82-48
.
e
e
~
~
,
6
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES
MINNESOTA
RESOLUTION
Dated:
August 23, 1982
Motion by Councilmember: Neveaux
Resolution #:
82-48
Hamilton
Seconded by Councilmember:
RESOLUTION APPROVING SUBDIVISION
WHEREAS, Frank J. Stefanoc, Jr., John B. Przymus, and James R.
Leiter {hereinafter T.R.I. Properties} are the fee owners of the tract
of land which are more particularly described on Exhibit A attached
hereto and made a part hereof, {hereinafter "the subject property"},
and
WHEREAS, all of the subject property is located within the cor-
porate boundaries of the City of Chanhassen, Minnesota, {hereinafter the
"City"}, and
WHEREAS, T.R.I. Properties have filed an application with the
City for approval to subdivide the subject property so as to be one
lot of record, and
WHEREAS, the City, by adoption of Ordinance 45, has officially
established a policy that the subdivision of lands in those areas of the
City, which are not served by municipal sewer, is prohibited, except
upon the issuance of a variance to Ordinance 45, and
WHEREAS, said Ordinance 45 prohibits the issuance of any resi-
dential, commercial, or industrial building permits for any tract of
land, which was created subsequent to March 15, 1971, and which is not
served by the City sanitary sewer system, and
WHEREAS, the subject property is not served by the City sani-
tary sewer system and is being created subsequent to March 15, 1971, and
WHEREAS, Ordinance 45 is of force and effect as to division of
land to the extent authorized by the Minnesota Statutes, Section
462.358, and
WHEREAS, the purpose of said Ordinance 45 is to avoid the
environmental degredation which accompanies land development and the
increased usage of inherantly unreliable on-site septic systems, and
WHEREAS, the aforementioned application was not filed with the
City for the purpose of constructing a residential dwelling unit{s} or
commercial structures or industrial structures on the subject property,
and
WHEREAS, the approval of the subdivision creating the subject
property would not violate the purpose, spirit, or intent of Ordinance
45 provided that this resolution be recorded as part of the deed for the
subject property as recorded in the Book of Deeds 164 pages 574, and 575
on file at the Carver County Recorders Office, Carver County, Minnesota,
e
e
e
"'i,
Page 2
August 27, 1982
NOW, THEREFORE, BE IT RESOLVED;
1. The subdivision creating the subject property is hereby approved,
2. That a copy of this resolution shall be recorded with the Carver
County, Minnesota, Registrar of Titles, for the purpose of putting
future owners and incumbrancers of the subject property on notice of
the applicable ordinances of the City of Chanhassen.
Passed and Adopted by the City
23rd day of August, 1982.
ATTEST:
~{2
Don Ashworth,
Yes
Hamilton
Neveaux
Horn
Swenson
()(L~
City Clerk
No
None
Council, of the City of Chanhassen,
~r:#:-
Tomas L. Hamlton, Mayor
this
Absent
Geving
.
'\.
EXHIBIT A
- \:......-...'...
'----
~at part of the Southwest Quarter of the Southwest Quarter of Section 10,
~nship 116, Range 23 and the Northwest Quarter of the Northwest Quarter of
Section 15, Township 116, Range 23, Carver County, Minnesota, described as
follows:
Beginning at the southwest corner of said Section 10; thence on an assumed
bearing of North 1 degree 56 minutes 40 seconds West along the west line,of
said Southwest Quarter, a distance of 1026.89 feet; thence South 79 degrees
\2 mlnutC'R 20 R<,'condH ElIAt, 11 dl'~t(lnce o( 177.]7 [cct; thcncr. South fi() c\C'J(r('rfl
12 mlnutcH 20 Acconds EnAt, a dL~tflnce of 100.40 feet; thence South 78 degrees
12 mllltll('A 20 !lC'CrlndA (':IlHt, n dl~llllnt'e or lCJ4.1I~ [e('t; thence South 7/1 d('gr('('~l
'12 minutCR 20 seconds Enst, a dl~tnnce oC 150.00 fcet; thence South 47 degrees
17 minutes 20'seconds Enst, a distnnce'oC"7S.43 feet; thence North 82 dcgrees
42 minutes 40 seconds East, a distance 74.98 feet; thence South 58 degrees
17 minutes 20 seconds East, a distance of 84.58 feet; thence South 89 degrees
L7 minutes 20 seconds East, a distance of 164.63 feet; thence South 18 degrees
17 minutes 40 seconds West, 0 distancc of 824.19 feet to the northerly right-
()(-way line of Trunk Highway 5; thence North 85 degrees 54 minutes SO seconds
West along said northerly right-oE-way, a distance of 33.08 feet; thence
South 56 degrees 40 minutes 55 seconds West along said northerly right-of-way,
a distance of 158.95 feet; thence North 85 degrees 54 minutes 50 seconds West
along said northerly right-of-way, a distance of 518.22 feet to the west line
liE the NOrthwest Quarter of Section 15, Township 116, Range 23; thence North
l degree 37 minutes SO seconds West along said west line of the Northwest
lJuarter, a distance of 9.12 feet to the point of ,beginning. This tract
contains 18,1 acres of land, morc or less, and is subject to, right-of-way in
~xisting County Road and subject to any and all easements of~r~bord.
