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HomeMy WebLinkAbout#2653-approve plat-1989 . . . . . '. :7�S�.a . � r f��.a� "'� :V`' :: I ... . Y �yS �, Ci.t� o� ORONO . � RESOLUTION OF THE CITY COUNCIL � NO. 2653 • - • • � ��:tia� A RRSOLIITION APPROVING THS PLAT OF SIIGAR WOODS FII.$ NO. 1334 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WH$REAS, the City Counci 1 of the City of Orono (hereinafter the "City Council " ) has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, on July 10 , 1989 , the City approved a conditional use permit, Resolution # 2652 , for a Planned Residential Development of 25 single family detached residential units within the R-lA Residential Zoning District requiring a minimum of 25 acres; the property consists of 32.6 acres. The proposed development plan was found to satisfy all pertinent standards of Section 10.20, Subdivision 3 (H) of the Planned `� �Residential Development Ordinance. The approval of the conditional use permit was also based on the subdivider agreeing to the following limitations on the development and future use of the property: 1. Each building pad is defined by specific setbacks as follows: � Lots 1 through 4, Block l: 50 ' front and rear 40 ' side � Al1 other lots in Blocks l, 2, 3 and 4: 50 ' f ront and rear 30 ' side 2. Each building pad is limited to 80$ hardcover improvements as defined in Article IX, Section 16 of the Declaration of Covenants, Conditions, Restrictions and Easements of Sugar Woods. Such improvements will include the access road through the portion of the property located within the front street setback area. Page 1 `of 5 � � � Cit� of ORONO � RESOLUTION OF THE CITY COUNCIL � • NO. 2653 • - • • .�.:=s 3. The open space areas, Outlots A & B, and the defined setback areas within each of the residential lots shall be restricted from all grading/land alteration activities, and no tree in excess of 2" in diameter at 4' in height shall be removed unless it is diseased or presents a hazard. Limitations of grading and tree removal shall not restrict the area of the access drive within the front street setback area. WHER$AS, the City Council has considered the application for a subdivision of a plat by Sidney Rebers and Barbara Rebers, husband and wife, and Rebers Construction Company, a Minnesota Corporation (hereinafter "the subdivider"); and WH$REAS, Sidney Rebers and Barbara Rebers, have deeded Outlot D, Sugar Woods to the Sugar Woods Homeowner`s Association, � � Inc. , a Minnesota non-profit °corporation; and WHEREAS, the subdivision of a Planned Residential Development has been found to meet all pertinent standards of the subdivision regulations of the City finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need of any variances; and WH$REAS, the subdivider has completed all requirements of the platting regulations of the City, including: l. Completion of all the requirements of Resolution #2554 � that granted preliminary approval of the subdivision and Planned Residential Development. 2. Dedication on the plat of drainage and utility easements. 3. Dedication on the plat of rights-of-way for public streets and roads shown as Brown Road North and State Highway' 12. 4. The creation of a new private road shown on the plat as Outlot C, to be known henceforth as Sugarwoods Drive. • Page 2 of 5 , , .. --� � � - , , ,�a� �� �� Ci.t� of ORONO � RESOLUTION OF THE CITY COUNCIL � NO. 2653 • � • • , 5. Concurrent with the creation of this private road, the subdivider has dedicated to the City a road and utility easement granting to the City permanent access, improvement and utility easements over Outlot C; the subdivider has �created non-exclusive ingress, egress, drainage and utility easements over said outlot in favor of all .abutting and/or . benefitting lots, including a declaration of certain maintenance covenants wherein each of the abutting and/or lot owners through their homeowners' association covenants and agrees to permanently maintain and pay the cost of maintenance for said private road. � 6. Dedication to the City of a drainage easement providing � for limitations on the use of a detention pond and drainageways described therein and shown on the plat as drainage easements with Outlot F. • 7. Execution of a Subdivider's Agreement providing f or the installation of certain improvements as a condition of subdivision approval and the posting of acceptable security to the City to ensure the completion of these improvements. 8. Payment to the City of a Park Dedication fee in the • amount of $10,000.00. . � 9. Payment to the City f or the 1 ega 1 review and f i 1 ing of � the plat, easements and covenants. NOW, THBR$FORS B$ IT RESOLVED, that the City Council of Orono hereby approves the plat of Sugar Woods, Hennepin County, Minnesota; subject to the following condition: 1. The subdivider .shall post security with the Public Works . Director of the City of Orono in an amount to be determined by the City Engineer to ensure that all damage to Brown Road sustained during the construction period of Sugarwoods Drive � and the early building stages for residential construction are repaired to the City's satisfaction. The subdivider is hereby advised that the City may choose to request extention � of coverage of the security beyond the original agreed upon two year period depending upon the building schedule for the proposed development. • Pa e 3 of 5 g i. . .�a. a 4 • � . . r � r � � Cit� of ORONO � f"` RESOLUTION OF THE CITY COUNCI L � NO. 2653 ��` ,� ``'• - . '� "� 2. All construction vehicles used for the installation of the private road shall enter and exit only from U.S. Highway 12. The subdivider is to provide appropriate signage to control traffic during the construction period. No construction traf.fic shall be directed to .use Sixth Avenue North. The subdivider shall be held responsible for the enforcement of the approved traffic pattern. 3. Prior to the filing of the final plat, associated documents and covenants, the subdivider shall have completed the execution of an agreement or petition agreeing to pay without appeal for sanitary sewer and water lines to be installed in or near Highway 12 by the City. 4. Outlot D, a portion of future east/west road located within the commercial zoned portion of the property, shall be installed at the time of the development of Outlots E or F or the development of the Wear property (unless the City has obtained an alternate legal access through Out.l.ot E to • the Wear property a l l su�b ject to the approva l of the City). 5. The af oresaid p 1 at sha 11 be f i 1 ed by the City of Orono with the Registrar of Titles on or before January 10, 1990 together with a certified original copy of this resolution and executed copies of the easements and covenants noted above. The execution of. the plat by the City of Orono and the filing of the plat shall be conclusive evidence that the I subdivider has satisfied all� conditions set forth in this resolution. The approval granted by this Resolution shall expire if the plat has not been filed by the date specified above. In that , event, it will be necessary to file a new application with the City of Orono for subdivision review. � Dated this lOth day of July, 1989. ATT ST: � ✓ _ . � , orothy . Hallin, City Clerk� � Jam s R. Grab , Mayor ` ' Page 4 of 5 • . � , '_:_._,•.,. , �-,.. , . , .. �� ' ' � • r Cit� o� ORONO �• RESOLUTION OF THE CITY COUNCIL � NO. 2653 • � • • � � . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of July, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. - � Notary Publi �k;�''�;;�;�� LA I K. SCHEFFLER ?'•b' -£•r;1>.�; NOTARY VU6LIC—MINNESOTI '' �'"�`�=' HENNEPIN COUNTY � •.�1�:r.�:� ��t�.,,;.,µ;.r' My commission expires6-8-93 My Commission � Page 5 of 5 •