-of-way for streets and/or streetscaping may be required when the outlots are re -platted. E. Detailed construction plans for public street and public utility improvements must be approved by the City Engineer prior to any construction. F. A planning development contract will be required to address and secure financial guarantees for public street, sidewalk and utility improvements, as well as grading and site vegetation. The contract must be executed prior to commencing any site work or land disturbing activities. G. Park dedication fees for the entire property are required. Park dedication fees will be collected prior to releasing the Final Plat for filing, except that dedication fees will be collected on outlots when they are re -platted into buildable lots and blocks. • • Resolution No. 07-089 -3- H. All site work shall meet the Fire Marshal's requirements for safety, access and • fire hydrants. I. The applicant shall reimburse City attorney's fees in drafting/reviewing such documents as required in the preliminary plat approval. J. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 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 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 26-123(1)j of the St. Louis Park Ordinance Code, 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. ® The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified Deputy City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No. 07-089 adopted at the St. Louis Park City Council meeting held on September 4, 2007. WITNESS my hand and the Seal of the City of S . o it Park thi I j via o . d, epu y Ci Clerk ay' of November, 2007. Resolution No. 07-089 -4- EXHIBIT A Parcel 1: Tracts B and C, Registered Land Survey No. 864, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded October 27, 1993 as Document No. 2436330. (Torrens Property -Certificate of Title No. 1012677) Parcel 2: Tract B, Registered Land Survey No. 1624, Hennepin County, Minnesota, EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012687) Parcel 3 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 864, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012679) Parcel 4: Tract 1: That part of the Northwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 lying West of the East 20.87 acres thereof hereinafter called "the above described property" and lying South of the following described line: Commencing at the Southeast corner of the above described property; thence North along the East line of said above described 410 property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of said Section 30 and there terminating, except the West 40 feet thereof and except that part thereof lying Westerly of a line run parallel with and distant 35 feet Easterly of the following described line: Line 1: Beginning at a point on the North and South Quarter line of Section 4, Township 117 North, Range 21 West distant 1897.81 feet North of the South Quarter corner thereof, thence run Southeasterly at an angle of 46 degrees 33 minutes 56 seconds from said North and South Quarter line (measured from South to East) for 45.52 feet; thence deflect to the right on a tangential curve having a radius of 381.97 feet and a delta angle of 46 degrees 11 minutes 18 seconds for 307.92 feet; thence on tangent to said curve for 28.89 feet and there terminating. Tract 2: The South 76.46 feet of the following described property to wit: That part of the Northwest Quarter of the Southwest Quarter lying West of the East 20.87 acres thereof except the West 40 feet of said tract in Section 30, Township 29, Range 24 hereinafter called the "above-described property" lying North of the following described line: Commencing at the Southeast corner of the above-described property; thence North along the East line of the above-described property 705.21 feet to the point of beginning of the line to be described; thence at a right angle West to the West line of the above-described property and there terminating. (Torrens Property as to Tracts 1 and 2 -Certificate of Title No. 1012676) Tract 3: That part of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 29 North, Range 24, West of the 4th Principal Meridian, lying north of a line drawn parallel with and 200 feet south, measured at right angles, from the north line of said Southwest 1/4 of the Southwest 1/4, and lying west of the southerly extension of the west line of the east 20.87 acres of the Northwest 1/4 of the Southwest 1/4 of said section, except the west 40 feet thereof, all lying in Hennepin County, Minnesota. (Abstract Property as to Tract 3) Resolution No. 07-089 -5- Parcel 9: Tract B, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012689) Parcel 10: Tract A, Registered Land Survey No. 1481, Hennepin County, Minnesota. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012690) Parcel 11: Tract B and that part of Tract C, lying North of a line drawn perpendicular to the East line of said Tract C from a point on said East line distant 49.00 feet North of the Southeast corner of said Tract C, Registered Land Survey No. 1599, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. (Torrens Property -Certificate of Title No. 1012735) Parcel 12 (COMPLETELY WITHIN AN EXCEPTION): Tract D, Registered Land Survey No. 1647, Hennepin County, Minnesota. EXCEPT that portion taken by the State of Minnesota pursuant to Partial Final Certificate recorded July 21, 1993 as Document No. 2401510. Together with a perpetual easement as shown in Deed Document No. 1100087, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 1012691) Parcel 13: Tract A, Registered Land Survey No. 1599, Hennepin County, Minnesota. (Torrens Property -Certificate of Title No. 687548) Parcel 14: That part of the South Half of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the Southwest corner of said South Half of the Southwest Quarter; thence North along the West line of said South Half of the Southwest Quarter to a point 258.6 feet South from the Southwest corner of the North 200 feet of said South Half of the Southwest Quarter; thence East at a right angle, 315 feet to the actual point of beginning; thence North at a right angle, 243 feet, more or less, to an intersection with the South line of the North 200 feet of said South Half of the Southwest Quarter; thence East along said South line to its intersection with the extension South of the West line of Registered Land Survey No. 864; thence South along said extension to a point distance 424.97 feet South from the Southwest corner of said Registered Land Survey No. 864; thence West to the point of beginning. Parcel 15: That part of the Southwest Quarter of the Southwest Quarter of Section 30, Township 29, Range 24 described as beginning at the intersection of the West line of said Section 30 with the South line of the North 200 feet of said Southwest Quarter of the Southwest Quarter; thence South along said West line to the North line of Registered Land Survey No. 1481; thence Easterly along said North line 315 feet; thence Northerly at right angles to said South line of the North 200 feet; thence Westerly along said South line to the point of beginning.