e'"
e
" -
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
,
Dated August 23, 1982
Motion By Counci1member Neveaux
Resolution No. 82-48
Seconded by Mayor Hamilton
RESOLUTION APPROVING SUBDIVISION
WHEREAS, Richard B. Lyman and Mary Frances O. Lyman,
(hereinafter the "Lymans"), are the fee owners of certain tracts
of land in the southwest quarter of the southwest quarter of
Section 10, Township 116, Range 23, and in the northwest quarter
of the northwest quarter of Section 15, Township 116, Range 23,
Carver County, Minnesota, which lands are referred to collectively
hereinafter as the "Subject Property", and
WHEREAS, Tri-Properties, a partnership, has purchased
a portion of the Subject Property under a contract for deed
dated October 1, 1981, and filed of reoord in the office of the
County Recorder in and for Carver County, Minnesota, on October 2,
1981, in Book 164 of Deeds, page 574 ( Doc. No. 52747), and
WHEREAS, all of the Subject Property is located within
the corporate boundaries of the City of Chanhassen, Minnesota,
(hereinafter the "City"), and
.
WHEREAS, the conveyance of the lands described in the
aforesaid contract for deed (hereinafter "Tract A"), constitutes
a "subdivision" under applicable ordinances of the City of
Chanhassen, and
WHEREAS, said conveyance was made without subdivision
approval of the City of Chanhassen, and
WHEREAS, Tri-Properties has acknowledged to the City
that the Subject Property is presently zoned R-1A Agricultural
Residence District under the Chanhassen Zoning Ordinance, which
provides that properties so zoned may be used only for single
family dwelling purposes, agriculture purposes, and certain
conditional uses set forth therein, and
WHEREAS, Tri-Properties, with the knowledge and consent
of the aforementioned fee owners, has filed an application with the
City for a subdivision approval of the subdivision of Tract A
from the Subject Property, and
WHEREAS, the City, by adoption of Ordinance 45, has
officially established the policy that the subdivision of lands
in those areas of the City, which are not served by municipal
sewer, is prohibited, except upon the issuance of a variance to
said Ordinance 45, and
.
~
.
.
,
.,
WHEREAS, said Ordinance 45 prohibits the issuance of
building permits as to any tract of land, which was created
subsequent to March 15, 1971, and which is not served by the
City Sanitary Sewer System, and
WHEREAS, the Subject Property and the aforesaid
Tract A are not served by the City Sanitary Sewer System and
said Tract A is being created subsequent to March 15, 1971, and
WHEREAS, Ordinance 45 is of force and effect as to
division of land to the extent authorized by Minnesota Statutes,
S462.358, and
WHEREAS, the purpose of said Ordinance 45 is to avoid
the environmental degradation which accompanies land development
and the increased usage of inherently unreliable on-site
septic systems, and
WHEREAS, the aforementioned subdivision application
was not filed with the City for the purpose of constructing
additional dwelling units or commercial buildings Or industrial
buildings on said Tract A, and
WHEREAS, Tri-Properties desires to receive retroactive
approval of the subdivision of Tract A from the Subject Property,
and
WHEREAS, the approval of the proposed subdivision
of Tract A from the Subject Property would not violate the purpose,
spirit or intent of Ordinance 45 or Minnesota Statutes, S462.358;
NOW, THEREFORE, BE IT RESOLVED:
1. That the subdivision of TractADrom the Subject Property
by that certain contract for deed dated October 1, 1981, and filed
of record in the office of the County Recorder in and for Carver
County, Minnesota, on October 2, 1981, in Book 164 of Deeds,
page 574, (Document No. 52747) between the aforesaid Lymans, as
vendors, and the aforesaid Tri-Properties, as vendee, is hereby
approved by the Chanhassen City Council.
2. That a copy of this Resolution shall be recorded
with the Carver County, Minnesota, Registrar of Titles for the
purpose of putting future owners and encumbrancers of the
aforesaid Tract A on notice of the applicable ordinances of the
City of Chanhassen and on notice that said ordinances do not
authorize the issuance of building permits as to Tract A.
Attes;a {jO~::h2
City C er Manager
Passed and adopted by the Council of the
Chanhassen, this 23rd day of August, 1
~
e
.
',.
~
Yes
Mayor Hamilton
Councilmember Swenson
Councilmember Neveaux
Councilmember Horn
No
Not Voting
Councilmember Geving
-3-