83-31A
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
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DATED
July 18, 1983
RESOLUTION NO.
83-31A
MOTION BY COUNCILMEMBER
Swenson
SECONDED BY COUNCILMEMBER
Horn
RESOLUTION APPROVING SUBDIVISION
WHEREAS, Eunice Lyman McClean and Richard J. Lyman are
trumtees and contract for deed vendors of the tract of land which
is more particularly described in Exhibit A attached hereto and
made a part hereof, (hereinafter "the subject property"), and
WHEREAS, Charles C. Song and Irene L. Y. Song are contract for
deed vendees 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, Charles C. Song and Irene L. Y. Song have made appli-
cation 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
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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 45 prohibits the issuance of any resi-
dential, commercial or industrial building permits for any tract of
land, which was created subsequent to March l5, 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 subdivided subsequent to March IS, 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 spetic systems, and
WHEREAS, under the provision of Ordinance 45, the parcel of
land as described on Exhibit A is eligible for one single family resi-
dential building permit, and
WHEREAS, the aforementioned application was made with the City
for the purpose of subdividing the property into a smaller tract for
residential mortgage purposes, 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 Certificates of Title on file at the
Carver County Recorder's Office, Carver County, Minnesota,
NOW THEREFORE, BE IT RESOLVED:
I. 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 purpose
of putting future owners and incumbrancers on the subject pro-
perty on notice of the building permit restrictions of Ordi-
nance 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 l8th day of July, 1983.
ATTEST:
'L
Don
;{2 OL~
Ashworth, City Clerk/Manager
YES
NO
ABSENT
Hamilton
Horn
Geving
Swenson
Watson
None
None