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03-13-1978 Planning Packet
A G E N D A PLANNING COMMISSION MEETING OF MARCH 13, 1978 COUNCIL CHAMBERS - 7:30 P.M. I. CURRENT ITEMS A. Action Items 1. 2. 3. 4. 5. 6. 7. Call to Order Roll Call . oi 1077Minutes of Regular Meeting of November 21, 1977 Minutes of Regular Meeting of January 16, 1978 Minutes of Regular Meeting of February 6, 1978 Minutes of Regular Meeting of February 27, 1978 #217 - KJ 1. - -O - D^^ng^ReconsideratiL'^-^If Necessary Data Submitted 8. #317 - Tim Adams - Farm at Long Lake - 820 Brovm Road South Subdivision - Final Plat Approval 9, #334 - George Jackson - 90 Willow Drive South Subdivision - Final Plat Approval B. Work Session Items 1. #359 2. #360 3. #361 - Betty Buesgens - 3067 Farview Lane Wetlands Variance - Bridge Over Wetlands Jc*i Whitney - 780 Old Crystal Bay Rd. S. Subdivision (Planned Residential Development) Sketch Plan Review N. C. McDonald - 1225 Shoreline Drive Variance - Lot Area 6. Width - Side Yard Setback C. Incomplete Items 1. 2. 3. 4. 5. 6. #333 #294 #306 #308 #319 #348 Thomas Lyon - 4790 North Shore Drive JamerMcClea?^ -''3445 Bayside Road - Lacks Additional Data Dredging Application for Stubbs Bay Marina Colpepper Land Co. (Neslund) - 40 Orono Orchard Rd. N. Subdivision (Preliminary) - No Revised Plan Sidney Rebers - 2060 Wayzata Boulevard Subdivision (Preliminary) & Rezoning West Shore Lafayette Bay Association 2440 Old Beach Road - Dredging & Disposal of Spoils Richard Ledstrom - 3405 - 6th Avenue North Subdivision (Preliminary) Agenda Planning Commission March 13, 1978 Page 2 II. COMPLETED ITEMS FOR COUNCIL 1. #352 - 2. #354 - 3. #356 - 4. #346 - 5. #349 - 6. #350 - 7. 8. #353 #355 9. #357 - 10. #358 - Byrdie Robb - 2805 Wayzata Boulevard Rezoning - RR-lB to Industrial Forwarded to Council for Review 3-16-78 Roger Fazendin - 2700 - 6th Avenue North Subdivision (Preliminary) Forwarded to Council for Review 3-16-78 Karl Gardner - 2885 - 6th Avenue North Subdivision (Preliminary) Forwarded to Council for Review 3-16-78 Paul Raster - 2600 Casco Point Road Subdivision (Preliminary) Forwarded to Council for Review 3-16-78 Paul Berglund - 4460 North Shore Drive Variance - Lot Area and Width Forwarded to Council for Review 3-16-78 Kelly Avenue Holding Company Joint Use Dock Application for 1978 Forwarded to Council for Review 3-16-78 Donald Phenicie - 3765 Togo Road Variance - Lot Area & Width, Side Setbacks & Rear Setbick Ray Waterhouse - 132 Chevy Chase Drive Wetlands Variance - Structure Location Wetlands Forwarded to Council for Review 3-16-78 Dennis Platteter - 809 Brown Road North Variance - Stable Setback & Conditional Use Permit For Horses Forwarded to 'Council for Review 3-16-78 Tim Adams - Farm at Long Lake - 820 Brown Road North Variance - Zoning - Shoreline Requirement Forwarded to Council for Review 3-16-78 I FOR P.C. MFC o-S ~ 3-J3-7S' WltLlAM T MLLS vn.i«v immtL: I,''■ : ih ;■ J .V‘V^ m ^ z Long L£ P«: m:r rPPlpmmh.i: V' ..' v‘=-'.-vV * *: :'”'r^"--. ■ !"■ •’* :'A- w"" Pw-jis Hi l2S5i’^4:» l^ig s^sfey 1 '{'^Py.' f' m&mi'iSii y.y.:K'-'iiii ifeiiP • ::^-‘ mm SiKmm-m ►" ■*!#?'••r’i mmm mrnm pi ^.jW ■ -\U •jwKpH^I a*® P#'4isa MSi »i ^ ' ^>1' OflO.YO •’ <> JH)\ 6t, "<'STU bav. V|^^^.so;A -53;.? I’.O. BOX hh tK^SI VL BAY. MISMsot.A 55A23 cn v OF (moxo ivo. m \ »>(, IKVSIU B\^. ViN'OiOIA :<3 ’.‘ Clil'i'ord A. Hale 65 N. Harrington Drive Long Lake, MN 55356 Quammen Lonp J^* Road^ong Lake, mn 55356 Drive 356 n Road 5356 < B\>, VlWlst.ix 55,;. Road 56 CITY OF OIIOXO r.O, BOX 66 CKVSr\L B\V. \ ;5>23 CITY OF OUOXO I’.O. BOX 66 CRYSTAL BAY. MINM SOTA 5532’. CITY OF OUOXO I’.O. BOX tRVSTAl BAA. MISMSOTA .‘.‘3:3 Anna L. P. Oare 12 Westwood Drive Long Lake, MN 55356 Ivan B. Gunsolus Long Lake, MN 55356 ive 55356 % '/ - Street m 55437 lO Road )356 d 56 I : t. »L \ \ CITY OF 0U()\0 I' O. BOX CiaSTAL B\Y. MlNNISOfA Luce Line Indust. Co. 734 E. Lcke Street Wayzata, MN 55391 Kendall A. Mix 7o E. J. Calahan, Jr. 300 Roanoke Building Minneapolis, MN 55402 V. Krogness Route 1, Box 142 Long Lake, MN 55356 Lester S. Kelley 855 Brown Road Long Lake, MN 55356 i-'V \ Co. i: ; V \ \ ^ ITV 01 omo .Y q *‘0. liox »«•. ,,,,, Los ter p t^. Route 2 North Rr. °u'"ch, ^D^ 53 1“:--------- ------------ V • .. f v /. ' ■' ■ ■ c ■'> :< ?y - • ' ^ i j '-• />•• y . •■• I • *• .-fc V;..,-. • .i. r ti - * - • I.. J V— r <-Tl'V OF OKo.vo KO. BOX 6f, tK'MAt BAV. MISnfsota {?• 'J- Otto S5 f^^tertown Uke, MM 553^^ ................ J* ►wa » Duane W. Hutar P- 0. Box 324 Long Lake, MN 55356 < .^ '• V> C'lTV (;f ouo .vo ••O. BOX (.(, l;\V. MINSI mU a ,v<)i \ Joseph E. Plant Route 1, Box 546 Long Lake, MN 55356 /- ■ " I { ' * Pohcrt BirVeland ■ Victlands Variance 1298 V.'ildliurst Trail - Dredging PcrTnit Page 3 u ~ _ 'ju» tta^ i'r--------J After a brief discussion, the Planning Co:’inission recomendcd that Coancil honor the noratoriiun and table this natter pending a resolution to the inoratorium in effect until July 7, 1977. Mr. r>irbeland was infoined tJiat this item would he before tlie Council on February 14, 1977, and he could n'tiuest a decision at that tine. (DUNCIL ?C:i;TING - Fe!>ruar>' 14, 1977 Tabled {K'nding resolution of wetlands roratoriun. Concerned over using dredged material for fill so near tlic narsh and lake. SfAFF - April 6, 1977 I'm enclosing copies of some corjr.inications we received recently, along with Staff response, regarding f!r. r.irkcland's application for dredging and filling. A. Letter from "•ctro Council (John Putford) B. Mr. Birkcland's perri.it application with Amy Corps C. ’V response to ''ctro Council STAFF - February 16, 1978 Mr. Birkeland called and asked that this .application return to Planning Commission for reconsideration. He indicated to me by phone that the dredging proposal would consist, of only maintenance dredging of the existing approved channel. I informed him that it would be best if he would come in and indicate these changes on the old application. If he does this in time to include the issue on the agenda we can discuss it' at the Planning Commission meeting of 2/27/78. He has submitted evidence of approval of the original dredging project back in 1972 and 1973. Copies enclosed (DNR and LMCD approvals). I am also enclosing copies of the Planning Commission minutes of January 17 and February 7, 1977. PLANNING COMMISSION - February 27, 1978 Mr, Birkeland was present Planning Commission revi::wod the proposal. Several issues were addressed and brought to the attention of the applicant. •I 1. • 2. 3. LMCD letter dated June 6, 1977 - Item ?72 specifically states preference of suction dredging in lieu of clam dredging. Ordinances prohibit depositing spoils within 1000 ft. of shoreline. City would consider depositing spoils within 1000 ft. of shoreline if plans are submitted which would indicate proper and adequate protection measures would be followed along with documentation of Robert Birkeland - 1298 Wildhurst Trail Wetlands Variance - Dredging Permit Page 4 (con't) 3. 217 4. operation and recorded procedure schedule under the supervision of qualified personnel. Lack of complete plans - submit revised plans including cross section plans indicating in detail the dimensions (depth, width and length) of existing channel and shoreline and proposed channel and shoreline. Plans should also indicate proposed location of spoils deposit, pi'ojected change in topography, distance from shoreline and temporary and permanent protection measures. The Planning Commission tabled the issue for lack of information and suggested the applicant prepare revised plans and submit plans along with the additional necessary data for further future review and consideration by the Planning Commission. TO: FRai: a\Tn: SUlUHCr: Planning Comission 5 Coiuicil Hank 'Adnch, Zoning A'lministrator September 29, 1977 TI« Fam at l/:)ng Lake - S20 Brenvn Road N. Subdivision - Sketdi Plat ApprovTil yf o i C Tlie City Council is currently considering anending tlie subdivision ordinance. The ai;>ended ordinance, if adopted, will inclr’.de several changes in forms and procedures. Tlie attached form will be rccjuircd for sketch plan approval. iTiis form and attached sketch will be required for sketch plan approval by the Planning Commission. Dm this preliminary review, we should inform ajid direct the applicant as to procedures and requirements such as zoning requirements, wetlands policies and regulations, easement or dedication rotiuirenents, shoreline regulations, various options sudi as PRD, approval of all the various other agencies, legal and engineer ing data required and park dedication fee requirements. If the sketch plan is approved by the Planning Comission, the applicant c^ be informed lie can proceed with the proposal and instructed of the data, conditions and provisions necessary before a preliminary plat can be submitted for scheduling of a public liearing. Previously I conducted the sketch plan review and directed the applicant. I informed the applicant of procedures and requirements and made suggestions which I thought wxiuld be beneficial to both the City and the developer. I would like to suggest ive eliminate this step from our new platting ordinance as it would only delay developers an additional 2-4 weeks. PLANNING CafOSSICN MEETING - October 3, 1977 Work Session. Tim Adams and Bruce Kelley presented proposal. Planning Comnission reviewed sketch plat. Directed developer as to policies,standards, procedures and requirements for platting. Gave special attention to subject of riparian rights. Informed developer that shoreline outlets for use as lake access by inland lots was prohibited. Also informed developer that lot width requirement of 200 ft. was also minimum shoreline requirement for riparian lots. Instructions included policies regarding areas, widths, access roads, landlocked properties, easements, park dedication fees, wetlands, walking paths, etc. STAFF - November 16, 1977 This proposal was first submitted for sketch plan approval on September 20, 1977. The proposal was approved conceptually subject to conditions set forth in our ordinance. The applicant was informed of the standard procedures. Public hearing would be sciieduled upon receipt of all necessary plans and data. A1 has scheduled a public hearing for December 5, 1977. Only six sets of plans were submitted cv; November 14, 1977. Certified list of owners was submitted on November 15, 1977. If I get additional plans as necessary, I will include them in your respective packets. I will also be distributing copies to the various agencies and staff supervisors for their review and comments. The reports as received will be enclosed in all packets. I’m enclosing a copy of the soils report. The one soils map is too large to duplicate for distribution. The Farm at Long Lake - 820 Brow Road N. Subdivision Page 2 n r’"'nr .V / '■ // I - V / (1) (2) (3) (4) (5) (6) (7) (8) (9) PL^.WING CO!r!ISSIQN Ml^iTING - November 21, 1977 present. Planning Coimission reviewed the proposed plat as submitted for preliminaiy approval, lollowing issues were discussed during review: I-ots 1 and 25 (substandard size). Identification of Ix)ts 1 and 25 as outlots bc*cause of substandard areas. Policy VS. Ordinance requiroMcnts in determining lakeshore lots (200 ft. or shoreline as projxjsed). Identify lake access across wetlands with separate outlots. Sciiw\^r^ce)!‘'^" casement on cul-dc-sac from Park Dedication Fee. I^sencnts (consen’ation, flowgc, drainage, utility, road). <lctermination (subject to reports of City Engineer and various before detemining (11) Possible delay of decision due to Holiday season. cancelling next two scheduled Planning Comission meetings if STAFF - November 29, 1977 Received City Engineer report regarding proposal. (Copy enclosed) - Note consents and recommendations. PLANNING COMMISSION MEETING - December 3, I977 Public Hearing held as scheduled. Tim Adams, the developer, vas present. Approxi mately a dozen neighbors attended the public hearing. The Zoning AdMnistrator presented the proposal and displayed the revised plat. The plat coMisted of 2k lots, one outlot, two 60* wide private roads, drainage ease- County Road #6, a wetlands conservation easement am a 33 street dedication adjacent to Dakota Avenue along the vest boundary of toe property. Durl^ the period of review the applicant displayed several alternates on transparent overlays (originals only - no copies for distribution). In reviewing the proposed preliminary plat the Commission addressed the issues after much discussion recommended approval of the preliminary plat subject to the following conditions and a letter from the City Engineer certifying approval of the plan and assurance that the soil conditions of each proposed lo« would support a primary septic system and an alternate location: Jhu CW 2. Alter lot lines between lots 22, 23 and 24 so all three lots vlll meet the minimum two acre area requirement. ^locate access road (Outlot B) approach as per County Public Works Dept, recommenda tlon (approximately 125* east of location indicated on plat submitted 12/2/77). / / i TH3 FARM AT LOHO LAKE - 620 Bitsva Road North Subdivislon <n> 1 i':. Pg 3 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. PjiX)vide 30' latitude on determination of location of approach fi'om County Road ^ (subject to approval of Hennepin County Public Works EVipt.). lot area variance of l/lO acre approved for lot 10 if relocation of approach from County Fload ^ results in lot area reduction of Lot 10. Appjove substandard Out.’ot A subject to assurance of combination with any of adjoining properties. 10' easement to County along north proi*erty bo’xniary abutting County Road §6. 33' right-of-way dedication to the City along east boundary line abutting Dakota Avenue. Drainage easements as indicated on plat (condition - any drainage easeiiient changes resulting from lot line alterations require City Engineer approval), lots 6, 7 and l6 indicated on plan as lakeshore lots do not meet minimXTi 200' shore line requirement (would require variance). Planning Coin!nisslon included the conditions that lot lines between those three lots be altered in such a manner to p>rovide lakeshore for only two lots. Wetlands conservation easement over area along shoreline as indicated on plat. Provisions for access to the lake for the two shoreline lots - 6' wide - location to be determined. Underlying easement to the City of private roads (Outlet B and Outlet C). Certification of on-site sewage disposal systems for all lots. - Each lot contains adequate area of acceptable soils to support an adequate primary and alternate soil absorption system. Title opinion addressed to the City. Park dedication fee (2 acre zoning - 2^ of raw land value - 24 lots). (Total raw land value = $105>400.00 for 24 lots ■ 4,216.67 value per lot @ 2^ » 105.43 per lot Minimum fee is $250 per lot, therefore, $250 x 24 lots equals total park dedication fee of $6,000.) • CITY COUNCIL - DECEMBER 12, 1977 Received letters from the City Engineer, dated 12-8-77, and the Hennepin County Highway Department, dated 12-8-77, relating to this application. The Council reviewed all the Planning Commission recommendations and comments one by one as follows: 1 & 2 have been changed by the applicant w/a revised plan 3 has been addressed by the County letter 4 is no longer applicable 5,6,7, & 8 approved per Planning Commission 9 - The 3-lot lakeshore frontage was conceptually approved providing the applicant makes an official application for lot width variance and that the conservation easements exclude dock access from the narrow lot. 10,11 & 12 approved per Planning Commission 13 approved by the City Engineer's letter 14 & 15 approved per Planning Commission 16 added to require two separate homeowner's association agreements 17 added to require a standard developers agreement I ™bdi$ulOT Page 4 dJ:u '"• X J }7 general drainage flow and structure calculations. Council thereby approved the preliminary plat. STAFF - March 2, 1978 Developer is reapplying for approval of the final d1 ar reviewed bv fbo Pinn«-Jr,r. • • . ^^nai prac. This item wastevicwea oy the Planning Cotranission at their meeting of 9 97 7q ..enough informa^^r.« 'Tu« r,* 1 1 iiiLccing or l-lz-lo without alonl „Uh the sho^-e.^o varlLc" plat approval should actually be listed ,m*^ itc™ «:7 i'" c Planning Coatnisslon with a separate request for thrLbjeervaria^e!’* Developer submitted following additional material today: 1. 2. 3. 4. 5. subdlvLLn.'^'"'^ Engineer’s, Greg Frank, comments on proposed flowage easemont^-*^nasr**-' ^d’^^cate conservation and Exhibit N - Aerial vlew “iurpUroverlay'^-*mlri''d-‘'T''*‘ location and sizes of wetlands na«?riiro \ * This indicates approximate Exhibit 0 - Copy of title opinion. pedestrian easements. Exhibit P - Copy of letter to City Attorney. 