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
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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.