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HomeMy WebLinkAbout2260 Bayview Place - Driveway Issue 2014 Mike Gaffron From: Mike Gaffron Sent: Tuesday, October 07, 2014 4:22 PM To: Soren Mattick Subject: RE: 2260 Bayview Attachments: Hillside Place Sketches and Docs.pdf; Hillside pics.pdf Soren— To start with,the code would not allow them two driveways: • Sec. 18-136.-Residential driveways,approaches and turnaround. (a)One driveway approach shall be allowed from up to two single residential parcels of land to the same road,provided that appropriate easements exist between parties sharing the driveway and driveway approach.Parcels having frontage on more than one public road shall be allowed a driveway approach to one public road. (b)Residential driveway approach shall not exceed 20 feet in width at the intersected right-of-way line. (c)The total width of driveway approaches to up to two single parcels of land from a single road shall not exceed 20 feet. (d)A curb cut shall not exceed the width of the driveway approach at the property line by more than ten feet. (e)No portion of a driveway approach,except the curb return,shall be constructed within 100 feet of a corner. (f)For residences constructed after July 25, 1986,the driveway approach and that part of the driveway and turnarounds which drain to the road shall be paved with bituminous concrete blacktop or equivalent paving. Where it has been determined by the city's public service director that driveway and/or driveway approach existing on July 25, 1986,is causing a maintenance problem on the road,including but not limited to the washing of dirt and gravel into the road,the public services director shall order that the property owner pave such portion of the driveway and/or driveway approach as is necessary to remove the maintenance problem. Portland cement concrete will only be allowed from the driveway up to the public right-of- way.This requirement shall not be construed to reduce paving otherwise required by performance standards in chapter 78 or required as a condition to the granting of a conditional use permit,lot division, subdivision or as designated in the approved site plan. (g)Driveway turnarounds shall be required on all driveways or driveway approaches entering onto a state highway,county road or collector roadway as determined in the comprehensive plan,and on all entrances to public roads within the city where deemed necessary by the public services director,based on traffic counts,sight distances,street grades and other relevant factors. If a driveway turnaround is required by the public services director,such requirement shall be stated on any permit issued by him pursuant to this article. (Code 1984, §§6.05(9), 6.06(9)) The 2260 Bayview house was built in 1978, prior to the 1986 provisions of section(f) above. It was built with the following notation on the permit: "Driveway thru Lot 36—Bayview". The house was apparently built with a two-level garage—the upper level facing west toward Bayview Place, the lower level facing east toward Hillside Place. During the 1980s it appears based on a 1989 aerial photo and from a statement in the `Agreement' that 2260 Bayview had driveway accesses to both Bayview Place and Hillside Place, but by 1994 the Hillside access was no longer being used. We don't have any record that I can find that addresses whether or when the Hillside driveway was allowed after the house was built. I also have attempted to research the city codes to determine when the limitation on the number of driveways went into effect- it was in place by 1988 but I haven't been able to determine whether it was in effect earlier. Given that the 1994 Agreement states there was no access as of 1994, re-establishment of the access any time after the Agreement would seem be in violation of the code provision limiting a property to one access, regardless of the validity of the Agreement. Ms. Block(owner of 2260)has stated to me that Greg Gappa had agreed to let her keep the driveway as long as it didn't cause any problem with the neighbors—this was 1 ,probably shortly after his 2003 letter to Block informing her to discontinue her Hillside driveway and put back the fence (Lyle had written a similar letter to Block's predecessor owner in 1998). Obviously it is now causing a problem—whether the problem is legitimate is another issue. Block indicated she needs the access because it's impossible to maneuver vehicles around the house to get to the lower garage from the Bayview side. Regarding your second question, Lyle inspected the site a few weeks ago, had gone back to re-inspect, and has just advised me that there are no storage violations on the property. Items stored I'm attaching sketches that show the location of the various properties described in the Agreement, and a copy of the Agreement. Based on the notations on the front of the Agreement, it apparently was only filed against the title of the two properties for which legal descriptions were attached, and not the 2260 property which was also affected by it. I would conclude that we likely have the ability to require the access to go away based on the Code, but we can't require the fence to be replaced because the document requiring it wasn't filed against Block's property. How do we guarantee Johnson that Block's access will be restricted without a fence or other obstruction? Do we as a City have the right to place a fence or other barrier(in the right-of-way)to limit Block's access? When Johnson claims"it's my private road"based on the Agreement, and he is required to maintain it per the Agreement, to what extent do we have an obligation to defend the provisions of the Agreement? We have a dedicated public right-of-way, not open to the public, not improved to City standards for a private or public road, containing municipal sewer lines the City maintains, subject to an Agreement for private road maintenance by two property owners who are the only ones the Agreement allows to use it. If we were to begin to maintain it, take it over as a City road, we likely would want to pave it; who pays for that? The two who have the maintenance obligation, or all who abut the street? And if we take it over, would we allow Block to have an access to it? A tangled mess, I'm afraid. Mike Michael P.Gaffron Senior Planner City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone: (952)249-4622 Fax: (952)249-4616 From: Soren Mattick [mailto:SMattick©ck-law.com] Sent: Thursday, October 02, 2014 5:34 PM To: Andrew Mack; Mike Gaffron Subject: 2260 Bayview Andrew and Mike, I had a conversation with Steve Johnson regarding the driveway. I expressed my concerns regarding the enforceability of the CUP because it had not been recorded against the existing property. Two things: 1) Is the property allowed two driveways pursuant to the City code? 2 . 2) Is the property compliant with all outdoor storage requirements? Soren 3 _IC.:\ s'\ it, ' 5 °, i <,) , 22. ( 5)c-;- -/-t-\ (.3 %LC \ �o o� 4 /� 3 ( 6) o cfl \ ,'S) (22) T _ `1/ r<7)- •,`� (&I _J 12 11 ( 23) ,� -t., S� •� \�Z( 26 so 51 , R) ( 1f` ( ! 5)\s �. 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C/11° ''' ��^///���1f/�_\'11 C Bolton&Menk,Inc-Web GIS 6/13/2014 754 AM t 1 Ul f 3 V Q )1/4-)———-------- i . \( ( i . /lc t,:p l\. D tit L'. (1, 111" un e011' r q e ‘14, ()Ikel11411A.AljP-r7.1 CI e ‘ to ---- °I':-.1.1t. 1• / . , N&rittj' s 02____— l'iN rk, f;s , , . ._,, , 0 1,01' q`b - -Z v-1 .4iiims Illri tllIl- 'I 33 � ' 'S -' ‘, \I 3'? N A-V rz kW' oz._ AA,4 A- S Or 1 qg q A-642,cJAu-6("cr sus � A pr��va�r� �-(II ��e P leasGti tArte-t eThe 3300 to Agr,e1—. 1.1-14 01,--) flk LA-4;4 b6 Pum-4-` ` <A"�ca)---- 7- 114' vs 33a-0 9A�--c_ I .444,,•-:•••,..?.. ''''.. fir „4,, ,_. • q M_hJt:...la PERMIT N� 3'738 i B-a ,q.,' j .'� ,,,fir uiIdl�t ..' Pelt DATE ISSUED T "'is ..:7 AND APPLICATION FOR CERTIFICATE OF OCCUPANCY • EXPIRES • •'�: • SITE ADDRESS d /� 0 et,..) 'i AA_ r = P.O.-BOX'et:CRYSTAL BAY, MN 55323 473.735 / • • ZONING DISTRICT . •�_ %f. • LEGAL DESCRIPTIO�j•PROP.ID. ;. / v LOT r360".37�7�S0BLOCK SUBDIVISIO /7:77/•� �i�i�1 "• ,FIRE ZONE ; ' , •WN R (Name) (Address) (Phone, 4 VAR DATE:;. . ♦ P i,�' 00 e i • /..,f'` /. ARCH',T/ENG 'EER—Must Certify Multi.Family,Commercial& Industrial ConstructlonPtans :COND.USE DATE'- ERT.NO. Firn1) (Address) (Phone) LOT Ci 40 ' / r.4jaMil BUILDER (Firm) (Address) (Phone) L 1. � � .PROPOSED SETBACKS TYPE OF WORK dap Addition Remodel Renovate ' L.SIDE '. , , :)::.?" _'.a: ' i : EST CONST.VALUATION }c•r . • CONST.TYPE BLDG.SIZE LAKE WETLANDS ' ' . y W3/ Fit„//) :ACCESS RESIDENTIA I STORIES 0 1 3 - PERMIT Ff,,gS , • T. �.._'.:. - BLDG.PERMIT • 7:Q.C'"• �t ''EXISTING DWELL. / BDRMS/F •tit .;A ••APPROV.DATE UNITS / STATE FEE 62.5:.D 0 ' f..41,01.41‘.4.04;•:--j• ,. :r''.- GAR.STALLS APPTIc PLAN REVIEW..• " } : J APP,DATE 1 vet-L/4/y-,..?/ COUNTY' `' ' DOCK � ,, y i+,•.:-,.x__.f•, . :. PARK FEE 3da P.D O NON•RESID, PROPOSED USE STATE '<.. SAC CHARGE / 1.'0'0.. ,: • xPR::EASEMENT., occ. fir .r11 ' � .. CLASS. ti,,. STORIES COUNCIL TOTAL DUE , I31 "�� `i {,' :41::?:?ii APP.DATE • E • t•MRMARKS .;".;.. t EvvaC( AYu Lo y` 3� • �U eU. . . • y t INSPECTIIDNREQUIRED WORK REQUIRING ACKNOWLEDGEMENT �ct; � Y ,,; .',.-:'.,' SEPARATE PERMITS • k ° FOOTING beforepour '.• THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE a'' 'FRAMING rough-in: : '''�'' ''';� �INSULATION'' •' PLUMBING THE REAL IMPROVEMENTS .SPECIFIED.,'AND DECLARES ...;;;76 ". '`''.111p4LLBOARDBeforeTaping MECHANICAL _ UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT- i •f' ' WELL ANCE OF ALL INFORMATION, CONOITI' S AND REQUIRE- . :.'".' : .':FiN ALbef Orioccrlp'rlCv'• 't wil n x2vt.4. . .. y ;i.::...:.. .. ..6.,,».., SEPTIC MENTS REPRESENTED ON THIS DOCUMENT..THE UNDER- }e lriRK INePE OR WITHOUT A RE- SEWER SIGNED FURTHER AGREES TO DO ALL WORKS IN STRICT COM- r' ACUIRED'INE!ECTION WILL BE SUB- WATER JECT'TO PENALTY PLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE GRADING&FILLING `:;INSPECTION HOURS'.'473-7367 OF MINNESOTA BUILDING CODE REQUIREMENTS. . o"'CALL S;12 A.M.INSP.1-4 P.M. r. t•CALL 1.• 4 P.M.INSP.NEXT DAY ELECTRICAL from Scale . a -. Signature • Date• „ COPY WHITE-FIt4E GREEN—FINANCE / � ti a^ CANARY-INSPECTOR' ' GOLD-RECEIPT / /I 4 ��: MNK'=ASSESSOR Approved w/ �� City of Orono ': ..l 3 r :Iia.. .... .. ..., � ., ',ice' T,h ...: - ..:.. • . .. `. :1-• - (94ID PRIOR TSS PAID T.-ekgs67p - TAXPAYER 6ERV Ot8 AND PRIOR TARES PAM TRANSFER'i=4d R � ' TAXPAYEF1 SERVICES TRANSFER ENTERED • AGREEMENT te, . NI Tv_ • •r�eri .EPUTy S - ' AGREEMENT is made a cdve.as df 64her a 2 , 1994,by and between 0 Jacquelyn/11.Segner, single C'Segner")and Charalanipos Marines and Linda N.M , atinos husband and wife(collectively, "Marinas"), and the City of Orono,a Minnesota municipal,... corporation.("City"). . o • l EZTALS: •• . • A. Segner is the,•ownnr of real property,located at 3286 Navarre Lane (the "3285 __ -- ' Parcel")dnd =IV Bayriew Place (the "2260 Parcel")and 3300 Navarra Lane (the"3300 Parcel"),all iti to city of Orono,Minnesota and legally described on Exhibit"A" attached ,T\ hereto and made a part hereof(collectively,the "Segner Property"); `—_''....- pa : $, Merinos is the owner of real property located at 3290 Navarre Lane (the "3290 ► 1 Pagel"),in the City of Orono,Minnesota and legally described on Exhibit"B" attached &,%, \ hereto and made a part hereof(the "Merinos Property"); . 2 C. Hillside Place is an undeveloped public road right-of-way dedicated ori tine plat of"Wallace's Addition to the Village of Minnetonka Beach",Hennepin County, Minnesota„ 1 l which has not been opened by the City for public travel.in Luer it hes a substandard road tight-of-way width of 25 feet; l� D. The City has maintained municipal sanitary sewer lines and manholes within N Hillside Place since 1965, and has maintained the capability for vehicular travel on Hillside Place only to the extent necessary to maintain the sewer system; • N E, City Municipal Code ("Code"), Sections 6.05, Subdivision 9 and 6.06,... Subdivision 9 provide.standards for placement, design and construction of residential driveways accessing onto public and private roads. ta two sio Those sections state as followst "A. One residential parcels of land to the driveway approach shall be allowed from up8 same public (or private) road provided that appropriate easements exist between parties sharing the driveway and driveway approach. Parcels having frontage on mora than one public (private) road shall be allowed a driveway approach to one public(or private)road"; F. The 2260 Parcel and the 3300 Parcel have previously utilized a private drive within Hillside Place.- There is no current use of Hillside Place by the owner of the 2260 . Parcel and the 3300 )'aroei; . • CI. Segner and Marines have requested the City to approve a private drive within Hillside Place to allow access to the 3286 Parcel and the 3290 Parcel,and they los approved such request provided Segner and Merinos enter into this Agreement; - • ,2o5942210r2094 • - - . f • • 7' NOW,THEREFORE,In consideration of the City allowing the private drive servicing the 3286 Parcel and the 3290 Marcel to be located in Hillside Place and the mutual benefrts to be derived therefrom,Segner and Merinos agree as follows: AGENTS: • . 1. The foregoing recitals are incorporated as part of this Agree:neat. 2. Ail use of Hillside Place for access purposes to and from the 2260 Parcel and • the 3300 Parcel shall be discontinued immediately upon execution of this Agreement. 3. Segner shall immediately Construct,at her sole expense, a permanent fence - .. ' along the entire easterly boundary of the 2260 Parcel and the 3300 Parcel abutting Hillside Place, Said fence shall at a minimum be 36" in height with'two 2"X4"rails at approximately 18" and 36" above grade,with 4"X4"posts spaced 8' apart. No gate for vehicular access to Hillside Place shall he installed.as part of such fence. 