6. Hderf' L:e?o°p"Ltarr:,^:es1:d ^nfldentlal. I „ni nor be forwarding a copro^”hls®tryou" The one copy submitted by the develooer is in ^b« f?i r ^ at my office. (I am hownuo.- r ^^5 your review T^is is section #II^h?crdeI{s wUrso?f the rider. for soil tests. This gives us a conditions and provisions to soil conditions and septic systems!) «S“>-3nce In relation 7. fn1‘L's%men'ts?"'' <>* Covenants, Conditions Restrictions I'm enclosing the above data along with the progressive staff rnnn for reference. --Check conditions listed on “ report by the Planning Commission (12-5-77) and Council (12-12-77^ enclosed new material fan _ _ , . \ /1 } • The e'ondutonr'' -d'sat'lsf; t^^s% jfC ^ -I’J**-. 1. . THC JARM AT LONG LAKE - 820 Brown Road North * Sub'division Page 5 I will be fonvai-ding this material on to the City Attorney and Engineer and ask for comments relating to the conditions which have not as yet been met. '' I will be requesting some direction and clarification on the questionable issues such as pedestrian casements, extent of use of casements - overlapping easements - riparian rights - dock use and location - ptovisions for changing casement use or rights. i I }uck LAW orncrs #31 >.MO^ OC>»4Ano MClvIN M. 5>tGCL S«ONCr lOniSCR SlO*4C^ BAHOOWS MARO lO O. riCLO.jR. AtUCN ISACAS MORRIS M SMCPMAN OI OROC RCILLT MIC MAC*. A. SWiR»40rr OAVI O N. C O K S’CTHCN R. rtlaum C marl CS a . mays nancy C.ORCHCR tOWCLL J. NOTLBQOM CCORGC r. McGU N N IG I c. jR. rnccRiC f. ROSCNBL at T STtVCN O.OCRUVTtR LEONARD. STREET AND DEINARD i?00 national C ity dank building •iio maroucttc AvrMue MINN tAPOLlS. HINNtSOTA 5b402 TCLCRHONC <G 12) 339* 1^00 CABLC ADDReSS"tCONO “ March 1, 1978 STCRMtN J DAVIDSON STLR mCN R liiman OAViOC /ALK t O AA RO M MOLRSf’Ci.CCR ROHLRT iCWYiS barrows riOON J S»*LNCCR. ^R, mu GM m mavsaro M rAtRiCiA SCMArrCR MiCNACt A.NCMICH O RC GORY L OAML GcoRoc a itosARo *aTMU*> I H S^RtCT t o/7>t»ai| HCSIDICT DL <SARO levs- 19691 or counsel IRCNC SCOTT ^ • Bruce Malkerson, Esq. Popham, Haik, Schnobrich, Kaufman & Doty IDS Center Minneapolis, Minnesota 55402 Re: The Farm at Long Lake Dear Bruce: I am writing in accordance with your suggestion, and with reference to our telephone conversation of March 3, the draft of the letter I prepared in accordance with that conversation, and as updated by our telephone conversation of this morning. You and I have discussed the fact that at Orono Planning Commission/ City Council meetings, there occurred some considerable discussion between Tim Adams, epur client and general partner of the development partnership developing the above captioned land,and Commission/ Council members regarding "riparian rights", and the need to restrict the same witli reference to Long Lake. It is your and my understanding that "riparian rights" means the rights to build and/or share in the use of docks, and the rights to launch, retrieve, TOor and store boats on the lakeshore. You and I agreed that it ^^®stion (to be decided by the Planning Commission and whether it is appropriate to allow residents of this subdivision the right to walk down and along the lakeshore and en3oy the same in such manner, provided the other riahts de- scribed above are not granted. Assuming that the Planning Commission and Council decide that It IS so appropriate to grant such rights, you and I then discussed what would be the best means of achieving these ends. It was mv suggestion that section 2 of the declaration of protective covenants covering the entire subdivision, which creates a pedestrian easement to the lakeshore, be amended to state specifically: (A) The right granted is for pedestrian access to and from the shore of Long Lake, and for no other purpose; and i Bruce Malkerson, Esq.-2-March 1, 1978 (B) Provided# however# that no iinprovomonts of any kind • • onstructed in the oasomont area wit’ . municipal approval. The latter point will prevent the construction of docks in the easement area (except as is specifically permitted for the three lot owners whose lots front on Long Lake) . lot owners who will have actual lake frontage would then still be able to construct one dock each by utilizing the remainder of their frontage, which is outside of the pedestrian easement area. You then suggested that there be an affirmative municipality of all rights to construct docks ' and moor boats in front of the lake lots, except as reserved for the benefit of these three lot owners, as to ^heir own respective lots. X suggested that this could be included in the flow- aqe^easement already prepared. The above language would Prevent any other homeowners in^the subdivision from being able to launch boats, moor boats, maintain a dock, or share in the use of the same# however. You agreed that the foregoing was the appropriate vehicle to use and suggested that our discussions be recorded at this Doint in time for your benefit and the benefit of the City llflciair Yoi felt that Lither your office nor ours should consune more time in attempting to draft such appropriate J®®^“^^^y®coun-il^ until such time as the City Planning Commission and the City Council had made the decision that they wished to so restrict usage of the lake by owners in the subdivision. Once that poll y decision has been made, we would then proceed with the drafting. Regards, LEONARD, STREET AND DEINARD Ste Pflaum SRP;sa cc: Mr. Hank Muhich# City of Orono Mr. Alan Olson, City of Orono Mr. Timothy Adams 5^7** 77'THE FARM AT LONG LAKE 820 Brown Road North Long Lake, Minnesota 5535 #317 March 7, 1978 Mr, Jltn Olson Bonestroo, Roscne, Anderlik £ Associates. Inc. 2335 Highway 36 St. Paul, Minnesota 55113 Dear Mr. Olson: ^ At the request of Hank Muich, I am fonvarding a copy of our engineer's drainage calculations as requested by the Orono Council at the time they approved the preliminary plat of the Farm at Long Lake. As additional background, I am enclosing those pages from our Purchase Agreement detailing the improvements the developer has undertaken to con struct for the buyers of the proposed lots. With the concurrence of Planning Commission and Council Members, we are providing for 2 private driveways In keeping with the 'rural" development image and the existing topography and environment of the property. Homeowners will be responsible for their own private water and sewer systems, and storm drainage will be accommodated with the proposed easements. I am also enclosing for your file copies of the "driveway profiles" as prepared by our engineer last December. This morning, Bruce Kelley provided me with further specifications for the 3 new culverts. West Farm Road (1) Major culvert in creek bed - 98' of 2^*" C.M.P. 2 apron end sections 2A" C.M.P. (2) Drainage culvert west of farm buildings - 36' of 12" C.M.P. 2 end sections 12" C.M.P. worth Farm Road (1) Drainage culvert connecting drainage easements on west property lines of Lots 6 and 8 - 36' of 12" C.M.P. 2 end sections 12" C.M.P. If you have any further questions, don't hestlate to call (378-0837). Sincerely, A~ Timothy Adams TA;mv End. cc: Mr. Hank Muich r J-2 -7Sr AMOft &. OCINAOO MCLVIN H S'lOGL S'OMCV tOOOCM S'ONCV BAMMOmtS mamolo o r It I o. j». AliCN I %ACKS morris m Sh CRMAN GtOROC RCILCT MiCHACi. A SWlRNO^r O AVI ON COM STCRMCN R PrtAUM CHARtCS A. MAYS NANCYC OHCHCR LOWCLt J NOTCBOOM OCOROC r. McOUNNiOLC. JR. rRtORiC T. ROSCNQLATT STCVCN O.DIRUYTCR GAw orricrs LEONARD, STREET AND DEINARD l?00 national city bank auiLOiNO sio mapoucttc avcnuc MINN TAPOLIS. MINNCSOTA 5 5 <4 O 2 TCtCPHONC (012) 339* i?00 CABLC ADORCSS ^ltONO** January 25, 1978 STCPmCN J. DAVIDSON StCPl^CN R (.IfMAN OAVIO C 7ALM COiAAflOH MOCRSrrLOCR ROeCRT ICVYIS barrows CLOON J. SRCNCLR. JR. HUGH M MAVNARO M PATRICIA scHArrcR MICHACL a . NCKICH O Rf. GORY L. OAHt GCORGC B tCONARO (iB?2*lBSBI ARTHUR L.H.STRCLT (ISTT-IBBI) BCNCOiCT OCINARO iRAB) 09 COUASCi IRtNC SCOTT City of Orono, Minnesota Attn: Bruce Malkerson, Esq. c/o Popham, Haik, Schnobrich, Kaufean & Doty A344 IDS Center Minneapolis, Minnesota 55402 Re: The Farm at Long Lake Gentlemen: We have examined title to that certain land situate in the County of Hennepin, State of Minnesota and described in Exhibit A hereto, by aid of a Registered Property Abstract covering Certificate of Title No. 472405, dated December 30, 1971, and originally registered August 19, 1931, and last certified to by Title Insurance Company of Minnesota on December 21, 1977 at 7:00 a.m. Based upon examination of said Registered Property Abstract and upon the files and records in said County and State, it is our opinion that title in fee on December 21, 1977 was vested in JOHS M. HARTWELL, a married person, subject to the following: 1.Mortgage and Assignment of Rents, Profits and Sales Proceeds, in favor of First National Bank of Minneapolis, a national banking association, dated August 25, 1977 and filed August 31, 1977 as Documents Nos. 1235285 and 1235286, to secure a debt in the original principal amount of $125,000. 2.Interests of Timothy Adams and Mary S. Adams as lessees and op tionees under an unrecorded lease with option to purchase dated June 28, 1969 and an extension and modification thereof in a Memorandum of Lease dated August 31, 1972 and filed September 14, 1977 as Document No. 1237292. Said interests extend to the land described in Exhibit B (which land is withir& the land described in Exhibit A) and to a driveway easement over land not within the land described in Exhibit A. 1 City of Orono, Minnesota Page No. 2 January 19, 1978 3. 4. 5. 6. 7. 8. 9. 10. 11. NOTE: Interests of The Farm at Long Lake, a Minnesota general partnership, John M. Hartwell and Timothy Adams, sole general partners, under an unrecorded Contract for Deed dated August 25, 1977, in the original principal amount of $130,000. Said interests extend to the land described in Ex hibit A, except the land described in Exhibit B. We under stand that upon filing of the plat for the subdivision The Farm at Long Lake, Timothy and Mary S. Adams will quitclaim to the partnership The Farm at Long Lake all rights to land in the subdivision and, in exchange, will receive Lot 15 of the subdi vision, which is the Adams homestead. Highway Easement In favor of the County of Hennepin, dated July 3, 1954 and filed August 25, 1954 as Document No. 432938. Said easement is along the northerly boundary of Parcel 2, Exhibit A. Hennepin County State Aid Highway Number 6, Plat 5, dated September 1, 1970 and filed September 1, 1970 as Document No. 976842. Said plat relocates the highway easement along the northerly boundary of Parcel 2, Exhibit A. Real estate taxes payable in the year 1978 in an amount which is not yet available. Special assessments and deferred installments thereof, if any, heretofore levied against the described property, prepayment of which is not yet enforceable. Building and zoning laws and regulations. You should assure yourself that improvements are located on the described property and that there are no encroachments thereon. You are, of course, charged with the rights of parties in possession, whether as tenants or otherwise, and of materialmen and laborers who have furnished material and performed work on the described property within the last ninety (90) days. The Owner's Duplicate Certificate of Title is in our possession. Proceedings Subsequent to the Initial Registration of Land (Case No. A-18958)were commenced on January 25, 197b to amend the legal descriptions in Exhibit A as follows: a.To the end of the legal description for Parcel 1 add **a part of the north line is monumented by Judicial Landmarks set in Torrens Case No. 12396." City of Orono, Minnesota Pace No. 3 January 19> 1978 b. To the end of the lecal description for Parcel 2 add **a part of the west line is moniinented by Judicial Landmarks set in Torrens Case No, 12396,** The above additional language should be used on any future conveyancing docu ments. The pending proceeding also prays for the extinguishment of the high way easement mentioned in comment 4 above. Very truly yours, LEONARD, STREET AND DEINARD Hugh M. Maynard HMlt; ms Attachment cc: Mr. Timothy Adams Mr. John M. Hartwell :i EXHIBIT A Land Covered by Certificate of Title No. 472405 Parcel 1: That part of the fractional South-east quarter of Section 27, Township 118, Range 23 beginning at the Southwest corner of said quarter section and thence running east on sec tion line to shore of Long Lake, so named; thence northeasterly along the shore of said lake to the east line of said section; thence north on said east line to a point situated 13.94 chains north of the south line of said section; thence west parallel with the south line of said quarter section to the west line of said quarter section; thence south 13.94 chains to place of beginning containing 55 acres more or less. Parcel 2; That part of the Southeast Quarter, Section 27, Township 118, Range 23 described as follows: Beginning at a point on the East line of said Section 13.94 chains North of the Southeast corner thereof; thence West parallel with the South line of said Section, 17.85 chains; thence North parallel to the East line of said Section, 13.07 chains; thence South 59 degrees East (assuming the East line of said Southeast Quarter as bearing North and South) 10.75 chains; thence South 64-1/2 degrees East 5.08 chains; thence North 88-1/2 degrees East 4.06 chains to the East line of said Section; thence South 5.91 chains more or less to the place of beginning. I ‘ 1 ; i » ,• • < .• .* '^v\. : * • • •.:»• .V * V i ' • V* V-* * .. ■ k n . ‘. • EXHIBIT B Land Subject to Memorandum of Lease dated August 31, 1972 and pvpppted from'Contract for Deed dated AujiugJL.^ IILL.- That part of the fractional SE 1/4 of Section 27, Township 118, Range 23 described as follows: Commencing at the Southwest corner of said SE 1/4 of Section 27, thence East along the South line of said Section a distance of 1525.5 feet to a point, thence North alon® a line drawn through said point at right angles to said South fection line a distance of 200.0 feet to the point of beginning of the tract of land to be described, thence South a distance of 200.0 feet along said line drawn through a point at right angles to said South Section line to a point on said South Section line, thence West along said South Section line a distance of 328.5 feet to a point, thence North along a line drawn through said point at right angles to said South Section line a distance of 280.0 feet to a point, thence East along a line drawn through said point at right angles to said last described 280.0 feet line a distance of 207.8 feet to a point, thence along a line drawn through said point Southeasterly 144.9 feet to the point of beginning and there terminating. Together with the right of view and access to Long Lake L. # Q -I >7jL 0McCOMBS-KNUTSON ASSOCIATESTlNC^ I^V CONSUlTlVG [%GI\URS ■ IA\D SURVEYORS B SITI PLA'.URS slitMisAlkK fXf^fSir- u December 8, 1977 o)l(§illlflTn 107- • • - Hank Muhich City of Orono P.U. Box 66 Crystal Bay, Minnesota 55323 VTuLAGZ Cr CPCNO Subject: The Farm at Long Lake Dear Hank: We have reviewed a revised preliminary plat on the subject project. The preliminary plat included drainaae easements, a dedication of 33' of right-of-way along the length of Dakota Avenue, proposed drainage patterns, the locations of drainage structures and a centerline road profile. With respect to the submittals, we have the following comments: 1. Some relatively steep road grades are provided (in excess of 7%) on both West Farm Road and North Farm Road. One could expect considerable washing if a gravel road is proposed. We would not recommend slopes over 6% on City streets, but our understanding is that the proposed streets will be private. The developer should strongly consider blacktopping, but we will not require it at this time since the streets will be private. However, we do recommend that the drainage ditches adjacent to the street be sodded and check dams be provided to control erosion along the roadway. s 2. We have reviewed the Hennepin County soil maps prepared for the subdivision. Although some slopes are excessive (in exc of 12%) and some Glencoe and Hamel soils are present, it appears that each lot has ample suitable soil for an on-site treatment systems. 3. Hennepin County lias expressed some concern relative to the location of the intersection of North Farm Road and County Road 6. The Council's approval of the preliminary subdivision should be contingent on Hennepin County's approval of the intersection. 