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lIII IIIh <br /> U <br /> league of minnesota cities <br /> September 4, 1987 <br /> Dan Tourville <br /> City Planning and Zoning Commission <br /> 6994 Centerville Road <br /> Centerville, Minnesota 55038 <br /> Dear Mr. Tourville, <br /> Now that I have finally had a chance to work on your question, I <br /> I can't reach you on the telephone, so perhaps I should write you <br /> a brief letter in case I am unable to reach you later in the day. <br /> I have enclosed M.S. 462.358, Subd. 4b, which is the statute <br /> relevant to your question on metes and bounds conveyances. As best <br /> I understand it, the only points in the six -point list of <br /> conditions that you need to be concerned with are numbers 5 and 6. <br /> What it all boils down to is that certain metes and bounds <br /> conveyances are permitted in cities having subdivision <br /> regulations, but they have to be conveyances of the sizes allowed <br /> by (5) or (6). In other words, only conveyances that are big <br /> enough are allowed. <br /> ,The second part of your question was whether the city could <br /> override the statutes and do what the statutes say you can't do. <br /> The simple answer to that question is no, not usually. Metes and <br /> bounds conveyances of smaller parcels of land are not allowable, <br /> not so much because the city can't do it, but because the county <br /> generally can't and won't accept them. In any case, the end result <br /> is that the city could make only those metes and bounds <br /> conveyances allowed by state law. <br /> However, the last paragraph of 462.358, Subd. 4b does seem to <br /> create some sort of loophole if the council agrees by resolution <br /> to waive compliance with the law where compliance will create an <br /> "unnecessary hardship" and will not interfere with the purpose of <br /> the subdivision regulations, whatever that is supposed to mean. <br /> But it appears that each such conveyance will cost the property <br /> owner at least $100. And it appears that the county recorder <br /> still has some discretion in deciding whether the conveyance <br /> complies with the law. <br /> I have enclosed a few attorney general's opinions and a portion of <br /> a 1978 memorandum that discuss various aspects of metes and bounds <br /> 1 F33 university avenue east, st. paul, minnesota 55101 (6121227-5600 <br />