4. Segner shall immediately and exclusively utfli»ze the existing driveway from the 2260 Parcel to Bayview Place for access to and from the 2260 Parcel. 5. Segner shall immediately construct at her sole expense,a new driveway access to Navarre Lane to service the 3300 Parcel, and shall thereafter exclusively utilize sack new driveway access to and from Navarre Lane to the 3300 Parcel 6. Segner and Merinos agree that only the owners of the 3236 Parcel and the 3290 Parcel, and their respective invitees, shall be allowed to utilize that portion of Hillside Place legally described on Exhibit "C" attached hereto and made,a part hereof(the'Private • Drive")for private driveway purposes as allowed by the City's Crick Section 15.06, Subdivision 9, except that incidental use of said tight-of-way by public and%or private emergency vehicles, school buses and the public for access to adjoining properties or other Incidental travel shall be permitted. 7. .Merinos and Segner hereby agree; -• • .. (a) The Private Drive shall be constn cted and maintained at Segner and 'Marines sole expense itt accordance with all applicable City Code . requirements;and (b) Immediately upon notice to Marinas and Segner that the City desires to open Hillside Place for public travel,Merinos and Segner shall,at their sole expense,immediately remove the Private Drive and restore Hillside Place to grad .. • /2m0594221V 2654 • • _ . . • 8. Segner and Marines hereby indemnify and hold the City harmless from any and all claims,causes of action,)1abz'iities,damages or other losses (including attorneys' fees and costs incur ed by City in contention therewith or in enforcement of this Agreement) • sustained or incurred by reason of use of the Private Drive by Segner and Merinos,and their . respective invitees, successors or assigns. 9. City shall honor any request of the owners of the 3286 Parcel and the 3290 Parcel to post Hillside Piece with"No Parking"signs and subject Hillside Place to enforcement of same by the.City's Police Department - 10. This Agreement gha t1 run with the land,shall be binding upon Segner and -- •• - • Marines,their respective successors and assigns, and may be enforced by the City at law or at equity. 11. Any fume use of H1i1eide PIace by, an owner of the 2260 Parcel or the 3300 Parcel shall constitute a violation of this Agreement and of Municipal Code Section 6.05, Subdivision 2, and shall constitute a misdemeanor. This paragraph does not apply to Segner, her successors or assigns,as the owner of the 3286.Parcel 12. This Agreement may be amended or terminated only by a recordable,written agreement between the parties hereto, their successors and assigns,which shall be flied in the office of the Hennepin County Registrar of Title against the Segner Property and Merinos Property. Circumstances arising which may require amendment or termination of this Agreement, include but are not limited to, the City's approval of an alternate access'for either the 3286 Parcel or the 3290 Parcel to an opened public roadway other than Hillside Place or changes in City Code provisions. Notwithstanding anything contained in this • paragraph,the amendment or termination of this Agreement and any requirements contemplated by any such amendment or termination,must be approved by the City and meet all applicable City Code provisions. • IN WITNESS WHEREOF,Segner,Marines and City have made and entered into this Agreement effective as of C Jall bec' 1994. e 91t1)62-ra— • � �Se Char ampcs os 64441/itiAiAt.f>44) • Linda N.Merinos • • ,22D$0.02 1&WM .. 1 S CITY OF ORONO �' i/ � A$y , .,_ , \t:s :Li-A-Y•,AIIII • �; ' `Y� By , . Its 1a1111. ._it. _ - STATE OF MINNESOTA ) • )ss. ------- .. -COUNTY.OF Ikn_nep a .) . ' .. . ... The foregoing instillment was acknowledged before me t 1so7P* day of bre. , 1994,by 1ACQUELXNN I.SEGNER,single. . CAROL ENE I MA9auAN ImilsITA et ` � -- • ''-' my H " "WASS 84698 Notary Public STATE OF MINNESOTA. ) ) ss. . COUNTY OF tern n .pin ) The foregoing instrument was acknowledged before me this qday pr ®C dhel" .1994,by CHARALAMPOS MARINOS and LINDA N. MARINOS, husband and wife. tit ._ Ileitis's'.VL'Ecomp( C�� f�• :t�'�"V l YAINt1E90TA • . 3i- My 0".01611°11 e:3r11&12-69 Notary Public STATE QF MINNESOTA ) ss. COUNTY OF limn r fai/, ) . . - ' - The foregoing instrument was acknowledged beforeme this gay of be.- , 1994,by Ec[wer -T.°� eta4•,„,(a.and atarh4y Ie i/,., the Mir yar and n if W e de.. , respectively,of the CITY'OF ORONO, a Minnesota municipal corporation, on behalf of the corporation. � • oAROL&A.eases (1(?90-t..c.J(./: 1/14 4.#W-0...J • ":_ VINI Notary Public • ;L::4:'.- yc:'.- w mamma awns:alae ' ~ten MA,#1,147", w • ate•+ • TfiIS INSTRUMENT WAS DRAFTED BY:• • POPBA .HA, SCIiNOBR1CH&KAUFMAN,LTD. 3300 Piper Jerzy Tower 222 Santh Ninth Street Minneapolis,Mit 55402' • (612)333-4800 CLB • • • • • • .. ...... ...- ............ . .. ... ». ...rem ......_._...... ....... 4 ' • . ,• • • EXa7BIT"A" SEGNER PROPERTY • • Those parts ofLots 44 and 45,"WALLACE'S ADDITION TO"ESTE VILLAGE OF MINNETONKA BEACEY which lie northerly of a line and its extensions;said line being drawn from a point on the Northeasterly line of said lots distant 100,:00 feet southeastierly from the most Northerly corner*of • said Lot 44 to a point on the Southwesterly line of said Lot 44'distant 116.00 feet southeasterly from the most Westerly corner of said Lot 44: r' • ., ... •� , . ' EXIOBTJC IIB$ IMIARTNOS PROPLRTY - 'Xhosa-parts of Lots 44, 45, 46 and 47, "WALLACE'S ADDITION TO TI3E VILLAGE OF MfNNETONKA BEACH' which lie southerly of a line and its extensions; said line being drawn from a point on the Northeasterly line of said lots distant 100.00 feet southeasterly from the most Northerly corner of said Lot 44 to a point on the southwesterly line of said Lot 44 distant 116.00 feet southeasterly from the most Westerly corner of said Lot 44. . , 1 . • Icactarr"c ` .. • • • . . PRIVATE DRIVE . •. T . . • • The westerly 15 ftet of Hillside Piaci,an=developed public road right-of-way,dedicated on the plat of" VA'LIAC:ES ADDMON TO THE VILLAGE OF NIIIINETON $> $ p.* Vc114 . CouncY.Minnesota. • • . . . : it, . . . ,...,Nt 4 J .. . . ,.... % .C.95,, g . . (L n MC' '' 1 il ti-§ 4,6., i 1..... . 1 9 . . . t . %. 1• +' . T' t a X }, t� 0 1 t e . t'-'1/4 ■ - n / . f; T + , • 1 • ' .� -.-\,Vo' e - ��+ , s, - � Yh a ,, ASO - i * . ''. 4 1c*"'\'':-./..--';. 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'•,. v. . , „4.• Ifr, .. . ... .c. ..,. ..,„„. u'l ", - ',- \' „t ' , .• .1 0 -"`,•,-_ .... • la .;'' iii / , •.:;`, '. , • y •.-. ' 1 i'. -' , 1– . 4-2 4._• • r :,' —'i.- .. k ' .• '••• .!f ''', • ' • •••'ff-tt.'' 4 o " ' .1A• F., ;,f:,.. : ' 'i.''..: ' \- - F 01 C' . (,-, , . , . ,,,, -. . I- C " • • .... - . • ' . .... . I I 1 6C. , '•!:' . ' ".':1 . , ');4' ""' . ;' -..•'''.•- - o -0 • 1--it-.,41:r /4' 2:7•::‘,.''' , 1,^ el' - ' ' ' ••• to.' • r'•• ...z p --.;‘,.-4•14-Yr-`•, t 1 i .!,11. ai • , _•,.... ‘,.... . • ......_ 4.ir,i I-I ti;l 'RI -- e; " •mt..: 1. '; . ... . *r a C ' /AOC) ,.-.•'• , N 0 .• . ;... . • .. • . . z A _ To 42•'-' ..... . , . ; - •-, .' . . ..... ,...,. . t . —— Mike Gaffron From: Soren Mattick [SMattick©ck-law.com] Sent: Thursday, October 02, 2014 5:34 PM To: Andrew Mack; Mike Gaffron Subject: 2260 Bayview Andrew and Mike, I had a conversation with Steve Johnson regarding the driveway. I expressed my concerns regarding the enforceability of the CUP because it had not been recorded against the existing property. Two things: 1) Is the property allowed two driveways pursuant to the City code? 2) Is the property compliant with all outdoor storage requirements? Soren 1 ' AND PRIOR TAXES PAID wr-�.�_ - -.._ - TAXPAYER SERVICES t✓`� �Q TRANSFER E..NTERF,s' AND PRIOR TAXES PAID •• , •'V9S3 �?` ' TAXPAYER SERVICES - , • TRANSFER ENTERED 27i�' NOV 23 1884 AGREEMENT HE;:, P ? '� ,min. •ill Ii won( `I -.I 1 MitPUTY / -9 • _ TI-3i AGREEMENT is made effecdve.as of Ober a 7 , 1994,by and between Jacquelynn 7.Segner, single CSegner") and Charalampos Merinos and Linda N. Merinos, 0 husband and wife (collectively, "Marines"), and the City of Orono, a Minnesota municipal corporation("City"). 9 o . RECITALS: • - A. Segner is the,owner of real property;located at 3286 Navarre Lane (the "3286 Parcel") And 2260 Bayview Place (the "2260 Parcel")and 3300 Navarre Lane (the "3300 • 1/2- Parcel"),alliin the City of Orono, Minnesota and legally described on Exhibit "A" attached Nhereto and made a part hereof(collectively, the "Segner Property"); '---�` pO : B. Merinos is the owner of real property located at 3290 Navarre Lane (the "3290 o Parcel"),in the City of Orono,Minnesota and legally described on Exhibit"B" attached \ hereto and made a part hereof(the "Merinos Property"); cz...---. " C. Hillside Place is an undeveloped public road right-of-way dedicated on•the plat r) b of"Wallace's Addition to the Village of Minnetonka Beach", Hennepin County, Minnesota, 1 E which has not been opened by the City for public travel,in that it has a substandard road right-of-way width of 25 feet; M D. The City has maintained municipal sanitary sewer lines and manholes within N Hillside Place since 1965, and has maintained the capability for vehicular travel on Hillside s . Place only to the extent necessary to maintain the sewer system: N E. City Municipal Code ("Code"), Sections 6.05, Subdivision 9 and 6.06,. Subdivision 9 provide-standards for placement, design and construction of residential driveways accessing onto public and private roads. Those sections state as follows: "A. One driveway approach shall be allowed from up to two single residential parcels of land to the same public (or private) road provided that appropriate easements exist between parties sharing the driveway and driveway approach. Parcels having frontage on more than one public (private) road shall be allowed a driveway approach to one public (or private) road"; F. The 2260 Parcel and the 3300 Parcel have previously utilized a private drive within Nilside Piece, - There is no current use of Hillside Place by the owner of the 2260 Parcel and the 3300 Parcel; G. Segner and Marinas have requested the City to approve a private drive within Hillside Place to allow access to the 3286 Parcel and the 3290 Parcel, and the city Ids approved such request provided Segner and Marinas enter into this Agreement; - =.05942210a6194 • - - - , •7• NOW,THEREFORE,in consideration of the City allowing the private drive servicing the 3286 Parcel and the 3290 Parcel to be located in inside Place and the mutual benefits to be riprived therefrom, Segner and Merinos agree as follows: AGREEMENTS: 1. The foregoing recitals are incorporated as part of this Agreement. 2. All use of Hillside Place for access purposes to and from the 2260 Parcel and the 3300 Parcel shall be discontinued immediately upon execution of this Agreement. 3. Segner shall immediately construct,at her sole expense, a permanent fence - -. along the entire easteriy boundary of the 2260 Parcel and the 3300 Parcel abetting Hillside Place, Said fence shall at a minimum be 36" in height with two 2"X4" rails at approximately 18" and 36" above grade,with 4"X4" posts spaced 8' apart. No gate for vehicular access to Hillside Place shall be installed.as part of such fence. 4. Segner shall immediately and exclusively ntilire the existing driveway from the 2260 Parcel to Bayview Place for access to and from the 2260 Parcel. . S. Segner shall immediately construct at her sole expense, a new driveway access to Navarre Lane to service the 3300 Parcel, and shall thereafter exclusively utilize such new j driveway access to and from Navarre Lane to the 3300 ParceL L 6. Segner and Marinas agree that only the owners of the 3286 Parcel and the 3290 Parcel, and their respective invitees, shall be allowed to utilize that portion of Hillside Place legally described on Exhibit "C" attached hereto and made a part hereof(the"Private Drive")for private driveway purpose's as allowed by the City's Code Section 6.06, cee., Subdivision 9, except that incidental use of said right-of-way by public and/or private emergency vehicles, school buses and the public for access to adjoining properties or other incidental travel shall be permitted. 7. 1vfarinos and Segner hereby agree: - . (a) The Private Drive shall be constructed and maintained at Segner and 'Marinas sole expense in accordance with all applicable City Code requirements;and (b) Immediately upon notice to Merinos and Segner that the City desires to open Hillside Place for public travel,Merinos and Segner shall, at their sole expense, immediately remove the Private Drive and restore Hillside Place to grade. 12205942210/264 8, Segner and Marinas hereby indemnify and hold the City harmless from any and all claims, causes of action, liabilities, damages or other losses (including attorneys' fees and costs incurred by City in connection therewith or in enforcement of this Agreement) sustained or incurred by reason of use of the Private Drive by Segner and Merinos, and their respective invitees, successors or assigns. 9. City shall honor any request of the owners of the 3286 Parcel and the 3290 Parcel to post Hillside PIece with "No Parking" signs and subject T Ulside Place to enforcement of same by the City's Police Department • 10. This Agreement shall run with the land,shall be binding upon Segner and - -- - - • Merinos,their respective successors and assigns, and may be enforced by the City at law or at equity. 