12805 OLSON MEMORIAL HIGHWAY. MINNEAPOLIS, MINNESOTA 55441 TELEPHONE 16121 559-3700 22 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 65350 TELEPHONE 1612) 879-8029 SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (5071 532-5820 on rccyc'eA pBOff ..4 J * I' Hank Muhich December 8, 1977 Page Two „ ► JL 4. The proposed drainage structures were not sized in the submittals. Before the final plat is approved, we recommend that the applicant's engineer submit drainage calculations and detailed plans for our review. If you should have any questions, please advise. GF:ts rj'if»*ed o»7 rccyrUd j Pi‘]5lic Works Phone 935-338t 320 Washington Av. South. Hopkins. Minnesota 55343 A T-IT » J HGNNePIN COUNTY December 8, 1977 Mr. Henry F. Muhich Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota Dear Mr. Muhich: 55323 ojmmii n ■I! . i I 'J « At \ / • • • #RE: Proposed Plat - "The Farm at Long Lake" CSAH 6 - South side at Dakota Avenue Section 26, Township 118, Range 23 Hennepin County Plat No. 600 Review and Recommendations Thank you for submitting this plat for our review. We reviewed the proposed plat and have the following comments: 1. Reserve, for road purposes, an easement 10 feet wide, south of and adjacent to the south right of way line of CSAH 6. 2. The proposed new access road from the plat to CSAH 6 Is acceptable. However, the access must not be located more than 35 feet west of the inplace field entrance. 3. The developer must apply for and obtain an approved entrance permit before beginning access construction. Entrance permit forms are available from our Traffic Division. 4. All lots must have access to the proposed city street. Individual direct access to CSAH 6 will not be permitted. 5. All other construction within county right of way must receive County Engineer approval prior to beginning construction. This includes, but is not limited to, drainage revisions, utility construction, trail development, and landscaping. 6. All areas within county right of way that are disturbed during construction must be restored by the developer. Please direct your response or questions on the above comments to Douglas Mattson at this office. ^incerely, . ^ 0. M. Wold, P.E. Chief - Planning & Prograiming Division cc: Tim Adams, Developer JMW:DBM:rm Minorities. Women and Other Protected Classes ate Encouraged to apply tor Emplorrnent at H&nnepm County ^8^ ~3~Z-78' tAw Ounces r/r/£ apifiiou £XHl3l r~ o AMQ% 5 OC»*- *»0 MliVIN M SilGITi. &(ONCV iC«BC« Sl&NCT UAMWOVWS HA MOi o o »«r I o. j». Al i CN • •.AC*' » MOMHIS M.^h CWMAN GCO*>OC *>CM.tY miC hacc a s^iRHorr OAVIO N COA &1CRHCN R. prtAUM CHA*>i C S A. HAYS NAHCY C C3»»CH IC wmCIL j. notchoom OCOROC f, He Go N N »G I C . J fRlOR'C T. RC SC NOL AT f g*TCVlN r.DlRUfTCR I KONARD, STREET AND DKINARD l?00 national city BANA BUILOtNG sio maboulttc avcnuc MINNEAPOLIS. MINNTf^OTA SSA02 TCICPNONC IBI?1 333-1^00 CABLC ADOMTSS"’. CONO* J.inuary 25, 1978 STCr^'CN J OAVIDSOM STC»*MtN • I.ITMAN DAVID C J ACA IOY.AHO M.*-'OCRSTClOC« R0I»C«T ICY^IS OARROWS fiOON J. S^CNCCR. JA much M. m at N a RO M TaTR iCIA SCMAlfCB MIC HAC I A. Nt rich OOf GORY L.OAMI. occ*«oc • icosAAo |ieT»«i»tsi • RT muR t.H STNl CT I'STT-iSeil HC««fO«CT ot IS A»0 C ess- 'RA •> oi' coi.».^ri 1 H r N C SCOTT 1 City of Orono, Minnesota Attn: Bruce Mnlkerson, Esq. c/o Pophara. Halk, Schnobrich, KaufiTwm & Doty 4344 IDS Center Minneapolis. Minnesota 55402 Re: The Farm at Long Lake Gentlemen: We have examined title to that certain land situate in the County State of Minnesota and described in Exhibit A hereto, by aid of a Registered J^op'r?, Abstract covcrlag Certificate of Title »» 472405, 1971, and originally registered August 19, 1931, and last certified y Insurance Company of Minnesota on December 21, 1977 at 7:00 a.m. Based upon examination of said Registered Property Abstract lfP°" and records In said County and State. It is our opinion that title in fee on December 21, 1977 was vested in JOHN M. HARTWELL, a married person, subject to the following: 1.Mortgage and Assignment of Rents, Profits and Sales Proceeds, in favor of First National Bank of Minneapolis, a national banking association, dated August 25, 1977 and filed August 31, 1977 as Documents Nos. 1235285 and 1235286, to secure a debt in the original principal amount of $125,000. 2.Interests of Timothy Adams and Mary S. Adams as lessees and op tionees under an unrecorded lease with option to purchase dated June 28, 1969 and an extension and modification thereof in a Memorandum of Lease dated August 31, 1972 and filed September 14, 1977 as Document No. 1237292. Said interests extend to the land described in Exhibit B (which land is within the land described in Exhibit A) and to a driveway easement over land not within the land described in Exhibit A. City of Orono, Minnesota Pace No. 2 January 19, 1978 3. 4. 5. 6. 7. 8. 9. 10. 11. NOTE: Interests of The Farm at Long Lake, a Minnesota general partnership, John M. Hartwell and Timothy Adams, sole general partners, under an unrecorded Contract for Deed dated August 25, 1977, In the original principal amount of $130,000. Said interests extend to the land described in Ex hibit A, except the land described in Exhibit B. \'e under stand that upon filing of the plat for the subdivision The Farm at Long Lake, Timothy and Mary S. Adams will quitclaim to the partnership The Farm at Long Lake all rights to land in the subdivision and, in exchange, will receive Lot 15 of the subdi vision, which is the Adams homestead. Highway Easement in favor of the County of Hennepin, dated July 3, 1954 and filed August 25, 1954 as Document No. 432938. Said casement is along the northerly boundary of Parcel 2, Exhibit A. Hennepin County State Aid Highway Number 6, Plat 5, dated September 1, 1970 and filed September 1, 1970 as Document No. 976842. Said plat relocates the highway easement along the northerly boundary of Parcel 2, Exhibit A. Real estate taxes payable in the year 1978 in an amount which is not yet available. Special assessments and deferred installments thereof, if any, heretofore levied a-isinst the described property, prepayment of which is not yet in'yrceable. Building and zoning laws and regulations. You should assure yourself that improvements are located on the described property and that there are no encroachments thereon. You are, of course, charged with the rights of parties in possession, whether as tenants or otherwise, and of materialmen and laborers who have furnished material and performed work on the described property within the last ninety (90) days. The Owner's Duplicate Certificate of Title is in our possession. Proceedings Subsequent to the Initial Registration of Land (Case No. A—18958)were commenced on January 25, 1978 to amend the legal descriptions in Exhibit A as follows: a.To the end of the legal description for Parcel 1 add "a part of the north line is monumented by Judicial Landmarks fset in Torrens Case No. 12396. w- i City of Orono, Minnesota Pace No. 3 January 19, 1978 b.To the end of the legal description for Parcel 2 add a part of the west line is inoniiinented by Judicial Landmarks set in Torrens Case No. 17396.'' The above additional lancuace should be used on any future conveyancing docu nents. The pending proceeding also prays for the extinguishment of the high vay casement mentioned in comnent above. Very truly yours. LEONARD, STREET A1\D DEIIJARD By Hugh M. Maynard KMM:ms Attachment cc: Mr. Timothy Adams Mr. John M. Hartwell I i * . L nXHIBIT A Land Coverod by Certificate of Title No. 472405 Parcel_That part of the fractional South-east quarter of Section 27, Township 118, Range 23 beginning at the Southwest corner of said quarter section and thence running east on sec tion line to ! bore of Long Lake, so named; thence northeasterly along the shore of said l.ake to the east line of said section; thence north on said cast line to a point.situated 13.94 chains north of the south line of said section; thence west parallel with the south line of said quarter section to the west line of said quarter section; thence south 13.94 chains to place of beginning containing 55 acres more or less. Parcel 2; That part of the Southeast Quarter, Section 27, Township 118, Range 23 described as follows: Beginning at e point on the East line of said Section 13.94 chains North of the Southeast corner thereof; thence West parallel with the South line of said Section, 17.85 chains; thence North parallel to the East line of said Section, 13.07 chains; thence South 59 degrees East (assuming the East line of said Southeast Quarter as bearing North and South) 10.75 chains; thence South 64-1/2 degrees East 5.08 chains; thence North 88-1/2 degrees East 4.06 chains to the East line of said Section; thence South 5.91 chains more or less to the place of beginning. 1 i :ji EJCMBIT_B Land Subject to Meinortindum of Lease dated August 31, 1972 and _ _excepted from* Con tract for Pcpd da ted^ August _25_, __ That part of the fractional SE 1/4 of Section 27, Township 118, Range 23 described as follows: Commencing at tl»e Southwest corner of said SE 1/4 of Section 27, thence East along the South line of said Section a distance of 1525.5 feet to a point, thence N'orth along a line drawn through said point at right angles to said South Section line a distance of 200,0 feet to the point of beginning of the tract of land to be described, thence South a distance of 200.0 feet along said line drawn through a point at right angles to said South Section line to a point on said South Section line, thence West along said South Section line a distance of 328,5 feet to a point, thence North along a line draw^n through said point at right angles to said South Section line a distance of 280,0 feet to a point, thence East along a line drawn through said point at right angles to said last described 280,0 feet line a distance of 207.8 feet to a point, thence along a line drawn through said point Southeasterly 144,9 feet to the point of beginning and there terminating. Together with the right of view and access to Long Lake. AMOS S OCtN ARD MttVIN H. S'COCL S'DNCT tORHCR S»ONC» OAMOOWS HAROLD O riCLO.jR. ALICN I. SACKS morris m. Sh CRM an OCOOGC RCllLV MICHACL A SwiRNOrr DAVID N. COX STLRHCN RRCtAUM CHARLC S A. MAYS NANCT C.ORCNCR LOwCLl J. NOTf. HOOM GLOROC r. M< Gu *G I c. ^R. CPCDRlC T. ROSCNRLAIT STCVCN O.OCRUTYLR t AW 0» ^ IC C 6 LEONARD. STREET AND DEINARD • ?00 national CitY bank buuding s»0 MAROUtItC AVrNOt M I N N EA PO LI S. M I N N E S O TA 55^02 TClCPMONC «©I?»339 «?O0 CAHIC a DU M C S S **L t O N O*' February 21, 1978 ~3-Z-7f- une.K TO cm m. P STCR^^CN J DAVIDSON S T L •> M C N R LI^MAN OAViG C /ALK c C WA RON MOLRSrCtDtR NOtlLRT lC«<Vi5 UARROWS CIOON J Sf*rNCCR. JR. much M maynaro m.patri C'A HCMArrcR MICHAEL A. MLKICM ORE GORY L OAHL Ol B ifCS*MO I t>?f*ir«ssi AmTmuR i.H S’RtCI li®fT’'®®ll HfNrO'Ct CC>**AOO o* t OU*>S^ CL IR L N C SC OT T Bruce D. Malkerson, Esq. Popham, Haik, Schnobrich, Kaufman & Doty, Lt<3. IDS Center Minneapolis, Minnesota 55402 Re: The Farm at Long Lake Dear Bruce; In accordance with our discussion last week, I am enclosing herewith the documentation we have prepared for Tim Adams covering the above-proposed subdivision. For your reference, the documents are as follows: 1. Declaration of Covenants covering the entire subdivision, and including several private easements for the benefit of homeowners in the subdivision alone. 2. Preliminary plat and a copy of Tim Adams* sketch locating approximately the proposed easements described in the declaration. (Bruce Kelley of Clark Engineering will prepare a new survey, showing all of the easements on the Adams sketch and contained in the declaration, upon com pletion of the proceedings subsequent this week. Upon the preparation of same, we will forward to you a copy for your file.) 3. Utilities Easement — this deletes the standard language from your declaration regarding dedication of streets, in asmuch as the streets are private. Otherwise it follows your format. 4. Conservation and Flowage Easement — this permits contin uance of the pasture land use of the flowage easement area. Otherwise, it follows your standard format. Bruce D. Malkerson, Esq.-2-February 21, 1978 5. Declaration creating private roadway easement for North Farm Road. 6. Covenant for maintenance of driveway easement covering all the users of North Farm Road. 7. Declaration creating privat-,: roadway easement for VJest Farm Road. 8. Covenant for maintenance of driveway easement covering all the users of V7est Farm Road. 9. Title opinion to the City of Orono covering all of the land to be platted as The Farm at Long Lake. Finally, you asked that we outline for you the work that Tim Adams has agreed to do in connection with the development of the property. My understanding is that he has agreed to do the following, which should be incorporated in your development agreement: 1.Grade and pave North Farm Road (Outlot B) commencing in June of 1978 and completing the same (except for final surface coat) on or before September, 1978. 2.Grade and pave West Farm Road (Outlot C) commencing at a point 600 feet east of the western terminus thereof. Work is to commence upon West Farm Road when building permits have been issued on nouses to be built on at least two of the following lots: 12, 13, 14, 16, 17, 18 and 21. The work is to be finished in a timely fashion thereafter. 3.Sow and raise grass aiitable for erosion control in the graded areas on either side of the road beds of North Farm Road and VJest Farm Road. I am aware that Mr. Adams has had a number of discussions with his contractor and with the City consulting engineers (McCombs-Knutson Assoc iates, Inc.) regarding the above work. If you require a greater degree ol preciseness as to the road work, I believe Mr. Adams can provide the same. If you require any additional documents or language, I assume you will be in touch with us. My understanding is that Mr. Adams is to make final Bruce D. Malkerson -3-February 21, 1978 presentation to the Planning Coimiirfsion on February 27 and he is required to have all papers approved by you by March 8 in time for a Council meeting on March 16. I would appreciate your inform ing me whether these deadlines cause any problems for you. Very truly yours. LEONARD, STREET AND DEINARD Stephen R. Pflaum SRPtsa Enclosures Mr. Timothy Adams / iMl I*ia ?» <>v TO iMMi: mmm^. liy^ /V Siftts ■■•:% ■"is^ •' • -v •-.1 ■ •c I** •* t * * V * • ^ ; A. ^ •‘^; - f> **JV'?. V-; H;*«r « % • ^ -i . : » V •'tf-. c.^ If >' r. ‘ ^ wr . V - .^p- • • k • I .r • H' ‘* / v^:• Y.. ' •■ ^■<'1 ■ V.3 !ii'e • > • *''T • *r/i'i * •^. V .jsk aV7m S:?: » MM »IB mm r^?rtni-^ »^3pp^ %fS"o . ^ '^‘TSi SI t:^. ‘ ^ <$'^7' li. I?.‘ |£W^ wab*^ "S: ■-* i mm Ai*- • '•S >/' / \ -^^n:^.- CV ; * f ♦ » ' '•'>M Y''t • /'44* V • V ,v? •i.>,ycw^ :’^wlp ^‘;ri .T-’rvr.\»... -mmgmmm » t'l;/j£*.-fe-i m%.m II?e Pi' 'A?^!W - -t 21 15i4iJ?j;9 J. •»#"'4 m, bar#|i m ~wfr -m. ■i fc V../«iVC« •n. •C'.' j r-.-J hs..' iJ • I >;^N‘ mm , V ,^V*. * Tm >-,5t*^.V C ‘ >v%< f » -V ' ' \»*u ^ k- yCy’Hk*: • W:g' 1**1 Sii '~^V, fe£ »vf ■^31 5::,i m wm mi »j<w.ffA«^>A!‘.W jdSi^\‘^'-* 0^.}* ■ ^ V ^ %i ■> fr-v•'V}' • 4/5 j ^ ^ ®? xJv ^;.viB '^i!- mmmi >1^11 <■1:ll!^^iMPSilts !S<;i)<m^ m, r-mmM 0fmM^mki ..y^',iL’ »m fc. -.vg. ^’4 ^ / :; *i I fc A FKW*»as i. t^ M *'r i^ii mm X m. < fi '^' .iVr*' iV gii. I » / / J t ’ ‘ i ^ ^ ^ .‘**Vi‘-. ••^ '* » V'‘ ;^/f/! ‘Wh v*'«fl t .%y .'j;*V'CV . ' T V"’'v 11 ■Miii 7i •*.«• 1%M IS S?S5'\ •W I'W''' (?n;3r'viTwsa'S:::ir--KgaiiSl^'f • II »#' rTTf A'-.-f: .Hi AJlM.f • M. KHChr the 5Uir CIU <n «M ....Cit County on sKavfrs, 1 r.xtiiKs, with), V 2»or, bill all of wh ^bich thi Haffic-st n the b. terins and ij Subject I (ID !k> i (a) Bci (b) Rr (c) Rti (d) Uti (c) Kif and thet Abiiiaci ten aUtmed 10 c \%fifinjc or d( coriraion of lo the b.jjcr. Uwk a>icciiitni !^b All :nnnc>- ili and taid bu)c urininjiic this ibtir (i*«(>cuix ihc fi.cbi of t in tnfoue xut II IS u sj;:ned J.i tni i ihis coritraa. The dclivcr>‘ c 1. ihe undr the above apics Ti!E FARM AT General Part Timothy Ad >sv.c,.-A;. v\. ^. ;yi>-:-._>• -'. V..IA-.;' '%v»l ' .5 0V f .^.ji:. '.)M f » •*• • ,-.* > ^ C-‘i''5-.;- »m vVrv f"*..' , . ’ d^K r-T » t |a5 V' Pi ."’r'd-'. n":-r%\xV, V ^V»v / * /.<V t v»;k5r timirJ m » jm mi 0m m j ’ p e o J < u M^ o j q I AJ .r»ri. .,J.i.jjg PURCHy\SE AGREEM1:NT J'iNK -It! j> f r • Jt^ct ipi H,^-..V - 3 -i -78' Long Loke,......... Mi f7^ll.'3 T~ 61 litCKiVhi) OK i^ic sum of.................................... check (Cl ev. Ck»h t.f NVu- 5i‘*te WhTrb) .....ty of Orono Coumy of .Hennepi n *•*«•............................................. 1978 .. ..................................................................... (5...............’.........) DOU-ARS ns C.tfnc-jr iiiu.-.lj- and in j-art j'.i);nint for tlie piitchase of J-jo^'iiiy at ....................................................................................... ' • ........................... S!ti .'tied in i?iC .....................................................> ^‘hnnrsora, .ind li^.illy drscf iIk dy>:^:Ii;>.*.X;<>:xiC on J.xhibit A nttnched ht^roLo .ind i ncoi,iKornted heioin by reforenoG. e •- J '7'* '■ ^ '' ''^ • " ■'•! ':« f- -Ik, •,!••;:; 6, _;s, dv'n-.! -.Mt- M.a.lts, Hii.ils tM«.:,;«g v/nu;3nJ^in,)5). i-,„i,un ((,b, r.xfiifcs, ho: v<aur tanks and h “ with), uaicf snficncr and If . V.»