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Home My WebLink AboutResolution 6400 � o� O �� O CITY of ORONO ! ��,�� _ a � ��' ��=;'�,�.. � RESOLUTION OF THE CITY COUNCIL ,� ,� � _ ; .:�r ti � G NO. � �I ��_ ��kESH��'� `. A RESOLUTION VACATING THE DRAINAGE AND UTILITY EASEMENT OVER LOT 18, BLOCK 1, STONEBAY FOURTH ADDITION AND APPROVING THE PRELIMINARY AND FINAL PLAT OF STONEBAY SEVENTH ADDITION -FILE#14-3653 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,the City Council of the City of Orono(hereinafter"City Council")has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS,Stonebrooke Dev LLC,a Minnesota limited liability company on behalf of Wooddale Builders, Inc., a Minnesota Corporation and the Stonebay Community Association,a Minnesota nonprofit corporation,(j ointly hereinafter"the Owners")have applied for preliminary and final platting(replat)of a lot line rearrangement into Lots and Blocks of property legally described as � follows: Lots 3,4,5,6,7, 8,and 18,Block 1,STONEBAY FOURTH ADDITION,Hennepin County, Minnesota (hereinafter"the Property"); and WI�EREAS,the Owners have concurrently applied for vacation of the Drainage and Utility Easement over Lot 18, Block 1, STONEBAY FOURTH ADDITION; and WHEREAS, on April 21, 2014 the Orono Planning Commission reviewed the application to replat the property into five building lots and one commons lot where six building lots and one commons lot currently exist,and reviewed the application for vacation of the Drainage and Utility Easement over the aforesaid Lot 18; and VVHEREAS,on Apri121,2014 the Planning Commission recommended approval of the re-plat and easement vacation on a vote of 6-0,subj ect to the Owners dedicating a new Drainage and Utility Easement over the proposed Lot 6,Block l, STONEBAY SEVENTH ADDITION;and Page 1 of 4 � o� O ;s�, O CITY of ORONO �_ �,�� - � � �� -4,�. � RESOLUTION OF THE CITY COUNCIL „ ;. �, � �� :.�� ti No. 6 4 °1 � G L�k'ESH�4� WHEREAS,the City Council has considered the application by Stonebrooke Dev LLC on behalf of the Owners and hereby makes the following findings of fact: 1. The Property is zoned Residential Planned Unit Development District(RPUD). 2. The Owners or their predecessors in title executed the Planned Unit Development No. 4 Agreement which set forth terms and conditions for the development of PUD No. 4 which includes the Property, providing for the installation of certain public and private improvements,and which agreement documents the general and detailed conditions for use and development of the Property,including the platting of the Property into Lots and Blocks. The provisions of the Planned Unit Development No. 4 Agreement remain in effect with regard to the Property. 3. Proposed Lots 1 thru 5,STONEBAY SEVENTH ADDITION,are intended to replace Lots 1 thru 6, STONEBAY FOURTH ADDITION, creating 5 building lots where 6 building lots currently exist, resulting in building lots that are slightly larger in area and width than the existing lots,but also allowing for additional separation of residence structures from existing wetland buffers. 4. Proposed Lots 1 thru 5 will incorporate a small triangular portion of existing Lot 18.Lot 18 is a commons lot owned by the Stonebay Community Association and within which exists wetland,wetland buffer areas,and uplands between groups of individual building lots. The entirety of Lot 18 is subject to a Drainage and Utility Easement dedicated within the plat of STONEBAY FOURTH ADDITION. A portion of proposed Lot 3 incorporates a small triangular portion of upland existing in Lot 18 which is not subject to wetland or buffer restrictions. It is the intent of the Owners to vacate the existing Drainage and Utility Easement over Lot 18,and rededicate an identical Easement over proposed Lot 6.Proposed Lot 6 will encompass the entire area of existing Lot 18 except for the small triangle within proposed Lot 3. 5. The Council finds that the portion of existing Drainage and Utility Easement to be vacated within Lot 18(and not rededicated within new Lot 6)will serve no public purpose and is not needed for drainage or utility purposes. 6. Because no additional lots are being created over and above the existing number of lots,no Park Dedication or Storm Water&Drainage Trunk Fees are due. 7. Grading and drainage plans as well as landscape plans from the original approved plat will remain essentially unchanged as a result of the replat. Page 2 of 4 � O� O �� O CITY of ORONO ,��,g� � ;�_ _�� '� (�% ° � � RESOLUTION OF THE CITY COUNCIL �'� '� ..�� ti No. �-�-_�— G t�kESH�g'� 8. All proposed lots will contain suitable area meeting all established PUD No.4 requirements requirements to allow the construction of attached residences; and WHEREAS, the Owners have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Dedication on the plat of a Drainage and Utility Easement over proposed Lot 6. 