11. Any future use of Hillside Place by an owner of the 2260 Parcel or the 3300 Parcel shall constitute a violation of this Agreement and of Municipal Code Section 6.05, Subdivision 2, and shall constitute a misdemeanor. This paragraph does not apply to Segner, her successors or assigns,as the owner of the 3286.ParceL 12. This Agreement may be amended or terminated only by a recordable, written agreement between the parties hereto, their successors and assigns,which shall be filed in the office of the Hennepin County Registrar of Title against the Segner Property and Merinos Property. Circumstances arising which may require amendment or termination of this Agreement, include but are not limited to, the City's approval of an alternate access for . either the 3286 Parcel or the 3290 Parcel to an opened public roadway other than Hillside Place or changes in City Code provisions. Notwithstanding anything contained in this paragraph,the amendment or termination of this Agreement and any requirements contemplated by any such amendment or termination,must be approved by the City and meet all applicable City Code provisions. SN WITNESS WHEREOF,Segner, Marinas and City have made and entered into this Agreement effective as of ©S/-o Ag r' a 7 , 1994. J. cruel J. Se_../ Ch pos Marinas -‘4,41/6(litiAZI)41-) •Linda N.Marinol • 2ofo422 1 wed 94 S ' CITY OF ORONO By _ By A• Its I !_ - L. STATE OF MINNESOTA ) /� ) ss- --• .- COU TY OF liferm�P:a .) The foregoing instrument was acknowledged before me this0day of b rr , 1994, by JACQUELYNN 1. SEGNER,single. HA ICcouN (10/6.--,4 &NOTARY PUBL ) -/,G/l2./.„J Pl HENNEPIN COUNTY :_, NY coLunsslmt EXP VIES Bass Notary Public STATE OF MINNESOTA. ) ) ss. COUNTY OF Hen npep:n ) • The foregoing instrument was acknowledged before me this7741 day of eio6ct- , 1994,by CBARALAMPOS IvIARINOS and LINDA N. MARtNOS, husband and wife. - LINDA S. VEE411:1-4("1. +li� NOTARY PUBLIC-Iv11NNEsora NENidEPIN �res 812-ss my rn+ Notary Public STATE OF MINNMSOTA ) - ) ss. COUNTY OF 4.rp; ) . . - • V The foregoing instrument was acknowledged before•me this 2liday of f'd h rr , 1994,by . • . , r, • ^�.and � l>^e-/L- Do re-Hy k LIQ/l; the r y�r y , respectively,of the CITY OF ORONO, a Minnesota municipal corporation,on behalf of the corporation. cAno>F w Hns 03. (lai"0- c /](.l NOTUNY PU .> Notary Public 'i�,+� aarrl�atnl Gwyn, ~win,401.1¶it IctO • • THIS IDISZRUMENT WAS DRAFTED BY: POPHAM,HAIK, SCHNOBRICH&KAUFMAN,LTD. 3300 Piper Jaffray Tower 222 South Ninth Street Minneapolis,MN 55402' (612) 333-4800 CLB • • • • • • • • . • EXHIBIT "A" SEGNER PROPERTY _ . Those parts ofLots 44 and 45,"WALLACE'S ADDITION TO THE VILLAGE OF MJNNEJ'ONKA BEACH"which lie northerly of a line and its extensions;said line being drawn from a point on the Northeasterly line of said lots distant 100.00 feet southeasterly from the most Northerly corner.of said Lot 44 to a point on the Southwesterly line of said Lot 44'distant 116.00 feet southeasterly from the most Westerly corner of said Lot 44. • • . EXAE3IT "B'T MARL-NOS PROPERTY _ Those•parts of Lots 44, 45, 46 and 47, "WALLACE'S ADDITION TO TBE VILLAGE OF MINNETONKA BEACH" which lie southerly of a line and its extensions; said line being drawn from a point on the Northeasterly line of said lots distant 100.00 feet southeasterly from the most Northerly corner of said Lot 44 to a point on the southwesterly line of said Lot 44 distant 116.00 feet southeasterly from the most Westerly corner of said Lot 44. • y • . • ' ERBIBIT"C" ' - PRIVATE DRIVE • - . . The westerly 15 feet of Hillside Place, an undeveloped public road right-of-way,dedicated on the plat of"WALLACE'S ADDITION TO THE VILLAGE OF MINNETONX A BFA,, I Hennepin County,Nfinnesota. . ... • • • • • • • • • • .. al '01 ...., S!? o. $ Q U (`IN U.a aNA mz a Les O , Cc 1 i IP 1 I CZ CCwth' V2 aU. Z U Z161 y _ 18F3fl x :?ABY S 4X4 , • Certificate of Title *See notice of Correction(1) Certificate Number:1062339 Created by Document Number: 3370065 Transfer From Certificate Number: 1056697 Originally registered August 18, 1970 Volume:1511,Certificate No:456316,District Court No: 16374 State of Minnesota County of Hennepin ss. Registration This is to certify that Chris P Block and Courtney R Block,whose address is 2260 Bayview Place,Orono,Minnesota,55391,married to each other, as joint tenants, are now the owners of an estate in fee simple In the following described land situated in the County of Hennepin and State of Minnesota: Lots 36,37,48,49 and 50, "Wallace's Addition To The Village Of Minnetonka Beach". Subject to the interests shown by the following memorials and to the following rights or encumbrances set forth in Minnesota statutes chapter 508,namely: 1. Liens,claims,or rights arising under the laws or the Constitution of the United States,which the statutes of this state cannot require to appear of record; 2. Any real property tax or special assessment; 3. Any lease for a period not exceeding three years,when there is actual occupation of the premises under the lease; 4. All rights In public highways upon the land; 5. Such right of appeal or right to appear and contest the application as is allowed by law; 6. The rights of any person In possession under deed or contract for deed from the owner of the certificate of title; 7. Any outstanding mechanics lien rights which may exist under sections 514.01 to 514.17. Memorials Document Date of Filing Number Document Type Month Day,Year Time Amount($) Running in Favor Of Quality Mortgage USA,Inc. (a CA corp) 2608950 Mortgage May 17, 1995 3:00 PM $180,400.00 16800 Aston St. Irvine,CA On Lts 36,37,49,&50 Bankers Trust Company,As Trustee for Holders of DLJ Mortgage 2608951 Assignment of May 17,1995 3:00 PM Acceptance Corp.,Mortgage Pass-Through Certificates, Mortgage 16800 Aston St. Irvine,CA Assigns Doc No 2608950 Bankers Trust Company,as Trustee for Holders of DLJ Mortgage Assignment of Acceptance Corp.,Mortgage Pass-Through Certificates(a CA corp), 2620616 Mortgage Jul 11,1995 1:00 PM 16800 Aston St.,Irvine,CA Given to correct Asst of Mtge Doc No 2608951. Entered Oct 13 1995 Notice of The Public&Lawrence A.Wilford,James A.Geske and Leonard, Pendency and 2626500 Aug 4,1995 11:00 AM O'Brien,Wilford,Spencer&Gale,Ltd. Power of Attorney Re Mtge Doc No 2608950 to Foreclose 2721692 Limited Power of Jul 8,1996 5:00 PM Calmco,Incorporated from Bankers Trust Company,as Trustee Attorney Notice of The Public 2721693 Pendency and Jul 8,1996 5:00 PM Lawrence A.Wilford,James A.Geske,and Leonard, O'Brien,Wilford, Power of Attorney Spencer&Gale,Ltd. to Foreclose Re Mtge Doc No 2608950 Notice of The Public, Lawrence A.Wilford&James A.Geske&Leonard, 2787641 Pendency and Feb 19, 1997 11:00 AM O'Brien,Wilford,Spencer&Gale,Ltd. Power of Attorney Re Mtge Doc No 2608950 to Foreclose Certificate Number: 1062339 This is a non-certified copy Page 1 of 2 • ,.• ::k :47259..; • Memorials Document Date of Filing Number Document Type Month Day,Year Time Amount($) Running in Favor Of 2812307 Mortgage May 21, 1997 1:00 PM $265,118.87 Ford Consumer Finance Industrial Loan Co (a NY corp) St.Louis Park,MN Consolidating Norwest Bank Minnesota North,National Association 3310139 Change of Name Aug 28,2000 1:00 PM and Norwest Bank Minnesota South,National Association and Norwest Bank Minnesota,National Association into Wells Fargo Bank Minnesota,National Association Correcting fee owner to: Chris P.Block and Courtney R.Block,as joint tenants,each of the age 2907367 Correction Mar 22,2001 9:00 AM of 18 years or older,are married to each other and under no legal incapacity. Notation entered 4-30-2001 Norwest Mortgage,Inc.,(a CA corp) 3371405 Mortgage Mar 23,2001 4:30 PM $154,000.00 P.O. Box 5137 City of Des Moines,State of Iowa 3401046 Mortgage Jun 19,2001 11:00 AM $172,000.00 Wells Fargo Home Mortgage,Inc.,(a CA corp),P.O.Box 5137,City of Des Moines,State of Iowa 3401047 Mortgage Jun 19,2001 11:00 AM $10,000.00 Wells Fargo Bank Minnesota,National Association,City of Richfield, State of Minnesota Satisfaction of 3412166 Mortgage Jul 20,2001 4:00 PM Satisfies document no(s).3371405.0 Wells Fargo Bank Minnesota,National Association 3422600 Mortgage Aug 15,2001 4:00 PM $10,000.00 City of Richfield,State of Minnesota Made Chris P.Block and Courtney R.Block hus&wf 3870553 Satisfaction of Nov 5,2003 10:00 AM Satisfies document no(s).3422600.0 Mortgage Certificate of 3884564 Release of Dec 1,2003 3:00 PM Satisfies document no 3422600. Mortgage 3884565 Mortgage Dec 1,2003 3:00 PM $171,500.00 Wells Fargo Home Mortgage,Inc.,(A CA corp),P.O.Box 10304,City of Des Moines,State of Iowa 3884566 Subordination Dec 1,2003 3:00 PM Wells Fargo Bank Minnesota,NA.subordinates Mtge Doc No 3401047 to Mtge Doc No 3884565.(See Inst) 3895930 Satisfaction of Dec 19,2003 9:00 AM Satisfies document no(s).3401046.0 Mortgage Certificate of 3988105 Release of Jul 9,2004 2:00 PM Satisfies Mtge Doc No.3401046. Mortgage 4122401 Mortgage Jun 8,2005 2:00 PM $35,001.00 Wells Fargo Bank,N.A.,P.O.Box 31557,City of Billings,State of Montana 4785420 Satisfaction of Sep 3,2010 12:00 PM Satisfies Mtge.Doc.No.3422600 Mortgage Indexes Verified through 8/27/2014 �"" IN WITNESS WHEREOF, I have hereunto subscribed myname 9 `ytR oFrsr' and affixed the seal of my office this 20th day of March, 2001. * _ *= Michael H. Cunniff - .,-` Registrar of Titles, �°°'"`•' In and for the County of Hennepin and State of Minnesota. Certificate Number: 1062339 This is a non-certified copy Page 2 of 2 • ,Jul-07-CO 01:12Fe Fror4E111 CO L. 'F TITLES +1121411172 T•127 1.I1/11 F4U Certificate of Title Certificate Number. 854460 Transfer From Certikata Number, 824277. Coginalty registered the 16th day of August,1970. Book 1611 Page:458316 Dial.Court No.'16774 State of Minnesota } ee. FtE049TRAT1oN county of Ffenneeln nes is to Duey OW Matthew Etrossaau,1035 21st Avenue Southeast,qty of Mlnnespo6s•State of Minnesota Is no the owner of en estate In lee simple In the*Acmes e•sonb.a land ghosted In the COunb ar •`f 'r»p• P.' towtc Lot 38,37,48,40 and 60, "Wauace's Adp��aY • 3un}rs to the intwmts down try O • . • • . - eat tom In Minnesota as UM chapter toe, namely: �. •- .• :a •• 1.lien..HsI...4.r atplya a l Ina uradar b .4 :41oft. - �' w hd..of 1Mb Atha.cannot repose to appear Of Mont 7. 2.Are a..II P..***r .p.ew .'.i�; . �.,� '~' rte ofu..'...nr. e.seed« s.MY Into WA P11109 C �• .'..r.."-;. •;7 • ow ismer; 4.Ae,i t,ts In ambito tttale..y. + I` . a,lush right of appeal orItlilM acts-•y.,..::7. ..� < _ The VA,of.ray Person IA under r.�.. W. . of a Ilia 7.Any uutaandies ne etri,'iw Imo • . �..r •, _"••• .'ti• •15(12.•• of epe^�i •. That Matthew Brosseau is 18 years ity, `>' - Goraeee aet Dseaet tatdwgbeellon Nla*.r 1}P. atonal Day.Ter ltah. Mou.d f6) Running In Peeor of bias .1a!(4erMle Pee 3e 112E2171l0 PN 11101.16 Mr.p�` t6aEm,klte.ern 1404ORA.Int:. 30 210010a Mortgage � as 17,1a 03:00 PM 100A00.00 ieee6hMielpape IMA.Ina ale et a a CA cep DR u31,V.V.a so 2e0e9e1'742elasnad of May 17,1 800 ohm PM Rases Timi tmrwy.netnnew for rl•^ •• a.oMery S010• e°41•100411•00 P1M-711051h Cenfileetee,11500MM6t Irvin,CA ff92R0910 A..ainmeae of AI 11,Ia.e 0100 PM DT:acaee990o for poe M10asa AaaPtt,w tr Partealetesop�1e0►A isstee a�CA OWL OO PAM IL.Iran,C�bca(ed.aitofMee.DeeNe,51. fidsr.d Oat tr MOM 2628500 Koko.of Atm O4,ioe611:o0AM ThhaPure:karma*A., Waled,Jwne..A.O.otaend I..,aaad.O•Bien, a(Po..r dim Re�Mme P e Pm or s2 lases0 0. 27211017 - of Jul oaimeos:e0 PM Datum.ammpsaMd Wen gaeaa.TweeComwey.les lhnl*e Afly 2T21011 aaa6oe Of Jul WO ma=CM PMPendency a Yrs Ph+bllc TParar a LW Is Weft.,ar hl Leonard,Ce fest WIraO, Power Q b cerci.. as• 40 . =EMIT A Page 1 of 2 9 d I1,51,50I96t ,ON/ E1 'ZS/88:2.I 00 ,8 'Z I Ad) N08d a a- • ,Jul-0T-00 01:t2at Fran-OM CO.. 'IF TITLES 1G 23483iT2 1.11'' P.0(1/01 F-4011 oe0Ia11ant t)Oganar* DIN of kapJennBon Mamba, Tyra Mona Doy,Your Thew Amount t9) Running o,FA war d - 2787815 *dm of ^Feb IS,Innt 11:00 AM The Poblioo, Lower=A.Wilford 4-Woo$A.Geste a LeOrrd.0.6Mo, Power to Re Won Doo NMkt Oping rro 20naNSO Picks 2612507 *b ago ' May 21,1191 01:o0 PM 29b,i16,6T Fare CarsanW Firma bed111Na1 Lnao 03 (..1n'carp) a taut Ps&MN 3CO3e*a MOMS, Aar 14.119/0tCE'PM 020.000.00 *AY Cslswy Marlow Cwpow00n,4 01 owe) MOO nn Katlnd &k' a.f ( Wa • f,t._::r..: 11138401 A.dyrlrrt d MQ 241.1400 .•00.1400 03PM amt Unit/meekr Tanks kelt he AMRESCO r2.sidara61 140110039 IlArolupago Loon Tort da AMIN Na.lamatai Mo0034 1 o •Coon'ono . 1at7W Asko Most dWMnt.BUM6fL�If Ms imenns,M.1000099.0 3/sael0 Nalco & May 06.199011:00 AM 1w pe WW1.Bpanau 4 Oaks,Wined.Janes A."1 • •Lann.rd, P POW d AAonuy R.1,1m900pm1M n0-9003864 In Pair 3114099 Fonebsre Bala Jun 28.1998 0200 PM 278.000.00 park lanlr0fa,ss Toad.of tar AMPECCo natlde+od dMatOeya 11L> 11.e Mwhiaae Orn Tont 100S-S Great rlaa 26,l ae8 Doc No 3991&46 ‹Vt. . 4.k. ��% • '%44. • OF 1 have hertunto 9ubscrtbed my name •••- • •-• of my otOos this 21st day 4 May,1O97. �c,.'. 011•.•DUAL .. ^� 't-,',1,01.14. g+ —" 1f".-e, an Cartoon P. f`''��7 Ai�,PP m of Tilos, • , m In and state of Minnesota. �'Q�J glair ,, ii- I-"_ ‹?i; "r + ie4) �C�'••a.. 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(19 c��^°K ©Bolton&Menk,Inc-Web GIS 6/13/2014 7:54 AM -LI N/ . ce 1 (�P-t i V V Li P 1�Y \t ( 4,......—_ \ 1/-C- 1\ i; 0 t \ td (04 \ .\\ - ( 4 A ,,k IV o�s� 3 ' Dob, rJ jl _7 r „ �,� ►+M til;', ‘ / (.9 ti 1k4IMI 0 0 , OA) 0) 51 I/19 l'[ ' • , 3 a. tfb'k -- ‘ 2 .----------- \ 0 ' A- N) Q `�� ,4,t9 D oter 1.itc ;21,00 S or ��?� ��.-,�''t-fes� S`r�s A po Val 7)4-11/ �rt4 r� � �� Pl��� . � � ,arm � �' 2z�o P� t� �t1 6 3' cs o .P �2 • Yap cA •,. 41,?� 4,•-p-4:*:',g ...'4,l�W '{ £ ...„-^...44.:, k ,� p� • ,i. ' 4Wp�t e � kt ; � 3Y t"" •t'°$440 .'L i4'� - b, W ;�;;1kt, Y / I : rY �4 ',14,4'.A 4, P .v k.4 ,:ti` t *^'$°�4r 2 ,I. £ -, .. a f-1 ,a.. t,64 b ,; _ 4k „4144 ;.K.,„'::,.. CITY of ORONO PERMIT N� 3'73 ' Building Permit ///—/--?— y k,�,:r4 DATE ISSUED /� AND APPLICATION FOR CERTIFICATE OF OCCUPANCY EXPIRES esw P.O. BOX 66, CRYSTAL BAY, MN 55323 473-7357 C e�, , ,Gi,:` SITE ADDRESS v” o/ 4'0 C7 r/4.2- — J.'L t ° .il'< ZONING DISTRICT ,4•',s4 / LEGAL DESCRIPTIO��jj: PROP. ID. ''''rL — / • LOT 36--.37--/7-SOBLOCK SUBDIVISIOnez.b/ eeS 1 �. I esommanir �ovufi {: FIRE ZONE D (Name) (Address) (Phone) ii;v ';2 VAR.DATEq e- 74 it n&'0 !e//i - 3304 Callry e- z -1 /7 , Y7/ ',5is „1.00.40` 4 ARCH�T'gT/ENGLNEER-Must Certify Multi Family,Commercial & Industrial Construction Plans • COND. USE DATE CERT.NO. -'•'',$;,-T'',1'' :; (Firm) (Address) (Phone) g LOT AREA WIDTH DEPT BUILDER (Firm) / (Address) (Phone) `"�" PROPOSED SETBACKS 167\176-5. 3 3C�0/� A✓QrrP. n . �/7/�5-�U 1, F NT R.S! E S TYPE OF WORK dp Addition Remodel Renovate -, RR A7 d L.SIDE r,i r 4,r, CONST.TYPE BLDG.SIZE EST.CONST.VALUATION " ` LAKE WETLANDS `. . L. 623- / W 3� Htp?� / `6?)/ 0 O (✓ .' 4 ACCESS RESIDENTIAL STORIES C3 I 0 3 PERMIT F S ' i/ BLDG.PERMIT /p7 z % dp EXISTING ,���� g^� DWELL. BORMS/F R 'ty 'i tib A Y-APPROV. DATE � STATE FEE aP5 D D � UNITS 0,, CITY GAR.STALLS SEPTIC PLAN RyIEW 93. o 0 F;v it T APP.DATE /� '''','Ar? 4 • 1.)e/ ?/ C/v 4' , COUNTY DOCK - Y o?Us 1 �° PARK FEE 3. O O NON-RESID. PROPOSED USE I' � ,,,t k STATE ) ;'� " 1>�1,*- SAC CHARGE yd O. O o t "° OCC. s:,, x.. . PR. EASEMENT CLASS. STORIES COUNCIL ++ '� APP.DATE TOTAL DUE I,7I , &::' E - f I REMARKS: �,c‘Vf J3Li I (-15-1"� U C- -t" 3 ,. , .:19UU11.UJ A INSPECTION REQUIRED WORK REQUIRING ACKNOWLEDGEMENT FOOTING before pour SEPARATE PERMITS THE UNDERSIGNED HEREBY REQUESTS PERMISSION TO MAKE t • FRAMING rough-in INSULATION PLUMBING THE REAL IMPROVEMENTS SPECIFIED, AND DECLARES WALLBOARD Before Taping MECHANICAL — UNDER PENALTY OF LAW ACKNOWLEDGEMENT AND ACCEPT- i' 3 FINAL before occupancy WELL ANCE OF ALL INFORMATION, CONDITI S AND REQUIRE- SEPTIC MENTS REPRESENTED ON THIS DOCUMENT. THE UNDER- ',r, WORK BEYOND OR WITHOUT A RE- SEWER(WIRED INSPECTION WILL BE SUB- WATER SIGNED FURTHER AGREES TO DO ALL WORKS IN STRICT COM- _ JECTTO PENALTY. GRADING&FILLING _ PLIANCE WITH ALL CITY OF ORONO ORDINANCES AND STATE " INSPECTION HOURS 473-7357 OF MINNESOTA BUILDING CODE REQUIREMENTS. a CALL 8-12 A.M.INSP. 1 -4 P.M. ; F CALL) 4 P.M.PINSP. NEXT DAY ELECTRICAL from State i -11h< IlwlmwfwilmalL Signature Date COPY: WHITE-.=ILE GREEN-FINANCE 7;74 .t ' CANARY-INSPECTOR GOLD-RECEIPT / /' ,+ PINK-ASSESSOR Approved ./ ���' City of Orono -zito O O CITYof ORONO 1 , , 1 i ` / til Municipal Offices Street Address: Mailing Address: N"litegg 1•27 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 March 24, 2003 Ms. Courtney Block 2260 Bayview Place Wayzata MN 55391 Dear Ms. Block; Regarding your questions about vehicular access to the rear of your property from Hillside Place, this access is not allowed per the terms of a resolution filed against the property when a previous owner sold two lots on Hillside Place that are located north of your property. As part of this agreement your property is also supposed to have a fence along Hillside Place to prevent access to the driveway. This required fence needs to be reinstalled on your property to remain in compliance with the City of Orono requirements. The only two properties that can have vehicular access to Hillside Place are the two lots north of your property. I have enclosed a copy of the agreement regarding the access restrictions that apply to your property. Thank you for your assistance in this matter. Please contact me at 952-249-4621 should you have any questions. Sincerely; Greg Gappaa)ctlip, Director of Public Services Telephone(952)249-4600 • Fax(952)249-4616 www.ci.orono.mn.us • _ . '% i � it ,,:�.•.�� - _� j/1'AND PRIOR TAXES PAID / TAXP..`:'ER SERVICES AND PRIOR TAXES PAID \7"- TRANSFER ENTERS TAXPAYER SERVICES TRANSFER ENTERED jAN 27 e 55 NOV 23 1994 AGREEMENT HE► • p •�.T MINN. DEPUTY -IN C•UNMNN yy DEPurr c6 THI AGREEMENT is made effective as of ) 2 , 1994, by and between Jacquely-nn J. Segner, single ("Segner") and Charalampos Marinos and Linda N. Marinos, husband and wife (collectively, "Marinos"), and the City of Orono, a Minnesota municipal corporation ("City"). O RECITALS: A. Segner is the owner of real property located at 3286 Navarre Lane (the "3286 Parcel") and 2260 Bayview Place (the "2260 Parcel") and 3300 Navarre Lane (the "3300 I Parcel"), all in the City of Orono, Minnesota and legally described on Exhibit "A" attached sr) N hereto and made a part hereof (collectively, the "Segner Property"); qO B. Marinos is the owner of real property located at 3290 Navarre Lane (the "3290 Parcel"), in the City of Orono, Minnesota and legally described on Exhibit "B" attached hereto and made a part hereof (the "Marinos Property"); Q o C. Hillside Place is an undeveloped public road right-of-way dedicated on the plat q 0 of "Wallace's Addition to the Village of Minnetonka Beach", Hennepin County, Minnesota, k- which has not been opened by the City for public travel, in that it has a substandard road right-of-way width of 25 feet; M D. The City has maintained municipal sanitary sewer lines and manholes within Hillside Place since 1965, and has maintained the capability for vehicular travel on Hillside Place only to the extent necessary to maintain the sewer system; N. E. City Municipal Code ("Code"), Sections 6.05, Subdivision 9 and 6.06, Subdivision 9 provide standards for placement, design and construction of residential driveways accessing onto public and private roads. Those sections state as follows: "A. One driveway approach shall be allowed from up to two single residential parcels of land to the same public (or private) road provided that appropriate easements exist between parties sharing the driveway and driveway approach. Parcels having frontage on more than one public (private) road shall be allowed a driveway approach to one public (or private) road"; F. The 2260 Parcel and the 3300 Parcel have previously utilized a private drive within Hillside Place. - There is no current use of Hillside Place by the owner of the 2260 Parcel and the 3300 Parcel; G. Segner and Marinos have requested the City to approve a private drive within Hillside Place to allow access to the 3286 Parcel and the 3290 Parcel, and the City has approved such request provided Segner and Marinos enter into this Agreement; (22059422 10/26/94 eKN _ - NOW, THEREFORE, in consideration of the City allowing the private drive servicing the 3286 Parcel and the 3290 Parcel to be located in Hillside Place and the mutual benefits to be derived therefrom, Segner and Marinas agree as follows: AGREEMENTS: 1. The foregoing recitals are incorporated as part of this Agreement. 2. All use of Hillside Place for access purposes to and from the 2260 Parcel and the 3300 Parcel shall be discontinued immediately upon execution of this Agreement. • 3. Segner shall immediately construct, at her sole expense, a permanent fence along the entire easterly boundary of the 2260 Parcel and the 3300 Parcel abutting Hillside Place. Said fence shall at a minimum be 36" in height with two 2"X4" rails at approximately 18" and 36" above grade, with 4"X4" posts spaced 8' apart. No gate for vehicular access to Hillside Place shall be installed as part of such fence. 4. Segner shall immediately and exclusively utilize the existing driveway from the 2260 Parcel to Bayview Place for access to and from the 2260 Parcel. 5. Segner shall immediately construct at her sole expense, a new driveway access to Navarre Lane to service the 3300 Parcel, and shall thereafter exclusively utilize such new driveway access to and from Navarre Lane to the 3300 Parcel. 6. Segner and Marinas agree that only the owners of the 3286 Parcel and the 3290 Parcel, and their respective invitees, shall be allowed to utilize that portion of Hillside Place legally described on Exhibit "C" attached hereto and made a part hereof (the "Private Drive") for private driveway p driveway s as allowed by the City's Code Section 6.06, f , Subdivision 9, except that incidental use of said right-of-way by public and/or private 4l emergency vehicles, school buses and the public for access to adjoining properties or other incidental travel shall be permitted. 7. Marinas and Segner hereby agree: (a) The Private Drive shall be constructed and maintained at Segner and Marinas sole expense in accordance with all applicable City Code requirements; and (b) Immediately upon notice to Marinas and Segner that the City desires to open Hillside Place for public travel, Marinas and Segner shall, at their sole expense, immediatelyremove the Private Drive e and restore Hillside Place to grade. /22059422 1 0/26494 8. Segner and Marinas hereby indemnify and hold the City harmless from any and all claims, causes of action, liabilities, damages or other losses (including attorneys' fees and costs incurred by City in connection therewith or in enforcement of this Agreement) sustained or incurred by reason of use of the Private Drive by Segner and Marinos, and their respective invitees, successors or assigns. 9. City shall honor any request of the owners of the 3286 Parcel and the 3290 Parcel to post Hillside PIace with "No Parking" signs and subject Hillside Place to enforcement of same by the City's Police Department. 10. This Agreement shall run with the land, shall be binding upon Segner and Marinos, their respective successors and assigns, and may be enforced by the City at law or at equity. 11. Any future use of Hillside Place by an owner of the 2260 Parcel or the 3300 Parcel shall constitute a violation of this Agreement and of Municipal Code Section 6.05, Subdivision 2, and shall constitute a misdemeanor. This paragraph does not apply to Segner, er successors or assigns, as the owner of the 3286 Parcel. 12. This Agreement may be amended or terminated only by a recordable, written agreement between the parties hereto, their successors and assigns, which shall be filed in the office of the Hennepin County Registrar of Title against the Segner Property and Marinos Property. Circumstances arising which may require amendment or termination of this Agreement, include but are not limited to, the City's approval of an alternate access for either the 3286 Parcel or the 3290 Parcel to an opened public roadway other than Hillside Place or changes in City Code provisions. Notwithstanding anything contained in this paragraph, the amendment or termination of this Agreement and any requirements contemplated by any such amendment or termination, must be approved by the City and meet all applicable City Code provisions. LN WITNESS WHEREOF, Segner, Marinos and City have made and entered into this Agreement effective as of Cho hr r` 0111 , 1994. Oh . _,_.. , / i Jacquet, , J. Seg /r Char ampos arinos 4b/v/(4,..,-,,,,,„ Linda N. Marinos r220s9422?0'2&/94 • I • , ' - EXHIBIT "C" PRIVATE DRIVE The westerly 15 feet of Hillside Place, an undeveloped public road right-of-way, dedicated on the plat of"WALLACE'S ADDITION TO THE VILLAGE OF M NNETONKA BEACH", Hennepin County, Minnesota. • --} - CITY of ORONO \,� i r y'� n if! Municipal Offices IlWx4tAs Street Address: MailingAddress: 4a.Pad ri 4,� $EggO 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 June 23, 1998 Matthew Brosseau 1115 SE 6th Street Minneapolis MN 55414 Re: 2260 Bayview Place Dear Mr. Brosseau: This letter is to confirm our phone conversation of last week and to provide further info on the property at 2260 Bayview Place. As we discussed,the property is located in LR-1C Zoning District which is a single family residential zone. Therefore it can not be rented out as a duplex. The City had been informed by neighbors that the previous owner was possibly renting the lower level of the home to a family member. The property was for sale at the time, so the City took no action, anticipating that this duplex use would cease shortly. We also spoke about family members sharing a home, the City code allows this if there is one kitchen facility and no separation between levels. A second issue regarding this property is the use of Hillside Place for access. When the previous owner sold 2 lots at the north end of Hillside Place, she was required to cease use of the road for 2260 Bayview Place and 3300 Navarre Lane. She was also required to build a permanent fence along the road (see attached agreement filed on the chain of title). Therefore,the City must require you as the current property owner to utilize the property as a single family dwelling and to replace the fence across the rear property line. A deadline of July 13, 1998 has been established for replacement. If you have any questions please feel free to contact me at my office. Sincerely, 6A-- L e Oman Building Official LO/jlg cc: Michael P. Gaffron, Senior Planning Coordinator Bruce Vang, Field Inspector Enc: Agreement Telephone (612) 473-7357 • FAX 473-0510 \\,, . , 4kitli, .-.., A. C.P.► ss . 41.1•► v t!4 � u� sf a r Y• `' Mo.. i ► jJ I t ri• nJ .,-.. , h, • szsy., , )% T 'l % ,. limithiHR.3„, , , , p.„,...