>. :. kSj*ir’**A *is *-., all of which p>0i>trty the undttsiijn.d has this day sold to the buyer for the sum of: »hkh lilt bu,t, ,£,.0 10 riy in il.c (ollo.inj ininrur:........................................................................ .........................’ DOLLARS. Eiur., llm<«.e,|,t„i„,,jid$ ......................... "■W>OiRR>:K>OtX,VA;ti,MXXX>; XXXXXXXXXXXX?KiiLKKS&X.A'.-SJt i" the manner, and subject to such additional Subject CO pcrformifuc by the bu)cr ibe seller ai;irei co excruic and deliver a r trk ri^ tnin^/4 tn It ________ *___ • i i ' • . .VC’arranry Deed L.J Sii^r i>u)cr inc scuer ai;ires co exccuic and deliver a —-------------------------------------- ------------------- B ITr.r '"P *1 fy) tuntryin.i; mailfublc title to said pteinises sul.jea only 10 the followinr eaieniions-(aj Buildinp and aenmr; taws, orjinames. State and red.-ial irfulaiions. r loiiowinc eaiernoru. I,? n!'* *'*; “f imprt.stimiii of pitmises w ithout efieciise fotft itute provision Declaration of PrOtectivC2 ;jI 5’ t’* Covenants and Ivis-^jrnnts, coov rfnii r,^- I i. . bomestr-' lassificacioa Neitlicr the sellc, nor .tie seller s apent „,al.e any teniestntation ot^atra m w>7. vhich shall as^rsved arairnr ibr lyu^iKtty sulnroucm co ibr dace of puffbasc. ' ' tc>rurrnin|: ihe amount of ical euaic faxes Lw. U.V vr-i.i,rR J n nv c k IT'S I t.' I f e- a ...................* :* • • > i.vvi. ,‘SiKA^4>AT*^Ohr.ux<;’h:a. 4^ s^nix-VLanKiXQ'^jiunji Tb<——p—t—* wa.;.a4» tun __________________________________ If W*T—-rW*’ -*4*,*c <*/ rbfVw Arreof.— VA-’-ie -eyt.-A-iLWI —half . f , - - J ■ , A -X. ----- 4.J, *i; I ***'" ’ • ♦ —•nr,-»iiy =-v i.irf si'tl. tn l^^ at ••• *A. • • • W — Tlie seller shall, ujibin a rrasu:i.il.!e time afiri a: onoal of ibis aLUirrimt fnifiivK . f •! . Ahsiiatl .enified to date to inrimie pn.irr 'tanlKs csciinc hjtikrupiiirs and State and Fr le-al ‘'t " '“'•.‘I' * R^ti'Uied |•/..l^•»ly allowed 10 da,s after re.elpi thceof for ev ,.n,„.„i, „ of s.,,d t.tle anrthc tmlirio of anv .»Ir. ''f"‘ ^ wriiinc or dti.nrd to 1* waived ff an, ..!,,,.iions ate so i.ade the st 'irt shall I r allowed I’O daTs'i.. n sVe’s'u h t'i !e‘il“’,T '“l P^'r '" coneiiion of nilc die pa)mcnis hrrrjrukT mpiiird shall U .s-jm tied. ! ut upon ccuiciion of ilr r e I ‘I m j rr:aflt:aMc. feridin^ lu the btijer. the jaruM shall jiifnrm .hi. .,triui..m .tcoid.Me „! its ctm.s of c.r.c a^d u.thin 10 days a/.er ur,,,cn notice If said tide is not nurVrraMe and is not inaift so within 1 ?0 dass fi.rn the <lair of wriof n r K ,• i i . . a.w:ictimnf shall be null and void, at < piicn of the Inurr. and mithrr piim.pa! .» all !< liaMr fy.r d ^ ‘ ^ this All money iht ulohnc paid by ibe buyec shall U re funded If the nrle to sa.d piv.i< ny 1< f,ind n.aX'‘*aHr cTbT' *’";*'‘>**' anci said bu)cr shall dcfau:lf in any of the a.L'ucinrni. and coniinue in defaulr for a liriod of 10 d.vt d Iv so made sv,ih,n said lime, fvrminaie ihis ccmiacC and on such irnn.natis.n all the payrnenis made u;>m this emraa dull ic rVii lThf"'^ IT u ‘ ihtir .e.pcct.se inu.ests nu> an>car. as Inpiidaied dama::ev nme l-eine cd the ...me hcieof Th rrVm ) « the nphl of enforcing ihc si^cific Krh fmance of this comrac: provided .uch o-nfr.ict .hall not L 100). a H " ^^'7 ‘‘"“‘J loenfoue such s;x-cilic j'crfciii.ance shall he commemrd uithm sii numths aficr sorb liphi of anion "hall 7rise ^ ^^ndprosided action If is ufuittstocid and a.eteed that this sale is made subject 10 ihr approval by the owner of .ail nf-rrv* > t sipned ate nr is in no manner liable or lesjHmsible on acctum of ihis a.cutmenr. except lo return or Icc^ounT/orche under, this enntraa. i • uin or account for ihe eainesf money paid under The delivery of all paprts and monies shall l,e made at che office of: .............................................. I. the undprsiiined. owner of che above land, do hereby approve Ihe above apieemeni and che sale thtieby fr.ade. TilE FARM AT LONG LAKE, a Minnesota General Partnership ................................................^ ,, .................................(SEAL)Seller Timothy Adams", a seiicr ■Gen¥ra"r"Pa9l'A^r ^xeor i ..M.pro^rt, for .he prir, ,„d subjea 10 all concsifionsupori the icrrns aliove mencioned. and herein exprcssecL Buyer (SEAL) Buser (SEAL) • ^ y KXHIBIT "A" This E>,hibit A Is .Utach^d to and • dnrtiin D , inco.i,or.jtod in th.,t ' in Puichaso Atjrncn.ont dated hy and between ' and TUB FARM AT bONG LAKF a Vie ' O^^cbane A^eHTr" The land sold and fr» • i conveyed under said Purcha*?r> a lo,jaHy described as Lot .he r Agreement S subdivision to , a " " ""• on Lo be developed by Seller in fhn .. • - That part of the Section 27, Township 118 South-east quarter of Southwest corner of ^^ginning at the said Southeast Quarter as he^^^st line of sa i d’’s:c\-lo"n^,. ^ 5 ‘ ‘he”*B: t ‘ U= ’3 « place Of bouinning. chains a,ore or less to Uo (heroin "said premises"). Wit / A • • • % EXHIBIT B RIPER TO PJ^CHASB AGREE The attached Purchase Ayrec-ment dated » 1978, , , , , Purchaser,3y and between . * ind THE FARM AT LONG LAKE, a 7-linnesota General Partnership, Seller, (herein "this Purchase Agreement"), is subject to the following additional terms and conditions: II, Purchaser has inspected said premises (with, if Purchaser so elects, a contractor of Purchaser's choice) and fully familiarized himself with the same. Seller makes no representation or v^arranty as to soil conditions or other matters regarding said premises not specifically set forth herein. Purchaser shall have the right, from and after the date of tf :-i?. base Agreement, to enter upon said premises and conduct soil tests thereon, all at Purchaser’s own cost and expense. Purchaser • shall hold Seller and said land harmless from any and all mechanic's and materialmen's liens resulting from activity of Purchaser and/or Purchaser's engineers and/or surveyors under the preceding sentence. In the event that Purchaser determines that soil conditions on said premises are unsatis" factory, in Purchaser's sole judgment. Purchaser may elect to terminate this Purchase Agreement by so notifying Seller of such fact in writing by letter postmarked within _ _ _ days of the date of this Purchase Agreement. In the event Purchaser terminates this Purchase Agreement as aforesaid, all earnest money paid hereunder shall be pi omptly refunded to Purchaser, whereupon this Purchase Agreement shall become and be null and void. i Ibl Exhibit C DECLARATION OF COVENANTS CONDITIONS> RESTRICTIONS. AND EASEMENTS THIS DECLARATION, made this day of , 1978, by the undersigned parties representing all the owners in fee, the contract purchasers, .and the encumbrancers, of the land hereinafter described lying in Hennepin County, Minnesota; WITNESSETH: # WHEREAS, John M. Hartwell, •individually, is the fee" owner * of the real property legally described as follows; Lots 1 through 24, The Farm at Long Lake, according to the recorded plat thereof. (herein "said land"); WHEREAS, John M. Hartwell is married to Lucy B, Hartwell; WHEREAS, the First National Bank of Minneapolis, a national banking association, is the holder of a first mortgage of record on said land under a mortgage dated August 25, 1977 and recorded August 31, 1977 as Document No. 1235285; WHEREAS, The Farm at Long Lake, a Minnesota general partnership, John M. Hartwell and Timothy Adams, sole general partners, is the purchaser of said land under a contract for deed dated August 25, 1977; WHEREAS, the above described parties hereto desire to impose " upon and subject said land to certain conditions, restrictions. reservations and covenants for the benefit of said land and its present and future owners; NOW, THcRLIORE, the parties hereto hereby declare, impose upon and make all of said land subject to the following conditions, restrictions, reservations, easements and covenants, which shall operate as restrictions passing with the conveyance of each and every.lot so described herein, and shall apply to and bind each and every successor in interest to the parties hereto, to-wit; i ■'•r ARTICLE I * Land Use and Building Type m No lot shall be used except for residential purposes. No buildings shall be erected, altered, placed or permitted to remain on any lot except a single dwelling house designed for the accommo dation of one family only, together with a garage designed to accommodate a minimum of two (2) automobiles, the exterior of which shall be constructed of the same material used, or to be used, on the exterior of the dwelling house. The ground floor of the main structure, exclusive of open porches and garages, shall be not less than One Thousand Five Hundred square feet (1,500 sq• ft.) for a one story dwelling, nor less than One Thousand square feet (1,000 sq. ft.) for a dwelling of more than one story. Provided, nevertheless, that the minimum square footage required on Lots 16 and 24 shall be as determined by the design committee under Article VII herein, and as permitted under municipal ordinances. No subdivision of the lots shall be permitted until such time as municipal sanitary sewer service is available to such lot. Provided, nevertheless, that the owner of lot 19 on said land may maintain, occupy, use and replace the existing farm house and barn on said lot in addition to constructing a new house thereon, and may continue to use said lot and the existing farm buildings thereon for agricultural purposes, to the extent the same is permitted under municipal ordinances. .ARTICLE II Easements and Setbacks Section 1. Utility and Drainage Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat along each lot side and rear lot line unless vacated by action of the municipal authority. -2- kiiiH ‘ -ii 4 Within these easerrients, no structux-e, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities. i or which may change the direction of flow of water through drainage channels in the easements. The casement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public autliority or utility company is responsible. • • Section 2. Pedestrian Easements. Easements are reserved for pedestrians, skiing and horseback riding, but (except as is required for maintenance purposes and except as hereinafter described), not motor vehicles, as are legally described below: A. Outlot B ("North Farm Road’’); B. Outlot C ("West Farm Road"); C. 10 foot-wide easement from North Farm.Road to Long Lake: That part of Lots 7 and 8, Block l‘, THE FARM AT LONG LAKE, described as the northerly 5 fee't and the easterly 10 feet of said Lot 7, and the southerly 5 feet of said Lot 8, de scribing a 10 feet wide strip of land which extends from the southeast end of Outlot B, said plat, to the shore of Long Lake. 0. 10 foot-wide easement from West Farm Road to Long Lake: That part of Lot 16, Block 1, THE FARM AT LONG LAKE, described as the south 10 feet of said Lot 16, and the westerly, south westerly and southerly 10 feet of said Lot 16 abutting Lot 15, said Block 1, describing a 10 feet wide strip of land which extends from the east end of Outlot C, said plat, to the shore of Long Lake. E. 20 foot-wide easement connecting West Farm Road to North Farm Road: That part of Lots 2 and 3, Block 1, THE FARM AT LONG LAKE, described as the southerly 10 feet of said Lot 2, and the northerly 10 feet and westerly 20 feet of said Lot 3; and That part of Lots 18, 19 and 20, Block 1, THE FARM AT LONG LAKE, described as the easterly 10 feet of said Lots 19 and 20 and the westerly 10 feet, and the northerly 20 feet of said Lot 18. The above described pedestrian easements are reserved for the benefit of the owners of said land, their families and guests -3- Two separate declarations of driveway easciT.ent grant to adjoining lot owners easeirient rights for driveway, ingress, egress and utility purposes over (a) Outlot B ("North Farm Road") by a Declaration of Driveway Easement dated _ 1978 as Document No. 1978 and filed _ _ _ _ _ _ _; and (b) Outlot C ("West Farm Road") by a Declaration of Driveway Easement dated , 1978 and filed , 1978 as Document No. Section 3. Pasture Easement. An easement for pasture purposes is reserved for grazing horses and/or sheep together with the right to construct and maintain appropriate fences and gates on the pasture easement area. The pasture easement is legally described below: ;k. That part of Lots 3, 4, 5, 6, 7, 16, 17 and 18, Block 1, THE FAR.M AT LONG LAKE, described as beginning at the shore of Long Lake and on the most easterly line of said Lot 7; thence north 2* 12* 03" west along said line of Lot 7 to a point 121.25 feet south of the most southerly point of Dakota Avenue as shown on said plat; thence north 70* 45' 12" west, 249.27 feet to an angle point on the west line of said Lot 7; thence north 84® 58* 20" west, 161.40 feet; thence south 57® 39* 09" west, 71.02 feet; thence north 89* 14* 10" west, 75.01 feet; thence north 21® 29* 08" west, 101.02 feet; thence north 51® 36* 17" east, 67.62 feet; thence north 39® 24* 07" west, 92.44 feet to a point on the west line of said Lot 6, 387.28 feet southwesterly of the most northerly corner thereof; thence north 37® 58* 01" west, 229.13 feet to a point on the west line of said Lot 5, 295.89 feet southwesterly of the most northerly corner thereof; thence north 54® 15* 11" west, 234.01 feet to a point on the west line of said Lot 4, 265.46 feet southwesterly of the roost northerly corner thereof; thence north 62® 40* 11" west, 341.75 feet to a point on the west line of said Lot 3, 55.00 feet southerly of the northwesterly corner thereof; thence south 2® 07* 22" cast, 44.00 feet to an angle point on the southwest line of said Lot 3; thence south 3® 28* 16" east, 145.00 feet; thence south 37® 11* 37" cast, 207.22 feet, to a point on the southeast line of said Lot 18, 145.00 feet southwesterly of the most easterly corner thereof; thence south 56® 06* 28" east, 137.93 feet; thence south 10® 58* 01" east, 210.85 feet to a point on the south line of said Lot 17, 248.00 feet westerly of the most easterly cor ner thereof; thence south 29® 08* 57" east, 377.85 feet to a point on the southerly line of said Lot 16, 333.63 feet easterly of the southwesterly corner thereof; thence oast along the southerly line of said Lot 16, to the shore of Long I.ake; thence northeasterly along said shore to the point of beginning. Except that part of the above described lying within the south 10 feet of said Lot 16 and within the oast 10 feet of said Lot 7. The ibove described pasture easement is reserved for the benefit of the owners of lots 3 through 7 and 15 through 19 on said land and their families, provided however (a) the use of the pasture i -4- r. easement conforms to municipal ordinances, and (b) each such owner who-uses the pasture casement shall be thereby obligated to pay his proportionate share of the original cost of the pasture improve ments, and the upkeep, repair and maintenance thereof, including without limitation fences and gates. Section 4. Setback Requirements. The setback requirements for the building on each lot shall be as provided by the ordinances of the City of Orono, which restrictions may be varied or modified by action of the municipality as therein provided. In addition to the foregoing general setback requirements, no structure shall be permitted in the following area: -• i That part of Lots 3, 4, 5, 6, 7, 16, 17 and 18, Block 1, THE FARM AT LONG LAKE, described as beginning at the shoreline of Long Lake and on the most easterly line of said Lot 7; thence north 2* 12* 03” west along said line of Lot 7 to the most southerly point of Dakota Avenue as shown on said plat; thence north 57* 30* 03" west, 40.14 feet to an angle point on the east line of said Lot 7, 402.00 feet southerly of the northeasterly corner thereof; thence north 75* 58* 41" west, 219.82 feet; thence north 56* 18* 27" west, 70.00 feet to an angle point on the west line of said Lot 7, 300.93 feet southerly of the most westerly corner thereof; thence north 56* 18* 27" west, 254.42 feet to a point on the west line of said Lot 6, 266.28 feet southerly of the most northerly corner thereof; thence north 47* 04* 14" west, 214.87 feet to a point on the west line of said Lot 5, 212.89 feet southerly of the most northerly corner thereof; thence north 48* 01* 29" west, 223.76 feet to a point on the westerly line of said Lot 4, 159.46 feet southerly of the most northerly corner thereof; thance north 34* 17* 49" west, 237.96 feet to a point on the north line of said Lot 3, 182.92 feet westerly of the most northerly corner thereof; thence south 72® 32' 52" west, 242.00 feet along the north line of said Lot 3 to the northwesterly corner thereof; thence south 2* 07* 22" east, 99.00 feet to an angle point on the southwest line of said Lot 3; thence south 3* 28* 16" east, 145.00 feet; thence south 37® 11* 37" east, 207.22 feet to a point on the southeast line of said Lot 18, 145.00 feet westerly of the most easterly corner thereof; thence