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(A) No conveyance of land to which these regulations are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved registered land survey made after the effective date of this chapter. The foregoing provision shall not apply to a conveyance if the land described:
(1) Was a separate parcel of land on record on the date of the adoption of this chapter;
(2) Was the subject of a written agreement to convey entered into prior to the date of the adoption of this chapter; or
(3) Is a single parcel of land of not less than 2½ acres and having a width of not less than 300 feet.
(B) Only one division of land in which the tract is described by metes and bounds shall be permitted. Any further division of the remaining land must be by plat, duly approved and recorded in accordance with the laws and regulations in the case made and provided. Any further conveyance of land by metes and bounds description must be handled as a variance.
(Ord. passed 9-20-79)
(A) Generally.
(1) Approval.
(a) Before a final plat may be approved by the City Council, the owner shall execute and submit to the Council an agreement, which shall be binding on his or her heirs, personal representatives and assigns, that he or she shall cause no private construction on the land, except with approval of the Planning Commission, until all improvements required under this chapter have been petitioned for and have been constructed.
(b) No final plat shall be approved by the Council without first receiving a report from the Planning Commission certifying that the improvements described herein, together with the agreements and documents required herein will meet the minimum requirements of all applicable ordinances.
(c) A certified copy of the plat restrictions shall be filed with the City Clerk/Treasurer/Administrator and Register of Deeds which shall include a provision that, in all instruments of sale or conveyance given before all street improvements have been made, the grantee shall agree to and approve the improvements and the assessment of their cost.
(2) City financing. With the approval of the City Council, any or all of the required improvements may be financed and assessed by the city, pursuant to M.S. Chapter 429, as it may be amended from time to time. Length of assessment period and rate of interest shall be as determined by the City Council.
(3) Financing by developer. If deemed advisable and to be in the best interests of the city, the City Council may require the developer to finance and pay for any or all improvements. Prior to the making of the required improvements, the owner or subdivider shall deposit with the City Clerk/Treasurer/Administrator an amount equal to the City Engineer’s estimated cost of any or all improvements which are to be financed by the developer, either in cash or as indemnity bond, with sureties to the satisfaction of the city, conditioned upon the payment of all construction cost incurred by the city in the making of the improvements and all expense in connection with the making of the improvements. All improvements shall be contracted through the city.
(B) Improvements. The following improvements shall be constructed as provided for in this section. Plans and specifications of improvements shall be approved by the Planning Commission.
(1) City obligation. The city will construct, furnish and install, at city expense, the following improvements to city specifications. Furnishing these improvements shall be commensurate with available city funds for the work and according to programs and priorities as established by the City Council. If the developer would desire any of these improvements sooner than the city would be able to furnish them, then the costs of the following improvements shall be paid for by the developer.
(a) Street lighting. Street lighting shall be constructed by the city, preferably after curbs and gutters have been installed. If additional or other type of lighting is desired by the developer, he or she shall pay the increased cost thereof.
(b) Signs. Street name signs and traffic control signs shall be installed by the city.
(2) Obligation of developer. The developer shall pay the proportionate amount of the following improvements on or for his or her subdivision or development. The financing shall be according to division (A).
(a) Site grading. Necessary site grading shall be accomplished by the subdivider.
(b) Street grading.
1. Streets shall be graded for the total width of the right-of-way and to the elevations as established by the City Engineer prior to any site grading or building construction. A minimum of four inches of granular base material should be applied if required to stabilize the roadbed.
2. Temporary construction may, at the discretion of the Street Superintendent, be required, for just cause, on any street, streets or portion thereof. Reconstruction or alteration in any way of existing streets affected by the plat or improvements thereupon shall be subject to the approval of the Planning Commission. All costs therein incurred, for either temporary access or reconstruction, shall be borne by the owner or subdivider.
(c) Sanitary sewer.
1. Where a sanitary sewer is or will be available at the boundary of the subdivision, it shall be constructed in accordance with plans as prepared by and under the supervision of the City Engineer. The cost of any required pumping station, deemed necessary by the Engineer, shall be assessed against the benefitting property.
2. Where it is neither practical nor economical for the city to extend city sewer, private sewage disposal facilities shall be constructed according to city and state specifications. Consideration shall be given to future availability of a city sewer in the installations.
(d) Water main. Where city water is, or will be available at the boundary of the subdivision, it shall be constructed in accordance with plans as prepared by, and under the supervision of the City Engineer. Where it is neither practical nor economical for the city to extend city water, private water supplies shall be constructed according to city and state specifications.
(e) Storm sewer. Where a city storm sewer is, or will be available at the boundary of the subdivision, it shall be constructed in accordance with plans as prepared by and under the supervision of the City Engineer.
(f) Utility easements. The costs of any necessary utility easements shall be borne by the contractor.
(Ord. passed 9-20-79)
For purpose of conveying a title or securing building permits, the platting procedures, design features and documents shall not apply to the division of one or more lots platted into lots and blocks and designated in a subdivision plat on file and of record in the Office of the County Registrar of Deeds into one or more separately described tracts, nor shall the chapter apply to the consolidation of two or more platted lots or platted lots or parts thereof into one or more tracts, upon compliance with the following conditions:
(A) The owners or owner of the platted lot or lots to be so divided shall file with the City Clerk/Treasurer/Administrator a proposed survey plat by a registered land surveyor of the lot or lots to be divided or consolidated. The plat or survey shall show the dimensions of the lot as measured upon the recorded plat, and also the proposed division thereof, a written description of the separately described tract or tracts which will result from the proposed subdivision or consolidation shall be filed with the plat or survey.
(B) The separately described tract of land to be conveyed or designated for building permit purposes by reason of the subdivision or consolidation as described upon the proposed plat, shall not be less than the minimum dimensions required to secure the minimum lot areas specified in the zoning chapter.
(C) As a result of the division or consolidation as herein authorized, no remaining part of an original subdivision lot shall become a separately described lot upon the proposed plat with a size less than the minimum dimensions required to secure the minimum lot area specified in the zoning chapter.
(Ord. passed 9-20-79)
ADMINISTRATION AND ENFORCEMENT
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