• - .4- -,i.. ,.., 0:40 t `` :, CV O0 1 `bah fry# y llt cow ..414 ' h Arvi,..., N �1 )• Ir G 0 99 Feet A AZD V'O floi G 1. `4KfsH00' Disclaimer: This drawing is neither a legally recorded map nor a survey and is not intended to be used as one.This drawing is a compilation of records,information,and data located in various city,county,and state offices,and other sources affecting the area shown,and is to be used for reference purposes only.The City of Orono is not responsible for any inaccuracies herein contained. ©Bolton&Menk,Inc-Web GIS 6/13/2014 7:51 AM fe-faue--- cervi/ q/4/1./ • Caw/VW gL-ocg--- 2-72- -_ lc70 rz°°164etl t4t-LI rr/f/- (97-747 �. ung & A 4e za/e6- Ariy ORONO POLICE DEPARTMENT INITIAL COMPLAINT REPORT CASE NUMBER (CAG) DATE REPORTED 14-11924 MN0271500 09-01-2014 ❑ JUVENILE REPORT I,. BADGE HOW REC'D TIME REPORTED TIME ASSIGNED TIME ARRIVED TIME CLEAR OTHER ITEMS INCLUDED D 518 R 1700 1710 1712 1810 ® PHOTOS -NP PLACE COMMITTED/CITY ❑ SQUAD VIDEO 2260 Bayview Place, Orono ❑ BOOKING VIDEO COMPLAINT ❑ AUDIO RECORDINGS Neighbor Civil Dispute ❑ PROPERTY INVENTORY PC NAME (Last, First Middle) D.O.B SEX CHARGES RP Block, Courtney Rose F ADDRESS Cell Phone Home Phone Work Phone 2260 Bayview Place, Orono PC NAME (Last,First Middle) D.O.B SEX CHARGES Oth Block, Chris Philip M ADDRESS Cell Phone Home Phone Work Phone 2260 Bayview Place, Orono '111111, PC NAME (Last,First Middle) D.O.B SEX CHARGES Sus Johnson, Steven Craig 111111111111111 M ADDRESS Cell Phone Home Phone Work Phone 3290 Navarre Lane, Orono I, Officer J. Wlttke was dispatched to a damage to property report where a cable line was cut. I arrived and spoke with Courtney. I was shown the back of the Block's property where there is a gravel road that runs along her property line as well as the nearby neighbors property line. The Block's have a driveway in their back yard which leads to a tuck under second garage. Courtney said for years they have been using the gravel road to access their back driveway. She said they only use it a few times a year to move their camper and trailer. Courtney said today they returned home from a week vacation in their camper to find someone had cut out their "gravel ramp" which they put in several years ago so they could not access their back driveway. There was approx. a 2 foot drop off from their back driveway to the road. Courtney said their cable line had been cut leaving them without cable, internet and phone. Courtney said her husband Chris who works from home sometimes will not be able to now until they get serviced from the cable company. Courtney suspected her next door neighbor was responsible for this act because of the ongoing fued regarding this gravel road. Courtney said the next neighbors were Steve and Bonnie. She said Steve does not want them using the road and claims he owns the road. Courtney gave a lot of past detail about who built the road and what previous owners had agreed to. She also provided copies of past documents about their property. (HC #2595145) Courtney said she recently received a letter from the city advising her she needed to comply with an agreement that was put in place in 1994. She said she is preparing to take this matter to court. She said she cannot access her back driveway by any other means and needs to use this gravel road, she referred to as Hillside Place. Courtney wanted me to contact Steve about the damage and removal of the rock she bought. I first photographed the area in question before knocking at Steve's. There was no answer. A copy of this report will be forwarded to the city as 44-0, )ISPOSITION: UNFOUNDED ❑ CLEARED BY ARREST ® REF. OTHER AGENCY D INAL I IVE ❑ OTHER ❑ IOPY TO: CO ATTORNEY ❑ CITY ATTY ❑ COURT ❑ IMP CONS ❑ PLATE IMPOUND ❑ OUTSIDE AGENCY ❑ OTHER ❑ 3. Wittke #518 K� )FFICER NAME LOGIS SGT'S Mike Gaffron From: Mike Gaffron Sent: Friday, June 13, 2014 10:04 AM To: 'Steve Johnson' Cc: Melanie Curtis Subject: RE: 3290 Navarre Lane Mr.Johnson— Melanie and I have driven the driveway that serves your property at 3290 and the property to your immediate north at 3286. During our inspection we noted that the fence required to extend along the entire east boundary of the Block property at 2260 Bayview Place has an opening to allow access to their tuckunder garage. While this access would appear to be in violation of the Agreement,the City Attorney has reviewed the Agreement and advised that it may be difficult to enforce. That being said,we will follow up by informing the Blocks of the agreement and their obligations imposed by it, in an attempt to gain voluntary compliance. Mike Michael P.Gaffron Assistant City Administrator/Long Term Strategy City of Orono (Street Address)2750 Kelley Parkway (Mailing Address)P.O. Box 66,Crystal Bay,MN 55323 Phone:(952)249-4600 Fax: (952)249-4616 From: Melanie Curtis Sent: Monday, June 09, 2014 11:29 AM To: 'Steve Johnson' Cc: Mike Gaffron Subject: RE: 3290 Navarre Lane Mr. Johnson, I apologize for the delay. I need to review the document before I can respond to you on this. I hope to do so this week. Melanie Melanie Curtis el 952.249.4627 < mcurtis@ci.orono.mn.us From: Steve Johnson [mailto:sjohnsonOartsmia.orq] Sent: Monday, June 09, 2014 11:09 AM To: Melanie Curtis Subject: Fwd: 3290 Navarre Lane HI Melanie My name is Steve Johnson . I am the owner of the property at 3290 Navarre lane. I have my property for sale at this time and I need to know if the City of Orono is upholding this agreement. Because potential buyers of my property have too maintain the driveway with the owner of parsel 3286 Navarre lane. There was a fence along the east property line of 2260 bayview place when I built my home. But when Kris Block purchased the 1 property at 2260 bayview place he and Clair Rood from 3280 Navarre lane tore down the fence. And have been using the driveway to enter the property at 2260 bayview place to store trailers and other junk. Please get back to me Thank you Forwarded message From: Steve Johnson <sjohnson@artsmia.org> Date: Thu, Jun 5, 2014 at 2:13 PM Subject: Fwd: 3290 Navarre Lane To: mcurtis@ci.orono.mn.us Forwarded message From: sjohnson <selectric 13 @yahoo.com> Date: Thu, Jun 5, 2014 at 2:00 PM Subject: Fwd: 3290 Navarre Lane To: "sjohnson@artsmia.org" <sjohnson@artsmia.org> Sent from my iPhone Begin forwarded message: From: "Mark Melby" <mark(&,markmelby.coni> Date: June 4, 2014 at 4:40:59 PM CDT To: "Steve Johnson" <selectric13@yahoo.com>, "Bonnie Schaumburg" <bschaum13@aol.com> Subject: FW: 3290 Navarre Lane Steve and Bonnie, Street Agreement attached. Thanks, Mark Original Message From: Melby, Mark J [mailto:mjmelby@cbburnet.com] Sent: Wednesday, June 04, 2014 4:39 PM To: Mark Melby Subject: Fwd: 3290 Navarre Lane Forwarded Message From: "Tippin Berg (TRG)" <Tippin.Berg@BurnetTitle.com> To: "Mark J Melby (CB Sales)" <MJMelby@CBBURNET.COM> Cc: "Shelly Bullock (TRG)" <Shelly.Bullock@BurnetTitle.com> Sent: Monday, June 2, 2014 10:23:03 AM Subject: 3290 Navarre Lane 2 Good Morning Mark, I've attached a copy of the City Agreement recorded against the property. Let me know if I can be of further assistance. Thank you, Tippi Original Message From: WayzataD@burnettitle.com [mailto:WayzataD@burnettitle.com] Sent: Monday,June 02, 2014 10:14 AM To: Berg, Tippin(TRG) Subject: Message from "RNP0026733F4A92" This E-mail was sent from "RNP0026733F4A92" (Aficio MP 5002). Scan Date: 06.02.2014 10:13:58 (-0500) Queries to: WayzataD@burnettitle.com This electronic mail message transmission contains information which may be Confidential and/or Privileged. The information is intended to be for the sole use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or other use of the contents of this transmission is strictly prohibited. If you have received this electronic mail transmission in error,please notify the sender immediately. The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent. This message and its attachments could have been infected during transmission. By reading the message and opening any attachments,the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. The sender's company is not liable for any loss or damage arising in any way from this message or its attachments. Nothing in this email shall be deemed to create a binding contract to purchase/sell real estate. The sender of this email does not have the authority to bind a buyer or seller to a contract via written or verbal communications including, but not limited to, email communications. 3 A Mike Gaffron From: Melanie Curtis Sent: Monday, June 09, 2014 11:29 AM To: 'Steve Johnson' Cc: Mike Gaffron Subject: RE: 3290 Navarre Lane Attachments: 201406021013.pdf Mr. Johnson, I apologize for the delay. I need to review the document before I can respond to you on this. I hope to do so this week. Melanie Melanie Curtis S 952.249.4627 N1 mcurtis@ci.orono.mn.us From: Steve Johnson [mailto:sjohnson@artsmia.org] Sent: Monday, June 09, 2014 11:09 AM To: Melanie Curtis Subject: Fwd: 3290 Navarre Lane HI Melanie My name is Steve Johnson . I am the owner of the property at 3290 Navarre lane. I have my property for sale at this time and I need to know if the City of Orono is upholding this agreement. Because potential buyers of my property have too maintain the driveway with the owner of parsel 3286 Navarre lane. There was a fence along the east property line of 2260 bayview place when I built my home. But when Kris Block purchased the property at 2260 bayview place he and Clair Rood from 3280 Navarre lane tore down the fence. And have been using the driveway to enter the property at 2260 bayview place to store trailers and other junk. Please get back to me Thank you Forwarded message From: Steve Johnson <sjohnson@artsmia.org> Date: Thu, Jun 5, 2014 at 2:13 PM Subject: Fwd: 3290 Navarre Lane To: mcurtis@ci.orono.mn.us Forwarded message From: sjohnson <selectric13@yahoo.com> Date: Thu, Jun 5, 2014 at 2:00 PM Subject: Fwd: 3290 Navarre Lane To: "sjohnson@artsmia.org" <sjohnson@artsmia.org> 1 Sent from my iPhone Begin forwarded message: From: "Mark Melby" <mark@markmelby.com> Date: June 4, 2014 at 4:40:59 PM CDT To: "Steve Johnson" <selectricl3@yahoo.com>, "Bonnie Schaumburg" <bschaum13@aol.com> Subject: FW: 3290 Navarre Lane Steve and Bonnie, Street Agreement attached. Thanks, Mark Original Message From: Melby, Mark J [mailto:mjmelby@cbburnet.com] Sent: Wednesday, June 04, 2014 4:39 PM To: Mark Melby Subject: Fwd: 3290 Navarre Lane Forwarded Message From: "Tippin Berg (TRG)" <Tippin.Berg@BurnetTitle.com> To: "Mark J Melby (CB Sales)" <MJMelby@CBBURNET.COM> Cc: "Shelly Bullock(TRG)" <Shelly.Bullock@BurnetTitle.com> Sent: Monday, June 2, 2014 10:23:03 AM Subject: 3290 Navarre Lane Good Morning Mark, I've attached a copy of the City Agreement recorded against the property. Let me know if I can be of further assistance. Thank you, Tippi Original Message From: WayzataD@burnettitle.com [mailto:WayzataDAburnettitle.com] Sent: Monday, June 02, 2014 10:14 AM To: Berg, Tippin (TRG) Subject: Message from "RNP0026733F4A92" This E-mail was sent from "RNP0026733F4A92" (Aficio MP 5002). Scan Date: 06.02.2014 10:13:58 (-0500) Queries to: WayzataD@burnettitle.com This electronic mail message transmission contains information which may be Confidential 2 • and/or Privileged. The information is intended to be for the sole use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or other use of the contents of this transmission is strictly prohibited. If you have received this electronic mail transmission in error, please notify the sender immediately. The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this interne electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. The sender believes that this E-mail and any attachments were free of any virus, worm, Trojan horse, and/or malicious code when sent. This message and its attachments could have been infected during transmission. By reading the message and opening any attachments, the recipient accepts full responsibility for taking protective and remedial action about viruses and other defects. The sender's company is not liable for any loss or damage arising in any way from this message or its attachments. Nothing in this email shall be deemed to create a binding contract to purchase/sell real estate. The sender of this email does not have the authority to bind a buyer or seller to a contract via written or verbal communications including, but not limited to, email communications. 3 • / Z Plat of Surveyj -o 0. for Jacquel;,-nn Zontelli of lots in Wallace's Addition / to the Village of Itinnetonka Peach „7- Hennepin - Hennepin County, Minnesota d VZ 'go` V �rr . • \-x,.\\• `1° p\ /,r �\ / Q` , •t�`1 / Q\pk.- t• i r �5�� o 22� s.2`. X005 �o •09 �q1O ) lo•4... r.- 6, a. p. \ P v�•'� \-G 1 / 4. i v C,1-(J (a /•. 9, \\�- yy b5 ' �0 Cn� ] \ 63 o n6J ‘ 3 ti v v u ,.,n ?P -4::_;,, .q� X -A- ye 3. J /.i , / ' ' <l/ • • �s-. / P ��' - qtr. w: i /` h r • � Q v� • ` 6 ro-% /4'' ih,, �bp �' \ ` �/ ? \ cti' a4 � / ` lro 'i v� rye, c° �G� '1,-/ / A.4., / . ) ,, `...! , i C$. D '1/ J G c'....- \c. V ' ...i 3, 7/ 7 t / r, T4s if ;i' 1 11°/+/,< \ / e ' /la \' I:„..)."1 efr).Cr �a'� Aar ,. �(„ , P\ok •9 Q�/�1'h q Y t1 � ‘14141D 1 To: John Gerhardson, Public Works Director From: Michael P. Gaffron, Assistant Planning & Zoning Administrator Date: April 4, 1995 Subject: Hillside Place/Dahl Request for Wallace Avenue Access List of Exhibits A - 1908 Plat of Wallace Addition B - 1911 Replat of Lots 42 and 43, etal. C - Current Plat Map D - Topography with Plat Overlay, 1" = 50' E - Dahl Survey F - Staff Letter 3/22/94 G - Staff Letter 4/26/94 H - Engineer's Letter 8/8/94 I - Staff Memo to Planning Commission 8/9/94 J - Planning Commission Minutes 8/15/94 K - Staff Memo to Council 9/8/94 L - City Council Approval Resolution 9/12/94 M - Council Minutes 9/12/94 N - Agreement Between Segner and Marinos 10/27/94 I'd like to provide some comments and documents in relation to the Grace Dahl request for access to the Hillside Place property from Wallace Avenue: 1. The 1908 plat of "Wallace's Addition to the Village of Minnetonka Beach" shows that Wallace Avenue did not exist at that time. Lot 43 abutting Bayview Place extended north to the railroad right-of-way. 2. In 1911 Lots 42 and 43 were replatted into four perpendicular lots, the rear three of which would have been landlocked if the 20' Wallace Avenue right-of-way had not been created. Wallace Avenue was dedicated to the public on that plat. It seems obvious that Wallace Avenue was created to serve these new lots, and to give each of them frontage on a roadway, but this can't so easily be construed as being intended to provide access to Lot 44, which already had access to Hillside Place. Further, it should be noted that if Wallace Avenue was to be vacated today, the entire 20' width would revert to the owners of 2200 Bayview Place, the Matson's. 3. There is an argument to be made that it would not be in the City's best interest to vacate Wallace Avenue because it might be needed for future utilities (for instance, bringing City water to Lot 44 from Bayview Place). There is, of course, a significant difference between the benign existence of utilities as opposed to an active driveway use. April.4, 1995 Page 2 Hillside Place/Dahl Request for Wallace Avenue Access 4. From a topographic standpoint, I question the applicant's position that Wallace Avenue is a more suitable driveway. There is an 8' drop in 55' (15% slope) downhill within that right-of-way about two-thirds of the way back from Bayview. Much fill or cutting would be needed to make that into a suitable driveway. This would likely require the use of retaining walls. Access off Hillside Place, on the other hand, appears to be relatively level. The drainageway of concern is not a wetland nor is it protected by easement, and might be moved to allow driveway construction from Hillside Place... 