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HomeMy WebLinkAboutCity Council Resolution 2001-255CITY OF PLYMOUTH RESOLUTION 2001-255 APPROVING A PRELIMINARY PLAT FOR SWAN DEVELOPMENT LLC FOR PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF SCHMIDT LAKE ROAD AND VICKSBURG LANE (200 10-11) WHEREAS, Swan Development LLC has requested approval of a preliminary plat for property legally described as follows; That part of the West half of the Northwest quarter of Section 9, Township 118, North Range 22, West of the 5th Principal Meridian, Hennepin County, Minnesota, described as beginning at the Southwest corner of said Northwest quarter of Section 9, Township 118, Range 22; thence North along the West line thereof a distance of 446.17 feet; thence at right angles East to the West line of the East 462 feet of said West half of the Northwest quarter of Section 9, Township 118, Range 22; thence Southerly along the West line of said East 462 feet to the South line of said West half of the Northwest quarter; thence West along the South Line of said West half of the Northwest quarter to the point of beginning, according to the United States Government Survey, thereof, and situate in Hennepin County, Minnesota. That part of the West half of the Northwest quarter of Section 9, Township 118, North Range 22, West of the 5th Principal Meridian, Hennepin County, Minesota, described as beginning at point on the West line of said Northwest quarter distant 1071.6 feet North of the Southwest corner thereof, thence continuing Northerly along said West line of the Northwest quarter to the Southerly line of the right of way of the Minneapolis, St. Paul and Sault Ste. Marie Railroad; thence Easterly along the Southerly line of said Railroad right of way to the West line of the East 28 rods of said West half of the Northwest quarter of Section 9, Township 118, Range 22; thence Southerly along said West line of the East 28 rods of said West half of the Northwest quarter of Section 9, Towhship 118, Range 22; to its intersection with a line drawn Easterly at right angles to the West line of said Northwest quarter from the point of beginning; thence Westerly along said right Resolution No. 2001-255 File No. 2001031 Page 2 of 4 angle line to the point of beginning except that part thereof lying North of the South 550 feet thereof according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. That part of the West half of the Northwest quarter of Section 9, Township 118 North, Range 22, West of the 5th Principal Meridian, described as follows: Beginning at a point on the West line of said Northwest quarter distant 1071.6 feet North of the Southwest corner thereof, thence Easterly at right angles from said West line of the Northwest quarter to the West line of the East 28 rods of said West half of the Northwest quarter; thence Southerly along the West line of said East 28 rods a distance of 625.43 feet; thence Westerly in a straight line of a point on the West line of said Northwest quarter distant 625.43 feet South of the above described point of beginning; thence North along said West line of Northwest quarter to the point of beginning. That part of the West half of the Northwest quarter of Section 9, Township 118, North Range 22, West of the 5th Principal Meridian, Hennepin County, Minnesota described as beginning at a point on the West line of said Northwest quarter distant 1071.6 feet North of the Southwest corner thereof, thence continuing Northerly along said West line of the Northwest quarter to ;the Southerly line of the right of way of the Minneapolis, St. Paul and Sault Ste. Marie Railroad; thence Easterly along the Southerly line of said Railroad right of way to the West line of the East 28 rods of said West half of the Northwest quarter of Section 9, Township 118, Range 22; thence Southerly along said West line of the East 28 rods of the West half of the Northwest quarter of Section 9, Township 118, Range 22 to its intersection with a line drawn easterly at right angles to the West line of said Northwest quarter from the point of beginning; thence Westerly along said right angle line to the point of beginning. Except the South 550 feet thereof. and That part of the East 462 feet of the West half of the Northwest Quarter of Section 9, Township 118, Range 22 which lies South of the railroad right-of-way, according to the government survey thereof and lying Northerly of the following described line: Commencing at the Southwest corner of said Northwest Quarter; thence North, assumed bearing, along the West line of said Northwest Quarter a distance of 1071.9 feet to the point of beginning of the line to be described; thence East to the East line of said West half of the Northwest Quarter and said line there terminating. The South 1071.6 feet of the East 462 feet (28 rods) of the West half of the Northwest quarter of Section 9, Township 118, North Range 22, West of the 5th Principal Meridian, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. Resolution No. 2001-255 File No. 2001031 Page 3 of 4 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Swan Development LLC for a preliminary plat, subject to the following conditions: 1. A preliminary plat is approved for the creation of 95 lots and 11 outlots, according to the plans and application received by the City on May 22, 2001 and May 23, 2001, except as amended by this resolution. 2. Approval is contingent upon City Council approval of the rezoning from FRD to PUD and the wetland mitigation plan. 3. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. 4. Prior to the issuance of any building permits, the City shall conduct field testing to determine if any spaces need to be signed for no parking on the inside radius of each neighborhood green. 5. The final plat application shall include a plan that shows no parking signs and hydrants at a minimum of three feet from the outside radius of the street around each neighborhood green. 6. The applicant shall comply with the City Engineer's Memorandum. 7. The applicant shall remove all hazardous trees from the property at the owner's expense. 8. The applicant must submit the required utility and drainage easements as approved by the City Engineer prior to filing the final plat. 9. The applicant shall dedicate Outlots C and J in lieu of cash dedication for parks. 10. The applicant shall be reimbursed for the actual cost of paving a trail to City specifications along Schmidt Lake Road and north along Vicksburg Lane to the intersection with 51" Avenue North. The grading, base preparation and suitable ground cover shall be provided at the applicant's expense. 11. The applicant shall disclose to the purchasers of Block 1, Lots 7 through 14, that the rear yard grades will be subject to change in conjunction with the improvement to the railroad crossing. 12. The applicant shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The applicant shall indemnify the City and its officers, employees, and agents for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. Resolution No. 2001-255 File No. 2001031 Page 4 of 4 Adopted by the City Council on June 26, 2001. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 26, 2001 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk