HomeMy WebLinkAbout2016-029 (Resubdivision 234 Rutherford Rd) RESOLUTION 2016-029
A RESOLUTION RESCINDING RESOLUTION NO. 2013-032
AND APPROVING A RESUBDIVISION
OF PROPERTY LOCATED AT 234 RUTHERFORD ROAD
CASE NO. 2016-10
WHEREAS, on March 5, 2013, the City Council of the City of Stillwater
approved Resolution No. 2013-032, approving a resubdivision of the lot located at
234 Rutherford Road; and
WHEREAS, Jennifer Cates of Cates Fine Homes, LLC, has made application as
the landowner for the City Council to rescind Resolution No. 2013-032 and for
approval to of a new resubdivision of the existing lot at 234 Rutherford Road into
two parcels; and
WHEREAS,the legal description of the subject property is:
Lot 2, Block 1, Jackson Estates,Washington County, Minnesota; and
WHEREAS,the legal descriptions of the resulting two parcels are:
See Exhibit A; and
WHEREAS, the requested resubdivision and associated request to rescind
previous approval is consistent with the City's Comprehensive Plan, Zoning
Ordinance and Subdivision Ordinance.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Stillwater hereby approves the requested resubdivision of property with the
following conditions:
1. Utility service connection plans must be submitted to and approved by
the Stillwater Public Works Director prior to City signing off on the deeds
for their recording with the County.
2. An escrow for utility service connection construction may be required at
the Public Works Director's discretion. The amount would be determined
by the Public Works Director. If an escrow is required, it must be
deposited with the City prior to commencing any utility work within the
City's road right of way.
3. The total amount due for all of the development impact fees is
$15,216.39. Of this total amount, $4,314.87 may be spread against
property taxes for Parcel 2. The remaining $10,901.52 is due upon
release of the City-signed deed for Parcel B.
4. If the $4,314.87 Transportation Adequacy Fund fee is spread as an
assessment on Parcel 2 instead of being paid in full at time the deeds are
released from the City for filing with the County, then verification that
this has been completed must be provided by the landowner prior to
release of the deeds.
5. A five foot wide drainage and utility easement must be created along the
west side of Parcel 1 and the east and south lot lines of Parcel 2. The
easements are to be approved in form and content by the City Attorney
prior to release of the Parcel 2 deed for filing with Washington County.
The easements will need to be filed by the landowner together with the
deed. Proof of filing will be required prior to issuance of a building
permit for Parcel 2.
6. A blanket drainage easement must be created on the future development
area of Parcel 1. The easement is to be approved in form and content by
the City Attorney prior to release of the Parcel 2 deed for filing with
Washington County. The easements will need to be filed by the
landowner together with the deed. Proof of filing will be required prior
to issuance of a building permit for Parcel 2.
7. Prior to submitting the building permit for the house to the City Building
Department,the landowner must provide a copy of the building plans to
the Liberty on the Lakes Master Association for their review and
comments.
Enacted by the City Council of the City of Stillwater, Minnesota this 2nd day of
February, 2016.
CITY OF STILLWATER
‘1.2*(2k5::7>*
Ted Kozlowski, Mayor
ATTEST:
%a."' ii(2,Ap-c •
Diane F.Ward, City Clerk
EXHIBIT A
PARCEL 1
That part of Lot 2, Block 1,JACKSON ESTATES,Washington County, Minnesota
which lies southerly and easterly of the following described line:
COMMENCING at the northwest corner of said Lot 2; thence on an assumed bearing
of South 01 degrees 11 minutes 12 seconds East along the west line of said Lot 2 a
distance of 44.97 feet; thence continuing southerly 87.07 feet along said west line
being a tangential curve concave to the east having a radius of 270.00 feet and a
central angle of 18 degrees 28 minutes 37 seconds; thence North 79 degrees 56
minutes 21 seconds East a distance of 208.11 feet; thence North 14 degrees 23
minutes 08 seconds West a distance of 101.11 feet to the north line of said Lot 2 and
said line there terminating.
PARCEL 2
That part of Lot 2, Block 1, JACKSON ESTATES,Washington County, Minnesota
described as follows:
BEGINNING at the northwest corner of said Lot 2; thence on an assumed bearing of
South 01 degrees 11 minutes 12 seconds East along the west line of said Lot 2 a
distance of 44.97 feet; thence continuing southerly 87.07 feet along said west line
being a tangential curve concave to the east having a radius of 270.00 feet and a
central angle of 18 degrees 28 minutes 37 seconds; thence North 79 degrees 56
minutes 21 seconds East a distance of 208.11 feet; thence North 14 degrees 23
minutes 08 seconds West a distance of 101.11 feet to the north line of said Lot 2;
thence South 88 degrees 48 minutes 48 seconds West a distance of 196.45 feet to
the POINT OF BEGINNING.
SUBJECT TO a drainage and utility easement over the south 5.00 feet of the above
described property which lies east of the west 10.00 feet thereof and SUBJECT TO a
drainage and utility easement over the east 5.00 feet of the above described
property which lies south of the north 10.00 feet thereof