2. Designation on the plat of wetlands as depicted in the plat of STONEBAY FOURTH ADDITION and described in the existing Flowage and Conservation Easement over said wetlands. 3. Payment of final plat fee in the amount of$700. 4. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. NOW,THEREFORE,BE IT RESOLVED that based on the findings noted above, the City Council of the City of Orono does hereby approve the vacation of the Drainage and Utility Easements dedicated in the plat of STONEBAY FOURTH ADDITION, Hennepin County, Minnesota and does hereby approve the plat of STONEBAY SEVENTH ADDITION, Hennepin County,Minnesota subject to the following conditions: 1. Development of the Lots 1 thru 5 shall be in conformance with the provisions of the PUD No. 4 Agreement. 2. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney that all requirements of the platting regulations have been satisfied. 3. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before November 12, 2014 together with a certified original copy of this resolution. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event,it will be necessary to file a new application with the City of Orono for subdivision review. Page 3 of 4 � O� O ��. O CITY of ORONO � �� _ = . �=S 7 ��' �� °-",,�. D+ RESOLUTION OF THE CITY COUNCIL � ti �� .:��: Gti No. 6 E� � �kESH�g'� Adopted by the City Council of Orono this 12th day of May, 2014. ATTEST: �--� � �o .�. , Rachel Dodge, City Clerk Lili Tod McMillan, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing inst�rument was acknowledged before me on this /2 day of /�'� , 2014 by Lili Tod McMillan, Mayor of the City of Orono, a Minnesota municipal corpor ion and said instrument was executed on behalf of the City. BARBARA G. SILUS ��'b�� NOiARY PUBLIC•MINNESOTA Notary Public My Cornmiss�on Exp�res Jan 31,2048 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this/Zday of ,2014 by Rachel Dodge, City Clerk of the City of Orono, a Minnesota municipal corporati n and said instrument was executed on behalf of the City. �� BARBARA G. SILUS Notary Public NO�ARY PUBLIC-MINNESOTA `,,.� My Commission Exp�res Jan 31,2048 Page 4 of 4 STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on May 12th , 2014,with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this��'day of , 2014. L-'�/"�-�_ i _ dt...�_,-F' City Clerk � o� O �e, O CITY of ORONO , � ��r� ,,� a,a �-1 �`�4A � RESOLUTION OF THE CITY COUNCIL .. � titi �'� ��' �� No. 6 � ,�1 t� t9kESH�g'� A RESOLUTION VACATING THE DRAINAGE AND UTILITY EASEMENT OVER LOT 18, BLOCK 1, STONEBAY FOURTH ADDITION AND APPROVING THE PRELIMINARY AND FINAL PLAT OF STONEBAY SEVENTH ADDITION -FILE#14-3653 WHEREAS,the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS,the City Council of the City of Orono(hereinafter"City Council")has adopted subdivision and land development regulations for the orderly, economic and safe development of land within the City; and WHEREAS,Stonebrooke Dev LLC,a Minnesota limited liability company on behalf of Wooddale Builders,Inc.,a Minnesota Corporation and the Stonebay Community Association, a Minnesota nonprofit corporation,(jointly hereinafter"the Owners")have applied for preliminary and final platting(replat)of a lot line rearrangement into Lots and Blocks of property legally described as follows: Lots 3,4,5,6,7, 8,and 18,Block 1,STONEBAY FOURTH ADDITION,Hennepin County, Minnesota (hereinafter"the Property"); and WHEREAS,the Owners have concurrently applied for vacation of the Drainage and Utility Easement over Lot 18, Block 1, STONEBAY FOURTH ADDITION; and WHEREAS, on April 21, 2014 the Orono Planning Commission reviewed the application to replat the property into five building lots and one commons lot where six building lots and one commons lot currently exist,and reviewed the application for vacation of the Drainage and Utility Easement over the aforesaid Lot 18; and WHEREAS,on April 21,2014 the Planning Commission recommended approval of the re-plat and easement vacation on a vote of 6-0,subj ect to the Owners dedicating a new Drainage and Utility Easement over the proposed Lot 6,Block 1, STONEBAY SEVENTH ADDITION;and Page 1 of 4 � o� O �ss� O CITY of ORONO � �� _ �w, � ✓ �� RESOLUTION OF THE CITY COUNCIL , 4�r � `ti' :;� .. � No. 6 4 � �� G ��kEsH�4� WHEREAS,the City Council has considered the application by Stonebrooke Dev LLC on behalf of the Owners and hereby makes the following findings of fact: 1. 'The Property is zoned Residential Planned Unit Development District(RPUD). 2. The Owners or their predecessors in title executed the Planned Unit Development No. 4 Agreement which set forth terms and conditions for the development of PUD No. 4 which includes the Property, providing for the installation of certain public and private improvements,and which agreement documents the general and detailed conditions for use and development of the Property, including the platting of the Properry into Lots and Blocks. The provisions of the Planned Unit Development No. 4 Agreement remain in effect with regard to the Property. 