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Home My WebLink About15.D.2. Ryan Companies Request for Exception to Convey Land by an RLS-Res. No. 6004 CITY OF SHAKOPEE IS-O.l. , Memorandum TO: Mayor and City Council I!'\l t' ~~ (;' r "',~~ V li ,f; (li~ ~ ~"! l:~ 8 Mark McNeill, City Administrator . .. \JY' fn~__~ :,.:~~ i" FROM: R. Michael Leek, Community Development Director SUBJECT: Request of Ryan Companies for Exception to Allow Conveyance of Land by a registered land survey (RLS) MEETING DATE: January 20,2004 INTRODUCTION: Ryan has submitted a request for the fIrst final plat within the Dean Lakes PUD. Ryan and Ryland Homes desire to close their sales transaction before the fInal plat will be available for recording. For that reason, they have prepared a registered land survey that has been reviewed by City staff, and they are requesting an exception under City Code Sec. 12.46. Subdivision 1 of Section 12.46 states that no conveyance of land can be recorded with the County if the deed describes the land by a metes and bounds description or by reference to an unapproved registered land survey. Subdivision 2 of Section 12.46 provides an exception to that requirement as follows; "In any case in which compliance with Subdivision 1 of this Section will create an unnecessary hardship and failure to comply does not interfere with the purpose of the subdivision regulations, the City Council may waive such compliance by adoption of a resolution to that effect and the conveyance may then be fIled or recorded." In this case, recording of the proposed RLS and conveyance ofthe Ryland parcel by reference to the RLS.will not interfere with the purpose of the subdivision regulations in that a fInal plat will, in fact, be subsequently recorded. Moreover, the subject property will continue to be subject to the conditions imposed by the City Council in approving the PUD, preliminary plat, and shoreland CUP for Dean Lakes. ALTERNATIVES: 1) Offer and approve Resolution No. 6004, a resolution allowing the recording ofRLS XXX, and the conveyance of property by reference to RLS XXX. 2) Do not pass Resolution No. 6004. 3) Table the matter for additional information. ACTION REQUESTED: Offer and approve Resolution No. 6004, a resolution allowing the recording ofRLS XXX. -/!? ~k/~-/~ R. Michael Leek Community Development Director RESOLUTION NO. 6004 A RESOLUTION OF THE CITY OF SHAKOPEE ALLOWING THE RECORDING OF RLS NO. AND THE CONVEYANCE OF PROPERTY THAT IS APART OF THE DEAN LAKES PUD BY REFERENCE TO THE RLS. WHEREAS, Ryan Companies U.S., Inc. has requested a waiver under City Code Sec. 12.46, Subd. 2, to allow the recording of an RLS and conveyance of land by reference to the RLS prior to the recording of the first final plat of the project known as the Dean Lakes PUD; and WHEREAS, a final plat will subsequently be recorded: and WHEREAS, the recording of the RLS will not interfere with the purpose of the City's Subdivision Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that RLS No. _ may be recorded with the Scott County Recorder/Registrar of Title and allowing the conveyance of property by reference to RLS No. BE IT FURTHER RESOLVED, that the appropriate City officials are authorized to execute the RLS. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2004. Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk I ~ REGISTERED LAND SURVEY NO. XXX o...~ SCOTT COUNTY, MINNESOTA I:l;:"" ~~'" "'g ~<:)<:) """" '-;; h- h- I hereby certify thot, in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949, os amended, I have ~~iS surveyed the following described properly situated in the County of Scott, State of Minnesota to wit: 9::'!5'" C<.;"'~ The Southeast Quarter of the Southeast Quarter of Section 9, Township 115, Range 22, Scott County. Minnesota. And The Northeast Quarter of the Southeast Quarter of Section 9, Township 115. Range 22. Scott County. Minnesota: EXCEPT that part shown as Parcel 74 on Minnesota Department of Transportation Right of Way Plot No. 70-12 on file and of record in the Office of the Registrar of Titles in and for Scott County. Minnesota. And Government Lots 1 and 2. and the West 601.13 feet of Government Lot 3. Section 10, Township 115, Range 22. Scott County, Minnesota, including the accretions and relictions thereto. EXCEPT that port of Government Lots 1 and 2 shown os Parcel 74 on Minnesota Department of Transportation Right of Way Plat No. 70-12 and thot part of Government Lot 3 shown as Parcel 74 on Minnesota Deportment of Transportation Right of Way Plat No. 70-13, all in Section 10, Township 115. Range 22 on file and of record in the Office of the Registrar of Titles in and for Scott County, Minnesota. I hereby certify that this Registered Land Survey is a correct delineation of said survey. Doted this '-__ day of __________, 20___ -------------------- Scott A. Gyllen, Land Surveyor Minnesota License No. 23002 This REGISTERED LAND SURVEY was approved and accepted by the City Council of Shakopee. Minnesota at a regular meeting thereof, held this ________ day 0'-_______________,20___. CITY OF SHAKOPEE, MINNESOTA 8y____________________________ May~ 8y_________________________ its Manager TAXPA YER SERVICES DEPARTMENT, Scott County; Minnesota I hereby certify that taxes payable in ____ and prior years have been paid for land described on this plot. Dated this ___________, 20__. ---------------------------- Scott County Auditor SURVEY DIVISION, Scott County, Minnesota Pursuant to MINN. STA T. Sec. 3838.565 (1969), this registered land survey has been approved this ___ day of _________, 20___ ---------------------------- Scott County Surveyor REGISTRAR OF TITLES, Scott County, Minnesota J hereby certify that the within Registered Land Survey No. _____ was filed in this office this ___ day of ___________, 20___ at __o'clock __m. R;~~~~-~-nu;s---------------- WESTWOOD Professional Services, Inc. SHEET 1 OF 3 SHEETS ~ - - REGISTERED LAND SURVEY NO. XXX ~lu SCOTT COUNTY~ MINNESOTA Cl;; ~~) BEARINGS ARE BASED ON THE SOUTH LINE OF ~ ~ L.. 1-_ ;~ TJ-IC SOUTJ-I~AST OUART~R OF TJ-JE SOUTJ-JEAST :...:: ~ ~: () QUARTER OF SECTION g, TOWNSHIP 775. RANGE ::ii i2 ~ ~'g ~, " eN .