south 56* 06* 28" east, 137.93 feet; thence south 10* 58* 01" east, 210.85 feet to a point on the south line of said Lot 17, 248.00 feet westerly of the most easterly corner thereof; thence south 29* 08* 57" east, 148.85 feet; thence west, 222.09 feet to an angle point on the west line of said Lot 16, 200.00 feet north of the southwesterly corner thereof; thence south, 65.00 feet along said west line; thence cast, 258.34 feet; thence south 29* 08* 57" east, 154.57 feet to a point on the southerly line of said Lot 16, 333.63 feet easterly of the south- ^4) 5- ^, . « westerly corner thereof; thence east along the southerly line of said Lot 16, to the shoreline of Long Lake; thence north easterly along said shoreline to the point of beginning. ARTICLE III Nuisances, Livestock and Poultry Section 1. Nuisances. No noxious or offensive activities >: ■j shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighbor- hood. ■A . Section 2, Livestock and Poultry. Except as is otherwise herein specifically provided for Lot 19 and the pasture easement area, no animals, livestock or poultry of any kind shall be raised. bred or kept on any lot after the same is improved by the construction of a house thereon, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. ARTICLE IV Garbaae and Refuse Disposal No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition, and kept either (a) within tt<^ garage as provided herein, or (b) in a suitable structure below grade. ARTICLE V Temporary Structures, Signs Section 1. Temporary Structures. No strvr 0^.'::, of a temporary character, trailer, basement, tent, garage, bcut hCi<Ae, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. There shall be no permanent outside -6- - storage of any type of vehicles including, but not limited to, camping trailers, snowmobiles, motorcycles, motorbikes, or boats, or canoes. Provided, nevertheless, that the owners of lots fronting on Long Lake may store boats owned by such owners -on the lake shore, to the extent permitted by municipal ordinances. Section 2, All structures shall be completed and finished on the exterior within nine (9) months after commencement of construction. Section_3, Signs, No signs of any kind shall be displayed to the public view oh any lot except one professional sign if not more than one (1) square foot, one (1) sign if not more than five (5) square feet advertising the property for sale or rent, or signs used by a developer to advertise the property during the initial sales period. . ARTICLE VI Non-Discrimination Any person, when he becomes an owner in fee of a lot. agrees that neither he nor anyone authorized to act for him refuse to sell or rent, after the making of a bona fide refuse to negotiate for the sale of or rental of, or otherwise make unavilable or deny any of the property owned by him on s«iid land to any person because of race, color, religion, sex or national origin. Any restrictive covenant affecting the property covered by this Declaration relating to race, color, religion, sex or national origin which is inconsistent with this Article VI is recognized as being illegal and void and is specifically disclaimed. -7- svi / • B. ARTICLE VII BuiIdinq Design Approval A. No building shall be erected, placed, altered or occupied on any of the lots comprising said land until the building plans and specifications and plat plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures in the subdivision and as to the location of the building with respect to topography and finished ground elevation by a design committee composed of to three owners of lots comprising said land. The initial members of the design committee shall be Timothy Adams, Mary Adams, and John Hartwell The initial members of the design committee may designate their replacements at any time from among % the then lot owners. In the event of the death or resignation of any member of the design committee, the remaining member or members shall have full authority to approve or disapprove such design and location, or to designate a representative with like authority Building design and location review by the design committee shall include, but not be limited to (a) site grading and landscaping plans, (b) location of all buildings, (c) height and mass of buildings* in relation to other houses on said land and the general topography of said land, (d) septic system -8- specifications, (e) driveway access and (f) exterior finish materials. The plans and specifications to be submitted to the design committee hereunder shall include, but not be limited to; (a) site plan, showing finished grades, (b) building elevations, (c) floor plans, (d) septic system specifications, (e) landscape and roadway access plans, (f) a schedule of exterior materials and finishes. In the event the design committee or its desig nated representative fails to approve or disapprove such design and location within 10 business days after said plans and specifications have been submitted to it, or in any event if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant shall be deemed to have been fully complied with., « C. The powers of the design committee shall cease on and after ten (10) years from the date hereof unless prior to said date and effective thereon a written instrument shall be executed by the then record owner of a majority of the lots in this subdivision and duly recorded appointing a repre sentative or representatives who shall thereafter exercise the same powers previously exercised by the design committed. • • ARTICLE VIII General Provisions Section 1. Duration. The conditions, restrictions, reserva tions, easements and covenants of this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable • • by the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants, restrictions and easements shall be automatically renewed for successive periods of ten (10) years each unles.* -9- L r • I * an instrument signed by the owners of at least two-thirds of the lots covered by this Declaration has been recorded, agreeing to change tliese conditions, restrictions, reservations, casements and covenants, in whole or in part. • « Section 2. Enforcement. Enforcement of those conditions. restrictions, reservations, easements and covenants shall be by any proceeding «it law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages and failure by any owner to enforce any of the same shaH in no event be • * • deemed a waiver of the right to do so thereafter. ■ Section 3. Severability. Invalidation of any of the provisions herein by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect, until the date of expiration hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Declaration to be executed as of the day and year first above written. John M. Hartwell Lucy B. Hartwell THE FARM AT LONG LAKE, General Partnership By a Minnesota Timothy Adams, a General Partner By John M. Hartwell, a Partner General FIRST NATIONAL BANK OF By MINNEAPOLIS By • -10- I >1 Ainu nift' I Ki J2335 W. */v<^ Jfhfiut*^ 36 SI /^c'4 MUu^ciota. 55113 pliOtiCi 636‘^600 Karch 8, 1978 Mr, Ker.ry Muhich Zoning Administrator City of Orono Box 66 cc-jo'iCrystal Bay, Minnesota 553Z3 Re: The Farm at Long Tyike - No. 317 Our File No. 139 One C Bif^nnee. f t. Bcitft M*. Kriinr. f t. Jcitfh c. ArlffUk. f t. A. Lemle^i- f-^' BcU'f D. fS. 1. r4.mrr. f t. Ja*nrl C. Cfii n. f t. l£mien:e T Tr^j/fn. f t. CUr.H H C(ck. f t. KrUk A Cetd^n. f t. Tki"^es t. Vc.'fi* f t. Rtc^i^d M'. fettet. fX FilcfiG. f-t. S!i*%.n t.. St-r'ole. /X OL-'ald C f t. Ktnneth R ^r^htef.ft. Chiflti A rr..hom lee M. fc*ehky rtcfJan M. Ohom #317 JSr:/se “:^-uao„s for th. S?-';-: furfnrurr". rea " :ra%“f’St’lRS:rt:SorcW '*sr«-ot” oum.ios co».m acvCo,.ent procedures. „iah 0„r office ves not l~ol»ea In the otUinel roview^^ ^ rat::nr.ur.nrorr'”vii:%“4 the et rtU thne. "r- developc»nt end that Vest Far. - Strong rural atmosphere within narrow rural driveways. Indeed, the North plrm Road are to be ® ^^at the gravel base is tor^ar.^ s:rtSrrirrieor. sotface is to - m ^ Sirai^ r;.^re5 :'f r4orofj:r':h-fonoolns co»e„t. a„a taco.- nandAtions fot consideration. oendattons „^noared by Clark Engineering are 1) Street Grades - the street residential streets with at the maximum gradients J’^paJn, Read which has a gradient of ?he exception of ^"®.^r^d^ this gradient and we recormend that r.%■t:aa'^a^^arnra^rn:t•Ucaa a„ S. Slops. 2) street Width - We have very J®‘''^‘^®‘ driveways) that are 1,000 feet and }•* ^^ curves in the proposed layout Tliere are a number of ®\,ery restricted sight distance which. In our judgment. Presents introduces significant safety ^a.ards vehicles. This s^ow bnnks on each sJde of the roadway during which are further aggrevated with snow page 1. WM [•JlEVOC4i^Csr« [•jirBi] itiii4tT«ra« ro^»¥*i r*Ta.'«iTO aKTtl^TiFI ^C*l M ril [•111 (• m n^itNT* n:[•jfiTmfijiT# •liMN •irr^ f-CLARK ENGINEERING COMPANY □ 2815 WAYZATA BLVD. □ MINNEAPOLIS. MN. 55405 □ {612) 374-4740 'f rPAMlCSA>il| ^ANDfLiM C'CI E V<t JiV C enAuCMlR v.c« dtni C mARUSE HANSEN 5*« ^ * ^ • . r tAbRVG ».NMjRTRy eauCI « AElit AikX «tt C/AviOS McESAC A|V«<.Att tlSLIt G REN‘.rMLt« Atwactftc i -V: •* SKH/G/r "S '■ - 3-(,-78- March 3. 1978 City of Orono P.O. Box 66 Crystal Bay, MN 55323 RE: THE FARM AT LONG LAKE Gentle.-nan: The proposed plat, “The Farm at Long Lake", contains a drainage way v;hich will be crossed by the drivev;ay to be constructed on Outlet C. It is proposed to provide a corrugated metal culvert to accommodate this drain age, Because there is a relatively large area drained into the plat from the v;est and north a drainage study was conducted to determine possible peak flows and adequate culvert sizes. Because the backup of flood waters to a height somewhat over the top of the lov/ point in the drivev;ay would not cause damage to buildings nor flood basements, a design storm frequency of 10 years Is considered con servative. The watershed is divided into two parts. The first is that which drains to Brown's Lake west of Brown Road and the second part is that which drains from the north. The two parts have distinctly different runoff patterns because the first has storage in the Lake and the second has direct runoff. In a storm situation runoff from the north will peak long before runoff from the west.' The attached drawing shows the pro posed plat and watershed. The outlet from the Lake is a 24" CMP culvert under Brown Road. It i; estimated that a 10 year frequency sto»Tn of 60 minute duration will raise the lake about 3 inches. This depth would contribute about 1.4 cu. ft./sec. of flow. The northerly area will contribute an amount peaking in about 20 minutes at a rate of about 18.5 cfs. I CONSULTING ENGINEERS STRUCTURAL •CIVIL LAND SURVEYING 400 SIBLEY ST. PAUL. MN. 55101 (612) 291-7000 310 SOUTH LINCOLN STREET ABERCEEN. S.D. 57401 (OJ5) 225 3494 • .1 City of Orono March 3» 1978 Page 2 A 24 inch CMP culvert at a hydraulic slope of 2% will provide capacity of 20 cfs; therefore, we reconinend a 24 inch CMP culvert in this loca tion because it will accoii'jnodate a ten year storm runoff. It has been recoirr.ionded to the Owner that, even tiiough the access is a private driveway, that it be furnished with an adequate bituminous sur face to prevent loss of base material. A modified rural section is con templated with sideslopes no steeper than ? to 1 and shoulders at 2%. Where runoff is consentrated it should I ^ntrolled with bituminous swales or sod to prevent erosion. At Ow ..^r locations where drainage is to be directed across the drive way, 12 inch corrugated metal pipe culverts sloped to provide a mini mum 2 ft./sec. velocity, will be adequate. All culverts should be furnisljed with apron end sections at each open end. This information is to supplement the preliminary profiles and grad ing plan submitted at the time of preliminary plat consideration. Very truly yourg^.^ Bruce R. Kelley, P.E. r BRKrja Enclosure cc; The Farm at Long Lake ^ ‘f/ ^ "b 1 \ (T'^s^' - 5 ' * ;rv-v -.r- ^ I V 1 DATE 7-3-70 Thi* f^Ai'hl L/7f'G SHEET NUMBER 1 DRAWN 1 P13 \\//7 frr CA/rr _ ------------------------------f 1 design1 of^Lshts. 7707-5 TO: FRa>!: QMIi: SUBJECT; Planning Commission 5 Council Hank l!ahich, Zoning Administrator October 28, 1977 Ckiorge Jackson Construction Co. - 90 S. Willow Drive Subdivision (Preliminary) * Lots 253, Kelley 5 Kelley Addition Enclosed is a copy of the preliminary plat of the proposed rcplat of Lots 2 5 3 of the Kelley 5 Kelley Addition as submitted by George Jackson. Hie fuial plat for the original Kelley 5 Kelley Addition uns up for final Council approval on October 24, 1977. This replat consists of a slight revision of tlie boundary lines of the recently approved Lot 2 of the Kelley subdi\ddion. ’Die change consists of moving the east lot line of Lot 2 a distance of 60 ft. to tlio west. T)iis will probably require a revision in the description of this lot as it shall have been recorded. The new plat consists of 9 lots, a 60 ft. access and a 100 ft. cul“dc*sac exceeding 1,200 ft. in loigth. The developer has also agreed to provide an additional ease ment to the east boundary line of the plat for continuation of the road through the development for any future development to the east. All three adjacent landoivners are requesting we eliminate the previous provision for access to Watertown Road. They feel the added easement east of the proposed cul- de-sac would provide adequate throughways for any development to the east. All proposed lots meet area and width requirements. Drainage and utility easements should be determined from reports from the City Engineer and Public Works Director and other agencies. Access and Tiafficj_ Police and Public Woiks. Legals: City Attorney through title opinion addressed to the City and description of final plat to be recorded. Copies of the proposal have been forwarded to the following with requestes for review and conrients: Minnehaha Creek Watershed District, INR, City Eng^eer, City Attorney, City Administrator, City Police Chief and City Public Worlcs Director. A public hearing will be scheduled to be held by the Planning Coranission et Ui?ir meeting of Nov^er 21, 1977, at 7:30 p.m. PLANNING CO?MISSION MEETING - November 21, 1977 Public Hearing was held. Planning Commission tabled the proposal to allow applicant more time to provide drainage maps. PIJUJNING COMMISSION hEL’TII'JG - PeceTher 5, 1977 Recommended approval of preliminary' plat tased on latest recomnendation of City Engineer. C 'jy of report enclosed (dated 12/2/77)* Approved subject to following conditions: 1. Private access road 60' wide with underlying easement to the City 2. Extending 60' easement to east boundary of property for future road if necessary 3. Drainage easements as Indicated on prot-osed plat 4. Park dedication fee ($250 per lot for 10 lots equals $2,500, deduct $500 for 2 lots paid with auproval of prevlo’is Kelly subdivision, balance due - $2,000) 5. Title oninlon addressed to the City and a->rroved by City Attorney ar > . / 9tv -m GEORGE JACKSON CONSTRUCTION CO. - 90 Willow Drivc^sf Subdivision (Preliminary) - Lots 2 & 3, Kelley & Kelley Addition / N r_- (}* f—m Page 2 COUNCIL MEETING - DECEMBER 12, 1977 Approved preliminary subdivision according to Planning Commission recommendations with the following additions: 1. 2. 3. 4. Access casement is to be a 60 ft. right-of-way, not "road” Outlots A & B shall have open space easements dedicated to the City and shall bo legally combined with the Earl Plant property or an adjacent lot in this subdivision The Kelley and Kelley Outlot A shall be legally combined with Lot 6 of this subdivision Drainage easements and plans shall be as sho\im on the plans dated 11- 29-77 as approved by the City Engineer in a letter dated 12- 2-77. STAFF - March 3, 1978 Mr. Jackson has submitted the mylars and liardshells for approval of the final plat "The Nursery". Most of the conditions listed by the Planning Commission and Council during review of the preliminary plat have been incorporated in the final plat. We will be expecting reports from the City Attorney and Engineer certifying their approval. After all issues are resolved we can forward the item to the Council. I'm enclosing pasted copies of the preliminary and final plat for your review. I'm also enclosing copies of my progressive report and Engineer Greg Frank's reports. Called George Jackson - informed him his proposal would be up for consideration at Planning Commission meeting scheduled for March 13, 1978. Also gave him instructions to take care of following issues before the final plat comes up to Council on March 30, 1978 so final resolution of approval can be drafted, adopted and certified. 1. 2. 3. 