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Home My WebLink About#3885 - permit for placement of improvements in ROW , . � �0�? � ' V O O , �=b�- I C ITY of ORONO � � �� G'�' RESOLUTION OF THE CITY COUNCIL ��kESH�4� NO. � 8 g � A RESOLUTION GRANTING A PERMIT FOR PLACEMENT OF PRIVATE IMPROVEMENTS IN THE DEDICATED RIGHT-OF-WAY `VITHIN T�lE PLAT OF PLEASANT VIEW LAKE MINNETONKA, FILE #2201 WH�REAS, Orono Municipal Zoning Code Section 10.31, Subd. 5 requires that any person altering, improving or using for private purposes any platted public right-of-way, any platted public park, or any other property by the City on Big Island, shall first obtain a permit from the City Council; and WHEREAS, S. T. Robb, Jr., o�iner of 570 Big Island (PINS # 22-117-23 31 0029); James Feiger, owner of 580 and 590 Big Island (PINS #s 22-117-23 31 0020 and 0031), and George Adams, owner of 600 Big Island (PINS # 22-117-23 31 0034), have jointly applied for a permit to place private septic system connection lines and a section of fence in the right- of-way dedicated within the plat of Pleasant View Lake Minnetonka, Big Island; and WHEREAS, the Orono Planning Commission on April 21, 1997 reviewed the permit request and recommended conditional approval. . NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby grants a permit to S. T. Robb, Jr., owner of 570 Big Island; James Feiger, owner of 580 and 590 Big Island; and George Adams, owner of 600 Big Island, for placement of private septic system connection lines and a section of fence in the right-of-way dedicated within the plat of Pleasant View Lake Minnetonka, subject to the following conditions and limitations: 1. Applicants shall locate the proposed septic tanks totally within the Robb property. 2. City staff shall approve the location and construction of the fence to be placed in the right-of-�vay. Page 1 of� 7 � o� 0 0 �b- - C ITY of ORONO � � �� t,'�' RESOLUTION OF THE CITY COUNCIL . L9kESH�4� NO. e`� c� � � 3. Applicants shall, prior to placement of improvements within the right-of-way, execute a hold harmless agreement which releases, indemnifies and holds harmless the City and the public from any and all claims or causes of action arising out of the use or alteration of the platte.: right-of-way by applicants or their invitees. 4. Approval of the shared septic system will be subject to the necessary easements/maintenance covenants for use of the shared septic system, subject to approval of City staff. 5. Applicants shall work with City staff to establish a piping design and layout that minimizes the risk of damage to the piping to be located in the right-of-way. 6. The applicants acl:nowledge that placement of septic system connection pipes �vithin the dedicated right-of-way is at their own risk. i. This permit does not grant or vest any property rights to use of the public right- of-way or other public property or in any improvements made thereto. This permit shall be valid for one year, shall be subject to change, alteration or revocation for cause by the Council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the City to the permittees at least thirty days prior to the anniversary date (the permittees need take no action for the automatic renewal to occur). 8. Authority granted by this resolution runs with the property not with the individual owners, but is permissive only and must be exercised by application for a septic system construction permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (April 28, 1998). 9. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zonin� code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of�4 7 � o� 0 0 , ,� � CITY of ORONO � � �� G'�' RESOLUTION F THE CITY COUNCIL L9kESH�4� NO. � � � � 10. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the respective properties. Adopted by the Orono City Council on this 28th day of April, 1997. A TEST: �. � . � � � � orothy allin, City Clerk Gabriel abbour, Mayo �' C.�.��-�� l _?_��-� �,;��-�� Prop y Owner(s) / , ��; . ��.,.. , ,, - / _ � - ,.� 1 — •� S�l^� � . � - .._ ��.J�'!-� �� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instnunent was acknowledged before me on this 28th day of April, 1997, by Gabriel Jabbour & 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. o � � LINO A S.VEE �2�.� � ` ��-� NpTp,pYpUBIJC-MINNESOTA Nota Public �,�,•_: HEtJNEPIN COUNTY �' �...�•° My Commission Ezpires Jan.31,2000 Page 3 of� 7 /.