82-56A
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
DATED
RESOLUTION NO.
82-S6A
September 20, 1982
MOTION BY COUNCILMEMBER Neveaux SECONDED BY COUNCILMEMBER Horn
RESOLUTION APPROVING SUBDIVISION
WHEREAS, Howard H. and Violet Bender are fee owners of the
tract of land which is more particularly described on Exhibit A
attached hereto and made a part hereof, (hereinafter "the subject
property"), and
WHEREAS, Harry A. and Kathleen R. Kerber are contract for deed
holders on the subject property, and
WHEREAS, all of the subject property is located within the
corporate boundaries of the City of Chanhassen, Minnesota,
(hereinafter the "City"), and
WHEREAS, Harry A. and Kathleen R. Kerber have made application
with the City for approval to subdivide the subject property into two
(2) tracts of land which are more particularly described on Exhibit B
attached hereto and made a part hereof, 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, that are not served by municipal sewer, is prohibited, except
upon issuance of a variance to Ordinance 45, and
WHEREAS, said Ordinance 4S prohibits the issuance of any resi-
dential, commercial, or industrial building permits for any tract of
land, which was created subsequent to March 15, 1981, 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 subdivided subsequent to March 15,
1971, and
WHEREAS, Ordinance 45 is of force and effect as to the divi-
sion 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 made with the
City for the purpose of constructing a residential dwelling unit(s) or
commercial structures or industrial structures on the subject pro-
perty, and
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WHEREAS, approval of the subdivision on the subject property
does not violate the purpose, spirit, or intent of Ordinance 45 pro-
vided that this Resolution be recorded as part of the deed for the
subject property as recorded in the Book of Deeds 86, page 264 on file
at the Carver County Recorder's Office, Carver County, Minnesota,
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NOW THEREFORE, BE IT RESOLVED;
1. The subdivision of the subject property as described in
Exhibit B is hereby approved,
2. That a copy of this resolution shall be recorded with the
Carver County, Minnesota, Registrar of Titles, for the pur-
pose of putting future owners and incumbrancers on the subject
property on notice of the building permit restrictions of
Ordinance 45 and other applicable provisions of Ordinances of
the City of Chanhassen.
Passed and adopted by the City Council of the City of
Chanhassen this 20th day of September, 1982.
ATTEST: ~
<(11 ,.9)
Don As worth, City Clerk/Manager
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YES
NO
ABSENT
Mayor Hamilton
Councilman Geving
Councilman Neveaux
Councilman Horn
Councilman Swenson
None
None
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EXHIBIT A
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The east half of the southeast quarter (Ei of SEt> and the east 30
acres of the west half of the southeast quarter (E 30 A. of wi of SEt>,
Section 9, Township 116 North of Range 23 West, containing 110 acres of
land, more or less.
EXHIBIT B
Parcel A -
That part of the southeast quarter of Section 9, Township 116 north,
Range 23 West, Carver County, Minnesota, described as follows:
BEGINNING at the southeast corner of said southeast quarter of Section
9; thence on an assumed bearing of north 88 degrees 41 minutes 39
seconds west along the south line of said southeast quarter 719.46
feet; thence north 0 degrees 12 minutes 42 seconds west, parallel with
the west line of the east half of said southeast quarter, 800.78 feet;
thence north 88 degrees 41 minutes 50 seconds west, parallel with the
north line of said southeast quarter, 603.70 feet; thence north 0
degrees 12 minutes 42 seconds west, parallel with said west line of the
east half of the southeast quarter 1891.37 feet to the north line of
said southeast quarter; thence south 88 degrees 41 minutes 50 seconds
east along said north line of the southeast quarter 1333.10 feet to the
northeast corner of said southeast quarter; thence south along the east
line of said southeast quarter 2691.94 feet to the point of beginning.
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Parcel B -
That part of the southeast quarter of Section 9, Township 116 north,
Range 23 West, Carver County, Minnesota, described as follows:
Commencing at the southeast corner of said southeast quarter of Section
9, thence on an assumed bearing of North 88 degrees 41 minutes 39
seconds west along the south line of said southeast quarter 719.46 feet
to the POINT OF BEGINNING of the land to be described; thence North 0
degrees 12 minutes 42 seconds west, parallel with the west line of the
east half of said southeast quarter, 800.78 feet; thence north 88
degrees 41 minutes 50 seconds west, parallel with the north line of
said southeast quarter, 603.70 feet; thence north 0 degrees 12 minutes
42 seconds west, parallel with said west line of the east half of the
southeast quarter, 1891.37 feet to the north line of said southeast
quarter; thence north 88 degrees 41 minutes 50 seconds west along said
north line of the southeast quarter 467.88 feet to the northwest corner
of the east 30 acres of the west half of said southeast quarter; thence
south 0 degrees 12 minutes 42 seconds east along the west line of said
east 30 acres of the west half of the southeast quarter of Section 9 a
distance of 2692.10 feet to the south line of said southeast quarter of
Section 9: thence south 88 degrees 41 minutes 39 seconds east along
said south line of the southeast quarter 1071.58 feet to the point of
beginning.
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