4. Current title opinion addressed to City - sent to City Attorney for approval. All legals for easements or dedication for City Attorney approval. Association By-laws and Agreements for review by City for approval. Park dedication fee to be paid before forwarding from Planning Commission to Council. STAFF - March 8, 1978 I'm also enclosing copies of some new data just received today. This material pertains to the certificate of title and title report, easements oud homeowner's association article. r ^334 ^334 i \ I. II ' 0 I i Ji •1 ki QC 0^ •I George A. Jackson & Assoc ites Sliehrd Tower Suite 1760 yVayzata Blvd. at Cty Rd. 18 Minneapolis, MN5^26 (612) 5460580 ■'^334 March 6, 1978 Mj^- Bruce D. Malkorson Attorney at Law 4344 IDS Tower Minneapolis, Minnesota 55402 Re: Orono File #334 - Lot 3 KeHey Kelley Addition . Dear Bruce: icate numbci would be 561 167. ^ ^ ^ Certif- il“/CLTrLprorthe cZ^acfr r'-"""''- the ptopett,, title e„a no othete will „ocu; u„tit‘'ef«r-thr;[:t'’L“'app" e"a.°‘’’“ "t Jl“er:h?‘ra«McT:eL°.'‘-oci.t. • : • 4 ments for road, drainage and utilities- 2cop7o7wIILrireI!?ioLd7"^ Sincerely,< ■ •. George A. Jackson GAJ:ch Enclosures REALTORS A h mill WtSfzmrnl Mlilfilvl^eTi [lliMliM r«wniT«i [•wniT«Kn 'N MlTsVn wLIE. The Directors shall have the right to take any action in the absence of a neeting which they could take at a meeting by obtain ing the written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. The Board of Directors may meet at any time, called by and at such place as may be designated by the President, or as may be requested in writing by at least two Directors, served or mailed to all of the Directors. A quorum of the Directors shall consist of a majority. No business shall be transacted by the Boara without the presence of a quorum. ARTICLE III MEMBERSHIP AND MEETING OF MEMBERS The membership of this Association shall be composed of all of the ovmers of property within The Nursery, Hennepin County, Minnesota. In the event that property is being purchased under a contract for deed, the contract purchaser and not the tee owner shall be deemed to be the owner for the purpose of qualification for membership in this Association. The Annual Meeting of the members shall be held on the second Monday in September of each year at 8:00 P.M. or at such other time and place within the month of Septeiixber as the Board of Directors shall deteimine. - 2 - #33 Special meetings of the Members may be called at any time by the President or by a majority of the Board of Directors or upon the written request of at least two of the Mernljers given to the Secretary or the President of the Association. Written notice of each meeting of the Members shall be given by. or at the direction of, the Secretary or person authorized to call the meeting by mailing a copy of such notice, postage prepaid. at least five days prior to the date of such meeting, and each Member shall be entitled to one vote while in attendance at such meeting, and in case of a Special Meeting, the purpose therefor shall be stated in the notice. A quorum at any meeting shall consist of at least four of the members. ARTICLE IV ELECTION OF DIRECTORS Election to the Board of Directors shall be by written ballet. The persons receiving the largest number of votes shall be elected. Cxunulative voting shall not be permitted. Every Member shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all of such persons shall be deemea jointly to have one vote. ARTICLE V FEES AND DUFS The Board of Directors shall have the power, from time to tine, to: a) impose such dues and fees upon the Members as may be necessary to finance and defray any costs incurred with respect to the business of the Association, including but not limited to maintenance - 3 -i of Outlet C and the entrance si«jns and the payment of taxes and assessments therec;.; b) exercise for t>ie Association all pow<‘rs, duties aiirl authorities vested in or delegated to the Association and not reserved to the membership by other provisions of these By-laws, the Articles of Incorporation or the Declaration of Covenants, Conditions and Restrictions of The Nursery on file in the *’ffice of the County Recorder or Hennepin County, Mirinesota; c) institute such action at law or equity as may necessary to enforce the rules and regulations adopted by the Association and to recover any amount which : , ue due it fiom any Member, whether suspended or otherwise. ARTICLE VI OFFICERS AND THEIR DUTIES The officers of this Association shall be a President, a Vice-President, a Secretary and a Treasurer. The same person may hold any two offices except those of President and Vice-President. All officers shall be members of the Board of Directors and they shall be elected by the Board of Directors. The duties of the officers shall be as follows: a) The President shall be tl chief executive officer officer of the Corporation. He shall preside at all meetings of the Board and shall see that all orders and resolutions of the Board are properly executed. b) The Vice-President shall, in the absence of the President, perform the duties and exercise the powers of the President. c) The Secretary shall keep minutes of all meetings, shall have custody of all the records of the Corporation and shall perform such other duties as the Board of Directors shall prescribe. - 4 - r mwmm d) The Trea*;urer s^iall receive and promptly deposit in financial institutions to be desigriated by the Board of Directors all moneys whicli shall be paid to the Corporation. He shall keep full and accurate accounting of all moneys received and disbursed and shall pay such bills and make such disbursements as are authorized by Board of Directors. ■mi • *i ARTICLE VII In the event George A. Jackson shall be unable to unwilling to perform the functions of an architectural control corrimittee as set forth in said Declarations, the Board shall appoint an arch itectural control committee to fulfill said functions. ARTICLE VIII ASSESSMENTS As more fully provided in said Declarations, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments not paid within thirty days after the due date shall bear interest at the rate of eight percent per annum and the Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property and interests, costs and reasonable attorneys' fees of any such action shall be added to the an^ount of such assessment. Liability for any such assessment shall not depend upon the y.i\e or non-use of any lot. - 5 - I A im OI I iC i W #334 AMO** f> DC INAMO Ml I i^lN M OC i ; V»lON| V I OMttCM ***IDMI f MAMMOArft ' MAMOI O U » if kO. JM. Akii HI I SAC 0 % MOMNIS M VmCNMAN GCOMUC ftCtii# MiCMACi A SAMHNO»» OAVtO M COA ftfCAMKN H.MrkAUM CMAMi C » A MAf S NAMCV C UACMCD iOMCki j. i«ofc»ooM GCOMGK 9. M«OUNNlOi C. r»COMlC t. MOSCNBkATT Gff^CN U. OkAUTVCM LEONARD. STREET AND DEINARD 1^00 NAllONAi CiTf SANA BUItOiNC &IO MARQIiCtrC AVCMUC MINNEAPOLIS. MINNESOTA SS40E ICiCPHONL «ei2f J39-1200 CABkC AOORC SS. **i CONO" A1CPHCM J OAVIOSON SIC PMCN A LM MAN OA^IO C CAkA cowAAo M. mol wsrr i ocA AOACAT LCAMS AAANOWS (LOON J. SPCNCCA. JA. MUON M MATNAAO M. PATAICIA SCMArrcA MICMACL A. NCAICN OACGOAT k OAML CtOAGC A iCONAAO (AAAI AAT mu A k.M.SIACCV t•A9?••A•l| ACNCOiCV OCINARO f•AAA••AAAI Of COu**»Ci lACNC AC01T February 23, 1978 Hr. Ceorge A. Jachaon, Fresitfenc Ceorga A. Jackson Coiiscrucclon Contpany, Inc. 1760 Shelard Tower Minneapolis, Minnesota 3342b Lot 3, Block 1, and UuClot A, Kelley & iCelley Dlvlsioni Uur File ll>17S-ti447 Dear Mr. Jackson: We are pleased to inform you that the flowage easement in favor of Mennepln County which covered the most southerly part of Lot 3. Block 1 and Outlot A, Kelley & Kelley Division, has been extinguished by Older of the itennepin County District Court dated February 21, 197d in Torrens Case ilo. A-1B9S9. We have now satisfied the objections stated in paragraphs 7 and 10 of the Title Opinion dated October 24, 1977 by Best 4 Flanagan. We enclose a piiococupy of a conformed copy of the Order for your information. Very truly yours. LKUWARD, STREET AND DEltMED by IMI:bv Enclosure iiugh tl, Maynard cc:Mr. Bruce Kelley Mr. kodney Kelley Kr. William S. Kelley, Jr. 1 • i II PHIMl r (1 . ' ■ ‘ AMOS S. OCINAMO MCiViN M. SiCGCt. SiONCf lO»SCM SiDNCV WA»MO«rS MAffOiO O. nCLO.^fi. AklCM I. SAC«S MOMMIS M. SMCItMAN OftOMOC MCILLV MICMACI. A.SWI»NO»r OAVIO M. COK STCFNKM m. ^rtAUM CMAlIkKS A. MAYS NAMCV C.OACMKM tOWCki 4. NOTCSOOM OtOAOK r. McOUNMiOiC. JO. rAconic t. AoscNstAif S1CVCN O OlNUTfCO lAw on iccs LCONARO. 8TRCCT AND OCINARO 1200 NAVlONAi, CITY BANK BUHOiNO SIO MANQUCTTI AVCNUl MINNCAPOLIt. MINNESOTA SSAOS rCiCf>MONC iBi2l 3 JB'1200 CABLC AUOMCSS *'iEOn O* January 19, 1978 SfCAMtN J OAVIOSOM sycamcn a litmam DAVIO C lALA COMAAO M. MOCNSrCkOCfl AOBCM? iCWMS BAAAOWS CkOOW J. SACNCCft. JO. HUOM M. MAYNAAO M AATMICIA SCMArrCO MiCMACk A. NCMICM OACOOnv t. OANI. CCOAOC • itOAAnO f*B7t>lBSBI AAImu A i N.tTACKY nsyf-isBH ACACOiCV Of IftAMO 'SABI \ ♦ I I OY COuNACi lACNC SCOTT Mr. George A. Jackaon, President George A. Jackson Construction Company, Inc. 1760 Shelerd Tower Minneapolis, Minnesota 55426 Lot 3, Block 1, and Outlet A, Kelley 6 Kelley Division Our File: 11-175-8447 Dear Mr. Jacksont Mr. Pflnun of our office has asked sie to Initiate proceedings subsequent to renove the right-of-way easement and the flowage easement mentioned In Paragraphs 7 and 10 of the Title Opinion dated October 24, 1977 by Best 6 Flanagan. This letter Is to inform you of the progress to date of these natters. Without the aid of a proceedings subsequent, we were able to obtain an Order of the Examiner of Titles directing the Registrar of Titles to de« lets the right-of-way easement In Its entirety, since It does not cover any land within Kelley 6 Kelley Division. We are commencing proceedings subsequent to extinguish the flowage esssmant which we have determined covers only the most southerly part of Lot 3, Block 1 and Outlet A,lf the easement exists at all. We have asked Mr. Bruce Kelley to obtain the appropriate signatures on the Petition, Including your own signa ture. You should hear from hie soon. If you have any questions, please feel free to call me at your convenience. Very truly yours. LEONARD, STREET AND DEINARD HWf SM cci William S. Kellay, Jr. Rodney Kelley Bruce Kelley Hugh M. Maynard IIknsok 4Sc Kkkoj«#334 noacMT r. mcnson STANLCV tFRON WCtLINOTON W. TULLT. JR. tCSLiC M MITTUCR niCMARO B.SOLUM ^OSCRM T. OtvON. JR. auan c . ciosncsb WILLIAM r. rORSTTM STUART T. WILLIAMS PKTSR M. MITCH PROr CSSIONAL association LAWYERS IfO^* ^ *VC INSURANCE BUILOINO MINNf •^OLIS, MINNESOTA SS40*AREA CODE ei2 33B-<SOO November 9» 1977 t-. . George A. Jackson Ct Associates 1760 Shelard Tower Wayzata Boulevard and Co. Rd. #18 Minneapolis« MN 55426 Re:Title Opinion Our file: 28229 Gentlemen: At your request we have made an examination of title to the following: See Exhibit A as the same appears from a Certificate of Title No. 506299* Volume 1678, last certified to September 15, 1977, at 7:00 a.m. by North Star Abstract 6 Title Guaranty, Inc. From said examination we find that the record title to said premises stands in the name Kelley 4 Kelley, Inc., a Minnesota Corporation, subject to the following: 1. Rights, if any, of the parties in possession other than said owner. 2. Mechanic's lien rights, if any, for recent improve ments upon said premises or property connected therewith. 3. Special assessments, if any, for recent improvements upon said premises* 4a Public zoning or building ordinances and regulations 5a Facts disclosed by a survey* 6. Taxes payable in the year 1977 in the full amount of $2,857.52, first half paid, second half not paid. 1 November 9, 1977 George A. Jackson & Associates Re: Title Opinion, File 28229 Page 2 7. Judicial landmarks along part of the northerly boundary line of the above-described property, set pursuant to Torrens Case No. 16850. 8. Roadway easement over the west 33 feet of the above described property as shown on half-section sheet. 9. Roadway easement over part of the north 33 feet of the above-described property as shown on half-section sheet. 10. Any conveyance of a part of the above-described property as subject to the statutory requirement to furnish a registered land survey if required by the Registrar of Titles. WWT:sj MEMO The Owner's Duplicate Certificate was issued to Lester Kelley on December 16, 1975. The certificate indicates that there is a flowage easement in favor of Hennepin County as described in Book 85 of Miscellaneous Records, Page 301, Document No. 318546. This easement does not appear to effect the above-described property and should be removed by a proceeding subsequent to initial registration. A certificate attached to the Abstract indicates that an examination of the assessment records of the County Auditor's Office showed no assessments. It is important to note that no search has been made for pending assessments. « #334 That part of the Northwest Quarter of Section 3, Township 117 North, Range 23 West of the 5th Principal Meridian, according to the Govern ment Survey thereof, described as follows: Beginning at the northwest corner of said Northwest Quarter; thence East along the north line of said Northwest Quarter a distance of 885.00 feet; thence southeasterly, deflecting to the right 72 degrees, 09 minutes, a distance of 84.04 feet; thence east deflecting to the left 72 degrees', 09 minutes a distance of 539.37 feet, more or less, to an in tersection with a line drawn south, parellel with the east line of said Northwest Quarter, from a point on said north line distant 1449.42 feet east from the northwest corner of said Northwest Quarter; thence south along said parallel line a distance of 817.85 fe&t, more or less, to a point on a line 1765.50 feet northerly of and parallel with the south line of said Northwest Quarter, as measured along ,the east line of said Northwest Quarter; thence east, along last said parallel line, to a point 1123.85 feet west from the east line of said Northwest Quarter; thence southerly, deflecting to the right 83 degrees, 58 minutes 16 seconds a distance of 415.80 feet, more or less, to a point on the northerly right-of-way line of the Chicago 6 North Western Railway Com pany, formerly the Electric Short Line Railway Company, distant 1092.65 feet westerly from the east line of said Northwest Quarter, as measured along said northerly right-of-way line; thence westerly along said north erly right-of-way line to the east line of the West 1300.00 feet of said Northwest Quarter; thence north along the last mentioned east line a dis tance of 478.63 feet, more or less, to the north line of the South 1765.50 feet of said Northwest Quarter; thence west along the last mentioned north line a distance of 1300.00 feet to the west line of said Northwest Quarter; thence north along said west line a distance of 910.26 feet, more or less, to the point of beginning. EXHIBIT A IIknson Be K khon MOBtnT r. mlnbom BtANLCT CfBON wrtLINOTOM W. TULLT, .im. LCBLtC H niTTlCB MlCMABO a.BOLWt* JOBtBH T. 0)*ON, A1.AM e.CIOBNCB* r. rONSTTM BTUAMT t. WILLIAMS HCten M. HITCH AAOrCSSlONAL ASSOCIATION LAWTC AS ICOO TITIC INSUAANCC building HiNNCAPOLIS.HINNESOTA 55BOI AACA CODE ei> 33B-A SOO November 9, 1977 George A. Jackson fc Associates 1760 Shelard Tower Wayzata Boulevard and Co. Rd. 118 Minneapolis^ MN 55426 Re:Title Opinion Our file: 28229 Gentlemen: At your request we have made an examination of title to the following: See Exhibit B as the same appears from a Certificate of Title No. 552223, Volume 1120, last certified to September 20, 1977, at 7:00 a.m., by North Star Abstract & Title Guaranty, Inc. From said examination we find that the record title to said premises stands in the name of Kelley and Kelley, Inc., a Minnesota Corporation, subject to the following: 1. Rights, if any, of the parties in possession other than said owner. 2. Mechanic's lien rights, if any, for recent improve ments upon said premises or property connected therewith. 3. Special assessments, if any, for recent improvements upon said premises. 4. Public zoning or building ordinances and regulations. 5. Facts disclosed by a survey. 6. Taxes payable for the year 1977 in the total amount ,of $1,826.22, first half paid, second half not paid. The taxes cover the above and other land. •I . .'.i. A a •• \r V I i -ANAU^. IJ November 9, 1977 George A. Jackson & Associates Pe: Title Opinion, File 28229 #334 Page 2 7. Roadway easement over northwesterly 33 feet of the above-described property as shown on half-section sheet. 