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Home My WebLink About#3896-Approv plat - 1997 � �3. �.. . . J� � S � O� � � NO • �,b. - CITY of ORO , � _ �, ,� G'ti`� RESOLUTION OF THE CITY COUNCIL � ' ��kESH�4� NO. 3 � 96 A RESOLUTION APPROVING THE PLAT OF CRYSTAL CREEK . FILE NO. 1457 � . WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS,the City Council has considered the final plat application of a twelve lot residential Class III subdivision and plat by Kingsbridge Properties, Inc., a Minnesota corporation, (hereinafter "the subdivider"); and � • WHEREAS, per Resolution No. 2948 of the City of Orono, the City Council approved the preliminary plat application for the twelve lot residential subdivision on April 8, 1991; and WHEREAS, the City Council has granted five extensions of the deadline for the preliminary subdivision application until the issue of a southern bypass for Highway 12 that would intersect the property was resolved; and � WHEREAS, the subdivision has been found to meet all standards of the RR-1B, Rural Residential Zoning District finding that each lot is of a size and configuration that would allow its use as a single family residence to be fully developed without the need of any variances; and WHEREAS, on November 26, 1996, the Minnehaha Creek Watershed District Board of Managers approved Permit#96-254 that granted conditional approval of the grading and drainage plans for the Crystal Creek subdivision; and � WHEREAS, on March 18, 1997, Stephen Weckman, Orono's On-Site Septic Systems Manager, reported that all tested septic sites proposed in 1990/1991 preliminary review meet City and State standards; and • , Page 1 of 6 l � , �. � . � O� � O O • ��b. - C ITY of ORONO � ' ti '� RESOLUTION OF THE CITY COUNCIL ��`9.kE p4ti�'G N O. � � 9 6 � SH � W�iEREAS, the subdivider has completed all requirements of the platting regulations of the City, including: l. Completion of all the requirements of Resolution No. 2948, the resolution of the City granting preliminary approval of the plat. 2. Dedication on the plat of drainage and utility easements. 3. Dedication on the plat of drainage easements over all drainageways and NURP ponds and shown as drainage easements on the plat. 4. Dedication on the plat of right-of-way for Watertown Road. 5. Dedication of a new private road shown on the plat as Outlot A, to be known henceforth as Crystal Creek Road. • 6. 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 said outlot; 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 benefitting lot owners covenants and . ' • . agrees to permanently maintain and pay the cost of maintenance for said private road. 7. Outlot B may U'e residentially developed in the future. The subdivision shall be subject to all applicable ordinances in effect at the time of subdivision. The . subdivider sha11 be responsible for providing legal access to the property. Outlot C is unbuildable. The parcel is divided from the remainder of the property by the ' � Burlington Norther Railroad right-of-way and may be sold and legally combined with an adjacent property. 8. Dedication to the City of a flowage and conservation easement providing for liinitations on the use�of wetlands protected by flie City of Orono and shown on the plat as "wetland drainage easements". _ • Page 2 of 6 � � O� O O � • ��b. - C ITY of ORONO � ti � . '� RESOLUTION OF THE CITY COUNCIL �L`q.kE p4��G NO. � SH -� �, 9. The subdivider has created a protective covenant for Lot 1, Block 2 that contains a wetland not included witlun the conservation maps of the City of Orono. The covenant shall�include a site plan of Lot l, Block 2 locating the area of the wetland. � 10. The subdivider has dedicated to the City a temporary road and utility easement over the cul-de-sac to be installed at the end of the private road. The easement sliall be . taken over portions of the 100' diameter cul-de-sac not included within the 50' road outlot. 11. The subdivider has created drainfield covenants to be filed against the Chain of , Title of each of the twelve lots within the plat in order to ensure future owners are aware of the special limitations on the septic capabilities of each of the rural lots and the need to protect existing septic test sites both during construction and after construction. The covenant will include a site plan locating the septic sites and • � provide guidelines for the protection of those sites. � 12. The developer has created easements in favor of the Homeowners Association over Lot l, Block 1 and Lot 1, Block 2 for the purpose of upkeep and maintenance of the entrance monuments to be installed at the intersection of Crystal Creek Road and Watertown Road. . 