5. The potential impact on the property adjacent to Wallace Avenue is extreme. It places a driveway directly adjacent to the existing residence, and through its back yard. This is conceptually identical to the impact Planning Commission intended to avoid when it adopted the "back lot" ordinance in 1993. That ordinance required (for any new back lots created) that the house on the front lot be located to meet the side street yard setback requirement from the outlot corridor. Relating this to the Matson's situation, the house would have to be 15' from the right-of-way. According to the survey it is only 9.5' from the right-of-way. While the Dahl lot is not technically a back lot, it has the same impact as a back lot situation would, but doesn't meet the minimum standards established by the City for mitigating that impact. 6. The agreement between the City, Segner and Marinos (Segner representing the Dahl interest) establishing limitations on the use of Hillside Place, contemplated the potential for approval of an alternate access for Dahl's property, and made provisions for revising the agreement if that occurs. The agreement would have to be amended, and can be amended, if the Wallace Avenue access is ultimately approved. 7. Regarding the question as to why this access issue "was not addressed at the time of the subdivision", I would offer the following: • In discussions prior to August, 1994, staff had considered the access for this property to be from Hillside Place. The City has sewer lines in Hillside Place, and the corridor was driveable and essentially clear of obstructions. Ms. Segner had conceptually agreed to the use of Hillside Place to serve the rear lots and the need to eliminate access to her two existing houses using the Hillside right-of-way. • No mention of a proposal to access via Wallace Avenue appeared in Jeanne Mabusth's memo to the Planning Commission on August 9, 1994. However, at the August 15 Planning Commission meeting, Segner asked about access for the northerly parcel via Wallace Avenue. I indicated that April.4, 1995 Page 3 Hillside Place/Dahl Request for Wallace Avenue Access the Planning Commission had no information on which to review that request and it couldn't be addressed at that time, but that the Public Works Department would have to review it. • It was then (and is today) my opinion that the lot line rearrangement for the purpose of ensuring that each of the two resultant lots had 0.50 acre in area and 100' of defined lot width on a public road (Hillside Place), is a separate issue from the actual driveway location. The lot line rearrangement would result in two conforming lots regardless whether Lot 44's access came from the front or the rear. • The Planning Commission recommended approval subject to elimination of access to the existing homes, resulting in no more than the two new homes using Hillside Place; installing barriers to use of Hillside Place by the two existing homes; and the granting of appropriate drainage and utility easements. • My staff memo of September 8, 1994, on Page 2 indicates to the Council that there is a request for access off of Wallace Avenue, and acknowledges that if such access is granted, one of the two existing houses could maintain its existing Hillside Place access. The Council at their September 12 meeting did not specifically address the access issue, although the limitations on the future use of Hillside Place were touched on in my verbal review of the application for Council. When asked by Callahan, Segner indicated she was satisfied with all of the requirements. At that time, it was the expectation of staff and the applicant including Ms. Dahl that a staff decision on the Wallace Avenue access would be forthcoming as a separate action. Your denial decision was dated September 19, and Dahl chose to appeal it. Please advise if I can provide you further information. lsv - - :• ..x • • . eo-tJ • r• �� 1 L/�P-CJLG-1t,..t1Lt D i L LA r� \\ 11, �.L�� To„ , ,,.::,A-i,:,,,,,,.. r,. ,r ' 4 . r. . •! THEVtLLAGE . 0e !_lJN] NIL, TON kA 7 > EAcl ,Av 1. '11, o ONEI N' FRANK E.I'IAYCOCK SURVEYOR. y. • 1908 • C” I,e , • • • • t+r % 4 \ a • r '' 1,1,9. / • • V �0 y �" , 1 1,T . /0• .....'0.11..311..u4#,SP ac"Ar.JM'� /, I•+ 1 ,f • I.0 1. i, .ry.d i � 4rr� r"1y; s� ���{5 S• 1:�` t � 4 � ti it w TS wb__ 3°- �� •.D " '\�' 1.',I.4• / '.4 ,,��-4 ' �U• Ir'. r= ' • .. N. 1G YE ' •j • la 1 . _,• " lir k ,�^'•' �r'.x. ,p. \ • it • \C) / , Ib • .. 46 • ;.r s • N. OP • ' \1 r 1 ;r `\ . . 1.1 \OLD '; iti) T• r4 ' + f•• it• p• •• • ' • ,r a t ,fek • � cif may{ka4 ; '' • �,. .'� Os 11:: ,1. . •{ ,' ..1' J,ji.]`t.. • • • • % o, ,� p�° ��r t q} 1,y • 7. t1, 0 o + .. / 7 N r• RE-ftRRANGEMENTOF LOTS 12- 43-57- J8-33- 49-70MND7I • n•F. WI7l LRCE S ADDITI ON TO THE VILLFIGE OF MI NNE TONnfl BEACH • Jodui/t /..• /o o' / 0// Pr arat' EfHaycocif' Surveyor . N iw —..--,c • ...t-Ori on the with ' n i eru (0) 4.../(i. .15' ` vv Cn'mtyTr /' Avg♦ / \ \Q-.V, / A7.,V4 4 7''/.. E i / ♦ i %6 ♦ \.' G 1p\ S• : ‘ Et • RyST f P \ \ •• ygr \ AVVr • •00, ... 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(A �, � �' <j `'cv A ��, •yam' 9 W T ' T.`� 1`� J 4) j N O �J & j , j ^ c ` la A• f 41 b (,)1 '. /c,,, • %.,?5,61/ /6:, <96) •e"--\ \ &/?:.5' .73 ( /(5) . kV \ N _t--, ‘:..k5* Ul-B. 6i\c.• S CA til \ _A 0" — 6> 90 CD `1' N 1 ( (1 / rr' \ '' c (ei ;ilk' . 0 1 4144 ,: \ •g , .0 1 I "NO I, : c %Atli" 0 k \ \ 1 . (1:30 ayilf c'' \ ' OA 0 4 \ \ 11 6 .t.. r je:,Y .,4 Iii‘k, 0 tob Y\ +,16 F 416°) CERTIFICATE OF SURVEY FOR N GRACE DAHL N • I—, cLI cro LOTS 44 & 45, WALLACE'S ADDITION' TO THE VILLAGE OF MTKA. BEACH Zr • HENNEPIN COUNTY, MINNESOTA • Z V /fort Nortl•trly coiner of LO 49;v/4/we', Add.to the Villoye.• `�G• ofMlka.Blael. 15 / x 0 / \ V 2a 'O P,b'oo f \ W /�•' a, eke \------ / ' / / Urr/, •F9g9e 4, .\ ,> Ra ' t~,, 7 Northeasterly line of .7 /..---'---C;2". 95\b Lott 44 145,'Walloul '• \\ ,gyp / Add.tl/be vivape.fntw.ewa� 039 ��• .6 R / 4 > ' ,/ r / / Mott Westerly corner 'o,./ • J. N �. r, of Lot ¢4,°WatlactS Add.to t>GVillaye ` \\\ ��• s of MlkA.Baach / 1' . . / .. ,, ,,,>,----...- ` 2.:. // X06 // ' �t,,il �- - oft, ` 41 / \ / \h . Sovshwesterly Iire G� "', `e of Los44s•hidlacet _ //6 / <�5 j' •' o. add.to the Olaf o of O / r' tj .-- Mtka.Beadi / 70\' b.,e cor,.ar A lb, l'Ain A,'.1,et i NI lliI• 11 .v i \ (1:1) CI, ,. P _ - Kc/,. 0 i CITY of ORONO Municipal Offices Mailing Address: W �� G~/ Street Address: P.O. Box 60 lq ^1�g,�' 2750 Kelley Parkway Orono. MN 55356 Crystal Bay, MN 55323-0066 kESI30 March 22, 1994 Rod MacCharles Remax A-1 Excellence Realty 2477 Shadywood Road Orono, MN 55331 Re: Lots 44-47, "Wallace's Addition to Minnetonka Beach" Dear Mr. MacCharles: Ito the letter to Del Wasser in 1988, the enclosed letter of these of July 17,lot1990 to Curtis Palmeraddition Pmdefines the City codes and policies regarding development Please be aware of the following points: 1. Assuming you wish to proceed with making two equal area building sites out of suggested, a subdivision of a lot line rearrangement the four lots as you have good alternative, would be in order. An alternative (although II0i46 and 47, combine Lots 44 and in my opinion) would be to simply 45, and then make a variance application for substand.are fot area the of sLots n 4647. of The lot line rearrangement probably makes more creating more attractive lots. Two sewer stubs have been provided, in Lots 45 and 47. The property was assessed for sewer in 1965. 3. City water would have to come from Navarre Lane (or possibly from Bayview Place) at your expense. Please contact Public Works Director John Gerhardson about how this connection would occur. The current (1994) municipal water connection charge, which must be paid for each building site, is $1,933 per unit plus $19.30 per front foot. This would total appro ximately II8,400is r for both lots.t The City Fee Schedule indicates that "if an P connection charge mayThe "assessment" be in addition to any assessment" referred to would only be imposed if the City extends the water lines as a City project. Telephone (612) 473-7357 • FAX 473-0510 Rod MacCharles March 22, 1994 Page 2 Access to both lots could be via a private drivewayconstructed Lane and 22 thinBayview 4. side properties at 3300 Navarre Place, conditioned on the p P and Place absolutely eliminating their currentaccess to�bare use of The third City code allows no more than two building sites triggers the need to upgrade the driveway to a road stanQg rdn Again, please contactusea permit for within John Gerhardson regarding Hillside Place. I am enclosing a subdivision application form for your use. Both John Gerhardson and I may be reached at 473-7357 if you have additional questions. Sincerely, Michael P. Gaf ron Administrator Assistant Building & Zoning MPG/lsv cc: John Gerhardson, Public Works Director ZgAdministrator Jeanne Aan=b2 60 Bayvth, iew Place Jackie Sem Enc. July 17, 1990 Letter ltcation Subdivision App ° .47 ) O. . . CITY of ORONO ,...- --- py Municipal Offices s, Mailing Address: ,.".s, �'� `''�� G~' Street Address: P.O. Box 66 l9\,,,?,,, � 2750 Kelley Parkway kSI3�r • Orono, MN 55356 Crystal Bay, MN 55323.0066 April 26, 1994 Mr. Bob Marinos c/o Rod MacCharles ReMax A-1 Excellence Realty 2477 Shadywood Road Orono, Minnesota 55331 Re: Lots 44-46, "Wallace's Addition to Minnetonka Beach" Dear Mr. Marinos: Q that the City issue I have been asked by Mr. MacCharles to provide a letter confirming Qwouldssue a building permit for the above referenced property. The City will issue a building permit a single family residence if all City requirements are met. Those requirements include, but may not be limited to, the following: 1. Provide confirmation from Hennepin County that Lots 45-46-47 have been legally combined for tax purposes. d lots meet 2. Provide confirmation from a certified surveyor that the lot com inwidth as measured the t minimum lot area standard of 0.50 acre, and minimum the 30' front setback line of at least 100'. illside 3. Access is to be by private driveway within the hasplattconfirmed that he wied right-of-way of ll issue Place. Public Works Director John Gerhar oval is expressly conditioned on the on a driveway construction permit. This app level of use of said driveway to no more than two residen ial rs. heref owo re, before a building permit will be issued for your property, at least oPlace existing users of Hillside Place must discontinueeof the required tolside constitute right-of-way for access. The minimum physical changes "discontinuation" of the driveway use include: A. Regrading to re-establish any shoulder and swale at the property line; and B. Creation of a berm or permanent fence just inside the property line; and Telephone (612) 473-7357 • FAX 473-0510 Mr. Bob Marinos April 26, 1994 Page 2 C. Property owner of 3300 Navarre Lane/2260 Bayview Place (Segner) must sign acknowledgement that Hillside or se of dlcannot driveway approach shallo purposes, and any re-establishment be considered a violation of Sections 6.05 and 6.06 of the Municipal Code and punishable as a misdemeanor. 4. Of course, issuance of a building permit would be conditioned on meeting all building requirements (setbacks, hardcover, building height limits, etc.) and paying the appropriate fees and connection charges. ing I have reviewed the above with Public Works Director John eea e no apprdson arent Build ons why the & Zoning Administrator Jeanne Mabusth, and we have concluded City would not issue a building permit for the combination of Lots 45 througth 44.47. However, this letter is not intended to comment on the buildability of the remaining If you have any questions, please feel free to contact me at 473-7357. Sincerely, Michael P. Ga an Asst. Planning & Zoning Administrator MPG/ch cc: Jeanne A. Mabusth, Building & Zoning Adm. John R. Gerhardson, Public Works Director • cao G.Donesv00•P.E. M°"ab A.SJMoto.P . Agnes M.Rir,g.A_ICP. L.Philip C.+....PE. • ae�trt A,CPPOP.Pf. ThOrras W.PctcrwKamm,PE. Kan L Werner.PE. ��W.IRyrne..o E. Bonestroo Josepn C.A„CKIM PC. Rom R.Prerrene,P.E. MKnaci C.Lynch.PE Fay Mery n L SOr a a,PE. IVenard W.Poster,PE. James R.MalancL PE. Four*.PE David 0 LOActa.PE. Jerry D.Perascri.P.E. Kant,R.Yapa PE. Rosene Glenn E.Cock. PE P.E. Dougal J.Dena:-PE Glenn R.Cxk.PE. RODKS C.RUisea-ALA, YOR 1 Ar`ane+c v & A.eeurcen,P.E. gnnctn P Ardente!.PC. Snawr J�Cwstarsa+•➢E Anderilk TharMas E.Neves.P.E. Mjr*vry Man R RoLrt PE. 0 .er.PE Rech.G.Scr`unlmc.P.E. Man A.Manson P.C. PALA G-Heuer.P`_ 'Serif M.EDe n•C.P's'. Mune!T.Farr ''.PE. Gary W.Morten,P.E. JOhn P i..sr. P.E. VI Associates •$[ C•C7nx lUr[ Teo K, l 1.P,torc 7 ALA. C ' S A Erikson • Thomas R.M+ceaorL ALA. Paul J.Gannon CCAItC C.au/carat P.C. Carmel1 Eagerch,r.