8. Any conveyance of a part of the above-described property a** subject to the statutory requirement to furnish a register-t^ land survey if required by the Registrar of Titles. Yours (very truly. WWT:sj MEMO Office. The Owner's Duplicate Certificate is at the Torrens The certificate suggests that there is a right-of-way easement created by Deed of Record in Book 756 of Deeds, on Page 87. An examination of this document shows that it does not effect the above-described property but covers a 30* X 60* parcel which lies east of the above-described property. This reference should be removed by proceedings subsequent to initial registration. A certificate attached to the Abstract indicates that an examination of the assessment records of the County Auditor's Office showed no assessments. It is important to note that no search has been made for pending assessments. •1 #334 1 i Minneapolis-Watertown Road and there ending, according to the Govern inent Survey. '* EXHIBIT B I r^c ' V«r»<Jof k i it & V*.Uii«l>*riii ( oit\i ) 4itt in|i Dl4(ik% (Kr%i»t*U 19/6) ^his Slgrtcnunt, Made and enured into this.....IQth.............day of MPVerobei:....... 19 JJ , hy and between ............................................... ...............................................................................................- William S. Kelley, Jr., a single person, and Rodney F, Kelley and Marian L. Kelley, his wife, as tenants in coimnon. —......# parties of tJw first/Hirt, and George A. Jackson Construction Company, . . , party__of the second part^ That the said parties of the first part ifi considt ration of the covenants and a^ree* fhcnts of said party . of the second fnirt, htreinafitr contained, herthy sell and a^ree to convey unto said/Hirty of the second fturt, i*-* and nssi$ns, hy a Warranty ................... Ihrd, accompanied by an abstract evidmeini title in p<trt of the first fxirt at the date hereof, or by an owneCs duplicaU ccrtifieale of title, upon the prompt and full performance by said part y of the second part, of ___ Its .. .....part of this agreement, the tract of land, lying and being in the Cuuntu of !‘.e.?}*’e.pi|]>...................... and State of Minnesota, described as follows, to-wit:County of Lot 3, Block 1 and Ouclot A, Kelley & Kelley Division,, according to the recorded plat thereof. And said party......of the second part, in consideration of the premises, hereby agree 8. to pay said paHi«» of tk* first part, a*.®..P.i®P.e..iesigna^^^^^ ...............................________ as and for ihemirehase price of said premises, the sum of ............................................................................... One Hundred Thousano and no/100 ****** ($100,000.00) * * * * *.* *.*,.* Dollars in manner and at times following, to-wit: $5,p(»,00 earnest money preYipugiy.paid.; _____^ ^24,000.00 cash in hand paid, receipt of which is hereby acknowledged, and .71,000.00, the Contract Sum, plus interest thereon from the date hereof at the rate of ^ight and one-half per cent (8 1/2%) per armum on the Contract Sum from time to time re fining unpaid, payable in annual installments of $10,000.00, together with interest iccrued to date, on the first through the fifth anniversary dates of the date of this lontracC for Deed. On the fifth anniversary date hereof, the entire then balance of the Contract Sum, including both principal and interest accrued to date, shall be due and ayable in full. Vendee may prepay the then balance owed hereunder at any time after lanuary 1, 1978. Such prepayments shall be credited first to principal and then to in terest. See the attached Addendum, incorporated herein by reference, for additional terms and conditions. Said of the second pan furtlicr cuvciunl.?.... and a» fultuw»: lu pay. bcfoie penally attaches tlierelo, all laaes due and payable in the year 19.73.., and in sub^t;l|uclU ycats, and all special assessments hcietofoie or hcreaficr levied. a • ••• S -••♦•a*. ilso that any buildings and improvements now on said land, or which shall hereafter be erected, placed, or made thereon, shall not be removed therefrom, but shall be and remain the property of the part.- iCA. of the first part until this con« tract shall be fully performed by the partlfiA... of the scctmd part; _____uwa aiLpeaie,io iLecpLtheJuuUla. fhlf‘bTi*«td ’ Tiflreinisejr «r alt nhnes*rnsiired -in -«onie~rehabfe -insutancc-euvitiiany -or- eMnpaniMr -be-approved-h> 4 he parr.." ~Tif Ihr hrvt partrai^mt 4oss by-fire 4or-at-lcM 4he> M*fn »•••••« •••* ~ fmTsyklmr tost by ’Windstomr for'M imr rite -wm-of . -DoIIms .J}olbfi, payablt“io*^tid*v»Trr.s.f;.s.r e^the bt« oud.-in -case-oi^losar should these be au^ lur* phis ^veT'-aiid-itbeve lbe-iMi»ou«6 4hefi-oMM«g .. uU the Jirsupar^.-.. . ________heics,. oc. J&aigns,. the.haUncc flTatrSd* prifl •dV«r W rirr tald pan." - -0^ lllt-svTomh pan -us.-.r..-.T .T - .r rr.r r. r..r .r.:: rmtrrevt -shaU *0|tp««Wr ond 4o ddpblil Idlflrfhaimri"JTLrjLr Of^ttie^frsnparr polirK.*vvf ‘^aid'nnsuramre. But should the second part.y___fail to pay any item to be paid by said part.y...... under the terms hereof, same may be paid by first part.........and shall be forthwith pay* able, with interest thereon, as an additional atiiuuiit due fir.st part ies under this contract. But should default be made in the payment of principal or interest due hereunder, or of any part thereof, to be by second part.y.___ paid, or should........It..................fail to pay the taxes or assessments upon said land ,premiums upon said insurance, or to perform any or'either of the covenants, agreements, terms or conditions herein contained, to he by said second par|....y...... kept or performed, the said paricfi.... of the first part may, at....tbeir.------option, by written notice declare this contract cancelled and terminated, and all rights. ti*le and interest acquired thereunder by said second par^----.... shall thereupon cease and terminate, and all improvements made upon the premises, and all payments made hereunder shall belong to said part.lGS... of the first part as liquidated damages for l>reach of this contract by said second parV.y.------ .said notice to be in accordance with the statute in such case made and provided. Neither the extension of the time of payment of any sum or sums of money to be paid hereunder, nor any waiver by the part.^-.?.?.... of the first part .P.f....?:?).?J^.1fights to declare this contract forfeited by reason of any breach thereof, shall in any manner affect the right of .said part ifiS.. to cancel this ccmiract ln rausc of defaults subsequently maturing, and no extension of time shall be valid unless evidenced hy duly signed iiisirumenl. I'urthrr, after service of notice and failure to remove, within the period allowed liy law, the default therein .specified, «iaid par! y.....of the second part hereby specifically agrec..Sl., upon demand of said parties.... of the fir.st part, quietly and prairably to surrender to....them...............pos.ses- sinn of said premises, and every part thereof, it helnp understor»d that until such default, said party......... of the second part.................is.................to have po*se>sifiii of s.iid premise . 9t M mutUflllp Ihj and between the partien hereto, that the time of payment shall be an essential part of tkU contract; and that all the covenants and agreements herein contoined shall run with the land and bind the heirs, executors, administrators, suexcssnrs and assigns of the respective parties hereto. Sn VfMftlUniy KQpcrfOf, The parties hereto have hereunto set their hands the day and year first above written. ) /ifuthiey-f-;-Kelley A ■ I. - ..... ^Mu r Iciii fci KulrtHy /• - GEORGE A. JACKSON CONSTRUCTK , INC. ns. fAcyoi By: George A. Jaej^^n, President .'a son fttate of iHinneOota, County of .......Heimep la....................... ....) The foreinstruineftt uys ark utarh d^jed hvfnrv mv thi. ihiuof MoJvv A'-J 77 by William S. Kelley, Jr., a single per- , and Rodney F. Kelley and Marian L, Ke’lley, his wife; and by George A. Jackson, who stated that he executed the same as the free act & deed of George A. Jackson Construction Compan^/^ In •» THIS INSTRUMENT WAS DRAFTED BY Leonard. Street and Deinard - SRP 1200 TIatronal City ^anR Bulldijag ~ 510 Marquette Av^ue ' ^ Minneapolis, Minnesota SS|{k(il2.M) aa ifffS PCtfAJSinA' * ^ IN III All \\\ f ^ • y *' * \\ identRNowi I VN>VA OWI I |M;Mf Nil (iiTi I tyik} s er. c w Cs j 2 s as « !!5 ® a Si "a i e: : 1^ : d ;: ^ uS! k.o £ A. iO : •8! O o •S.g-5 c 5 i I 1a* '* e a i*P ^ m ^ E § 5-5 Cl ^ I a •RP •a It '■'I cc "c Si .t: • a [ 1 s t:c a is.5 I •' ». V. z ^ 2r c Cl : -a • • *? i ^ * £ 'Cl «;ll - 2 *D»• A.. a 52 Ik. C ^‘1 " i' .5 aNV. £ a ». ••• A.I 5.5 2 ?I?* ^ ? a c =■• .5: Ci I a ^ *■ c 5i. ^ L. i - 2 . ^ ^ ' ^ 5• I B. ^ •at o1 5 'c ** jB s: . t s • • 'i H \ lYWfl r*MO • V^. 111 • •JV#V>f*r::Til •V TM O «V# I #334 DEED N L. KELLEY (Vendors) ;. (Vendee) t is not then tsts to the City >lat of said land, to Vendors, and I approximately red in said approval hereunder. Vendors, !iereof, shall join covenants covering ecorded all at ive Vendee the right Vendee's surveyors, surveying and soil 1 promptly pay for dors and said land or encumbrances ragraph. and hereunder, said land, including less Vendee has such work in an agree to waive #334 the preceding requirement in the event the Vendee provides the City of Orono with a bond or letter of credit reasonably acceptable to Vendors and in an amount equal to 150% of the work to be done under this paragraph. Prior to conveyance of a part of said land hereunder. Vendee shall not cause, suffer or permit any residential construction thereon. Provided Vendee has otherwise complied with the provisions of this Paragraph 2. (regarding an escrow, a bond or a letter of credit), Vendee may remove brush and undergrowth within any dedicated roadway and easement areas, and may grade and level such roadway areas for purposes of road construction. With prior permission of Vendors, Vendee may deposit topsoil removed from such roadways on the platted lots. Prior to conveyance of a part of said land hereunder, and except as is otherwise provided in the preceding two sentences of this Paragraph 2., no dirt or gravel or fill of any kind shall be removed from that part of said land with out the prior written consent of the Vendors. Vendee shall prong>tly pay for any and all such work (unless and to the extent the costs of the same are otherwise provided for herein under an escrow account), and shall hold Vendors and said land harmless from any and all claims, liens, charges or encximbrances resulting from Vendee's activities under this paragraph. All work done by Vendee under this paragraph shall be done in such a manner as to provide that roadway and utility access, drainage and ability to provide for future development of sewers fot al^ of said land is fully protected. 3, After the recording of a final plat to said land, and provided Vendee is not then in default hereunder. Vendee shall be entitled to the conveyance of one lot for the payment of Ten Thousand and No/100 Dollars ($10,000.00) principal, in addition to the Twenty-nine Thousand and Ko/lOO Dollars ($29,000.00) paid as of the date hereof, and shall be entitled to the conveyance of additional .-3 ( y ; I . j kV t ■ ■ J I -2- 'wr i:j i»Koci;ni)i!ir.5 suur.i:«jui;:rr to i.jitiai. nccisiruV A-lay59 #334 RTATt OF Mi;::ii;r,oTA aiL'ifiY OF In the Mnccer of the Petition of i:ii.lia:i s. ki:u,i:y, jk. an.i U01>:)i:Y KU.LI.Y, Fur an Order Sliowinj; Termination of Casement. DISTRICT COURT FOURTH JUDICIAL DISTRICT ORDCU The ahovc-entitlud matter came on fur hcarint'. on the day of February, 1978, at Room A702 of the Hennepin County Government Center in the City of I'llnneapolis said County and State, before the Referee to whom said matter has been duly referred pursuant to tl. S. A. Section 503.13, to hear the evidence in said cause and report his conclusions therefrom, and who has filed his report herein; and the Court havini; duly considered the Petition, Report or Reports of the C:-:.ininer, the evidence adduced by the petitioners and the Repert of the Referee, finds: 1. That on the 16th day. of January, 1978, the Rcp.istrar of Titles * entered Ccrtificeitc of Title :io. 561167 to Wiinam S. Kelley, Jr. and Rodney Kelley for Lot 3, Klock 1 and Outlet A, Kelley h Kelley Division. 2e That tlierc appears upon said Certificate of Title a recital to the effect that a part of the prcnlscs is subject to a flowaj^e easement in favor of Hennepin County as contained in the iiistriinu?nt recorded in Book 85 of Miscellaneous Records, pa{;e 3U1. 3. That no flowap.e easement over the premises described in ✓ ^ dertJLficate of Title rio. 561167 was created hy the instrument recorded in Book 25 of Miscellaneous Uecords, pa::e 301; and tliat -ven if a flown«c case ment bad been thereby created, it lias ^athse«lllenLly been abandoned. Hm That notice of this nroceedin;; has been p.iven to the County of Hennepin by service upon it of an Order to Show Cause returnable before this Court in Itooin A7U3 of the lloitnepin County Covereinent Center at 2:00 P. M. of n Tuesday therein desip.nnted. ••c i - I --V" . —r i. // I cm OF OtoNO, MINNESOTA Land Use Application Case No. '■■ ■ > Ju Fee Street Location of Property; CfQ willow Drive south Date 10-20-77 Legal Description of Property; of lot 2 and all of Lot 3, Kelley & Kelley Addition ~ ■ 17C0 Sheiaid lower—-- - - - - - - - - - - George A. Jackson Construction Co., Inc. Minneapolis, Mn. 55426 546-0580 (Name) ^- - - -^- - - - • Type of Request; (Address)(Phone) Rezoning Variance Conditional Use Permit Subdivisicn Approval __ Other Description of ■»e.»uest:fe^,,, George A. Jackson Construction Co., Inc. (Applicant)(Owner) Please draw or attach a sketch of proposed structure showing the lollowing; 1. Indicate North 2. Location on Lot 3. Adjacent Street Names Ixrcation of setback and use of adjacent existing building. 5. Distances between aiqr proposed structures and structures on adjacent property. 6, Dimensions of proposed structure 7, Proposed setbacks 8, Zoning in force in this area Exhibit Submitted; 300 ft. of the b«»dari.. S*lma*Sthta(?00*ft?^f'^*wlS™ **',*?! "** address of the owners of .5 those naees^^cn the reconisrftte (^^HSi^orSf PfttUinn shnaring nf , niiiiin 111(1 Ii Village reconinendationsj 4 r nrmi K rMcCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING (NGINLLRS ■ LAND SURVEVORS ■ SITE PLANNERS c December 2, 1977'o^ EIS r" 3 p.n1 U-^V •—. I yiLLASE C5 CfiONO Hank Muhich City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Subject: Review of Preliminary Subdivision Application George Jackson Construction Company Dear Hank: On December 1, 1977, the applicant's engineer for the subject project submi'‘>d grading plans, road profile and drainage plans show' proposed drainage easements. Based on our review of Luese submittals, we recommend approval of the preliminary subdivision. GF:ts cc:Clark Engineering Company 2815 Wayzata Boulevard Minneapolis, Minnesota 55405 1280S OLSON MEMORIAL HIGHWAY. MINNEAPOLIS, MINNESOTA S5441 TELEPHONE (612) 560^700 22 NORTH MAIN STREET. HinCHINSON, MINNESOTA 55380 TELEPHONE 1612) 879a026 SOUTHWEST ENGINEERING DIVISION. MARSHALL. MINNESOTA 56258 TELEPHONE (507) 632-8O0 I . i Dfintsd on recvciftil oacMt • « McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINECRS ■ LAND SURVEYORS ■ SITE PLANNERS November 18, 1977 Ms. Barbara Ewald City of Orono P.O. Box 66 Crystal Bay, MN 55323 U-0/1 ggilWII > U.JlSX-.i*'NOV 21 isn VILLAG6 OQ ORONQ Subject: Review of Preliminary Subdivision Application George Jackson Construction Company Dear Barbara: As requested, we have reviewed the subject subdivision application. We recommend that the Planning Commission should not act on the application until that tiTne at which the following information is provided. 1. Centerline road profiles along with typical street section. 2. Grading Plans. 3. Drainage plans along with drainage calculations. We have concerns as to how the drainage will be bandied across Lots 1 and 9. Since another property drains onto Lot 1, an easement will be necessary along the route of the swale across Lots 1 and 9, and a culvert will be needed across the roadway. The swale breaks Lot 1 into roughly two equal parts, and may create problems as to where and how a septic system can be constructed. The applicant should indicate the proposed house site on Lot 1 as well as the septic system location. Most of the drainage from Lots 2, 3, 4, 5, 6, 7, and 8 flows across Lot 6. A drainage plan will be needed to show how the applicant proposes to handle this runoff. If you have any questions, please advise. GF:sw 12H06 OLSON MEMORIAL HIGHWAY. MlNNEAFOLiS. MINNESOTA SS441 TELEPHONE 1612) 5S0-370O 22 NORTH MAIN STREET. HLiTCHINSON, MINNESOTA 66380 TELEPHONE 16121 87»«I2» SOUTHWEST ENGINEERING DIVISION. MARSHALL. MINNESOTA 8628S TELEPHONE (8071 832-6620 pnnud on racycled PN>« DCIATES, INC. ■ SITE PLANNERS ” 0 m MOV 21 i2l< VlUAGB OB ORON® vision Application Company l>ject sion should t which the th typical ge calculations* ag« will be handled y drains onto lot 1• te of the swale across across the roadway, lal parts, and may ,c system can be ( the proposed house location. Most of id 8 flows across show how the applicant ivi'se. ours, SM4t TELEPHONE «S12I ESO^TOO TELEPHONE IE12I 87M02# ia2Si telephone «B07I BSa-fiSM r yJ ^ '^1 V TO:’ Planning Commission FROM:Hank Muhich, Zoning Administrator DATE:March 7, 1978 SUBJECT: Betty Jean Buesgens 3067 Farview Lane - Wetlands Variance Ms. Buesgens is requesting approval for the erection of a bridge across a conservation marshland easement for access to Lake Minnetonka. The subject property is Lot 5 of Block 1 of the Farview Addition. The following exhibits are attached: 1. 2. 3. 4. 5. Exhibit A - permit and to provide Exhibit B - Exhibit C - Exhibit (D* Exhibit (E- and access beach deck. Application for wetlands variance and conditional use exclusion from conservation easement for bridge installation lake access. Separate letter explaining hardships to property. Copy of plat. l)-(D-2)-(D-3)-(D-4) - detailed construction plans. l)-(E-2) - site plan showing proposed location of dwelling route to lake (Including location of bridge - walk, and 11 ii>- a I CnY OP 0RCM9, MD^ESCTA V CondlitionBl Us* and Variance Apidlcati lOCMTlON OP PROPOSAL (or proper^) Address 3067 Pasview X«anOf Ocono #3oy Legal Ossexiptioa Lot 5, Block 1, rarview Addition APPLICANT N ms Botty Jean Buosqona Phone # 941-7300 Address 16546 W. 78th Street, Bden Prairie 55344 C Nine Betty Jeen Bueegene PIttne i 941-7300 Address 16546 W. 78th Street^ Bden Prairie 55^44 Present toning iA_______.Present Use ZMlag Ord]n»ee Section Releting to Request pacify Ordinance Requlrenents tfg srkoctu^ Explain Request Relative to Requiienants TYPE OF ICquesr ^Conditional Use e _ Variance Wetlands Varlntce Ripr^ Bee B£SkUL Extant of Non^ • I » I t I « Nardshipe to Proper^ (IToiir reasons Bee Attached )fl. A^lio J(t. faction NA3ER1AL ISCESSAIOr FOR OC»ffLElE APPLICATION (Hist be siMttfld l^w^^rior to C ouk U Meeting) lication completed 4. Certified Property Owner»s List of p Section ^ OMners within (ISO ft.) • (Sketch in proposal)(ar fron Hennepin County Registrar of S, $fSoFHdtse Ot0SS itcT*04/ Date 2/27/78 \ ean Bnesg I • m0 . ^—* ■^m.y I ^^iters -J. Pniri* VHIagt Mall 16646 Wait 78th Straat Edan Pratria, Minntiota 55343 Phona: 612-941*73 t, February 27# 1978 S\!^lement to: Conditional Use and Variance Application Form Rez Lot 5, Block 1, Parview Addition HardflhiDS to Property The land %fas sold to be used as a residential building site. I was a%#are of the low land and always felt that it could be made to be more of an asset than a detriment. The primary purpose -‘f the landscape program is to keep all trees, scrubs, etc., in as natural a setting as possible. Except for the iialking path to the lake, via the bridge, the area will remain untouched. 4 -il-; 1 mm.m ''.9^ • f ^ • T i" ^: i--'}^f : „♦ • ’ r' T'- • ■'mi WI ip- f Olin ^f6/ . - i J.\ * •^{> * / I •*• » • p** 3:V* *• / - Vv ^V** •o IF -// i/ :• w vr ^. rJ II •■'■■■' ' , .•■■ ■;' -•; vA-''<• .-V' / >Tf • ^- ' • vX ■■'.•:!: C ssipw;'' ?'^ '-■ '•■•w'> >1 .- .^- >■ ■r f w KTcKITsf MINNEAPOLIS. MINN. 55415 mz •. »- -• t > r • ■i • . r 7^ j « •r- r.^ je' & U- ♦ 1 ■**J42-.'3 mKs • ^ A%f* v'J' V" . , X- / • >' r '■ V . S:' ^ ol # . ' ' PROPERTY OWNERS LIST LS^description 55^>o_ ELC-Ljm^^- p 7Svz.q^ 7a/o ZOQgL \C.nQ£L£^ 7<oq«J I- I i: / L300Q 2 1 7500- Z IfSOOO •ntf true rcprwent.*tlort of l*u:>fHH Hon as H appeafVWninQ onW i^cofdt of tho Henn. Co. Financo 'Ur/., 10 iiw twit Lri ffiy unow^toga andbdef. Hon«: Co. r>— TO: # FROM: DATE: Planning Commission Hank Muhich, Zoning Administrator March 9, 1978 SUBJECT: Joe Whitney ** 780 Old Crystal Bay Road South Subdivision (Planned Residential Development) - Sketch Plan Review Mr. Whitney is requesting approval of the attached PRD proposal for the development of the property previously owned by Chuck Kallestad. The entire property consists of 25.05 acres. 8.12 acres are designated as wetlands as indicated on our wetlands map. The enclosed plans indicate 16.94 acres as dry buildable. The proposal consists of 8 building sites. Each is described on the plat, but only one of which (Lot 4) contains the required 2 acre minimum lot area. Altha'jgh the remaining seven lots consist of less than the required 2 acres, the total 16.94 acres of dry area would provide the average minimum of 2 acres for each proposed site. Existing improvements, wetlands and easements on the original property restrict development somewhat. (The location of the existing access road, the utility easement, the existing structures and wetlands.) The applicant has not deducted the area required for the access road or 35 ft. utility easement. Deducting this total area might result in eliminating one building site. Lot 9 as proposed would be the responsibility of the association. Lot*9 consists of the access road, the setback areas between lots and the wetlands. After reviewing the proposal we can direct the developer how to proceed. We won't be able to schedule a Public Hearing until all the material as requested by Planning Commission is submitted. This includes revised plans, if necessary. I'm enclosing the following exhibits which were submitted 3-2*78: 1. 2. 3. 4. 5. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Subdivision application form Property description Property owners list (neighbors) Copy of plat map including subject property Topographical map and survey of property and PRD division as proposed 6. Exhibit F - Map of proposed development in relation to surrounding developed properties cinr OF oto>jo. Minnesota l-and Use Applicati on Fee (2^ Date , i ''treet location of Property; 7^0 Q |(^ 1 Description of Projorty:; /^Koc(v»^ __________. __ “V" -.f li I nI • : ^*^0 ® ------------------------------- ner: Vpe of Request:Rezoning Vari.v>ce _ _ Conditional Use Permit K__Subdivision Approval Other description of Request:-i "(AppljcantJ (0\vner) 'lease draw or attaclTa sicetch oT proposed structure showing the iolloviring: 1. Indicate North 2. Location on Lot 3. Adjacent Street Nan>es 4. Location of setbaclc and use of adjacent existing building. 5. ' Distances between any proposed structures and structures cn adjacent property. 6. ' Duaensibns of proposed structure 7. Proposed setbadcs 8. Zoning in force in this area Exhibit Submitted: ap or plat showing the property affected and all lands within 300 ff. of the boundaries r the property affected by proposed change. , jstractors or attemeys certification listing the names and address of the owners of i land within J9w ft. of the boundaries of the property requesting the change or rezoning > those names appear on the records of the County Auditor of Hennepin County, itition showing SOt of property owners within 500 ft. favoring rezoning or variance." 11age recommendations: r I- #360 EXHIBIT I 0xmir~ D Tract I That part of the South 379.5 feet of the Southeast 1/4 of Section 4, Township 117, North Range 23, West of the 5th Principal Meridian, lying East of the West 981.5 feet thereof, according to the United States government survey thereof. Tract II The South 280.4 feet of the East 569 feet of the West 981.5 feet of the Southeast 1/4 of said Section 4, Township 117, Range 23. Tract III The North 99.1 feet of the South 379.5 feet of the West 981.5 feet of said Southeast 1/4 of said Section 4, Township 117, Range 23. Tract IV M Lot 26, Auditor's Subdivision No. 229, Hennepin County, Minnesota, except the North 206 feet of said Lot 26 and except that part of said Lot 26 lying South of the South 379.5 feet of the Southeast Quarter of Section 4, Township 117, Range 23, according to the recorded olat of Auditor's Subdivision No. 229. 360 exmir- b 2ast 1/4 of 3f the 5th .5 feet thereof, ;y thereof. He West 981.5 Hwnship 117, the West an 4, Township 229, Hennepin f said Lot 26 h of the South 4, Township 117, ditor's Subdivision 4 * - • DEPARTMENT OF FINANCE PROPERTY OWNERS LIST NAME ADDRESS #360 x:)/?6A/n- 35? DESCRIPTION LOT I BLK.I PARCE ■ Pfiiu^cu i~R_ ’ ci.cmp A w__ i K-* ^ j ^ //7 -Z-3 ~XfLW^7^9jZ. W'iLtfl. De.LES BLLL S—_ ^^T/dSJ IdV 117-2.-^ BoioiroRS■Sq6N/a2Z9 4R4- AT- ^/S.o c y -----------V/i7/) V/ 5?I/Ri£y4!l. *3roWff SiGJ<Asx^^1 :i0 7^^ Pcy_^ <^H-fil9.Usns. /\ CC ]r/i7xx-f/ML-" Rt' // r /, --r— £Mj EMrJ^l ?& br^ T E/.J|S/vlFV/ rti/fiJ , 1^ ^ ^ tl>rA ___ r 3zr> ■ ■■ II i 1I ■I I I '2000 7-2^ ,£^0. \£2Zjd [£¥12^ ORc hJO-^2. DESCRIPTION rr m te are •« icnt^lufi of i t ’• irt this drtf 01 tha Hviin* Co. f iW* xa la at mjr 1 1 t nnanc* OMrto« .................1 1 ' — -s --------------------------—----------------------- ' ------------------ 'vsex^ TO: FROM: DATE: Planning Commission Hank Muhich, Zoning Administrator March 9, 1978 SUBJECT: N. C. McDonald - 1225 Shoreline Drive Variance - Lot Area & Width - Side Yard Setback Applicant is requesting several variances to replace existing dwelling with new residence. The existing dwelling is currently non-conrorming relative to lot area, lot width and setback requirements. The location is also in violation of our lakeshore setback requirement. In contrast to this violation the newly proposed residence would meet the required*75 ft. lakeshore setback. The marsh area between the residence and road restricts access to the dwelling. However, an access drive has already been constructed some years ago to provide access to the existing dwelling. We should address the issue of access and instruct the applicant to use the existing drive rather than fill any more of the low area.• si The following exhibits are attached: 1. 2. 3. 4. Exhibit A Exhibit B Exhibit C Exhibit D Variance application form Property owners list (neighbors) Copy of plat map including subject lot Survey and site plan indicating location of existing and proposed structures i L„,■urititim-Tinit li f £A(t/OlT A Ti OF OMNO, MINNESCITY OF OMNO, MINNESOTA Coiditional Use and Variance i^>pllca‘ location of mSPCSM. (or prcperty) Address Shoreline Drive, Orono Mn 35391 #361 ■i Legal Description sec. 2 7.117 R.23 piat A1302 applicant Name N.c. MacDonald Phone i 473-4436 Address aVNER Name 1225 Shoreline Drive, Orono MN 55391 N.C. Mac Donald Phone # 473-4436 Address 1225 Shoreline Drive, Orono Present Zoning L Present Use 9E% TYPE OF REQUEST Conditional Use X Variance ___ Wetlands Variance Riprap Fee pm OFFICIAL USB ONLY Council Action Date Approved Denied Zdling Ordinance Section Relating to Re<iL»st Spocify Ordinance Requirements XAcit£ AREA ^ Explain Request Relative to Requireoents AfOit-ccUfioAHtyc •^S^i^LktMA ---lAff.TA tuM/c^ U/0ui,P rtfi TO______ ^unviti/E Uftrff jjej ^^smoas ssrOA^sA Extent of Nen-confornlty Zor Ii££.^AST S/PA ilardships to Property (Your for xe(pjestiiig this Variance or Conditional Use Pemlt We feel a new house on this site would not only enhance the Lake Minnetonka area, but it would update City of Orono requirements. Example: House 75* away from lakeshore. Approvei septic system or holding tank. material necessary pm omieie application Uust be sidimitted 1 wedc prior to Council Meeting) 1.. Afolication conpleted 2. Plat Mq» Section 3. SuTTcy (Sketdi in proposal) 4, Certified Property 0>mB r*s List of owners within (150 ft.) - r« fron Hennepip^Copty Registnr of S. Signature \ 13,#361 TYPE OF REQUEST Conditional Use X Variance Wetlands Variance 436 Riprap Fee tV- i FOR OFFICIAL USE GNLY Council Action ~ Date Approved Denied LmT TO CA4^£SMM SBrOA^i/S MM. ^ S i0B f f* urience or Ccnditienal Use Pendt he Lake Minnetonka area, but it would away frow lakeshore. Approved tCATION LI Meeting sd Property Owner*! List of dthin apHO (ISO ft.) • mepin^County Registrar of, •/ \o department of finance ROOM 116, COURTHOUSE MINNEAPOLIS, MINN. 55415 #361 PROPERTY OWNERS LIST 150 fK(^/8(T 6 (Oc*r)MO 3^ NAME ADDRESS r IL7 __ PL,/£Lr_. 4 (.30^ description lot blk . parcel BJJ.3 A/iO v^Ci&asS ,5W '/4r p(\mc<x- A»t//nOe^ IbD._isJo Co9 ft^y^r__4140a tAkthcM (\i Shc«'«rrnj 4r. Orcne ■P“T. i^Q:r_JL TpY,4noo >t^x__430a2. itc^r Skt^ri-iNiT VrA._fjw . 5re£.eD - L RftT •210 Cepje^i^L.. TP*»<^T i PT~. C3^ C.- P^eT_QF_JT:fiLOfi31-CL-90 to cyaa _i?L>Avey__y 0. IIL TeACX- A..sooa 6u/?.v£ y a Jo- 13^^ Pt^x - A3i - yVc^ SMeftct/MiT iciMi TRAxrr B 90 00 Liifi truitruo f-r gg It : ^ :n cr: ^ r* J o ftcorcs Cl t -V^V.r-i-^-------- >^■1 /’ V ) V ' r n •>// A / h • / % :/ '*: VJ / / • • Y \V •1 »\ . # .1 •*../:#361 •« ^Hl>rA7, vS>i vjC - l\ jZ. Vi • ►.V I ^ l"* l«> 3AV 3N33)I •I ^ f .¥JJgiJx If / • ' » isH /I O U) • • J ^ 3Aif ! • 1 . 1 f NOINVH 1 \ %• •V ••p •. i 4 *'^ ^ Q-q m II• • • . ^1 » m . tm «W M 2 ji V5r •''i • • *Q>i 'V' \.a\•I ■7i> i ® /..b.^c J3AW AJLjaiitiMca m ri-r. ■ I iW Ik" r 1'-i" ' . '12 \ ..3 THE FARM AT LONG LAKE •CALI t« mt • • MAOfIt •AON *<M •OA^IAT V<«N A|.A«t«0 «AtlAt t|»MI««tC9 «« • • rfUOtClAL LANA HAAatA 0 . alAAt^i*- A • • • tAA'AAt «»0«A AAI AIWMCA 4AAUAA* itrt ACMCM MANS tkl« • tiO •• utfti Di»e'«ii7 iti4' aortm r AD. •rft Atuta|«T OF A A DAIOAI 0«f A MA« *»A|ft !»«• tUt «• »<w«4 M) Amiait t*nU ta < BOOK.PAGE R.T. DOC. NO. A* tf* A • Itro 9t I • At ♦! « • At •• (• • • tA*Ot « eo«tw.TM« c«w«m ■4 ^ ___!L. - J _ _ DAA’SAQC A wtaiTf CASrVtVM AAf •mOWA TWW9. ACIHA Mi rcf T tA A mOTH AND AO jO>A'»B TMC lot l>AC UNLttt OlMCAWttt AMOMA R. L. 0 NO. 9E6 I ,-J L M SH ^rur—t tt rtrrtui Cttt ^ «a // LONS LAKE 41 4(-f *»■> "t* ||fl^ COUNTRY CLUB ADDITION * lAti Lr»0 PoraT T^l •? Sam Lfi*t fff ser^, rrr0, "“lAO^ 0 $••• » DA* A•••• A« i • f Of e • « 0» Cf • • •••» >«'l 0 A • 0*09 V A > -4^9 9« L • • AA C • A At ««• »t9*A«Mrt -^1 V/' iRk. If* M OD*I UiH 4 flO 90*» (^4* |T»00 0©' “A * ttO 00 t » « 4F to OUT lOT C : ^|4»- 1^ tt I I t*"rr.*;." I I I. IM i)'fh 1% ‘i ’v>' ii]I i ,^4 ‘r M . A MMO ®|;ir I // „ <■-%- -®- liiT ct • A tA«ta «'t . •° ih- f / W '/.or. ...... /. ' ' , » ---------_____________J L_•'• *•____ ''A > : t-5t«FA«otF rgff^ sit/4, 5#c £^.rti9.L ,»?f u/ iL'f, l\ r u§, a £3 R. L. 8. NO. 1275 n,‘rai THE FARM 1»» -itM pttsrin: tm! lt»K\l'.. • MtiOMi »»‘" wrtntriHlp, .lolw ". l«rt«ell »< ».»p»rt. Tmt 04rt Sout-wnt co™»r of »... _ ., t!«»nc« nortr»»»Url, llO"» t»« ; - ,a n 94 C041M wi' iHt. I’m* Ki *«'» yf - M4rl»en — ; of t*w* ff*cH0«* tiwist comor of wjJ qaarttr jm’-; • OOl«<t %«ii av <Ums, 4oU C»wr«l Mrtlwrt. cwtr«t ««*r» of too .....:flonotoll 1ooor»! foUnoinl lottrlliod I iOrtoter toctio" to tw • conto^ntnq S»4 «ros «•»« Toroom C4». V.t04t pt't B#qi(w1n9 It « IS to » » ...............- • * ptrt of t*to l*»t H*»o - etwsed t*»e laat to &• iuntoyod ^««r tM n>*d •"< ihe«ce MfiU*! «Uh t»*o Sa-T’ oiJ S< iHoo % - ,t «.» cholm Mm. solo owral oortwort, contnci »Ofi»T> Mt tho 4ld lake to too oa»t Hoo of toctio"; toooco wrto on told oait ii"o ■ to. Hoo of tald toctloo; tOooco oott oartn irt«»r toctloo; tho«C< »out>» U.M Choi hos M --------- rt#r, V _______ ________loh lot Of iOld Socttoo, f-L t llfit Icl «Uh tho south 1 ino ttid Vctio", If.di cOami; tlwc^tort holns; th iro or Ut r, iOC i n. >4 ! choin to th« iatt 1ih« -th S9 drqroes {«st t me» South 64*1/2 *qr««s [ast .' Soctlon; th«»co South ‘.91 chqlosMcxion; i'>o«co >ou^n .»• ^ ".• --- 1 k}u4icUl Lahdi^ris puriuonl tO prrv«s C0$# '•0. to tho 12J> pUct of beolholno. LOIMQ llAKE I ooooOt cortl't toot ! oa» tortorad and i lattod too omoort, oo ton l*'I i olat 1» a cooroct roproiootatloo of tald tyryor; toat alt dtttaiKot ’!V I". O^doodtni of a foot; toot alt laooyiaaott oato boo* corroctl* slatod lo •• • ^ tH» outsido bo»#«*ar1fs trr correctly dHlqnatod w» saU plat, a«d l/^ro ar* »« > U iw mionaUi. U sa*4 put. st4-r4::4r:,“4u;=;|rA::S^ Ut ooooir officor a*d U» coooorarc oal to be oo-T«to affltod toll Too forooolo, loltiioaoot Ml at»oc»lwlood boforo at toll __**> •' . laod ■.yOYOjOr, lamXf. "Itoioiou ___. 4.t.. t«_.fly !.0»1nl0" oablotd , 3fBTT‘«WWn owin, dtiMvtn Tou otat of t« fAW »T t >r. lUf ... w-oiocod ."d accootod b, to. CIt, Co«1l o' •«. Ot, H 3n«,. ««aMl*. at a roo-tar «t1o, looraof bold ton ----------da» »»--------------------------*•’• LIH!T I'.' HpWTUlll FIKT IMltlim MW or NtWtMOUS wtj Moiolitootoo- TW fMN »T LOW L*« f,j;^^o.„M*. w«-o.. u-tt. lT.T^ZXuy,rZ^J!i •llX'.i* 4.Do ' aoroofi T. Hoopo, j0t«l n. HanMfT*. (>fM*r4l Pirtftor ^TimVni •• Gonoral Partner Hranoio C«nTf i dwoot. »yny«.t to coaotot 110. WowooU lam of l»W. Wf, » it boi »w o»«»0 *•'• ____dot of_______________•»____________________ lostfMwot •as aca**ow1##h i boforo » thisIbt fortoelhf Smitrymtmt was acawon Loey I. »*art««H, nt^baM aod i»if«. W by John H. NartMtU aoO «|SliTM« or fITUi. Hwi»,lo UHlot,. »i^U. I o.ra*>, tortiV tWt *■>• ?<*«■ J*L*toe;M “ .at fttod 1" ton offtto ton _____^dajf o' _______________a.j.. at _________a clat'. « t"o> cowo'.d «lt» tb. o'fUlat atat aod «r» fMa to b. to* and cowt toono t»w> 'l*icUry fgbTic, ^ Ity Cowltsien aiblrvi .. sun c*f mwsota ?Sr''I4~‘n-.» « Mfb« * tH*. ___^-r •'------------• "• "" TiMtby AdM Ml# qoMral aartnars of «t fMI AT L7I& ‘ibtarv' bi^1lV» Nmvin Coi#*l/, *1 "«rv€»ta Oy Coaairttsloo r«bir*% ^ d9fm A, aWiiiMO« ^ rf ‘UtH loAt nifMt bf m ci«r n H a«jKt • < '.'OW.-O .«.na-«« ;.;;.r.ti^,TVT;or.r of taa coroerattao. 1 si*ji!un=s ri“iRr-"JU?.sr •ata<7 oybiu. nt«>wi«Toiait», i4toi»»ota % toa»nito" aaalrai _________ SHEET I OF * V <£.> t‘fy '^f ■* /c/>- ■ •■'i'^ -.N -' «<•/" ’’■'A ^ . 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