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
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