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HomeMy WebLinkAboutCity Council Resolution 1981-608CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Minnesota, was held on the 14th day of September , 19 81 , The following members were present: Mayor Davenport Counci members o t, Neils Schneider and Threinen The followi`ng members were absent: none f** Councilmember Schneider introduced the following Resolution and moved Its adoption: RESOLUTION NO. 81-608 APPROVING REVISION TO FINAL PLAT FOR "WILLOWGROVE SECOND ADDITION", REVISION TO APPROVAL OF CONDITIONAL USE SITE PLAN AND NUMBER OF UNITS FOR "WILLOW GROVE CONDOMINIUMS" FOR WALLACE FREEMAN AND AUTHORIZING EXECUTION OF AGREEMENT REGARDING FUTURE INCORPORATION OF LAND INTO "WILLOW GROVE SECOND ADDITION" (81003/80048) WHEREAS, the City Council under Resolution No. 81-296, approved a final plat and Development Contract for "Willow Grove Second Addition" for Wallace Freeman which contemplated the ir:orporation of a portion of vacated Quaker Lane; and, WHEREAS, the City Council under Resolution No. 31-286 approved a site plan and conditional use permit for Wallace Freeman for "Willow Grove Condominiums" con- sisting of 78 apartment units, the density being based upon a land area including a portion of vacated Quaker Lane; and, WHEREAS, the City Council under Resolution No. 81-137, authorized the vacation of a portion of Quaker Lane in "Pheasant Hills Addition"; and, WHEREAS, it has been verified that the final plat cannot be filed with Hennepin County with the portion of vacated Ouaker Lane until a "proceedings subsequent" has been completed to establish a Cer=11"icate of Title; and, WHEREAS, the petitioner has requested approval of a revision to the final plat deleting that portion of Quaker Lane until such time that the "proceedings subsequent" process is completed; and. WHEREAS, it has been verified that the cfwnership of the vacated Quaker Lane has been transferred to the party other thar the petitioner resulting in the need for the petitioner to initiate legal action to re-establish ownership; and, WHEREAS, the petitioner has also requested that, not withstanding the deletion Of a portion of Quaker Lane from the final plat, he be permitted to retain the 78 dwelling units approved for the "Willow Grove Condominiums"; and, WHEREAS, the matter has been reviewed by City staff and the City Attorney, who recommends approval of revision to the final plat and site plan approval; Resolution Na, 81-608 Page 2 , NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following with respect to the legal matters regarding vacation of Quaker Lane, the final plat for "Willow Grove Second Addition", the site plan for "Willow Grove Condominiums", and the related request of Wallace Freeman: 1. Revision of the final plat for "Willow Grove Second Addition" deleting a portion of vacated Quaker Lane is hereby authorized; the final plat to be filed under the approval of Resolution No. 81-296 and the approved Development Contract. 2. The total number of units for the "Willow Grove Condominiums" shall be as set forth in Resolution No. 81-286, not withstanding the deletion of the portion of vacated Quaker Lane from the site which has resulted from circumstances beyond the control of the petitioner. 3. The City Manager is hereby authorized to draw an agreement to be approved by the City Attorney and to be executed by the City Manager and Mayor with the petitioner reflecting the understanding set forth in the September 9, 1981 letter from the petitioner's attorney. The agreement upon execution shall be attached to, and become a part of the approved Development Contract and Conditional Use Permit for "Willow Grove Second Addition" and "Willow Grove Condominiums". 4. Should the petitioner be successful in the recovery of title for any portion of the vacated easement, it shall be consolidated with the parcel property. The motion for the adoption of the foregoing Resolution was duly seconded byci member Hoyt , and upon vote being taken thereonrt, the following vote in favor thereof: Mayor Davenport, Councilmembers Ftoyt, ils. Schneider, and Threinen The fol ow ng voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted.