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9.e erickson property transferr N SCA DIA Staff Report Date of Meeting: March 15, 2016 To: City Council From: Neil Soltis, Administrator Re: Resolution approving the transfer of property Background: On June 4, 2002 the Town Board of New Scandia Township approved the Edward Erickson minor subdivision. The the approval was conditioned on Section 3.3(2)(C) of the Zoning Code which allowed an exception to create one (1) lot without public road frontage under conditions, one of which was "No further subdivision of any of the parcels shall be permitted without the required public road access. The the quit claim deed for the property (Washington County record 3256827 recorded on August 12, 2002) makes record that the conveyance is subject to a restrictive covenant that tracts herein described shall not be sold or conveyed separately from each other without the consent of the Town Board of New Scandia Township. The Edward L. Erickson Revocable Trust is seeking to convey parcel 22.032.20.31.0005 to Richard Holtzbauer, the owner of 13623 205th St. N (parcel 22.032.20.24.0007). Holtzbauer is seeking to combine the parcel into a single parcel that would have public road access. Issue: Should the City approve the transfer? Details / Discussion: At the time the deed covenant was placed on the property there was a discussion of a subdivision. The purpose of the deed covenant seems to make certain that there would be no subdivision or transfer without approval by the township. Since that time 2 other parcels have been sold to adjoining landowners and in both cases the parcel were combined with the parcel that contained sufficient road frontage. Options: 1. Approve the transfer 2. Deny the transfer Recommendation: Approve the transfer with the following conditions: 1. The drainage easements surrounding the delineated wetlands as recorded in Washington County document 3487610 remain in place. 2. The restrictive convenant requiring the consent of the Town Board of New Scandia Township, or its successor the City of Scandia, be removed from the deed. 3. That Holtzbauer combine parcel 22.032.20.31.005 with parcel 022.032.20.24.0007 to create a single parcel of 29.547 acres more or less within 2 months of this approval. CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 03-15-16-01 APPROVING A THE CONVEYANCE OF PARCEL 22.032.20.31.0005 WHEREAS, On June 4, 2002 the Town Board of New Scandia Township approved the Edward Erickson minor subdivision; and WHEREAS, the approval was conditioned on Section 3.3(2)(C) of the Zoning Code which allowed an exception to create one (1) lot without public road frontage under conditions, one of which was "No further subdivision of any of the parcels shall be permitted without the required public road access; and WHEREAS, the quit claim deed for the property (Washington County record 3256827 recorded on August 12, 2002) make record that the conveyance is subject to a restrictive covenant that tracts herein described shall not be sold or conveyed separately from each other without the consent of the Town Board of New Scandia Township; and WHEREAS, the Edward L. Erickson Revocable Trust is seeking to convey parcel 22.032.20.31.0005 to Richard Holtzbauer, the owner of 13623 205th St. N (parcel 22.032.20.24.0007); and WHEREAS, Richard Holtzbauer is seeking to combine the parcel into a single parcel that would have public road access. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does recommend approval of the conveyance of parcel 22.032.20.31.005 from the Edward L. Erickson Revocable Trust to Richard Holtzbauer, the owner of parcel 22.032.20.24.0007. FURTHER BE IT RESOLVED, that the following conditions of approval shall be met: The drainage easements surrounding the delineated wetlands as recorded in Washington County document 3487610 remain in place. 2. The restrictive convenant requiring the consent of the Town Board of New Scandia Township, or its successor the City of Scandia, be removed from the deed. 3. That Holtzbauer combine parcel 22.032.20.31.005 with parcel 022.032.20.24.0007 to create a single parcel of 29.547 acres more or less within 2 months of this approval. Adopted by the Scandia City Council this 16th day of March, 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, Administrator/Clerk \ i° � � m , 113 I II (0 L=308-23 � (b) . 25 *18 f fR=1600- 16" �`-11-02 89050'25" - 676.47 north line, NW114—SWI/4 225.53 a northeast comer, NW114—SWI/4 DRAINAGE f/ 1 Document No. wetland o. BARN t 4 J HOUSE m ESSORY LDINGS L-j m Lj 'OPOSED NRCEL A 52.256 acres± LAIM DEED, Document No.4037678 Edward L. Erickson to Brian Erickson rn 35' 60.00 toot *id�u eyi ,and drainage \ 1 R1813.06 P) \ 459.91 (D) ' jN"10"42'f8 (0)- ' � ` , _ - --267'00'49„ (cI %-33.39 y centerline by description NORTH ° / 00 Found this monument 0.34 feet west of line. QUIT CLAIM DEED, Document No. 3606365 Cathryne M. Walz to Richard J. Holtzbauer PROPOSED north line, NE1/4—SWI/4 — 247.94 ./ west er, NE44—S Wf EASEMENT-1/ PARCEL B 3487610 / wetland . /�, 29.549acres± ' J �" LO s. / y"s Cfl DRAINAGE EASEMENT L0 %� \ � Document No. 3487610 r- ,/ \ 1 A wetland 30 89°54 3 f �CY)� DRAINAGE 0N. 0 4` EASEMENT to CG] It wetland r Q -------------•- 646.39--------------- LO 00 0 CO °V 0 co Center of N T32N, 8950 25 " 646.47 " 89°50'25" - 15.61 06 rt----- -------- ---_W____---. 6 6 2. 00-------------- rn �f HV E 8954 J5" 662.07 `. 655.77 ° 00 0 0° o------�------655.70------------a ov � (a, 1 ; N �_O 100 O o°i� `r) i °LW E o r DRAINAGE mm- ° EASEMENT wetland I- i - southwest come, of the 1 -� south 659.00 feet of the