3. Proposed Lots 1 thru 5,STONEBAY SEVENTH ADDITION,are intended to replace Lots 1 thru 6, STONEBAY FOURTH ADDITION, creating 5 building lots where 6 building lots currently exist, resulting in building lots that are slightly larger in area and width than the existing lots,but also allowing for additional separation of residence structures from existing wetland buffers. 4. Proposed Lots 1 thru 5 will incorporate a small triangular portion of existing Lot 18.Lot 18 is a commons lot owned by the Stonebay Community Association and within which exists wetland,wetland buffer areas,and uplands between groups of individual building lots. The entirety of Lot 18 is subject to a Drainage and Utility Easement dedicated within the plat of STONEBAY FOURTH ADDITION. A portion of proposed Lot 3 incorporates a small triangular portion of upland existing in Lot 18 which is not subject to wetland or buffer restrictions. It is the intent of the Owners to vacate the existing Drainage and Utility Easement over Lot 18,and rededicate an identical Easement over proposed Lot 6.Proposed Lot 6 will encompass the entire area of existing Lot 18 except for the small triangle within proposed Lot 3. 5. The Council finds that the portion of existing Drainage and Utility Easement to be vacated within Lot 18(and not rededicated within new Lot 6)will serve no public purpose and is not needed for drainage or utiliiy purposes. 6. Because no additional lots aze being created over and above the existing number of lots,no Park Dedication or Storm Water&Drainage Trunk Fees are due. 7. Grading and drainage plans as well as landscape plans from the original approved plat will remain essentially unchanged as a result of the replat. Page 2 of 4 � o� O �, O CITY of ORONO ~',��3;i ' �.:, � '�,,' °-�z�� RESOLUTION OF THE CITY COUNCIL � ` �,'�' NO. _�� •; �T L�kESH�g'� 8. All proposed lots will contain suitable area meeting all established PUD No.4 requirements requirements to allow the construction of attached residences; and WHEREAS, the Owners have completed or have agreed to complete all other requirements of the platting regulations of the City including: 1. Dedication on the plat of a Drainage and Utility Easement over proposed Lot 6. 2. Designation on the plat of wetlands as depicted in the plat of STONEBAY FOURTH ADDITION and described in the existing Flowage and Conservation Easement over said wetlands. 3. Payment of final plat fee in the amount of$700. 4. Provision to the City of a title opinion for the Property and certified copies of all recorded easements currently affecting the Property. NOW,THEREFORE,BE IT RESOLVED that based on the findings noted above, the City Council of the City of Orono does hereby approve the vacation of the Drainage and Utility Easements dedicated in the plat of STONEBAY FOURTH ADDITION, Hennepin County, Minnesota and does hereby approve the plat of STONEBAY SEVENTH ADDITION, Hennepin County,Minnesota subject to the following conditions: 1. Development of the Lots 1 thru 5 shall be in conformance with the provisions of the PUD No. 4 Agreement. 2. The City Clerk shall release the plat documents for filing only upon certification by the City Attorney that all requirements of the platting regulations have been satisfied. 3. The aforesaid plat shall be filed by the City of Orono with Hennepin County on or before November 12, 2014 together with a certified original copy of this resolution. The approval granted by this Resolution shall expire if the conditions of this Resolution have not been met or the plat has not been filed by the date specified above. In that event,it will be necessary to file a new application with the City of Orono for subdivision review. Page 3 of 4 � o� O �� O CITY of ORONO �� . t��=� � � �- �: � � RESOLUTION OF THE CITY COUNCIL � � ,� �v� � � .:�� No. 6 �� c7 G ��kESH�4'� Adopted by the City Council of Orono this 12th day of May, 2014. ATTEST: ,�0 Rachel Dodge, City Clerk Li i Tod McMi lan, Mayor STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instnzment was acknowledged before me on this �2 day of , 2014 by Lili Tod McMillan, Mayor of the City of Orono, a Minnesota municipal corpora ' n and said instrument was executed on behalf of the City. BARBARA G.SIIUS �Q�-� ��'' . NO�ARY PUBLIC•��TA Notary Public My Commit�ion ExpirokJ�n•31,2016 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thisf Zclay of � ,2014 by Rachel Dodge, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. BARBARA G•SILUS �a.�b�..c� a NOTARY PUBUC-M�NNE�TA Notary Public My Cornmission ExPues�a�•3t'��8 Page 4 of 4