`_. Leo Pa»cb+•+ Engineers & Architects Thomas A.Sy.fko.F.E A Rick Scn[mtic PE. Harlan k4 Oson ream J-SDent:t}.PE. Phap J.Casyse+L P.E. James F.Engenao[ WTJei Marcmei.PE. Mart 0.Walla.PE. M,we,P Rau.PE Mala a-enter).PE. August 8, 1994 ,,,_/ Ms. Jeanne A. Mabusth, ../"f Building and Zoning Administrator City of Orono Post Office Box 66 Crystal Bay, Minnesota 55323 Re: Jacci Segner Lot Rearrangement File No. 139-1957 Dear Jeanne, We have reviewed the proposed lot line rearrangement prepared for Jacci Segner in Lots 44, 45, 46, and 47, Wallace's Addition to the Village lue that ne d ko Beacha addressehe rearrangement is acceptable, however there is an access i ) The two proposed lots, as well as two existing homes, usHillside on ide Placeo (a gravel be served oaya as their access to Navarre Lane. The City Code allowsy single driveway. Three or more lots will require a private street be constructed for proper paved width for a private street. access, The City Code requires truucted as4par�to`f the lotde minimum c arrangement The street should b As an option, the two existing homes could eliminate all dos points ut to out tore LaHne forside acethe This would require that a new driveway be construct southerly lot, as well as landscaping or fencing across the driveway of the northerly lot. Drainage and utility easements will be required 5 feet wide along all lot lines and 10 feet wide along Hillside Place and the railroad right-of-ways. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. .swyi L - ,,Cd÷ , Shawn D. Gustafson, P.E. • TO: Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth, Building & Zoning Administrator DATE: August 9, 1994 SUBJECT: #1957 Jacci J. Segner, 3286/3290 Navarre Lane - Subdivision of a Lot Line Rearrangement, Class I - Public Hearing Pertinent Ordinance Section 10.25, Subd. 6 (B) - LR-1C Lot Standards Section 11.03, Definition 66 (A) - Class I Subdivision Section 11.33, Subdivision 4 - Typical Section Public/private road is required when serving three or more residential units List of Exhibits A - Application B - Plat Map C - Property Owners List D - Gustafson Report E - Subdivision of a Lot Line Rearrangement F - Format for Class I Lot Line Rearrangements G - Water As-Built H - Sewer As-Built I - Staff Letter 4/26/94 J - Staff Letter 3/22/94 K - Staff Sketch of Accesses to Subject Properties and Adjacent Properties L - Survey Description of Application The purpose of the lot line rearrangement is to create two residential lots that meet both area and width requirement of the LR-1C Zoning District as follows: A. Area required = 21,780 s.f. or .5 acre Lot A + C = .5 acre Lot B + D = .5 acre B. Lot width required = 100' Lot A + C = 100' Lot B + D = 135' Zoning File #1957 August 9, 1994 Page 2 The subdivision results in two conforming lots. The major issue for the review of this subdivision is the issue of access to the two new building sites via Hillside Place an unimproved platted right-of-way at 25'. Review Exhibit K, the unimproved right-of-way currently serves 3300 Navarre Lane as the primary access to the property and as a secondary access for 2260 Bayview Place. If roadway is to remain as a driveway based on the criteria set forth in Section 11.33, Subd. 4 of the subdivision regulation, total number of users of this roadway must be limited to two. Review Exhibits I and J, the applicant's realtor and potential buyer of Lots B and D were notified earlier this year of the requirements of the code regarding the use of Hillside Place as a private driveway. The applicant who resides at 2260 Bayview Place and who owns the residence at 3300 Navarre Lane has agreed to eliminate the use of both accesses at Hillside Place. Review Exhibit L, the survey of 2260 Bayview Place, reveals adequate area for Ms. Segner to achieve access to the lower level garage within the existing rear yard. Upon your site inspection, note the location of the detached garage at 3300 Navarre itawe. There is adequate siting distance for the relocation of an access drive to this property ill be necessary to trim back on the existing vegetation to provide safe access at the intersection. It would also be beneficial for Ms. Segner to trim back on the landscaping adjacent to Hillside Place to improve siting at that intersection. Refer Exhibit D, Gustafson recommends two options concerning access to the property. He recommends that either the existing driveways be relocated or to upgrade 25' Hillside Place to a minimum 24' paved roadway serving the four units. Given the limited right-of-way and the known desire of the applicant, staff would recommend that we agree to allow the applicant to relocate accesses as noted above. Ms. Segner must first contact the Public Works Director prior to installing new driveway at 3300 Navarre Lane. As for 2260 Bayview Place, the engineer recommends fencing or landscaping. Staff members advised of a need to provide not only fencing but berming as fencing can always be removed. Applicant may also have the option of planting trees behind the fencing as another means of providing permanent barrier. The property has been assessed for sewer and two stubs have been provided at Lots 45 and 47, refer to Exhibit H. Municipal water is not available to the site and applicant is given the option of either extending municipal water or installing on-site wells. It is staff's understanding that both applicant and applicant's prospective buyers would prefer to install on-site wells. Refer to Exhibit H, municipal water is located at the intersection of Hillside Place and Navarre Lane. There is nothing in the Orono code that requires a connection to municipal water when the lines are not immediately adjacent to the properties to be served. Per the current Orono fee schedule the future owners will be responsible for payment of $225 per unit charge for each sewer connection in addition to an $800 SAC fee (1994 fee schedule) to be paid to the MWCC. Zoning File #1957 August 9, 1994 Page 3 Staff Recommendation Staff recommends approval of the proposed lot line rearrangement involving the properties located at 3286/3290 Navarre Lane fording all standards of the LR-1C Zoning Diists t serve av ee been n met and that there is adequate capacity within the existing sewer facilities residential units. This approval is subject to the following conditions: 1. Building permits shall not be issued for new construction for the properties located at 3286/3290 Navarre Lane until the primary access to 3300 Navarre Lane and secondary access to 2260 Bayview Place at Hillside Place are removed. A new access is established for 3300 Navarre Place. Owners of the property at 3300 Navarre Land and 2260 Bayview Place have an option as to the type of landscaping improvement (berm or trees) to be installed providing a permanent physical barrier at Hillside Place. The Planning Commission Members may also wish to add the need for the installation of fencing. 2. The granting of drainage and utility easements 10' along exterior lot lines and 5' at each side of shared lot line. 3. Upon application for a building permit for new construction, future owners shall be responsible for payment ofo 21994 feet connection h dule) to the rgMWCe to Ce City and a SAC payment of $800 (based The applicant has advised that all visitors to this site must not drive on the roadway if it is wet because of the condition of the roadbed. ch tz., ;/l til Y MINUTES OF THE ORONO PLANNING COMIVIISSION MEETING HELD AUGUST 15, 1994 \ n1937 JACCI J. SEGNER, 3286/3290 NAVARRE LANE 7.3SUBDIVISION OF A LOT LINE REARRANGEMENT GEMENT - PUBLIC HEARING 47 The Affidavit of Publication and Certificate of Mailing were noted. Jacci Segner was present. Gaffron explained the proposal is for a lot line rearrangement s tanodl0 m a�t`oIIth involving width G simple lot line rearrangement le 44, 45, 46 and 47. The the the zoning requirements. Unique to parcel is an undeveloped road. and .5 acre meeting According to the code, a road must be brought up to specific sttand ds ifonmore Hiltha Placean residences use the road. Currently there are ve residences PY upgrade of the road. Applicant Segner owns and the addition of two more lots would trigger both at Hillside residences and has agreed to eliminate the use of both accesses e s the drivewa Place. Berming, vegetation, vegetation, or fencing is suggested to eliminate continued Lots 44 through 47 have been assessed for sewer. Water is not available are and City codIt e does not rrequire that water be brought to the properties. wllsrecommended that building permitsdrivewayaccesses are not be issued until the existing removed. Drainage and utility easements must be granted.c Upon applifor c cation o for connection building permit, applicant will be responsible for $225.00 connection charge plus $800 SAC charge (1994 rate). Jacci Segner asked about access for the northerly parcel via an alley off Bayview Place. Gaffron ccess could not be addressed at this time and the Public Works. Department would need toad a a decision to allow that alternative access. to be involved in making Chair Schroeder asked whether there was public interest. The potential buyers were present and expressed concern with access. Smith, seconded by Lindquist to recommend approval of the proposed lot line It was moved b y Q at 3286/3290 Navarre Lane subject to the following rearrangement involving properties rimary access to 3300 conditions: building pets will not be issued for new construction until p access to 2260 Bayview Place at Hillside Place are removed; Navarre Lane and secondary fencing to be approved by staff; installation of a barrier at Hillside Place o=anier� od Or along trees �xtenor lot lines and 5' at each side and drainage and utility easements to be of shared lot line. Ayes 4, nays 0. requested that berm not be a requirement because of potential water runoff Jacci Segner re q problems to the Rood property. •4 REQUEST FOR COUNCIL ACTION DATE: September 8, 1994 I'I EM NO.: Department Approval: Administrator Reviewed: Agenda Section: Name Michael P. Gaffron Zoning Title Asst. Building & Zoning Administrator Item Description: #1957 Jacci Segner/Bob Marinos, 3286/3290 Navarre Lane - Subdivision of a Lot Line Rearrangement - Resolution Application: Revise lot line between Lot 44 and Lots 45-46-47 resulting in two conforming ' acre building sites. List of Exhibits A - Resolution B - Survey C - Sketch D - Notice of Planning Commission Action 8/25/94 E - Memo and Exhibits 8/9/94 Discussion Applicant Segner owns Lots 45-46-47, and recently sold the adjacent Lot 44 to Mr. Marinos with the proviso that they would complete a lot line rearrangement resulting in a total of two building sites meeting the required 1/2 acre lot area and 100' width requirements. This proposed lot line rearrangement accomplishes that. Please review the memo and exhibits of August 9, 1994 for additional information regarding these properties. Briefly: • Sewer was assessed to these properties previously. Each resulting lot has a stub available. Future owners will pay a $225 unit charge and current SAC charge upon issuance of building permits. • City water is not available and applicants have the option of installing private wells or requesting municipal water extension at their expense. • Hillside Place is a 25' public right-of-way currently existing as a private driveway serving 2250 Bayview Place and 3300 Navarre Lane, both of which are ow the ed by Ms. Segner. Because adding even one additional unit would trigger e requirement for an upgrade of Hillside Place to a private road, Ms. Segner has agreed to eliminate and redirect accesses from the two existing houses, leaving Request for Council Action continued page 2 of 2 September 8, 1994 Zoning File #1957 only the two new lots to use Hillside Place as a driveway. She has agreed to do minor regrading and install a fence along Hillside Place to eliminate access to the existing houses, as well as construct/reconstruct driveways to Navarre Lane and Bayview Place for those residences. This must be completed before the City will issue building permits for the vacant lots. • Drainage and utility easements will be granted along the interior and exterior lot lines of the two new lots. In addition, Ms. Segner will be required to execute an acknowledgment (possibly in the form of a restrictive covenant) restricting future use of Hillside Place. There are two related matters of which Council should be aware, but which are not conditions of this lot line rearrangement: • Permits have been granted in the past for Segner's residence at 2260 Bayview Place based on her ownership of Lots 36-37-48-49-50, the legal combination for which was applied for in 1978 and again in 1980 but apparently rejected by the County due to delinquent taxes at that time. This residence is now for sale. These five lots must be legally combined before the City would issue any future permits for this property. • Ms. Segner has requested that Public Works Department consider allowing access to Lot 44 via an undeveloped 20' alley off of Bayview Place. The Public Works Director is currently reviewing this request. If granted, this does not affect the lot line rearrangement itself but may result in one of the two existing houses maintaining its existing Hillside Place access. Staff Recommendation Staff recommends approval of the subdivision and a lot line rearrangement for Jacci Segner and Bob Marinas at 3286/3290 Navarre Lane per the attached resolution. Proposed Motion: Moved by seconded by to adopt Resolution # , 2nd series approving a subdivision of lot line rearrangement at 3286/3290 Navarre Lane for Jacci J. Segner and Bob Marinos. Vote: ayes, nays. COUNCIL ACTION REQUESTED: ch CITY of ORONO 0 � RESOLUTION OF THE CITY COUNCIL NO. 3466liC - ESS A RESOLUTION APPROVING A METES AND BOUNDS SUBDIVISION OF A LOT LINE REARRANGEMENT OF PROPERTIES LOCATED AT 3286/3290 NAVARRE LANE FILE NO. 1957 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 (hereinafter "City Council") has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a subdivision of a lot line rearrangement by Jacquelynn J. Segner and Charalampos and Linda N. Marinos (hereinafter "the subdividers") of properties legally described as follows: Lots 44, 45, 46 and 47, "Wallace's Addition to the Village of Minnetonka Beach", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the subdividers have completed all requirements of the City for a metes and bounds subdivision of a lot line rearrangement for division and combination purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the metes and bounds subdivision of a lot line rearrangement for Jacquelynn J. Segner and Charalampos and Linda N. Marinos as shown on the Certificate of Survey by Mark S. Gronberg, a Registered Land Surveyor of Coffin & Gronberg Inc., dated April 14, 1994, revised July 22, 1994, revised September 8, 1994 and attached to this resolution as Exhibit A, subject to the following conditions: 1. Applicants shall complete conveyance of the "residual" parcels from one owner to the other in a manner acceptable to the City Attorney. 