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<br />City Council Meeting Minutes <br />June 13,2001 <br /> <br />of the improved roadwav would be to the Centerville businesses on 21st Avenue. All <br />in favor. Motion carried unanimously. <br /> <br />Council Member Broussard Vickers indicated that Staff should go ahead and continue its <br />talks with the City of Lino Lakes and let them know that Centerville is reviewing the <br />figures. <br /> <br />Motion bv Council Member Capra. seconded by Council Member Nelson to table <br />approval of the 21st Avenue Joint Powers Al!reement until more research is <br />provided to Council. All in favor. Motion carried unanimously. <br /> <br />IX. NEW BUSINESS <br /> <br />I. Wilharber Lot Split <br /> <br />Mr. Hoeft explained that he had received a request from Mr. Tom Wilharber for the <br />approval of a lot split. He then explained that the situation came about because a deed <br />prepared by an Attorney to transfer title of the land from Mr. Wilharber's mother to a <br />trust inadvertently and by mistake, excepted out some property in the legal description in <br />the wrong area of the property. He noted the exception was supposed to except out the <br />land where Mr. Wilharber's residence is located but instead excepted out a different piece <br />of the land. <br /> <br />Mr. Hoeft explained that after the deed was executed, Mr. Wilharber's mother passed <br />away so it is impossible to correct same with a new deed. He then noted that Mr. <br />Wilharber and his siblings are looking at selling the property and in order for a Quit <br />Claim Deed to be recorded with the County, the County has asked for Council approval <br />of the lot split that occurred due to a part of the property being excepted out of the deed. <br /> <br />Mr. Hoeft indicated that an attorney in his office would be correcting the mistake and <br />properly identifying the property; but in order to do so, the incorrect deed first needs to <br />be recorded. <br /> <br />Mr. Wilharber told Council that in 1996 tlle trust was established to circumvent any <br />issues when his mother passed away. He noted that the attorney did not record the deed <br />and at the time he attempted to do so, he learned of the issue. He then noted that, if <br />Council did not approve the lot split, the matter would need to go through probate, which <br />would consume a large amount of time. Mr. Wilharber told Council he is not looking at a <br />lot split as he and his siblings intend to sell the entire piece of ground. <br /> <br />Motion by Mayor Swedberl!. seconded by Council Member Nelson to approve the <br />lot split as presented. All in favor. Motion carried unanimouslv. <br /> <br />Council Member Broussard Vickers was not present for the vote. <br /> <br />2. Pheasant Marsh <br /> <br />Page 19 of25 <br />