Meeting Date:   10/10/2017 - 5:30 PM
Category:   CONSENT AGENDA
Type:   Action
Subject:   6. To consider and approve Resolution No. ____, Second Series which is the amended resolution for final plat for DAR Addition.
Revised Comments
Policy:  
Enclosure
File Attachment:  
Amended Resolution approving DAR Addition 10-3-17.docx
Order 7-28-17.pdf
Background Information Please find a copy of the final plat of DAR Addition, as well as an Amended Resolution to be submitted regarding the final re-approval of the DAR Addition.

Property owner JR&R Partnership, (Runnings) has previously filed preliminary and final plat for DAR Addition. The property is located adjacent to trunk Hwy 59. The proposed plat includes the subdivision of one existing large lot into two smaller lots. The property has not previously been subdivided and the property owner wishes to plat the property with the intent of demolishing an existing building onsite and making the existing property available for future commercial use and development. The owner intends to keep the existing storage building in place at the present time.

This matter has previously been submitted to Planning Commission for approval and public hearing has previously been held. The City Council previously approved the final plat on June 13, 2017,. Subsequent to that date, however, it was determined that the legal description for the property to be platted was insufficient, as the metes and bounds description did not “close”. Property owners have subsequently initiated legal action to reform and correct the legal description. That legal proceeding has been concluded and a court order has been filed amending the legal description. The new amended legal description has been used for the DAR plat. A new plat has been prepared and this matter is resubmitted to the Council for approval as amended. Attached is a proposed resolution. Title work has been completed which has verified ownership and further has confirmed that there are no mortgages or liens against the property which would require additional signatures on the plat.
Fiscal Impact Applicant will be billed for all direct costs related to the platting process.
Alternative/Variations None recommended.
Recommendations
Approvals:  
Recommended By:
Pending:
Dennis SimpsonCOSM - City Attorney
Signed By:
Sheila Dubs Signer - Interim City Administrator
Vote Results:  

Motion #1:
Member (Steven Meister) Moved, Member (Craig Schafer) Seconded to approve the Original motion 'the following consent agenda items be approved as presented.'. Upon a Roll-Call Vote being taken, the vote was: Aye: 7 Nay: 0.
The motion CARRIED 7 - 0