2. Applicants shall provide a title opinion of both parcels confirming ownership and encumbrances. Page 1 of 2 Fern WC;Psi Cm ei° °.47 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 66 14'.41 447 `gk'ESHD 3. Upon approval of this subdivision by the City Council of Orono, the respective owners must apply to the City for legal combination for tax purposes all of the existing and newly created parcels by intended ownership per the proposed legal descriptions labeled A and B in that same survey, and per the combinations shown on the sketch attached to this resolution as Exhibit B. 4. The aforesaid division shown on the attached Certificate of Survey shall be filed by the City of Orono with Hennepin County Registrar of Titles Office on or before March 12, 1995 together with a certified original copy of this resolution. 5. The approval granted by this resolution shall expire if the division 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. Adopted by the City Council of Orono, Minnesota this 12th day September, 1994. A EST: • ' l) )--) • e or•thy MO in, City Clerk Edward J. Callah. , Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of September, 1994 by Edward J. Callahan, Jr. 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. .J - (/ Notary Public z' LINDA S. VEE r,.i_ ,z NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 Page 2 of 2 IvaTUTrS OF TY.E REGULAR ORONO CITY COUNCIL NI E I NG HELD ON SEP'IE.MBER 12, 1994 3286/3290 NAVARRE LANE- SUBDIVISION A LOT LINE 11) #1957 JAC RE-skRR NGENLENT-RESOLUTION OF request. Segner originally °`�� Craffron resorted this is a simple lot line rearrangementof lot 44 lots 44-17 and sold 45, 46, Seo ler 47 to Bob Marinas. Seer retained ownership requesting to rearrange the lot line between the two to retain the V2 be ped nd 100 and is ireg sites. The SAC charges ft requirement to get two buildable and conforming g e There is no water available to this area. A sink driveway will be used for the two lots.Se er, a need The access points for 2250 Bayview Place and 3300 e Navarre e Lane, evewae bySngihas need to be removed fence to eliminate accesstwo to these homes. agreed to install said there is also the issue of five lots #36, 37, 48, 49, and 5ice 0,t owned erejectdd by to er, which applied which need to be combined to be sold. This was t those times. This is related to the matter but is not a condition of this delinquent taxes a lot line rearrangement. change to the language in the resolution regardi curhe ors in g the Crag;on said there is a minor repeatedly by Y format of the survey for metes and bounds which is questioned has separate legal descriptions which is not needed by the county. The that each parcelPQ, ,Q A city approved City Attorney requested the following changes be tade ineano the other (a deed C , conveyance of the residual parcels from one pproperty ownership and anyasements and a title opinion on both properties exchange);ng for erimeter drainage and utility encumbrances mainly because we are asking P for this rearrangement. Scarier replied to Callahan that she is satisfied with the rearrangement. Huff stated the need to add the condition that the five lots be combined at this time. Jabbour moved to approve Application #1957 subdivision of a lot lire rearrangement com l s resolution pending.the filing of the application by Jacci Sot on tAyes b'Nav°t� #'6' 37, 0. 48, 49, and 50, Resolution X3466. Hurn seconded the m (#12) SEPTIC 'MORATORIUM UPDATE requestedGaffrothe input of the Council on the 6-12 month wee this point, tension of the here are tic moratorium prioritizing of the tasks moratorium and confirmation and P sewer. no answers for those needing to either fix their septic or install 6 AGREEMENT . THIS AGREEMENT is ade effective as of 1994, by and between L�c 6 r r Jacquelynn J. Segner, single ("Segner") and Charalamposo s os and inda N. municipal os, huhusband and wife (collectively, "Marinos"), and the City corporation ("City"). RECITALS: owner of real property located at 3286 Navarre Lane (the "3286 ,/ A. Segner60Bayviewis the Place (the "2 60 Parcel") and 3300 Navarre Lane (the "3300 __ 0 attached and 6i "A" Parcel ) on Exhibit legall described �� the Orono, Minnesota and y Parcel"), all in City of hereto and made a part hereof (collectively, the "Segner Property"); B. Marinas is the owner of real property located at 3290 Navarre Lane (the "3290 Parcel"), in the City of Orono, Minnesota and legally described on Exhibit "B" attached hereto and made a part hereof (the "Marinos Property"); d on the C. Hillside Place is an undeveloped public each'n Hennepin Counry�Minnesota,at of "Wallace's Addition to the Village of Minnetonka tit has a substandard road in that ublic travel, which has not been opened by the City for p right-of-way width of 25 feet; D. The City has maintained municipal sanitary sewer lines and manholes within Hillside Place since 1965, and has maintained the capability for vehicular travel on Hillside Place only to the extent necessary to maintain the sewer system; E. City Municipal Code ("Code"), Sections 6.05, Subdivision 9 and 6.06, Subdivision 9 provide standards for placement,oadsSlgn and Those sections construction�T ofresidential follows: "A. One driveways accessing onto public and private driveway approach shall be allowed from up to two single residential parcels of land to the same public (or private) road provided that appropriate easements exist between parties sharing the driveway and driveway approach.ritieway approach to one public more than(or private)�oad"; public (private) road shall be allowed F. The 2260 Parcel and the 3300 Parcel,'sLside Plve ace by the owner ously utilized a f the ?260vate e within Hillside Place. - There is no current use Parcel and the 3300 Parcel; G. Segner and Marinos have requested the City to approve a private drive within Hillside Place to allow access to the 3286 Parcel and the 3290 Parcel, and d Marinol enter into this Agreement;C2ry has approved such request provided Segner and /22059422 10126'94 NOW, THEREFORE, in consideration of the City allowing the private drive servicing the 3286 Parcel and the 3290 Parcel to be located in Hillside Place and the mutual benefits to be derived therefrom, Segner and Marinas agree as follows: AGREEMENTS: 1. The foregoing recitals are incorporated as part of this Agreement. 2. All use of Hillside Place for access purposes to and from the 2260 Parcel and the 3300 Parcel shall be discontinued immediately upon execution of this Agreement. 3. Segner shall immediately construct, at her sole expense, apermanent rmanabuttintg fence along the entire easterly boundary of the 2260 Parcel and the 3300 Parcel side Place. Said fence shall at a minimum be 36" in height with two 2"X4" rails at approximately 18" and 36" above grade, with 4"X4" posts pced e8'' apart. No gate for vehicular access to Hillside Place shall be installed as part of such 4. Segner shall immediately and exclusively utilize the existing driveway from the 2260 Parcel to Bayview Place for access to and from the 2260 Parcel. 5. Segner shall immediately construct at her sole expense, a new driveway access to Navarre Lane to service the3300 Parcel, and shall300 Parcel. ic ter exclusively utilize such new driveway access to and from Navarre Lane to 6. Segner and Merinos agree that only the owners of the 3286 Parcel and the 3290 Parcel, and their respective invitees, shall beod made part hereof (the "Privateowed to utilize that portion of Place legally described on Exhibit "C" attachedhereto Drive") for private driveway purposes as allowed by the City's Code Section 6.06, Subdivision 9, except that incidental use of said richt-of-way by public and/or private emergency vehicles, school buses and the public for access to adjoining properties or other incidental travel shall be permitted. 7. Marizos and Segner hereby agree: (a) The Private Drive shall be constructed and maintained at Segner and Marinas sole expense in accordance with all applicable City Code requirements; and o Citydesires to notice to Marinos and Berner that the (b) Immediately upon open Hillside Place for public travel,a Driveand rand �ore Hillser shall, ide Place to t their sole expense, immediately remove the grade. /22039422 lOI26/94 - - 8. Segner and Marinas hereby indemnify and hold the City harmless from any damages or other losses (including attorneys' fees and all claims, causes of action, liabilities, o and costs incurred by City in connection therewith or in enforcement of this Agreement) sustained or incurred by reason of use of the Private Drive by Segner and Marinos, and their respective invitees, successors or assigns. 9. City shall honor any request of the owners of the 3286 Parcel and the 3290 Parcel to post Hillside Place with "No Parking" signs and subject Hillside Place to enforcement of same by the City's Police Department. 10. This Agreement shall run with the land, shall be binding upon Segner and Marinos, their respective successors and assigns, and may be enforced by the City at law or at equity. 11. Any future use of Hillside Place by an owner of the 2260 Parcel or the 3300 Parcel shall constitute a violation of this Agreement and of Municipal Code Section 6.05, Subdivision 2, and shall constitute a misdemeanor. This paragraph does not apply to Segner, her successors or assigns, as the owner of the 3286 Parcel. 12. This Agreement may be amended or terminated only by a recordable, written agreement between the parties hereto, their successors and assigns, which shall be filed in the office of the Hennepin County Registrar of Title against the Segner Property and Marinas Property. Circumstances arising which may require amendment or termination of this Agreement, include but are not limited to, the City's approval of an alternate access for either the 3286 Parcel or the 3290 Parcel to an opened public roadway other than Hillside Place or changes in City Code provisions. Notwithstanding anything contained in this paragraph, the amendment or termination of this Agreement and any requirements contemplated by any such amendment or termination, must be approved by the City and meet all applicable City Code provisions. LN WITNESS WHEREOF, Segner, Marinos and City have made and entered into this Agreement effective as of ()C fc b-t'r 7 1994. -adluelynn . Segner Char ampOS Marinas /V//z(?4,41:1,0/4) Linda N. Marinos CITY OF ORONO By 'Z' By e - Its MA%/� l By L , .=d f/ ` Its Mu C.`€-- , STATE OF MINNESOTA ) ) ss. COUNTY OF 74onnep;n ) The foregoing instrument was AC UELYIv'N J. SEGIVER�smele.h day of r)o-t4 h P r- , 1994, by J Q CAROLE A. HASEMAN ( 2 -/ (2 , , _ _ - �TARy PUg!_X`�AINNESOTA r HENNEPIN COUNTY Notary Public • f ��M^..:.::5:._:CN EXPIRES 62196 STATE OF MINNESOTA ) ) ss. COUNTY OF l/e n ,i e p,•r-) ) The �foregoing instrument was acknowledged before me this ‘2.7----day day of _____6(h l r� , 1994, by CHARALAMPOS MARINOS and LINDA N. MARINOS, husband and wife. • / --t„ LINDA S. VEE �j2 ata J� G/ � 7-1.,\?;-. NOTAPY PUBLIC - MINNESOTA cO a�1E?IN COUNT f Notary Public r. '.Y:y My comrr,issi_n expires 8-12-46 cam_/ ST• - • MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this aq??4 day of .(thIb , 1994, by, Fr/ward -7 Oa U4 h ,,,Z�1nd the by, and Q;fy l-lerl< respectively, of the CITY OF ORONO, a Minnesota municipal corporation, on behalf of the corporation. / CAROLE A. HASEMAN Notary Public 8NOTHENNEPIN COUNARY PUBLIC—MRO�tESOTA TY MY COuutSS:N EXPIRES&2196 THIS INSTRUMENT WAS DRAFTED BY: SCHNOBRYCH & KAUFM , LTD. POPHAM. HAM, 3300 Piper Jaffray Tower 222 South Ninth Sweet Minneapolis, MN 55402 (612) 333-4840 CLB • • EXHIBIT "A" SEGNER PROPERTY Those parts of Lots =14 and 45, "WALLACE'S ADDITION TO THE VILLAGE OF MLNNETONXA BEACH" which lie northerly of a Iine and its extensions; said line being. drawn from a point on the Northeasterly line of said lots distant 100.00 feet southeasterly from the most Northerly 00 feesoutheasterly rom er of said Lot 44 to a point on the Southwesterly line of said Lot 45 distant the most Westerly corner of said Lot 44. EXHIBIT "B" MARLNOS PROPERTY Those parts of Lots 44, 45> 46 and 47, "W.AL.L ACE'S ADDITION TO THE \TII-LAGE OF HENT ETONK.A BEACH" which lie southerly of a line and its extensions; said line being drawn from aP oint on the Northeasterly line of said lots distant 100.00 feet southeasterly Lot 45 r 1 the most feet erly line of said Northerly corner of said Lo44 °Westerly corner of said Loa point on the t 44. southeasterly from the most EXHIBIT "C" PRIVATE DRIVE The westerly 15 feet of Hillside Place, an undeveloped public road right-of-way, dedicated on the plat of"WALLACE'S ADDITION TO THE VILLAGE OF IVfflTNETONKA BEACH", Hennepin County, Minnesota.