�, o.�l,. 0 0 �'� C ITY o� ORONO ;s_ ' � � '�' RESOLUTION OF THE CITY COUNCIL ��kESH�4�G N0. 3 � II � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��' day of /)') , 199 7 before me a Notary Public within and for said county,personally appea• d � known to me to be the person(s) descri in and wh � executed the foregoing instrument,and acknowledged that he th ed the same as his (their) free act and deed. —r�r;::� �� •.,, JAMIE l.BOSMA NOTARY PUBLIC-MINNESOU ;e' H�►�IkEPIN COUNTY (�Yiyz�.c,�/�j �-GE-- •,.... p�y Cpmmisslon Ex�s�.31.2000 NO Y PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this `� day of—�� — , 1992 before me a Notary Public within and for said county,personally appeated ��t ,�d�rrs�:��cr��Fc� known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. , ��., LINDAS.VEE ��iJ /J �� NOTARY PUBLIC-tv11NNESOTA �� ,Z�� ,�� e,*��. HENNEPIN COUNTY NOTARY PUBLIC My Commission Expires Jan.31,2000 ��i�,� STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this %�+~� day of /� ay , 199 � before me a Notary Public within and for said county,personally appeared 5 e �1 c� T, u b b ��, Q r r.'C�' known to me to be the person(s) described in and who execute the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. , ..,. LINDA S.VEE �/� NOTARY%181IC-WIINNESOTA ljyL�t�i�..i /�. �/ :e,•�: HENNEPIN COUN7Y NOTARY PUBLIC •,..•• My Commission Ezpi�s Jan.31,2000 G`.`;' .�..�.:�.> Page 4 of� 7 �o� � � � . 0 0 ,, �.b _ - I; C ITY of ORONO ,� � . ti � �� G'�'/ RESOLUTION OF THE CITY COUNCIL � p t� o ��kESH04� NO. e7 o v .� -' STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��day of , 199� before me a Notary Public within and for said county, personally appeare l iyrr�� known to me to be the person(s) described in an ' ho executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. <<- . . - -- JAMIE L.BOSMA ,i � _ NOTARY PUBIIC-MINNESOTA � - HENNEPIN COUNTY �� '•,:.••'� Mp CommisSion 6cpires Jan.31,2000 � N�}`I' Y PUBLIC r STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �7�' day of /l;'1 c� , 199 ? before me a Notary Public within and for said county, personally appear d -'� � �1�� , ��P�� er'� �yr��,'�� known to me to be the person(s) described in and who exe uted the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. °'�" LINDA S.VEE NO7ARY PUBLIC-WIINNESOTA /(,�, , °.;'��, .� M HENNEPIN COUNTY �`,L �/��'� �� y Commission Expires Jan.31,2000 G NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this .3G� day of /�l �t t , 199 7 before me a Notary Public within and for said county, personally appeare /��j�;� �. �tfo f b , �ur�, ��' known to me to be the person(s) described in and who exec ted the fore;oing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. �`o `' LINDA S.VEE // ..�ali; NOTARY PUBUC-MINNESOTA !��/n��. � v�—� "�.`�S; HENNEPIN COUNTY `'� " Mp Commission Expires Jan.31,200o NOTARY PUBLIC t�� V, Page 5 of 7 �-o � � 0 0��, �d - i�, � CITY of ORONO � ��-' RESOLUTION OF THE CITY COUNCIL ��9kESH�SL`�G NO. 3 � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �;,� day of Su n e , 199 7 before me a Notary Public within and for said county, personally appeared �c h n F I�Qbb��,r�ar�-`r � known to me to be the person(s) described in and who executed the foregoino instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. � LINDA S.VEE _ � � �� °'e` �T�HETINEPIN COUNTYSOTA �� / . �� My Commission Expires Jan.31,2000 � NO ARY PUBLIC ��=� �, STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) On this �_ day o� ��YICZ_ , 199 before me a Notary Public within and for said county, personally appeared �; j�'��'1�\��'�'� � >��'�� U Y11'Yk�Y��'� known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. ,:.,. , �:�;'�r��'•• EMILY GRUHN �; � f , NOTARY PUBLIC-AtINNESOTA �} r � My Comm.Expir�s Jan.31,2000 ��(�'�' � � ,/�(// V�(�✓�� .��. NOTARY P LIC ��lo STATE OF ) � Goa c�r�� ) ss. COUNTY O ) On this �� day of . �vi, , 199� before me a Notary Public within and for said county, personally appeared ��oe ��., � � G,�� S S ��1�rr i p known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledjed that he (they) executed the same as his (their) free act and deed. �:> �'"'1VOTAR P LIC Page 6 of 7 �O � � O O � ��e _- CITY of ORONO � � �� G'�' RESOLUTION 0 T�I C�Y COUNCIL � �3� �' �9kESH�4� N O. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199_ before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 7 of 7