13. The subdivider has executed a Developer's Agreement providing for the installation of comprehensive improvements required as a condition of approval of the Crystal Creek subdivision. The subdivider has posted a Letter of Credit in the amount of $254,820.00 to ensure that these required improvements are completed to the City's satisfaction. Some of these comprehensive improvements include the following: A. All grading and drainage improvements as shown on Grading Plan pages C- 1 and C-2 by Sundee Engineering, Inc., most revised date January 8, 1997. B. Private road improvement as shown on C-3, Crystal Creek Road . Plan/Profile by Sundee Engineering, Inc., dated March 5, 1997. � C. Erosion control as shown on C-1 and C-2 of the grading plans by Sundee � Engineering, Inc., most revised date January 8, 1997. • . . Page 3�of 6 . � , � � O� O O • �Ab. - CITY of ORONO � ' ti '� RESOLUTION OF THE CITY COUNCIL � �' G . �9kESH�g'� . NO. 3 � � ,��'� . � D. Restoration of ground cover and plantings per landscape plans created by subdivider. 14. The subdivider made payment to the City in 1990 of a park dedication fee in the amount of$3,200.00. 15. The subdivider has made payment to the City for the legal review and filing of the plat, easements and covenants in the amount of$200.00. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of Crystal Creek, Hennepin County, Minnesota, subject to the following conditions: 1. The subdivider to grant driveway easement at 15' width over Lot 6, Block 1 in • favor of Lot 7, Block 1 that will be in effect until an alternate legal access is provided via a future private road. 2. Access to the twelve lots witlun Crystal Creek shall be via the interior private plat road. Access to residential lot or lots developed within Outlot B shall be served by either Outlot A (Crystal Creek Road) and/or approved legal access via contiguous properties. The subdivider is further advised that Outlot B cannot be residentially developed as either one or multiple lots without first seeking subdivision approval , from the City of Orono. 3. Prior to any land alterations, the subdivider shall be responsible for the following: A. . Installation of stormwater ponds as approved by the City of Orono and Minnehaha Creek Watershed District. B. The subdivider is required to stake with fencing all septic sites. Such fencing to be installed 20' from the boundaries of each drainfield test site. . C. Installation of erosion control. � � � • , Page 4 of 6 • y i � � O� O O • _ ��b, _ C ITY of ORONO � � "�',� Gti� RESOLUTION OF THE CITY COUNCI� � � ��kES�IOg'�. . . NO. e`� � � G . . D. The subdivider to provide plan/detail on drainageway to be installed along shared lot lines of Lots 1 and 2, Block 2 noting care must be taken when � constructing this drainageway to prevent drainage from meandering or filling with sediment and flooding adjacent septic sites. The City Engineer and On-Site System Manager shall approve these plans. 4. The subdivider shall be responsible for completing all conditions of the MCWD Pernut #96-254 as follows: A. Execution of stormwater facilities maintenance agreement, a copy of which must be submitted to the City of Orono before land alteration commences. B. Stormwater ponds built and functional prior to all other site work. . C. Activities including, but not limited to, mowing, yard waste disposal and • fertilizer�application shall not occur within the wetland buffer zone. D. Wetland buffer restrictions shall be noted on all property deeds. 5. Erosion control shall be installed as shown on final grading and drainage plans by � Sundee Engineering, Inc. (see Finding 13, C above) and maintained until natural ground cover is restored. No building permits will be issued until all drainage facilities have been installed and approved and a satisfactory road base installed. 6. The aforesaid plat shall be filed by the City of Orono with either the Hennepin � County Recorder's Office or Registraz of Titles Office on or before November 12, 1997 together with a certified original copy of this resolution and executed copies � of the easements and covenants noted above. � � � • Page 5 of 6 ., .,. , ,, � O� - O O • ��b. - C ITY of ORONO � �" � �'�� RESOLUTION OF THE CITY COUNCIL . �`qkESH�4��' . NO. 3 � 9 6 � 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 approval. Dated this 12th day of May, 1997. � . � ATTEST: ��A , _ /lif othy M. a m, City Clerk Gabri 1 Jabbour, Ma � STATE OF MINNESOTA ) ) ss. '• COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 14th day of April, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. `" - �/��- ,„�, LINDA S.VEE �� '"'1'< '� NOTMY P�B��.�'�INNESOTA Notary Public � �'� � HENNEPIN COUNTY � : Jan.31,200� ��e` ` My Commission ExP�� •,,....� . • Page 6 of 6