~. ..--"nN- '~T 22 WHICH IS ASSUMED TO BEAR N89029'47"W. ~t;s ~PS~ ~vvlr~r;..";';!,.~~:~I,:J1 ~ ~o ,,("C <~ r11./l./IIIV'v 9::: Il:l is t;j~' ), ,-,:;',.."" 02:t NOOOI2'4,J"W ~ ~ ~ (~ ~ ~~ ;~ ,'... I 1251/8 ~~ II) l, ~.; (S I t.O;.... E~ ~e c5 S'~ ~ ~'~~t.: ~~ ~~ L, S~ ~'., :~ c5 r.2 ------- 0, il: " " 0 OENO TES 1/2 INCH BY 14 INCH C) ;;; I --BENCH MARK' IRON MONUMENT SET AND ~, ~! ,/ TOP NUT ON 'HYDRANT MARKED BY LICENSE NO. 23002 ~ / ELEV.=757.61 FT. (NAVQ-88) "'I. · DENOTES IRON MONUMENT FOUND . "" () '. ~ 0::, R v' ~I ~(~I , Q". DEAN LAKE ~~ .... (ELEV.=747.0 FT. 3/05/98) c's ,1'\' {'0~ " ~~ - - (~ i:2 'Z. ;;;:0::: '.. I " , ..", () . I I :=? ~~ I TRACT A ~~~ ~5 (O~I l3cs{.) Q. o~:- ~~~ ~? ~~~ <">O~oS::::::::lO ~o:-...;. f.~ 1111 III _O"'l ...JQ:: <;J ':''''' I S89051'44"E \ "", N0201j'06~W '::,:~_218.17 " _ C) ...0;;""-69,96 1540.50 _ .- "'--"'-... ",::.- _ ~O.?!......-. ::.... S0201j'O~f - --Sf COR. OF SEC. 9 & SW I- ., "... <:]-00 2662.01 TR ~ COR. OF SEC. TO, T. 115, f:~.j \ _:>-"~-'J,,4~'24' ACT B .< R. 22 (SCOTT CO. C.I.M.) ~I.:!?i I R""'"SS/, (SEE SHEET 3 OF J (~ ' ~ ~~ ~( \ C.B.""'S8.;06, SHEET FOR DETAIL) C)'I/ _ sr: ". <838"W ~ ~Ol p~ I, , ~ m u "" I '" ,I, I ,I, III ",iJi ,:> I ~ <\,., <\'.... "" 2:~ .. ~:-t ..,( ~.. ~ !;t~ k ;~ z <: I C ::::iU5 () ~ ~ r-' . !t.J ft) I r.jg~ ,J\ I ~ 2:~ ,.~ ,,~o I ~ 5~ ~~ II ~!.\ ,~. I:' _, 'i' ~ 1 .~ tT\ ,., I ~/~>l \ I CJv' ) , , - - ~ -- 2267.66 I NOI019'J4"W -- I ~? \ -" ~ "^' I NO MONUMENT SYMBOL SHOWN A T ANY STA TUTE ~')~:,' h.,..J. "v. b REQUIRED LOCATION INDICATES A 1/2 INCH BY 14 r5;i " \ INCH IRON MONUMENT THAT WILL BE SET WITHIN 1 < ~: ,5 ,~ C' YEAR OF THE RECORDING OF THIS PLA 1. ,5 \'J a, l. (, \ --; if, f~ ~: () ~ Z , I Q~ {,).."~ n ~.~ G~ ~[ ~€ ",' 400 0 400 800 7200 :H5roa?~2 ~ -. . WESTWOOD Scale In feet Professional Services, Inc. SHEET 2 OF 3 SHEETS - - - ~ REGISTERED LAND SURVEY NO. XXX ~\<J SCOTT COUNTY, MINNESOTA C<; ~ ''J5csOsoOJ'J6"W ~ ~ i::J .". 5,o~~~.OI} -120.61, ~ j::: ~~Ii) ~_ I \ ~ eG ~Q,ltjli)~ ~ <: "'If>~. . ~ I- I- O'll<')l'-.~ ~ ~~ ~;.:':,~-- ~ BEARINGS ARE BASED ON THE SOUTH LINE OF ~ ~ i': <$>0"" I!;: THE SOUTHEAST QUARTER OF THE SOUTHEAST ...... '" 1E t':r> QUARTER OF SECTION 9, TOWNSHIP 115, RANGE ~ ~ 22 WHICH IS ASSUMED TO BEAR N89029'41"W. ~ ~~~~ iJl is TOP NUT ON HYDRANT LOCA TED ALONG NORTH ;I; i(i LINE OF TRACT A (SEE PLAT) ~ '" ELH = 757.61 FT. (NAVD-88) , t e .~ ~ ~- .~ ::~ ~~ ~~ lI),'1' IJ)~ ~~ .41 / \ ,/,/ \, /\ ~ ~ '" '" \ ~g \ f:~ iJl ,it .t ~ oc~ ~ .~ ~fti. ~ .i:1 /"'1S00022'32"W ~~ ~ ! .. 1...-154.00- 1 ~8? kI J 1'1 ~~ ~/\ ~~ I 0'" , ~~ , ~ 1~~ \ ~(flj ,\~j.,* I' \ "'{" ~")~. :iI::: <3 0' lQ """>;''06'' ~t::) ~ "S" TR"CT B ~ <~ ~ ~ ~~ ~ ..p~ ~ ~ 'Q d o C'> :;;.~ w ~ 'X ~ ~. ~S ~ :~ (<\ :/ , ~ "' '" "- '" ~ ~ ~ NO MONUMENT SYMBOL SHQWN A T ANY STA TUTE ; REQUIRED LOCA TION INDICA TES A 1/2 INCH BY 14 INCH IRON MONUMENT THA T WILL BE SET WITHIN 1 YEAR QF THE RECORDING OF THIS PLA T '( Z' DETAIL 200 0 200 400 600 s-:::e in feet WESTWOOD Professional SerVices, Inc. _ SHEET 3 OF 3 SHEETS ~